[HISTORY: Adopted by the City Council of the City of Lexington 2-23-1998 by Ord. No. 1998-3 (Ch. 15, §§ 15.15, 15.16, and 15.17, of the 1998 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Junk and junk dealers — See Ch. 91.
Nuisances — See Ch. 118.
Peace and good order — See Ch. 135.
Trailer coaches — See Ch. 218.
Vehicles and traffic — See Ch. 240.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
ABANDONED VEHICLE
Any motor vehicle or other vehicle 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 moved or used for seven consecutive days or more and is apparently deserted.
ANTIQUE VEHICLE
Any motor vehicle or other vehicle more than 25 years of age.
[Amended 6-14-2010 by Ord. No. 2010-4]
HIGHWAY
Any street, alley, or public way within the City.
B. 
Abandonment prohibited. The abandonment of a motor vehicle or other vehicle or any part thereof on any highway in this City is unlawful and subject to penalties for violation of this chapter. 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 the City is unlawful except on property of the owner or bailee of such abandoned vehicle. 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 seven days or more has expired.
C. 
Notifying police. When an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle comes into the temporary possession or custody of a person in the City, not the owner of the vehicle, such person shall immediately notify the Police Department when the vehicle is within the corporate limits of the City. Upon receipt of such notification, the Chief of Police 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 section.
D. 
Removing vehicle.
(1) 
When a motor vehicle or other vehicle is abandoned on a highway in the City for 10 hours or more, its removal by a towing service may be authorized by order of the Chief of Police. 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 Police. When a vehicle removed from either public or private property is authorized by order of the Chief of Police, the owner of the vehicle will be responsible for all towing costs.
(2) 
Vehicles removed from public or private property and stored by a commercial vehicle relocator or any other towing service in compliance with this section shall be subject to a possessory lien for services pursuant to and limited by the provisions of 625 ILCS 5/4-201 et seq.
E. 
Record of tows. 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.
F. 
Search for owner. When the Police Department does not know the identity of the registered owner or other legally entitled person, it will cause the motor vehicle registration records of the State of Illinois to be searched by a directed communication to the Secretary of State for the purpose of obtaining the required ownership information.
(1) 
The Police Department shall cause the stolen motor vehicle files of the Illinois State Police to be searched by a directed communication to the Illinois State Police for stolen or wanted information on the vehicle. When the Illinois State Police files are searched with negative results, the information contained in the National Crime Information Center (NCIC) files will be searched by the Illinois 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 be made and setting forth public sale information.
(2) 
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 this state or from the registration files of a foreign state, if applicable, the Police Department shall notify the Illinois 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 Illinois State Police will be immediately forwarded to the law enforcement agency having custody of the vehicle for notification of owner.
G. 
Release necessary to obtain a towed vehicle. To obtain a vehicle which has been towed pursuant to any provisions of the Lexington City Code, the owner or the person having the right to possession of the vehicle must first obtain a release from the Lexington Police Department. A release may be obtained from the Lexington Police Department by showing proof of ownership or proof of the right of possession of the vehicle and paying a fee as set forth in Chapter 63, Fees. After a person has obtained a release, the person may take it to the storage facility during regular business hours and provide it to the owner or manager thereof to obtain the vehicle. After all costs of the towing removal and storage have been paid, unless they have already been paid at City Hall, the vehicle may be obtained from the storage facility. All such removal and storage costs must be paid by the owner of the vehicle or the person having the right to possession of the vehicle, and if they are not so paid within a reasonable time, they may be paid by the sale of the vehicle in accordance with existing law.
[Amended 11-24-1986 by Ord. No. 1986-11; 6-14-2010 by Ord. No. 2010-4]
H. 
Sale of vehicle.
(1) 
Whenever an abandoned, lost, stolen or unclaimed motor vehicle or other vehicle, seven years of age or newer, remains unclaimed by the registered owner or other person legally entitled to its possession for a period of 30 days after notice has been given as provided herein, the Police Department shall cause it to be sold at public sale to the highest bidder. Notice of the time and place of sale shall be posted in a conspicuous place for at least 10 days prior to the sale on the premises where the vehicle has been impounded. At least 10 days prior to the sale, the Police Department shall cause a notice of the time and place of the sale to be sent by certified mail to the registered owner or other person known by the Police Department or towing service to be legally entitled to the possession of the vehicle. Such notice shall contain a complete description of the vehicle to be sold and what steps must be taken by any legally entitled person to reclaim the vehicle. In those instances where the certified notification specified herein has been returned by the postal authorities to the Police Department due to the addressee having moved, or being unknown at the address obtained from the registration records of this state, the sending of a second certified notice will not be required.
(2) 
Unidentified owner. When the identity of the registered owner or other person legally entitled to the possession of an abandoned, lost or unclaimed vehicle of seven years of age or newer cannot be determined by any means provided for in this section, the vehicle may be sold as provided herein or disposed of in the manner authorized by this section without notice to the registered owner or other person legally entitled to the possession of the vehicle.
(3) 
When an abandoned vehicle or more than seven years of age is impounded as specified by this section, it will be kept in custody for a minimum of 10 days for the purpose of determining ownership, the contacting of the registered owner by the U.S. mail, public service, or in person for a determination of disposition, and an examination of the Illinois State Police stolen motor vehicle files for theft and wanted information. At the expiration of the ten-day period, without the benefit of disposition information being received from the registered owner, the Chief of Police shall authorize the disposal of the vehicle as junk only.
