HomeMy WebLinkAboutO-1949-217 ORDINANCE
AN ORDINANCE PROHIBIMICT THE 0P sRA'1'IOid OF A MOTOR
VEHICLE 1TTHIN TEE CITY LIMITS 01" THE 9ITY OF DANIA
BV ANY PERSON UNDER THE IhF'LUEN�,E OF' IIT'ORICATIIJG
L.10OR OR NARCOTIC DRUG; DEFINI IG AND E—NU-T&RA`I'ING
THE VARIOUS OF'FEiiSES COMPREHENDED UNDER THIS
ORDINAAC ; PROVIi1.Ii4G A PENALTY FOR THE VIOLATION
OF' THE TERMS HEREOF; REPEALING ALL ORI)INANCES OR
PARTS OF ORDIIJAN+-S, ANU RESOLUTIONS OR PARTS OF
RESOLUTIONS IN CO &LICT HEREWITH; AND PROVIDING
FOR THE REALIWG AND PASSAGE OF THIS 01-JINAACE AS
AN MhMGEN%T TJEASURE UPON ONE MEETING U THE CITY
COI MISSION OF THE CITY OF DANIA BY Ali UIJANI;'MS
CONSENT OF THE MEMBERS PRESENT.
BE IT ORDAI14ED BY THE CITY COPTISSION OF THE CITY OF
DANIA, FLORIDA:
SEC`i'IOI4 1: It is unlawful and punishable as provided in
Section 4 of this Ordinance for any person who is under the influence
Of intoxicating liquor when affected to the extent that his or her
normal faculties are impaired to drive or be in actual physical control
of any motor vehicle within the City Limits of the City of Dania, r
Florida. II
SEOPION In an criminal�� y prosectution fora violation of
Section 1 of this Ordinance relatinre to driving; a vehicle while under
the influence of intoxicating liquor, the amount of alcohol in the
•. .k' defendant's blood at the time alleged as shown by chemical analysis of
the defendantfs blood, urine, breath or other bodily substance shall
give rise to the following presumptions ;
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SECTION 3: If there was at that time five-hundredths 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 intoxi-
eating liquor;
SECTION 4: If there was at that time in excess of five-
hundredths per cent but less than fifteen-hundredths per cent by vaeight
Of alcohol in the defendants blood, such fact shall not Hive rise to
any presumption that the defendant was or was not under the influence
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of intoxicatinE liquor when affected to the extent that his or her
normal faculties are inraaired to drive or be in actual. physical
control of any vehicle within this city, but such fact may be con-
sidered with other competent evidence in determininar the guilt or
innocence of the defendant;
SECTION 5: If there was at that time fifteen-hundredths
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 to the extent that his or her normal faculties
were impaired to drive or be in actual physical control of any
vehicle within the City Limits of the City of Dan-la, Florida.
SECT10N 6 : The foregoing provisions of this section shall
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not be construed as limitin the introduction of any other competent
evidence bearing upon the question whether or not; the defendant
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was under the influence of intoxicating liquor.
SECTION 7: It is unlawful and punishable as provided in
Section 8 of this Ordinance for any person who is a habitual user
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of or under the influence of any narcotic drug or who is under the
influence of any other drug to a degree which renders him incapable
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of safely driving a vehicle to drive a vehicle within this State.
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The fact that any person charged with a violation of this Section :is or
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has been entitled to use such drug under the laws of this State shall
j not constitute a defense against any violation of this Section.
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SECTION 8: Every person violating the provisions of this
ordinance shall upon conviction before the mayor or Municipal Judge
be subject to a fine not exceeding One Hundred Dollars (.,;100.00) , or
by imprisonment not exceeding thirt
y (30) gays, or both such fine and
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imprisonment, within the discretion of the iaunicipal Judge.
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SECTION 9: This ordinance shall be in force and take effect
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immediate) upon its ;e and adoption.
� y p passar
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SEC`fIGIJ 10; A17. or lnances or parts of ordinances and
resolutions or parts of resolutions in conflict herewith hereby
are repealed to the extent of such conflict.
SECTION 11; By unanimous consent of all the commissioners
present, this ordinance has been introduced and read for the first
time and read for tile second and third time ; and passed on all three
readings at this meeting of the City Cotmnission of the City of Dania,
Florida; and has been passed by an unanimous vote of all the com-
missioners present at this meetin„ to-wit; four (4) of the five ( 5)
city commissioners of the City of Dania, one commissioner being absent.
PASSED FIRST READING this 17th day of October, A. D. 1949.
PASSED SECOND READINT this 17th day of October, A. D. 1949.
PASSED THIRD READING this 17th day of October, A. D. 1949.
ayor-ComwissToner r
ATTEST;
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k;lty Certand AUC[itor
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