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Show SEPTEMBER 28, 1983 torily prohibited, or ORDINANCE NO. X habilitation costs, assessed against the person, have been AN ORDINANCE RELATING TO DRIVING paid. WHILE INTOXICATED OR INDER THE INFLUENCE OE DRUGS, ESTABLISHING STANDARDS FOR DETERMINING IN-- 1 OXICAHON OR IMPAIRMENT; ESTABLISHING PROCEDURES TO TAKE LICENSES AND SETTING MINIMUM Be it BLOOD-ALCOHO- CONTENT. ordained by the L City-Tow- n Council of FRUIT HEIGHTS CITY: Section I. 1.1 It is unlawful and punishable as provided in this section for any person w ith a blood alcohol content of .08' v or greater by weight, or who is under the influence of alcohol, or any drug or the combined influence of alcohol and any drug to a degree which renders the person incapable of safely driving a vehicle, to drive or be mactual physical control of a vehicle within this municipality. The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a di jg does not constitute a de- 1.6 The provisions sections 1.4 and 1.5 in sub- that require a sentencing court to order a convicted person to participate in an assessment and educational series at a licensed alcohol rehabilitation facility, obtain, in the discretion of the court, treatment at an alcohol rehabilitation faci- or obtain, mandatorily, treatment at an alcohol rehabilitation facility, or do any combination of those things, apply lity, to a conviction for a violation of section 5 that qualifies as a prior offense under subsection 1.7, so as to require the court to render the same order regarding education or treatment at an alcohol rehabilitation facility, or both, in connection with a first, second, or subsequent conviction under section 5 that qualifies as a prior offense under subsection 1.7, as he would render in connection with applying respectively, the first, second, or subsequent conviction requirements of subsections 1.4 and 1.5. For purposes of determining whether a conviction under fense against any charge of section 5 which qualified as a violating this section. prior conviction under subsec1.2 Percent by weight of tion 1.7, is a first, second, or alcohol in the blood shall be conviction under subsequent based upon grams of alcohol this subsection, a previous per one hundred cubic centiconviction under either secmeters of blood. tion or 5 is deemed a prior 1.3 Every person who is conviction. Any alcohol reconvicted the first time of a habilitation program and any violation of subsection (I) of community-baseor other this section shall be punished education program provided for not less for in this section must be by imprisonment than 6(1 days nor more than six approved by the department of months, or by a fine of $299, or social services. by both such fine and impris1.7.1 When the prosecution onment; except that if the per- agrees to a plea of guilty or no son has inflicted a bodily injury contest to a charge of violation upon another as a proximate of section 5 in satisfaction of, result of having operated the or as a substitute for, an originvehicle in a negligent manner, al charge of a violation of this he shall be punished by imprissection, the prosecution shall onment in the county jail for state for the record a factual not more than one year, and, in basis for the plea, including the discretion of the court, by whether or not there had been fine of not more than $1,000. consumption of alcohol or For the purpose of this section, drugs, or a combination of the standard of negligence is both, by the defendant in conthat of simple negligence, the nection with the offense. The failure to exercise that degree statement shall be an offer of of care which ordinarily proof of the facts which show reasonable and prudent per- whether or not there was consons exercise under like or sumption of alcohol or drugs, similar circumstances. or a combination of both, by 1.4 In addition to the penalthe defendant, in connection ties provided for in subsection with the offense. .3, the court shall, upon a first ' 1.7.2 The court shall advise conviction, impose a mandathe defendant before accepting tory jail sentence of not less the plea offered under this subthan 48 consecutive hours nor section of the consequences of more than 10 days with empha violation of section 5 as folasis on serving in the drunk lows: If the court accepts the tank of the jail, or require the defendants plea of guilty or no contest to a charge of violating person to work in a community-service work program for section 5, and the prosecutor not less than two nor more states for the record that there than 10 days and. in addition to was consumption of alcohol or the jail sentence or the work in drugs, or a combination of work the community-servic- e both, by the defendant in conprogram, order the person to nection with the offense, the participate in an assessment resulting conviction shall be a and educational series at a prior offense for the purposes licensed alcohol rehabilitation of subsection 1.5 of this. 1 d 1 facility. 