§ 9-92-080

Release procedure for impounded vehicles

a.

Unless a vehicle is held pursuant to applicable state, federal or any other law, or a court order or warrant that authorizes the continued impoundment of the vehicle, the owner or other person entitled to possession of a vehicle impounded pursuant to Section

9-92-030" destination-id="JD_9-92-030">9-92-030 may obtain immediate release of the vehicle by paying the full amount of the applicable towing and storage fees, as provided in subsection (b), plus all amounts due for outstanding final determinations of parking and/or compliance violations (if the vehicle is also subject to immobilization for unpaid final determinations of parking and/or compliance violations).  Regardless of whether the owner or other person entitled to possession obtains immediate release of the vehicle through making full payment, such person may request a hearing before the department of administrative hearings to be held in accordance with Section 2-14-135" destination-id="JD_2-14-135">2-14-135 of this Code.

b.

The owner or other person entitled to possession of a vehicle lawfully impounded pursuant to Section

9-92-030" destination-id="JD_9-92-030">9-92-030 or Section 9-100-120" destination-id="JD_9-100-120">9-100-120 shall pay a fee of $150.00, or $250.00 if the vehicle has a gross weight of 8,000 pounds or more, to cover the cost of the towing and a fee of $20.00 per day for the first five days and $35.00 per day thereafter, or $60.00 per day for the first five days and $100.00 per day thereafter if the vehicle has a gross weight of 8,000 pounds or more, to cover the cost of storage, provided that no fees shall be assessed for any tow or storage with respect to a tow which has been determined to be erroneous.

c.

In addition to paying the applicable towing and storage fees provided in subsection (b) of this section, the owner or other person entitled to possession of a lawfully impounded vehicle shall also pay all fines and penalties remaining due on each final determination of parking violation liability issued to such person prior to the release of the impounded vehicle, plus all amounts due for outstanding final determinations of parking and/or compliance violations (if the vehicle is also subject to immobilization for unpaid final determinations of parking and/or compliance violations).

d.

A lienholder asserting its right to possession of an impounded vehicle pursuant to its conditional sales agreement may obtain immediate release of such vehicle by paying the applicable towing and storage fees provided in subsection (b) of this section and submitting a photocopy of the conditional sales agreement and title certificate, an affidavit stating that the purchaser is in default of the agreement and an indemnification certificate executed by an authorized agent of the lienholder. The requirements of subsection (c) of this section shall not apply to a lienholder asserting its right to possession of an impounded vehicle as provided herein.

e.

The requirements of subsection (c) of this section shall apply to a lessor referred to in Section

2-14-132" destination-id="JD_2-14-132">2-14-132 (9) of this Code only to the extent of such outstanding final determinations of parking and/or compliance violations for which the lessor is legally liable with respect to such impounded vehicle.

f.

Notwithstanding any other provision of this section, no impounded vehicle shall be released and operated on the public ways of the city without a current state registration plate registered to the impounded vehicle and unless the vehicle is covered by a liability insurance policy.  In addition, if an impounded vehicle is required to be licensed under

Chapter 3-56 of this Code, no such vehicle shall be released without a valid City of Chicago wheel tax license emblem.  The owner of an impounded rental or commercial motor vehicle may meet the wheel tax license emblem requirement of this subsection by presenting proof of ownership of the impounded rental or commercial motor vehicle and a receipt issued by the office of the city clerk showing that the owner has purchased wheel tax license emblems for the owner’s rental or commercial motor vehicles in accordance with Chapter 3-56 of this Code.

(Added Coun. J. 7-12-90, p. 18634; Amend Coun. J. 11-17-93, p. 42192; Amend Coun. J. 11-10-94, p. 59125; Amend Coun. J. 12-12-01, p. 75777, § 5.8; Amend Coun. J. 7-31-02, p. 90675, § 4; Amend Coun. J. 10-6-05, p. 56698, § 2; Amend Coun. J. 11-18-09, p. 76558, § 2; Amend Coun. J. 11-17-10, p. 106597, Art. III, § 1; Amend Coun. J. 7-28-11, p. 5048, § 2; Amend Coun. J. 11-26-13, p. 67528, § 3)

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