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HomeMy WebLinkAbout35-O-26 Amending Title 10 to Prohibit Vehicles for Sale on Roadways (1) (1)04/27/2026 35-O-26 AN ORDINANCE Amending City Code Title 10 to Prohibit Certain Vehicles from Parking on Roadways WHEREAS, the Evanston City Council determined that vehicles that are parked upon roadways without proper licensure and that are for-sale shall be prohibited and impounded immediately; and WHEREAS, these certain modifications to the City Code can help to address resident parking, and WHEREAS, the Evanston City Council finds that it is in the best interest of the City of Evanston to amend the City Code; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EVANSTON, COOK COUNTY, ILLINOIS: SECTION 1: Section 10-4, “Stopping, Standing or Parking” of the Evanston City Code of 2012, as amended, is hereby further amended to include the following: 10-4-23. – PARKING FOR CERTAIN PURPOSES PROHIBITED. It shall be unlawful to park any vehicle upon any roadway for the sole purpose of displaying the vehicle for sale. The vehicle shall be subject to vehicle impoundment under City Code 10-6-2. Any person who violates this subjection shall be fined $100.00. Each day the vehicle remains in violation of this subsection shall constitute a separate and distinct offense for which a separate penalty shall be imposed. It is considered a rebuttable presumption that a vehicle is parked in violation of this subsection when: 1. The vehicle is parked upon the roadway (a) without registration plate, digital registration plate or temporary permit in the manner required by the Illinois Vehicle Code; (b) or with a registration plate, digital registration plate, or temporary permit not registered to the vehicle; and (c) such vehicle matches the make, model and color of a vehicle advertised for sale by owner. Page 1 of 3 35-O-26 SECTION 2: Section 10-6-2, “Authority to Remove Vehicles (Tow) of the Evanston City Code of 2012, as amended, is hereby further amended to include the following: 10-6-2. AUTHORITY TO REMOVE VEHICLES (TOW). (A) The City Manager or his/her designee is hereby authorized to immediately and without prior notice tow away, or cause to be towed away, any vehicle on any public street, public place or private property in the following circumstances: 1. When the motor vehicle is an accident involved motor vehicle; 2. When the motor vehicle is a hazardous vehicle; 3. When the motor vehicle is a derelict motor vehicle; 4. When the motor vehicle is a snow emergency obstruction; 5. When the motor vehicle is a street cleaning obstruction; 6. When the motor vehicle is a tree cutting obstruction; 7. When the motor vehicle is a street or sewer maintenance obstruction vehicle; 8. When the motor vehicle is a tow away zone obstruction vehicle; 9. When the motor vehicle is not operable due to the arrest of the owner or operator; 10. When the motor vehicle is an abandoned, lost or reported stolen vehicle; 11. When the motor vehicle is a reserved residential wheelchair bound obstruction vehicle; 12. When the vehicle is a nonmotorized obstruction vehicle; 13. When the motor vehicle is a wheel lock immobilized vehicle pursuant to police order; 14. When the vehicle is on private property and is parked there without consent of the property owner, proprietor, or agent of the property; provided: a) that signs posted on the property give notice that parking is prohibited, and b) that the person requesting the tow signs a statement that he/she is the owner, proprietor, or agent of the property and that he/she has authority to request the tow; 15. When the motor vehicle violates the provisions of Subsection 9 -5-20(A)(4) of this Code; 16. When the vehicle was reportedly used in the commission of a crime; 17. When a crime was reported, or is suspected to have occurred, within any part of the vehicle; Page 2 of 3 35-O-26 18. When the motor vehicle is physically obstructing access to a fire hydrant; 19. When the recreational vehicle violates the provisions of Subsection 10 -4-20 of this Code.; 20. A motor vehicle which violates the provisions of Subsection 10-4-23. SECTION 3: The findings and recitals contained herein are declared to be prima facie evidence of the law of the City and shall be received in evidence as provided by the Illinois Compiled Statues and the courts of the State of Illinois. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: This ordinance will be in full force and effect from and after its passage, approval and publication in the manner provided by law. SECTION 6: If any provision of this ordinance or application thereof to any person or circumstance is ruled unconstitutional or otherwise invalid, such invalidity shall not affect other provisions or applications, and each invalid provision or invalid application of this ordinance is severable. Introduced: _________________, 2026 Adopted: ___________________, 2026 Approved: __________________________, 2026 _______________________________ Daniel Biss, Mayor Attest: _______________________________ Stephanie Mendoza, City Clerk Approved as to form: ______________________________ Alexandra B. Ruggie, Corporation Counsel Page 3 of 3 April 13 April 27