11-83 Amend Traffic Code - DUI - Laserfiche WebLink

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ORDINANCE NO. 11-83 BY: Brown, Chinnock, Gallagher, Graham, McBride, Salmon, Wendling AN EMERGENCY ORDINANCE to amend Sections 333.01, 331.34(a) and 335.07 of the Traffic Code of the Codified Ordinances of the City of Lakewood and to supplement same by enacting new Section 333.021, all relating to the operation of a vehicle in a reckless manner or while under the influence of alcohol. WI:EREAS, Am. Sub. Senate Bill 432 has revised the State law relating to operating a vehicle in a reckless manner or while under the influence of alcohol, a drug of abuse or both, effective March 16, 1983, and WHEREAS, the Ohio Constitution requires ordinances which are enacted as an exercise of the Municipality's police powers to comply with general State law, and WHEREAS, this ordinance constitutes an emergency measure providing for the immediate preservation of the public safety, health, and welfare and for the usual daily operation of a municipal department and for the further reason that there exists an imperative necessity to amend the Traffic Code to comply with cur- rent State law; now, therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 333.01 of the Traffic Code of the Codified Ordinances of the City of Lakewood now reading as follows: 333.01 DR1A'ING Oil PHYSICAL CONTROL WHILE UNDER THE INFLUENCE; EVII)ENCE. (a) No person who is under the inlluence of alcohol or any drug of abuse, or the combined influence of alcohol and any drug of abuse, shall operate any vehicle within the Municipality. (ORC .t511.19) (b) No pcrson who is under the influence of alcohol or any drug of abuse, or the combined infklencc of ulcohol and any dm~g of abuse, shall be in actu~ physic~ control of any vehicle with~ the ~IunicipaliW. (c) In any criminal prosecution for a violation of this section relating to driving a vehicle.while under the influence of alcohol, the court n~ay admi~ evidence on the ~on- ccntration of alcohol in the defendant's blood at the time of the alleged violation as shown by chemical unal.ysis of the defendant's blood, urine, breath or other bodily substance wi'd~druvn~ within t%vo hours of the time of such alleged violation. When a person submits to a blood test at the request of a police officer under Ohio R.C. 4511. 191, o:~y a physician or a registered nurse sh:dl %vithdra%v blood for thc ptu-pose of determi:~.ng the alcoholic content therein. This limitution does not apply to the taking of breath or urine specimens. Such bodily substm]ce shall be analyzed in accordance with methods approved by the Ohio Director of Health by an h]dividuM possessing a valid permit issued by thc Director of IteMth pursuant to Ohio R.C. 2701.143. Such evidence gives rise to the following: