Chapter 22 - Business Regulations
Division 10 - Motor Vehicle Towing Services

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SEC. 22.10-1 DEFINITIONS.

Person means any natural person, partnership, corporation, association, organization, trust or other entity.

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.

SEC. 22.10-2 LICENSE REQUIRED

It is unlawful for any person to engage 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 without a valid relocator's license issued by the City Clerk.

SEC. 22.10-3 LICENSE APPLICATION AND ISSUANCE

1. Any person seeking a relocator's license shall provide the following to the City clerk:
    
   1. The name, address and telephone number of the entity.
       
   2. The names, addresses and telephone number of all officers and managers of the relocator.
       
   3. The addresses of the principal place of business and all storage lots.
       
   4. The names and dates of birth of all employees engaged in removing
      vehicles from public or private property.
       
   5. Proof of insurance which shall insure the relocator for its liability as follows:
       
      1. for injury to person, in an amount not less than $100,000 to any one person and $300,000 for any one accident;
          
      2. in case of damage to property other than a vehicle being removed, in an amount not less than $50,000 for any one accident; and
          
      3. in case of damage to any vehicle relocated or stored by the relocator, in an amount not less than $15,000 per vehicle.
         
         

      Any such policy shall be issued by an insurance firm qualified to do business in the State of Illinois. All certificates of insurance filed with the Town Clerk must show coverage effective continuously until cancelled, and the Town may require such evidence of continued validity as it deems necessary.
       

2. A one hundred dollar ($100.00) license fee shall be required annually.
    
3. The Town Clerk shall issue a relocator's license to any person who is not
   disqualified and who provides the information and pays the fee required by this
   Section.

SEC.22.10-4. RESTRICTION ON LICENSE HOLDERS

1. No person, including any officer of any corporation, who has been convicted of a felony, driving under the influence of alcohol or drugs, theft, or other crime of moral turpitude shall be permitted to obtain a relocator's license. This restriction shall be waived by the City Council if the City Council finds that the applicant has been duly rehabilitated such that issuing a relocator's license does not pose a significant threat to the public.
    
2. No license shall be issued to any person whose relocator's license has been revoked within the previous two years.
    
3. No relocator shall employ any person who has been convicted of a felony, driving under the influence of alcohol or drugs, theft, or other crime of moral turpitude. The City Manager has authority to waive this restriction if the City Manager finds that the employee has been duly rehabilitated such that his employment as a relocator does not pose a significant threat to the public.

SEC. 22.10-5 CONTINUING OBLIGATION

1. A relocator must, within 15 days, notify the office of the Town Clerk of any changes in the names, addresses, and telephone numbers of the officers, managers, and employees of the relocator.
    
2. A relocator must, within forty-eight (48) hours, notify the office of the Town Clerk of any change in locations and telephone numbers of the principal place of business, places where the company transacts business, and storage lots used.
    
3. A relocator must, within 5 days, report the conviction by the relocator or his employee of felony, driving under the influence of alcohol or drugs, theft, or other crime of moral turpitude.

SEC. 22.10-6 AUTHORIZATION REQUIRED

1. No motor vehicle may be towed by a relocator from any public street or way, public alley or other public property except pursuant to explicit authorization from a peace officer, law enforcement officer, owner of said vehicle or duly authorized driver of said vehicle. Any payment of any kind for authorization to tow given by a relocator to any peace officer or law enforcement official is prohibited.
    
2. No motor vehicle may be towed by a relocator if it is parked in the space in which it is authorized to park.
    
3. Before a relocator may remove an unauthorized vehicle from private property, the relocator must first obtain a written request from the owner, the owner's authorized agent or the lessee of the private property to remove the specific vehicle in question, unless the relocator has been given written authorization to remove all unauthorized vehicles from said private property. Any payment of any kind by a relocator to a property owner, lessee or property manager for permission to tow any vehicle is prohibited.
    
4. When any owner, authorized agent or lessee of private property gives written authorization to a relocator to remove all unauthorized vehicles from a private parking area, signs shall be posted pursuant to SEC. 22.10-7 and the written authorization shall be filed with the Town Clerk prior to the relocator towing any vehicles. Any payment of any kind by a relocator to a property owner, lessee or property manager for permission to tow any vehicle is prohibited.
    
