A. Prohibition: It shall be unlawful for any person, while in an intoxicated condition, to drive any vehicle upon the streets of the city. (1925 Code § 35-16)
B. Emergency Response Restitution:
1. Definition: As used in this subsection, "emergency response" means any incident requiring a response by a police officer, a firefighter carried on the rolls of a regularly constituted fire department, or an ambulance.
2. Fee Established: Any individual convicted of or who pleads guilty to and is placed on supervision for a violation of 625 Illinois Compiled Statutes 5/11-501, section 5-7 of the snowmobile registration and safety act 1 , section 5-16 of the boat registration and safety act 2 , or a similar provision, whose operation of a motor vehicle, snowmobile, or watercraft while in violation of 625 Illinois Compiled Statutes 5/11-501, section 5-7 of the snowmobile registration and safety act, section 5-16 of the boat registration and safety act, or a similar provision, proximately caused an incident resulting in an appropriate emergency response shall be required to make restitution to the city for the costs of that emergency response. The restitution may not exceed one thousand dollars ($1,000.00) per agency for each emergency response.
3. Information To State: The city police chief and city fire chief are hereby authorized and directed to promptly advise the appropriate state's attorney of the city's desire to seek said restitution in such instances as defined under subsection B2 of this section, and to provide the state's attorney with such further information necessary as to the costs associated with said emergency response.
4. Action To Recover Costs: In the event the appropriate state's attorney declines to seek the requested restitution, the city attorney is hereby authorized to maintain a separate action to recover the costs associated with said emergency response, and in such instance, said person(s) shall be liable to the city for reasonable attorney fees and costs incurred to recover said costs associated with said emergency response. (Ord. 08-05, 7-14-2008)
Notes
| 1 | 1. 625 ILCS 40/5-7. |
| 2 | 2. 625 ILCS 45/5-16. |