Chicago Towing Bill of Rights
Below is what is known as the “Chicago Towing Bill of Rights”. This passed the Chicago City Council and is set to become law on or about December 28, 2016.
S U B S T I T U T E O R D I NA N C E
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CHICAGO:
SECTION 1. Section 9-84-010 of the Municipal Code of Chicago is hereby amended by
deleting the language stricken through and by inserting the language underscored, as follows:
9-84-010 Report – Definition – Procedure.
(Omitted text is unaffected by this ordinance)
(c) Before a relocator or operator relocates an Prior to relocating any unauthorized
vehicle, the relocator or operator shall first obtain w^ritten consent from the owner of the private
property or his such owner’s authorized agent to relocate the specific vehicle in question, unless
the fiFffl relocator has an agreement with the owner or agent to relocate all unauthorized vehicles
from that such owner’s private property. Each year, begiiming on the effective date of this
amendatory ordinance of 2016, each relocator shall provide the Chicago police department with
a list of all locations where the relocator has an active contract or other agreement in place with
an owner to remove unauthorized vehicles from such owner’s private property. This list shall
clearly indicate whether the contract or agreement authorizes the relocator or operator to patrol
or remove vehicles from the owner’s private property only upon request by the owner. The
Chicago poHce department shall organize the Hsts required under this subsection by police
disfrict and shall provide a copy of the applicable list to each district commander annually.
(d) When any owner enters into an agreement with a relocator to relocate unauthorized
vehicles from his such owner’s private parking area, the relocator shall post a notice of this
arrangement prominently at all entrances and exits to the parking areas areafs). in clear view, and
free from interference from any natural or manmade objects, and positioned with the bottom of
the sign not less than 4 feet^ and not more than 7 feet^ above ground level. The lettering on these
signs shall be in prominent type at least three inches high and in a color that confrasts with the
background color of the sign. The sign^ must which shall also be legible at nightT^ This sign shall
contain the following information:
(Omitted text is unaffected by this ordinance)
(3) The name, address and telephone number of the relocator, and of the location to
which the ear vehicle will be relocated, if different;
(4) The fee charged by the relocator to recover the unauthorized vehicle and whether
cash, check or credit cards will be accepted in payment^; and
(5) A notice that towing relocators and operators are regulated by the Illinois
Commerce Commission. Such notice shall include the Commission’s telephone number and
/
/
. address at which complaints about a relocator or operator can be filed with the
nission.
(e) Subsection (d) shall not apply to driveways or parking areas serving tliree or
;wer ears vehicles.
SECTION 2. Section 9-84-025 ofthe Municipal Code of Chicago is hereby amended by
inserting the language underscored, as follows:
9-84-025 Pre-tow photographs and on-board cameras – Required.
(a) Prior to relocating any unauthorized vehicle, the relocator or operator shall take at
least one photograph of the unauthorized vehicle which clearly shows: (i) the date and time the
photograph was taken; (ii) the entire vehicle and its location on the date and time the photograph
was taken; and (iii) the vehicle’s license plate. The relocator shall maintain the photographs, in
electronic or print format, for a period of two years from the date on which it was taken. The
relocator shall provide the photographs, without charge, to the owner of the relocated vehicle,
upon request.
(b) The relocator shall install on-board cameras on all vehicles used by the relocator
to relocate unauthorized vehicles. These cameras shall clearly document: (i) views of the
unauthorized vehicle from the front and rear of the relocator’s vehicle: (ii) audio from inside the
relocator’s vehicle: and (iii) the date and time the video and audio are captured. The relocator
shall: (1) maintain the video records, in electronic format for a period of one year from the date
on which it was captured: and (2) upon request by the relocated vehicle’s owner, provide an
electronic copy of the video records, without charge, to such owner; and (3) upon request, make
such video records available for inspection by the department of business affairs and consumer
protection or by any alderman.
SECTION 3. Chapter 9-84 ofthe Municipal Code of Chicago is hereby amended by
inserting a new Section 9-84-036, as follows:
9-84-036 Towing Bill of Rights
(a) Chicago Towing Bill of Rights -Posting – Required. Each relocator shall post a
copy ofthe Chicago Towing Bill of Rights, as set forth in subsection (b) of this section,
conspicuously in the area of their lot or facility where persons retrieve relocated vehicles. Such
posting, which shall be labeled the Chicago Towing Bill of Rights, shall be on a page or poster
not less than 11 inches in width and 17 inches in height. In addition, the relocator shall provide a
paper copy ofthe Chicago Towing Bill of Rights to all persons retrieving a vehicle from the
relocator’s lot or facility.
