HomeMy WebLinkAboutOrd 3603 02/04/1986ORDINANCE NO. 3603
AN ORDINANCE TO ADD A SECTION 18.501.4, AND TO AMEND
SECTIONS 18.501.1, 18.501.3 AND 18.502 OF ARTICLE V
OF CHAPTER 18, OF THE VILLAGE OF MOUNT PROSPECT CODE
PASSED AND APPROVED BY
THE PRESIDENT AND BOARD OF TRUSTEES
THE 4%h DAY OF February , 1986.
Published in pamphlet form by
authority of the corporate
authorities of the Village of
Mount Prospect, Illinois, the
5th day of February , 1986.
ORDINANCE NO. 3603
AN ORDINANCE TO ADD A NEW SECTION 18.501.4,
AND TO AMEND SECTIONS 18.501.1, 18.501.3 AND
18.502 OF ARTICLE V OF CHAPTER 18,
OF THE VILLAGE OF MOUNT PROSPECT CODE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF
THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION 1:
Section 18.501.1 entitled "Suspension of
Drivers License; Implied Consent" of Chapter 18 of the Village
Code of Mount Prospect, Illinois (1981) is hereby amended in its
entirety to be read as follows:
"Sec. 18.501.1 Suspension of Driver's License; Implied..
Consent.
Any person who drives or is in actual control of a
motor vehicle upon the public highways of this Village
shall be deemed to have given consent, subject 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 if 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.
Any person who is dead, unconscious or who is
otherwise in a condition rendering such person
incapable of refusal, shall be deemed not ~o have
withdra~n 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.
A person requested to submit to a test as provided
above shall be warned by the law enforcement officer
requesting the test that a refusal to submit to the
test will result in the statutory summary suspension
of such person's privilege to operate a motor vehicle
as provided in Section 6-208.1 of the Illinois Vehicle
Code. The person shall also be warned by the law
enforcement officer that if the person submits to the
test or tests provided in Paragraph A. 0f this Section
and the alcohol concentration in such person's blood
or breath is 0.10 or greater, a statutory summary
suspension of such person's privilege to operate a
motor vehicle, as provided in Sections 6-208.1 and
11-501.1 of the Illinois Vehicle Code will be
imposed. Following this warning, if a person under
arrest refuses upon the request of a law enforcement
officer to submit to a test designated by the chief of
police as provided in paragraph A. of this Section,
none shall be given.
If the person refuses testing or submits to a test
which discloses an alcohol concentration of 0.10 or
more, the law enforcement officer shall immediately
submit a sworn report to the circuit court of venue
and the Secretary of State, certifying that the test
or tests was or were requested pursuant to Paragraph
A. of this Section and the person refused to submit to
a test, or tests, or submitted to testing which
disclosed an alcohol concentration of 0.10 or more.
Such person's privileges to operate a motor vehicle
shall thereupon be suject to the statutory summary
suspension pursuant to and under the terms of the
provisions of Section 11.501.1 and 6.208.1 of the
Illinois Vehicle Code.
The law enforcement officer submitting the sworn
report under Paragraph D. of this Section shall serve
immediate notice of the statutory summary suspension
on the person. In cases where the blood alcohol
concentration of 0.10 or greater is established by a
subsequent analysis of blood or urine collected at the
time of arrest, the arresting officer shall give
notice as provided in this Section or by deposit in
the United States mail of such notice in an envelope
with postage prepaid and addressed to such person at
his address as shown on the Uniform Traffic Ticket
and the statutory summary suspension shall begin as
provided in Section 11-501.1(g) of the Illinois
Vehicle Code. The officer shall confiscate any
Illinois driver's license or permit on the person at
the time of arrest. If the person has a valid
driver's license or permit, the officer shall issue
the person a receipt, in a form prescribed by the
Secretary of State, which will allow that person to
drive during the periods provided for in Section
11-501.1(g) of the Illinois Vehicle Code. The officer
shall immediately forward the driver's license or
permit to the circuit court of venue along with the
sworn report provided for in Paragraph D. of this
Section.
Upon receipt of the sworn report from the law
enforcement officer, the court shall confirm the
statutory summary suspension by mailing a notice of
the effective date of such suspension to the person
and the Secretary of State.
SECTION 2:
Section 18.501.3 entitled "Penalties" of
Chapter 18 of the Village Code of Mount Prospect, Illinois
(1981) is hereby amended in its entirety to be read as follows:
Sec. 18.501.3 Penalties; Evaluation.
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 subject to a fine of up
to two thousand five hundred dollars ($2,500.00), but
not less than five hundred dollars ($500.00) and/or
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 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 subject to suspension nor
shall the person be eligible for probation in order to
reduce the sentence or assignment.
- 3 -
Prior to any disposition for an offense based upon an
arrest for a violation of Section 18.501, the
defendant shall be required to undergo a professional
evaluation to determine if an alcohol or other drug
abuse problem exists and the extent of such a
problem. Programs conducting these evaluations must
be licensed by the Department of Alcoholism and
substance Abuse.
SECTION 3:
Section 18.501.~ entitled "Permitting a
Driver Under the Influence to Operate a Motor Vehicle" of
Chapter 18 of the Village Code of Mount Prospect, Illinois, is
hereby adopted to be read as follows:
Sec. 18.501.~ Permitting a Driver Under the Influence to
9perate a .Motor Vehicle.
No person shall knowingly cause, authorize, or permit
a motor vehicle owned by, or under the control of,
such person to be driven or operated within the
Village limits by anyone who is under the influence of
alcohol, other drugs, or combination thereof, as
defined in Section 18.501.2. This provisions shall
not apply to a spouse of the person who owns or has
control of, or a co-owner of, a motor vehicle or to a
bailee for hire.
Any person convicted of violating this Section shall
be guilty of a Class A misdemeanor.
SECTION 4:
Section 18.502 entitled "Transportation of
~lcoholic Liquor; Penalty" of chapter 18 of the Village Code of
Mount Prospect, Illinois (1981) is hereby amended in its
entirety to be read as follows:
Sec. 18.502 Transporation of Alcoholic Liquor; Penalty.
Except as provided in Paragraph C., no driver may
transport, carry, possess or have any alcoholic liquor
within the passenger area of any motor vehicle within
the Village except in the original container and with
the seal unbroken.
- 4 -
xcept as provided in Paragraph C., no driver may
carry any alcoholic liquor within the passenger area
of any motor vehicle within the Village except in the
original container and with the seal unbroken.
This Section shall not apply to the passengers on a
chartered bus when it is being used for purposes for
which chartered buses are ordinarily used or on a
motor home or mini motor home as defined in Section
1-145.01 of the Illinois Vehicle Code. However, the
driver of any such vehicle is prohibited from
consuming or having any alcoholic liquor in or about
the driver's area. Any evidence of alcoholic
consumption by the driver shall be prima facie
evidence of such driver's failure to obey this Section.
The exemption applicable to chartered buses under
paragraph B does not apply to any chartered bus being
used for school purposes.
A person found guilty of violating this Section shall
be fined not less than one hundred dollars ($100.00)
nor more than five hundred dollars ($500.00).
SECTION 5:
If any provision or part thereof of this
ordinance is declared by a Court of competent jurisdiction to be
invalid and if no further force and effect, such invalidity
shall not affect 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.
AYES: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg
NAYS: None
ABSENT: None
PASSED and APPROVED this 4th day of
February
, 1986.
ATTEST:
Village Clerk
Vi 1 lage ~P re s i dsnt