Court Upholds Ordinance Prohibiting Storage of Unregistered Vehicles
A recent
Illinois Appellate Court decision considered the validity of a municipal
ordinance that prohibits the storage of unregistered vehicles on private
property.
In Youngberg v. Village of Round Lake Beach,
a municipality passed an ordinance making it unlawful to store any vehicle on
private land unless the vehicle was duly registered for operation on the public
highways of the State of Illinois. The plaintiff was issued citations by the
municipality for parking two unregistered vehicles in his driveway. After an
administrative adjudication hearing, the plaintiff was found to have violated
the ordinance, and was issued fines. The plaintiff filed a complaint for
administrative review, and the municipality’s decision was upheld by the
circuit court.
On appeal, the
plaintiff argued the municipality lacked the statutory authority to
prohibit him for keeping an unregistered vehicle on his property. The plaintiff
claimed that the Illinois Vehicle Code prohibited the operation of unregistered
vehicles on public highways, but did not prohibit the storing of such vehicles
on private property. Further, the
plaintiff argued that storing an unregistered vehicle on private property does not
create a nuisance, and therefore the municipality lacked the statutory
authority to declare otherwise by ordinance.
The court began
its analysis by noting that, as a home rule unit, the municipality was not
constrained by statute. Rather, the municipality was authorized to exercise any
power and perform any function pertaining to its government and affairs, so
long as the General Assembly has not preempted the use of home rule powers in
that area. The plaintiff challenged whether the municipality’s ordinance
pertained it to its government and affairs, arguing that it was the State of
Illinois that had the more vital interest in making certain that state vehicle
registration fees are paid. The municipality argued that when unregistered
vehicles are kept on private property, they attract vermin, allow stagnant water
to pool, and become eyesores. The
municipality maintained that preventing these conditions protected the health
and welfare of the community.
The court found
that the municipality’s ordinance served the distinctly local function of
helping to guard against unhealthy and unsightly conditions within the
municipality’s boundaries. As such, the court held that the ordinance pertained
to the municipality’s government and affairs, and therefore was a valid
exercise of the municipality’s home rule powers.
The plaintiff
also argued that the ordinance exceeded the municipality’s police power as a
home rule unit. The court acknowledged that ordinance was somewhat
overinclusive, as not all unregistered vehicles will become eyesores. The court
also noted that the ordinance was somewhat underinclusive, as some properly
registered vehicles might become health hazards or eyesores. Nonetheless, the court found that it was
reasonable to “attack the problems associated with unused vehicles by
prohibiting the unenclosed storage of vehicles that cannot be driven legally.” Consequently,
the court found that the ordinance was also a proper exercise of the
municipality’s police power.
Many
municipalities have enacted similar ordinances prohibiting the unenclosed
storage of unregistered vehicles. This
case confirms that, at least for home rule units, these ordinances are valid as
an exercise of the municipality’s home rule and police powers.
Disclaimer:
Ancel Glink represented the Village of Round Lake Beach in this case.
Post Authored by Kurt Asprooth, Ancel Glink
Post Authored by Kurt Asprooth, Ancel Glink
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