A motor vehicle, operated with the permission, express 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, or proven in order to demonstrate that one or more of the following violations has/have been committed:
(A) A violation of Chapter 77 (Driving Under the Influence of Alcohol; Driving While License Suspended), or Chapter 138 (Weapons) of this code, as amended from time to time;
(B) 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 the 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 inspection laws as set forth in ILCS Ch. 625, Act 5, §§ 13C-1 et seq., as amended;
(C) A violation of ILCS Ch. 625, Act 5, § 11 -204 (Fleeing or Attempting to Elude a Peace Officer), as amended; ILCS Ch. 625, Act 5, § 11-401 (Motor Vehicle Accidents Involving Death or Personal Injuries), as amended; ILCS Ch. 625, Act 5, § 11-402 (Motor Vehicle Accident Involving Damage to Vehicle), as amended; ILCS Ch. 625, Act 5, § 11-403 (Duty to Give Information and Render Aid), as amended; ILCS Ch. 625, Act 5, § 11-404 (Duty Upon Damaging Unattended Vehicle or Other Property), as amended; ILCS Ch. 615, Act 5, § 11-501 (Driving Under the Influence of Alcohol, Other Drug or Drugs, Intoxicating Compound or Compounds or any Combination Thereof), as amended; ILCS Ch. 625, Act 5, § 11-503 (Reckless Driving or Aggravated Reckless Driving), as amended; or ILCS Ch. 625, Act 5, § 11-506 (Street Racing), 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 (a) operating a motor vehicle while that person’s license was suspended or revoked, or (b) operating a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof;
(D) 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, § 2-4 (Aggravated Battery), as amended; current state law (Aggravated Battery with a Firearm), as amended; current state law (Aggravated Battery of a Child), as amended; current state law (Aggravated Battery of a Senior Citizen), as amended; current state law (Retail Theft), as amended, when the value of the merchandise exceeds $150; 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;
(E) A violation of ILCS Ch. 720, Act 570, § 401 (Manufacture or Delivery of a Controlled Substance), as amended; ILCS Ch. 720, Act 570, § 401.1 (Controlled Substance Trafficking), as amended; or ILCS Ch. 720, Act 570, § 402 (Possession of a Controlled Substance), as amended;
(F) A violation of ILCS Ch. 720, Act 550, § 4(d) (Possession of More than 100 Grams of Any Substance Containing Cannabis ), as amended; ILCS Ch. 720, Act 550, § 5 (Manufacture or Delivery of Cannabis), as amended; ILCS Ch. 720, Act 550, § 5.1 (Cannabis Trafficking), as amended; ILCS Ch. 720, Act 550, § 5.2 (Delivery of Cannabis on School Grounds), as amended; or ILCS Ch. 720, Act 550, § 8 (Unauthorized Production or Possession of Cannabis Sativa Plant), as amended;
(G) A violation of ILCS Ch. 720, Act 5, § 24-1 (Unlawful Use of Weapons), 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; however, this subsection shall not apply when any of the exemptions set forth in ILCS Ch. 720, Act 5, § 24-2, as amended, are met;
(H) A violation of ILCS Ch. 720, Act 5, § 11-14 (Prostitution), as amended; 720 5, § 11-14.1 (Solicitation of a Sexual Act), as amended; ILCS Ch. 720, Act 5, § 11-15 (Soliciting for a Prostitute), as amended; ILCS Ch. 720, Act 5, § 11-15.1 (Soliciting for a Juvenile Prostitute), 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;
(I) The motor vehicle is otherwise subject to seizure and impoundment pursuant to ILCS Ch. 720, Act 5, § 36-1 (Seizure), as amended; or
(J) A violation of 625 ILCS 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).
(K) A violation of ILCS Ch. 625, Act 5, § 6-501 (Commercial Drivers - Permitted Only Driver's License);
(L) A violation of ILCS Ch. 625, Act 5, § 6-507(a) (Operating a Commercial Motor Vehicle on a Highway Without: (1) a CDL in the Driver's Possession; (2) Having Obtained a CDL; or (3) the Proper Class of CDL Classification or Endorsement); or
(M) A violation of ILCS Ch. 625, Act 5, § 6-507(b) (Driving a Commercial Vehicle on a Highway While the Driver's Driving Privileges Are: Suspended, Revoked, Cancelled, Subject to Disqualification, or Subject to or in Violation of an “Out-of-service-order”).
(Ord. 09-23, passed 11-10-09; Am. Ord. 11-24, passed 10-11-11; Am. Ord. 20-18, passed 5-26-20)
Editor’s note:
ILCS Ch. 720, Act 5, § 16A-3 (Retail Theft) was repealed by P.A. 97-597, eff. 1-1-12.