(b) Cliicago Towing Bill of Rights – Required contents. The Chicago Towing Bill of
Rights shall state the following:
Chicago Towing Bill of Rights
Pursuant to the Illinois Compiled Statutes, Illinois Administrative Code, and Municipal
Code of Chicago, the following requirements apply when any vehicle is towed from private
property:
- No vehicle shall be relocated from any private property without the written consent
of the private property owner or his authorized agent to conduct such removals.
- No vehicle shall be relocated from a lot which does not, at the time of the tow and
for at least 24 hours prior thereto, have signs posted in compliance with applicable
laws and regulations.
- Relocators shall print and make available to the public all authorized rates and
charges for towing or for otherwise moving and storing vehicles in connection with
the removal of unauthorized vehicles from private property.
- Except for vehicles that require a commercial driver’s license to operate, no vehicle
shall be relocated if: (i) the owner of the vehicle or the owner’s agent is present or
arrives on the scene before the vehicle is completely removed from the private
property, and (ii) such owner or agent can produce the ignition key or other ignition
device for the vehicle, and (iii) such owner or agent is able to remove and
immediately does remove the vehicle from the private property. I f the vehicle
requires a commercial driver’s license to operate, no vehicle shall be relocated if the
owner or operator of such vehicle: (a) is present or arrives on the scene before the
vehicle is completely removed from the private property, and (ii) such owner or
operator can produce the ignition key to the vehicle, and (iii) such owner or
operator is able to and does immediately remove the vehicle from the private
property, and (iv) such owner or operator pays a reasonable service fee of not more
than one-half of the posted rate of the towing service.
- Relocators must notify the Chicago Police Department within 30 minutes after
relocating any unauthorized vehicle.
- Relocators must accept any of the following methods of payment for lawfiil fees and
charges: United States currency, commonly recognized fraveler’s checks, money
orders, cashier’s checks, certified checks, and commonly accepted credit cards and
debit cards.
- In the event the owner of any relocated vehicle is not able to immediately pay to
retrieve the vehicle, the relocator must provide the owner with access to the vehicle
to refrieve any ofthe owner’s personal belongings. The relocator is permitted to
accompany the owner to the vehicle while the owner removes his or her belongings.
- Upon request, the relocator must provide the owner of any relocated vehicle with a
photograph of the vehicle taken before it was towed that clearly shows the date and
time the photograph was taken, the vehicle’s location, and the vehicle’s license plate
number. Upon request, the relocator must also provide the vehicle owner with
relevant electronic video records of the relocation.
- When the owner retrieves his or her vehicle, or upon request, the relocator must
provide the owner of the relocated vehicle with a copy of this “Bill of Rights” along
with other relevant statutes, regulations, and ordinances governing relocation
operations.
- Formal complaints about the relocator can be made by contacting the Illinois
Commerce Conmiission at (847)-294-4326 or can be filed online at
WW VV. icc.i 11 i no is. go v.
SECTION 4. Secfion 9-84-040 ofthe Municipal Code of Chicago is hereby amended by
deleting the language sfricken through and by inserting the language underscored, as follows:
9-84-040 Violation – Penalty.
Any person or any officer of any corporation, or any partner of any partnership:
(Omitted text is unaffected by this ordinance)
(c) relocating an unauthorized vehicle in violation of Section 9-84-023;, er 9-84-025.
9-84-036 or any associated rule shall be fined not less than $500.00 nor more than $1,000.00 and
be hable for payment of restitution to the owner or lessee of the relocated vehicle in the amount
ofthe actual costs incurred by such owner or lessee.
(Omitted text is unaffected by this ordinance)
{d} The commissioner of business affairs and consumer protection and the
superintendent of police are hereby authorized to promulgate rules to enforce this Chapter.
SECTION 5. This ordinance shall take frill force and effect 180 days after its passage
and publication.
Ameya Pawar Ariel Reboyras
Alderman, 47″” Ward Alderman, 30″^ Ward
02016-2679
Chicago, March 16, 2016
To the President and Members of the City Council:
Your Committee on License and Consumer Protection, having under
consideration a substitute ordinance introduced by Aldermen Pawar, Reboyras and others
(which was referred on April 13, 2016), to amend Chapter 9-844 of the Municipal Code of
Chicago concerning a Towing Bill of Rights, begs leave to recommend that Your Honorable
Body p a s s the substitute ordinance which is transmitted herewith.
This recommendation was concurred in by a viva voce vote of the members of
the committee on June 21, 2016.
Respectfully submitted,
IMMA MITTS
CHAIRMAN, COMMITTEE ON
LICENSE AND CONSUMER
PROTECTIO