ORDINANCE NO. 2005-2
AN ORDINANCE AMENDING THE COLFAX MUNICIPAL CODE BY ADDING CHAPTER 43.
ABANDONED. UNATTENDED. INOPERABLE VEHICLES

PASSED: March 8, 2005
APPROVED: March 8, 2005
EFFECTIVE DATE: March 8, 2005
PUBLISHED IN PAMPHLET FORM: March 8, 2005

 

AN ORDINANCE AMENDING THE COLFAX MUNICIPAL CODE BY ADDING
CHAPTER 43, ABANDONED. UNATTENDED. INOPERABLE VEHICLES
WHEREAS, the President and the Board of Trustees of the Village of Colfax have considered and determined the necessity of enacting an ordinance regarding the removal and disposal of abandoned, unattended and inoperable vehicles due to public health and safety concerns.
BE IT ORDAINED BY THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF Colfax, ILLINOIS:
That the Colfax Municipal Code is hereby amended by adding thereto Chapter 43, Abandoned, Unattended, Inoperable Vehicles, as follows:
CHAPTER 43
ABANDONED. UNATTENDED. INOPERABLE VEHICLES
SECTION 43.IA. 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.
VILLAGE: Village of Colfax, Illinois, an Illinois municipal corporation.
INOPERABLE MOTOR VEHICLE: Any vehicle (as defined in this subsection) 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.
PROPERTY: Any private property within the Village which is not a street, highway or alley and which is not owned by the Village of Colfax.
PUBLIC PROPERTY: Any property owned by the Village of Colfax.
STREET OR HIGHWAY: 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 Village in any thoroughfare, street, highway or alley.
VEHICLE: 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.
SECTION 43 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 Village is unlawful and subject to penalties as set forth herein. Any police authority of the Village or acting on behalf of the Village 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 Village under the following circumstances:

a. When a vehicle is abandoned on a highway or street within the Village ten (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.
U. When any vehicle is left abandoned or unattended upon public property for over forty eight (48) hours.
2. No person shall abandon any vehicle within the Village and no person shall leave any vehicle at any place within the Village 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 Village through its lawful police force or by any police force acting on behalf of the Village, 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 forty eight (48) hours.
SECTION 43-IC. Towing Of Vehicle: ReclamatIon And DIsposition
1. Authority To Tow; Records Kept: The Village police authority, or any police authority acting on behalf of the Village 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, manufacturers 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 (3) 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.
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.
SECTION 43-2: Penalty
A. Unless specifically provided elsewhere in this chapter or state statute, any person found to have been in violation of any of the terms and provisions of this ordinance shall be fined in an amount not to exceed seven hundred fifty dollars ($750.00). No imprisonment for failure to pay such fine, penalty or cost shall exceed six (6) months for each offense. Each day that a violation continues shalt be deemed to be a separate offense. A penalty for each offense may include a requirement that the offending party perform some reasonable public service work such as, but not Umited to, picking up litter in public parks or upon public highways. or performing maintenance of public facilities. A violation hereof may be established by a preponderance of the evidence,
B. Acts Consistent With Criminal Laws Of State of Illinois: If, by the terms of an ordinance, an act that would be consistent with the criminal laws of the state is declared to be a misdemeanor, the penalty therefor shall be for a period of
incarceration in a penal institution other than the penitentiary not to exceed six (6) months. The matter shall be prosecuted under the rules of criminal procedure

of the state, and the Village shall be required to establish guilt beyond a reasonable doubt.
SEC 43.3 Severability
If any provision of this Ordinance, or the application of any provision of this Ordinance, is held unconstitutional or otherwise invalid, such occurrence shall not affect other provisions of this Ordinance, or their application, that can be given effect without the unconstitutional or invalid provision or its application. Each unconstitutional or invalid provision, or application of such provision, Is severable, unless otherwise provided by this Ordinance.
SECTION 434 EffectIve Date. That this Ordinance, shall be in full force and effect ten days from and after its passage and approval, in booklet (pamphlet) form, according to the laws of the State of Illinois.
ADOPTE this 8th day of March, 2005 pursuant a roll call as

AYES: Laurence Baker; Gary Milton; Carol Stephenson; Jack MEssamore; Rick Wagoner
NAYES: -0-
ABSENT: Barton Rigsby

ABSTENTION: -0-

APPROVED by me this 8th day of March, 2005.

signature on file
Gary Milton, Mayor, Village of Colfax
McLean County, Illinois

ATTESTED, Filed in my office, And published in pamphlet form this 8th day of March, 2005.

signature on file
Nancy Kiper, Clerk of the Village of
Colfax, McLean County, lllinois

 

CERTIFICATION OF ORDINANCE

STATE OF ILLINOIS )
                            )SS
COUNTY OF McLEAN )

I, Nancy Kiper, Village Clerk of the Village of Colfax, McLean County, Illinois, do hereby certify that the foregoing Ordinance constitutes a true and correct copy of said Ordinance, passed, approved, and published on the 8th day of March, 2005.
I do further certify that Said Ordinance has been placed In the permanent records of said Village where it now appears and remains In the Book of Minutes.
In Witness whereof, I have hereunto set my hand and seal of the Village of Colfax, McLean County, Illinois, this 8th day of March, 2005.

signature on file
Nancy Kiper, Clerk of  the Village of Colfax,
McLean County, lllinois

 

CERTIFICATION OF ORDINANCE PUBLISHED IN PAMPHLET FROM

STATE OF ILLINOIS )
)SS
COUNTY OF McLEAN )

I, Nancy Kiper, certify that I am the duly elected and acting municipal clerk of the Village of Colfax, McLean County, Illinois.
I further certify that on March 8, 2005, the Corporate Authorities of such municipality passed and approved Ordinance No. 2005-2, entitled "AN ORDINANCE AMENDING THE COLFAX MUNICIPAL CODE BY ADDING CHAPTER 43, ABANDONED, UNATTENDED, INOPERABLE VEHICLES" which provided by its terms that it should be published in pamphlet form.
The pamphlet form of Ordinance No. 2005-2, including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the municipal building, commencing on March 8, 2005, and continuing for at least ten days thereafter. Copies of such Ordinance were also available for public inspection upon request in the office of the municipal clerk.

Dated at Colfax, Illinois, this 8th day of March, 2005.

signature on file
Municipal Clerk, Village of Colfax