C. For the purposes of this chapter, a person consents to removal by towing of his or her vehicle when that person parks such vehicle within the corporate limits of the city of Fairfield on public property or public right-of-way where towing is authorized by this chapter, thereby consents to the removal or towing and storage fees to the relocator performing such services prior tot he release of the vehicle. (Ord. 1269 1(part), 1985)

5.17.020 Definitions.

 

As used in this chapter:

A. Private property means real property owned or controlled by a person other than a governmental authority.

B. Property owner means the owner of the private or public property or the manager, agent, employee of the owner, or the person lawfully in possession or control of the private property. For the purposes of this chapter, agent shall not mean and include the commercial relocator contracted with by the property owner for the commercial relocation of vehicles.

C. Public property means real property owned or controlled by a governmental entity and shall include areas where public parking spaces are provided.

D. Relocation service or service or relocator means any person or entity engaged in the business of removing trespassing vehicles by means of towing or otherwise, and thereafter relocating and storing such vehicles.

E. Relocator means any person or entity engaged in the business of removing trespassing vehicles from private or public property by means of towing or otherwise, and thereafter relocating and storing such vehicles.

F. Trespassing vehicle means any vehicles parked on private or public property where the owner or operator of that vehicle does not have authorization to park that vehicle or where the owner or operator of such vehicle exceeds such authorization; and

G. Unauthorized vehicle means any vehicle parked on private property where the owner or operator of that vehicle does not have permission to park that vehicle. (Ord. 1269 1 (part), 1985)

5.17.030 Requirements and Prohibitions.

 

 It shall be unlawful for any relocator to:

A. Operate in this city as a relocator or service without first registering with the city clerk upon forms provided by the city clerk;

B. Operate on the streets and roadways of his city any vehicle used for the commercial relocation of trespassing vehicles unless there is painted or firmly affiixed to such vehicle on both sides thereof in a color or colors vividly contrasting to the color of the vehicle the name, address and telephone number of the operator thereof;

C. Remove any vehicle from private or public property without having first obtained the written authorization of the property owner as provided in Section 5.17.070;

D. Remove any vehicle from property for which signs are required and on which the required signs are not posted pursuant to Section 5.17.040;

E. Remove a vehicle when the owner operator of such vehicle is present or arrives at the vehicle location at any time prior to the completion of removal, and is willing and able to remove the vehicle immediately;

F. Remove a trespassing vehicle without informing the Police Department within one hour of such removal;

G. Fail to file with the city clerk the signed relocation authorization forms within seven days of the removal; and

H. Remove any vehicle, otherwise in accordance with this chapter, more than two (2) miles from its location when towed. (Ord. 1269 1(part), 1985)

5.17.040 Written Notice of Removal.

A. Except as provided in subsection B of this section, it shall be unlawful for a relocator to remove a trespassing vehicle from private property unless written notice is provided to the effect that such vehicles will be removed. The written notice shall include the name, address, and telephone number of the relocator or relocators used by the owner and shall state the amount of the charges to which the person may be subject. The notice shall consist of a sign or signs placed in an unobstructed and conspicuous place in the affected area from which unauthorized vehicles are to be towed and shall be at least twenty-four inches (24) in height by thirty-six (36) in width at least four feet (4) from the ground but not more than eight feet (8) from the ground and shall be wither illuminated, or painted with reflective paint, or both.

B. The notice provisions of subsection A of this section shall not be required under this section in the following circumstances where towing is otherwise authorized:

(1) From public property or residential property which, having due regard to the circumstances and the surrounding area, is clearly reserved or intended exclusively for the use or occupation of vehicles belonging to residents or official governmental vehicles; or

(2) From any property clearly intended for a use other than parking; or

(3) From public property which is posted with a conspicuous limitation on parking.
For the purposes of this section, residential property means buildings containing five (5) or less dwelling units. (Ord. 1269 1(part), 1985)

5.17.050 Registration and Fee.

 

