TOWING

Municipal Code of Chicago tit. 4, ch. 4-227

in effect

Municipal Code of Chicago § 4-227-010 Definitions.

4-227-010 Definitions. As used in this chapter: "Commercial vehicle relocator license" means the commercial vehicle relocator license issued by the Illinois Commerce Commission pursuant to the Illinois Commercial Relocation of Trespassing Vehicles Law. "Illinois Commercial Relocation of Trespassing Vehicles Law" means the Illinois Commercial Relocation of Trespassing Vehicles Law, codified at 625 ILCS 5/Ch. 18a, et seq. "Illinois Commercial Safety Towing Law" means the Illinois Commercial Safety Towing Law, codified at 625 ILCS 5/18d-101, et seq. "Safety relocator's registration certificate" means the safety relocator's registration certificate issued by the Illinois Commerce Commission pursuant to the Illinois Commercial Safety Towing Law, codified at 625 ILCS 5/18d-101, et seq. "Storage lot"means any real property, including real property outside the City limits, owned by or in the lawful possession or control of a licensee under this chapter that, in accordance with applicable law, is used for the storage of vehicles towed from a location within the City. "Tow truck" has the meaning ascribed to that term in Section 5/1-205.1 of the Illinois Vehicle Code, codified at 625 ILCS 5/1-01, et seq. "Tower" means the person who owns or operates a tow truck. "Towing" means removing, for hire or for compensation of any type, abandoned, damaged or disabled vehicles from public property within the City by means of a truck designed or altered and equipped for and used to push, tow, carry upon or draw vehicles by means of a crane, hoist, towbar, towline or auxiliary axle, or carried upon to move damaged or disabled vehicles. (Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 1-26-22, p. 43395, § 2)

Municipal Code of Chicago § 4-227-020 License - Required.

4-227-020 License - Required. (a) No person shall engage in the business of towing damaged or disabled vehicles from the public way without first having obtained a towing license under this chapter; provided, however, that nothing in this chapter shall prohibit a licensee from towing vehicles from private property with the express written consent of the vehicle's owner or operator, in accordance with applicable law. The towing license shall be in addition to any other license, registration, certificate, or permit required by law. (b) Exemption. The provisions of this chapter shall not apply to the towing of a damaged or disabled vehicle by the City of Chicago or by any other governmental entity or by any person acting under the direction of and pursuant to a contract with the City of Chicago or such governmental entity. (Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 1-26-22, p. 43395, § 2)

Municipal Code of Chicago § 4-227-030 Application - Additional information required.

4-227-030 Application - Additional information required. (a) In addition to the requirements set forth in Section 4-4-050, an application for, and, if requested, renewal of any license to engage in the business of towing shall be accompanied by the following information: (1) proof that, in conformity with the Illinois Commercial Safety Towing Law, the applicant holds a valid safety relocator's registration certificate; (2) the applicable license fees; (3) a statement as to whether, within five years prior to the date of application or renewal, the applicant or any controlling person has (i) been convicted, in custody, under parole, or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony; (ii) applied for, renewed, or obtained a safety relocator's registration certificate under the Illinois Commercial Safety Towing Law, and under what business name; (iii) applied for, renewed, or obtained a commercial vehicle relocator license under the Illinois Commercial Relocation of Trespassing Vehicles Law, and under what business name; and (iv) had their safety relocator's registration certificate or commercial vehicle relocator license revoked by the Illinois Commerce Commission; (4) a statement as to whether, within five years prior to the date of application or renewal, any employee or agent of the applicant who engages in the towing of vehicles from the public way, has been convicted, in custody, under parole, or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony; (5) proof that the applicant and all controlling persons are at least 18 years of age; (6) proof of insurance coverage meeting the requirements of Section 9-44-050; (7) the make, model, and Vehicle Identification Number (VIN) of each tow truck owned, leased, or operated by the applicant; (8) the address, location, and description of each storage lot that is to be operated under the license; (9) the primary location and description of each tow truck that is to be operated under the license; (10) the name of the owner of each premises to be used as a storage lot, and, if such premises is leased by the applicant, a copy of the lease, and the name, address, and telephone number of the owner of the premises, including the name and address of the beneficiary if title to the premises is held by a person as a trustee; (11) if the applicant does not possess an active Illinois Commercial Vehicle Relocator License and operates a storage lot outside the City limits, such information as determined necessary by the Commissioner to ensure the safety of such storage lot; and (12) any other information that the Commissioner may reasonably require. (b) It is a condition of the license that all information in the application be kept current. Any change in required information shall be reported to the Department within 10 business days after such change has occurred. (Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 1-26-22, p. 43395, § 2)

Municipal Code of Chicago § 4-227-040 License issuance and renewal - Prohibited when.

