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HomeMy WebLinkAboutOrdinance 71- 912, Amends § 11.04.372, driving under influence of alcohol; repeals Ord. 837. 218 ORDINANCE NO. 912 AN ORDINANCE AMENDING TITLE 11, CHAPTER 11.04 OF THE BOZEMAN MUNI- CIPAL CODE BY REDUCING THE AMOUNT OF ALCOHOL NECESSARY TO PRESUME A PERSON UNDER THE INFLUENCE OF INTOXICATING LIQUOR AND DEFINING THE BASIS FOR DETERMINING THE SAME. 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 is hereby amended to read as follows: "11.04.372. Persons under the 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 to be in actual physical control of any vehicle within this municipality. "(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 narcotic drug, or who is under the influence of any other drug to a degree which raiders him incapable of safely driving a motor vehicle, to drive a motor vehicle within this municipality. The fact that any person charged with a violation of this paragraph is or has been entitled to use such drug under the laws of this state or municipality shall not constitute a defense against any charge or violating this paragraph. "(c) Every person who is convicted of a violation of this section will be punished by imprisonment for not more than six months, or by fine not exceeding five hundred dollars, 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 days nor more than six months, to which may be added at the discretion of the court, a sum of not less than three hundred dollars nor more than five hundred dollars. On the third or subsequent conviction he shall be punished by imprisonment for a term of not less than thirty days nor more than one year, to which may be added, at the discretion of the court, a sum of five hundred dollars but not more than one-thousand dollars. "(d) Whenever it appears reasonably 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 paragraph (a) or (b) of this section, the officer may take reasonable measures 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 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 with the police department. Such keys or other articles may be returned to any such person upon his demand and proper identi- fication 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 time alleged, as shown by chemical analysis of the defendant's blood, urine, breath or other bodily substance, shall give rise to the following presumptions: "(1) If there was at that time 0.05 percent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor. "(2) If there was at that time in excess of 0.05 percent, but less than 0.10 percent by weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such facts may be considered with other competent evidence in determining the guilt or innocence of the defendant. "(3) If there was at that time 0.10 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. "(4) Per cent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred (100) cubic centimeters of blood. "(5) The foregoing provisions of paragraphs 1, 2, 3 and 4 of this subsection shall not be construed as limiting the introduction of any other competant evidence bearing Ordinance No. 912 upon the question whether or not the defendant was under the influence of intoxi- cating liquor." Section 2 That Ordinance No. 837 and all ordinances and parts of ordinances of the City of Bozeman in conflict herewith are hereby repealed, but this shall not have the effect of reviving an ordinance repealed by said Ordinance No. 837. Section 3 That this ordinance shall be in full force and effect from and after thirty (30) days from its final adoption. FINALLY ADOPTED AND APPROVED AT A REGULAR SESSION OF THE Y COMMISSIO 0 THE CITY 1 ' OF BOZEMAN HELD ON THE 29th day of December, 1971. � r DO M. LANGOHR, JR. Mayor ATTEST: ERNA V. HARDIN' Clerk of the City Commission State of Montana ) ti County of Gallatin : City of Bozeman ) I, Erna V. Harding, Clerk of the City Commission of the City of Bozeman do hereby certify, that the foregoing Ordinance No. 912 was published by title and number in the Bozeman Daily Chronicle, a newspaper of gen- eral circulation, printed and published in said City in the issue of the 6th day of January 1972, and due proof of such publication is on file in my office. IN WITNESS WHEREOF, I hereunto set my hand and affix the corporate seal of my office this 18th day of January 1972. ERNA V. HARDIN Clerk of the City Commission Ordinance No. 912 219