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f CITY OF NORTH OLMSTED ORDINANCE NO. 72- ~~, BY• ~~i.etiK..• AN ORDINANCE AMENDING THE TRAFFIC CODE OF THE CITY OF NORTH OLM~TED, OHIO, SECTION 333.01 (CODIFIED ORDINANCES ), ENTITLED " DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE " TO CONFORM TO CHANGES EN- ACTED BY THE QHIO GENERAL ASSEMBLY, AND DE- CLARING AN EMERGENCY. WHEREAS, Councfl has determined that it is in the best interest of the City of North Olmsted that the North Olmsted Tt~ffic Code be reviewed to eliminate any conflicts with provisions of the State Statutes, as enacted by the Ohio General Assembly. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of North Olmsted, State of Ohio : Section 1, That Section 333.01, Chapter 333 (Codified Ordinances) of the North Olmsted Traffic Code reading as follows : 333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE. (a) No person who is under the influence of hlcohol, narcotic drugs or opiates shall operate any vehicle within the City. (b) No person who fs under the influence of alcohol, narcotic drugs or opiates shall be in actual physical control of any vehicle within the City . (c) In any criminal prosecution for a violation of this section relating to driving a vehicle while finder the influence of alcohol, the Court may admit evidence on the concentration of alcohol in the dEfaidant's blood ~t the time of the alleged violation as shown by chemto~:}. analy- sis of the defendant's blood, urine, breath or other bodily substance withdrawn within two hours of the time of such alleged violation.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 Ohio R.C. 4511.191, only a physician or a Registered nurse shall with- draw 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 substance shall be analyzed in accordance with methods approved by the Ohio Director of Health by .an individual possessing a 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 fifteen- hundredths of one percent by weight of alcohol in the dafendant'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 evic~nce in determining the guilt or innocence of the defendant. (2) If there was at that time a concentration of fifteen-hundredths of one percent or more by weight of alcohol #n the defendant's blood, it shall be presumed that the defendant was under the influence of alcohol. Upon the request of the person who was tested, the results of such test shall be made available to him his attorney or agent, immediately