(A) Definition. For the purpose of this section the following definition shall apply unless the context clearly indicates or requires a different meaning.
INOPERABLE MOTOR VEHICLE.
(1) Shall mean any motor vehicle from which, for a period of at least seven days, the engine, wheels, or other parts have been removed, or on which the engine, wheels, or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own motor.
(2) Shall mean any engine(s), wheels, tires, or other motor vehicle parts which are detached and separated from a motor vehicle and which remained on public or private property for a period of at least seven days.
(3) Shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own power in order to perform ordinary service or repair operations nor to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in wrecking or junking of motor vehicles.
(B) Leaving of wrecked, non-operating vehicles on street. No person shall leave any partially dismantled, non-operating, wrecked, or junked vehicle on any street or highway in the city.
(C) Inoperable vehicles declared to be a nuisance. Inoperable motor vehicles, as defined herein, whether on public or private property, are hereby declared to be a nuisance.
(D) Written notice. All persons are required to dispose of any inoperable motor vehicles under their control not more than seven days after written notice received from the City Council or from the Chief of Police or any member of the police department designated by him commanding such disposition of said inoperable motor vehicle. The city may remove any inoperable vehicle from public property without written notice in accordance with division (F) below.
(E) Moving the inoperable motor vehicle from one location to another location within the city shall not start a new seven-day period.
(F) Impoundment. The Chief of Police or any member of the police department designated by him is hereby authorized to remove or have removed an inoperable vehicle. When the inoperable vehicle is located on private property proper notice in accordance with this chapter shall be given to the owner of the property prior to removal. When the inoperable vehicle is located on public property, the Chief of Police or any member of the police department designated by him is hereby authorized to remove or have removed an inoperable vehicle without notice. Upon the failure of the owner of the vehicle or the owner or person in control of the property to remove the inoperable vehicle from private property within seven days from the date of the service of notice, the city shall remove said motor vehicle located thereon. Such vehicle shall be impounded until lawfully claimed or disposed of in accordance with §§ 90.03 through 90.09. The Chief of Police or any member of the police department designated by him may enter upon private property at all reasonable hours for the purpose of inspecting such vehicle, posting notice thereon, and removing and impounding such vehicle, and it shall be unlawful for any person to prevent the Chief of Police or his designee from entering on private property for purposes of carrying out his duties hereunder or to interfere with him in the lawful performance of his duties under the provisions of this section.
(Am. Ord. O-04-27, passed 10-25- 04; Am. Ord. O.20.01, passed 1-14-20) Penalty, see § 90.99
Statutory reference:
Authority to declare inoperable motor vehicles as nuisance, see ILCS Ch. 65, Act 5, § 11-40-3
Authority to impound hazardous dilapidated motor vehicles, see ILCS Ch. 65, Act 5, § 11-40-3.1