HomeMy WebLinkAbout550_DUI While Under AgeDOC # 97098930 FEE 0.00 PGS 2 13 /P 5969/0510-0511 T
CITY OF OWASSO, OKLAHOMA
t� ORDINANCE NUMBER 5s5
0
AN ORDINANCE RELATING TO PART 15, ';'TRAFFIC AND
VEHICLES, CHAPTER 5, DRIVING, OVERTAKING,
PASSING, OF THE CODE OF ORDINANCES OF THE
Gi CITY OF OWASSO, OKLAHOMA, ADOPTING AS NEW
LAW PROVISIONS PERTAINING TO DRIVING UNDER
THE INFLUENCE WHILE UNDER AGE, DEFINING SAME
AS WELL AS PROVIDING PENALTIES THEREFOR,
CODIFYING SAME IN THE CODE OF ORDINANCES OF
y\ THE CITY OF OWASSO, OKLAHOMA, RENUMBERING
u EXISTING SECTIONS 15 -527 THROUGH 15 -555,
DECLARING 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 (2 1) 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 intoxicating
v 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 2-
101 et seq. of Title 63 of the Oklahoma Statutes, or any other substance, other than alcohol,
IM which is capable 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
j section, shall upon conviction, be guilty of driving under the influence while under age. A violator
�l 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 community
services, or by requiring the person to attend and complete a treatment program, or by any
combination of fine, community service, or treatment.
1
IR 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.
,r� �
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 15th day of ITV- , 1997.
all
l.t . CITY OF OWASSO, OKLAHOMA
A. TTFSTS` `
Marc � Boutwell, Cit§ Clerk
APPROVED AS TO FORM:
Ronald D. Cates, City Attorney
2780- 322.dua
By: -�n v
Mary Lou arnhouse, Mayor
K
!; !L .
Published in the Owasso Reporter, Owasso, Tulsa County, Oklahoma, July
24, 1997.
CITY OF OWASSO
ORDINANCE NO. 550
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 directin9 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 sec-
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 alcohoi 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 ot 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 et seq. of Tille 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 ot 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 01 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-
munlly 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 Is! Mary Lou Barnhouse
Mary Lou Barnhouse, Mayo,
(S EAL)
ATTEST
Is! Marcia Boutwell
Marcia Boutwell, City Clerk
APPROVED AS TO FORM:
Is! Ronald D Cates
Ronald D Cates, City Attorney
Publication
Of
Affidavit
OWASSO REPORTER
SS:
being duly sworn
of
says that he the
a weekly newspaper published in
STATE OF OKLAHOMA, TULSA COUNTY,
lawful age,
R. Retherford,
Bil
and authorized,
is the publisher of
Owasso Reporter,
Tulsa County, Oklahoma, a news-
advertise-
the City of Owasso,
notices
ments and publications as provided in Section 106 of
Title 25. Oklahoma Statutes 1971 and 1983 as
other
legal
and complies with an
requirements of the laws of Oklahoma with reference
to publish
thereafter,
paper qualified
amended, and
is attached
the regular edition of said
true copy of which
in
a
was published
to legal publkptions
That said notice
hereto
newspaper during the period and time of publication
and not
on the following dates:
199--2-
in a supplement,
day of
80
82
Commission expires:
PUBLISHER'S FEE $
MEMORANDUM
RODNEY J RAY
CITY MANAGER
TO
M.A.ALEXANDER
CHIEF OF POLICE
REQUEST APPROVAL TO ORDINANCE #550
SUBJECT:
1997
11,
July
BACKGROUND
The State Legislature recently strengthened the driving under the influence statutes. In response
to new legislation, the staff has developed a City Ordinance that, if adopted, prohibits any
person under the age of 21 to drive, operate or be in actual physical control of a motor vehicle,
who has an~ measurable 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. minimum fine of $100 (maximum of $200) will be imposed and/or twenty hours
of community service and/or mandatory attendance to a alcohol treatment facility. Any violator
upon a second or subsequent offense shaH be punished by a fine of $100-$200 and/or forty hours
of service and/or mandatory attendance to an alcohol treatment program.
approval of Ordinance #550.
RECOMMENDATION
The recommends City Council
'"
ATTACHMENTS
Ordinance #550