Heights Resident Questions Ordinance After Police Issue Improper Citations

Can a vehicle located on private property be ticketed and towed by the City of Chicago Heights?

Resident Arthur Wiggins Jr. was inspired to find out after Chicago Heights Police went into his backyard and ticketed three of his vehicles, marking them and a fourth vehicle to be towed because they were considered to be "non-operating."

Wiggins' argued against the tickets, mainly because they were in reference to a law that he believed didn't apply to his vehicle. The citation referenced Sec. 28-434 of the City's code, which states:

No person shall leave any partially dismantled, non-operating, wrecked, or junked vehicle on any street or highway, or on any sidewalk or parkway, in the city.

The code is clearly worded, but does a homeowner's backyard fall into this category?

It turns out Wiggins' was right to question the tickets, according to Chief Michael Camilli, who visited the Beacon Blvd. resident's home.

"When the officers went to tag them they issued him citations that were improper," Camilli said. "I non-suited those three tickets."

Camilli went on to explain that Wiggins' vehicles were still in violation of city code, and therefore were still in danger of being towed. Why? Because cars in disrepair, even on private property, can still be towed if they are visible from the street. In order to avoid having his cars towed, Wiggins needed to put up fencing, which he has since done.

The police chief said that part of the ordinance exists for the sake of other residents.

"These are nuisances to the area, to the other residents," Camilli said. "They’re unsightly. They bring the neighborhoods down. They could be dangerous, they could become rodent infested."

As for the officers issuing Wiggins the wrong citations, Camilli chalked it up to a lack of experience dealing with the ordinance.

"I have young police officers," Camilli said. "I could probably recite the ordinance word-for-word but they’re new to the system and sometimes they operate improperly and that’s when we have to make sure they understand the way these ordinances work."

Despite still taking issue with the way the officers entered his backyard and issued him citations, Wiggins said it hasn't soured his view of the leadership at the Chicago Heights Police Department.

"I would like to say that when it comes to Chief Camilli and the way he administers that department, I think he does a exceptional job," Wiggins said. "Where my concern is, for a police officer to go in the backyard of someone’s private property and write tickets, we would hope those officers are trained better."

And what about these laws? Do they make sense?

For example, the State's law regarding vehicles in disrepair differs from the City of Chicago Heights, allowing a vehicle to sit for seven days or more before it is marked for tow. The Chicago Heights ordinance is more strict, only permitting a vehicle to remain for 48 hours before it can be towed. Wiggins said he has a problem with that difference, mainly because Chicago Heights is a home rule municipality, which typically implements the laws set in place by the State.

"If the State already has a law regarding abandoned vehicles, it is wrong for the City of Chicago Heights to make an ordinance that scrutinizes to a higher degree than the State does," Wiggins said.

Wiggins also questioned other sections of the ordinance, such as one excluding historic vehicles of over 25 years of age from being considered non-operating.

What do you think? If the City's ordinance is difficult to understand, even for some police officers, should it be changed? Or is Wiggins overreacting to a deserved citation?

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