Ordinance 3512 - Laserfiche WebLink

y • The foregoing provisions of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. lvothing herein contained shall be construed as requiring any person to submit to a chemical analysis of his blood, and the refusal to submit to such an analysis shall not be admissable in evidence in any criminal prosecution for a violation of the provisions of this section or in any civil action. It shall be unlawful and Punishable as herein pro- vided for any person who is a habitual user of or under the influence of any narcotic drug or wh.o is under the influence of any other drug to a degree which renders him incapable of safely driving a vehicle to drive upon the public streets or alleys of this city. lie fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge violating this section. Upon the first conviction for the violation of the provisions of this section the court shall impose a fine of not less then _i_fty dollars ( 50. 00) or more than five hun.dre ' dollars ( ;500.00) end not less than five (5) days or more than one (1) year in jail, and shall, in addition thereto, suspend the operator 's license of such person for not les.E than thirty (30) days. Upon second conviction for e violation of the nrolrisious of this section within a period of five years, the count shall Impose a fine o:_' not less than one nnrrh collars 100.00) or more than one thousand dollars ( ;1o00.00) and not less than thirty (50) days or more than one tl) year in the city jail, an,: neither the fine nor the jail sentence so ..posed s}"tall be susneLd ', end shall, in addition thereto, suspend the operator ' s license of such person for not less then sixty (60) days after the termination of such jail sentence. Upon any subsequent conviction for a violation of the provisions of this section within e period of five years, the court shell impose a fine of not less than one hundred dollars ( >100.00) or more then one thousand dollars (T1000.00) an not less than thirty (30) dads or more than one (1) year in the city jail, and neither the fine nor the jail sentence so imposed shall be suspended, and shall, in addition thereto, revoke the operator ' s .License. In any case provided l'or in this section were a drin.er 's license is to be revoked or suspended, such revocation or sus�Pension shall be stayed and shall not take effect until after the determination of any appeal from the conviction which may lawfully be taken, but in case such conviction is sustanedLon appeal such revocation or suspension shall take effect Ss of the date that the conviction becomes effective for other purposes; t being the intent and nu:cpose of this section that licenses shell re akin in full force and effect during, the period that any appeal is pending. Section 2: That en emergency is hereby declared to exist and this ordinance shall take effect upon its passage and Publication. (-T7/_1(<--‘ Id y o r Attest :/ C• Clerk Passed: _enn,te •2�, �y _s ' Published: