CHAPTER 14 - OTHER BUSINESS
Page
ORDINANCE
020
Beauty Shop Control
03.23.66
96-021
Licensing of Massage Establishments
02.27.96
98-088
Tattoo and Body Piercing Establishments
08.11.98
99-126
Christmas Tree Sales
10.12.99
15-071
New Article 5 - Immobilization of Vehicles on Private Property
12.15.15
I
CHAPTER 14 - OTHER BUSINESS
Page
ARTICLE 1 - BEAUTYSHOPS
Sec. 14-101
DEFINITION
14-102
LICENSE REQUIRED
14-103
SANITATION AND INSPECTION
14-104
LIMITATIONS
14-105
PENALTY
14-1
14-1
14-1
14-1
14-1
ARTICLE 2 - SALE OF CHRISTMAS TREES
Sec. 14-201
LICENSE REQUIRED
14-202
APPLICATION ANDLICENSE FEE
14-203
SAFETY
14-204
LOCATION
14-205
SANITARY REGULATIONS
14-206
BOND
14-207
PENALTY
14-2
14-2
14-2
14-2
14-3
14-3
14-3
ARTICLE 3 - MASSAGE ESTABLISHMENTS
Sec. 14-301
MASSAGE ESTABLISHMENT LICENSE REQUIRED
14-302
APPLICATION; FEE
14-303
DURATION OF MASSAGE ESTABLISHMENT LICENSE; RENEWAL
14-304
PREMISES
14-305
OPERATING REQUIREMENTS
14-306
INSPECTIONS
14-307
MASSAGE ESTABLISHMENT LICENSE REVOCATION AND
SUSPENSION
14-308
TRANSFER OF LICENSE PROHIBITED
14-309
DISPLAY OF LICENSE REQUIRED
14-310
EMPLOYMENT OF LICENSED MASSAGE THERAPIST(S)
14-311
LISTS OF LICENSED THERAPISTS
14-312
MASSAGE THERAPIST - LICENSE REQUIRED
14-313
MASSAGE THERAPIST - LICENSE APPLICATION
14-314
MASSAGE THERAPIST LICENSE - ISSUANCE, TERMINATION
DATE, RENEWAL
14-315
MASSAGE THERAPIST LICENSE - REVOCATION OR SUSPENSION
14-316
CARRYING OF LICENSE REQUIRED
14-317
OUT CALL SERVICES
14-318
PENALTY
14-5
14-6
14-6
14-6
14-6
ARTICLE 4 - TATTOO AND BODY PIERCING ESTABLISHMENTS
Sec. 14-401
DEFINITIONS
14-402
LICENSE REQUIRED
14-403
APPLICATION FEE
14-404
DURATION OF LICENSE; RENEWAL
14-405
PREMISES
14-406
OPERATING REQUIREMENTS
14-407
INSPECTIONS
14-408
LICENSE REVOCATION AND SUSPENSION
14-409
TRANSFER OF LICENSE PROHIBITED
14-410
DISPLAY OF LICENSE REQUIRED
14-411
EXEMPTIONS
14-412
REQUIREMENT FOR AUTHORIZED PHYSICIAN FOR BODY PIERCING
14-413
TATTOOING OF MINORS
14-414
PENALTY
14-7
14-7
14-7
14-7
14-7
14-8
14-9
14-9
14-9
14-9
14-9
14-9
14-9
14-9
i
14-4
14-4
14-4
14-4
14-4
14-4
14-4
14-5
14-5
14-5
14-5
14-5
14-5
CHAPTER 14 - OTHER BUSINESS
Page
ARTICLE 5 - IMMOBILIZATION OF VEHICLES ON PRIVATE PROPERTY.
