55-12 Amend 333.01 OVI - Laserfiche WebLink

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PLACED ON 1ST READING'-& REFERRED TO THE PUBLIC_SAFETY COMMITTEE 10/15/12. SECOND READING 11/5/12. ORDINANCE NO. 55-12 BY: Anderson, Bullock, Juris, Madigan, Nowlin, Powers, Smith. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five (5) members of Council, or otherwise to take effect at the earliest period allowed by law, amending Section 333.01, Driving Or Physical Control While Under the Influence, of the Codified Ordinances of the City of Lakewood for the purpose of complying with newly enacted state code provisions requiring an offender to provide proof of financial responsibility. WHEREAS, the following changes have recently been made to the State of Ohio traffic code; WHEREAS, Article 18, Section 3 of the Constitution of the State of Ohio permits mu- nicipalities to exercise all powers of local self-government and to adopt and enforce within their limits such as local police, sanitary and other regulations as are not in conflict with general laws; and WHEREAS, this Council by a vote of at least five (5) of its members determines that this ordinance is an emergency measure and that it shall take effect at the earliest date possible as set forth in Article III, Sections 10 and 13 of the Second Amended Charter of the City of Lakewood and that it is necessary for the immediate preservation of the public property, health, and safety and to provide for the usual daily operation of municipal departments in that the City wishes to close any window of tune between the effective date of the state code change and the effective date of the local code change; now, therefore, BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: SECTION 1. Section 333.01, Driving Or Physical Control While Under the Influence, currently reading as follows: 333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLU- ENCE. (a) (1) Operation Generally No person shall operate any vehicle within this Municipality, if, at the time of the operation, any of the following ap- ply: A. The person is under the influence of alcohol, a drug of abuse, or a combination of them. B. The person has a concentration ofeight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood. C. The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.