The Police Department may impound vehicles and cause vehicles to be towed where the impoundment is subject to a warrant or in the following instances, all of which are either specifically authorized by statute, or are hereby declared a public nuisance pursuant to the village's power to define, prevent and abate public nuisances pursuant to § 11-60-2 of the Illinois Municipal Code.
(A) 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 § 36-1 of the Criminal Code of 2012 [720 ILCS 5/36-1];
(B) Driving under the influence of alcohol, another drug or drugs, an intoxicating compound or compounds, or any combination thereof, in violation of § 11-501 of the Illinois Vehicle Code [625 ILCS 5/11-501];
(C) 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 [720 ILCS 550/1 et seq.];
(D) 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 [720 ILCS 570/100 et seq.];
(E) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of §§ 24-1, 24-1.5, or 24-3.1 of the Criminal Code of 1961 or the Criminal Code of 2012 [720 ILCS 5/24-1, 720 ILCS 5/24-1.5 or 720 ILCS 5/24-3.1];
(F) Driving while a driver's license, permit, or privilege to operate a motor vehicle is suspended or revoked pursuant to 625 ILCS 5/6-303; 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;
(G) 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;
(H) Operation or use of a motor vehicle with an expired driver's license, in violation of § 6-101 of the Illinois Vehicle Code [625 ILCS 5/6-101], if the period of expiration is greater than one year;
(I) Operation or use of a motor vehicle without ever having been issued a driver's license or permit, in violation of § 6-101 of the Illinois Vehicle Code, or operating a motor vehicle without ever having been issued a driver's license or permit due to a person's age;
(J) Ooperation 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 § 6-101, 6-303, or 11-501 of the Illinois Vehicle Code [625 ILCS 5/6-101, 625 ILCS 5/6-303 or 625 ILCS 5/11-501];
(K) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A Criminal Code of 2012 [720 ILCS 5/16-0.1 et seq.];
(L) Operation or use of a motor vehicle in the commission of, or in the attempt to commit, any other misdemeanor or felony offense in violation of the Criminal Code of 2012 [720 ILCS 5/1-1 et seq.];
(M) Operation or use of a motor vehicle in violation of § 11-503 of the Illinois Vehicle Code [625 ILCS 5/11-503]:
(1) While the vehicle is part of a funeral procession; or
(2) In a manner that interferes with a funeral procession; or
(N) Where authorized pursuant to the village's ordinances pertaining to abandoned and inoperable vehicles.
(Ord. 17-028, passed 10-16-2017)