Chicago Police DepartmentSpecial Order S07-03-06
Impoundment of Vehicles for Municipal Code Violations
Issue Date:07 April 1999Effective Date:08 April 1999
Rescinds:S99-03
Index Category:Processing Property
I.Purpose
This directive:
  • A.informs Department members that enforcement of public passenger vehicle violations, previously restricted to select geographical sites in the City, is now expanded to include the entire City.
  • B.outlines the procedures for impounding vehicles in violation of certain Municipal Code of Chicago (MCC) ordinances.
  • C.outlines procedures for the administrative adjudication of citations through the Department of Administrative Hearings (DAH).
II.General Information
  • A.Towing for impounded vehicles is provided by the Department of Streets and Sanitation and its agent EAR Towing.
  • B.Vehicle title holders may seek the release of impounded vehicles at:
    • 1.the Department of Administrative Hearings for vehicles impounded for MCC public passenger vehicle violations.
    • 2.the Department of Revenue for vehicles impounded for other MCC violations.
  • C.Whenever a Department member has probable cause to believe that a vehicle is subject to impoundment pursuant to a violation of the Municipal Code of Chicago, the member will:
    • 1.obtain a Seizure Notice sticker.
    • 2.affix the Seizure Notice sticker to the drivers side front window of the impounded vehicle. If the Seizure Notice sticker cannot be affixed to the drivers side front window, Department members will affix the Seizure Notice sticker on a clearly visible location of the impounded vehicle.
    • 3.have the vehicle towed to a holding facility controlled by the City of Chicago or its agents.
    • 4.indicate on all reports associated with the impoundment that a Seizure Notice sticker was affixed to the vehicle.
      NOTE:
      The Municipal Code of Chicago does not allow for any enforcement action on vehicles displaying the Seizure Notice sticker. Department members will not take enforcement action on a vehicle or a driver based solely on the display of a Seizure Notice sticker.
  • D.Administrative hearings for all vehicle impoundments are conducted by the Department of Administrative Hearings.
  • E.Members will not appear at a vehicle impoundment hearing unless notified to appear. Members appearing at a hearing will follow the sign in and sign out procedures established in the Department directive entitled "Municipal Administrative Hearings."
  • F.Supervisors notified by a member of their inability to appear at a scheduled vehicle impoundment hearing requiring their appearance, will notify personnel of the Department of Consumer Services for public passenger vehicle cases, and the Assistant Corporation Counsel for other MCC impoundment violations.
III.Public Passenger Vehicles Operating in the City of Chicago Licensed by the Department of Consumer Services
The Department of Consumer Services is responsible for the licensing and regulating of Public Passenger Vehicles and their drivers in the City of Chicago. These vehicles include taxi cabs, livery vehicles (limousines) and passenger transportation vehicles (charters) which operate throughout the City. These City licensed vehicles are identifiable by either a medallion affixed to the hood and a laminated hard card or both with the current year on it. These City licensed vehicles are not normally subject to impoundment under public vehicle license violations but may be impounded for any of the other MCC impoundment violations (e.g., firearm violation, prostitution, etc.).
IV.Public Passenger Vehicle Operating in the City of Chicago Unlicensed by the Department of Consumer Services
The City has experienced numerous problems with operators of suburban taxis, liveries (limousines) and passenger transportation vehicles crossing the City boundaries to solicit business. Some public passenger vehicles may be licensed by the State of Illinois or a suburb but are not licensed by the City through the Department of Consumer Services. Public passenger vehicles unlicensed by the City of Chicago may only operate within the corporate limits of the City under the following narrow circumstances:
  • A.Suburban operators are allowed to pick up a fare or passenger within the City limits that was prearranged (e.g., a suburban cab or livery company is telephonically contacted to make a pickup). The passenger must then be dropped off at a location outside of the City.
  • B.Suburban operators may drop off a fare inside the City limits if that fare has been picked up at a location outside of the City of Chicago.
  • C.The suburban operator must not solicit or accept any fares while in the City of Chicago.
V.Unlicensed Public Passenger Vehicles Operating Within the City of Chicago
  • A.Vehicles without public passenger vehicle licensing from the State, City of Chicago or any suburban municipality are not allowed to operate in the City at any time. Such vehicles, known as "Gypsy cabs" will usually attempt to solicit fares outside of the downtown area and many times at or near public transportation centers (i.e., Greyhound bus depots, Chicago Transit Authority terminals, etc.).