1.5 Upon a second conviction within five years after a first conviction under this section. the court shall, in addition to the penalties provided for in subsection 1.3, impose a mandatory jail sentence of not less than 48 consecutive hours nor more than 10 days with emphasis on serving in the drunk tank of the jail, or require the person to work in a community-servic- e work program for not less than 10 nor more than 30 days and. in addition to the jail sentence or the work in the community-servic- e work program, order the person to participate in an assessment and educational series at a licensed alcohol rehabilitation facility and the court may. in its discretion, order the person to obtain tieatment at an alcohol rehabilitation facility. Upon a subse- quent conviction within five ears after a second conviction under this section, the court shall, in addition to the penalties provided for in subsection 1.3. impose a mandatory jail sentence of not less than 30 nor more than 90 days with emphasis on serving in the drunk tank of the jail, or require the person to work in a community-service work project for not less than 30 nor more than 90 days and, in addition to the jail sentence or work in the work program, order the person to obtain treatment at an alcohol rehabilitation facility. No portion of any sentence imposed under subsection 1.3 shall be suspended and the convicted person shall not be eligible for parole or probation until such time as any sentence imposed under this section has been served. Probation or parole resulting from a conviction for a violation of this section shall not be terminated and the department of public safety shall not reinstate any license suspended or revoked as a result of such conviction, if it is a second or subsequent such conviction within five years, until and unless the convicted person has furnished evidence satisfactory to the department that all fines and fees, including fees for restitution, and re community-servic- e ( 1.7.3 The court shall notify the department of public safety of each conviction of section 5 which shall be a prior offense for the purposes of subsection 1.5. 1.8 A peace officer may, without a warrant, arrest a person for a violation of this section when the violation is coupled with an accident or collision in which the person is involved and when the violation has, in fact, been committed, although not in his presence, if the officer has reasonable cause to believe that the violation was committed by the person. 1.9 The department of public safety shall suspend for a period of 90 days the operators license of any person convicted for the first time under subsection 1.1 of this section, and shall revoke for one year the license of any person otherwise convicted under this section, except that the department may substract from any suspension period the number of days for which a license was previously suspended under section Utah Code Annotated 1953, if the previous suspension was based on the same occurrence which the record of conviction is based upon. UCA) Section 2. The provisions of (See 4, sections Utah Code and Annotated 1953, hereby are adopted by reference. Section 3. 3.1 Any person operating a motor vehicle in this municipality shall be deemed to have given his consent to a chemical test or tests of his breath, blood, or urine for the purpose of determining whether he was driving or in actual physical control of a motor vehicle while having a blood alcohol content statutorily prohibited, or while under the influence of alcohol, any drug, or combination of alcohol and any drug as detailed in section 1 so long as the test is or tests are administered at the direction of a peace officer having grounds to believe that person to have been driving or in actual physical control of a motor vehicle while having a blood alcohol, content statu while under the influence of alcohol, any drug, or combination of alcohol and any drug as detailed in section 1. A peace officer shall determine which of the aforesaid tests shall be administered. No person who has been requested under this section to submit to a chemical test or tests of his breath, blood, or urine, shall have the right to select the test of tests to be administrated. The failure or inability of a peace officer to arrange for any specific test is not a defense with regard to taking a test requested by a peace officer and shall not be a defense in any criminal, civil or administrative proceeding resulting from a persons refusal to submit to the requested test or tests. 