§ 1-10. General penalty for violation of Code; continuing violations.

(a)

Penalty. A violation of this code shall be trial able as civil cases whenever, in this code or in any ordinance of the city, any act is prohibited or is made or declared to be unlawful or an offense or whenever in this code or other ordinance the doing of any act is required or the failure to do any act is declared to be unlawful or an offence where no specific penalty is provided; therefore, the violation of any such provision of this code, or any other ordinance, shall be punished by a fine of not less than $75.00 nor more than $200.00, each day the willful violation of any provisions of this code or of any other ordinance, shall constitute a separate offence.

(b)

Redemption of vehicle. Before the owner or person entitle to possession of any vehicle impounded for any traffic violation, misdemeanor, criminal offense or warrant arrest, which required a custodial arrest, as defined by the state, a minimum fee of $75.00 per vehicle shall be payable to the city. A minimum fee of $200.00, per vehicle, shall be paid in connection with the custodial arrest of any driver of a vehicle for the offense of driving under the influence of alcohol or drugs or any felony level offense, as defined by the state, or the United States of America. Said fee shall be paid at the city police department prior to the release of the vehicle.

Such fees shall be deposited with the city and identified for police department use.

The above fees are to be paid by the registered owner or person seeking the vehicles release regardless of whether the owner of said vehicle or any other authorized person was driving the vehicle at the time of the arrest and impoundment by the city police department.

For all other vehicles towed by the city police department, for any reason other than the above listed offenses, a tow release will be issued by the city police department, free of charge.

It shall be the duty of the towing or salvage company, in possession of the vehicle, to obtain documentation issued by the city police department confirming compliance with the foregoing requirement and to retain photo copies of the documentation in their files for a period of not less than six months following release of the vehicle. The foregoing information shall be made available to the authorities of the city for inspection and copying, upon their request, by the towing or storage company. The towing or storage company is prohibited from releasing any vehicle they may tow within the city until and unless they have obtained the documentation as aforesaid. The towing or salvage company shall be entitled to receive a fee from the owner or person entitled to possession of any such vehicle prior to the release of the vehicle. The fee shall be to cover costs of removing said vehicle and in addition thereto, the costs of storage of said vehicle for each day (or fraction thereof) that said vehicle shall have remained stored. The foregoing fees shall be an addition to any fees levied or assessed against the owner or operator of the vehicle by reason of violation of any ordinance or statute and any arrest, which may have resulted from such violation.

(Ord. No. 373, § 1, 5-15-78; Ord. No. 636, 10-23-95; Ord. No. 925, 9-22-08)

State law reference

Similar provisions, Ill. Rev. Stat. ch. 24, § 1-2-1.