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

Home Browse Search

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 an- other 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 equiva- lent 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 ordinance" 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) "Community residential sanction', "continuous alcohol monitoring ", "jail', "mandatory prison term ", "mandatory term of local incarceration ", "sanction' and "prison term" 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. Section 2. It is found and determined that all formal actions of this Council con- cerning and relating to the passage of this ordinance were adopted in an open meeting of this Council and that all such deliberations of this Council and of any of its committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements. Section 3. This ordinance is hereby declared to be an emergency measure neces- sary for the immediate preservation of the public peace, property, health, safety and wel- fare in the City and for the usual daily operation of the City for the reasons set forth and defined in its preamble, and provided it receives the affirmative vote of at least five members of Council this ordinance shall take effect and be in force immediately, or oth- erwise it shall take effect and be in force after the earliest period allowed by law. Adopted: e a w e L ) b i lot Approved: L,CZ , / 7 zo / MAYOR