Ordinance 2020-06 UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2020-06
AN ORDINANCE AMENDING THE CITY CODE
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 111 day of February, 2020
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on February 26,2020.
Ordinance No. 2020-06
AN ORDINANCE AMENDING THE CITY CODE
OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, it is imperative that those persons operating vehicles do so in a safe manner
with the express permission of its owners; and,
WHEREAS, it is imperative that vehicles are not left unattended on public ways or are
used in connection with any prohibited conduct; and,
WHEREAS,the City has previously determined that if vehicles are abandoned or disabled,
or used in connection with certain prohibited conduct,it is in the best interests of the general public
that such vehicles be removed or placed under the control of the City's Police Department; and,
WHEREAS, it has now been determined that certain other prohibited conduct should be
the basis for removing vehicles from the public way or placing vehicles under the control of the
City's Police Department,pursuant to state law(625 ILCS 5/11-208.7), as hereinafter set forth.
NOW,THEREFORE,BE IT ORDAINED by the Mayor and City Council of the united
City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The recitals in the preambles to this Ordinance are incorporated into this Section
1 as if fully set forth herein.
Section 2. Section 6-4-6 of Chapter 4 of Title 6 of the City Code is amended as follows by
deleting said Section 6-4-6 in its entirety and replacing it with the following:
6-4-6: PROHIBITED ACTS RESULTING IN SEIZURE AND IMPOUNDMENT:
A. Conduct Prohibited: A motor vehicle operated with the permission, express or implied, of the
owner of record,that is used in connection with any of the following violations shall be subject
to seizure and impoundment by the City. The owner of record of said vehicle shall be liable to
the City for an administrative penalty of five hundred dollars ($500.00) in addition to any
towing and storage fees, and other fees deemed applicable. As used in this section, the owner
of record of a motor vehicle means the record title holder:
1. Any vehicle which is operated by a person driving while his/her driver's license, permit or
privilege to operate a motor vehicle is suspended or revoked in violation of 625 Illinois
Compiled Statutes 5/6-303. For the purposes of this section, the terms "revoked" or
"suspended", when used in the context of driving privileges or driver licenses, shall have the
same meaning as contained in the Illinois Vehicle Code, 625 Illinois Compiled Statutes 5/6-
100 et seq. This section shall not apply if a license is suspended solely for an unpaid parking
or moving citation or due to failure to comply with emission testing.
Ordinance No.2020-06
Page 2
2. Any vehicle which is operated by a person driving while under the influence of alcohol,
other drug or drugs, intoxicating compound or compounds of any combination thereof, in
violation of 625 Illinois Compiled Statutes 5/11-501(a).
3. Any vehicle that is used by a person who does not hold a valid Illinois driver's license or
permit or a restricted driver's permit issued under sections 6-205,6-206 or 6-113 of the Illinois
Motor Vehicle Code,625 Illinois Compiled Statutes 5/6-205,5/6-206 or 5/6-113,or who holds
an expired driver's license for more than one year in violation of section 6-101 of the Illinois
Motor Vehicle Code.
4. Any vehicle which is operated by a person driving against whom a warrant has been issued
by a Circuit Court in Illinois for failing to appear and failing to answer charges that the driver
violated subsection A1, A2 or A3 of this section.
5. Any vehicle that contains any controlled substance or unlawful amount of cannabis, as
defined in the Illinois Controlled Substances Act, 720 Illinois Compiled Statutes 570/100 et
seq., and the Illinois Cannabis Control Act, 720 Illinois Compiled Statutes 55011 et seq., or
that is used in the unlawful purchase of, attempted-4e purchase of, sale of, or attempted sale of
such controlled substances or cannabis.
6.Any vehicle used in connection with the unlawful use of weapons in violation of 720 Illinois
Compiled Statutes 5/24-1 et seq., ("deadly weapons") of the Illinois Criminal Code, or that
contains a firearm or ammunition for which a firearms owner's identification card is required
under the Illinois Owner's Identification Card Act, 430 Illinois Compiled Statutes 65/0.01 et
seq.
7. Any vehicle that is used in the commission of prostitution as defined in the Illinois Criminal
Code, 720 Illinois Compiled Statutes 5111 et seq., solicitation of a prostitute or a sexual act as
defined in said code, or pimping or juvenile pimping as defined in said code.
8. Any vehicle which is used by a person during the aiding or abetting or commission of a
misdemeanor,felony or forcible felony as those terms are defined in the Illinois Criminal Code,
720 Illinois Compiled Statutes 5/2-7, 5/2-8 and 5/2-11.
9. Any vehicle that is operated by a person who is recklessly driving with a willful or wanton
disregard for the safety of persons or property, or knowingly uses an incline in the roadway
(such as a railroad crossing,bridge approach,or hill)to cause said vehicle to become airborne,
pursuant to 625 Illinois Compiled Statutes 5/11-503.
10. Any vehicle that is used in connection with street racing, as defined in 625 Illinois
Compiled Statutes 5/11-506.
11. Any vehicle that is operated at a speed of at least 35 miles per hour above the maximum
speed limit for that road, pursuant to 625 Illinois Compiled Statutes 5/11-601.5.
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12. Any vehicle that is used in connection with the offenses of theft or retail theft, attempted
or otherwise, as defined in 720 Illinois Compiled Statutes 5/16 et seq.
13.Any vehicle that is used in the commission of,or in the attempt to commit,an offense listed
in 720 Illinois Compiled Statutes 5/36-1.
B. Driving While Intoxicated; Standard Of Evidence: A sworn report of a police officer,prepared
in conformity with section 11-501.1 of the Illinois Vehicle Code, 625 Illinois Compiled
Statutes 5111-501.1, establishing that person has refused testing or has submitted to a test that
discloses a blood alcohol concentration of 0.08 or more, or any amount of a drug, substance,
or intoxicating compound in the person's breath,blood or urine resulting from the unlawful use
or consumption of cannabis listed in the Cannabis Control Act, controlled substance listed in
the Controlled Substances Act, or an intoxicating compound listed in the use of Intoxicating
Compounds Act,shall constitute prima facie evidence under this chapter sufficient to establish
a finding of the vehicle owner's liability under this chapter. The presumption may be rebutted
by clear and convincing evidence.
Section 3. This Ordinance shall be in full force and effect immediately from and after its
passage and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
I I cn day of February, 2020.
KEN KOCH AYE DAN TRANSIER AYE
JACKIE MILSCHEWSKI AYE ARDEN JOE PLOCHER AYE
CHRIS FUNKHOUSER AYE JOEL FRIEDERS AYE
SEAVER TARULIS AYE JASON PETERSON AYE
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
a 5 day of 2020.
Mayor
Attest:
d�
City Clerk
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