Authority to impound motor vehicle previously used in fly dumping.
Municipal Code of Chicago § 9-92-036
in effect9-92-036 Authority to impound motor vehicle previously used in fly dumping.
(a) A motor vehicle recorded in the act of, or after having been witnessed, violating Section 7-28-390 or Section 7-28-440 shall be subject to impoundment under the procedures of this section.
(b) A police officer or an employee of the Department of Streets and Sanitation who observes a motor vehicle being used to violate Section 7-28-390 or Section 7-28-440 shall, if possible, record the vehicle make and color and the issuing state and number of the license plate. Members of the Department of Police or Department of Streets and Sanitation may collect verifiable evidence, including any photographs or video recordings, that may be used to support the finding of a violation of Section 7-28-390 or Section 7-28-440 and shall transmit any records, verifiable evidence, or both to the appropriate section of the Department of Police responsible for the impoundment and towing of motor vehicles.
(c) The report referenced in subsection (b) shall also include the date, approximate time, and approximate location of the alleged violation of Section 7-28-390 or Section 7-28-440. If possible it shall also include the motor vehicle make and color and the issuing state and number of the license plate of the motor vehicle.
(d) The Department of Police shall send a notice of intent to impound the motor vehicle described in the report to the owner of record of the motor vehicle. The notice shall be sent by first class mail to the address of the owner of record as indicated in state registration records. The notice shall include the following: a statement that the operator of the motor vehicle was observed using the motor vehicle in a violation of Section 7-28-390 or Section 7-28-440; the date, approximate time and approximate location of the event, the description of the motor vehicle as contained in the report; and notice of an opportunity to contest eligibility for impoundment. A copy of the notice shall be forwarded to the Department of Administrative Hearings. A notice is presumed delivered upon being deposited with the United States Postal Service with proper postage affixed.
(e) An owner of record who receives a notice pursuant to subsection (d) of 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 motor 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 report shall be considered prima facie correct. In order to disprove the motor 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 report, the described motor vehicle was not operated within the City of Chicago; or (2) at the time and date of the alleged violation, the motor vehicle had been reported stolen; (3) the license information described in the report does not match the listed make of the described motor vehicle. If the owner of record prevails, the notice of intent to impound the owner’s motor vehicle shall be withdrawn and the motor vehicle shall not be eligible for impoundment under this section.
(f) If a motor vehicle owner receives a notice pursuant to subsection (d) of this section and (1) fails to contest eligibility under subsection (e) of this section or (2) does not prevail in the contest of eligibility, the motor 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 motor vehicle that is eligible for impoundment under this subsection pays the administrative penalty provided in subsection (g) any time before such motor vehicle is impounded, the motor vehicle shall not be eligible for impoundment.
(g) The owner of a motor vehicle eligible for impoundment under this section shall be subject to an administrative penalty of $2,000. If such motor vehicle is impounded, the owner of the motor vehicle shall be subject to the administrative penalty plus the applicable cost of towing and storage of the motor vehicle under Section 9-92-080.
(Added Coun. J. 6-17-26, p. 45184, § 2)
Source: City of Chicago, Municipal Code of Chicago (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/chicago/latest/chicago_il/0-0-0-2703834Fetched: 10/24/2026