Every relocator shall register annually with the city clerk on or before April 30, upon forms provided by the city clerk. An annual fee of twenty-five dollars ($25.00) shall be paid by the relocator. Such registration shall not be required where the relocator limits its service to the removal of vehicles at the request of the owner or operator of vehicles. A certificate of insurance shall be submitted by each relocator at the time of registration to the city clerk with the coverage valid through the term of the relocators one (1) year registration. Such registration fee shall be waived when a relocator names the city of Fairfield on additional named insured on its insurance policy or bond. (Ord. 1269 1 (part), 1985)

5.17.060 Insurance Requirements for Relocator.

 

 It shall be unlawful for any relocator to operate a relocation service without an insurance policy or bond in full force and effect insuring or indemnifying the relocator for its liability in the following minimums:

A. For injury to person, in an amount not less than one hundred thousand dollars ($100,000.00) to any one person and three hundred thousand dollars ($300,000.00) for any one accident; and

B. In case of damage to property other than a vehicle being removed, in an amount not less than fifty thousand dollars ($50,000.00) for any one accident; and
C. In case of damage to any vehicle relocated or stored by relocator in an amount not less than fifteen thousand dollars ($15,000.00) per vehicle.

Such insurance policy or bond shall be issued by an insurance of bonding company qualified to do business in the state of Illinois. (Ord. 12696 1(part),1985)

5.17.070 Authorization for Removal.

A. Except in the case of vehicles towed by order of the police department, no relocator may remove a trespassing vehicle without having a relocation authorization form filled out and signed by the person who is requesting the removal. Such forms shall be signed and dated at the time of removal. No pre-signed forms shall be used. The relocation authorization shall be those proved by the city clerk to the relocator at a reasonable cost.

B. No relocator shall remove a trespassing vehicle from private property unless the person requesting the removal has an interest in the private property.

C. In addition to other penalties provided for in this code and in addition to other Chapters of this code authorizing towing, any police officer or person designated by the police chief may authorize removal of a vehicle from public property by towing by a relocator when such vehicle is parked contrary to the provisions of this code and
(1) Where an official sign is posted designating the area as a two-away zone; or
(2) Where such vehicle is parked so as to constitute or cause:
a. An obstruction to the delivery of municipal or emergency services; or
b. An obstruction to vehicular or pedestrian traffic; or
c. A clear and present danger to health, safety, and welfare.

D. Issuance of a parking ticket shall not be a prerequisite for vehicle removal authorized by this Section. (Ord. 1269 1(part), 1985)

5.17.080 Relocator Fees.

 

 A relocator may charge rates not to exceed thirty-five dollars ($35.00) for the commercial towing or removal of trespassing vehicles from private or public property. In addition, a relocator may charge a rate for the storage, for periods in excess of seventy-two (72) hours, of vehicles in connection with such towing or removal of which shall not exceed two dollars ($2.00) per day or any part of a day. However, no relocator shall impose charges for such storage for the first seventy-two (72) hours after towing or removal. (Ord. 1269 1(part), 1985)

5.17.090 Enforcement of Lien.

 

Unless the trespassing vehicle towed or removed by the relocator from private or public property pursuant to this chapter is redeemed within ninety (90) days of the completion of the expenditure of such labor, services, skill, or furnishing storage, the lien may be enforced by public sale of said vehicle in the manner provided by an Act concerning liens for labor, services, skill, or materials furnished upon or storage furnished for chattels of the state of Illinois, Chapter 82, Illinois Revised Statutes, Section 47(a) et seq. (1983) as amended.

In no event shall the lien created in this chapter be greater than the rate or rates established in accordance with Section 5.17.010.

In no event shall such lien be increased or altered to reflect any charge for services or materials rendered in addition to those authorized by this chapter. (Ord. 1269 1(part), 1985)

5.17.100 No limitation on other liability.

 

Nothing in this chapter shall be construed to limit or alter the vehicle owners or operators civil or criminal liability for trespass. (Ord. 1269 1(part), 1985)

5.17.110 Violations.

 

A violation of this chapter shall be punishable by a fine of not less than thrity-five dollars ($35.00) and not more than five hundred dollars ($500.00) per day or per removal (Ord. 1269 1(part), 1985)