1971 055 Ordinance - Laserfiche WebLink

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ORDINANCE N0. 71- 55 BY: MR. Boger AN ORDINANCE TO AMEND SECTION 17 OF ORDINANCE N0. 309, THE TRAFFIC ORDINANCE OF THE VILLAGE OF HAYFIELD, BY PROVIDING FOR A PRESUMPTION OF DRIVING OR HAVING PHYSICAL CONTROL OF A VEHICLE GIHILE UNDER THE INFLUENCE OF ALCOHOL BY VIRTUE OF PERCENTAGE OF BLOOD ALCOHOL. Be It Ordained by the Council of the Village of Mayfield, Cuyahoga County, Ohio, that: Section 1. Section 17 of Ordinance 309, the traffic ordinance of the Village of Payfield, as amended by Ordinance No. 803, is hereby amended to read as follocas: (a) No person who is under the influence of alcohol, narcotic drugs or opiates, shall operate or be in actual physical control of any vehicle within the Village of Mayfield. (b) Every person who is convicted of a violation of this section shall be punished by a fine of not more than Five Hundred Dollars ($500.00) or imprisonment in the County or Municipal jail for not more than six (6) months, or both. (c) In any criminal prosecution for a violation of this section relating to driving or having actual physical control of a vehicle while under the influence of alcohol, the court may admit evidence on the concentration of alcohol in the defendant's blood at the time of the alleged violation ' as shown by chemical analysis of the defendant's blood, urine, ' breath or other bodily substance withdrawn within two hours of the time of such alleged violation. When a person submits to a blood test at the request of a police officer under Ofiio R.C. 4511.191, only a physician or a registered nurse shall withdraw blood for the purpose of determining the alcoholic content therein. This limitation does not apply to the taking of breath or urine specimens.. Such bodily t substance shall be analyzed in accordance with methods approved by the Ohio Director of Health by an individual possessing a _I valid permit issued by the Director of Health pursuant to -- Ohio R.C. 3701.143. Such evidence gives rise to the following: (1) If there was at that time a concentration of less than ten-hundredths of one percent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of alcohol, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.