[Adopted 6-13-1994 by Ord. No. 183 (Ch. 50, Art. I, Sec.
50-5, of the 2003 Code of Ordinances)]
The Village Council
finds that a significant number of motor vehicle crashes and arrests
within the Village involve persons who were operating a motor vehicle
while under the influence of intoxicating liquor and/or controlled
substances. The Village Council also finds that in such motor vehicle
crashes there exists a greater likelihood of personal injury and property
damage. The Village Council also finds that as a result of these incidents,
a greater financial burden is being placed upon the resources of the
Village and its police and fire department resources by persons who
are operating a motor vehicle while under the influence of intoxicating
liquor and/or controlled substances, or while impaired.
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
Includes:
The providing for and/or utilizing of Police and Fire Department
services at the scene, or as a result of a motor vehicle crash, where
one or more of the drivers was operating such vehicle while under
the influence of intoxicating liquor and/or controlled substances,
or while impaired; or
The effecting of a traffic stop and the physical, custodial
arrest by a police officer when the arrested person was operating
a motor vehicle while under the influence of intoxicating liquor and/or
controlled substances, or while impaired.
The direct and indirect costs associated with an emergency
response, and shall include the costs connected with the provision
and administration of a breathalyzer examination and/or blood test
and any videotaping of the driver, if applicable, such costs to be
set from time to time by Village Council resolution.
A.
Any person who, while under the influence of intoxicating liquor
and/or controlled substances, or while their ability is impaired by
either the consumption of intoxicating liquor or the use of controlled
substances, or any combination thereof, shall operate a motor vehicle
in a manner which results in an emergency response, shall be liable
to the Village for the expense of the emergency response provided.
B.
For the purpose of this article, it shall be presumed that the driver
involved in the operation of a motor vehicle in a manner which results
in an emergency response was under the influence of intoxicating liquor,
or his ability to operate was impaired, if a chemical analysis of
his blood, breath or urine indicates the concentration of ethyl alcohol
in his blood was 0.07% or greater, by volume.
This article shall serve to fix responsibility and place liability
on the driver for expenses incurred by an emergency response. The
liability shall be civil in nature and shall not be construed as an
enhancement or enlargement of any penalty imposed by a judge subsequent
to a finding of criminal liability, including any fines, costs, state
judgment fee or costs of probation and/or alcohol awareness programs
assessed as part of a criminal penalty.
