99-0-4 Motor Vehicle Ordinance

Salisa Dann
99-0-4 Motor Vehicle Ordinance

ORDINANCE NO. 99-0-4

 

VILLAGE OF CAMARGO

 

 

ORDINANCE NO. 99-O-4

AN ORDINANCE AMENDING ARTICLE 2 OF CHAPTER 6 OF THE “MUNICIPAL CODE OF THE VILLAGE OF CAMARGO OF 1984,” AS AMENDED.

 

 

ADOPTED BY THE

BOARD OF TRUSTEES

OF THE

VILLAGE OF CAMARGO

THIS 13th DAY OF JUNE, 2016

 

 

Published in pamphlet form by authority of the Board of Trustees of the Village of Camargo, Douglas County, Illinois, this 13th Day of June, 2016.

 

 

ORDINANCE NO. 99-O-4

AN ORDINANCE AMENDING ARTICLE OF CHAPTER 6 OF THE “MUNICIPAL CODE OF THE VILLAGE OF CAMARGO OF 1984,” AS AMENDED.

 

BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE VILLAGE OF CAMARGO, ILLINOIS, THAT:

SECTION ONE

ARTICLE 2 of Chapter 6 of the “Municipal Code of the Village of Camargo of 1984,” as amended, is hereby amended to read as follows:

“Article 2. ABANDONED, INOPERABLE, AND UNLICENSED MOTOR VEHICLES

6.201 DEFINITIONS

  1. “Person” shall mean any person, firm, partnership, association, company or organization of any kind.

 

  1. “Motor Vehicles” shall mean every vehicle which is self-propelled except for vehicles moved solely by human power and motorized wheel chairs.

 

  1. “Street or Highway” shall mean the entire width between the boundary lines of every publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

 

  1. “Property” shall mean any real property within the Village which is not a street or highway.

 

  1. “Inoperable Motor Vehicle” shall mean any motor vehicle from which for a period of at least 10 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, but shall not include a motor vehicle which has been rendered temporarily incapable of being driven under its own motor power in order to perform ordinary service or repair operations.

 

  1. “Unlicensed Motor Vehicle” shall mean a motor vehicle for which for a period of at least 30 consecutive days does not have displayed thereon a current registration or “applied for” sticker.

 

  1. “Abandoned Vehicle” shall mean any vehicle which is left at any place for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.

 

  1. “Historic Vehicle” shall mean a motor vehicle manufactured more than 25 years prior to the current calendar year, which is owned and operated as an exhibition piece or collector’s item and is used for participation in club activities, exhibits, tours, parades, occasional transportation and similar uses, but not for general daily transportation.

 

6.202 ABANDONMENT OF VEHICLES

No person shall abandon any vehicle within the Village and no person shall leave any vehicle ay any place within the Village for such time and under such circumstances as to cause such vehicle reasonably to appear to have been abandoned.

 

6.203    INOPERABLE MOTOR VEHICLES DELCARED NUISANCE

All inoperable motor vehicles, whether on public or private property and in view of the general public, are hereby declared to be a nuisance.

 

6.204    EXTERIOR STORAGE OF INOPERABLE MOTOR VEHICLES PROHIBITED

No person shall allow in inoperable motor vehicle under his control to remain on public or private property and in view of the general public for more than 10 days after receiving a municipal notice from the Village of Camargo directing the person to dispose of the inoperable motor vehicle or vehicles under this control.  Said notice shall include a copy of this Article 2.  However, nothing in this section shall apply to any motor vehicle that is kept within a building when not in use, to operable historic vehicles over 25 years of age, or to a motor vehicle on the premises of a place of business engaged in the wrecking or junking of motor vehicles.

 

6.205    REMOVAL OF INOPERABLE MOTOR VEHICLES

The Village of Camargo may remove or cause to be removed any inoperable motor vehicle or parts thereof after 10 days from the issuance of the municipal notice provided for in Section 6.204 of this Article.  The person who has control of the inoperable motor vehicle or parts thereof which are removed pursuant to this section shall be liable for reasonable towing and storage charges for the inoperable motor vehicle or parts thereof which charges shall be paid before the inoperable motor vehicle or parts thereof are released and said charges may be recovered in a suit at law.  When an inoperable motor vehicle has been removed and placed in storage by the Village, as provided for herein, said inoperable motor vehicle may be sold by the Village after the lapse of such time as is provided by state law in Article 2 of Chapter 4 of the Illinois Vehicle Code (665 ILCS 5/4/201 et.seq.).  If the proceeds of such sale are insufficient to pay the costs of towing and storage and processing charges, the owner and / or the person in control of the inoperable motor vehicle shall be liable to the Village for the balance of the costs to be recoverable in a suite at law.  If the proceeds are in excess of costs the balance shall be paid to the registered owner of the inoperable motor vehicle or if unclaimed then it shall be deposited in the Village Treasury.

