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