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HomeMy WebLinkAbout550_Amend Part 15 Ch 5_DUI While Under AgeDOC # 97098930 FEE 0.00 PGS 2 B/P 5969-0510-0511 CITY OF OWASSO, OKLAHOMA AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 5, DRIVING, OVERTAKING, PASSING, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ADOPTING AS NEW LAW PROVISIONS PERTAINING TO DRIVING UNDER THE INFLUENACE WHILTE UNDER AGE, DEFINING SAME AS WELLAS PROVIDING PENALTIES THEREFOR, CODIFYING SAME IN THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, RENUMBERING EXISTING SECTIONS 15-527 THROUGH 15-555, DELCARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWASSO, OKLAHOMA,THAT, TO-WIT: Section One: Part 15, traffic and Vehicles, Chapter 5, Driving, Overtaking, Passing of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended by adoption as new law and directing the codification of same as follows, to-wit: 15-527 - DRIVING UNDER THE INFLUENCE WHILE UNDER AGE A. It is unlawful, and punishable as provided in subsection C of this section for any person under twenty-one (21) years of age to drive, operate, or be in actual physical control of a motor vehicle within this state who: 1. Has any measurable quantity of alcohol in the persons' blood or breath at the time of a test administered within two (2) hours after an arrest of the person; 2. Exhibits evidence of being under the influence of any other intoxicating substance as shown by analysis of a specimen of the persons' blood, breath, saliva, or urine in accorance with the provisions of Section 752 and 759 of Title 47 of the Oklahoma Statutes; or, 3. Exhibits evidence of the combined influence of alcohol and any other intoxicating substance. B. As used in this section, the term "other intoxicating substance" means any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substance Act, Section 2- 101 et seq. of Title 63 of the Oklahoma Statutes, or any other substance, other than alcohol, which is capable of being ingested, inhaled, injected or absorbed into the human body and is capableof adversely affecting the central nervous system, vision, hearing, or other sensory or motor function. C. 1. Any person under twent-one (21) years of age who violates the provision of this section, shall upon conviction, be guilty of driving under the influence while under age. A violator shall be punished for a first offense by a fine not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00), or by completion of twenty (20) hours of community service, or by requiring the person to attend and complete a treatment program, or by any combination of fine, community service, or treatment. 2. Any violator, upon a second or subsequent conviction, shall be punished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00), or by completion of forty (40) hours of community service, or by requiring the person to attend and complete a treatment program, or by any combination of fine, community service or treatment. Section Two: That existing sections 15-527 through 15-555, of the Code of Ordinances of the City of Owasso, Oklahoma, are hereby directed to be renumbered as 15-528 through 15- 556 respectively. C Section Three: That this ordinance shall become effective thirty (30) days from first publication as provided by state law. DATED this /5j day of IT - , 1997. all CITY OF OWASSO, OKLAHOMA ATTESTS Marcia Boutwell, City Clerk APPROVED AS TO FORM: Ronald D. Cates, City Attorney By: Mary Lou arnhouse, Mayor Affidavit Of Publicatio OWASSO REPORTER I Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, July 24, 1997. CITY OF OWASSO ORDINANCE NO. 650 Till R. Retherford, of lawful age, being duly sworn and authorized, says that he is the publisher of the Owasso Reporter, a weekly newspaper published in the City of Owasso, Tulsa County, Oklahoma, a news- paper qualified to publish legal notices, advertise- ments and publications as provided in Section 106 of Title 25, Oklahoma Statutes 1971 and 1933 as amended, and thereafter, and complies with all other requirements of the laves of Oklahoma with reference to legal publi ptions. That said notice, a true copy of which is attached hereto, was published in the regular edition of said newspaper during the period and time of publication and not in a supplement, on the following dates: subscribed and sworn to before me this PUBLISHER'S AN ORDINANCE RELATING TO PART 15, TRAFFIC AND VEHICLES, CHAPTER 5, DRIVING, OVERTAKING, PASSING, OF THE CODE OF ORDINANCES OF THE CITY OF