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HomeMy WebLinkAboutOrdinance 57- 801, Driving under influence of alcohol or drugs; repeals 3§ 74 and 75 of Article X of Ord. 768 ., --'....~~, 45f". ~x lit 7i~ .,\t.\I- t~\ ~. -..' f ORDINANCE NO. 801 c.. 7t.. ,p- \)fJ.~ aI.- ..,................ AN ORDINANCE MAKING IT UNLAWFUL AND .PUNISHABLE FOR ANY PERSON UNDER THE IN- FLUENCE OF INTOXICATING LIQUOR TO DRIVE OR BE IN ACTUAL PHYSICAL CONTROL OF ANY VEHICLE WITHIN THE MUNICIPALITY; MAKING IT UNLAWFUL AND .PUNISHABLE FOR ANY .PERSON WHO IS A HABITUAL USER OF OR UNDER THE INFLUENCE OF ANY NARCOTIC DRUG OR OTHER DRUG TO A DEGREE WHICH RENDERS A PERSON INCAPABLE OF SAFELY DRIVING A VEHICLE TO DRIVE A VEHICLE WITHIN THE MUNICIPALITY; MAKING IT UN- I- LAWFUL AND PU~~ISHABLEFOR ANY t'ERSON TO DRIVE ANY VEHICLE IN WILLFUL OR WAN- TON DISREGARD FOR THE SAFETY OF PERSONS OR PROPERTY; .PROVIDING FOR POLICE MEASURES TO PREVENT DRIVING OF PERSONS UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR OF DRUGS; PROVIDING FOR PRES1JMPTION OF INTOXICATION; PRESCRIBING PENALITIES AND PUNISHMENT FOR VIOLATION TfmREOF; REPEALING SECTIONS 74 and 75 OF ARTICLE X OF OPDINANCE 768 OF THE CITY OF BOZEMAN, THE SHORT TITLE OF WHICH IS THE TRAFFIC ORDINANCE, AND ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND DECLARING SAID ORDINANCE TO BE AN EMERGENCY MEA- SURE. BE IT ORDAINED BY THE CUMMISSION OF THE CITY OF BOZE~~AN: Section 1. Persons Under the Influence of Intoxicating Liquor of of Drugs. (a) It is unlawful and punishable as provided in paragraph (c) of this Section for any person who is under the influence of intoxicating liquor to drive or to be in actuai physical control of any vehicle within this municipality. (b) It. is unl8wful and punishable as prOVided in paragraph (c) of this Section for any person who is an nabi tual user of or under the influence of any other drug to a degree which renders him in- capable of safely driving a vehicle, to drive a vehicle within this municipality. The fact the t any person charged with a violation of this para- graph is or has been entitled to use such drug under the iaws of this s ta te or municipali ty shall not constitute a defense against any charge of Vio- lating this paragraph. I ( c) Every person who is convic ted of a viola tion of this section will be punished by imprisonment for not more than six (6) months, or by fine of not less than fifty dollars ($5u.uO), nor more than five hundred dollars ($5UO.vO), or by both such fine and impri sonmen t. On a second or subsequent conviction he shall be punished by imprisonment for not less than thirty (3u) days nor more than one (1) year, or in the discretion of the court, a fine of not less than three hundred ($3vO.uu) nor more than one thOU- sand dollars ($l,UUO.UO), or b::-:' both such fine and imprisonment. (d) Whenever it appears reasonable certain to any police officer that any person under the influence of, or affected by the use of, intoxicating liquor or of any drug or narcotic is about to operate a vehicle in violation of paragraphs (a) or (b) of this section, the officer may take reasonable mea- sures to prevent any such person from so doing, either by taking from him the keys of such vehiCle and locking the same, or by some other appropriate means. In any such case, the officer shall immed- iately report the facts to the police department and shall, ~s Boon as possible, deposit the keys or other articles, if an y, taken from tne venicle or person with the police department. Such keys or other art- icles may be returned to any such person upon his de- mand andproper identification of himself when it a- ppears that he is no 10n~er under the influence of intoxicating liquor, drug or narcotic. I (e) In any criminal prosecution for 8 violation of paragraph (8) of this section, relating to driving a vehicle while under the influence of intoxicating liquor, the emoun t q.f alcohol. in the defendan t' s blood a t the time alleged as sl10wn by chemical analysis of the defendant's blood shall give rise to the fOllow- ing presumptions: (l) If there was at the time u.u5 per cent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the in- fluence of intoxicating liquor. (2 ) If the e waB at the time in excess of u.u5 per cent but less than u.15 per cent by weight of alcolol in the defendant's blood, such fact shall not give ..,455 t.......... . , .... , rise to any presumption that the defendant was or was ','," not under tne influence of intoxicating liquor, but -:~> "'". ..., .. '. '." '.J j such fact may be considered with other competent evid- %' ,'" ence, in determining tne guilt or innocence of the de- fendant: (3) If there was at the time U.lS per cent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor: -I (4) The foregoing provisions of paragraphs 1, 2 and 3 of this subsection shall not be construed as limiting the introduction of any other competent evidence bear- ing upon the question whether or not the defendant was under the influence of intoxicating liquor. Sec tion 2. Reckless Driving. (a) Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. (b) Every person convicted of reckless driving snall be punished upon a first conviotion by imprisonment for a period of not more than ninety (90) days, or by fine of not less than twenty-five dollars ($2S.uO) nor more than three hundred dollars C$:5uO.uO), or by both such fine and imprisonment, and on a second or subsequentc~ vlction shall be punished by imprisonment for not less than ten (lu) days nor more than six (6) montns, or bya fine of not less than fiftr dollars ($5U.UO) nor more than f1ve hundred dOllars$SuO.uO), or by both such fine and imprisonment. Sec tion :5. Sections 74 and 75 of Article X of Ordinance No. 768 of the City of Bozeman, the short title of which 1s Tne Traffic Ordinance, and all other Ordinances and parts of Ordinances in conflict herewith are hereby repealed. Section 4. This Ordinance is nereby declared to be an emergency measure, and immediately necessary for the preservation of peace, health and safety of the public, and shall be I in full force and effect from and after ita passage by the City Commission of the City of Bozeman. Passed and adopted by the unanimous vote of the City Commission in regular session assembled tnis 7th day of August, 1957. 4~P~ , Ma yor ATTEST: tJ/~ /.;(A ~~ Clerk of the City Commission Stateof M.ontana ) ) 88 ~ounty of Gallatin ) , I. L. G. Shadoan. Clerk of the Commission of the City of Bozeman. do hereby oertify that the foregoing Ordinanoe No. 801 was published by title and number in the Bozeman Daily Chroniole. a newspaper of general circulation printed and published in said city in the issue of August 9th. 1967. and that due proof of 8uch publication is on file in my offioe. IN WITNESS VtEEREOF' I hereunto set my hand and affix the corporate seal of my office this 12th day of August. 1957. 1 ~~ Clerk of t e ommission