  • B."Gypsy cabs" are often former cabs that have been resold and may look like legitimately licensed taxi or livery vehicles. A closer inspection will disclose that they have no license or medallion issued by the Department of Consumer Services.
VI.Public Passenger Vehicle Impoundment Procedures
  • A.Any public passenger vehicle licensed outside of the City, or an unlicensed public passenger vehicle gypsy cab operating for hire within the City of Chicago is subject to impoundment under MCC 9-112-555.
  • B.Whenever a police officer impounds a vehicle for a public passenger vehicle violation, the officer will:
    • 1.when possible, inform the person in control of the vehicle that it will be impounded and of the vehicle owners right to have a vehicle impoundment hearing conducted under the MCC.
    • 2.issue the operator an ANOV citation and cite MCC 9-112-030 (Public passenger vehicle license required) as the violation. The ANOV citation will be scheduled for a hearing in accordance with the procedures established in the Department directive entitled, "Municipal Administrative Hearings."
      NOTE:
      The impoundment hearing is separate from the ANOV citation hearing.
    • 3.complete the appropriate case reports, complaints, and any other citations, if applicable.
      NOTE:
      Drivers licenses cannot be sent to the DAH. A traffic violation that requires the confiscation of a driver's license must be issued on a Personal Service citation and sent to the appropriate court.
    • 4.request an immediate tow via the Office of Emergency Management and Communications (OEMC).
    • 5.complete a Vehicle Tow Report (CPD-11.413) in accordance with the procedures outlined in the Department directive entitled "Vehicle Towing and Relocation Operations."
    • 6.complete the City of Chicago, Department of Consumer Services, "Notice of Vehicle Impoundment" form CS-555 and:
      • a.check the box listed as MCC 9-112-555.
      • b.ensure that the narrative section of the impoundment form is completed with a detailed description of the offense committed. The hearing officer must be able to understand the action that constituted the offense since the issuing officer will not be present during the hearing.
      • c.note his court key, day off group, and furlough on the impoundment form.
      • d.include the original (white) and the (yellow) copy in the vehicle impoundment document file.
      • e.give the (pink) copy to the person in control of the vehicle.
      • f.attach the (gold) copy to the unit copy (pink) of the Vehicle Tow Report.
      • g.upon completion, submit the appropriate citation(s) and any applicable case report(s) along with the (pink) copy of the Vehicle Tow Report to the desk sergeant for approval.
      • h.compile a vehicle impoundment document file containing the original Notice of Vehicle Impoundment and a photocopy of the:
        • (1)ANOV citation(s) or Personal Service citation(s), if applicable.
        • (2)Vehicle Tow Report.
        • (3)violators drivers license, if applicable.
        • (4)case report, Arrest Report (CPD-11.420) and criminal complaints, if applicable.
  • C.Officers having any questions or needing further clarification / assistance when processing a public passenger vehicle can contact the Public Vehicle Enforcement Unit (24 hours) or the Department of Consumer Services during normal business hours.
  • D.The desk sergeant will review the public passenger vehicle impoundment file for completeness and immediately:
    • 1.fax a copy of the City of Chicago, Department of Consumer Services, Notice of Vehicle Impoundment form to the Department of Administrative Hearings.
    • 2.whenever contact by fax is not possible, annotate the reason on the top of the Notice of Vehicle Impoundment form.
    • 3.forward the complete public passenger vehicle impoundment file to the Department of Administrative Hearings, Department of Consumer Services via Department mail.
VII.MCC Impoundment Violations (Other than Public Passenger Vehicles) Procedures
  • A.Impoundment Violations
    • 1.MCC 7-24-225 Unlawful drugs in motor vehicle-Impoundment
    • 2.MCC 7-28-440 Dumping on real estate without permit-Nuisance-Violation-Penalty-Recovery of costs
    • 3.MCC 8-8-060 Street solicitation for prostitution
    • 4.MCC 8-20-015 Unlawful firearm in motor vehicle-Impoundment
    • 5.MCC 9-76-145 Broadcast or recorded sound restrictions
    • 6.MCC 15-20-270 Unlawful fireworks in motor vehicle-Impoundment
    • 7.MCC 7-24-226 Driving while intoxicated Impoundment
    • 8.MCC 9-80-220 False, Stolen, or Altered Temporary Registration Permit
      NOTE:
      Specific procedures for the impoundment of vehicles under MCC 9-80-220 are listed in Item VIII.