OWASSO, OKLAHOMA, ADOPTING AS NEW LAW PROVISIONS PERTAINING TO DRIVING UNDER THE INFLU- ENCE WHILE UNDER AGE, DEFINING SAME AS WELL AS PROVIDING PENALTIES THEREFOR, CODIFYING SAME IN THE CODE OF ORDI- NANCES OF THE CITY OF OWASSO, OKLAHOMA, RENUMBERING EXISTING SECTIONS 15-527 THROUGH 15-555, DECLARING AN EFFECTIVE DATE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OWAS- SO, OKLAHOMA, THAT, TO -WIT: Section One: Part 15, Traffic and Vehicles, Chapter 5, Driving, Overtak- ing, Passing, of the Code of Ordinances of the City of Owasso, Oklahoma, is hereby amended by adoption as new law and directing the codification of same as follows, to -wit: 15-527 - DRIVING UNDER THE INFLUENCE WHILE UNDER AGE A. It is unlawful, and punishable as provided in subsection C of this seo- tion for any person under twenty-one (21 ) years of age to drive, operate, or be in actual physical control of a motor vehicle within this state who: 1. Has any measurable quantity of alcohol in the person's blood or breath at the time of a test administered within two (2) hours after an arrest of the person, 2. Exhibits evidence of being under the influence of any other intoxicat- ing substance as shown by analysis of a specimen of the person's blood, breath, saliva, or urine in accordance with the provisions of Section 752 and 759-of Title 47 of the Oklahoma Statutes; or, 3 . Exhibits evidence of the combined influence of alcohol and any other intoxicating substance. B. As used in this section, the term "other intoxicating substance' means any controlled dangerous substance as defined in the Uniform Controlled Dangerous Substances Act, Section 2101 at seq, of Title 63 of the Okla- homa Statutes, or any other substance, other than alcohol, which is capa- ble of being ingested, inhaled, injected or absorbed into the human body and is capable of adversely affecting the central nervous system, vision, hearing, or other sensory or motor function. C . 1. Any person under twenty-one (21 ) years of age who violates the provision of this section, shall upon conviction, be guilty of driving under the influence while under age. A violator shall be punished for a first offense by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00), or by completion of twenty (20) hours of com- munity services, or by requiring the person to attend and complete a treat- ment program, or by any combination of fine, community service, or treat- ment. 2. Any violator, upon a second or subsequent conviction, shall be pun- ished by a fine of not less than One Hundred Dollars ($100.00) nor more than Two Hundred Dollars ($200.00), or by completion of forty (40) hours of community service, or by requiring the person to attend and complete a treatment program, or by any combination of fine, community service or treatment. Section Two: That existing sections 15-527 through 15-555, of the Code of Ordinances of the City of Owasso, Oklahoma, are hereby directed to be renumbered as 15-528 through 15556 respectively. Section Three: That this ordinance shall become effective thirty (30) days from first publication as provided by state law. DATED this 15th day of July, 1997 CITY OF OWASSO, OKLAHOMA By /a/ Mary Lou Barnhouse Mary Lou Barnhouse, Mayor (SEAL) ATTEST /s/ Marcia Boutwell Marcia Boutwell, City Clerk APPROVED AS TO FORM: /at Ronald D Cates Ronald D Cates, City Attorney MEMORANDUM TO: RODNEY J RAY FROM: M.A. ALEXANDER CHIEF OF POLICE SUBJECT: REQUEST APPROVAL TO ORDINANCE #550 DATE: JULY 11, 1997 BACKGROUND: The State Legislature recently strengthened the driving under the infludence statutes. In response to new litigation, the staff has developed a City Ordinance that, if adopted, prohinits any person under the age of 21 to drive, operate or be in actual physical control of a motor vehicle, who has any measurance amount of alcohol in their blood or on their breath as measured by an approved instrument within two (2) hours after the arrest of the person. The proposed ordinance requires violators to be arrested for driving under the influence while under age. A minimum fine of $100 (maximum of $200) will be inposed and/or twenty hours of commuinty sergice and/or mandatory attenace to a alcohol treatment facility. any violator upon a second or subsequent offense shall be punished by a fine of $100-$200 and/or forty hours of community service and/or mandatory attenace to an alcohol treatment program. RECOMMENDATION: The staff recommends City Council approval of Ordinanec #550.0 ATTACHMENTS: Ordinance #550