[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:
- EMERGENCY RESPONSE
- A. 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
- B. 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.
- EXPENSE OF EMERGENCY RESPONSE
- 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.
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.
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.