§ 74-37. Immobilization devices.

(a)

Authorization. The registered owner of any vehicle parked in the village in violation of this article shall be liable for the penalties prescribed for any such violation. Likewise, the driver of any motor vehicle parked in violation of this article shall be liable for the penalties prescribed for a violation of this article. Police officers of the village are hereby authorized to attach a device that is capable of immobilizing a motor vehicle so that it cannot be moved under its own power without damage to such motor vehicle if three or more citations alleging the unlawful parking of such motor vehicle have been outstanding for a period of more than 60 days. A citation shall be deemed outstanding if it has not been disposed of by payment of a fine or by a final court order or adjudication.

(b)

Procedure; notice. The immobilizing device shall be attached to the motor vehicle at the place where such motor vehicle is found, except that no motor vehicle shall be immobilized within the travel portion of any street or on any portion of any street when immobilization at such place would create a hazard to the public or traffic on the street. At the same time as the immobilizing device is attached to the motor vehicle, a notice shall be affixed to the windshield or other prominent place on the motor vehicle, stating that the immobilizing device has been so attached, cautioning the operator of the motor vehicle not to attempt to operate the motor vehicle while the immobilizing device is still attached and informing the owner or operator of the motor vehicle of the number, age and total of fines and charges assessed under the citations for which the motor vehicle is immobilized (including the removal charge for removal of the immobilizing device) and the location to which he must go in order to pay the fines and charges, or deposit a cash bond with the village in lieu thereof, should the party desire a hearing, and have the immobilizing device removed from the motor vehicle.

(c)

Removal. The immobilizing device shall be removed from the motor vehicle upon payment to the village of the total fines and charges assessed in this section for which the motor vehicle is immobilized, or upon deposit with the village clerk of a cash bond to guarantee a court appearance in response to the citations in an amount equal to the fines, including the immobilizing device removal. The chief of police or his designated police officer may approve the removal of the immobilizing device upon payment of the fines and charges assessed in this section or upon posting of a cash bond.

(d)

Bond forfeiture for failure to appear in court. If a bond is posted with the village as provided in this section and the operator does not appear in court in response to the outstanding citations for unlawful parking, the bond shall be forfeited to the village as full satisfaction of the outstanding citations. The prosecution of the citations shall terminate upon failure of the bond.

(e)

Towing and impoundment. The police department may tow, or cause to be towed, and impound any motor vehicle immobilized under this section if payment for fines and charges, or cash bond in lieu thereof, have not been paid or posted within 24 hours of the attaching of the immobilization device. Towing shall be in accordance with the provisions set forth in this article. The notice affixed to the vehicle as noted in subsection (b) of this section shall clearly state that there is a 24-hour deadline for payment or removal.