4-227-040 License issuance and renewal - Prohibited when. (a) No license to engage in the business of towing shall be issued to the following persons: (1) any person who is under the age of 18; (2) any person who, within five years of the date of application or renewal has been convicted, in custody, under parole or under any other non-custodial supervision resulting from a conviction in a court of any jurisdiction for the commission of any felony, unless, upon request of such person, the Commissioner determines that such person has been substantially rehabilitated to warrant the public trust. The burden of proof of substantial rehabilitation shall be on the person seeking such rehabilitation; (3) any person whose license under this chapter has been revoked at any time within the last four years; or (4) any person who knowingly files false or incomplete information or signatures on any license or renewal application filed under this chapter. (b) Eligibility for issuance of a license under this chapter shall be a continuing requirement for maintaining a license under this chapter. Failure to maintain such eligibility may result in license suspension or revocation in accordance with Section 4-4-280. (Added Coun. J. 5-26-21, p. 30457, § 3)

Municipal Code of Chicago § 4-227-050 License - Posting.

4-227-050 License - Posting. The license required under this chapter or a legible copy thereof shall be posted in a conspicuous place within a part of the storage lot to which the public has access. The licensee or its agent shall be required to produce the license upon request from an authorized City official, or from the operator or owner of a vehicle that has been subject to a tow, or their authorized agent. (Added Coun. J. 5-26-21, p. 30457, § 3)

Municipal Code of Chicago § 4-227-060 Registration emblems.

4-227-060 Registration emblems. (a) The Department shall issue to every licensee a registration emblem for every tow truck that the licensee provides or engages for use in the City. Registration emblems shall be issued within ten days of initial licensing under this chapter. (b) Every licensee shall affix or display, in a manner determined by rule, a registration emblem on or in every tow truck that is used in the City. If a tow truck does not affix or display a registration emblem as required by this subsection, then the licensee shall be prohibited from using or permitting the use and operation of the tow truck in the City. (c) The Department shall not issue a registration emblem to a licensee if the licensee has failed to pay any tax, interest, or penalty that has been assessed by the Department, unless one or more of the following conditions is true: (1) the licensee is contesting liability for the tax in a pending administrative or judicial proceeding; (2) the licensee has filed a petition in bankruptcy and the full amount of the tax due to the City is dischargeable in bankruptcy; (3) the licensee has entered into an agreement with the department for the payment of the entire tax, interest, and penalty, and the licensee is in compliance with the agreement. (d) Immediately upon the sale of any tow truck, the seller or the purchaser shall remove the registration emblem from the vehicle. It shall be unlawful for the purchaser to use the vehicle unless the registration emblem has been removed; or (e) except as provided in subsection (c) of this section, any licensee may request that the Department issue a registration emblem if the licensee acquires or engages for use a new, used, or additional tow truck, subject to the payment of an increased license fee under Section 4-5-010(42), if applicable. (Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 1-26-22, p. 43395, § 2)

Municipal Code of Chicago § 4-227-070 License - Fee - Termination.

4-227-070 License - Fee - Termination. The license fee shall be as set forth in Section 4-5-010. A separate license fee shall be required for each separate tow truck and storage lot that the licensee operates or maintains. The license shall expire on the date indicated on the face of the license. (Added Coun. J. 5-26-21, p. 30457, § 3)

Municipal Code of Chicago § 4-227-075 Post-towing services and obligations.

