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9/17/90 <br />ORDINANCE N0. 90-40 <br />INTRODUCED BY: Mayor Carmen and Council as a Whole <br />AN ORDINANCE <br />AMENDING SECTIONS 303.99(a)., 333.01 AND 335.07 <br />OF THE CODIFIED ORDINANCES OF HAYFIELD VILLAGE <br />PERTAINING TO TRAFFIC OFFENSES RELATING TO <br />ALCOHOL AND WHILE UNDER LICENSE SUSPENSION <br />SO AS TO COMPLY WITH CURRENT STATE LAW AND <br />DECLARING AN EMERGENCY <br />BE IT ORDAINED BY THE COUNCIL OF HAYFIELD VILLAGE, OHIO, THAT: <br />SECTION 1. Section 303.99(a)(3) of the Codified Ordinances of Mayfield <br />Village is hereby amended to read as follows: <br />(a)(3) Driving under the influence. Whoever violates Section <br />333.01(a) or (b), in addition to the license suspension <br />or revocation provided in Ohio R.C. 4507.16, shall be <br />punished as provided in subparagraph (A), (B), (C) or (D) below: <br />A. If, within five years of the offense, the offender has <br />not been convicted of or pleaded guilty to a violation <br />of Ohio R.C. 4511.19, of a municipal ordinance relating <br />_~ to operating a vehicle while under the influence of <br />alcohol, a drug of abuse, or alcohol and a drug of <br />abuse, of a municipal ordinance relating to operating a <br />vehicle with a prohibited concentration of alcohol in <br />the blood, breath or urine, or of Ohio R.C. 2903.06 or <br />2903.07 or a municipal ordinance that is substantially <br />similar to Ohio R.C. 2903.07 in a case in which the jury <br />or judge found that the offender was under the influence <br />of alcohol, a drug of abuse, or alcohol and a drug of <br />abuse, the offender is guilty of a misdemeanor of the <br />first degree and the court shall sentence the offender <br />to a term of imprisonment of three consecutive days and <br />may sentence the offender pursuant to Section 303.99(b) <br />hereof to a term of imprisonment. In addition, the <br />court shall impose upon the offender a fine of not less <br />than two hundred dollars ($200.00) and not more than one <br />thousand dollars ($1,000). <br />The court may suspend the execution of the mandato- <br />ry three-consecutive days of imprisonment that it <br />is required to impose by this subparagraph, if the <br />court, in lieu of the suspended term of imprisonment, <br />places the offender on probation and requires the <br />offender to attend, for three consecutive days, a <br />drivers' intervention program that. is certified pursuant <br />to Ohio R.C. 3793.10. The court also may suspend the <br />execution of any part of the mandatory three consecutive <br />days of imprisonment that it is required to impose by <br />this subparagraph,, if the court places the offender on <br />