§ 76.01 NUISANCE DECLARED; IMPOUNDMENT OF VEHICLES.
   (A)   Any motor vehicle used in connection with the following offenses shall be declared a public nuisance and subject to seizure and impoundment under this chapter:
      (1)   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense for which a motor vehicle may be seized and forfeited pursuant to Section 36-1 of the Criminal Code of 2012;
      (2)   Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of Section 11-501 of the Criminal Code;
      (3)   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, a felony or in violation of the Cannabis Control Act;
      (4)   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of the Illinois Controlled Substances Act;
      (5)   Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Section 24-1, 24-1.5, or 24-3.1 of the Criminal Code of 1961 or the Criminal Code of 2012;
      (6)   Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to Section 6-303 of the Illinois Municipal Code; except that vehicles shall not be subjected to seizure or impoundment if the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing;
      (7)   Operation or use of a motor vehicle while soliciting, possessing, or attempting to solicit or possess cannabis or a controlled substance, as defined by the Cannabis Control Act or the Illinois Controlled Substances Act;
      (8)   Operation or use of a motor vehicle with an expired driver's license, in violation of Section 6-101 of the Illinois Municipal Code, if the period of expiration is greater than one year;
      (9)   Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of Section 6-101 of the Illinois Municipal Code, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age;
      (10)   Operation or use of a motor vehicle by a person against whom a warrant has been issued by a circuit clerk in Illinois for failing to answer charges that the driver violated Section 6-101, 6-303, or 11-501 of the Illinois Municipal Code; or
      (11)   Operation or use of a motor vehicle in the commission of or in the attempt to commit a felony offense in violation of the Criminal Code of 1961 or the Criminal Code of 2012, when so provided by local ordinance; or
      (12)   Operation or use of a motor vehicle in violation of Chapter 118 of this code.
   (B)   The provisions of the Illinois Municipal Code, ILCS Ch. 625, Act 5, § 11-208.7, are incorporated into this section, and any future amendments to the enabling statute are to be deemed part of this section. A hearing shall be available to any person whose vehicle is towed as provided in Chapter 71.
(Ord. 08-751, passed 1-9-08; Am. Ord. 17-016, passed 6-7-17; Am. Ord. 24-001, passed 1-3-24)