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HomeMy WebLinkAboutOrd 4560 06/15/1993 ORDINANCE NO. 4560 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the 15th day of June , 1993 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 15th day of June , 1993. ORDINANCE NO. 4560 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, acting in the exercise of their home rule power; SECTION 1: That Chapter 13, Section 13.101, Definitions, of the Mount Prospect Village Code, as amended, is hereby further amended by the addition of the following new definitions, to be added to the existing definitions and inserted in alphabetical order, to be and read as follows: ALCOHOLIC BEVERAGES OR LIQUOR: A. Any spirits, wine, beer, ale or other liquid containing more than one-half of one percent (.5%) of alcohol by volume, which is fit for beverage purposes. B. Any beverage containing zero percent (.00%) or more alcohol by volume commonly known as "near beer", "nonalcoholic beer", or "nonalcoholic wine", whose taste, color, odor, and consistency are similar to the alcoholic beverages known as beer and wine and, except for the reduced alcohol Content, is marketed as being similar to beer or wine. CONTROL OF PREMISES: For purposes of this Section to be in control of a premises or to have a premises under one's control shall mean a legal or beneficial ownership, rental, lease or license. Control may also exist where none of the aforesaid legal relationships apply, but where an adult is otherwise clearly in charge of and controlling a particular premises. DELIVERY OF ALCOHOLIC LIQUOR: The sale, gift or exchange of an alcoholic liquor from one person to another. Delivery is meant to include providing of any alcoholic liquor of whatever kind or nature from one person to another. FALSE IDENTIFICATION: Any document used for identification or proof of age that has been altered or defaced or that contains false or misleading information or that contains a name that is not the actual name of the person using it. IMPAIRMENT: Impairment as used in this Chapter shall mean any diminution or compromise of a person's physical, mental or perceptual abilities due to the consumption of an alcoholic beverage. Impairment does not require that the blood alcohol content be in excess of any particular gram of alcohol to milliliters of blood or breath ratio. OPERATION OF A MOTOR YaU/ICLE: For purposes of this Chapter 13, operation of a motor vehicle shall include physical control of the motor vehicle. It shall mean the operation or control of a motor vehicle anywhere in the Village of Mount Prospect, whether on private or public property. To be in physical control, the person need not be actually driving the motor vehicle and the vehicle need not be running. If there is only one person inside of a motor vehicle that person shall be presumed to be in physical control, regardless of the person's location within the vehicle. If there is only one person in a front seat or front passenger area of a motor ~vehicle, that person shall be presumed to be in physical control regardless of the person's location in the front passenger area. If there are persons in the vehicle, but not in the front passenger area, the owner of the vehicle or the person to whom permission was given to operate the vehicle, shall be presumed to be in physical control of the vehicle. PARENT: A natural or adoptive parent or a court designated guardian. UNDERAGE PERSON: Any person under twenty-one (21) years of age. VICARIOUS LIABILITY: The liability that is implied as a matter of law even though the person may not have directly caused an injury to another person. SECTION 2: That Chapter 13 of the Mount Prospect Village Code, as amended, is hereby further amended by the addition of a new Section 13-123.3, Consequences of Facilitating the Use of Alcoholic Beverages by Underage Persons, to be and read as follows: Sec. 13-123.3. Consequences of Facilitating the Use of Alcoholic Beverages by Underage Persons. A. Delivery of Alcoholic Beverage to an Underage Person. It shall be unlawful to deliver any alcoholic beverage to any underage person. B. Use of Premises for Consumption of an Alcoholic Beverage. It shall be unlawful for any person to knowingly or negligently permit, on premises under his or her control, the consumption of an alcoholic beverage by an underage person. This section shall apply to both residential and commercial premises. C. Exceptions. Paragraphs (A) and (B) of this Section 123.3 shall not apply in the following circumstances: 1. The performance of a bona fide religious service; 2. The delivery of an alcoholic beverage to an underage person, by that person's parent, within the home and under the direct supervision of the parent. However, the following rules shall be applied to this subsection (2) (Exception): a. In any prosecution of an underage person for the commission of any state or local offense, the prosecutor, upon reasonable grounds, may request a ruling and the court shall rule as to whether the consumption of an alcoholic beverage as permitted by the parent was a contributing factor in the commission of the offense. If it is so determined in the affirmative, then the penalty set forth in paragraph (D) of this Section 123.3 shall apply. b. The parent shall remain vicariously liable as set forth in paragraph (E). - 3 - D. Penalty. Any person found guilty of violating subsection (A) or (B) of this Section 13-123.3 shall be fined in the mandatory amount of One Thousand Dollars ($1,000.00). E. Vicarious Liability of a Parent or Other Person Facilitating the Use or Abuse of Alcoholic Beverages. The following persons shall be liable to any individual who has been injured by an alcohol impaired underage person when the impairment is a contributing cause of the injury: 1. Any person who delivered to the underage person any alcoholic beverage which contributed to the impairment. The person making the initial delivery to an underage person remains liable to anyone injured by the same or different underage person regardless of how many times the alcoholic beverage changed hands. 2. Any person in control of a premises, who knowingly or negligently fails to maintain supervision to such an extent that an alcholic beverage is consumed on the premises by an underage person. 