Change a result of state law that allows more vehicle seizures
By Ted Schnell • BocaJump | Jan. 27, 2012
More than a decade ago, loud music blasting from cars was a common sound around Elgin. and could erupt at any hour, day or night. Often the thumping, vibrating bass from these stereos on steroids would be felt even before the vehicle was in sight.
The irksome noise was a growing irritant and the source of increasing complaints, so in the summer of 2001, the City Council adopted a noise ordinance that ultimately allowed police to slap offenders with a $500 fine and have their vehicles impounded, which carried additional towing and vehicle storage costs for the violator.
A year later, the city experienced a relatively sedate and quiet summer season — at least in terms of car stereos. The ordinance, people gushed, had worked.
A recent change in state law, however, has ended the city’s authority to impound vehicles for noise ordinance violations.
“It’s too bad we lost this through the state — the city has been sounding pretty quiet since we passed the noise ordinance,” Councilman John Prigge observed during the council’s meeting Wednesday night.
Still, city officials point out that Elgin police can continue to assess hefty fines for noise ordinance violations.
There is a plus side as well — Mayor David Kaptain pointed out that the revision to the state law actually broadened the scenarios under which police can impound vehicles. Kaptain praised the change for that reason — he pointed out the change will make some laws more consistent as drivers travel from community to community.
The comments came as the City Council voted 6-0 on Wednesday to incorporates the changes in state law into the city’s own ordinance on vehicle seizure and impoundment.
Assistant City Manager Rick Kozal said Monday he believes there is an effort under way in Springfield to restore the city’s ability to impound vehicles for noise ordinance violations.
The staff memo to the council on the issue states that under the city’s ordinance, there were four different offenses that triggered the seizure and impoundment of a vehicle — driving with a suspended or revoked license; driving under the influence; driving without ever having been issued a license or permit; and operating a sound system in a vehicle when the sound can be heard from 75 feet or more while vehicle is being operated on the street.
But the new state law, which was adopted by the General Assembly last year and went into effect Jan. 1, does not authorize vehicle seizure/impoundment for loud stereo violations, nor if the suspension of a driver’s license is for an unpaid citation (parking or moving) or due to failure to comply with emission testing.
The ordinance amendment the council approved Wednesday added the expanded list of measures for which a vehicle may be impounded under the new law. They include:
- Violations within the vehicle of the Illinois Cannabis Control Act;
- Violations within the vehicle of the Illinois Controlled Substances Act;
- Unlawful use of weapons;
- Reckless discharge of firearms;
- Unlawful possession of firearms and firearm ammunition;
- Operation of a vehicle with an expired license if the period of expiration is greater than one year;
- Operation of a vehicle by a person against whom a warrant has been issued;
- Operation of a vehicle in the commission or in the attempt to commit certain theft offenses.
