HomeMy WebLinkAboutOrd 3961 07/19/1988ORDINANCE NO. 3961
AN ORDINANCE TO AMEND SECTION 18.501.1 ENTITLED
"SAME - SUSPENSION OF DRIVER'S LICENSE; IMPLIED CONSENT"
AND SECTION 18.501.2 ENTITLED "SAME - CHEMICAL AND
OTHER TESTS" OF CHAPTER 18 OF THE VILLAGE OF MOUNT
PROSPECT CODE OF ORDINANCES
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 19th DAY OF July , 1988.
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
20th day of July , 1988.
ORDINANCE NO. 3961
AN ORDINANCE TO AMEND SECTION 18.501.1
ENTITLED "SAME - SUSPENSION OF DRIVER'S
LICENSE; IMPLIED CONSENT" AND SECTION 18.501.2
ENTITLED "SAME - CHEMICAL AND OTHER TESTS"
OF CHAPTER 18 OF THE VILLAGE OF MT. PROSPECT
CODE OF ORDINANCES
BE IT ORDAINED by the President and Board of Trustees of
the Village of Mount Prospect, Cook County, Illinois.
SECTION 1: Section 18.501 entitled "Driving while under
the influence of alcohol, drug or combination thereof" of
Chapter 18 of the Village of Mount Prospect Code of Ordinances,
as amended, is hereby further amended as follows:
A. By deleting paragraph (A) of Section 18.501 in its
entirety and in its place insert a new paragraph (A) of Section
18.501 which shall be and read as follows:
(A) A person shall not drive or be in actual physical
control of any vehicle within this Village while:
(1) The alcohol concentration in such person's
blood or breath is ten one hundredths (0.10) or
more based on the definition of blood and breath
units in Section 18.501.2;
(2) Under the influence of alcohol;
(3) Under the influence of any drug or any
combination of drugs to a degree which renders
such person incapable of safely driving; or
(4) Under the combined influence of alcohol and
any other drug or drugs to a degree which renders
such person incapable of safely driving.
SECTION 2:
Section 18.501.1 entitled "Suspension of
Driver's License; Implied Consent" of Chapter 18 of the Village
of Mount Prospect Code of Ordinances as amended is hereby
further amended as follows:
A. By deleting Section 18.501.1 in its entirety and in
its place adding a new Section 18.501.1 which shall be and read
as follows:
Sec. 18.501.1. Suspension of driver's license; implied
consent.
(a) Any person who drives or is in actual physical
control of a motor vehicle upon the public highways of
this village shall be deemed to have given consent,
sub3ect to the provisions of Section 18.501.2, to a
chemical test or tests of blood, breath, or urine for
the purpose of determining the alcohol, other drug, or
combination thereof content of such person's blood,
arrested, as evidenced by the issuance of a uniform
traffic ticket, for any offense as defined in Section
18.501 of this Code. The test or tests shall be
administered at the direction of the arresting
officer. The chief of police of the village shall
designate which of the aforesaid tests shall be
administered by their enforcement personnel.
(b) Any person who is dead, unconscious or who is
otherwise in a condition rendering such person
incapable of refusal, shall be deemed not to have
withdrawn the consent provided by paragraph (a) of
this section and the test or tests may be administered
subject to the provisions of Section 18.501.2.
(c) Paragraphs (c) through (1) of Section 11-501.1 of
the Illinois Vehicle Code (Illinois Revised Statutes,
ch. 95-1/2) as in effect on January 1, 1988 and as may
be thereafter amended are hereby adopted by reference
pursuant to authority granted in Illinois Revised
Statutes, ch. 95-1/2, ~20-204. All references in
Section 11-501.1 of the Illinois Vehicle Code to other
specific sections or to "this Code" shall be to
sections of the Illinois Vehicle Code. Whenever a
complaint or uniform traffic ticket is brought under
Section 18.501 of this Code, the provisions of this
section shall apply. When this section is in effect,
it shall be specifically referred to in the officer's
sworn report.
SECTION 3:
Section 18.501.2 entitled "Chemical and
other tests" of Chapter 18 of the Village of Mount Prospect Code
of Ordinances as amended is hereby further amended as follows:
A. By deleting Section 18.501.2 in its entirety and in
its place adding a new Section 18.501.2 which shall be and read
as follows:
Sec. 18.501.2. Chemical and other tests.
Paragraphs (a) through (c) of Section 11-501.2 of
the Illinois Vehicle Code (Illinois Revised Statutes,
ch. 95-1/2) as in effect on January 1, 1988 and as may
be thereafter amended, are hereby adopted by reference
pursuant to the authority granted in Illinois Revised
Statutes, ch. 95-1/2, ~20-204. All references in
Section 11-501.2 of the Illinois Vehicle Code to any
specific sections or to "this Code" shall be to
sections of the Illinois Vehicle Code. Whenever a
complaint or uniform traffic ticket is brought under
Section 18.501 of this Code, the provisions of this
section shall apply.