(This Article 5 added in its entirety by Ord. 15-071, 12.15.15)
Sec. 14-501
DEFINITIONS
14-502
CONDITIONS REQUIRED FOR IMMOBILIZATION
14-503
NOTIFICATION
14-504
VEHICLE IMMOBILIZATION LICENSE; APPLICATION; FEE
14-505
SUPPLEMENTAL INFORMATION REQUIRED
14-506
WARNING SIGN REQUIREMENTS
14-507
WINDOW NOTICES
15-508
PROMPT DEVICE REMOVAL REQUIRED
15-509
MAXIMUM CHARGE FOR IMMOBILIZATION; PAYMENT OPTIONS
15-510
BUSINESS HOURS; TELEPHONE CONTACT
15-511
LARGE TOWNHOME COMPLEXES
15-512
PENALTY
15-513
NO APPLICABILITY TO VILLAGE, LAW ENFORCEMENT, FIRE
RESCUE,OR OTHER GOVERNM,ENTAL UNIT
ii
15-10
15-10
15-10
15-11
15-11
15-11
15-12
15-12
15-13
15-13
15-13
15-13
15-13
CHAPTER 14 - OTHER BUSINESSES
ARTICLE 1 - BEAUTY SHOPS
Section 14-101. DEFINITION. For the purposes of this article a beauty shop shall be defined as
such business activity which includes the styling, washing, cleansing, color rinsing, dyeing, cutting, and
general treatment of the hair, primarily for female customers, as well as and including, but not being limited
to, various facial treatments, cosmetic applications and other services intended to beautify or enhance the
appearance of the customer being serviced.
Section 14-102. LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation to
maintain and operate a beauty shop without first having obtained a license as herein provided. Such license
shall be twenty-five ($25) per year. No license shall be issued except upon payment of this fee. Application
for such license shall be on such forms as provided by the Village Clerk.
Section 14-103. SANITATION AND INSPECTION. It shall be the duty of the President and Board
of Trustees to make or cause to make an inspection to insure compliance with sanitary rules and regulations
of the State of Illinois and all applicable provisions of this Code relating to health and sanitation.
Section 14-104. LIMITATIONS. Beauty shop licenses shall be limited within the Village of
Bolingbrook to not more than one license for every five hundred residents or major portion thereof.
Section 14-105. PENALTY. Any person, firm or corporation violating any provisions of this article
shall be fined not less than Ten Dollars ($10) nor more than Five Hundred Dollars ($500) for each offense;
and a separate offense shall be deemed committed on each day during or on which a violation occurs or
continues. A revocation or denial of license shall be made by a decision of the President and Board of
Trustees.
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ARTICLE 2 - SALE OF CHRISTMAS TREES
Section 14-201. LICENSE REQUIRED. It shall be unlawful for any person, firm, or corporation to
store, sell or offer for sale in any building or structure, or on any open or vacant lot or parcel, within the
Village any pine, balsam, fir, or any other trees, or branches or parts thereof, which have been cut for use as
Christmas trees or for ornamental or decorative purposes, without first having obtained a license as herein
provided.
Section 14-202. APPLICATION AND LICENSE FEE. (Ordinance 99-126, 10.12.99)
(A)
Any person desiring to obtain a license required by this Article shall make and file a verified
business license application therefor with the Village Clerk. Such application shall set forth the following
information:
(1)
The name and residence address of the applicant, if a natural person, or, if a corporation,
partnership, association or unincorporated entity, its name and the address of the principal place of
business.
(2)
The name and residence address of the person who is to manage and/or control the Christmas tree
lot, if other than applicant.
(3)
The address at which the Christmas tree sales are to be conducted.
(4)
The name and address of the owner of the lot on which the sales are to be conducted and written
authorization from the owner of the lot for sales to be conducted on the lot.
(5)
Whether or not the lot will be operated at night and for what particular hours.
(B)
At the time of filing of the application, the applicant shall pay to the Village Clerk a
nonrefundable application fee of one hundred dollars ($100.00) for each business location to provide for the
expense of processing the application, inspections related thereto, and any or all additional permits required
in conjunction therewith by the codes and ordinances of the Village, including the Fire Code, Building Code
and Electrical Code.
(C)
The license issued shall be valid for a thirty (30) day period.
(D)
Upon the disassembling of a Christmas tree lot, the property on which such lot was located
shall be thoroughly cleaned and cleared of any and all debris, including straw, trees, tree remnants, trash
and other waste material, no later than December 31, to the reasonable satisfaction of the Code
Enforcement Supervisor.
Section 14-203. SAFETY. No person, firm or corporation shall operate or maintain any business
for which a license is required by this Article unless the location thereof has been inspected and approved
by the Building Commissioner and Fire Chief or their designees to determine that the conduct of such
business at such location will not constitute a fire hazard or endanger the safety of the public. Operation of
the business shall comply at all times with the applicable codes and ordinances of the Village.
(Ordinance 99-126, 10.12.99)
Section 14-204. LOCATION. No license shall be issued for any business required to be licensed
by this Article unless the Zoning Ordinance of the Village of Bolingbrook permits the conduct of such
business at such location.