4-227-075 Post-towing services and obligations. (a) A vehicle towed or stored by a licensee shall be returned to the owner or operator of such vehicle in substantially the same condition as before being towed or stored. (b) After a vehicle has been towed to the applicable storage lot, such vehicle shall not be towed to another storage lot or other secondary location, unless authorized by the owner or operator of such vehicle in writing. (c) A licensee shall release any vehicles located on a storage lot or in a building that has received: (i) a closure order pursuant to Sections 4-4-015 or 14A-3-307 of this Code; (ii) a summary closure order pursuant to Section 4-4-285 of this Code; or (iii) a license revocation pursuant to Section 4-4-280 of this Code. (d) Each licensee is encouraged to accept forms of payment other than cash, including, but not limited to, commonly recognized traveler’s checks, money orders, cashier’s checks, certified checks, commonly accepted credit cards and debit cards, and mobile pay. However, if a licensee accepts only cash, the licensee, in compliance with all applicable law, shall arrange for the availability of an automated teller machine within a part of the storage lot to which the public has access and shall provide change at the time of payment, if applicable. (Added Coun. J. 4-16-25, p. 26796, § 2)

Municipal Code of Chicago § 4-227-080 Prohibited acts.

4-227-080 Prohibited acts. (a) Generally applicable prohibitions. It shall be unlawful for any licensee, or any employee or agent of any licensee, to: (1) violate any requirement of Chapter 9-44 of this Code or in any rule duly promulgated thereunder; (2) violate any requirement in the Illinois Commercial Safety Towing Law or any rule duly promulgated thereunder; (3) fail to take reasonable steps to prevent violations of this chapter, or any rule duly promulgated hereunder, by employees or agents of the licensee; or (4) engage in any of the following practices: (i) stop at or near the scene of a motor vehicle accident or at or near a damaged or disabled vehicle for the purpose of soliciting the vehicle owner or operator to enter into a towing service transaction in violation of Section 11-1431 of the Illinois Vehicle Code, codified at 625 ILCS 5/11-1431; (ii) stop at or near the scene of a motor vehicle accident or at or near a damaged or disabled vehicle unless called to the location by a law enforcement officer, the Illinois Department of Transportation, the Illinois State Toll Highway Authority, or any department or sister agency of the City, the owner or operator of the damaged or disabled vehicle, or the owner or operator's authorized agent, including the owner or operator's insurer or a motor club of which the owner or operator is a member; (iii) make any false, misleading, or threatening statement or representation, or any other false statement of material fact to the vehicle owner or operator for the purpose of, or any statement to the owner or operator which has the effect of, coercing the owner or operator to engage the licensee’s towing services, including any misrepresentations that the licensee is approved by, authorized by, or otherwise affiliated with any insurance company or government agency, or that any insurance company or other third-party will pay all or any portion of the charges for the towing service transaction; (iv) give or offer any payment, fee, reward, or other thing of value, directly or indirectly, for supplying information concerning a damaged or disabled vehicle which may require towing services, which information may be used to solicit the vehicle owner or operator to enter into a towing service transaction in violation of Section 11-1431 of the Illinois Vehicle Code, codified at 625 ILCS 5/11-1431; or (v) make repairs for consideration on a vehicle unless the owner or operator has signed an agreement which includes an estimate of the cost of such repairs. (b) It shall be unlawful for any licensee to impersonate or otherwise falsely represent themselves as a member or representative of any unit of government or law enforcement agency, including through: (1) a false statement; (2) a false display of any signage, emblems, or any other distinctive signage, or any counterfeit or imitation of the foregoing; (3) any act that falsely represents that the person has a current affiliation with a unit of government or law enforcement agency; or (4) any act that falsely represents that person is a member or representative of any unit of government or law enforcement agency. (c) Post-towing storage and release of vehicles. After a vehicle has been towed, it shall be unlawful for any licensee to: (1) violate any applicable requirement of the Labor and Storage Lien Act (770 ILCS 40/, et seq.), the Labor and Storage Lien (Small Amount) Act (770 ILCS 50/ et seq.), or Chapter 4 of the Illinois Vehicle Code (625 ILCS 5/4, et seq.); (2) prohibit the owner or operator of the towed vehicle, regardless of whether such owner or operator has or is able to immediately pay any applicable fees or charges, from accessing the vehicle to retrieve any personal belongings; (3) require or otherwise condition licensee’s towing services or the release of a vehicle that has been towed and is stored at a storage lot upon the owner or operator of the vehicle authorizing repairs or other services beyond the towing of the vehicle; or (4) refuse to release any vehicle from a storage lot to any person legally entitled to custody of such vehicle during licensee’s then-current days and hours of operation on file with the Commissioner, or, if no days and hours of operation are on file with the Commissioner, at any time. (d) Release of improperly towed vehicles. Any licensee, or any employee or agent of a licensee, that solicits or tows a vehicle in violation of this section shall release such vehicle, without payment or lien, to the owner of the vehicle upon request. (e) Additional prohibitions. It shall be unlawful for any licensee, or any employee or agent of a licensee, to violate any requirement of Chapter 9-84 of this Code or in any rule duly promulgated thereunder or violate any requirement in the Illinois Commercial Relocation of Trespassing Vehicles Law or any rule duly promulgated thereunder, if applicable. (Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 4-16-25, p. 26796, § 3)

