2009-080 Ordinance - Laserfiche WebLink

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BY: Mayor O'Grady AN ORDINANCE AMENDING SECTIONS 333.01 AND 337.26 OF THE TRAFFIC CODE, AND SECTION 513.03 OF THE GENERAL OFFENSES CODE, TO ESTABLISH AND/OR INCREASE THE MINIMUM MANDATORY FINES FOR FIRST TIME OVI OFFENDERS, CHILD RESTRAINT SYSTEM OFFENSES, AND CERTAIN MARIJUANA POSSESSION OFFENSES. WHEREAS, the City Law Department has recently undertaken a review of the City's Traffic and General Offenses Codes to determine whether existing minimum mandatory fines for various traffic and general code offenses remain appropriate to best further the interests of justice; and WHEREAS, after conducting such review, it is the recommendation of the Director of Law that the minimum mandatory fine for first time OVI offenders and for violations of the City's child restraint system laws be increased, and that minimum mandatory fines be established for offenses involving possession of small amounts of marijuana; and WHEREAS, it is the desire of this Council, based upon the recommendation of the Director of Law, to amend Sections 333.01 and 337.26 of the Traffic Code, and 513.03 of the General Offenses Code to establish and/or increase minimum mandatory fines for first-time OVI offenders, for violations of the City's child restraint system laws, and for possession of small amounts of marijuana; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: SECTION 1: That Section 333.01 ("Driving or Physical Control while under the Influence") of the Traffic Code, which presently reads as follows: 333.01 DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE. (a) (1) Operation Generally. No person shall operate any vehicle within this Municipality, if, at the time of the operation, any of the following apply: A. The person is under the influence of alcohol, a drug of abuse, or a combination of them. B. The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person's whole blood. C. The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person's blood serum or plasma.