428.02 PUBLIC NUISANCE DECLARED.
   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, and/or proven in order to demonstrate that one or more of the following violations has/have been committed:
   (a)   A violation of:
      (1)   625 ILCS 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 inspection laws as set forth in 625 ILCS 5/13C-1, et seq., as amended or for an unpaid citation (parking or moving);
      (2)   625 ILCS 5/11-204(c) (Fleeing or Attempting to Elude a Police Officer, Third or Subsequent Offense), as amended;
      (3)   625 ILCS 5/11-204.1 (Aggravated Fleeing or Attempting to Elude a Police Officer), as amended;
      (4)   625 ILCS 5/11-401 (Motor Vehicle Accidents Causing Death or Personal Injury), as amended;
      (5)   625 ILCS 5/11-501 (Driving Under the Influence of Alcohol, Other Drug or Drugs, Intoxicating Compound or Compounds or any Combination Thereof), as amended;
      (6)   625 ILCS 5/11-503(b-1) (Reckless Driving Causing Bodily Harm to a Child or a School Crossing Guard), as amended;
      (7)   625 ILCS 5/11-503(c) (Aggravated Reckless Driving), as amended;
      (8)   625 ILCS 5/11-503(d) (Reckless Driving Causing Great Bodily Harm or Permanent Disability or Disfigurement to a Child or a School Crossing Guard), as amended;
      (9)   625 ILCS 5/11-506(d)(1) (Street Racing, Second or Subsequent Offense), as amended;
      (10)   625 ILCS 5/11-506(d)(3) (Aggravated Street Racing), as amended;
   (b)   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 in violation of 625 ILCS 5/6-303, as amended;
      (2)   Operating a motor vehicle while under the influence of alcohol, other drug or drugs, intoxicating compound or compounds or any combination thereof in violation of 625 ILCS 5/11-501, as amended; or
      (3)   Operating a motor vehicle without having a valid driver's license or permit, in violation of 625 ILCS 5/6-101, as amended;
   (c)   A violation of:
      (1)   720 ILCS 5/11-6 (Indecent Solicitation of a Child), as amended;
      (2)   720 ILCS 5/12-2 (Aggravated Assault), as amended;
      (3)   720 ILCS 5/12-3.05 (Aggravated Battery), as amended;
      (4)   720 ILCS 5/16-1 (Theft), as amended;
      (5)   720 ILCS 5/16-2 (Theft of Lost or Mislaid Property), as amended;
      (6)   720 ILCS 5/16-3 (Theft of Labor or Services or Use of Property), as amended;
      (7)   720 ILCS 5/16-5 (Theft from Coin Operated Machine), as amended;
      (8)   720 ILCS 5/16-18 (Tampering with Communication Services; Theft of Communication Services), as amended;
      (9)   720 ILCS 5/16-25 (Retail Theft), as amended;
      (10)   720 ILCS 5/18-1 (Robbery), as amended;
      (11)   720 ILCS 5/18-2 (Armed Robbery), as amended;
      (12)   720 ILCS 5/19-1 (Burglary), as amended;
      (13)   720 ILCS 5/19-3 (Residential Burglary), as amended;
      (14)   720 ILCS 5/20-1 (Arson), as amended;
      (15)   720 ILCS 5/20-1.1 (Aggravated Arson), as amended;
      (16)   720 ILCS 5/20-2 (Possession of Explosives or Explosive or Incendiary Devices), as amended;
      (17)   720 ILCS 5/21-1 (Criminal Damage to Property), as amended; or
      (18)   720 ILCS 5/25-1 (Mob Action), as amended;
   (d)   Use of a motor vehicle to:
      (1)   Commit or attempt to commit a violation of the Cannabis Control Act 720 ILCS 550/1 et seq., as amended;
      (2)   Commit or attempt to commit a violation of the Illinois Controlled Substances Act 720 ILCS 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 720 ILCS 550/1 et seq., as amended, or the Illinois Controlled Substance Act, 720 ILCS 570/100 et seq., as amended;
   (e)   A violation of:
      (1)   720 ILCS 5/24-1 (Unlawful Use of Weapons), as amended;
      (2)   720 ILCS 5/24-1.5 (Reckless Discharge of a Firearm), as amended;
      (3)   720 ILCS 5/24-3.1 (Unlawful Possession of Firearms and Firearm Ammunition), as amended; or
      (4)   720 ILCS 5/24-3.3 (Unlawful Sale or Delivery of Firearms on the Premises of any School), as amended;
   This subsection shall not apply when any of the exemptions set forth in 720 ILCS 5/24-2, as amended, are met;
   (f)   A violation of:
      (1)   720 ILCS 5/11-14 (Prostitution), as amended;
      (2)   720 ILCS 5/11-14.1 (Solicitation of a Sexual Act), as amended;
      (3)   720 ILCS 5/11-14.3 (Promoting Prostitution), as amended;
      (4)   720 ILCS 5/11-14.4 (Promoting Juvenile Prostitution), as amended;
      (5)   720 ILCS 5/11-18 (Patronizing a Prostitute), as amended; or
      (6)   720 ILCS 5/11-18.1 (Patronizing a Juvenile Prostitute), as amended;
   (g)   The motor vehicle is otherwise subject to seizure and impoundment pursuant to 720 ILCS 5/36-1 (Seizure), as amended; or
   (h)   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 twelve months or less or for a license which is invalid because of curfew (as in the case of a graduated license).
(Ord. 2011-31. Passed 7-11-11; Ord. 2012-06. Passed 2-27-12.)