ACTION REQUESTED:
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Communication from the City Manager and Chief of Police with a Request to ADOPT an ORDINANCE Amending CHAPTER 28 (Traffic and Motor Vehicles), ARTICLE IV (Operation of Vehicle) of the CODE of the City of Peoria, Specifically Section 28-149-Reckless Driving; subsection (b) TOWING AND IMPOUNDMENT.
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BACKGROUND: With the growing heroin and opioid epidemic, there has also been an increase of drivers suspected of operating motor vehicles while under the influence of heroin and opioids. This reckless behavior is not only placing themselves at additional risk, but the community as well.
In close collaboration with the Peoria County State’s Attorney’s Office, a balanced response was designed for officers to efficiently investigate these circumstances and take appropriate enforcement action. This enforcement approach addresses incidents where a driver is suspected of heroin or opioid impairment, in a position of control of the motor vehicle, and operating a motor vehicle on either a public or private way.
The police response to these circumstances will include a referral to the Peoria County State’s Attorney’s Office requesting charges for the criminal offense of Driving under the Influence of Drugs. Additionally, the subject will be issued a traffic citation for the criminal violation of Illinois state statute Reckless Driving.
Although the existing City Code allows for the towing and impoundment of motor vehicles for Reckless Driving on a public way or property owned by the City of Peoria, it does not allow this enforcement action for those motor vehicles on private property.
The proposed amendment requests language to Chapter 28 Section149 Reckless Driving (b) to allow for the police officer to tow a vehicle under these circumstances if/when the motor vehicle is on any portion of any public or private property.
FINANCIAL IMPACT: NA
NEIGHBORHOOD CONCERNS: Impaired drivers from heroin/opioid use are a danger to themselves and the welfare of the community, at large. The behavior constitutes a violation of the Illinois state statute for Reckless Driving. It is in the public’s best interest that officers have the ability to tow and impound the violator’s motor vehicle when they operate a motor vehicle in such a reckless manner.
IMPACT IF APPROVED: The Peoria Police Department will have an effective enforcement response to subjects who have recklessly operated a motor vehicle in an impaired condition after using heroin or opioids. The proposed ordinance amendment will improve the police department’s capacity to respond to these types of incidents, take effective enforcement action, and tow and impound the motor vehicle. This enforcement action will likely reduce the future loss of life to both the subject and the community.
IMPACT IF DENIED: The police department will continue to lack the effective towing and impoundment enforcement tool and rely on our current response, which has been deemed ineffective for these types of investigations up to this point.
ALTERNATIVES: None
EEO CERTIFICATION NUMBER: NA
WHICH OF THE GOALS IDENTIFIED IN THE COUNCIL’S 2017 - 2032 STRATEGIC PLAN DOES THIS RECOMMENDATION ADVANCE?
1. Safe Peoria
WHICH CRITICAL SUCCESS FACTOR(S) FROM THE COMPREHENSIVE PLAN DOES THIS RECOMMENDATION IMPLEMENT?
1. Reduce crime.
2. Have an efficient government.
DEPARTMENT: Police