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Home My WebLink About72-03 OrdinanceRECORD OF ORDINANCES Blank. Inc. Ordinance No. 72-~3 Passed , 20 AN ORDINANCE AMENDING THE DUBLIN CODIFIED ORDINANCES TO REDUCE THE PROHIBITED PER SE CONCENTRATIONS OF ALCOHOL IN A PERSON'S BLOOD, BREATH, OR URINE FOR PURPOSES OF OMVI LAW AND ADDING PROHIBTION OF PHYSICAL CONTROL OF VEHICLE WHILE UNDER THE INFLUENCE CODE SECTION, AND DECLARING AN EMERGENCY WHEREAS, the State legislature recently enacted House Bill 87, the Biennial Transportation Budget, which was signed by the Governor on March 31, 2003; and WHEREAS, House Bill 87 has a provision which reduces the prohibited per se concentrations of alcohol in a person's blood, breath, or urine, pursuant to Ohio Revised Code 4511.19, for purposes of OMVI law, and this section will take effect on June 30, 2003; and WHEREAS, Dublin Code section 73.01, pertaining to Driving While Intoxicated or Drugged, has prohibited per se concentrations of alcohol in a person's blood, breath, or urine which are higher than those permitted by State law and which will not be consistent with the State law as of June 30, 2003; and WHEREAS, the State legislature enacted Senate Bill 123, which was signed by the Governor on August 2, 2002; and WHEREAS, Senate Bill 123 has a "physical control" section, pursuant to Ohio Revised Code 4511.194, which makes it illegal to have physical control of a vehicle while under the influence of alcohol or drugs, and this section will take effect on January 1, 2004; and WHEREAS, Dublin C ode does not have a "physical control" section, but the Dublin Police Department would benefit from having this charge available for certain situations in w hich a p erson i s i n the d river's s eat o f a v ehicle a nd h as t he k eys i n t he i gnition devise while under the influence of alcohol or drugs. NOW, TREFORE, BE IT ORDAINED by the Council of the City of Dublin, State of Ohio, of the elected members concurring: Section 1. Dublin Codified Ordinances Section 73.01(A) is hereby amended to read as follows: (A) No person shall operate any vehicle within this municipality if any of the following apply: (1) The person is under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse. (2) The person has a concentration of 9~°{0 0.08% or more but less than 0.17% by weight of alcohol in the person's blood. (3) The person has a concentration of 9~A 0.08 grams or more but less than 0.17 grams by weight of alcohol per 210 liters of the person's breath. (4) The person has a concentration of 9-1-4 0.11 grams or more but less than 0.23 8 g rams b y weight o f a lcohol p er 100 m illiliters o f t he person's urine. (5) The person has a concentration of 0.17% or more by weight of alcohol in the person's blood. RECORD OF ORDINANCES Inc. Ordinance No. 72-03 Passed Page 2 . 20 (6) The person has a concentration of 0.17 grams or more by weight of alcohol per 2101iters of the person's breath. (7) The person has a concentration of 0.238 grams or more by weight of alcohol per 100 milliliters of the person's urine. Section 2. Dublin Codified Ordinances Section 73.01(B) is hereby amended to read as follows: (B) No person under 21 years of age shall operate any vehicle within this municipality if any of the following apply: (1) The person has a concentration of at least 0.02% but less than 9~,~ 0.08% by weight of alcohol in the person's blood; (2) The person has a concentration of at least 0.02 grams but less than 9:~9 0.08 grams by weight of alcohol per 210 liters of the person's breath; (3) The person has a concentration of at least 0.028 grams but less than 9~4 0.11 grams by weight of alcohol per 100 milliliters of the person's urine. Section 3. Dublin Codified Ordinances Section 73.01 (D)(2) is hereby amended to read as follows: (D) (2) In a criminal prosecution for a violation of division (A) of this section, if there was at the time the bodily substance