3. Any person who knowingly or negligently permits the operation of a motor vehicle under his or her control by an underage person, when the person knew or in the exercise of ordinary judgment should have known that the underage person was either impaired or had consumed any amount of alcohol within two (2) hours prior to when the permission was granted. The vicarious liability established by this Section 13-123.3 shall not be subject to the limitations on damages as set forth in Chapter 43, Section 135 of the Illinois Revised Statutes. Sec. 13-123.4. False Identification Not A Defense. It shall not be a defense to any action brought criminally civilly, or administratively against any liquor licensee or any other person charged with the delivery of any alcoholic beverage to an underage person that such a person produced false - 4 - identification or proof of age. The person or persons hearing and deciding the charges may consider such a claim when determining the penalty to be assessed or the apportionment of damages. Sec. 13-123.5. Use of False Identification. Any underage person found guilty of attempting to obtain delivery of an alcoholic beverage by use of false proof of age shall be subject to a mandatory fine of Five Hundred Dollars ($500.00). If the false proof of age was an improperly used driver's license, the person so using it shall be subject to a mandatory loss of driving privileges for six (6) months within the Village of Mount Prospect and any other Illinois municipality or municipalities which have by appropriate action recognized loss of driving privilege reciprocity for such violations. Sec. 13-123.6. Operation of a Motor Vehicle While in aState of Impairment. It shall be unlawful for any underage person to operate a motor vehicle on a street or highway of the Village of Mount Prospect while in a state of impairment due to the consumption of an alcoholic beverage. For purposes of this Section 13-123.6 only, operation of a motor vehicle shall have the definition ascribed to it under the Illinois Vehicle Code rather than the definition set forth in Section 13.101 of this Chapter 13. Sec. 13-123.7. Operation of a Motor Vehicle by Underage Persons With an Alcoholic Beverage In or On the Vehicle; or When the Underage Person is Impaired Due to Alcohol. The following shall apply when any underage person is found in the Village of Mount Prospect operating any motor vehicle in which or on which is found any alcoholic beverage of any kind or nature, or when the underage person is in a state of impairment due to consumption of alcohol: A. The motor vehicle shall be subject to immediate impoundment by the Mount Prospect Police Department; B. The motor vehicle may be released only to another person showing proof of ownership or lease rights to the motor vehicle; 1. If the underage operator is the owner or lessor of the vehicle, then the vehicle may be released only to a parent or legal guardian of the underage owner; C. The motor vehicle may not be released to any person who was a passenger in the motor vehicle at the time the alcoholic beverage was found unless at least twenty-four (24) hours have passed from the time of the finding; D. The vehicle shall not be released until the person seeking the release has paid an administrative fee of Two Hundred and Fifty Dollars ($250.00) to the Mount Prospect Police Department, plus any towing or storage costs; E. If the operator is subsequently found guilty of driving with open alcohol in a motor vehicle or possession of alcohol by a minor or of operating a motor vehicle while impaired pursuant to Section 13-123.6 of this Chapter, that person shall be subject to a mandatory loss of driving privileges for six (6) months within the Village of Mount Prospect and any other Illinois municipality or municipalities which have, by appropriate action, recognized loss of driving privilege reciprocity for such violations. F. The following factors shall not be considerations in determining whether or not to impound the motor vehicle: 1. Whether the alcoholic beverage is in an opened or an unopened container; 2. Whether the operator is the owner of the alcoholic beverage or the vehicle; 3. Whether the operator had knowledge of the existence of the alcoholic beverage within the motor vehicle. G. The above obligations and penalties shall be in addition to the penalties that may be assessed in a court of law for any charges incident to the stop; Any law enforcement officer, the Mount Prospect Police Department and the Village of Mount Prospect and any of its officers or - 6 - agents shall be absolutely immune from any liability or exposure to liability of any kind or nature for the enforcement or implementation of this Section 13-123.7. Sec. 13-123.8. Reciprocal Enforcement of Suspension of Driving Privilege. A. Prohibition. No person shall operate a motor vehicle within the corporate limits of the Village of Mount Prospect whose driving privileges have been suspended in Mount Prospect or any other Illinois municipality for violation of Section 123.5 and Subsection 123.7(E) of this Chapter 13 or any similar provisions of the other municipality's ordinances. B. Penalty. Any person found guilty of violating this Section 123.8 shall be fined in the mandatory amount of Five Hundred Dollars ($500.00). SECTION 3: That Chapter 13, Section 13-125 of the Mount Prospect Village Code, as amended, is hereby further amended by replacing said Section 13-125, Penalties for Misdemeanor, with the new Section 13-125, to be and read as follows: Unless another penalty is set forth in this Chapter, every person found guilty of a violation of any of the provisions of this Chapter shall be subject to a fine of not less than One Hundred Dollars ($100.00), nor more than Five Hundred Dollars ($500.00) for each offense and a separate offense shall be deemed to have been committed on each day during or on which a violation occurs or continues. Any fines set forth in this Chapter shall be assessed regardless of whether the violator is convicted or placed on supervision by the court. If the Court is of the opinion that the ends of justice would be better served by requiring community service of the violator or a combination of a fine and community service, the fine may be mitigated at a rate of one hour of community service for every Ten Dollars ($10.00) of the mandatory fine. SECTION 4: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 5: That this ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. PASSED: This 15th day of June , 1993. AYES: 5 NAYS: 0 ABSENT: 1 PASS: 0 APPROVED by me this 15th day of June , 1993. ATTESTED and FILED in the offile if°thlh;iiiiilgil°fk~tlilr~s~ilct day of ~]i~n~ , 1993. EMH2ORD 15D -8-