§ 74-38. Tow-away zones; removal of motor vehicles; designation of no-parking zones; notice.

(a)

Tow away zones; removal of motor vehicles. A member of the village police department is hereby authorized to remove, or cause the removal of and impoundment of, vehicles to a storage area designated or maintained by the village (or its towing contractor) or by the village's police department, or to move such vehicles or cause such vehicles to be moved, or to require the owner or operator of the vehicle to move such vehicles to a position which would not be an obstruction or in violation of any ordinance under the circumstances hereinafter enumerated:

(1)

When any vehicle is left unattended upon any street, bridge, roadway, or where such vehicle constitutes an obstruction to traffic.

(2)

When a vehicle upon a street is so disabled that it obstructs traffic, or the operator of the vehicle is by reason of physical injury incapacitated to such an extent that the operator is unable to remove the vehicle.

(3)

When any vehicle, parked in the public right-of-way or on publicly owned property, is in violation of prior notices to remove the vehicle due to work/special events using the right-of-way or publicly owned property.

(4)

When any vehicle, parked on publicly owned property, is left unattended continuously for more than 24 hours, after being cited.

(5)

When the driver of such vehicle is taken into custody by a law enforcement agency and such vehicle would thereby be left unattended upon a street, bridge, roadway or where such motor vehicle would constitute an obstruction to traffic.

(6)

When removal is necessary in the interest of public safety because of fire, flood, storm, or other emergency reason.

(7)

When a vehicle is parked in violation of a parking control device or sign which informs the vehicle operator that the area in which the vehicle is parked is an official tow away zone.

(8)

When any vehicle is parked or stopped or engaged in loading or unloading merchandise or passengers in an area designated as a "no loading" or "no parking" zone.

(b)

Designation of "no parking"/"tow-away" zones. The village manager or chief of police, may designate from time to time certain areas (i.e., roads, streets, rights-of-way, publicly owned property), or portions thereof, as "no parking" zones for such hours, days or periods of time as determined by the village manager or police chief, and designate such areas as a "tow-away" zone for vehicles parked in violation thereof. The village manager or police chief, shall provide for the posting of signs and/or parking control devices in the designated areas identifying such areas as "no parking" for the time periods in which no parking provisions are enforced, and further identifying such area as a designated "tow-away" zone.

The existence of such signs, signals, markers, or traffic control devices at any place within the corporate limits of the village shall be prima facie evidence that such signs, signals, markers, or traffic control devices were erected or placed in accordance with the provisions of this article.

(c)

Notice on illegally parked vehicles. Whenever any vehicle, without driver, is found to be parked, stopped or standing in violation of any of the provisions of this Code, a village police officer shall conspicuously affix to such a vehicle a written citation on an appropriate form. This section shall not be construed to prohibit or restrict the issuance of a citation in any other appropriate circumstance.

(Ord. No. 2018-14 , § 2, 8-9-2018)