SECTION 4:
Section 18.501.3 entitled "Penalties" of
Chapter 18 of the Village of Mount Prospect Code of Ordinances
as amended is hereby further amended as follows:
Sec. 18.501.3 Penalties.
Every person who is found guilty of a violation of
Section 18.501 shall be guilty of a Class A
misdemeanor as provided in Chapter 38 of the Illinois
Revised Statutes, and shall be sub3ect to a fine of up
to two thousand five hundred dollars ($2,500.00), but
not less than five hundred dollars (~500.00) and
imprisonment for any term less than one year. In
addition to such penalty herein or any other
administrative action provided in this Code or by
statute, for any second or subsequent conviction of
violating this Section, Section 11-501 of the Illinois
Vehicle Code, or a similar provision of a local
rdinance, within five (5) years of a previous
violation thereof, such person shall be mandatorily
sentenced to a minimum of forty eight (48) consecutive
hours of imprisonment or assigned to a minimum of ten
(10) days of community service as may be determined by
the court. Such imprisonment or assignment shall not
be sub3ect to suspension nor shall the person be
elmgible for probation in order to reduce the sentence
or assignment. The court may impose a fine of less
than five hundred dollars ($500.00) only where, after
an evidentiary hearing, the court determines that (1)
such person is not financially able to pay a fine of
$500.00 over the course of one year; and (2) payment
of a fine of $500.00 would cause undue hardship to
someone dependent upon such person for support; and
(3) it is in the best interests of justice to impose a
fine of less than $500.00. In any case where a fine
of less than $500.00 is imposed, the court shall order
such person to perform one hour of community service
for each $6.00 by which $500.00 exceeds the fine
imposed.
SECTION 5: If any provision or part thereof of this
Ordinance is declared by a court of competent jurisdiction to be
invalid and of no further force and effect, such invalidity
shall not effect the remaining provisions of this ordinance
which shall remain in full force and effect.
SECTION 6: This Ordinance shall be in full force and
effect upon its passage, approval and publication in pamphlet
form in the manner provided by law.
DATED: This lq~b day of July , 1988__.
PASSED: 5 AYES: 5 NAYS: 0
ABSENT: 1
APPROVED by me this 19thday of July , 1988 .
of~
ATTESTED AND
J~ ~ y
Presiden'~ of the Village of Mt. Prospect
FILED with the Village Clerk ~his 20th
, 198 8 . ~2 , ~ ~-/ ~ _ --
Village Clerk
day
June 28, 1988
Mr. John Dixon
Village Manager
Village of Mt. Prospect
100 S. Emerson Street
Mt. Prospect, IL 60056
Dear Mr. Dixon:
As you may be aware, the Illinois Supreme Court has refused
to reverse the recent Appellate Court decision which upheld the
minimum fine provisions of the Village of Mt. Prospect's local
DUI ordinances. This clears the way for us to begin writing our
DUI arrests under our local ordinance again. During the
pendency of the appeal however, we have had to respond to
numerous challenges that the Village of Palatine ordinance,
which is similar to Mt. Prospect's, does not comport with due
process for those financially unable to pay the minimum fine.
Regardless of the merits of this contention, we believe that we
can head-off another appeal by addressing this question now.
Enclosed please find an ordinance which we have prepared
for the revision of Mount Prospect's DUI and implied consent
provisions. Section A of the Ordinance corrects a typographical
error in Section 18.501(a)(1) making reference to Section
18.502.2 rather than Section 18.501.2. Section B adopts Section
11-501.1 of the Illinois Vehicle Code regulating the
administration of the breathalyzer test and the procedure for
statutory summary suspensions, subparagraphs (a) and (b) of the
Ordinance make clear the fact that the Ordinance applies only
within the Village of Mount Prospect. Section 3 of the
Ordinance modifies Section 18.501.2 to be consistent with
Section 18.501.1, as amended. Section 4 of the Ordinance amends
Section 18.501.3, the Penalty provision, so as to permit a fine
under the ~500.00 minimum where absolutely necessary. I have
used the figure of ~500.00, however since nearly five years have
gone by since this minimum was established, the Board might want
to consider raising it to keep up with inflation.
I will be happy to appear before the Board of Trustees to
review the ordinance and to explain the recent court decisions
if you believe that to be appropriate.
LASS, HILL, DALL~EYER & ROTH, LTD
M~. ~ohn DJ~3<Qn
June 28, 1988
Page 2
My office looks forward to commencing prosecution
drunk driving tickets under our local ordinance.
If you have any questions, please contact me.
EMHjr/hm
cc: Chief Pavlock
Dep. Chief Richardson
Dep. Chief Daley
Mayor Carolyn Krause
of our