5. When a property owner utilizes a sticker system to indicate who is allowed to park in an area, those stickers must be of a quality such that they readily adhere to window glass, and do not readily fall off. A hang-tag system is permitted in lieu of a sticker system.
    
6. Except upon the termination of a tenancy, no property owner may terminate parking permission without first informing the permit holder in person or in writing of the termination.

SEC. 22.10-7 SIGNS

1. Signs required. Before a relocator removes any trespassing or unauthorized vehicles from a private parking area containing more than three spaces, signs shall be posted no less than twenty-four (24) hours prior to the time when any tow is made.
    
2. Required sign(s) should be prominently visible from all entrances to the parking area and in clear view free from interference from any natural or man-made objects and shall be visible at night. The portions of these signs informing that unauthorized vehicles will be towed shall be in letters not less than two (2) inches in height, and in a color vividly contrasting to the background color of the sign. In cases where said sign(s) are absent or are not clearly visible, for whatever reason, at the time the vehicle is parked without authorization, towing shall not be permitted. The signs shall contain the following information:
    
   1. A specific statement indicating who is allowed to park in the area. Said statements may use classes of persons as well as individuals, but the statement must provide persons with adequate information to reasonably apprise persons as to who is allowed to park in the area. The statement "Authorized parking only- Unauthorized vehicles towed" is not sufficient to apprise persons as to who is allowed to park on private property. "Customer parking only. All others towed" and "Permit Lot- Vehicles Displaying Valid Permits Only- All Others Towed" are examples of signs which apprise persons as to who may park in a given area.
       
   2. A warning that unauthorized vehicles will be towed.
       
   3. The exact fee, if any, charged by the relocator to recover the vehicle.

SEC. 22.10-8 Towing When No Signs are Required

1. Marked parking location. When a vehicle is parked in an otherwise authorized parking spot on private property and no signs are posted, the relocator may not remove the vehicle until after either 1) the vehicle owner has been notified in writing or in person that the vehicle may be towed, or 2) 24 hours have elapsed since a sticker has been placed on the driver's side window or windshield indicating that the vehicle may be towed.
    
2. Parking in unauthorized areas. When a vehicle is parked on private property in a clearly marked no parking area, on a non-hard-surface, across a sidewalk, blocking a driveway or dumpster or other location where parking is not ordinarily permitted, a relocator may remove the vehicle.
    
3. On residential property containing 3 or fewer parking spaces, a relocator may remove a vehicle without signs being posted, notification to the vehicle owner, or stickers being placed on the vehicle.

SEC.22.10-9 SHOW-UP FEE

No vehicle may be towed by any person from private property if the owner or other person entitled to possession of the vehicle is present, or arrives at the scene prior to the vehicle’s removal from such private property, exhibits the ignition key of said vehicle, and offers to remove such vehicle voluntarily prior to the time such person attempting to tow actually removes such vehicle from the private property in question, provided that such other person so removes such vehicle immediately. However, the owner must pay a show-up fee not to exceed $25. If the owner refuses to pay the show-up fee, the relocator may proceed to tow the vehicle.

SEC. 22.10-10 NOTIFICATION TO LAW ENFORCEMENT AGENCIES

Whenever an unauthorized vehicle is towed from private property, the relocator shall notify the Normal Police Department not later than 1 hour after the vehicle is removed. Such notification may be by telephone or fax and shall include the name of the relocator; a complete and accurate description of the vehicle, including license plate number; the location from which and to which the vehicle was towed; the time the vehicle was towed and the reason the vehicle was towed.

SEC. 22.10-11 RELEASE OF MOTOR VEHICLES FROM CUSTODY OF RELOCATORS

1. Prior to release of towed motor vehicles, the relocator shall permit the owner of the vehicle towed, or his authorized agent to inspect the interior and exterior of said vehicle and its contents.
    
2. The owner or authorized agent of the owner of the towed vehicle shall be identified by a valid driver’s license and an ignition key which operates the vehicle towed; or in the instance of rented vehicles, identification may be accomplished by presentation of a rental contract and the driver’s license of the renting party named in the rental contract.
    
3. Should the relocator claim fees and charges for towing, it shall base fees and charges on rates as stated in this section.
    
