OCR Text |
Show son's blood, breath, or other bodily substance shall give rise to the following presumptions: 1. If there was at that time 0.05 per cent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence influen-ce of alcohol; 2. If there was at that time in excess of 0.05 per cent but less than 0.08 percent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption presum-ption that the person was or was not under the influence in-fluence of alcohol, but peace officer has reasonable cause to believe that the violation was committed by such person. STATE OF EMERGENCY. EMER-GENCY. In the opinion of the City Council of Pleasant Grove City, there presently exists an emergency with respect to enforcement of certain police powers, and it is therefore necessary that this ordinance take effect immediately upon passage and publication in order to protect the peace, health, welfare and safety of the inhabitants of Pleasant Grove City. EFFECTIVE DATE. This ordinance shall take effect immediately upon its passage and publication as provided by law AN ORDINANCE AN ORDINANCE REPEALING SECTION 10-7-1 OF THE PLEASANT GROVE CITY CODE: MAKING IT UNLAWFUL TO DRIVE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS: ESTABLISHING A PRESUMPTION ARIS-ING ARIS-ING FROM ALCOHOLIC CONTENT OF BLOOD: PROVIDING PENALTIES PENAL-TIES FOR THE VIOLATION THEREOF: DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE EF-FECTIVE DATE. BE IT ORDAINED by the City Council of Pleasant Grove, Utah County, Utah, as follows: Section 10-7-1 of the Pleasant Grove City Code is hereby repealed. This ordinance shall be known as Section 10-7-1. (a) It is unlawful and punishable as provided in subsection (d) of this section sec-tion for any person who is under the influence of alcohol, or who is under the influence of any drug or combined influence of . alcohol and any drug to a degree which renders the 1 person incapable of safely driving a vehicle, to drive or be in actual physical control of any vehicle within the city limits of Pleasant Grove City. The fact that any person charged with violating this section is or has been legally entitled to use alcohol or a drug shall not constitute a defense against any charge of violating this section. (b) In any criminal i prosecution for a violation of subsection (a) of this section relating to driving P a vehicle while under the I influence of alcohol or in ! any civil suit or proceeding arising out of j) acts alleged to have been committed by any person , while driving or in actual physical control of a vehicle while under the influence in-fluence of alcohol, the , amount of alcohol in the person's blood at the time alleged as shown by chem- t ical analysis of the per- I I such fact may be cop-such cop-such fact may be considered con-sidered with other competent com-petent evidence in determining deter-mining whether the person per-son was under the influence influen-ce of alcohol; 3. If there was at the time 0.08 percent or more by weight of alcohol in the person's blood, it shall be presumed that the person was under the influence of alcohol; 4. The foregoing provisions of this subdivision sub-division shall not be construed con-strued as limiting the introduction in-troduction of any other competent evidence bearing upon the question whether or not the person was under the influence of alcohol. (c) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per hundred cubic centimeters of blood. (d) Every person who is convicted of a violation of this section shall be punished by imprisonment imprison-ment for not less than thirty days nor more than 6 months, or by a fine of not less than $100.00 nor more than $299.00, or by both such fine and imprisonment. im-prisonment. (el A peace officer may, without a warrant, arrest a person for a violation of this section when such violation is coupled with an accident or collision in which such person is involved in-volved and when such violation has in fact been committed, although not in his presence, when a REPEALER. Any ordinance or-dinance or parts of ordinances or-dinances in conflict herewith are hereby repealed. SEVERABILITY. In the event that a court of competent jurisdiction finds any part of this ordinance or-dinance to be unconstitutional, uncon-stitutional, null or void, such ruling shall not effect the remaining or subparts of this ordinance. dated this 21st day of November, 1978. W. CORNELL HAYNIE Mayor Mark Johnson City Recorder ATTEST: STATE OF UTAH ) County of Utah ) ss. I, Mark Johnson, City Recorder of Pleasant Grove City, Utah, hereby certify that the above and foregoing is a complete true and correct copy of an ordinance passed by the City Council of Pleasant Grove City, Utah on the 21st day of November, 1978. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the corporate seal of Pleasant Grove City, Utah this 28th day of November, 1978. Mark Johnson (Seal) City Recorder Published Nov. 30, 1978 in Pleasant Grove Review. |