A motor vehicle, operated with the permission, expressed or implied, of the owner of record, shall be declared a public nuisance and shall be subject to seizure and impoundment under this chapter where such motor vehicle is used in the commission of any of the violations set forth in this section or when the commission of any of the violations set forth in this section makes impoundment of the motor vehicle reasonably necessary as a community caretaking function so that the motor vehicle does not jeopardize public safety and the efficient movement of vehicular traffic. It shall not be necessary for criminal charges to be filed, prosecuted, and/or proven in order to demonstrate that one or more of the following violations has/have been committed.
(A) A violation of ILCS Ch. 625, Act 5, § 6-303 (driving while driver's license, permit or privilege to operate a motor vehicle is suspended or revoked), as amended, except where said violation is in regard to a person whose driver's license, permit or privilege to operate a motor vehicle is suspended only for a violation of the emissions inspections laws as set forth in ILCS Ch. 625, Act 5, § 13C-1 et seq., as amended or for an unpaid citations (parking or moving).
(B) A violation of ILCS Ch. 625, Act 5, § 11-501 (driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof), as amended, or the stopping of a person against whom a warrant has been issued by a circuit court for failing to appear to answer charges that the person was:
(1) Operating a motor vehicle while that person’s license was suspended or revoked;
(2) Operating a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof; or
(3) Operating a motor vehicle without having a valid driver’s license or permit, in violation of ILCS Ch. 625, Act 5, § 6-101, as amended.
(C) A violation of ILCS Ch. 625, Act 5, § 11-204 (fleeing or attempting to elude a police officer, third of subsequent offense), as amended; ILCS Ch. 625, Act 5, § 11-204.1 (aggravated fleeing or attempting to elude a police officer), as amended.
(D) A violation of ILCS Ch. 625, Act 5, § 11-401 (motor vehicle accidents involving death or personal injuries), as amended; ILCS Ch. 625, Act 5, § 11-503(b-1) (reckless driving causing bodily harm to a child or a school crossing guard while the school crossing guard is performing his or her official duties), as amended; ILCS Ch. 625, Act 5, § 11-503(c) (aggravated reckless driving), as amended; ILCS Ch. 625, Act 5, § 1l-503(d) (aggravated reckless driving causing great bodily harm or permanent disability or disfigurement to a child or a school crossing guard while the school crossing guard is performing his or her official duties), as amended; ILCS Ch. 625, Act 5, § 11-506(d)(l) (street racing, second or subsequent offense), as amended; ILCS Ch. 625, Act 5, § 11-506(d)(3) (aggravated street racing), as amended.
(E) A violation of ILCS Ch. 625, Act 5, § 6-101 (drivers must have licenses or permits), as amended, except where the violation is for a license which has been expired for less than 12 months or for a license which is invalid because of curfew (as in the case of a graduated license).
(F) A violation of ILCS Ch. 720, Act 5, § 11-6 (indecent solicitation of a child), as amended; ILCS Ch. 720, Act 5, § 12-2 (aggravated assault), as amended; ILCS Ch. 720, Act 5, § 12-3.05 (aggravated battery), as amended; ILCS Ch. 720, Act 5, § 16-1 (theft), as amended; ILCS Ch. 720, Act 5, § 16-2 (theft of lost or mislaid property), as amended; ILCS Ch. 720, Act 5, § 16-3 (theft of labor or services or use of property), as amended; ILCS Ch. 720, Act 5, § 16-5 (theft from coin operated machine), as amended; ILCS Ch. 720, Act 5, § 16-18 (tampering with communication services; theft of communication services), as amended; ILCS Ch. 720, Act 5, § 16-25 (retail theft), as amended; ILCS Ch. 720, Act 5, § 18-1 (robbery), as amended; ILCS Ch. 720, Act 5, § 18-2 (armed robbery), as amended; ILCS Ch. 720, Act 5, § 19-1 (burglary), as amended; ILCS Ch. 720, Act 5, § 19-3 (residential burglary), as amended; ILCS Ch. 720, Act 5, § 20-1 (arson), as amended; ILCS Ch. 720, Act 5, § 20-1.1 (aggravated arson), as amended; ILCS Ch. 720, Act 5, § 20-2 (possession of explosives or explosive or incendiary devices), as amended; ILCS Ch. 720, Act 5, § 21-1 (criminal damage to property), as amended; or ILCS Ch. 720, Act 5, § 25-1 (mob action), as amended.
(G) Use of a motor vehicle to:
(1) Commit or attempt to commit a violation of the Cannabis Control Act, ILCS Ch. 720, Act 550, §§ 1 et seq., as amended;
(2) Commit or attempt to commit a violation of the Controlled Substances Act, ILCS Ch. 720, Act 570, §§ 100 et seq., as amended; or
(3) Solicit, possess, or attempt to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act, ILCS Ch. 720, Act 550, §§ 1 et seq., as amended, or the Illinois Controlled Substance Act, ILCS Ch. 720, Act 570, §§ 100 et seq., as amended.
(H) A violation of ILCS Ch. 720, Act 5, § 24-1 (unlawful use of weapons), as amended; ILCS Ch. 720, Act 5, § 24-1.5 (reckless discharge of a firearm), as amended; ILCS Ch. 720, Act 5, § 24-3.1 (unlawful possession of firearms and firearm ammunition), as amended; or ILCS Ch. 720, Act 5, § 24-3.3 (unlawful sale or delivery of firearms on the premises of any school), as amended; and all other offenses under Article 24 of the Criminal Code of 1961 (ILCS Ch. 720, Act 5, § 24-1, et seq.), as amended; however, this division shall not apply when any of the exemptions set forth in ILCS Ch. 720, Act 5, § 24-2, as amended, are met.
(I) A violation of ILCS Ch. 720, Act 5, § 11-14 (prostitution), as amended; ILCS Ch. 720, Act 5, § 11-14.1 (solicitation of a sexual act), as amended; ILCS Ch. 720, Act 5, § 11-14.3 (promoting prostitution), as amended; ILCS Ch. 720, Act 5, § 11-14.4 (promoting juvenile prostitution), as amended; ILCS Ch. 720, Act 5, § 11-18 (patronizing a prostitute, as amended; or ILCS Ch. 720, Act 5, § 11-18.1 (patronizing a juvenile prostitute), as amended.
(J) The motor vehicle is otherwise subject to seizure and impoundment pursuant to ILCS Ch. 720, Act 5, § 36-1 (seizure), as amended.
(Ord. 2684, passed 4-24-2017)