4. The relocator shall accept any of the following methods of payment for such fees and charges:
    
   1. United States currency,
       
   2. Regularly recognized traveler’s checks,
       
   3. Money Order,
       
   4. Cashiers' or Certified Check.
       
   5. Major credit and debit cards. To the extent that the Town of Normal is authorized to enact regulations on the use of credit and debit cards, a relocator holding a properly signed credit or debit card receipt shall become a holder in due course, and neither the holder of the credit or debit card nor the company which issued the credit or debit card may thereafter refuse to remit payment in the amount shown on the credit or debit card receipt minus the ordinary charge assessed by the credit or debit card company for processing the charge. No relocator may charge any extra fee for payment by credit or debit card.
       
5. The relocator shall immediately release a towed motor vehicle to the owner upon tender of the lawfully authorized fee. Failure of the relocator to release a vehicle within 30 minutes of the fee being tendered shall result in a loss of the fee.
    
6. The relocator shall provide a reason for the vehicle being removed.
    
7. Hours for Release of Vehicles. A relocator must be open for release of vehicles from Monday through Saturday, 8:00 a.m. to 6:00 p.m., except for the following holidays: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving and Christmas. A relocator must release vehicles upon demand at all other times upon payment of an additional late release fee of $20, except no late release fee may be charged for the release of vehicles within two hours of a vehicle being relocated.
    
8. No relocator shall charge more than eighty-five dollars ($85.00) for any motor vehicle with a gross vehicle weight of eight thousand (8,000) pounds or less towed pursuant to this ordinance, except in the case when a dolly is required to tow the vehicle, in which case a fee of $110 may be charged.
    
9. No relocator shall charge more than twelve dollars ($12.00) per day for storage of motor vehicles with a gross vehicle weight of eight thousand (8,000) pounds or less towed under this ordinance. Storage fees may not be charged for vehicles stored less than twenty-four (24) hours or for the immediate preceding Sunday when the vehicle is reclaimed on a Monday.
    
10. A clearly visible sign indicating the right to a post tow hearing shall be posted at the point of release of all towed vehicles.
     
11. No relocator shall accept any fees or charges for the release of a motor vehicle unless such relocator has, prior to the acceptance of such fee or charge, provided the owner or operator with the following notice:
    
    POST TOW HEARING
    
    ANY VEHICLE OWNER OR OPERATOR WHOSE VEHICLE IS TOWED PURSUANT TO THE TOWN OF NORMAL MOTOR VEHICLE TOWING SERVICES ORDINANCE, MAY WITHIN THIRTY (30) DAYS OF THE TOWING APPLY FOR A POST TOW HEARING AT THE TOWN OF NORMAL LEGAL DEPARTMENT.
     
12. Processing Fee. A relocator may charge a processing fee of no more than $10.00 for costs involved in obtaining the identity of the owner and providing notice to the owner of a vehicle which has not been reclaimed within five days.
     
13. A relocator shall provide an owner with documents showing the time a fee was tendered and the time the vehicle was released to the owner.

SEC. 22.10-12 POST TOW HEARING

1. Any vehicle owner or operator whose motor vehicle is towed pursuant to this ordinance may, within thirty (30) days of the towing, seek a post tow hearing by making application with the Town Clerk.
    
2. Within five (5) business days of the application for the post tow hearing, the City Manager or his designee shall set a date and time for an administrative hearing at which time the vehicle owner or operator must present facts indicating by a preponderance of the evidence that:
    
   1. Any required signs were not posted or were not readable at the time the owner left the vehicle; or
       
   2. The vehicle was mistakenly towed, i.e. the owner or operator had the permission of the property owner to park; or
       
   3. Other circumstances indicating that the owner or operator was without fault in parking the vehicle in the location from which it was towed; or
       
   4. The vehicle was not abandoned or improperly parked accordingly to local or state law; or
       
   5. The relocator had no lawful authority to remove the vehicle; or
       
   6. An improper fee was charged;
       
   7. A vehicle was not released within 30 minutes of the tender of the fee.
       
3. Notice of said hearing shall be given to the property owner and relocator as well as to the vehicle owner or operator.
    