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Chap.14
Section 14-205. SANITARY REGULATIONS. Premises used for the sale of Christmas trees, or
branches or parts thereof, shall be cleared and all trees, branches and parts thereof removed from the said
premises on or before December 31 of the year for which the license is issued.
Section 14-206. BOND. No license shall be issued for any business for which a license is required
by this Article unless the licensee shall have deposited with the Finance Director a cash bond in the amount
of Two Hundred Fifty Dollars ($250.00) for each location for which a license is issued. Such bond shall be
held by the Finance Director for the purpose of securing the prompt and orderly removal of Christmas trees
and branches and parts thereof from the said premises on or before December 31 of each year. Such bond
shall be refunded to the licensee upon surrender of the receipt thereof within five (5) days after the
discontinuance or termination of the said business, together with satisfactory evidence that all trees,
branches and parts thereof have been removed from the premises and that the premises have been left in a
clean and orderly fashion. (Ordinance 99-126, 10.12.99)
Section 14-207. PENALTY. Any person, firm or corporation violating any of the provisions of this
Article shall be fined not less than Fifty Dollars ($50.00) nor more than Five Hundred Dollars ($500.00) and a
separate offense shall be determined to have been committed each day during which or on which the
violation occurs or continues. (Ordinance 99-126, 10.12.99)
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ARTICLE 3 - MASSAGE ESTABLISHMENTS (Adopted entirely by Ordinance 96-021, 02.27.96)
Section 14-301. MASSAGE ESTABLISHMENT LICENSE REQUIRED. It shall be unlawful for any
person, firm or corporation to maintain and operate a massage establishment without first having obtained a
license as hereinafter provided.
Section 14-302. APPLICATION; FEE. Every applicant for a license to maintain, operate or
conduct a massage establishment shall file an application with the Executive Department upon a form
provided by the Village Clerk and pay a nonrefundable filing fee of One Hundred Dollars ($100.00) to the
Village Clerk. The Village Clerk shall, within 15 days thereafter, refer copies of such application and all
additional information to the fire department, police department, community development department and
Mayor. The Village departments shall, within forty five (45) days, inspect the premises proposed to be
operated as a massage establishment, and make recommendations to the Mayor concerning compliance
with the codes of the Village. Upon receipt of the recommendations of the respective Village departments,
the Mayor shall notify the applicant as to whether his application has been granted, denied or held for further
investigation. The period of such additional investigation shall not exceed an additional thirty (30) days.
Section 14-303. DURATION OF MASSAGE ESTABLISHMENT LICENSE; RENEWAL. A
massage establishment license as provided for herein shall expire on June 30th of each year following
issuance and shall be renewable upon payment of the required annual fee of One Hundred Dollars
($100.00). When a license is issued after the 1st day of July, the regulatory fee shall be prorated monthly
for the unexpired term of the regulatory year.
Section 14-304. PREMISES. No massage establishment shall receive a license or be operated,
established or maintained unless the establishment shall comply with each of the following minimum
regulations:
(A) All massage tables, lavatories and floors shall have surfaces which may be readily disinfected.
(B) Separate dressing, locker and massage room facilities shall be provided for female and male
patrons, so that female and male patrons may be served simultaneously in the event that patrons of both
sexes are permitted.
(C) Toilet facilities shall be provided within the massage establishment. When five (5) or more
employees or patrons of different sexes are on the premises at the same time, separate toilet facilities shall
be provided. Lavatories shall be provided with both hot and cold running water and shall be installed in the
toilet room. Lavatories shall be provided with soap and a dispenser with sanitary towels.
(D) Closed cabinets shall be provided for use in the storage of clean linens, towels and other
materials used in administering massages. All soiled linens, towels and other materials shall be kept in
properly covered containers or cabinets which shall be kept separate from the clean storage areas.
Section 14-305. OPERATING REQUIREMENTS. It shall be unlawful for any massage therapist or
employee or licensee of a massage establishment to place his or her hand upon or to touch with any part of
his or her body, or to fondle in any manner, or to massage a sexual or genital area of any person.
Section 14-306. INSPECTIONS. Any Village department or agency may make an inspection of
each massage establishment granted a license under the provisions of this Article for the purposes of
determining compliance with the provisions of this Article.
