HomeMy WebLinkAbout1960-106 ORDINANCE
AN ORDINANCE amending Section 34 and repealing Sections 161
and 162 of Ordinance No. B-1526 entitled AN
ORDINANCE relating to and regulating traffic,
travel and transportation and their incidents
upon the streets and other ways open to the
public; prescribing the powers and duties of
officers and others in relation thereto;
defining offenses; providing penalties, and
repealing Ordinance No B-131 and all other
amendments therefor and all other ordinances in
so far as they are in conflict therewith, and
declaring an emergency", as amended, and declaring
an emergency.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. That Section 34 of Ordinance No B-1526 is
hereby amended to read as follows:
"Section 34,
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"(a) It is unlawful for any person who is under
• the influence of or affected by the use of intoxi-
cating liquor or of any narcotic drug to drive or
be in actual physical centre' of any vehicle upon
the public highways.
"(b) 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
blood 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 the 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 presumption that the defendant
was or was not under the influence of intoxicating
liquor, but such fact olay be considered with other
competent evidence in determining the guilt or
• innocence of the defendant.
ler "If there was at that time 0.15 per cent or
more by weight of alcohol in the defendant's
blood, it shall be presumed that the defendant
was under the influence of intoxicating liquor.
"(c) The foregoing provisions of this section shall
not be construed as limiting the introduction of any
other competent evidence tearing upon the question
whether or not the defendant was under the influence
of intoxicating liquor. Nothing 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 admissible
in evidence in any criminal prosecution for the
violation of the provisions of this section or in
any civil action.
(d) It is unlawful for any person who is an
habitual user of or under the influence of any
*.larcotic drug or who is under the influence of any
other drug to a degree which renders him incapable
of safely driving a vehicle to drive a vehicle upon
the public highways. The 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 of violating this section."
!3ection 2. Sections 161 and 162 of Ordinance No. B 1526
are hereby repealed.
Section 3. This ordinance is one to provide for the
immee,iate preservation of the public peace, health, safety and
welfare of the people of the City of Yakima and an emergency
is hereby declared to exist and this ordinance shall be in full
force and effect immediately upon its passage, approval and
publication as provided by law and the City Charter,
PASSED BY THE CITY COUNCIL, signed and approved this A5
day of April, 1960.
ATTEST: Ng.. - ,e
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