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(a) General. The court shall issue an ex parte temporary restraining order if the written complaint, supported by an affidavit, shows by a preponderance of the evidence that there is probable cause to believe that the specified motor vehicle was used to commit, conduct, promote, facilitate or aid the commission of any vehicular public nuisance.

(b) Detention and closure of motor vehicle(s). The temporary restraining order shall make the following orders for the detention and closure of motor vehicles and restrained persons as to motor vehicles:

(1) The Aurora police department shall be ordered to detain and close the motor vehicle(s) using any reasonable force necessary, and to place the same in police custody in the constructive custody of the court, until further order of the court.

(2) All named defendants shall be ordered to deposit with the Aurora police department all documents evidencing ownership, title, registration, keys and other devices for either access and/or operation of the motor vehicle(s).

(3) The Aurora police department shall personally serve copies of the summons, complaint, and temporary restraining order upon any person who reasonably appears or claims to hold a legal or equitable interest or right of possession in the motor vehicle at the time of detention and/or closure.

(4) All persons shall be restrained from removing, concealing, damaging, destroying, or selling, giving away, encumbering or transferring any interest in the motor vehicle, or using the motor vehicle as security for a bond.

(5) Persons holding any legal or equitable interest or right of possession in the motor vehicle shall be ordered to take all reasonable steps to abate the vehicular public nuisance and prevent it from recurring.

(6) Any other orders that may be reasonably necessary to take the motor vehicle into the court's constructive custody, and to provide access to and safeguard the motor vehicle.

(c) Service. The summons, complaint, and temporary restraining order shall be served as provided by section 134-472(j).

(d) These orders shall become effective 14 days after the date the temporary restraining order is served unless within that 14-day period a person claiming a legal or equitable interest or right of possession in the motor vehicle, files, sets, serves and has heard a motion to vacate or modify the temporary restraining order(s) as provided in section 134-476(c), or unless within that 14-day period a person claiming a legal or equitable interest or right of possession in the motor vehicle files, sets, serves and has heard a motion to stay execution of a temporary restraining order as provided in section 134-476(e). The motion shall be heard and determined as provided in sections 134-476(c) and (e). A motion properly brought under section 134-476(c) or (e) shall temporarily stay a temporary restraining order until the conclusion of the hearing. No temporary restraining order shall permit the detention and/or closure of a motor vehicle until this 14-day period has elapsed. (Ord. No. 2021-23, § 1, 7-26-2021)