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