3.2 If the person has been placed under arrest and has thereafter beenVequested by a peace officer to submit to any one or more of the chemical tests provided for in subsection 3.1 of this section and refuses to submit to the chemical test or tests, the perequesting the test or tests that a refusal to submit to the test or tests can result in revocation of his license to operate a motor vehicle. Following the warning, unless the person immediately requests the chemical test or tests as offered by a peace officer be administered, no test shall be given and a peace officer shall submit to the department a sworn report, of public safety within five days after the date of the arrest, that he had grounds to believe the arrested person had been driving or was in actual physical control of a motor vehicle while having a blood alcohol content statutorily prohibited or while under the influence of alcohol or any drug or combination of alcohol and any drug as detailed in section and that the person had refused to submit to a chemical test or tests as set forth in subsection 3.1. 1 3.3 Any person who is dead, unconscious, or in any other condition rendering him incapable of refusal to submit to any such chemical test or tests shall be deemed not to have withdrawn the consent provided for in subsection 3.1 of this section, and the test or tests may be administered whether such person has been arrested or not. 3.4 Upon the request of the person who was tested, the results of such test or tests shall be made available to him. 3.5 Only a physician, registered nurse, practical nurse or person authorized. under subsection (19), Utah Code Annotated 1953, acting at the request of a peace officer can withdraw blood for the purpose of determining the alcoholic or drug content therein. This limitation shall not apply to the taking of a urine or breath specimen. Any physician, registered nurse, practical nurse or person authorized under subsection (19) Utah Code Annotated 1953, who, at the direction of a peace officer, draws a sample of blood from any person whom a peace officer has reason to believe is driving in violation of this chapter, or hospital or medical facility at which such sample is drawn, shall be irntnune from any civil or criminal liability arising therefrom, provided such test is administered according to standard medical practice. for violation of this section, to refuse to submit to any one of the chemical tests provided. (See UCA) Section 5. 5.1 Any person who drives any vehicle in willful or wanton disregard for the safety of persons or property is guilty of reckless driving. 5.2 Every person convicted of reckless driving shall be punished upon a first conviction by imprisonment for a period of not less than five days nor more than six months or by a fine of not less than $25 nor more than $299, or by both such fines and imprisonment. On a second or subsequent conviction, the person shall be punished by imprisonment for not less than ten days nor more than six months, or by a fine of not less than $50 nor more than $299 or by both such fine and imprisonment. See UCA) Section 6. 6.1 In each case w here a defendent is convicted of violating sectino or a criminal prohibition that he was charged with violating as a result of a plea bargain after hav1 ing been originally charged with violating section 1, the court, including justice of the peace courts, shall, at the time of sentencing, assess up to $150 for a first conviction and up to $299 for each subsequent conviction, above any fine imposed, and to be collected by the court or an entity mail to Hess, Van Wagenen, Page & Hess, Plaintiffs Attorney, 40 South 125 East, Clearfield, Utah, 84015, a within 3 days after service of this Summons upon you. If you fail so to do, judgment by default will be taken against you and this Court will enter an Order of Evicis An absolute tion requiring the Sheriff of hard to come guarantee by these days, Davis County to go to the but Colonel Gene Roberts premises commonly known gives one to every participant as trailer space 51, Harmony in the Stop Smoking Clinic he Park, located at 75 West 250 directs. I can guarantee that North, Clearfield, Utah, and who attends the Clto remove you and your everyone inics will stop smoking someproperty therefrom and to award to Plaintiff such other day, he said. Either during and further relief as is the clinics or the day theyre six feet under. requested in the Complaint put file herein and a copy of on THE CLINICS are sponwhich is hereto annexed and sored by the American Cancer herewith served upon you. DATED