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

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Read & referred to the Public Safety Committee 9/18/17. Second Reading 10/2/17. ORDINANCE NO. 33 -17 BY: Anderson, Bullock, Litten, Marx, Nowlin, O'Leary, O'Malley. AN ORDINANCE to take effect immediately provided it receives the affirmative vote of at least five 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, as contained in the Traffic Code. WHEREAS, Sections 333.01 of the Code stand to be updated to reflect recent changes to State Code and provide consistency with the State Code in all areas except penalty; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power of local self - government; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Re- vised Code, municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; and WHEREAS, this Council by a vote of at least five of its members determines that this ordinance is an emergency measure and that it shall take effect immediately, 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; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, OHIO: Section 1. Section 333.01, Driving or Physical Control while under the Influence, of the Lakewood Codified Ordinances, currently reading as follows: 333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE. (a) (1) 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. 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.