Municipal Code of Chicago § 4-227-090 Recordkeeping.

4-227-090 Recordkeeping. Each licensee under this chapter shall keep the following documentation, and shall produce such documentation for inspection upon request from the Department or any law enforcement agency: (a) a list of all current and former tow truck drivers engaged by the licensee, including their name, address, date of birth, driver's license number, and periods of time during which the driver was engaged by the applicant; provided that such recordkeeping for former tow truck drivers shall only apply for one year after a driver is no longer engaged by the licensee; and (b) records of the make, model, year, license plate number, Vehicle Identification Number (VIN), and a copy of any applicable authorization for each vehicle towed, relocated, or stored. (Added Coun. J. 5-26-21, p. 30457, § 3)

Municipal Code of Chicago § 4-227-100 Licensed storage lots.

4-227-100 Licensed storage lots. No licensee may tow a vehicle under this chapter to a location other than a licensed storage lot operated by the licensee or a location owned or operated by a person licensed pursuant to Chapter 4-228, unless the operator or owner of the vehicle to be towed affirmatively requests such vehicle be towed to another location. (Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 1-26-22, p. 43395, § 2)

Municipal Code of Chicago § 4-227-110 License - Suspension or revocation.

4-227-110 License - Suspension or revocation. (a) Except as provided in subsection (b) of this section, three or more violations of this chapter by any licensee, or any employee or agent of a licensee, including any licensee previously operating under a different name, on any three or more different days within any 24-month period may result in license suspension or revocation in accordance with Section 4-4-280. (b) Any violation of Section 4-227-080(a)(4), 4-227-080(b), or 4-227-080(c) by any licensee, or any employee or agent of a licensee, shall result in immediate license revocation proceedings. (Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 12-20-25, p. 38352, § 7)

Municipal Code of Chicago § 4-227-120 License revocation - Four-year wait for a new license.

4-227-120 License revocation - Four-year wait for a new license. No person whose license under this chapter is revoked shall be granted another license under this chapter under the same or a different name for a period of four years after the date of revocation. (Added Coun. J. 5-26-21, p. 30457, § 3)

Municipal Code of Chicago § 4-227-130 Rules.

4-227-130 Rules. The Commissioner is authorized to promulgate rules necessary or appropriate to implement this chapter. (Added Coun. J. 5-26-21, p. 30457, § 3)

Municipal Code of Chicago § 4-227-140 Violation - Penalty.

4-227-140 Violation - Penalty. (a) Except as otherwise provided in subsection (b) of this section, and in addition to any other penalty provided by law, any person who violates this chapter shall be subject to a fine of not less than $500 nor more than $1,000 for each offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply. (b) In addition to any other penalty provided by law, any person who violates Section 4-227-080(b) shall be subject to a fine of not less than $10,000 nor more than $20,000, or imprisonment for a period not to exceed 180 days, or both, for each offense. Each violation shall constitute a separate and distinct offense. (c) In addition to any other penalties required under this section, any vehicle used to solicit or tow a vehicle in violation of Sections 4-227-020, 4-227-080(a)(4), or 4-227-080(b) shall be subject to seizure and impoundment pursuant to this section. The owner of record of such vehicle shall be liable to the City for an administrative penalty of $10,000, in addition to fees for the towing and storage of the vehicle as provided in Section 9-92-080. Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the City or its agents. Before or at the time the vehicle is towed, the police officer shall notify any person identifying himself as the owner of the vehicle at the time of the alleged violation or the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner's right to request a preliminary hearing to be conducted under Section 2-14-132 of this Code by serving such person with a copy of the vehicle impoundment seizure report. Section 2-14-132 shall apply whenever a motor vehicle is seized and impounded pursuant to this section. (Added Coun. J. 5-26-21, p. 30457, § 3; Amend Coun. J. 4-16-25, p. 26796, § 4; Amend Coun. J. 12-20-25, p. 38352, § 8)

