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HomeMy WebLinkAbout1979-2326 111 ORDINANCE NO. AN ORDINANCE relating to public safety and morals; declaring it to be unlawful to drive a vehicle or be in physical control thereof while under the influence of in- • toxicating liquor or drugs; providing penalties for violations; amending Sections 9.50.380 and 9.50.400, adding a new Section 9.50.385, and repealing Sec- tion 9.50.390, all of the City of Yakima Municipal Code; and declaring an emergency. WHEREAS, by the enactment of Chapter 176, Laws of 1979, 1st Extraordinary Session, the Washington State Legislature amended existing laws and enacted new laws relating to driving or being in physical control of a motor vehicle while under the influence of intoxicating liquor or drugs, and WHEREAS, certain sections of the City of Yakima Municipal Code must be amended, enacted or repealed, as provided herein, in order that the code of the City of Yakima concerning those driving delinquencies will be consistent with the laws of the State of Washington; and WHEREAS, the effective date of Chapter 176, Laws of 1979, 1st Extraordinary Session, is on September 1, 1979; and the City Council of the City of Yakima finds and declares an emergency to exist requiring that this ordinance become immediately effective so that the laws of the City of Yakima will be consistent with the laws of the State of Washington on that effective date, now, 11, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 9.50.380 of the City of Yakima Municipal Code is hereby amended to read as follows: "9.50.380 Driving while under the influence of intoxicat- ing liquor or any drug. A. It shall be unlawful for any person to drive a vehicle while under the influence of intoxicating liquor or any drug. B. A person is guilty of driving while under the influence of intoxicating liquor or any drug if he drives a vehicle within this city while: 1. He has 0.10 percent or more by weight of alcohol in his blood as shown by a chemical analysis of his breath, blood, or other bodily substance made under R.C.W. 46.61.506 as now or here- after amended; or 2. He is under the influence of or affected by intoxicating liquor or any drug; or 3. He is under the combined influence of or affected by intoxicating liquor and any drug. C. 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." Section 2. Section 9.50.385 is hereby added as a new section of the City of Yakima Municipal Code to read as follows: "9.50.385 Bein: in actual .h sical control of a motor vehicle while unser t e in uence o intoxicating iquor or any rug. A. It shall be unlawful for any person to be in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug. B. A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he has actual physical control of a vehicle within this city while: 1. He has 0.10 percent or more by weight of alcohol in his blood as shown by a chemical analysis of his breath, blood, or other bodily substance made under R.C.W. 46.61.506 as now or hereafter amended; or 2. He is under the influence of or affected by intoxicating liquor or any drug; or 3. He is under the combined influence of or affected by intoxicating liquor and any drug. C. The fact that any person charged with a viola- tion 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. No person may be convicted under this section if, prior to being pursued by a law enforcement officer, he has moved the vehicle safely off the roadway." Section 3. Section 9.50.400 of the City of Yakima Municipal Code is hereby amended to read as follows: "9.50.400 Drivin while under the influence and •h sical control while un e� r the in uence - -Pena ties. A. Every person who is convicted of a violation of Sections 9.50.380 or 9.50.385 of this chapter shall be punished by imprisonment for not less than one day nor more than one year, and by a fine of not more than $500. The person shall, in addition, be required to complete a course at an alcohol information school approved by the Department of Social and Health Services. One day of the jail sentence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well - being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, • in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. -2- B. On a second or subsequent conviction under Sections 9.50.380 or 9.50.385 of this chapter within a five year period a person shall be punished by imprison- ment for not less than seven days nor more than one • year and by a fine not more than $1,000. The jail sen- tence shall not be suspended or deferred unless the judge finds that the imposition of the jail sentence will pose a risk to the defendant's physical or mental well-being. Whenever the mandatory jail sentence is suspended or deferred, the judge must state, in writing, the reason for granting the suspension or deferral and the facts upon which the suspension or deferral is based. If such person at the time of a second or subsequent conviction is without a license or permit because of a previous suspension or revocation, the minimum mandatory sentence shall be ninety days in jail and a $200 fine. The penalty so imposed shall not be suspended or deferred. In addition to any nonsuspendable and nondeferrable 410 jail sentence required by this subsection, the court shall sentence a person to a term of imprisonment not exceeding 180 days and shall suspend but shall not defer the sentence for a period not exceeding two years. The suspension of the sentence may be conditioned upon nonrepetition, alcohol or drug treatment, supervised probation, or other conditions that may be appropriate. The sentence may be imposed in whole or in part upon violation of a condition of suspension during the suspension period. C. The provisions herein limiting the authority of the court to defer or suspend a sentence shall not take effect until January 1, 1980." Section 4. Section 9.50.390 of the City of Yakima Municipal Code is hereby repealed. Section 5. This ordinance is one to provide for the immediate 411 preservation of the public peace, property, 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 by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this r) day of cl, 1979. • gNuizi Mayor ATTEST: - • City erk -3-