Ordinance 682-80 - Laserfiche WebLink

t 1 ORDINANCE NO. U a d 2 AN ORDINANCE amending Ordinance No. 459-77 making it a crime to 3 drive a motor vehicle while under the influence of intoxicating liquor or any drug and to be in physical control of a motor vehicle while 4 under the influence of intoxicating liquor or any drug, providing penalties therefor, and declaring an emergency to exist. 5 6 7 WHEREAS, City Council adopted the Model Traffic Ordinance (MTO), Ordinance 8 NO. 459-77; and 9 WHEREAS, when City Council adopted the MTO it was made a crime to drive a 10 vehicle while under the influence of intoxicating liquor or any drug and to be in physical 11 control of a motor vehicle while under the influence of intoxicating liquor or any drug; 12 and 13 WHEREAS, the Washington State legislature recently amended the State Driving 14 While Intoxicated and Physical Control laws; and 15 WHEREAS, it is questionable what effect, if any, these amendments had on the 16 City's DWI and Physical Control laws; and 17 WHEREAS, the City Council finds that it is imperative that the City have 18 legislation covering these two traffic offenses; and 19 WHEREAS, the City Council finds that in order to remove any uncertainty the 20 City Council desires that the City adopt legislation covering these two traffic offenses; 21 and 22 WHEREAS, the City Council finds that it is critical that this legislation takes 23 effect as soon as is possible and, therefore, finds that an emergency exists. 24 NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: 25 Section 1: Ordinance No. 459-77 is hereby amended by the addition of the 26 following sections: 27 Section 1: 28 A person is guilty of driving while under the influence of 29 intoxicating liquor or any drug if he drives a vehicle within this City while: 30 (1) He has 0.10 percent or more by weight of alcohol in his 31 blood as shown by chemical analysis of his breath, blood, or other bodily substance made under RCW 46.61.506 as now or hereafter amended; or 32