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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABANDONED VEHICLE. All motor vehicles or other vehicles in a state of disrepair rendering the vehicle incapable of being driven in its condition; or any motor vehicle or other vehicle that has not been removed or used for 48 consecutive hours or more and is apparently deserted.
ANTIQUE VEHICLE. Any motor vehicle or other vehicle 25 years of age or older.
DISABLED MOTOR VEHICLE. In addition to and not in lieu of the other definitions in this section, DISABLED MOTOR VEHICLE shall be any motor vehicle, as defined in § 70.01, which is incapable of being driven lawfully upon the highways and roads of the State of Illinois. To be considered incapable of being lawfully driven upon the highways and roads of this state, the vehicle must have the required equipment in proper working order, must be properly registered and be insured as required by the Illinois Vehicle Code as now in force and hereafter amended.
HIGHWAY. Any street, alley, or public way within the city.
('72 Code, § 95.010) (Ord. 17-509, passed 2-18-74; Am. Ord. passed 1-4-82; Am. Ord. 08-02, passed 1-7-08)
The abandonment of a motor vehicle or any part thereof on any highway in this municipality is unlawful and subject to penalties as set forth in § 90.99. The abandonment of a motor vehicle or other vehicle or any part thereof on private or public property, other than a highway, in view of the general public, anywhere in this municipality is unlawful. A motor vehicle or other vehicle or any part thereof so abandoned on private property may be authorized for removal by or upon the order of the Chief of Police, after a waiting period of 48 hours or more has expired.
('72 Code, § 95.011) (Ord. 17-509, passed 2-18-74; Am. Ord. passed 1-4-82) Penalty, see § 90.99
Cross reference:
Courtesy Citation Program, see § 34.30
When an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in this state, not the owner of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the municipality. Upon receipt of such notification, the Chief of the Police Department shall authorize a towing service to remove and take possession of the abandoned, lost, stolen or unclaimed motor vehicle or other vehicle. The towing service will safely keep the towed vehicle and its contents and maintain a record of the tow until the vehicle is claimed by the owner or any other person legally entitled to possession thereof, or until it is disposed of as provided in this chapter.
('72 Code, § 95.012) (Ord. 17-509, passed 2-18-74)
(A) When a motor vehicle or other vehicle is abandoned on a highway in this municipality 48 hours or more, its removal by a towing service may be authorized by order of the Chief of the Police Department.
(B) When an abandoned, unattended, wrecked, burned or partially dismantled motor vehicle or other vehicle is creating a traffic hazard because of its position in relation to the highway or its physical appearance is causing the impeding of traffic, its immediate removal from the highway by a towing service may be authorized by order of the Chief of the Police Department.
(C) When a vehicle removed from either public or private property is authorized by order of the Chief of the Police Department, the owner of the vehicle will be responsible for all towing costs.
('72 Code, § 95.013) (Ord. 17-509, passed 2-18-74; Am. Ord. passed 1-4-82) Penalty, see § 90.99
(A) When a motor vehicle or other vehicle is authorized to be towed away, the Police Department shall keep and maintain a record of the vehicle towed, listing the color, year of manufacture, manufacturer's trade name, manufacturer's series name, body style, vehicle identification number and license plate year and number displayed on the vehicle. The record shall also include the date and hour of tow, location towed from, location towed to, reason for towing and the name of the officer authorizing the tow.
(B) When the Police Department does not know the identity of the registered owner or other legally entitled person, they will cause the motor vehicle registration records of the state to be searched by a directed communication to the secretary of state for the purpose of obtaining the required ownership information.
(C) The Police Department will cause the stolen motor vehicle files of the State Police to be searched by a directed communication to the State Police for stolen or wanted information on the vehicle. When the State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the State Police. The information determined from these record searches will be used by the Police Department in sending a notification by certified mail to the owner or legally entitled person advising where the vehicle is held, requesting a disposition to be made and setting forth public sale information.
(D) When the registered owner or other person legally entitled to the possession of a motor vehicle or other vehicle cannot be identified from the registration files of a foreign state, if applicable, the Police Department shall notify the State Police for the purpose of identifying the vehicle's owner or other person legally entitled to the possession of the vehicle. The information obtained by the State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of owner.
(E) When a motor vehicle or other vehicle in the custody of the Police Department is reclaimed by the registered owner or other legally entitled person, or when the vehicle is sold at public sale or otherwise disposed of as provided in this section, a report of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal.
('72 Code, § 95.014) (Ord. 17-509, passed 2-18-74) Penalty, see § 90.99
(A) No person shall keep or allow to be kept within any residential neighborhood in the corporate limits of the city any disabled motor vehicle for more than ten consecutive days unless said vehicle is kept out of public view.
(B) Any person guilty of a violation of this section shall be fined not less than $50 nor more than $750 for any one offense. A separate offense is committed upon each day such violation continues.
(Ord. 08-02, passed 1-7-08)
DISPOSITION OF VEHICLES
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