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HomeMy WebLinkAboutORDINANCE - 433 - 6/28/1966 - INTOXICATING LIQUOR/NARCOTIC/DRUGSORDINANCE NO. 433 AN ORDINANCE AMENDING SECTION 14.701 OF THE VILLAGE OF ELK GROVE VILLAGE MUNICIPAL CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF ELK GROVE VILLAGE, ILLINOIS: SECTION 1: Section 14.701 of the Municipal Code of the Village of Elk Grove Village is hereby further amended, so that the said Section 14.701 shall thereafter read as follows: "Section 14.701. Persons under the influence of intoxicating liquor, narcotic drugs or other drugs. (a) It is unlawful and punishable as provided in subdivision (c) of this section for any person who is a habitual user of narcotic drugs or any person who is under the influence of intoxicating liquor or narcotic drugs or other drugs such as antihistamines, tranquilizers, ephedrine compounds or soporific medications which would impair the driver's ability, to operate, or attempt to operate, any vehicle within this village. (b) Upon the trial of any 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 intoxicating liquor, evidence of the amount of alcohol in the person's blood at the time of the act alleged as shown by a chemical analysis of his breath, blood, urine, saliva or other bodily substance is admissible, and the result of any such analysis shall give rise to the following presumptions: 1. If there was 0.05 per cent or less by weight of alcohol in the person's blood, it shall be presumed that such person was not under the influence of intoxicating liquor. 2. I£ there was in excess of 0.05 per cent but less that 0.15 per cent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether such person was under the influence of intoxicating liquor; (1) 3. If there was 0.15 per cent of more by weight of alcohol in the person's blood, it shall be presumed that such person was under the influence of intoxicating liquor. 4. The foregoing provisions of this paragraph (b) shall not be construed as limiting the intro- duction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. (c) Every person who is convicted of a violation of this section shall be fined not less that One Hundred Dollars ($100) nor more that Five Hundred Dollars ($500). Section 2: All ordinances, or parts of ordinances in conflict herewith are hereby repealed. Section 3: This ordinance shall be in full force and effect from and after its passage, approval and publi- cation in the manner provided by law. PASSED and APPROVED this 28th day of June, 1966. Jack D. Pahl President ATTEST: Eleanor G. Turner Village Clerk PUBISSHED this 7th day of July, 1966 in the Elk Grove Herald and DuPage County Register. (2)