HomeMy WebLinkAboutOrdinance 62- 837, Driving under influence of liquor or drugs
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ORDINANCE NO. ~
AN ORDINANCE AMENDING SECTION 11.04.372 OF THE BOZEMAN
MUNICIPAL CODE RELATING TO PERSONS OPERATING OR HAVING
PHYSICAL CONTROL OF MOTOR VEHICLES WHILE UNDER THE IN-
FLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROVIDING FOR
THE USE OF CHEMICAL ANALYSIS OF BLOOD, URINE, BREATH OR
OTHER BODILY SUBSTANCE TO MEASURE DEGREE OF INTOXICATION I
OF DRIVERS; PROVIDING THAT MILLIGRAMS OF ALCOHOL PER ONE
HUNDRED (100) MILLIGRAMS OF BLOOD SHALL BE BASI S OF PER
CENT OF ALCOHOL IN THE BLOOD; PROVIDING FOR THE DUTIES
AND AUTHORITIES OF POLICE OFFICERS IN RELATION TO
PERSONS OPERATING MOTOR VEHICLES WHILE UNDER THE IN-
FLUENCE OF INTOXICATING LIQUOR OR DRUGS; PROVIDING FOR
THE IMPOSITION OF FINES AND PENALTIES; AND REPEALING
ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HERE-
WITH.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOZEMAN, MONTANA,
AS FOLLOWS, TO-WIT:
Section 1. That Section 11.04.372 of the Bozeman Municipal Code be and
the same hereby is amended to read as follows:
11.04.372 Persons under influence of intoxicating liquor or 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 be in actual physical control of any vehic!e within this munioi-
pali ty.
(b) It is unlawful and punishable as prOVided in paragraph (c) of
this section for any person who is an habitual user of or under the influence
of any other drug to a degree Which renders him incapable of safely driving
a vehicle, to driv~ a vehicle within this municipality. The fact that any
person charged with a violation of this paragraph is or has veen entitLed to
use such drug under the laws of this state or municipa!ity shall not consti-
ute a defense against any charge of viola ting this paragraph. I
(c) Every person who is convicted of a violation of this section
shaLL be punished by imprisonment in the city jail for not more than six (6)
months, or by fine not exceeding Five Hundred Dollars ($500.00), or by both
such fine and imprisonment. On second conviction he shall be punished by
imprisonment in the city jail for not less than ten (IO) days nor more than
six (6) months, to which may be added a t the discretion of the court, a sum
of not less than Three Hundred Dollars ($300.00) nor more than Five Hundred
Dollars ($500.00). On the third or subsequent conviction he shall be pun-
ished by imprisonment for a term of not less than thirty (30) days nor more
than one (1) year, to which may be added, at the discretion of the court, a
sum of Five Hundred Dollars ($5UO.00) but not more than One Thousand
Dollars ($1000.00).
(d) Whenever it appears reasonably certain to any police officer
that any person under the influence of, or affected by the use of, intoxi-
cating liquor of of any drug or narcotio is about to operate a vehicle in
violation of paragraph (a) or (b) of this section, the officer may take
reasonable measures to prevent any such person from so doing, either by tak-
ing from him the keys of such vehicle and locking the same, or be some other
appropriate means. In any such case, the officer shall immediately report
the facts to the police department and shall, as soon as possible, deposit
the keys or other articles, if any, taken from the vehicle or person wi th
police department. Such keys or other articLes may be returned to any such
person upon his demand and proper identification of himself when it appears
that he is no longer under the influence of intoxicating liquor, drug or
narcotic.
(e) In any criminal prosecution for a violation of paragraph (a)
of this section, relating to driving a vehicle while under the influence of
intoxicating liquor, the amount of alcohol in the defendant's blood at the I
time alleged as shown by chemical analysis of the defendant's blood shall
give rise to the following presumtPions:
(1) If there was at the time v.OS per cent or less by
weight of alcohol in the defendant's blood, it shall
be presumed tha t the defendan t was no t under tile
influence of intoxicating liquor.
(2 ) If tnere was at the time in excess of o.us per cent
but not Less than v.15 per cent by weight of alcohol
in the defendant's blood, such fact shall not ~ive
rise to any preaumtion, but such fact may be con-
sidered with other competent evidence, in determining
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the guilt or innocence of the defendant.
(3) If there was at the time v.15 per cent or more by
weight of alcohol in the defendant's blood, it ahall
be presumed that the defendant was under the in-
fluence of intoxicating liquor.
I (4) Per cent by weight of alcohol in the blood shall
be based on milligrams of alcohol per one hundred
(lvO) milligrams of blood.
(5) The foregoing provisions of paragraph (e) shaLl not
be construed as limiting the introduction of any
other competent evidence bearing upon the question
whether or not the defendant was under the influence
of intoxicating liquor.
See tion 2. This ordinance shall be incorporated in the Bozeman Munici-
pal Code as Section 11.04.372.
Section 3. All ordinances and parts of ordinances in conflict herewith
are hereby repealed.
Section 4. ~hls ordinance shall be and hereby is delcared to be in full
foroe and effeot from and after thirty (30) days of its final passage and
approval.
FINALLY PASSED AND ADOPTED by the City Commission of Bozeman this 19th
day of September, 1962. -
sf Fred M. Staudaher
Me yor
ATTEST:
S/ C. K. Wilson
Clerk'pf the City Commission
I Published in the Bozeman Daily Chroniole 9/25/62 , 1962.
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State of Montana )
County of Galla tin) ss
City of Bozeman )
I, C. K. Wilson, Clerk of the Commission of The City of
Bozeman, do hereby certify that the foregoing Ordinance No. B37
was published by title and number in the Bozeman Daily Chronicle,
a newspaper of genera~ circulation printed and published in said
City in the issue of September 25th, 1962, and due proof of suoh
publioation is on file in my offioe.
IN WITNESS WHEREOF I HEREBY set my hand and affix the
corporate seal of my office this 2uth day of February, 1963.
I r2r;r?J' .
Clerk 0 the Cl~
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