Section 14-307. MASSAGE ESTABLISHMENT LICENSE REVOCATION AND SUSPENSION. It
shall be cause for revocation or suspension that the massage establishment licensee has made a false
statement on any application for license under this Article or, in the event that the licensee shall refuse to
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Chap.14
permit any authorized police officer or authorized member of the police department, building department, or
fire department of the Village to inspect the premises or the operations thereof at reasonable times.
Section 14-308. TRANSFER OF LICENSE PROHIBITED. No license for the operation of a
massage establishment shall be transferable.
Section 14-309. DISPLAY OF LICENSE REQUIRED. Each licensee shall display a valid current
license in a conspicuous place within the massage establishment so that the same may be readily seen by
persons entering the establishment.
Section 14-310.
EMPLOYMENT OF LICENSED MASSAGE THERAPIST(S).
Massage
establishments may not employ persons as massage therapists who have not obtained the necessary
license required by Section 14-312.
Section 14-311. LISTS OF LICENSED THERAPISTS. Each massage establishment shall
maintain a current listing of all licensed massage therapists who perform massage services at the site of the
establishment.
Section 14-312. MASSAGE THERAPIST - LICENSE REQUIRED. Any person who engages in
the practice of massage shall file an application for a license as a massage therapist, which application shall
be submitted to the Executive Department upon the form provided by the Village Clerk, and shall pay a fee
of One Hundred Dollars ($100.00).
Section 14-313. MASSAGE THERAPIST - LICENSE APPLICATION.
license for a massage therapist shall contain the following:
The application for a
(1)
Name and residence;
(2)
Social Security number;
(3)
Written evidence that the applicant is at least 18 years of age;
(4)
Written evidence that the applicant has graduated from a massage therapy school or training
program which has been accredited by the State of Illinois, or those agencies which are
recognized by the U.S. Department of Education and Council on Post Secondary
Accreditation; or
Written evidence that the applicant has passed the National Certification Examination for
Massage Therapy and Bodywork Therapy; or
Written evidence of membership in a professional organization which offers continuing
education programs in massage therapy and has a written code of ethics.
Section 14-314. MASSAGE THERAPIST LICENSE - ISSUANCE, TERMINATION DATE,
RENEWAL. The Mayor shall direct the issuance by the Village Clerk of a license for a massage therapist
following the application and the providing of all information required by this Article unless the Mayor finds
that the applicant for a license has been convicted of a felony within the last five years, an offense involving
sexual misconduct with children, or any violation of 720 ILCS 5/11-6 et seq., or he finds that the applicant
has failed to provide all of the information and certificates required by this article, or unless the applicant's
license has previously been revoked. Each license for a massage therapist pursuant to this article shall
terminate on June 30th following its issuance and shall be renewable upon payment of the required annual
fee of One Hundred Dollars ($100.00).
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Chap.14
Section 14-315. MASSAGE THERAPIST LICENSE - REVOCATION OR SUSPENSION. A
license for massage therapist may be revoked or suspended where it appears that the massage therapist
has been convicted of any offense which would be cause for denial of a license upon an original application,
has made a false statement on an application for a license, or has committed an act in violation of this
Article. The Mayor shall give the license holder a written notice specifying the grounds of suspension or
revocation. The license holder may, within fifteen (15) days from the date of such revocation or suspension,
file a written request for public hearing, which hearing shall be held within fifteen (15) days after the filing of
request for same, and at which time the license holder may present evidence bearing upon the question.
The Mayor shall then issue a written order as to whether the license shall be revoked or suspended within
five days after the date of the hearing.
Section 14-316. CARRYING OF LICENSE REQUIRED. Each massage therapist licensee shall
carry a current license upon his/her person while engaged in his or her employment and shall produce such
license upon request.
Section 14-317. OUT CALL SERVICES. Any massage therapist who provides any of the services
provided in this Article at any hotel or motel must first register his or her name and license number with the
owner, manager or person in charge of such hotel or motel. No out call massage service may be operated
other than by a licensed establishment, and each out call massage service must be performed within the
manner provided in this Article.
Section 14-318. PENALTY. Any person, firm or corporation violating any of the provisions of this
Article shall be fined not less than Five Hundred Dollars ($500.00) nor more than One Thousand Dollars
($1,000.00), and a separate offense shall be determined to have been committed each day during which or
on which the violation occurs or continues.
