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G33-04 p �1 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 r