12-83 Ordinance
,
1 'L ~-1-. ~3
... .
ORDINANCE NO. /2.-13
AN ORDINANCE TO AMEND CERTAIN SECTIONS IN THE TRAFFIC
CODE TO COMPLY WITH CURRENT STATE LAW AND DECLARING
AN EMERGENCY
WHEREAS. Am. Sub. Senate Bill 432 has revised the State law relating to
operating a vehicle in a reckless manner or while under the influence of
I 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 pow~rs, to comply with general
State law; now therefore.
BE IT ORDAINED BY THE COUNCIL OF THE ~ OF. OOBLIN,
COUNTY OF FRANKLIN . STATE OF OHIO:
Section 1. That Sections 333.01. 333.02 and 335.07 of the Traffic Code
are hereby amended and Section 333.08 added to r,ead a'S follows:
333.01 DRMNG OR PHYSICAL CONTROL WHILE UNDER :rHE INFLUENCE;
EVIDENCE.
(a) Operation. No pe:r;son 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 abuse.
or the combined influence of alco~ol 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;
I I (4) The person has a concentration of fourteen-hundredths (0.14)
of one gram or more by weight of alcohol pe~ 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. or the .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
I 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 r
chemist shall withdraw blood for the purpose of determining its alcoholic content.
This limitation does not apply to the taking of breath or urine specimens. . A
I physioian. a registered nurse or a qualified technioian or ohemist may refuse to
withdraw blood for the purpose of determining the alcohol content of the blood. 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 approvf3d b
the Ohio Director of Health by an individual possessmg a valid permit issued by th
Director of Health pursuant to Ohio R. C. 3701.143~
/ ..
.. ,
~
.
I
.
.~ .
..
U there was at the time bodily substance was withdrawn a concentration of less
than ten-hundredths of one percent (0.10%) by weight of alcohol in the defendant's
blood, less than ten-hundredths (0.10) of one gram by weight of alcohol per
210 liters of his breath or less than fourteen-hundredths (0. 14) of one gram by
weight of alcohol per 100 milliliters of his urine, such fact may be considered
with other competent evidence in determining the guilt or innocence of the
defendant. i
Upon the request of the person who was tested, the results of such test I
,
I
,
shall be made available to him, his attorney or agent, immediately upon the I
I !
completion of the test analysis.
The person tested may have a physician, a registered nurse or a qualified I
technician or chemist of his own choosing administer a chemical test or tests iIi .
addition to any administered at the direction of a' police officer, sod shall be sJ t
advised. The failure or Inability to obtain sn additional test by a person shall ~
preclude the admission of evidence relating to the test or tests taken at the I
direction of a police officer. I
I ,
Any physician, registered nurse or qualified technician or chemist who i I
withdraws blood from a person pursuant to this, section, and any hospital, f1rst~ I
aid station or clinic at which blood is withdraw~ from a person pursuant to
this section, is immune f;rom criminal liability, and from civil liability that
is blsed upon a claim of assault and battery or based upon any other claim that
is not in the nature of a claim of malpractice, . for any act performed in with-
drawing blood from the person. (ORC 4511.19)
( OPERATION IN WILLFUL OR WANTON DISREGAR F SAFETY.
(a) No p son shall operate a vehicle on any street or ghway in willful or
RC 4511.20)
operate a vehicle on y public or private property
I r wanton disregard of the safety of
I
I competitive operation of vehicles on
ner of such property knowingly permits su h
~.........
I ( 333.08 RA TION WITHOUT REASON E CONTROL. )
!
No son shall operate a motor vehicle on street, highway or
, pro ty open to the puplic for vehicular traffic wit t being in reasonable
control of the vehicle. (ORC 4511.202)
335.07 DRIVING UNDER SUSPENSION OR REVOCATION.
(a) No person whose operator's or chauffeur's license or permit or non-
resident operating privilege has been suspended or revoked under Ohio R. C.
Chapter 4507 (Driver's License Law) or under applicable law in any other juris-
diction where the license or permit was issued, shall operate any motor
vehicle upon the highways or streets in the Municipality while such license, per-
mit or privilege is suspended or revoked. No person who is granted occupationa
driving privileges by any court shall' operate any motor vehicle upon the high-
ways or streets in the Municipality except in accordance with the terms of the
privileges. (ORC 4507.38)
(b) No nonrosident or other person whose operator's or chauffeur's license
I or permit or nonresident operating privilege has been suspended or revoked,
shall operate a motor vehicle in the Municipality under a license, permit or
registration certificate issued by any other jurisdiction, or otherwise operate
a motor vehicle in the Municipality during a period of such suspension, or within
one year after the date of such reV()cation. (ORC 4507.39)
(0) No person whose lioense or registratlonor nonresident's operating
pri vilege has been suspended or revoked under Ohio R. C. Chapter 4509 (Financia
Responsibility Law), shall, during such suspension or revocation, drive any
motor vehicle upon' any highway or street or knowingly permit any motor vehicle
owned by such person to be operated by another upon any highway or street,
except as permitted under such chapter. (ORC 4509.76)
-2-
..f .
. -
.. .
,
(d) No person whose operator's or chauffeur's license or permit or non-
resident operating privilege has been suspended under Ohio R. C. 4511.191
(Implied Consent Law) shall operate a motor vehicle upon the highways or streets
in the Municipality. (ORC 4511~ 192)
(e) It is an affirmative defens~ to any prosecution brought pursuant to this
section that the alleged offender drove under suspension because of a substantial
, emergency, provided that no; otherperstin was r~asonably available to drive in
response to the emergency. (ORC 4507.38; 4507.39, 4511.192)
II
:i That former Sections 333.01, 333.02 and 335.07 are hereby
Section 2.
repealed.
Section 3. That the provisions of Sect,ions 1 and 2 of this ordinance shall
I take effect March 16, 1983.
I Section 4. That this Ordinande is hereby declared to be an, emergency mess
re
necessary for the preservation of the public' peace, health, welfare and safety
and for the further reason that there exists an imperlltive necessity to amend
the Traffic Code to o6fuply with c\irren~ 'State 'law'.,
Pass ed ~ .2~ /9K'..5.' , , "
"
, , .
'I"i"- , ,
I ,
I
.
ATTEST:
I ~~u~. ~~
I
,
~ ." C "I'"u../~.'~o\ul1cn
t'~ 1". .. ~t"'.,.. ~ "l~ j~ ~,tl';\.OI''''-~ "'.......
I h h C""" ," " ,I,' 'tl
,ere"y"" i 'j I, ",' ' , " " a1''',,'danclJ WI 1
were p~:i:;d [:i i,',: \, ~'.'~ l ," ,;,..,;".".,
Section 731..25 d ~;';~ vdJ L;"..;J v."'"
~ J11.Vo.-v-'-"1<d
Clerk oj COUR . '1-;l. '3' - Ii 3
I
.
-
-a-
Il