33-17 Amend Sec 333.01 Driving or Physical Control while Under the Influence

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E. A violation of division (A)(2), (3) or (4) of Ohio R.C. 2903.06, division (A)(2) of Ohio R.C. 2903.08, or former Ohio R.C. 2903.07, or a municipal ordinance that is substantially equivalent to any of those divisions or that former section, in a case in which a judge or jury as the trier of fact found that the offender was under the influence of alcohol, a drug of abuse, or a combination of them; F. A violation of division (A) or (B) of Ohio R.C. 1547.11; G. A violation of a municipal ordinance prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane or similar device on the waters of this State while under the influence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating or being in physical control of any vessel underway or from manipulating any water skis, aquaplane or similar device on the waters of this State with a prohib- ited concentration of alcohol, a controlled substance, or a metabolite of a controlled substance in the whole blood, blood serum or plasma, breath or urine; H. A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (A) or (B) of Ohio R.C. 4511.19 or division (A) or (B) of Ohio R.C. 1547.11; I. A violation of a former law of this State that was substantially equivalent to division (A) or (B) of Ohio R.C. 4511.19 or division (A) or (B) of Ohio R.C. 1547.11; (2) "Municipal OVI ordnance" and "municipal OVI offense" mean any munic- ipal ordinance prohibiting a person from operating a vehicle while under the influ- ence of alcohol, a drug of abuse, or a combination of them or prohibiting a person from operating a vehicle with a prohibited concentration of alcohol, a controlled sub- stance, or a metabolite of a controlled substance in the whole blood, blood serum, or plasma, breath or urine. (3) "Cornrnunity residential sanction ", "continuous alcohol monitoring ", `jail ", "mandatory prison term ", "mandatory term of local incarceration ", "sanction" and "prison tern" have the same meanings as in Ohio R.C, 2929.01. (4) "Drug of abuse" has the same meaning as in Ohio R.C. 4506.01. (5) "Equivalent offense that is vehicle - related" means an equivalent offense that is any of the following: A. A violation described in subsection (q)(1), (2), (3),(4) or (5) hereof; B. A violation of an existing or former municipal ordinance, law of another state, or law of the United States that is substantially equivalent to division (A) or (B) of Ohio R.C. 4511.19; C. A violation of a former law of this state that was substantially equivalent to division (A) or (B) of Ohio R.C. 4511.19. shall be and hereby is repealed, and new Section 333.01, Driving or Physical Control while under the Influence, of the Lakewood Codified Ordinances is enacted to read as follows: 333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLU- ENCE. (a) (I) Operation Generally. No person shall operate any vehicle within this Municipality, if, at the time of the operation, any of the following apply: A. The person is under the influence of alcohol, a drug of abuse, or a combina- tion of them. B. The person has a concentration of eight- hundredths of one per cent or more but less than seventeen - hundredths of one per cent by weight per unit volume of al- cohol in the person's whole blood.