(65 ILCS 5/11-40-3.1)
(from Ch. 24, par. 11-40-3.1)
The General Assembly hereby finds that in municipalities
of more than 1,000,000 inhabitants, the proliferation of hazardous
dilapidated motor vehicles constitutes a hazard to the health, safety and
welfare of the public, and that addressing the problems caused by such
abandoned dilapidated vehicles constitutes a compelling and fundamental
governmental interest. The General Assembly also finds that the only
effective method of dealing with the problem is to promulgate a
comprehensive scheme to expedite the towing and disposal of such vehicles.
The corporate authorities of each municipality of 1,000,000 inhabitants or
more may by ordinance declare all inoperable motor vehicles, whether on
public or private property and in view of the general public, to be
hazardous dilapidated motor vehicles, and may authorize a law enforcement
agency, with applicable jurisdiction, to remove immediately, any hazardous
dilapidated motor vehicle or parts thereof. 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, selling, or junking
of motor vehicles.
As used in this Section, "hazardous dilapidated motor vehicle" means any
motor vehicle with a substantial number of essential parts, as defined by
Section 1-118 of The Illinois Vehicle Code, either damaged, removed or
altered or otherwise so treated that the vehicle is incapable of being
driven under its own motor power or, which by its general state of
deterioration, poses a threat to the public's health, safety and welfare.
"Hazardous dilapidated 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. The
owner of a vehicle towed under the provisions of this Section shall be
entitled to any hearing or review of the towing of such vehicle as provided
by State or local law.
(Source: P.A. 97-779, eff. 7-13-12.)