Ordinance 4134 - Laserfiche WebLink

ORDINANCE NO. /vim` AN ORDINANCE AMENDING ECC 8.24.410, MAKING IT UNLAWFUL TO DRIVE A MOTOR VEHICLE UPON THE PUBLIC STREETS OF THE CITY OF EVERETT, OR TO BE IN ACTUAL, PHYSICAL CONTROL OF SUCH VEHICLE UPON SAID STREETS OR ALLEYS OF THIS CITY, OR ALONG OR UPON PRIVATE OR PUBLIC PROPERTY OF THIS CITY, WHILE THE OPERATOR THEREOF IS INTOXICATED OR UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR OF ANY NARCOTIC DRUG, AND PRESCRIB- ING PENALTIES THEREFOR, AND PROVIDING FOR CERTAIN PRESUMP- TIONS IN THE EVENT OF THE PRESENCE OF ALCOHOL IN THE DEFEN- DANT 'S OR OPERATOR 'S BLOOD AS SHOWN BY CHEMICAL ANALYSIS. Section 1 : That Everett City Code 8.24.410 be and the same is hereby amended to read as follows , to-wit : 8.24.410 DRIVING WHILE INTOXICATED. It shall be unlawful and punishable as herein provided for any person who is under the influence of or affected by the use of in- toxicating liquor or of any narcotic drug to drive or be in actual physical control of any vehicle upon the public streets or alleys of this city or over, along or upon private or pub- lic property in this city. In any criminal prosecution for a violation of the provisions of this section relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant 's bloom at the time alleged as shown by chemical analysis of the defendant 's blood, urine, breath or other bodily substance shall give rise to the following presumptions : If there was at that time 0.05 per cent or less by weight of alcohol in the defendant 's blood, it shall be presumed that the defendant was not under the influence of intoxicating liquor ; If there was at that time in excess of 0.05 per cent but less than 0. 15 per cent by weight of alcohol in the defendant 's blood, such fact shall not give rise to any