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HomeMy WebLinkAbout0276_001ORDINANCE NO. 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; Im lied Consent. A. 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. 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unconscious or who is otherwise in a condition rendering such person incapable of refusal, shall be deemed not to have withdrawn the consent provided by Paragraph A of this Section and the test or tests may be administered subject to the provisions of Section 18.501.2. 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. F. 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. A. 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 - B. Except as provi._I in Paragraph C., no dr. -,.:r 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. C. 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. D. The exemption applicable to chartered buses under paragraph B does not apply to any chartered bus being used for school purposes. E. 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: NAYS: ABSENT: PASSED and APPROVED this ATTEST: Village Clerk day of Village President i Village of N.4junt Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: BOARD OF TRUSTEES FROM: MAYOR CAROLYN H. KRAUSE RE: . ARTS COUNCIL OF MOUNT PROSPECT APPOINTMENTS DATE: JANUARY 31, 1986 Village Trustee Leo Floros and Library President Sam Hess hereby submit the following names to serve as the first Board of Directors, for terms as specified, on the Arts Council of Mount Prospect: Term Chairman John Sibrava, 219 South George 3 Years Dr. Rocco Blasi, 609 South Maple 2 Years Diane Kumpf, 802 South Main 1 Year Adelaide Thulin, 4 South Owen 1 Year Louise Lapinski, 803 South Main 3 Years Chuck Bennett, 403 North Pine 2 Years Mary Ellen Brady, 1202 West Milburn 1 Year Sol Minkoff, 601 North Eastwood 2 Years Sue and Dimitri Argoe, 401 South Main 3 years The committee received other letters indicating interest. All residents were equally qualified and those not appointed will serve on the various committees. CAROLYN H. KRAUSE CHK/rcw TO: FROM: RE: DATE: Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM BOARD OF TRUSTEES MAYOR CAROLYN H. KRAUSE APPOINTMENT TO BOARD OF FIRE AND POLICE COMMISSIONERS JANUARY 28, 1986 I submit the name of Carol Rappel to serve on the Board of Fire and Police Commissioners in place of Evan Davis who has resigned. Carol and her husband reside at 708 South Na-Wa-Ta with their two sons and has been a Mount Prospect resident for the past 16 years. Carol has a B. A. in Sociology and a M.B.A. from Loyola. She is Senior Business Planner for Motorola, 1301 East Algonquin, Schaumburg 60196. Her home phone is 392-5249; business phone is 576-2675. Her term is to expire in 1987. CAROLYN H. KRAUSE CHK/rcw c: Village Manager Terrance L. Burghard Chief of Police Ronald W. Pavlock Fire Chief Lawrence Pairitz Hank Friedrichs, Chairman, Board of Fire and Police Commissioners