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a1_, <br />ORDINANCE NO. 2004-45 <br />INTRODUCED BY: Mayor Rinker and Council as a Whole <br />AN EMERGENCY ORDINANCE <br />AMENDING SECTION 333.01 OF THE CODIFIED ORDINANCES OF THE <br />VILLAGE OF MAYFIELD BY ADDING AN ADDITIONAL PROHIBITION OF <br />OPERATING A VEHICLE UNDER THE INFLUENCE AND REFUSING A <br />CHEMICAL TEST HAVING PREVIOUSLY BEEN FOUND GUILTY OF OVI <br />WITHIN THE PAST TWENTY (20) YEARS. <br />WHEREAS, House Bill 163 which takes effect September 23, 2004 has <br />amended the state law to add an additional prohibition to operate a vehicle under <br />the influence and to refuse a chemical test or tests having been convicted of OVI <br />within the past twenty (20) years; and <br />WHEREAS, it is necessary and in the best interest of the health, safety <br />and welfare of all Village residents to amend Section 333.01 of the Codified <br />Ordinances of the Village of Mayfield so as to be consistent with the amendments <br />to the state law being made by House Bill 163. <br />NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF MAYFIELD <br />VILLAGE, OHIO THAT: <br />SECTION 1. Section 333.01 of the Codified Ordinances of the Village of <br />Mayfield relating to driving or physical control while under the,rinfluence of alcohol <br />is amended so as to be consistent with state law as amended by House Bill 163, <br />and pursuant to those amendments which are attached in their entirety as Exhibit <br />A. <br />SECTION 2. The rest, residue and remainder of all Village ordinances shall <br />remain as presently drafted unless inconsistent with this ordinance. <br />SECTION 3. When the codifier of the Village is directed to republish this <br />amendment for insertion into the Codified Ordinance books of the Village, the <br />codifier is authorized to renumber or reletter all subsections of this amendment so <br />as to be consistent with the remaining provisions of the Codified Ordinances. <br />Additionally, all headings of each section may be reinserted. <br />SECTION 4. When the term "state" is used in the attached amendment <br />identified as Exhibit A, this term may be interchanged and have the same meaning <br />as "municipality". <br />