Towing Without Telling: (IL)

[TowNews]

City Accused Of Towing Vehicles Without Proper Warning

 

 

The CBS 2 Investigators were the first to expose how the city towed and destroyed a woman's van with her wheelchair lift inside. As CBS 2 Investigator Dave Savini reports, it is all headed to federal court in a class action lawsuit that could cost the city millions.

[GRUMPS The Towman]

I am curious as to what they would consider "proper warning". Proper warning here would be a parking citation and a chalk mark, 24 hours later, the vehicle is towed if it hasnt moved. But how long are they holding the vehicle prior to disposal? This story makes it seem as if it goes from the street to the shredder almost immediately. Is there no certified letter mailed to the last registered owner? No waiting period before disposal? No vehicle auctions? 

Theres a lot of holes in this story..

[rreschran]

Yeah ... this isn't anything new and I think it goes back to people and their right to entitlements. I got sued  years ago for a similar situation. The van I towed was marked for the 72-hour, must move criteria. The PD lawfully impounded the van and it went to my facility where it remained  until the lien sale date surpassed. The van belonged to an elderly couple with one parent being ADA. They in-turn gave it to one of their sons. The son moved out of his parents house, one parent passed away, and the other went to a care facility. When all of this transpired, no-one notified DMV of a change of address. Meanwhile the van was sold. When the son heard the van was sold, he took his story to the news who wrote an article just like this one. It's always the city's fault and that of the tow company right? The son said he had the right to get the vehicle back because he had the pink slip and it was still registered as ADA . He lost the case. Note: Grumps, as a beat-cop and when I had marked an abandoned of game-playing vehicle (as the result of a complaint), I wouldn't used chalk ... I'd set a small rock on top of the vehicle's tire, positioned at 12 o' clock as a means to mark its presence.           R.

Edited November 20, 2020 by rreschran

[GRUMPS The Towman]

The rock trick is a good idea. I do know a few of the Cso's ( community service officer, Fancy city of Ithaca word for parking enforcement/meter maid ) have resorted to marking the inside edges of the tires or the tread because a lot of the college punks would scrub the marks off the tires and the pavement. I am gonna pass along your rock trick to them. 

[rreschran]

Hi Mr. Grumps ... this is going to blow you away, but, in April 2019, in MIchigan, the 6th US Circut COurt of Appeals, determined that marking tires was "unconstitutional". I've attached a synopsis of that law, yet I don't know if it's been challenged or not.  Happy reading.

 

https://www.nbcnews.com/news/us-news/chalking-tires-enforce-parking-rules-unconstitutional-court-finds-n997326

[GRUMPS The Towman]

Thank you sir. I will give it a read.

[rreschran]

Besides the 72-hour law, many cities throughout California have added to their municipal codes; for impound and abandoned vehicles, the verbiage that requires, "an abandoned vehicle must be moved more than a 1/10th of a mile", once marked by the PD.

 

A person who simply wipes marks-off can no-longer interrupt the process. Once documented by Code Enforcement, the clock starts ticking. 

 

Example:  Riverside COunty (Where I live) https://riversideca.gov/parking/faq/72-hour-limits

 

Example:  City of San  Diego In the City of San Diego, "It is illegal to leave an operable or inoperable vehicle parked for more than 72 consecutive hours without being driven at least 1/10th of a mile on a public street. It is also illegal to park any abandoned, wrecked, dismantled or inoperable vehicle on private property in public view.    https://www.sandiego.gov/police/services/units/traffic/abandonedvehicle

 

Example:  City of Santa Cruz, County Ordinance, 4756 § 1, 2004, it reads, "Any operable vehicle on a highway or public right-of-way which has not been moved more than 1,000 feet for a continuous 72-hour period and appears to be a deserted vehicle is declared an abandoned vehicle, subject to removal under this chapter."    https://www.codepublishing.com/CA/SantaCruzCounty/html/SantaCruzCounty09/SantaCruzCounty0957.html#9.57.080           R.

[rreschran]

Deleted by author ... wrong post 

Edited November 21, 2020 by rreschran