Loading...
HomeMy WebLinkAboutOrdinances - MC-81-223 - 12/21/1981 - Ch 13 DUIORDINANCE NO. MC-81-223 AN ORDINANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1. Article V of Chapter 13 of the Municipal Code, City of McHenry, Illinois be and the same is hereby amended to read as follows: ARTICLE V Driving While Under the Influence of Alcohol, Other Drugs or Combination thereof, Transporting Alcoholic Liquor, Reckless Driving and Drag Racing. 13-501.1 DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, OTHER DRUGS OR COMBINATION THEREOF. (a) A person shall not drive or be in actual actual physical control of any vehicle within this City 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 13-501.2: 2. Under the influence of alcohol: 3. Under the influence of any other drug or combination 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. 13-501.2 CHEMICALS OR OTHER TEST. (a) Upon the trial of any civil or criminal action or proceeding arising out of an arrest for offense as defined in Section 13-501.1 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 admissible. Where such test is made the following provisions shall apply: 1. Chemical analyses of the person's blood, urine, beath or other bodily substance to be considered valid under the provisions of this Section shall have been performed according to standards promulgated by the Department of Public Health in consultation with the 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 only a physician authorized to practice medicine, a registered nurse or other qualified person approved by the 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 or breath or urine specimens. 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 chemical 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 person 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 enforcement 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. -2- (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 rise to the following presumptions: 1. If there was at the time an alcohol concentration of 0.05 or less, it shall be presumed that the person was not under the influence of alcohol. 2. If there was at the time an alcohol concentration 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 the time an alcohol concentration 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) Section 11-50-1.1 of the Illinois Revised Statutes, Chapter 95 1/2, shall apply in full force and effect to any person who shall drive a motor vehicle anywhere in the City of McHenry. 13-502. TRANSPORTATION OF ALCOHOLIC LIQUOR. No person shall transport, carry, possess or have any alcoholic liquor within the passenger area of any motor vehicle expcept in the original container and with the seal unbroken. -3- 13-503. RECKLESS DRIVING. Any person who drives any vehicle with a willful or wanton disregard for the safety of persons or property is guilty of reckless driving. 13-504. DRAG RACING. It is unlawful to be a participant in drag racing. "Drag racing" means the act of 2 or more individuals competing or racing on any street or highway in this City in a situation in which one of the motor vehicles is beside or to the rear of a motor vehicle operated by a competing driver and the one driver attempts to prevent the competing driver from passing or overtaking him, either by acceleration or maneuver, or one or more individuals competing in a race against time on any street or highway in this City. SECTION 2. Any person, firm or coporation violating any provision of this ordinance shall be fined not less than Ten Dollars ($10.00) nor more than Five Hundred Dollars ($500.00) for each offense committed on each day during, or on which, a violation occurs or continues. SECTION 3. All ordinances, or parts thereof, in conflict with the terms and provisions hereof, be and the same are hereby repealed to the extent of such conflict. SECTION 4. This ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, Illinois. SECTION 5. This ordinance shall be in full force and effect from and after its passage, approval and publica- tion in pamphlet form, as provided by law. -4- PASSED this 21st day of December, 1981. AYES• Nolan, Pepping, Datz, Harker, Wieser, Smith, Meurer, Serritella NAYS: None ABSTAINED: None ABSENT: None APPROVED this 21st day of December, 1981. ATTEST: City Clerk -5- ow 'mayor