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ARTICLE 4 - TATTOO AND BODY PIERCING ESTABLISHMENTS
SECTION 14-401. DEFINITIONS: For purposes of this Article, the words and terms defined below shall
have the following meanings:
(A)
BODY PIERCING means any procedure whereby a part or parts of the human body are pierced
by a sharp instrument in order to allow insertion of a piece or pieces of jewelry, a ring(s) or other
ornamental device(s) through the orifice(s) thus created.
(B)
OPERATOR means any individual, firm, company, corporation or association that owns or
operates an establishment where tattooing and/or body piercing is performed and any individual
who performs or practices the art of tattooing and/or body piercing other human beings.
(C)
TATTOO, TATTOOED, TATTOOING means any method of placing designs, letters, scrolls,
figures, symbols or any other marks upon or under the skin by the aid of needles or other
instruments designed to touch or puncture the skin.
SECTION 14-402. LICENSE REQUIRED. It shall be unlawful for any person, firm or corporation to
maintain and operate a tattoo establishment, with or without body piercing, without first having obtained a
license as hereinafter provided.
SECTION 14-403. APPLICATION; FEE. Every applicant for a license to maintain, operate or conduct a
tattoo establishment shall file an application upon a form provided by the Village Clerk and pay a
nonrefundable filing fee of Fifty Dollars ($50.00) to the Village Clerk. The Village Clerk shall, within 15
days thereafter, refer copies of such application and all additional information to the Police Department,
Community Development Department and Mayor. The Village departments shall, within forty five (45)
days, inspect the premises proposed to be operated as a tattoo establishment, and make
recommendations to the Clerk concerning compliance with the codes of the Village. Upon receipt of the
recommendations of the respective Village departments, the Clerk shall notify the applicant as to whether
his application has been granted, denied or held for further investigation. The period of such additional
investigation shall not exceed an additional thirty (30) days.
SECTION 14-404. DURATION OF LICENSE; RENEWAL. A license as provided for herein shall expire
and be renewed as set forth within Section 9-204 of the Municipal Code.
SECTION 14-405. PREMISES. No tattoo establishment shall receive a license or be operated,
established or maintained unless the establishment shall comply with each of the following minimum
regulations:
(A)
The establishment shall have a certificate of compliance with or inspection by the Will or DuPage
County Health Department, as appropriate, if available.
(B)
The room in which tattooing is done shall have an enclosed area of not less than five hundred
(500) square feet. The walls, floors and ceiling shall have an impervious, smooth and washable
surface.
(C)
Toilet facilities shall be provided within the establishment. When five (5) or more employees or
patrons or different sexes are on the premises at the same time, separate toilet facilities shall be
provided. Lavatories shall be provided with both hot and cold running water and shall be installed
in the toilet room. Lavatories shall be provided with soap and a dispenser with sanitary towels.
(D)
All tables and other equipment shall be constructed of easily cleanable material, shall be painted
or finished in a light color, with a smooth washable finish, and shall be separated from waiting
customers or observers by a solid wall or door totally eliminating any view into the tattooing room.
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(E)
Closed cabinets shall be provided for use in the storage of clean linens, towels, needles, and
other materials and instruments used in tattooing. All used linens, towels, equipment,
instruments, and other materials shall be kept in properly covered containers or cabinets which
shall be kept separate from the clean storage areas.
A steam sterilizer shall be provided to properly sterilize all needles and instruments before use on
any customer, person or patron. ‘Such needles and instruments required to be sterilized shall be
so used, handled and temporarily placed during their use so that they will not be contaminated.
(F)
The entire premises and equipment shall be maintained in a clean, sanitary condition and in good
repair.
(G)
No tattoo establishment shall be open to the public for business between the hours of 10:00 p.m.
and 7:00 a.m.
(H)
The main entrance door of any tattoo establishment shall be visible from a public street and shall
remain unlocked during business hours.
(I)
The business shall also comply with all of the terms and conditions set forth within Article 2 of
Chapter 9 with respect to business licenses.
SECTION 14-406. OPERATING REQUIREMENTS.
(A)
The operator shall wash his hands thoroughly with antiseptic soap and water before starting any
tattoo; the hands shall be dried with individual, single-use towels.
(B)
The area on the patron to be tattooed shall first be thoroughly washed with a sterile, single-use
sponge with warm water containing an antiseptic liquid soap. The area should be shaved with a
safety razor, using single-service blades for each customer or patron, followed by a solution of
seventy percent (70%) alcohol to be applied to the area before tattooing is begun.
(C)
Only petroleum jelly in collapsible metal or plastic tubes shall be used on the area to be tattooed,
and it shall be applied with sterile gauze.
