[Ord. 441, 6-1-1992]
A.
CITY
INOPERABLE MOTOR VEHICLE
PROPERTY
PUBLIC PROPERTY
STREET OR HIGHWAY
VEHICLE
Definitions: The following definitions shall apply in this section.
All other words and phrases used herein shall be defined as the definition
for that word is given in 625 Illinois Compiled Statutes 5/1-101 et
seq., as amended.
City of Le Roy, Illinois, an Illinois municipal corporation.
Any "vehicle" (as defined in this subsection) from which,
for a period of at least 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 motor power.
Any private property within the City which is not a street,
highway or alley and which is not owned by the City of Le Roy.
Any property owned by the City of Le Roy.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is opened to the use of
the public for purposes of vehicular travel. This shall include all
of the right of way owned by the City in any thoroughfare, street,
highway or alley.
A machine propelled by power, other than human power, designed
to travel along the ground by use of wheels, treads, runners or slides,
which transports persons or property or pulls machinery, and shall
include, without limitation, automobile, truck, trailer, motorcycle,
tractor and wagon.
[Amended by 2003 Code]
B.
Abandonment Of Vehicles Prohibited; Removal Authorized:
1.
The abandonment of a motor vehicle or any part thereof on any street,
highway, alley, or other public way or public property in the City
is unlawful and subject to penalties as set forth herein. Any police
authority of the City or acting on behalf of the City or any member
of any such police authority's force or department is hereby
authorized to remove a vehicle from a street, highway, alley, or other
public thoroughfare or public property, to the nearest garage or other
place of safety, or to the garage designated or maintained by the
City under the following circumstances:
a.
When a vehicle is abandoned on a highway or street within the City
10 hours or more;
b.
Immediate removal from any street or highway, or private property
adjacent to a highway, when any vehicle left abandoned, unattended,
wrecked, burned, or partially dismantled is creating a traffic hazard
because of its position in relation to a street or highway or its
physical appearance is causing the impeding of traffic.
c.
When any vehicle is left abandoned or unattended upon a street, highway,
other public thoroughfare or alley, and is so parked illegally as
to constitute a definite hazard or obstruction to the normal movement
of traffic.
d.
When any vehicle is left abandoned or unattended upon public property
for over 48 hours.
2.
No person shall abandon any vehicle within the City and no person
shall leave any vehicle at any place within the City for such time
and under such circumstances as to cause such vehicle reasonably to
appear to have been abandoned. Further, no person shall leave any
partially dismantled, inoperable, wrecked or junked vehicle on any
street, highway or other public property. Any vehicle so left may
be removed by the City through its lawful police force or by any police
force acting on behalf of the City, whenever any such vehicle is so
parked illegally as to constitute a definite hazard or obstruction
to the normal movement of traffic, or is left unattended for over
48 hours.
C.
Towing Of Vehicle; Reclamation And Disposition:
1.
Authority To Tow; Records Kept: The City police authority, or any
police authority acting on behalf of the City to enforce this section,
is hereby authorized to remove any abandoned, unattended or inoperable
vehicle in violation of the provisions of this section. The police
authority authorizing the towing shall keep and maintain a record
of the vehicle towed, listing the color, year, manufacturer's
series name, body style, vehicle identification number, license plate
year and number, and registration sticker 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 police authority authorizing the tow.
2.
Owner Known; Notice Requirements: Whenever any police authority removes
a vehicle from a street, highway, alley or other public way as authorized
in this section and the police authority knows or is able to ascertain
from the registration records in the vehicle the name and address
of the owner thereof, such police authority shall immediately give
or cause to be given notice in writing to such owner of the fact of
such removal and the reasons therefor and the place to which such
vehicle has been removed. In the event any such vehicle has been stored
in a public garage, a copy of such notice shall be sent to the proprietor
of such garage.
3.
Owner Unknown; Notice To State: Whenever any police authority removes
a vehicle from a street, highway, alley or other public way, and does
not know and is not able to ascertain the name of the owner, or for
any other reason is unable to give the notice to the owner as hereinbefore
provided, and in the event the vehicle is not returned to the owner
within a period of three days, then and in that event, the police
authority shall immediately send or cause to be sent a written report
of such removal by mail to the agency or department of the state of
Illinois whose duty it is to register motor vehicles and shall file
a copy of such notice with the proprietor of any public garage in
which the vehicle may be stored. Such notice shall include a complete
description of the vehicle, the date, time and place from which removed,
the reason for such removal, and the name of the garage or place where
the vehicle is stored.
4.
Disposition Of Unclaimed Vehicle: Vehicles not claimed by the owner
thereof may be disposed of after the time and in the manner as set
forth in 625 Illinois Compiled Statutes 5/4-208, as amended.
[Amended by 2003 Code]
5.
Towing And Storage Costs: All costs of towing and storing a vehicle
under the provisions of this section will be paid by the owner or
by sale of such vehicle in accordance with the applicable laws providing
for such sale.
[Ord. 435, 5-18-1992]
It shall be a nuisance for any person owning, leasing, occupying,
or having charge of any premises in any business, commercial or industrial
district within the City to allow an inoperable, partially dismantled,
wrecked, junked, discarded, abandoned, or unlicensed motor vehicle
to remain on the premises, unless such vehicle is in an enclosed building,
or unless said premises has as its principal use the maintenance or
repair of vehicles (which use may include on premises storage as a
temporary accessory use, but not as a principal use), in which latter
situation (premises for which the principal use is the maintenance
or repair of vehicles) it shall be a nuisance for any previously described
motor vehicle to remain on such premises, unless in an enclosed building
or an enclosed storage area, longer than 60 days. In the event the
principal use of the premises in question is for the maintenance or
repair of vehicles, the person owning, leasing, occupying or having
charge of any premises may, in connection with or in lieu of providing
an enclosed building, provide a walled storage area surrounded by
walls eight feet in height, said walls to be a solid wall or uniformly
painted solid fence. Storage required to be enclosed in a building
or behind a wall or solid fence shall not be of greater height than
the enclosing building or fence.
[Ord. 16-06-04-70, 6-20-2016]
A person will be allowed to keep a demolition derby vehicle
on his or her private property, subject to compliance with all of
the following regulations:
A.
Any person desiring to temporarily keep a demolition derby vehicle
must register the vehicle and file an application for a permit with
the City. The application must include a list of events in which the
vehicle is expected to participate, and must include payment of the
permit fee in the amount of $25 per vehicle. All demolition derby
vehicle permits will be issued no sooner than May 1 of each year,
and will expire no later than September 1 of the same year. All demolition
derby vehicles must be removed from the public view on or before September
1 of each year. The City Administrator has the discretion to grant
up to a two month extension, upon request.
B.
All demolition derby vehicles must be kept entirely on private property.
C.
No more than two demolition derby vehicles are permitted to be kept
on a property at any time.
D.
All demolition vehicles must be entirely covered either by: 1) an
appropriate vehicle cover (not to include tarps), 2) in an enclosed
building, or 3) otherwise sheltered from public view except during
the period of time that the owner is actively performing services
or repairs on a temporarily disabled vehicle.
E.
The property must otherwise be kept in an orderly manner, in compliance
with all other regulations of this Code. No tires or other automobile
parts may be stored or accumulated on the property.