 

6.206    RIGHT TO HEARING

Any person who receives a 10 day municipal notice directing him to dispose of an inoperable motor vehicle may request a hearing before the Village Board at the next regularly scheduled meeting designated by the Village Board by filing his written request with the Village Clerk no later than 10 days after the issuance of the municipal notice. In the event that the hearing is requested, the inoperable motor vehicle shall not be removed from the property until after the hearing and only then if the Village Board rules in favor of the Village.

 

6.207    UNLICENSED MOTOR VEHICLES DECLARED A NUISANCE

All unlicensed motor vehicles, whether public or private property, and in view of the general public, except those which are on the premises o the place of business engaged in the sale of motor vehicles or a business engaged in the junking of motor vehicles, are hereby declared to be a nuisance.

 

6.208    EXTERIOR STORAE OF UNLICENSED MOTOR VEHICLES PROHIBITED

No person shall allow any unlicensed motor vehicle to remain on public or private property and in view of the general public for more than 30 days after receiving a municipal notice from the Village of Camargo to move the vehicle.  Said notice shall also include a copy of this Article 2.  However, nothing in this section shall apply to any unlicensed historic vehicles over 25 years of age, or to an unlicensed motor vehicle on the premises of a place of business engaged in the sale of motor vehicles or in the wrecking or junking of motor vehicles.

 

6.209    REMOVAL OF UNLICENSED MOTOR VEHICLES

The Village of Camargo may remove or cause to be removed any unlicensed motor vehicle after 30 days from the issuance of the municipal notice provided for in Section 6.208 of this Article.  The personal who owns or is in possession of the unlicensed motor vehicle or is in possession of the unlicensed motor vehicle which is removed pursuant to this section shall be liable for reasonable towing and storage charges for the said vehicle which cages shall be paid before the unlicensed motor vehicle is released and said charges shall be recoverable in a suit at law.  When an unlicensed motor vehicle has been removed and placed in storage by the Village, as provided for herein, said unlicensed motor vehicle shall be sold by the Village after the lapse of such time as is provided by law.  If the proceeds of such sale are insufficient to pay the costs of towing, storage, and processing charges, the owner or person in possession of the unlicensed motor vehicle shall be liable to the Village for the balance of the cost to be recoverable in a suit at law.  If the proceeds are in excess of the cost, the balance shall be paid to the registered owner of the unlicensed motor vehicle or if unclaimed then shall be deposited in the Village Treasury.

 

6.210    RIGHT TO HEARING

Any person who receives a 30 day municipal notice directing him to dispose of an unlicensed motor vehicle may request a hearing before the Village Board by filing his written request with the Village Clerk no later than 15 days after the issuance of the municipal notice.  In the event that the hearing is requested, the unlicensed motor vehicle shall not be removed from the property until after the hearing and only then if the Board rules in favor of the Village.

 

6.211    PENALTY FOR FAILURE OF OWNER OR PERSON IN CONTROL OF MOTOR VEHICLE TO ABATE NUISANCE

If the owner or person in control of a motor vehicle which constitutes a nuisance under this Article shall allow the nuisance to continue after the time allowed in the municipal notice, then that person, upon conviction thereof, shall be fined not less than $25 nor more than $500 for each offense and a separate offense shall be deemed committed on each day during or on which such nuisance is permitted to exist after the time allowed for in the municipal notice.

 

6.212    LIEN

Upon failure of the owner or occupant of property on which abandoned vehicles have been removed by the Village to pay the unrecovered expenses incurred by the Village in such removal, a lien may be placed upon the real estate on which the vehicle was located for the amount of the unrecovered expenses.”

SECTION TWO

This ordinance shall take effect and be in full force from and after its passage, approval, and publication in pamphlet form according to law.

*             *             *

PASSED this 13th day of June, 2016, by roll call vote as follows:

VOTING FOR:      Jim Hardway, Terri Miller, Laura Miller, Gary Gilpin

VOTING AGAINST:            Paul Davidson, Rodney Farris

NOT VOTING:     N/A