For the purpose of this subchapter the following definitions shall apply unless the context clearly indicates or requires a different meaning. If the term is not defined in this section or any other section of this title, it shall have the meaning ascribed in ILCS Ch. 625.
"ABANDONED VEHICLE."
(1) A vehicle parked or otherwise located on the public way and:
(a) Is in such a state of disrepair that it is incapable of being driven.
(b) Has been unmoved for a period of at least seven days and from its condition, the period during which it has not been moved or some other circumstance appears to have been abandoned by its owner.
(2) Vehicles parked in a public parking lot without consent of the lot owner, proprietor, or agent of the property, which person has requested that the vehicle be towed.
(3) A vehicle defined as abandoned, or capable of being towed, by any other ordinances of the village, and which does not fall into the categories of "HAZARDOUS VEHICLES" or "UNLAWFUL VEHICLES", and therefore is not subject to an immediate tow.
"HAZARDOUS VEHICLE."
(1) A vehicle that has been involved in an accident and is disabled or cannot be immediately moved by the owner or operator of the vehicle.
(2) A vehicle that presents an immediate danger to the health or welfare of the members of the public.
(3) A vehicle abandoned or disabled on a public street, way, or alley that is impeding the orderly flow of traffic or poses a potential danger to pedestrians and other operators of vehicles either by its location, condition or appearance.
(4) A vehicle that must be moved to allow for proper municipal snow removal from a public street, way, or alley.
“OWNER.” A person who holds legal title to the vehicle, or the right of possession of the vehicle.
"UNLAWFUL VEHICLE."
(1) A vehicle that has been reported stolen or is the subject of a search and seizure by the Police Department.
(2) A vehicle parked in violation of state statutes or ordinances of the village which prohibit parking at the location in question or for the period of time for which the vehicle has been parked, and where either the statute or the ordinance authorize the vehicle to be towed and the signs posted at or near the general location in question note that fact.
(3) A vehicle towed incident to arrest.
(4) A vehicle that is used in connection with any of the following:
(a) The commission or attempted commission of any criminal offense classified as a Class A misdemeanor under the Illinois Criminal Code, 720 ILCS 5/1-1 et seq. or the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq. or any corresponding violation of the municipal code.
(b) The commission or attempted commission of any criminal offense classified as a felony under the Illinois Criminal Code, 720 ILCS 5/1-1 et seq or the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq.
(c) Where an outstanding warrant has been issued for the driver, whether the warrant is for failure to appear in court, or for initial charges, including both felony and misdemeanor charges.
(d) Operation or use of a vehicle in violation of 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.
(e) 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 violations referenced in divisions (4)(a) through (4)(d) above has/have been committed.
“VEHICLE.” Any device in, upon, or by which any person or property is or may be transported or drawn (e.g. trailers and other pulled devices) upon a street, highway, or any public way.
(Ord. 84-0-014, passed 6-12-84; Am. Ord. 2020-O-059, passed 9-15- 20)