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PLACED ON 1ST READING & REFERRED TO THE
<br />RULES & ORDINANCES CMTE 2/19/02.
<br />
<br />ORDINANCE NO. 34-02 8YI Corrigan, Dunn, FitzGerald,
<br /> George, Roth, Seelie, Skindell
<br />
<br /> AN ORDINANCE to amend section 537.02, Vehicular Homicide and Manslaughter,
<br />of the Codified Ordinances of the City of Lakewood for the purpose of remaining
<br />consistent with the Ohio Revised Code.
<br />
<br /> WHEREAS, this ordinance is necessary for the public health, welfare and. safety.
<br />Now therefore,
<br />
<br />BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO
<br />
<br /> - Section 1. That section 537.02, Vehicular Homicide and Manslaughter, of the
<br />Codified Ordinances of the City of Lakewood currently reading as follows:
<br />
<br /> 537.02 VEHICULAR HOMICIDE.
<br /> (a) No person, while operating or participating In the operation of a motor
<br />vehicle, motorcycle, snowmobile, locomotive, watercraft or aircraft, shall negligently
<br />cause the death of another..
<br />
<br /> (b) Whoever violates this section is guilty of vehicular homicide, a
<br />misdemeanor of the first degree, provided the offender has not previously been
<br />convicted of an offense under this section or Ohio R.C 2903.06, 2903.07 or 2903.08, or
<br />Ohio R.C. 2903.04 in a case in which the offender was subllect to the sanctions
<br />described in Ohio P,.C.' 2903.04(D), and shall be subject to the penalty provided In
<br />Section 501.99.
<br /> If the jury or judge as trier of fact finds that the offender was under the
<br />influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, at the time of the
<br />commission of the offense, then the offender's driver's or commercial driver's license or
<br />permit or nonresident operating privileges shall be permanently revoked pursuant to
<br />Ohio R.C. 4507.16.
<br /> When the trier of fact determines whether the offender was under the influence
<br />of alcohol, a drug of abuse, or alcohol and a drug of abuse, the concentration of alcohol
<br />in the offender's blood, breath or urine, as shown by a chemical test taken pursuant to
<br />Ohio R.C 1547.111 or 4511.191, may be considered as competent evidence and the
<br />offender shall be presumed to have been under the Influence of alcohol if there was, at
<br />the time the bodily substance was withdrawn for the chemical test, a concentration of
<br />.ten-.hund. red. ths o.f one percent or more by weight of alcohol in the offender's blood,
<br />.~en-n.unore.c~ns. or o.ne g. rar~., or more by weight of alcohol per 210 liters of his or her
<br />Dream or rourteen-nunoredths 'of one gram or more by weight of alcohol per 100
<br />milliliters of his or her urine.
<br />
<br /> (c) If the offender has been previously convicted of or pleaded guilty to a
<br />violation of Ohio R.C. 2903.04 in a case In which the offender was subject to the
<br />sanctions described in Section 2903.04(D), or of Ohio R.C. 1547.11, 2903.06, 2903.07,
<br />2903.08, 4511.19, 4511.192 or 4507.02(B) or (D), 4507.38 or 4507.39 as those
<br />sections existed prior to September 24, 1986, Section 333.01 or 335.07 of the Traffic
<br />Code or this section, a municipal ordinance thafls substantially similar to Ohio R.C.
<br />2903.07, 2903.08, 4511.19 or 4511.192, a munidpal ordinance that is substantially
<br />similar to Ohio P,.C. 4507.38 or 4507.39 as those sections existed prior to September
<br />24, 1986, or a munidpal ordinance that is substantially Similar to Ohio P,.C. 2903.04 in a
<br />case in which the offender would have been subject to the sanctions described in Ohio
<br />R.C. 2903.04(D) had he or she been convicted of a violation of that section, if the
<br />offender has accumulated twelve Points pursuant to Ohio R.C. 4507.021 within one
<br />year of the offense, or If In the commission of the offense the offender was driving
<br />under suspension or operating a motor vehicle while under the Influence of alcohol, a
<br />drug of abuse, or alcohol and a drug of abuse, he or she shall not be eligible for shock
<br />
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