(D)
Single service or individual containers of dye or ink shall be used for each patron, and the
container therefor shall be discarded immediately after completing work on each patron. Any dye
in which the needles are dipped shall not be used on another person. All needles, pigments,
dyes, colors and any other material used in tattooing and all bandages and surgical dressings
used in connection with tattooing shall be sterile and free from bacteria, virus particles and
noxious agents and substances. After completing work on any person, the tattooed area shall be
washed with sterile gauze and seventy percent (70%) alcohol solution and allowed to dry. A
sterile gauze dressing shall be fastened to the tattooed area.
(E)
Operators shall at all times while in the performance of their services wear uniforms or garments
which cover the torso, and said garments shall be kept clean and in a sanitary condition.
(F)
No person, while on the premises of any tattoo establishment, shall possess, sell, dispense,
provide, give, keep or maintain any alcoholic beverage.
(G)
No intoxicated person shall be tattooed by an operator on the licensed premises.
(H)
Operators shall at all times comply with the regulations of the Department of Labor’s
Occupational Safety and Health Administration (29 CFR Paragraph 1910.1030), as presently
existing or hereafter amended, with respect to occupational exposure to blood, bloodborne
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pathogens or other potentially infectious materials, which regulations are incorporated by
reference herein.
(I)
Tattooing may be performed within such licensed tattoo establishment but shall be done only by
a physician or osteopath or in the physical presence and under the direct supervision of a
physical or osteopath authorized to practice medicine or osteopathic medicine in the State of
Illinois as set forth in the Illinois Medical Practice Act of 1987 (225 ILCS 60/1 et seq.) or any
amendment thereof.
Section 14-407. INSPECTIONS. Any Village department or agency may make an inspection of
each establishment granted a license under the provisions of this Article for the purposes of determining
compliance with the provisions of this Article.
Section 14-408. LICENSE REVOCATION AND SUSPENSION: It shall be cause for revocation
or suspension that a licensee has violated the provisions of this Article or any code or ordinance of the
Village relative to operation of the business or use of the premises, has made a false statement on any
application for license under this Article or, in the event that the licensee shall refuse to permit any
authorized police officer or authorized member of the Police Department or Community Development
Department of the Village to inspect the premises or the operations thereof at reasonable times.
Section 14-409. TRANSFER OF LICENSE PROHIBITED. No license for the operation of a
tattoo establishment shall be transferable.
Section 14-410. DISPLAY OF LICENSE REQUIRED. Each licensee shall display a valid
current license in a conspicuous place within the licensed establishment so that the same may be readily
seen by persons entering the establishment.
Section 14-411.
EXEMPTIONS. The provisions of this Article shall not apply to licensed
medical doctors or doctors of osteopathic medicine who perform body piercing or tattoo individuals while
in the course of their medical practice.
Section 14-412. REQUIREMENT FOR AUTHORIZED PHYSICIAN FOR BODY PIERCING.
Body piercing may be performed within such licensed tattoo establishment but shall be done only by a
physician or osteopath or in the physical presence and under the direct supervision of a physician or
osteopath authorized to practice medicine or osteopathic medicine in the State of Illinois as set forth in
the Illinois Medical Practice Act of 1987 (225 ILCS 60/1 et seq.) or any amendment thereof. The piercing
of ears shall be exempt from the provisions of this Section.
Section 14-413. TATTOOING OF MINORS. In accordance with 720 ILCS 5/12-10, no person
under the age of 21 may be tattooed except by a person authorized to practice medicine or osteopathic
medicine as hereinabove set forth. (Ordinance 99-088, 08.11.99)
Section 14-414. PENALTY: In addition to license suspension or revocation as hereinabove
provided, any person, firm or corporation violating any of the provisions of this Article shall be fined not
less than Seventy Five Dollars ($75.00) nor more than Five Hundred Dollars ($500.00), and a separate
offense shall be determined to have been committed each day during which or on which the violation
occurs or continues.
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ARTICLE 5 - IMMOBILIZATION OF VEHICLES ON PRIVATE PROPERTY.
(Added in its entirety by Ordinance 15-071, 12.15.15)
SECTION 14-501. DEFINITIONS.
AUTHORIZED BOOTING COMPANY: A company engaged in the business of booting or otherwise
immobilizing vehicles, which is currently and properly licensed to do business in the village in accordance
with Chapter 9, Article 2 of this Code.
