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HomeMy Public PortalAboutORD08767 • i I: i 1 �j BILL NO. INTRODUCED BY COUNCILMAN II ORDINANCE NO. 9'7L-7 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING ORDINANCE NO. 8177, THE PARKING AND TRAFFIC CODE OF THE CITY OF JEFFERSON, MISSOURI, BY AMENDING SECTION 6. 030 �) RELATING TO INTOXICATED DRIVING AND ADDING A NEW SECTION RELATING I TO DRIVING A MOTOR VEHICLE WITH EXCESSIVE BLOOD ALCOHOL CONTENT AND PROVIDING PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: Section 1. Amend Section 6. 030 to read as follows: 6.030 Intoxicated driving. "No person shall operate a motor vehicle while in an intoxicated condition. " Section 2. Add a new section to be numbered 6 .035 and to read as follows: 6 .035 Driving with excessive blood alcohol content. 1. "No person shall drive a motor vehicle when the person has ten-hundredths of one percent or more by weight of alcohol in his blood. As used in this section, percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred milliliters of blood and may be shown by -chemical analysis of the person' s blood, breath, saliva or urine. For the purposes of determining the alcoholic content of a person' s blood under this section, the test shall be conducted in accordance with the provisions of sections 564. 441, 564.442 and 564.444. (Revised ® Statures of Missouri. ) 2. "Any person who vid.ates the provisions of this section is guilty of a misdemeanor and, upon conviction, shall be punished as follows: a. For the first offense, by a fine of not less than $50. 00 and not more than $500.00, or by imprisonment in jail for not more than 90 days, or by both such fine and imprisonment. b. For the second offense within a three- year period, by a fine of not less than $100.00 and not more than $500.00 , and by imprisonment for a term of not less than 5 days and not more than 90 days, or by both such fine and imprison- ment. c. For the third and subsequent offenses within a three-year period, by a fine of not less than $250.00 and not more than $500.00, and by imprisonment in jail for a term of not less than 15 days and not more than 90 days, or by both such fine and imprisonment. I i 'i 3. "Evidence of prior convictions shall be heard and determined by the trial court, I out of the hearing of the jury prior to 1 the submission of the case to the jury, and the court shall enter its findings thereon. " SECTION 3. This Ordinance shall be in full force and effect from and after its passage and approval. PASSED: 1.7.7 APPROVED: ( �� �, 7� /g?� R I rJr 0 K MUNCIL ATTE CITY CLERK - 2