Municipal Code of Chicago § 4-227-150 Authority to impound vehicles previously used in violation of this chapter.

4-227-150 Authority to impound vehicles previously used in violation of this chapter. (a) A police officer may seize and impound a vehicle previously used to solicit or tow a vehicle in violation of this chapter when the operator or owner of the vehicle is not present, provided that the requirements of this section are met. Before any seizure or impoundment under this section, the Department of Police shall send to the owner of record of the vehicle to be seized and impounded, either by first class mail or by messenger to the address of the owner of record as indicated in state registration records, a notice of intent to seize and impound the vehicle that includes: (i) a statement that an operator of the vehicle violated the applicable section; (ii) the date, approximate time and approximate location of the alleged violation; (iii) a description of the vehicle, including the vehicle make and color, and the vehicle’s license plate number with the issuing state; and (iv) the owner’s opportunity to contest eligibility for impoundment. A copy of the notice shall be forwarded to the Department of Administrative Hearings. A notice is presumed to be delivered upon being deposited with the United States Postal Service with proper postage affixed. (b) An owner of record who receives a notice pursuant to this section may contest eligibility for impoundment by written request delivered to the Department of Administrative Hearings, postmarked within 14 days after the delivery of the notice. The Department of Administrative Hearings shall set a date for a hearing on the eligibility of the vehicle for impoundment, and shall notify the owner of the date, time, and place of the hearing. The hearing date must be no more than 30 days after a request for a hearing has been filed. At the hearing the Department’s evidence of probable cause shall be considered prima facie correct. In order to disprove the vehicle’s eligibility for impoundment, the owner of record must prove that: (1) at the time and date of the alleged violation as described in the notice, the described vehicle was not operated within the City; or (2) the vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered; or (3) the license information described in the report does not match the listed make of the described vehicle. If the owner of record prevails, the notice of intent to impound the owner’s vehicle shall be withdrawn and the vehicle shall not be eligible for impoundment under this section. (c) If a vehicle owner receives a notice pursuant to this subsection and: (i) fails to contest eligibility; or (ii) does not prevail in the contest of eligibility, the vehicle described in the notice shall be eligible for impoundment if found on the public way within 12 months following the conclusion of the contest, if a contest was requested, or following the last date to request a contest, if none was requested. Provided, however, if the owner of the vehicle that is eligible for impoundment under this subsection pays the administrative penalty provided in subsection (d) any time before such vehicle is impounded, the vehicle shall not be eligible for impoundment. (d) The owner of a vehicle eligible for impoundment under this section shall be subject to an administrative penalty of $500. If such vehicle is impounded, the owner of the vehicle shall be subject to the administrative penalty plus the applicable cost of towing and storage of the vehicle under Section 9-92-080. (Added Coun. J. 4-16-25, p. 26796, § 5)

Municipal Code of Chicago § 4-227-160 Private right of action - Non-exclusive remedy.

4-227-160 Private right of action - Non-exclusive remedy. (a) Any aggrieved person may enforce the provisions of this chapter against any licensee by means of a civil action in which the court may provide injunctive relief or award treble damages, plus the plaintiffs' court costs and reasonable attorneys’ fees; provided, however, that nothing provided in this section shall be construed to prohibit the enforcement of this chapter by the City. (b) The remedies, fines, and procedures provided under this chapter are cumulative and are not intended to be exclusive of any other available remedies, penalties, and procedures established by law which may be pursued to address violations of this chapter. Added Coun. J. 4-16-25, p. 26796, § 6)

Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2635038Fetched: 10/24/2026