IMMOBILIZATION: The attachment of a lockable road wheel clamp or similar device (oftentimes referred
to as a "boot") to a vehicle that renders the vehicle immovable until the device is unlocked or removed.
The act of immobilization is oftentimes referred to as "booting".
IMMOBILIZE: The act of placing a lockable road wheel clamp or similar device (oftentimes referred to as
a "boot") on a parked vehicle until the device is unlocked or removed. This term includes any installation,
adjustment or removal of the immobilization device.
PARKING LOT OWNER OR OPERATOR: The owner of the parking lot or area or the authorized
operator of the parking lot or area, and any person having a financial or other beneficial interest in:
A. The property on which the parking lot or area is located;
B. The business of the owner of the parking lot or area; or
C. The business of the operator of the parking lot or area.
VEHICLE: Every device in, upon or by which any person or property is or may be transported or drawn
upon a highway except devices moving by human power or used exclusively upon stationary rails or
tracks. (See 625 ILCS 5/1-217)
SECTION 14-502. CONDITIONS REQUIRED FOR IMMOBILIZATION. No vehicle parked in a privately
owned parking lot or area may be immobilized without the permission of the vehicle's owner, except only
if all of the following conditions are present:
A. The vehicle is parked illegally, or otherwise is not authorized to park in the place it is located, at
the time of being immobilized;
B. Immobilization is undertaken by an authorized booting company;
C. The parking lot or area has been posted with warning signs complying with the requirements set
forth in section 14-506 of this chapter;
D. Immobilization has been authorized in writing by the parking lot owner or operator, or by a duly
authorized agent of the parking lot owner or operator; and
E. The vehicle owner or authorized user is not present, and has not been present, at any time during
the immobilization activity.
F. The vehicle is NOT owned or operated by a unit of local, state or federal government or any
privately owned ambulance licensed by the Illinois Department of Public Health.
SECTION 14-503. NOTIFICATION. Confirmation of the immobilization must be given to the police
department at least fifteen (15) minutes after police request verification of an immobilization.
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SECTION 14-504. VEHICLE IMMOBILIZATION LICENSE; APPLICATION; FEE. No person or entity
may immobilize a vehicle on private property without first securing a vehicle immobilization license
issued by the village's chief of police, or his designee.
A. Application: All applicants for a vehicle immobilization license must complete a license application
in a form provided by the village. The application must include all of the following information:
1. The name, business address and permanent telephone number of the applicant.
2. A list of the names, home address and telephone numbers of each owner and employee of
the applicant and, for each such person, a list of each conviction for any crime or ordinance
violation within the five (5) years immediately preceding the date of the application, including
for each conviction the specific charge, the date of conviction, the place of conviction and the
sentence.
3. A list of each privately owned parking lot and area at which the applicant intends to undertake
immobilization and the name of each parking lot owner and operator and of each person
authorized to order the immobilization along with a copy of the signed agreement or contract.
4. Proof of liability insurance in the amount not less than one hundred thousand dollars
($100,000.00) per person for injury or death and not less than twenty five thousand dollars
($25,000.00) per property damage incident, issued by an insurer authorized to underwrite
risks in Illinois.
5. A sample of the window immobilization notice or sticker complying with the requirements set
forth in section 14-507 of this chapter.
B. Fee: The annual fee for a vehicle immobilization license is one hundred twenty dollars ($120.00).
This fee is nonrefundable and must be paid at the time an application is submitted.
C. License Term; Renewal Fee; Termination: A vehicle immobilization license is for a term not
exceeding one year. Every vehicle immobilization license will expire on April 30 of each year. The
annual fee for renewal of a vehicle immobilization license is one hundred twenty dollars
($120.00), which must be paid prior to the date of expiration of the license. A vehicle
immobilization license is terminated automatically and without further action of the village if the
renewal fee is not paid within fifteen (15) days after the time required by this subsection. In the
event of such termination, the vehicle immobilization license cannot be reissued by the village
except after payment by the licensee of the full annual fee.
SECTION 14-505. SUPPLEMENTAL INFORMATION REQUIRED. When any information required on
the vehicle immobilization license application has changed, or is supplemented with new information, the
authorized booting company must submit that changed or supplemental information to the village within
fifteen (15) days after the change or supplement on a form provided by the village.
SECTION 14-506. WARNING SIGN REQUIREMENTS. Every private parking lot or area on which
immobilization may be undertaken at any time must be posted with no fewer than two (2) warning signs
complying with the requirements of this section for not less than fourteen (14) days before the first
immobilization occurs.
