City of Momence - 2015 Ordinances and Resolutions - page 98

20
G
.
False Identification Not a Defense
. It shall not be a defense to any action brought criminally, civilly or
administratively against any liquor licensee or any other person charged with the delivery of any alcoholic liquor to
an underage person that such a person produced false identification or false proof of age. The person or persons
hearing and deciding the charges may consider such a claim when determining the penalty to be assessed or the
apportionment of damages.
H.
Operation of aMotor VehicleWhile in a State of Impairment
. It shall be unlawful for any underage person
to operate amotor vehicle on a street or highway of the City while in a state of impairment due to the consumption
of an alcoholic liquor or with any alcohol at all in his or her system. For purposes of this chapter only, “operation of
a motor vehicle” shall have the definition ascribed to it in the Illinois Vehicle Code rather than the definition set
forth inChapter 12-6-1 of thisChapter.
I.
Operation of aMotor Vehicle by Underage Persons with Alcoholic Liquor in or on the Vehicle
; When an
underage person operating a motor vehicle is impaired due to alcohol or has alcohol in the system or is operating a
vehicle in violationof a restrictionpursuant to this Chapter, the following shall apply
1. Themotor vehicle shall be subject to immediate impoundment by the police department.
2. The following factors shall not be considerations in determining whether or not to impound the motor
vehicle:
a.Whether the alcoholic liquor is in anopened or anunopened container.
b.Whether the operator is the owner of the alcoholic liquor in the vehicle.
c.Whether the owner or operator had knowledge of the existence of the alcoholic liquor within the
motor vehicle.
3. Upon impoundment, the motor vehicle may be released only to another person showing proof of
ownership or lease rights to the motor vehicle. If the underage operator is the owner or lessor of the
vehicle, then the vehiclemay be released only to a parent or spouse of the underage owner. If the underage
person has no parent or spouse living in the immediate area, the vehiclemay be released, upon satisfactory
proof of such fact, as set forth in Paragraph 4 of this Section.
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