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•rd . <br /> ORDINANCE NO. 2415-99 <br /> AN ORDINANCE Relating to Operating a Vessel While Under the <br /> Influence of Intoxicating Liquor or any Drug,Amending Section 1 <br /> (part) of Ordinance No. 1246-86 (EMC 12.02.130). <br /> WHEREAS,the Washington State Legislature lowered the blood alcohol level in which <br /> one is affected by alcohol to .08 grams or more of alcohol per two hundred ten liters of <br /> breath; and <br /> WHEREAS,the Washington State Legislature amended the crime of Operation of a <br /> Vessel While Under the Influence of Intoxicating Liquor to reflect .08 grams or more of <br /> alcohol per two hundred ten liters of breath as the legal limit; and <br /> WHEREAS,the City of Everett City Council deems it appropriate for the City Criminal <br /> Code to be consistent with state law in this area, <br /> NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: <br /> Section 1: Section 1 (part) of Ordinance No. 1246-86 (EMC 12.02.130), which reads <br /> as follows: <br /> Operating a vessel while under the influence of intoxicating liquor or any drug. <br /> A person is guilty of operating a vessel while under the influence of intoxicating liquor or <br /> any drug if the person operates a vessel within this city while: <br /> A. The person has 0.10 grams or more of alcohol per two hundred ten liters of <br /> breath, as shown by analysis of the person's breath, blood, or other bodily <br /> substance made under RCW 46.61.506; or <br /> B. The person is under the influence of or affected by intoxicating liquor or any <br /> drug; or <br /> C. The person is under the combined influence of or affected by intoxicating liquor <br /> and any drug. <br /> The fact that any person charged with a violation of this section is or has been entitled to <br /> use such drug under the laws of this state shall not constitute a defense against any charge <br /> of violating this section. A person cited under this subsection may upon request be given <br />