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G-801 - 02/13/2006 - OFFENSE - OrdinancesORDINANCE 2006 -TC- DUI -G -801 AN ORDINANCE AMENDING TITLE 7, CHAPTER 1 (MOTOR VEHICLES AND TRAFFIC) OF THE VILLAGE CODE OF THE VILLAGE OF OAK BROOK, ILLINOIS (DUI PROSECUTION) WHEREAS, the traffic offense of driving under the influence of alcohol is currently prosecuted by the DuPage County State's Attorney in the name of the State of Illinois, and WHEREAS, the Illinois statutes allow municipalities to prosecute said offenses pursuant to local ordinance under certain circumstances, and WHEREAS, the President and Board of Trustees of the Village deem it advisable and in the best interest and in furtherance of the general welfare of the citizens of the Village that said offenses be prosecuted by the Village Prosecutor on behalf of the Village under certain circumstances, and WHEREAS, an amendment to the Village Code is thereby necessary to allow the Village Prosecutor to prosecute driving under the influence and related charges under Village Ordinance, and NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF OAK BROOK, DU PAGE AND COOK COUNTIES, ILLINOIS as follows Section 1 Title 7, Chapter 1 of the Village Code is hereby amended by deleting therefrom Section 7 -1 -100 and Section 7 -6 -102 in their entirety and replacing those Sections as follows 7 -1 -100 Adoption of provisions of the Illinois Vehicle Code by reference. (a) The Illinois Vehicle Code, Chapter 625 of the Illinois Complied Statutes as amended from time to time, is hereby adopted by reference to be applied within the corporate limits of the Village of Oak Brook to the extent permitted by law (b) All references in applicable sections of the Illinois Vehicle Code to "this Code" shall be to applicable section of the Illinois Vehicle Code References to a State employee or official may be to a corresponding Village employee or official where such reference is applicable or necessary Any provisions of the Illinois Vehicle Code adopted herein may be cited by placing 7-1 -100" before the appropriate Illinois Vehicle Code section, i e ordinance speeding is cited as 7 -1- 100 -5/11 -601, Village of Oak Brook Municipal Code (c) The burden of proof for any offense classified as a "petty' offense or "business" offense of the Illinois Vehicle Code adopted herein shall be by a preponderance of the evidence Offenses classified therein as "misdemeanor" offenses shall be proven beyond a reasonable doubt (d) Any provision of this Chapter 1 of Title 7 that is inconsistent with the Illinois Vehicle Code as adopted by reference herein, shall control and that inconsistent part of the Illinois Vehicle Code hereby adopted by reference is amended to make it consistent with the terms of this Chapter 7 -4 -101 Penalties and related provisions. (a) Any person violating any provision of this Title 7 of the Village Code shall be fined in accordance with Section 1 -3 -1 herein unless otherwise provided herein below Ordinance 2006 -TC- DUI -G -801 Amending Title 7, Chapter 1, Page 2 (b) A violation of any provision of this Chapter unless otherwise specified or a violation of any offenses classified as "petty' offenses under the aforesaid provisions of the Illinois Vehicle Code shall be punishable by a fine of not less than seventy -five dollars ($75 00) nor more than one thousand dollars ($1,000 00) for each offense (c) Offenses classified as "misdemeanors" under the provisions of the Illinois Vehicle Code adopted by reference pursuant to this Chapter shall be subject to a fine and /or imprisonment for a determinant term according to the following limitations (d) For a Class A misdemeanor, imprisonment for any term less than one year and /or fine of not less than two hundred dollars ($200 00) and not to exceed two thousand five hundred dollars ($2,500 00), except as provided in subsection (g) herein (e) For a Class B misdemeanor, imprisonment for not more than six months and /or fine of not less than one hundred dollars ($100 00) and not to exceed one thousand five hundred dollars ($1,500 00), except as provided in subsection (g) herein (f) For a Class C misdemeanor, imprisonment for not more than thirty (30) days and/or fine of not less than fifty dollars ($50 00) and not to exceed one thousand five hundred dollars ($1,500 00), except as provided in subsection (g) herein (g) The Court upon making a finding of guilty for any offense under Chapter 7 -1- 100- 5/11 -501 of this Code, in addition to any sentencing alternative elected by the Court, shall impose a fine of not less than seven hundred fifty dollars ($750 00) nor more than two thousand five hundred dollars ($2,500 00) for each such offense Section 2 That this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law Section 3 That all ordinances or parts thereof in conflict with the provisions of this ordinance be and the same are hereby repealed to the extent of such conflict APPROVED THIS 13th day of February, 2006 Kevin Q inlan Villag resident PASSED THIS 13th day of February, 2006 Ayes Trustees Kennedy, Manofsky and Yusuf Nays Trustees Aktipis and Cra Absent Trustee Sanford ATTEST Linda K Gonnella, CIVIC Village Clerk � 1 r'