this 20th day of Society and are held twice Hospitweekly at McKay-De- e May, A.D., 1983. al Center in the Green AuditorGERALD E. HESS ium. The clinics run for four Published in the Davis News weeks and will begin again on Journal Oct. 3, according to Owen First publication Sept. 28, 1983 Rouse, American Cancer Last publication Oct. 19, 1983 PUBLIC HEARING NOTICE Notice is hereby given that the City Council of Kaysville City will hold a public hearing on October 18, 1983 at 6:00 pm. in the Council Room of City Hall, 44 North Main, appointed by the court, for the Kaysville, to consider an purpose of funding programs amendment to the Zoning described in section Ordinance and a rezone petiUtah Code Annotated 1953. tion. The agenda shall be as 6.2 In addition to the fees follows: provided for in subsection 1, 1. Opening the court shall impose against 2. Rezone d of such a defendant further assessments, above any fine imposed, and to be collected by the court or an entity appointed by the court, to fully compensate agencies which treat the defendant for their costs. (See UCA) Section 7. A person whose conviction under Utah Code Annotated 1953, is based on his driving while his operators or chauffeurs license is suspended or revoked for a violation of sections 1, 3, or 8 or a criminal Stop Smoking Clinic Starts On Oct. 3rd copy of the said answer petition and Rildah Smith to rezone a 12 acre parcel on Wil-for- Angel Street and Smith Lane fromA-- to l. 3. Amendment of the Zoning Ordinance to require the securing of hot tubs and similar structures. 5 A-- V. DEAN STEEL City Recorder Published in the Weekly flex on Sept. 28, 1983 Issue No. 35 Re- Society Director. A registration fee of $15 will be charged with $10 refundable if the course is completed with good attendance and if the smoking habit is stopped. Roberts is a facilitator at the clinics along with Frank Tolhurst. Both are exsmokers. They have experienced the agony and final euphoria of quitting cigarettes permanently, Roberts said. Roberts smoked for 30 years before enrolling in a clinic and managing to quit. Other methods like hypnosis had failed, he said. For me the only way was to quit cold turkey if I wanted to quit for good, Roberts said. HE SAID the clinics focus on the individual needs of each person. A plan is devised by each person and written down to be followed. The first session deals with way to quit and tips on exercise to do while giving up the habit in order to stay physically fit. Also, Roberts said, participants are urged to keep alternatives handy as substitutes for cigarettes, such as candy or fresh vegetables. SOMETIMES people gain weight after they quit smoking because food tastes really good again, Roberts said. "But it doesnt have to happen, he added. As the sessions proceed, participants encourage one another during meetings by talking and sharing problems and ideas. A buddy system is set up for members to have someone special in the group to call if temptation gets too strong. THE SUCCESS rate for members in the clinic is about fifty percent during the session, Roberts said. He said follow-up figures are not available on how many manage to quit for good. Thats the real secret,, he said, "knowing how to quit and quit for good . Roberts knows from experience how hard it is to give up smoking. He recalled one evening when he way trying unsuccessfully to quit. He went out to buy a pack of cigarettes, unable to resist any longer. As he smoked in the car he berated himself for his weakness and threw the cigarettes out the car window. I LATER THAT night, got back in the car and drove to where 1 had thrown them to see if 1 could find them. They were still there and I got out of the car and picked them up off the road so I could smoke another one. He feels only a smoker or an would understand that kind of compulsion. This understanding is helpful in working with people who sign up for the clinics, he said. NO PRESSURE is put on anyone in the clinic, just positive encouragement. And if someone cant quit, they are always welcome to come back and try again, he said. Kays. News Mr. and Mrs. Ronald Greene, Mr. and Mrs. Warren J. Wall of North Carolina are the grandparents. Its a son for Mr. and Mrs. Cary Stenquist. A 7 lb. 2 oz. lad arrived Sept. 13 at the St. Benedicts Hospital and will be named David Anthony. Mrs. Marjorie Stenquist of Kaysville; Mr. and Mrs. Tony Markham of Kanesville are the grandparents. Com. Classes Set At CHS An opportunity to learn skills along with beginning accounting will begin the afternoon of Sept. 29 in conjunction with the Com- munity School Program at Clearfield High School. THE CLASS will run Thursday afternoons from 6 p.m. in Room Included in the business