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HomeMy WebLinkAboutOrd 1150 04/19/1966 ORDINANCE NO. 1150 AN ORDINANCE AMENDING SECTION 18.702 OF THE MOUNT PROSPECT MUNICIPAL CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS: SECTION ONE: Section 18.702 of the Municipal Code of Mount Prospect of 1957, as amended, is hereby further amended, so that the said Section 18.702 shall thereafter be and read as follows: Section 18.702 PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR NARCOTIC DRUGS. (a) It is unlawful and punishable as provided in subdivision (c) of this section for any person who is a habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narcotic drugs or other drugs such as antihistamines, tranquilizers, ephedrine compounds or soporific medications which would impair the driver's ability, to operate, or attempt to operate, any vehicle within this village. (b) Upon the trial of any action or proceeding ar~s~ng out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the in- fluence of intoxicating liquor, evidence of the amount of alco- hol in the person's blood at the time of the act alleged as shown by a chemical analysis of his breath, blood, urine, saliva or other bodily substance is admissible, and the result of any such bodily substance is admissible, and the result of any such analysis shall give rise to the following presumptions: 1. If there was 0.05 per cent or less by weight of alcohol in the person's blood, it shall be presumed that such person was not under the influence of intoxicating liquor. 2. If there was in excess of 0.05 per cent but less than 0.15 per cent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether such person was under the influence of intoxicating liquor; 3. If there was 0.15 per cent or more by weight of alcohol in the person's blood, it shall be presumed that such person was under the influence of intoxicating liquor. 4. The foregoing provisions of this paragraph (b) shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. (c) Every person who is convicted of a violation of this section shall be fined not less than One Hundred Dollars ($100) nor more than Five Hundred Dollars ($500). SECTION TWO: All ordinances, or parts of ordinances, in conflict herewith are hereby repealed. SECTION THREE: This ordinance shall be in full force and effect from and after its passage, approval and publication in the manner provided by law. Published in the Mount Prospect Herald April 28, 1966. AYES: 5 NAYS: 0 PASSED this 19 day of April , 1966. / 19 day of April , 1966. // A ~ / Ad~~ Village F . .iden:1t: APPROVED this ATTECT: ~/~ V.lllage Clerk