In any trial of any civil action or proceeding with respect to the enforcement hereof alleging that any person is liable hereunder because such person was the cause of or was a substantial causative factor of an accident requiring emergency medical, fire or police responses while such person was driving or in actual physical control of a vehicle while under the influence of alcoholic beverages or controlled substances, or a combination of alcoholic beverages and controlled substances, to the extent that his or her normal faculties were impaired, or to the extent that he or she was deprived of full possession of his or her normal faculties, it shall be presumed that such person's normal faculties were impaired or that such person was deprived of full possession of his or her normal faculties, if such person shall plead nolle contendere or guilty to or shall have been found guilty in trial of a violation of F.S. § 316.193 or 316.1934, or if such person refuses an officer's request to submit to any breath, blood or urine test provided in F.S. § 316.1932, and such officer shall have submitted a sworn statement that he had reasonable cause to believe the person had been driving or had been in actual physical control of a motor vehicle within the city while under the influence of alcoholic or controlled substances or a combination of alcoholic beverages and controlled substances, and that such person had refused to submit to the test or tests after being requested to do so by the officer.
(Ord. 890, passed 5-3-89)