    • 9.MCC 8-4-130 Possession of etching materials, paint or marker with the intent to deface unlawful
    • 10.MCC 9-80-240 Driving with a Suspended or Revoked License-Impoundment
  • B.Whenever a police officer impounds a vehicle pursuant to the provisions of the MCC, (other than for public passenger vehicles) the officer will:
    • 1.when possible, inform the person in control of the vehicle that it will be impounded and of the vehicle owners right to have a vehicle impoundment hearing conducted under the MCC.
    • 2.give the yellow copy of the Notice of Vehicle Impoundment form RV100 to the operator of the vehicle. The operator, or if appropriate, the offender (passenger) will be issued an ANOV citation for the following MCC violations:
      • a.7-28-440 Dumping on real estate without permit-Nuisance- Violation-Penalty-Recover of costs.
      • b.8-8-060 Street solicitation for prostitution.
      NOTE:
      The impoundment hearing is separate from the ANOV citation hearing. The ANOV citation cannot be used to cite a drug violation, a firearm violation, or a violator who is less than 17 years of age, in accordance with the Department directive entitled, "Municipal Administrative Hearings."
    • 3.complete the appropriate case report or other applicable citation(s) (i.e., Personal Service citation for Children on streets at night). In addition, if the situation warrants that a physical arrest be made, (e.g., drug or firearm violation) an Arrest Report (CPD-11.420) and complaints will be completed in accordance with the General Order entitled, "Processing Persons Under Department Control."
      NOTE:
      Drivers licenses cannot be sent to the DAH. A traffic violation that requires the confiscation of a drivers license must be issued on a Personal Service citation and sent to the appropriate court.
    • 4.request an immediate tow via the OEMC.
    • 5.complete a Vehicle Tow Report in accordance with the procedures outlined in the Department directive entitled, "Vehicle Towing and Relocation Operations."
    • 6.complete the City of Chicago, Department of Revenue, "Notice of Vehicle Impoundment" form RV100 and:
      • a.include the original (white) in the vehicle impoundment file.
      • b.give the (yellow) copy to the person in control of the vehicle.
      • c.forward the (pink) copy to the Organized Crime Division, Asset Forfeiture Unit.
      • d.attach the (gold) copy to the unit copy (pink) of the Vehicle Tow Report.
    • 7.upon completion, submit the appropriate citation(s) and any applicable case report(s) along with the (pink) copy of the Vehicle Tow Report to the desk sergeant for approval.
    • 8.compile a vehicle impoundment file containing the original City of Chicago, Department of Revenue, Notice of Vehicle Impoundment form and a photocopy of the:
      • a.ANOV citation(s) or Personal Service citation(s), if applicable.
      • b.Vehicle Tow Report.
      • c.violators drivers license, if applicable.
      • d.case report(s), Arrest Report(s), and criminal complaints, if applicable.
      • e.in addition, when impounding a vehicle for a violation of 625 ILCS 5/11-501, include photocopies of the following forms:
        • (1)Alcohol/Drug Influence Report (CPD-22.118);
        • (2)Warning to Motorist (DSD DC-35.17);
        • (3)Law Enforcement Sworn Report (DSD DC-35.17);
        • (4)Breath Test Record;
        • (5)Field Sobriety Booklet notes, if used;
        • (6)Illinois Traffic Crash Report (CPD-22.110), if applicable; and
        • (7)Any other applicable reports.
  • C.The desk sergeant will review the vehicle impoundment document file for completeness and immediately:
    • 1.fax a copy of the Notice of Vehicle Impoundment form to the Department of Administration Hearings.
    • 2.whenever contact by fax is not possible, annotate the reason on the top of the Notice of Vehicle Impoundment form.
    • 3.forward the vehicle impoundment document file to the Department of Revenue via Department mail.
VIII.Vehicle Impoundment Under MCC 9-80-220
  • A.The MCC ordinance 9-80-220 prohibits a vehicle on the public way from displaying a false, stolen, or altered Temporary Registration Permit (TRP). This ordinance does not apply to TRPs that are expired but are otherwise legitimate.
  • B.The prohibition applies whether a vehicle is parked or being driven.
  • C.Whenever an officer has probable cause to believe that a vehicle bears a false, stolen, or altered TRP, the officer will:
    • 1.attempt to verify the owner of record of the vehicle with the Secretary of State through the dispatcher or the PDT.
