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HomeMy WebLinkAboutOrd 3180 01/19/1982 RDINANCE NO. 3180 AN ORDINANCE TO AMEND ARTICLE V ENTITLED "DRIVING WHILE INTOXICATED, TRANSPORTING AIL~!tOLIC LIQUOR AND RECKLESS DRIVING" OF CHAPTER 18 OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS PASSED AND APPROVED. BY THE PRESIDENT AND BOARD OF TRUSTEES THE ]9th~ DAY OF ,7~p~a~¥ , 1982. Published in pamphlet form by authority of the corporate authorities of the Village of Mount Propsect, Illinois the 20~h. day of January., A.D. 1982 RDINANCE NO. 3180 AN ORDINANCE TO AMEND ARTICLE V ENTITLED "DRIVING WHILE INTOXICATED, TRANSPORTING ALCOHOLIC LIQUOR AND RECKLESS DRIVING" OF CHAPTER 18 OF THE VILLAGE CODE OF MOUNT PROSPECT~ ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Article V entitled "Driving While Intoxicated, Transporting Alcoholic Liquor and Reckless Driving" of Chapter 18 of the Village Code of Mount Prospect, Illinois, 1981, is hereby amended as follows: A. By deleting Section 18.501 thereof entitled "Persons Under the Influence of Intoxicating Liquor or Narcotic Drugs" in its entirety and by substituting in lieu thereof the following: "Sec. 18.501 Driving While Under the Influence of Alcohol, Other Drug, or Combination Thereof. 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 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 other drug or combi- nation 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. B. The fact that any person charged with violating this Section is or has been legally entitled to use alcohol, or other drugs, or any combination of both, shall not constitute a defense against any charge of violating this Section. 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, 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 11-501 of the Illinois Vehicle Code or a similar provision of the Village Code of the Village of Mount Prospect. The test or tests shall be administered at the direction of the arresting officer. The Chief of Police of the Mount Prospect Police Department 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 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. 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 suspension of such person's license to operate a motor vehicle for six (6) months for the first such arrest and refusal and a suspension of such privilege for 12 months for the second and each subsequent such arrest and refusal Within 5 years. Follow- ing 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, but the law enforcement officer shall file with the clerk of the circuit court of Cook County wherein the arrest was made a sworn statement naming the person refusing to take and complete the test or tests requested under the provisions of this Section. Such sworn statement shall identify the arrested person, such person's driver's license number, and current residence address and shall specify that a refusal by said person to take the test or tests was made. Such sworn statement shall include a statement that the arresting officer had reasonable cause to believe the person was driving the motor vehicle within this Village while under the influence of alcohol, other drug, or combination thereof and that such test or tests were made as an incident to and follow- ing the lawful arrest for an offense as defined in Section 18.501 and that the person after being arrested for an offense arising out of acts alleged to have been committed while so driving or in actual physical control of a motor vehicle refused to submit to and complete a test or tests as requested by the law enforcement officer. Such person's privileges to operate a motor vehicle shall thereupon be subject to suspension pursuant to the provisions of Section 11.501.1 of the Illinois Vehicle Code. Sec. 18.501.2 Chemical and Other Tests. A. Upon the trial of any civil or criminal action or proceeding arising out of an arrest for an offense as defined in Section 18.501, evidence of the concentration of alcohol, other drug or combination thereof in a person's blood or breath at the time alleged, as determined by analysis of the person's blood, urine, breath or other bodily substance, shall be submitted to the court for admission. Where such test is made the following provisions shall apply: 1. Chemical analyses of the person's blood, urine, breath or other bodily substance to be considered valid under the provisions of this Section shall be performed according to regulations and standards promulgated by the Illinois Department of Public Health in consultation with the Illinois Department of Law Enforcement by an individual possessing a valid permit issued by that Department for this purpose. 2. When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of Section 18.501.1, only a physician authorized to prac- tice medicine, a registered nurse or other qualified person approved by the Illinois Department of Public Health may withdraw blood for the purpose of determining the alcohol, drug, or alcohol and drug content therein. This limitation shall not apply to the taking of breath or urine specimens. - 2 - 3. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of their own choosing administer a chemi- cal test or tests in addition to any administered at the direction of a law enforcement officer. The failure or inability to obtain an additional test by a per'son shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. 4. Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforce- ment officer, full information concerning the test or tests shall be made available to the person or such person's attorney. 5. Alcohol concentration shall mean either grams of alcohol per 100 milliliters of blood or grams of alcohol per 210 liters of breath. B. Upon the trial of any civil or criminal action or proceeding arising out of acts alleged to have been committed by any person while driving or in actual physical control of a vehicle while under the influence of alcohol, the concentration of alcohol in the person's blood' or breath at the time alleged as shown by analysis of the person's blood, urine, breath, or other bodily substance shall give rinse to the following pre s umpt ions: 1. If there was at that time an alcohol concentra- tion of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol. 2. If there was at that time .an alcohol concentra- tion in excess of 0.05 but less than 0.10, such facts shall not give rise to any presumption that the person was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol. 3. If there was at that time an alcohol concentra- tion of 0.10 or more, it Shall be presumed that the person was under the influence of alcohOl. 4. The foregoing provisions of this Section shall not be construed as limiting the introduction of any other relevant evidence bearing upon the question whether the person was under the influence of alcohol. C. If a person under arrest refuses to submit to a chemi- cal test under the provisions of this Section evidence of refusal shall be submitted to the court for admission in any civil or criminal action or proceeding arising out of acts alleged to have been committed while the person under the influence of alcohol, or other drugs, or combination of both was driving or in actual physical control o~f a motor vehicle. Sec. 18.501.3 Penalties. Every person who is found guilty of a violation of Section 18.501 shall be punished by a fine of not less than $ 500 nor more than $2,500 ." B. By deleting Secton 18.505 thereof entitled "Suspension of License, Implied Consent~! in its entirety. - 3 - SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in accordance with law. PASSED AND APPROVED this 19th. day of January ' , 1982. AYES: Arthur, Farley, Floros, Miller, Muraufkis, WattenDerg NAYS: None ABSENT: None PUBLISHED this 20th.day of January , 1982. in pamphlet form. ATTE ST: 'VILLAGE CLERK VI LLAGE J P RES I DEN T - 4 -