(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANTIQUE VEHICLE. A motor vehicle that is more than 25 years of age or a bona fide replica thereof and which is driven on the highways only going to and returning from an antique auto show or an exhibition, or for servicing or demonstration, or a firefighting vehicle more than 20 years old which is not used as firefighting equipment but is used only for the purpose of exhibition of demonstration.
DERELICT MOTOR VEHICLE. Any inoperable, unregistered, discarded motor vehicle, regardless of title, having lost its character as a substantial property and left unattended without justification on the owner’s land contrary to the public policy expressed in this section.
INOPERABLE MOTOR VEHICLE. Any motor vehicle from which, for a period of at least 30 days or any greater period fixed by ordinance, 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 power. INOPERABLE MOTOR VEHICLE shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. This definition of INOPERABLE MOTOR VEHICLE is taken from 65 ILCS 5/11-40-3.
MOTOR VEHICLE. Every vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except for vehicles moved solely by human power and motorized wheelchairs.
UNREGISTERED MOTOR VEHICLE. A motor vehicle that is not currently licensed or registered with the state or that is exempt from registration in the state under the provisions of 65 ILCS 5/3-402. By licensed or registered, reference is made to the license plate, tags or stickers for a license plate.
VEHICLE. Every device, in, upon or by which any person or property is or may be transported or drawn upon a street or highway, whether subject to or exempt from registration, except bicycles, snowmobiles and devices used exclusively upon stationary rails or tracks.
(B) Derelict motor vehicles.
(1) Prohibition against inoperable motor vehicle. It shall be unlawful for a person within the village limits to have an inoperable motor vehicle on property in his or her control or occupied by that person for a period in excess of 30 days after issuance and service of a written warning notice of violation of this section.
(a) Disposal of inoperable motor vehicle. The village shall have the right as provided in 65 ILCS 5/11-40-3 to dispose of any inoperable motor vehicle or part thereof after 30 days from the issuance and service of a written warning notice of violation as provided herein if there continues to exist a violation of division (B)(1) above.
(b) Exempt vehicles. Nothing in this section shall apply to any motor vehicle that is kept wholly 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 the wrecking or junking of motor vehicles. It shall not be a defense that any such inoperable vehicle is covered with a cloth, plastic, vinyl, canvas or any other type of vehicle covering, whatsoever.
(c) Notice.
1. For the purposes of this section, notice shall consist of the issuance and delivery of a written warning notice of violation of this section by a village police officer on any of the following: the owner of the property where the motor vehicle is located; any person over the age of 13 years of age residing at the property where the motor vehicle is located; or the owner of the motor vehicle, if known.
2. Said notice shall state that any such person is to dispose of any inoperable motor vehicles under his or her control, and that after 30 days from the issuance of the written warning notice, the Police Department of the village may remove any inoperable motor vehicle or parts thereof.
(d) Costs. The costs of towing, storage and processing for the removal and/or disposal of any inoperable motor vehicle may be satisfied from any of the following sources:
1. The vehicle;
2. The person owning the vehicle; or
3. The person having control of or possession of the property where the vehicle is removed from.
(e) Towing. The Mayor and Chief of Police of the village are also authorized to enter into a contract with a tow truck operator or junk yard operator to provide removal, storage and disposal services of inoperable motor vehicles removed and disposed of in accordance with this section at no cost to the village in exchange for the vehicle.
(2) Prohibition against unregistered motor vehicle. It shall be unlawful for a person to have an unregistered motor vehicle in view of the general public within the village limits on property in his or her control or occupied by that person for a period in excess of 30 days after issuance and service of a written warning notice of violation of this section.
(a) Exempt vehicles.
1. Nothing in this section shall apply to any motor vehicle that is kept wholly within a building when not in use, to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles, or to a motor vehicle that is exempt from registration under 625 ILCS 5/3-402 or any section subsequently enacted with the same purpose.
2. Having a motor vehicle currently registered with the state or which is exempt from registration under 625 ILCS 5/3-402 shall be a defense to this section of this section. It shall not be a defense that any such inoperable vehicle is covered with a cloth, plastic, vinyl, canvas or any other type of vehicle covering, whatsoever.
(b) Notice.
1. For the purposes of this section, notice shall consist of the issuance and service of a written warning notice of violation of this section by a village police officer on any of the following: the owner of the property where the motor vehicle is located; any person over the age of 13 years of age residing at the property where the motor vehicle is located; or the owner of the motor vehicle, if known. Such written notice shall constitute service.
2. Said notice shall state that any such person is to register the motor vehicles with the state, and that after 30 days from the issuance of the written warning notice, the person receiving the notice shall be subject to penalties as set forth herein.
(C) Exclusions. The provisions of this section shall not apply to vehicles owned by persons who are on active duty in service of the Armed Forces of the United States.
(Ord. 2009-1, passed 1-7-2009) Penalty, see § 174.99