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J <br />CITY OF NORTH OLMSTED <br />ORDINANCE N0. 83- 37 <br />BY. <br />AN ORDINANCE TO AMEND THE TRAFFIC <br />TO COMPLY WITH CURRENT STATE LAW, <br />AN EMERGENCY. <br />WHEREAS, Am. Sub. Senate Bill 432 <br />relating to the penalty for operating a <br />influence of alcohol, a drug of abuse or <br />1983. <br />CODE PENALTY <br />AND DECLARING <br />has revised the State <br />vehicle while under the <br />both, effective March <br />law <br />16, <br />WHEREAS, the Ohio Constitution rec{uires ordinances which <br />are enacted as an exercise of the Municipality's police powers to <br />comply with general State law; now therefore, <br />BF. IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, <br />COUNTY OF CUYAHOGA, STATE OF OHIO: <br />SECTION 1: That Section 303.99(a)(4) of the Traffic Code <br />which now res :- <br />303.99(a)(4) DRIVING WHILE INTOXICATED. <br />Whoever violates Section 333.01(a) is guilty of a <br />misdemeanor of the first degree, in addition to <br />the license suspension a revocation provided in <br />Ohio R.C. 4507.16. (ORC 4511.99(A). <br />be and the same is amended and as amended shall read as follows: <br />303.99(a) (4) DRIVI'VG WHILF INTOXICATED. <br />Whoever violates Section 333.01(a) is guilty of <br />a misdemeanor of the first degree, in addition <br />to the license suspension or revocation provided <br />in Ohio R.C. 4507.16. <br />A. If the offender has not been convicted, within <br />five years of the offense, of a violation of Ohio <br />R. C. 4511.19; a municipal ordinance relating to <br />operating a motor vehicle while under the influence <br />of alcohol, a drug of abuse or both; or of Ohio R.C. <br />2903.06 or 2903.07 or Section 537.02 of the General <br />Offenses Code or a municipal ordinance relating to <br />vehicular homicide in a case in which the jury or <br />judge found that the offender was under the influence <br />of alcohol, a drug of abuse or both; it shall be dis- <br />cretionary with the trial judge as to imprisonment of <br />an offender falling within the provisions of this <br />subsection. However, in addition to imprisonment, if <br />any, an offender under this subsection shall be fined <br />not less than three hundred fifty dollars ($350.00) <br />nor more than one thousand dollars ($1,000.00). <br />B. If the offender has been convicted, within five years <br />of the offense, of a violation of Ohio R.C. 4511.19; <br />a municipal ordinance relating to operating a motor <br />vehicle while under the influence of alcohol, a drug <br />of abuse or both; or of Ohio R.C. 2903.06 or 2903.07 <br />or Section 537.02 of the General Offenses Code or a <br />municipal ordinance relating to vehicular homicide <br />in a case in which the jury or judge found that the <br />offender was under the influence of alcohol, a drug <br />of abuse, or both; he shall be sentenced to a term