83-033 Ordinance - Laserfiche WebLink

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? r. CITY OF NORTH OLMSTED ORDINANCE NO. 83 - 33 AN ORDINANCE TO AMEND CERTAIN SECTIONS IN THE TRAFFIC CODE TO COMPLY WITH CURRENT STATE LAW AND DECLARING AN EMERGENC BY:k,. WHEREAS, A Sub. Senate Bill 432 has revised the State law relating to operating a vehicle in a reckless manner or while under the influence of alcohol, a drug of abuse or both, effective March 16, 1983. WHEREAS, the Ohio Constitution requires ordinances which are enacted as an exercise of the Municipality's police powers to comply with general State law; now therefore, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTPD, COUNTY OF CUYAHOGA , STATE OF OHIO: Section 1. That Sections 333.01, 333.02 and 335.07 of the Traffic Code are hereby amea3p-d a:i3 Section 333.08 added to read as follows: 333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE; EVIDENCE. (a) Operation. No person shall operate any vehicle within the Munici- pality if any of the following apply: (1) The person is under the influence of alcohol or any drug of abuae, or the combined influence of alcohol and any drug of abuse; (2) The peraon has a concentration of ten-hundredths of one percent (0.10°Io) or more by weight of alcohol in his blood; (3) The person has a concentration of ten-hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his breath; (4) The person has a concentration of fourteen-hundredths (0.14) of one gram or more by weight of alcohol per 100 milliliters of his urine. (ORC 4511.19) (b) Physical Control. No person shall be in actual physical control of any vehicle within the Municipality if any of the following apply: (1) The person is under the influence of alcohol or any drug of abuse, orthe combined influence of alcohol and any drug of abuse; (2) The person has a concentration of ten-hundredths of one percent (0.10%) or more by weight of alcohol in his blood; (3) The person has a concentration of ten-hundredths (0.10) of one gram or more by weight of alcohol per 210 liters of his breath; (4) The person has a concentration of fourteen-hundredths (0.14) of one gram or more by weight of alcohol per 100 milliliters of his urine. (c) Evidence; Tests; Immunity. In any criminal prosecution for a violation of this section relating to operating a motor vehicle while under the influence of alcohol, the court may admit evidence on the concentration of alcohol in the defendant's blood, breath or urine 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 Ohio R. C. 4511.191, only a physician, a registered nurse or a qualified technician or chemist shall withdraw blood for the purpose of determining its alcoholic content. This limitation does not apply to tbe taking of breath or urine specimens. A physician, a registered nurse or a qualified technician or chemist may refuse to withdraw blood for the purpose of determining the alcohol content of the biood, if in his opinion the physical welfare of the person would be endangered by the with- drawing of blood. 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. -1-