was withdrawn a concentration of less than ~°~0 0.08% by weight of alcohol in the defendant's blood, less than 9:~9 0.08 grams by weight of alcohol per 210 liters of the defendant's breath, or less than 8~4 0.11 grams by weight of alcohol per 100 milliliters of the defendant's urine, such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. This division does not limit or affect a criminal prosecution for a violation of division (B) of this section. Section 4. Dublin Codified Ordinances Section 73.01 (E) is hereby amended to read as follows: (E) Whoever v iolates d ivision (A) o f t his s ection, i n a ddition t o t he 1 icense suspension or revocation provided in R.C. § 4507.16 and any disqualification imposed under R.C. § 4506.16, Jh~ '~° ~• ^~^''°a ^^ ~,~ ~v,.°,.+ ^ „+,,°,.,<.;^°,. ,;,,°a ;,, ,,;<,;^;,,,, ~~~~~~ „r•+1,;^ ^°,.+;,,,,~ the offender is guilty of a misdemeanor of the first degree and shall be subject to any fines, terms of imprisonment, sanctions and regulations as provided in R.C. § 4511.99(A). !7l T F , .; ~ -- ' ~tl ` ~ . - ~f , ° +L, ° ., 4'~ ,~.a °,- L, ., ~ 1. °°,~ .. ..+°.7 C ~~ ca~ 3 ~( D n-~~- p E~1 6 ~ , , „~,. ,,>,,,, a,.,,,, „~ l l d '~ > no > r-a --~rr~ Ee ~ > > > > RECORD OF ORDINANCES Inc. Ordinance No. 72-03 Passed Page 3 . 20 a v ' t °f~ •~' lTll •,~' ^ ~c~ + v -6 t ~ - -~ ~6rr~- c~C~i ar H~6 ~nn~ n~ ~Tn ttriz c cr ~ ~nn~ n4 i 'C ~T r ~ Pc b- ° + V ~;.,i ' ' ~ t TVlZ7'VT• Vp-p~iTiC[STI~ [f t,. D r ~ ~nnz n~ ; ~° . ll :,~,;,.i , , ~~,° ~K. ~n ~ Tt 7~S z d ~ ~ .. ~ 'ar- ~aer-t~x €f Q - t~~ tl ~ ~ aene ge- e e ,,,,, a,.,,,. } en er- ~;r - ~e ,.r .,T, -e 1 l - ° ~ €--ab er-& ~e ~ 6e a + f f ~ 41, T T,- ~e~-a o - ang ~ 6 .;4°r1 C4..4° ~~ ..4L,° n4n4° .,.,<, ., r ,- ~ ,Y ; r.;n;r.nl ,,, ------= -- ----" -- ^Y,~ I ---'- ------'= ~ -- --- ,~7~~ J _ _- __ ----- - t°~ tl l - -- 1 ° 4 'I~ r}}IC~~,~., cTO~C~ 4,n, ~ eGT~ IilII}I~c~LL'Yl'l~ C1Ye{1 'e Y GT 1 , 7.~~.~ Cilt ~ ~ H/~°Y a 2S ~CQSt ~I1 ,;~*., „~ „ ~ l T1TTJ~ITf T~TT~C iiAr-TC7-7T~Z re t d - ~ t IYV v ia~° ~ v ta~e :^..~ e o~ !D r RAG 1 1 00! e er app p ~ e~o-se~r A l\ . Section 5. Dublin Codified Ordinances Section 73.03 is hereby added to read as follows: 73.03 Physical Control of Vehicle While Under the Influence (A) As used in this section: (1) "National highway traffic safety administration" has the same meaning as in Section 4511.19 of the Revised Code. (2) "Physical control" means being in the driver's position of the front seat of a vehicle or in the driver's position of a streetcar or trackless trolley and having possession of the vehicle's, streetcar's, or trackless trolley's ignition key or other ignition device. Bl No person shall be in physical control of a vehicle, streetcar, or trackless trolley while under the influence of alcohol, a drug of abuse, or a combination of them or while the person's whole blood, blood serum or plasma, breath, or urine contains at least the concentration of alcohol specified in division (A) or (B) of section 73.01 of the Dublin Code. (C) (1) In any criminal prosecution or juvenile court proceedin fg or a violation of this section or a substantially equivalent municipal ordinance, if a law enforcement officer has administered a field sobriety test to the person in physical control of the vehicle involved in the violation and if it is shown by clear and convincing evidence that the officer administered the test in substantial compliance with the testing standards for any reliable, credible, and e~y accepted field sobriety tests that were in effect at the time the tests were administered, including, but not limited to, any testing standards then in effect that were set by the national highway traffic safety administration, all of the following apples (a) The officer may testify concerning the results of the field sobriety test so administered. (b) The prosecution may introduce the results of the field sobriety test so administered as evidence in