machines portion will be electronic calculators, posting, dictaphones and IBM keypunch. The accounting portion will be optional to the student. Certificates of completion will be given for employment REGISTRATION will take place at the first class Thursday, Sept. 29. The fee is $30. There are no books to buy and the general public is welcome to attend. The clas will be taught for eight wteks. prohibition that the person was vaV, charged with violating as a result of a plea bargain after having been originally charged with violating one or more of sections 1, 3, or 8 shall be punished by a fine of at least TCur spring $299 but not more than $1000 or by imprisonment for not more than one year, or by both such fine and imprisonment. Section 8. 8.1 Criminal homicide constitutes automobile homicide if the actor, while under the influence of alcohol, a controlled substance, or any drug, to a degree which renders the actor incapable of safely driving a vehicle, causes the death of another by operating a motor vehicle in a negligent manner. For the purposes of this section, the standard pf negligence shall be that of simple negligence, the failure to exercise that degree of care which ordinarily reasonable and prudent persons exercise under like or similar circumstance. 8.2 Any chemical test administered on a defendant with his consent or after his arrest Fall is for planting tl TREES LAWNS gartten starts raw. Dont miss Spring this Its planting time Fall. for tulips, hyacinths, daffodils, and other bulbs, Imported from Holland. :jf jr SHRUBS BULBS ti under this section, whether with or against his consent, shall be admissible in accord- ance with the rules of evidence. 8.3 For purposes of this section, a motor vehicle constivehitutes any cle and includes, but is not l3.6 The person to be tested imited to, any automobile, may, at his own expense, have truck, van, motorcycle, train, a physician of his own choosengine, watercraft, or aircraft. 8.4 Automobile homicide is ing administer a chemical test in addition to the test or tests a felony of the third degree. Section 9. All ordinances inadministered at the direction of the peace officer. The fai- consistent with the provisions lure or inability to obtain such of this ordinance hereby are readditional test shall not affect pealed. Any offense commitadmissability of the results of ted prior to the effective date the test or tests taken at the of this code shall be governed direction of a peace officer, by the ordinances of this munnor preclude nor delay the test icipality existing at the time of or tests to be taken at the direc- commission thereof. Section 10. This provisions tion of a peace officer. Such additional test shall be subse- of this ordinance are severquent to the test or tests adm- able. Section 11. This ordinance inistered at the direction of a shall take effect immediately officer. peace on posting. 3.7 For the purpose of deterPassed this 6th day of Sepmining whether to submit to a 1983 by the City Countember, chemical test or tests, the person to be tested shall not have cil of Fruit Heights. the right to consult an attorney DEAN O. BRAND nor shall such a person be perMayor mitted to have an attorney, physician or other person pre- Attest: sent as a condition for the takDean M. Provost ing of any test. 3.8 If a person under arrest refuses to submit to a chemical test or tests under the provi- Published in the Weekly Resion of this section, evidence flex on Sept. 28, 1983 of refusal shall be admissible in Issue No. 35 any civil or criminal action or SUMMONS proceeding arising out of acts commithave been CIVIL NO. alleged to ted while the person was driv- IN THE CIRCUIT COURT OF DAVIS COUNTY, ing or in actual physical control of a motor vehicle while STATE OF UTAH CLEARFIELD DEPARTunder the influence of alcohol MENT or any drug or combination of alcohol and any drug. (See THOMAS H. CLAY, dba Harmony Park, 41.6.44.10, UCA) Plaintiff, Section 4. It is unlawful for any vs. person who is under the influence of intoxicating liquor or GORDON BOWEN, Defendant. any narcotic drugs to drive or be in actual physical control of 6465 North Manhien Road, any recreation vehicle within Rosemont, Illinois 600018 this municipality. Violators THE STATE OF UTAH TO will be subject to all proceTHE ABOVE NAMED dures, implied consent; pre- DEFENDANT: sumptions and punishments, You are hereby summoned provisions of sections 4 and 3 and required to file an except subsection 3.3. It is also answer in writing to the atunlawful and punishable under tached Complaint with the subsection 1.3 for any person, Clerk of the above entitled after being placed under arrest Court and to serve upon or Clerk-Record- pur- poses. er 'h z |