A. Every required warning sign must be approved by the village's Code Enforcement department
prior to its installation. All warning signs are subject to the application permit and fees provided in
section 14-504 of this code. The Code Enforcement department may specify the locations within
the parking lot or area where the warning signs must be posted. The Code Enforcement
department may also require the installation of more than two (2) warning signs if the department
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determines that the size or configuration of the parking lot, the number of entrances, or total area
warrants more than two (2) signs to properly alert vehicle drivers.
B. All required warning signs must meet all of the following standards:
1. Each sign must be posted in a location within the parking lot or area that is clearly visible at all
times by vehicle operators. Each posted location must be free from obstruction by any natural
or manmade objects.
2. Each sign must include a warning that unauthorized vehicles will be immobilized.
3. Each sign must be not less than twenty four inches (24") in height and thirty six inches (36") in
width.
4. Each sign must be posted with the bottom of the sign not less than four feet (4') above the
ground nor more than eight feet (8') above the ground.
5. The lettering on each sign must be painted with reflective material that provides a dramatic
contrast from the color of the sign background.
6. Each sign must state the maximum total cost to be paid for release of the immobilized vehicle.
That amount may not exceed ninety dollars ($90.00). (See section 14-509 of this chapter.)
SECTION 14-507. WINDOW NOTICES.
A. Licensed companies must serve notice of intended immobilization of a vehicle by placing a sticker
on the vehicle they intend to immobilize with a boot no less than 45 minutes from the time the
boot is applied. The notice must be easily removable, may be a "sticker", and must include all of
the following information:
1. That the vehicle is parked illegally or otherwise is not authorized to park in
place it is located.
the
2. That the vehicle is subject to being immobilized.
3. The amount of the fee to release the vehicle if immobilized.
B. The authorized booting company must place a notice on the window of the driver's door of every
vehicle that has been immobilized. The notice must be easily removable, may be a "sticker", and
must include all of the following information:
1. The name, address and telephone number of the authorized booting company.
2. The name and telephone number of a person to contact for vehicle release.
3. The total cost of release of the vehicle.
4. All acceptable forms of payment of the release cost.
5. The time/date of, and reason for, immobilization of the vehicle.
SECTION 14-508. PROMPT DEVICE REMOVAL REQUIRED. An authorized booting company must
remove an immobilization device within sixty (60) minutes after receiving a request for that removal,
except only if the authorized booting company cannot meet that time requirement because it is currently
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actively engaged in another immobilization device removal. Under those, and all other circumstances,
the authorized booting company must respond to the removal request and remove the device as quickly
as possible.
SECTION 14-509. MAXIMUM CHARGE FOR IMMOBILIZATION; PAYMENT OPTIONS. The total
charge for a complete release of a vehicle that has been immobilized on a private parking lot or area may
never exceed ninety dollars ($90.00). The authorized booting company must accept payment of the
charge in cash or by credit or debit card.
SECTION 14-510. BUSINESS HOURS; TELEPHONE CONTACT. The authorized booting company
must maintain a telephone number at which a company representative can be reached twenty four (24)
hours per day, every day.
SECTION 14-511. LARGE TOWNHOME COMPLEXES. Notwithstanding any other provision in this
Article, licensed companies that are contracted by the owner and/or homeowners association to boot
within a connected townhome residential complex containing more than 500 units under the control of
the owner and/or homeowners association may charge a maximum fee of one hundred seventy dollars
($170.00) and are not required to provide the warning sticker as provided in Section 14-507.A.
SECTION 14-512. PENALTY. Any person, firm or corporation who or which violates the provisions of
this chapter may, in addition to any penalty provided in the general penalty provisions set forth in this
code, suffer the penalty of having his, her or its vehicle immobilization license revoked for any such
violation. Revocation shall be in writing signed by the chief of police. Each incident of violation shall be a
separate offense and punishable as described.
SECTION 14-513. NO APPLICABILITY TO VILLAGE, LAW ENFORCEMENT, FIRE RESCUE, OR
OTHER GOVERNMENT ENTITY. This chapter does not apply to immobilization activities conducted by
or on behalf of the village, the police department, the fire department or any other governmental entity or
official engaged in his or her official duties, when such immobilization is authorized by any provision of
law or any rule or regulation promulgated pursuant thereto.
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