      NOTE:
      TRP information is accessible via LEADS in the same manner as permanent registration plates, using a license type of "TP" instead of "PC" or "TK."
    • 2.request an R.D. number for a IUCR Offender Code "5002," primary offense of "Other," and secondary offense of "Crime Involving a Motor Vehicle," and complete a General Offense Case Report.
    • 3.if the vehicle is being operated, charge the person in control of the vehicle with a violation of the appropriate state offense relating to certificates of title. If a physical arrest is warranted, an Arrest Report and complaints will be completed.
      NOTE:
      Officers will not use an ANOV to cite the driver of a vehicle for displaying a false, stolen, or altered TRP.
    • 4.request an immediate tow via OEMC.
    • 5.if the TRP is accessible (i.e., vehicle is unlocked, the TRP is mounted outside the vehicle), remove the TRP and inventory it as described in the Department directive entitled "Inventory System for Property Taken Into Custody." The officer will also make a photocopy of the TRP to be put into the vehicle impoundment file.
      NOTE:
      The officer will ensure that the proper copy of the inventory report is attached to the court documents as described in the Department directive entitled "Inventory System for Property Taken Into Custody."
    • 6.if the TRP is not accessible (i.e., vehicle is locked), request the assignment of an evidence technician for an impoundment under MCC 9-80-220.
      NOTE:
      When requesting the evidence technician, officers will include the specific reason for the tow, as noted above.
    • 7.complete a Vehicle Tow Report as detailed in Item VII-B-5.
      • a.The impoundment violation is "Other MCC Violation."
      • b.The officer will explain in the narrative the specific facts and list all underlying details which led to the officers development of probable cause that the vehicle bears a false, stolen, or altered TRP.
      • c.If the TRP is inventoried, the officer will record the property inventory number in the appropriate box.
      • d.If the TRP is not inventoried, the officer will record in the first line of the narrative that an evidence technician was requested.
    • 8.complete a Notice of Vehicle Impoundment (RV100) as follows:
      • a.Complete all information requested by the form. A computer check of the vehicles VIN must be completed and the information recorded in the appropriate spaces on the form.
      • b.Officers preparing the Notice of Vehicle Impoundment form will check the box for impoundment for MCC 9-8-220 or, if using a version of the Vehicle Impoundment form which does not have a check box for MCC 9-8-220, the officer will print in large letters in the space below the last offense the phrase "IMPOUND FOR FALSE/ALTERED TRP - MCC 9-8-220."
      • c.Distribute the copies as indicated in Item VII-B-6.
        NOTE:
        When impounding a parked vehicle under this ordinance, submit the yellow copy of the RV100 along with the white copy.
    • 9.upon completion, submit the Vehicle Tow Report and any other applicable report(s) to the desk sergeant for approval.
    • 10.deposit the tow package in the designated basket at the district desk. The tow package will contain the Vehicle Tow Report, the gold copy of the RV100, and a printout of the computer check on the vehicle.
      NOTE:
      Upon their arrival, tow truck drivers will record the Streets and Sanitation tow number on the Vehicle Tow Report, sign it, and leave the pink copy of the report in the basket for use by district review personnel.
    • 11.compile the vehicle impoundment file containing:
      • a.the original RV100 form;
      • b.a photocopy of the case report, Arrest Report, and criminal complaints, if applicable;
      • c.a photocopy of the Vehicle Tow Report;
      • d.the photocopy of the TRP, if it has been inventoried.
  • D.When an officer has impounded a vehicle for a violation of MCC 9-80-220, the desk sergeant will review the vehicle impoundment file and complete the tasks as indicated in Item VII-C.
  • E.Vehicles impounded for a violation of MCC 9-88-220 will be towed to Auto Pounds #2 or #6, depending on the initial geographic location of the vehicle.
  • F.OEMC personnel will collect all requests for an evidence technician for an impoundment under MCC 9-80-220 and hold all such requests until the beginning of the second watch each day. At that time, OEMC personnel will assign all collected requests at the same auto pound to one evidence technician for processing.
  • G.The assigned evidence technician will respond to the relevant auto pound to process the impounded vehicles. Processing will include the close-up photographing of the false, stolen, or altered TRP. The evidence technician will complete the Crime Scene Processing Report at the auto pound and submit a copy to Streets and Sanitation auto pound personnel for inclusion with the tow package.
Terry G. Hillard
Superintendent of Police
97-097 HEH (FRC)