§ 77.01  ADOPTION BY REFERENCE.
   (A)   The Illinois Vehicle Code, ILCS Ch. 625, Act 5, §§ 1-100 et seq. (the “Vehicle Code”), as amended from time to time, is hereby adopted by reference to be applied within the corporate limits of the city, to the extent permitted by law, and to the extent that their subject matter is not otherwise regulated by the city’s code, or inconsistent with any lawful provision of the city’s code.
   (B)   All references in applicable sections of the Vehicle Code to this code shall be to applicable sections of the Vehicle Code. References to a state employee or official may be to a corresponding city employee or official where such reference is applicable or necessary. Any provisions of the Vehicle Code adopted in this section may be cited by placing “77" before the appropriate Vehicle Code section, (i.e. 77/11-501).
   (C)   The burden of proof for any offense classified as a “petty” offense or “business” offense in the Vehicle Code adopted shall be by a preponderance of the evidence. Offenses classified therein as “misdemeanor” offenses shall be proven beyond a reasonable doubt.
   (D)   The adoption of the Vehicle Code and the enforcement of ordinances thereby adopted relating to driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof is hereby limited to those offenses the violation of which  would constitute a misdemeanor under ILCS Ch. 625, Act 5, § 11-501. The city may, however, charge an offender with a misdemeanor offense if the State’s Attorney rejects or denies felony charges for the conduct that comprises the charge.
   (E)   Should  the attorney who is prosecuting an offender for a violation of any ordinance adopted by reference to the Vehicle Code become aware that, based on a driver’s history, the driver is subject to prosecution for a felony under ILCS Ch. 625, Act 5, § 11-501, the attorney shall notify the DuPage County State’s Attorney of the driver’s conduct and may not prosecute the driver on behalf of the city.
(Ord. 02-82, passed 4-8-03; Am. Ord. 12-9, passed 2-28-12)