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Ordinance No. G33-04
r- AN ORDINANCE
AMENDING CHAPTER 6.84 OF THE ELGIN MUNICIPAL CODE, 1976,
AS AMENDED, ENTITLED "REMOVAL OF MOTOR VEHICLES"
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS:
Section 1. That Chapter 6.84 of the Elgin Municipal Code, 1976, as amended, entitled
"Removal of Motor Vehicles," be and is hereby amended by amending Section 6.06.020,
entitled, "Specifications" to read as follows:
The Purchasing Director is authorized and directed to prepare appropriate
specifications governing the utilization of towing firms for the removal of motor
vehicles pursuant to the provisions of this Chapter that shall include provisions
for, but not limited to, adequate equipment, motor vehicle storage facilities,
required response times and financial responsibility.
Section 2. That Chapter 6.84 of the Elgin Municipal Code, 1976, as amended, entitled
"Removal of Motor Vehicles," be and is hereby amended by amending Section 6.06.030,
entitled, "Abandoned Vehicles"to read as follows:
Motor vehicles which are abandoned as defined by the Illinois Motor
Vehicle Code shall be removed by such towing firm as may be authorized by the
City to a lawful location for such purposes.
Section 3. That Chapter 6.84 of the Elgin Municipal Code, 1976, as amended, entitled
"Removal of Motor Vehicles," be and is hereby amended by amending Section 6.06.035,
entitled, "Inoperable Motor Vehicles"to read as follows:
The City Council declares all inoperable motor vehicles, whether on public
or private property and in view of the general public, to be a nuisance. Any person
in control of the inoperable motor vehicle or the private property upon which such
vehicle is located, who fails to remove said vehicle within seven (7) days after
receiving notice from City officials shall be subject to a fine of not less than fifty
dollars ($50.00) nor more than five hundred dollars ($500.00) for each day said
violation continues. In the event the inoperable motor vehicle is not removed
within seven (7) days of such notice, the inoperable motor vehicle or parts thereof
shall be removed by such persons authorized by the City to a lawful place of
storage located within the City or one-half (1/2) mile thereof. As used in this
Section, "inoperable motor vehicle" means any vehicle from which, for a period of
at least seven (7) 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.
"Inoperable motor vehicle" 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. Nothing in this Section shall
apply to any motor vehicle that is kept within a building when not in use, to
operable restored vehicles from twenty five (25) years of age, or to a motor vehicle
on the premises on the place of business engaged in the wrecking or junking of
motor vehicles.
Section 4. That Chapter 6.84 of the Elgin Municipal Code, 1976, as amended, entitled
"Removal of Motor Vehicles," be and is hereby amended by amending Section 6.06.040,
entitled, "Disabled Vehicles" to read as follows:
Motor vehicles which are disabled and are found on the public street and
which the owner thereof has not directed to be towed to a particular location shall
be removed by such persons authorized by the City to a lawful place of storage
located within the City or one-half(1/2) mile thereof.
Section 5. That Chapter 6.84 of the Elgin Municipal Code, 1976, as amended, entitled
"Removal of Motor Vehicles," be and is hereby amended by amending Section 6.06.050,
entitled, "Impounded Vehicles; Vehicles Obstructing Traffic"to read as follows:
Motor vehicles which are impounded or parked in a designated tow-away
zone or are otherwise obstructing traffic shall be removed by such towing firm as
may be authorized by the City to a lawful place of storage located within the City
or one-half(1/2) mile thereof.
Section 6. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 7. Severability. If any provision of this ordinance or its application to any person
or under any circumstances is adjudged invalid, such adjudication shall not affect the validity of
the ordinance as a whole or of any portion not adjudged invalid.
Section 8. That this ordinance shall be in full force and effect after its passage and
publication in the manner provided by law.
Ed Schock, Mayor
Presented: March 31, 2004
Passed: March 31, 2004
Omnibus Vote: Yeas: 6 Nays: 0
Recorded: April 1, 2004
Published:
Attest:
0-1941A----42
Do1onna Mecum, City Clerk
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