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HomeMy WebLinkAboutOrd 4023 02/07/1989ORDINANCE NO. 4023 AN ORDINANCE TO AMEND ARTICLE II ENTITLED, 7PUBLIC PASSENGER VEHICLES" OF CHAPTER 11 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 7th day of February , 1989 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 8th day of February , 1989. ORDINANCE NO. 4023 AN ORDINANCE TO AMEND ARTICLE II ENTITLED, "PUBLIC PASSENGER VEHICLES" OF CHAPTER ll OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS WHEREAS: The Mayor and Board of Trustees of the Vlltage of Mount Prospect find it to be in the best interest of the health, safety, and welfare of the residents of Mount Prospect to regulate the operation of public passenger vehicles on the roadways within its corporate limits. NOW THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That paragraph B of Section 11.1126 of Chapter II of the Village Code of Mount Prospect, Illinois, as amended, is hereby further amended by adding thereto a new paragraph B with the remaining paragraphs of Section 11.~126 relettered in proper alphabetical sequence; so that hereinafter said Section ~1.1126.B shall be and read as follows: "B. Whenever any person holding a Mount Prospect passenger vehicle chauffeur's license is operating a p%~lic passenger vehicle and is stopped by a Mount Prospect Police Officer for the violation of any traffic regulation as set forth in the Mount Prospect Village Code or the Illinois Vehicle Code, the Police Officer may upon reasonable suspicion that the operator's actions have been influenced by drugs or alcohol or any combination of either require the operator to submit to a test to determine the presence of any drug or alcohol in the operator's system. Such test may be any test that zs generally accepted in the sc~entific community as being able to detect the presence of drugs or alcohol. The fact that the test is administered according to Illinois Department of Health guidelines shall be conclusive of its validity. Upon making application for a Mount Prospect passenger vehicle chauffeur's license the operator impliedly consents to the taking of a drug or alcohol detection test as set forth herein. Any refusal shall result in an ~rrevocable revocation of such license. No warnings to the operator are necessary in order for the Village Manager to revoke said license. For purposes of this section, reasonable suspicion need not be probable cause. In the case of alcohol the detection of the presence of an alcoholic beverage (including an empty container) or an odor of an alcoholic beverage on the operator's breath shall give rise to a reasonable suspicion of the influence of alcohol, but this is not the only valid indicator. In the case of drugs, any one or more of the following shall give rise to a reasonable suspicion of the influence of drugs: 1. smell of burning marijuana, 2. presence of any drug paraphernalia, i.e., cigarette rolling paper, pipes associated with the use of drugs, etc., 3. apparent presence of any drug, even a residual amount. But these are not the only valid indicators. For purposes of this section a blo~ alcohol content, as defined in Section 18.501 of the Mount Prospect Village Code, of 0.05 shall be considered conclusive of the operator's actions being Influenced by alcohol. In the case of drugs the following amounts shall be considered conclusive of the operator's actions being influenced by drugs: NITIAL TEaT LEVELS Substance Test Levels (ng/ml) Marijuana metabolites Cocaine metabolites Opiate metabolites Phencyclidine Amphetamines 100 300 300* 25 1,000 * 25ng/ml if immunoassay specific for free morphine. Positive test results must be confirmed by an additional (confirmatory) test. CONFIRMATORY TEST LEVELS Marijuana metabolite (1) Cocaine metabolite (2) Opiates: Morphine codeine Phencyclidine Amphetamines:- Amphetamine Methamphetamine 15 150 300* 300* 25 500 500 (1) Delta-9-tetrahydrocannablnol-9-carboxylic acid. (2) Benzoylecgonlne. Immediately upon being issued positive test results, the Village Manager shall permanently revoke the operator's Mount Prospect Passenger vehicle chauffeur's license. Immediately upon being notified by the Chief of Police that an operator has refused to submit to a drug or alcohol detection test, the village Manager shall permanently revoke the operator's Mount Prospect passenger vehicle chauffeur's license. Notices of revocation shall be valid if given by registered mall to the operator at his address listed upon his or her application or at the listed address of the employer. Failure to accept service of the notice shall not invalidate the revocation." SECTION TWO: This Ordinance shall be in full force and effect from and after 1ts passage, approval and publication in pamphlet form in the manner provided by law. PASSED and APPROVED this 7th day of ~oh~,~y , 1989. AYES: Arthur, Farley, Floros, Murauskls, Van Geem NAYS: Wattenberg ABSENT: None Vil 1 age/President ATTEST: Village Clerk