(A) Use in connection with illegal activity.
(B) In addition to the authority given by § 76.02 of this chapter, and in the exercise of its police powers, and its authority to define and abate nuisances under § 11-60-2 of the Municipal Code (ILCS Ch. 65, Act 5, § 11-60-2), the village hereby declares that the use of motor vehicles in connection with certain criminal and traffic offenses enumerated in this section constitutes a public nuisance. Except as otherwise provided, the village may seize and impound any motor vehicle that is operated with the permission, express or implied, of the owner of record (“owner”) in connection with any of the enumerated violations set forth below if that violation prevents the driver from lawfully operating the vehicle or if a police officer determines that seizure and impoundment of the vehicle is reasonably necessary as a community caretaking function so that the vehicle does not jeopardize public safety and the efficient movement of vehicular traffic. The violations for which seizure and impoundment is authorized in this section are the commission or attempted commission of the following:
(1) Driving with a suspended or revoked license in violation of ILCS Ch. 625, Act 5, § 6-303, except where the suspension is for an unpaid citation (parking or moving) or due to failure to comply with emission testing.
(2) Driving under the influence of drugs or alcohol in violation of ILCS Ch. 625, Act 5, § 11-501(a).
(3) Driving without a valid driver’s license in violation of ILCS Ch. 625, Act 5, § 6-101(a), except to the extent that:
(a) The person had a valid driver’s license that is expired for less than 12 months; or
(b) The person is less than 17 years of age and operating a motor vehicle on any street or highway in violation of the village curfew provisions set forth in § 132.02.
(4) Fleeing or attempting to elude a peace officer in violation of ILCS Ch. 625, Act 5, § 11-204.
(5) Street racing in violation of ILCS Ch. 625, Act 5, § 11-506.
(6) Illegal transportation or possession of alcoholic liquor in violation of ILCS Ch. 625, Act 5, § 11-502(a).
(7) Operating or using a vehicle in connection with the commission of the unlawful use of a weapon in violation of any provision of Article 24 of the Illinois Criminal Code of 1961 or the Illinois Criminal Code of 2012 (ILCS Ch. 720, Act 5, §§ 24-1 et seq.), as amended, or Chapter 44, Title 18 of the United States Code, as amended, 18 U.S.C. § 921 et seq., or similar local ordinance.
(8) Operation or use of a motorvehicle while soliciting, possessing or attempting to solicit or possess cannabis, in violation of the Illinois Cannibis Control Act, ILCS Ch. 720, Act 550, § 4(d), (e), (f) and (g).
(9) Operation or use of a motor vehicle while soliciting, possessing or attempting to solicit or possess a controlled substance in violation of the Illinois Controlled Substance Act, ILCS Ch. 720, Act 570, §§ 101 et seq., ILCS Ch. 720, Act 570, § 401, ILCS Ch. 720, Act 570, § 401.1 or ILCS Ch. 720, Act 570, § 402, or drug paraphernalia, as such term is defined in ILCS Ch. 720, Act 600, § 2.
(10) Operating a motor vehicle in the commission or attempted commission of any offense for which a motor vehicle may be seized and forfeited pursuant to ILCS Ch. 720, Act 5, § 36-1.
(11) Using a motor vehicle in connection with the commission of any offense for which a motor vehicle may be impounded pursuant to ILCS Ch. 720, Act 5, § 36.5-5.
(12) Driving or using 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 the offenses of:
(a) Driving while license is revoked or suspended (ILCS Ch. 65, Act 5, § 6-303;
(b) Driving without a valid driver’s license (ILCS Ch. 625, Act 5, § 6-101; or
(c) Driving under the influence of alcohol, other drugs, intoxicating compound(s) or any combination thereof (ILCS Ch. 625, Act 5, § 11-501).
(13) Driving or using a motor vehicle in the commission of, or in the attempt to commit, an offense in violation of Article 16 or 16A of the Criminal Code of 1961 or the Criminal Code of 2012, as amended (ILCS Ch. 720, Act 5, §§ 16-0.1 et seq.) when so provided by local ordinance.
(14) Any other misdemeanor or felony offense in violation of the Illinois Criminal Code of 1961 or Criminal Code of 2012 (ILCS Ch. 720, Act 5) when so provided by local ordinance.
(15) Operating or using a vehicle in violation of ILCS Ch. 625, Act 5, § 11-503:
(a) While the vehicle is part of a funeral procession; or
(b) In a manner that interferes with a funeral procession.
(Ord. 2010-04, passed 1-4-10; Am. Ord. 2016-42, passed 9-6-16; Am. Ord. 2016-64, passed 12-5-16)