(4) 
A motor vehicle or other vehicle classified as an antique vehicle is excluded from this subsection.
I. 
Records. 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 record of the transaction will be maintained by the Police Department for a period of one year from the date of the sale or disposal.
J. 
Disposition of proceeds. When a vehicle located within the City is authorized to be towed away by the Chief of Police and disposed of as set forth in this section, the proceeds of the public sale or disposition after the deduction of towing, storage and processing charges shall be deposited in the City treasury.
K. 
Liability. No police officer, towing service owner, operator, or employee shall be held to answer to be liable for damages in any action brought by the registered owner, former registered owner, or his legal representative, or any other person legally entitled to the possession of a motor vehicle or other vehicle when the vehicle was processed and sold or disposed of as provided by this section.
[Added 11-9-2015 by Ord. No. 2015-10[1]]
A. 
The following definitions shall apply in the interpretation and enforcement of this section:
INOPERABLE MOTOR VEHICLE
Any motor vehicle from which, for a period of seven days, the engine, wheels, or other parts have been removed, or on which the engine, wheels or other parts have been altered, damaged, or otherwise so treated that the vehicle is incapable of being driven under its own power. "Inoperable motor vehicle" shall not include any motor vehicle that has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations. However, a motor vehicle upon which repairs or services are not concluded within seven days from the date of the notice specified in Subsection C of this section shall not be deemed to be "rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations" and shall be construed to be an inoperable motor vehicle.
MOTOR VEHICLE NOT REGULARLY USED
Any motor vehicle which has not been driven off the premises where it is parked or stored under its own motor power for a period longer than four months; is not registered, licensed or properly displaying registration plates or stickers as required under Article IV of Chapter 3 of the Illinois Vehicle Code; or exhibits damaged parts or parts in disrepair, including, but not limited to, broken and missing windows, body panels with holes, and fluid leaks, which pose an open threat of injury or contamination for a period longer than 14 days.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a street or highway, whether subject to or exempt from registration; excepting, however, bicycles, snowmobiles and devices used exclusively upon stationary rails or tracks.
B. 
It is hereby declared a menace to the public safety and a nuisance for any person to cause, permit or allow the existence of any inoperable motor vehicle, any motor vehicle not regularly used, or any parts of a motor vehicle to exist or to be stored upon any public or private property in view of the general public; provided, however, that nothing in this section shall apply to any motor vehicle or part thereof which is kept in a building, or to a motor vehicle or parts thereof completely on the premises of a duly licensed junkyard or automobile wrecking yard, as defined by § 300-53B(22) of this Code.
C. 
Whenever any police officer determines that a nuisance as declared in this section exists, the police officer shall cause a written notice to abate to be served upon the person who is causing, permitting or allowing the nuisance to exist, Said notice shall give the person seven days from the date of service of the notice to abate the nuisance. Such notice shall be by means of personal service or by certified or registered mail. Personal service shall be by a police officer of the City of Lexington Police Department or any person authorized by law to make personal service.
D. 
Any person who shall cause, permit or allow such a nuisance to continue to exist after the expiration of seven days from the date of the notice to abate shall, upon conviction thereof, be subject to a penalty of not less than $100 nor more than $750 for each such offense. Each day that such nuisance continues or exists after the expiration of the aforesaid seven days shall be deemed to be a separate offense. Further, each such inoperable motor vehicle shall constitute a separate offense.
E. 
Whenever any person causes, permits or allows such a nuisance to continue or exist after the expiration of seven days from the service of the notice to abate, the City may, at its option, cause the abatement of the nuisance specified in this section by the same method of disposal of abandoned vehicles provided in § 234-1 of this chapter. Nothing in this section shall be construed as imposing upon the City a duty to abate the nuisance specified in this section. The action authorized by this section shall be in addition to and without waiver to any other remedies.
F. 
A person shall fall within the class of persons who shall be deemed to cause, permit or allow such a nuisance to exist if such person:
(1) 
Has an ownership interest in the inoperable motor vehicle;
(2) 
Causes the inoperable motor vehicle to be deposited at the site in question;
(3) 
Has an ownership or possessory interest in the real estate upon which the inoperable motor vehicle is located;
(4) 
Has an ownership interest in or operates a business which causes, permits or allows such a nuisance to exist on the real estate upon which the business is operated or on adjacent real estate which is under the control of the business owner or operator; or
(5) 
Has an ownership or possessory interest in the real estate upon which a business is being operated and the operator or owner of said business causes, permits or allows such a nuisance to exist on the real estate upon which the business is being operated or on adjacent real estate which is under the control of the person having an ownership or possessory interest in real estate upon which said business is being operated.
[1]
Editor's Note: This ordinance also repealed former § 234-2, Unlicensed, unregistered or inoperable motor vehicles on private property, added 12-4-1986 by Ord. No. 1986-12, as amended.
[1]
Editor's Note: Former § 234-3, Inoperable motor vehicles, added 4-11-1998 by Ord. No. 1988-2, as amended, was repealed 11-9-2015 by Ord. No. 2015-10. See now § 234-2.
[Added 5-9-1988 by Ord. No. 1988-4; amended 6-14-2010 by Ord. No. 2010-4]]
Any person violating any provision of this chapter shall, upon conviction, be subject to a fine in an amount not to exceed $750 and the costs of prosecution. Each day that any such violation continues shall be considered as a separate and distinct offense and shall be punishable as such.