4. The relocator must provide, prior to, or at the post tow hearing the following records:
    
   1. Description of vehicle towed;
       
   2. Date and time vehicle towed;
       
   3. Location vehicle towed from;
       
   4. Reason vehicle towed;
       
5. The owner or operator of the vehicle and the relocator may appear at the post-tow hearing via telephone.
    
6. If the City Manager or his designee determines that the vehicle owner or operator has met the burden of proof, then he shall order the relocator to pay the amount of towing and storage fees to the vehicle owner. An order may state a partial refund if the City Manager finds that a relocator exceeded charges authorized in this Article of this Code.
    
7. If the City Manager or his designee determine that the vehicle owner or operator has not met the burden of proof then he shall order the fee retained by the towing company.
    
8. The City Manager or his designee in presiding over a post tow hearing matter shall determine all procedural matters, hear all motions, and rule on the admissibility of evidence. Witnesses may be sworn, but strict rules of evidence shall not apply. No formal pleading is required.
    
9. All decisions made by the City Manager or his designee at a post tow hearing shall be final.
    
10. The Relocator may be ordered to pay an award no greater than the towing and storage fee collected by the Relocator. The Relocator must pay any award within 7 days of the City Manager or his designee's ruling.

SEC. 22.10-13 LICENSE - REVOCATION OR SUSPENSION

1. The City Manager shall be authorized to revoke or suspend for up to 30 days, a relocator license in conformity with the provision of this section.
    
2. No relocator license shall be revoked or suspended until after an administrative hearing before the City Manager. The relocator shall be given no less than 5 days written notice of the hearing. Such notice shall contain the time and place of the hearing and a list of the alleged violations which will be considered at the hearing. The City Manager shall conduct the hearing, dispose of procedural requests, motions and similar matters, continue the hearings from time to time when necessary and rule on the admissibility of evidence. Witnesses shall be sworn, but the strict rules of evidence shall not apply. The licensee shall, at all times, be afforded due process, including, but not limited to the right to counsel, the right to confront, and cross-examine witnesses and the right to present evidence on his own behalf.
    
3. No relocator license shall be revoked or suspended unless following the hearing, the City Manager finds by a preponderance of the evidence that the licensee:
    
   1. obtained the license by fraud, or
       
   2. has committed a substantial violation or repeated violations of this ordinance, or
       
   3. has failed to comply with the insurance requirements of this Article.
       
4. A written copy of the City Manager's decision will be served on the relocator within 5 days of the hearing. Service of the notice of the hearing and decision may be by certified mail. A relocator may appeal the City Manager's decision by filing a written request for City Council review within 30 days of the City Manager's decision.
    
5. Within thirty (30) days of receipt of a written request for review of the City Manager's decision, the City Council will conduct a review. If the City Council determines that the City Manager's decision was beyond the scope of his authority or contrary to the manifest weight of the evidence, the decision of the City Manager will be reversed. The relocator whose license has been ordered revoked or suspended shall be given not less than five (5) days written notice of the time, date and place of the City Council review. Any license suspension or revocation shall be stayed upon the filing of a request for City Council review until the City Council's determination.

SEC. 22.10-14 VEHICLE REQUIREMENTS

1. The relocator shall identify his vehicles, by painting on the vehicle or otherwise firmly affixing in a color or colors vividly contrasting to the color of the unit, his name, address and telephone number, using letters and figures not less than two (2) inches in height, or in the alternative, the vehicle has been painted or otherwise had firmly affixed to it a seal or trademark which clearly identifies the relocator.
    
2. All vehicles utilized by a relocator in removing vehicles shall be in good operating condition with flashing lights as permitted by state statute.

SEC. 22.10-15 SEVERABILITY.

It is the intention of the Town Council of the Town of Normal, Illinois, that the several provisions of this Division 10 on commercial relocation of vehicles are separable. If any court of competent jurisdiction shall adjudge any provisions of this Division to be invalid, such judgment shall not affect any other provisions of this Division not specifically included in such judgment order.

SEC. 22.10-16 PENALTY.

Any person convicted of violating Division 10 of Chapter 22 of the Normal Municipal Code shall be fined not less than twenty-five dollars ($25.00) and not more than five hundred dollars ($500.00).

(ENTIRE DIVISION 22 AMENDED 7/18/05 BY ORD. NO. 5021)