an~proceedings in the criminal prosecution or juvenile court proceeding cl If testimony is presented or evidence is introduced under division (C)(1)(a) or (b) of this section and if the testimony or evidence is admissible under the Rules of Evidence, the court shall admit the testimony or evidence, and the trier of fact shall give it whatever weight the trier of fact considers to be appropriate. RECORD OF ORDINANCES Blank, Inc. Ordinance No. 72-03 Passed Page 4 , 20, ~2) Division (C)(1) of this section does not limit or preclude a court, in its determination of whether the arrest of a person was supported by probable cause or its determination of any other matter in a criminal prosecution or juvenile court proceeding of a type described in that division, from considering evidence or testimony that is not otherwise disallowed by division (C)pl) of this section. ~D) Whoever violates this .section is guilty of having physical control of a vehicle while under the influence, a misdemeanor of the first de egr e• In addition to other sanctions imposed, the court ma~pose on the offender a suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident berating privilege for a definite period of time not to exceed ones Section 6. This ordinance is hereby declared to be an emergency necessary for the immediate preservation of the public health, safety and welfare. The reason for such necessity is that the state law was recently amended to reduce the prohibited per se concentration of alcohol in a person's blood, breath, and urine; and it has become necessary to have the Dublin Code reflect that change in the law. Therefore, this ordinance shall go into immediate effect. Passed this day of , 2003. Mayor Presiding Officer Attest: ~~ Clerk of Council I hereby certify that copies of this Ordinance/Resolution were posted in the City of Dublin in accordance with Section 731.25 of the Ohio Revised Code. , ~ / puty Clerk of Council, Dublin, Ohio MEMORANDUM TO: Dublin City Council Jane Brautigam, City Manager Anne Clarke, Clerk of Council FROM: Stephen J. Smith, Law Director Stephen J. Smith, Jr. J. Corey Colombo DATE: June 18, 2003 RE: Ordinance 72-03 The State legislature recently enacted House Bill 87, the Biennial Transportation Budget, which was signed by the Governor on March 31, 2003. This legislation has a provision which reduces the prohibited per se concentrations of alcohol in a person's blood, breath, or urine, pursuant to Ohio Revised Code 4511.19, for purposes of OMVI law. This Revised Code section will take effect on June 30, 2003. Dublin's equivalent to R.C. 4511.19 is Dublin Code section 73.01. The Dublin Code has prohibited per se concentrations of alcohol in a person's blood, breath, or urine which will now be higher than those permitted by state law and which will not be consistent with the state law as of June 30, 2003. Accordingly, it is recommended to make the Dublin Code consistent with the state law so that violators can be charged pursuant to Dublin Codified Ordinances. Additionally, the State legislature enacted Senate Bill 123, which was signed by the Governor on August 2, 2002. This legislation has an amended "physical control" section, pursuant to Ohio Revised Code 4511.194, which makes it illegal to have physical control of a vehicle while under the influence of alcohol or drugs. This Revised Code section will take effect on January 1, 2004. Several other central Ohio municipalities also have "physical control" sections in their municipal codes. Dublin Code does not have a "physical control" section. However, the Dublin Police Department would benefit from having this charge available for certain situations in which a person is in the driver's seat of a vehicle and has the keys in the ignition devise while under the influence of alcohol or drugs. As always, please contact this office if you have any questions or wish to further discuss this matter. ,H0333944_I ~