(A) No person shall dump, deposit or place or cause to be dumped, deposited or placed on any lot or parcel of improved or unimproved real estate within the city the following materials: abandoned vehicles; ashes; construction or demolition debris; garbage; litter; manure; miscellaneous waste; refuse; trash; untrimmed tires; or any other substance that may contain disease and germs or may be scattered by the wind, or be decomposed, or become filthy, noxious or unhealthful; except when a permit is properly issued pursuant to the provisions of this code. Such dumping without a permit hereby is declared a nuisance.
(B) A motor vehicle that is used in the violation of this chapter or in violation of any paragraph of the state’s Environmental Protection Act, being 415 ILCS 5/1 et seq., and the Illinois Vehicle Code, being 625 ILCS 5/4-200 et seq., shall be subject to seizure and impoundment pursuant to state law.
(C) Whenever a police officer has probable cause to believe that a vehicle is subject to seizure and impoundment pursuant to this section, the police officer shall provide for the towing of the vehicle to a facility controlled by the city or its agents. When the vehicle is towed, the police officer shall notify the person who is found to be in control of the vehicle at the time of the alleged violation, if there is such a person, of the fact of the seizure and of the vehicle owner’s right to request a preliminary hearing to be conducted under this chapter.
(D) This section shall not apply if:
(1) The vehicle used in the violation was stolen at the time and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered;
(2) The vehicle is operating as a common carrier and the violation occurs without the knowledge of the person in control of the vehicle; or
(3) The alleged owner provides adequate proof that the vehicle had been sold to another person prior to the violation.
(Prior Code, § 73.06) (Ord. 05-O-1837, passed 7-3-2005) Penalty, see § 73.99