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045 of 1983 - Amendment to Sections 46-6-105 and 46-6-106 and deleting sections 46-6-104 and 46-6-110 - Driving u 0 83-30 MiCROFILMED I SALT LAKE CITY ORDINANCE No. 45 of 1983 (Driving Under the Influence) AN ORDINANCE AMENDING SECTIONS 46-6-105 AND 46-6-106 AND DELETING SECTIONS 46-6-104 AND 46-6-110 OF THE REVISED ORDINANCES OF SALT LAKE CITY, UTAH, 1965, RELATING TO DRIVING UNDER THE INFLUENCE CHARGES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Section 46-6-105 of the Revised Ordinances of Salt Lake City , Utah, relating to Users of drugs and intoxi- cants, be, and the same hereby is amended to read as follows : Sec. 46-6-105. Users of drugs and intoxicants. ( 1 ) It is unlawful and punishable as provided in this sec- tion for any person with a blood alcohol content of .08% or greater by weight, or who is under the influence of alcohol or any drug , or the combined influence of alcohol and any drug to a degree which renders the person incapable of safely driving a vehicle, to drive or be in actual physical control of a vehicle within this city. The fact that a person charged with violating this section is or has been legally entitled to use alcohol or a drug does not constitute a defense against any charge of violat- ing this section. ( 2 ) Percent by weight of alcohol in the blood shall be based upon grams of alcohol per one hundred cubic centimeters of blood. ( 3 ) Every person who is convicted the first time of a vio- lation of subsection ( 1 ) of this section shall be punished by imprisonment for not less than 60 days nor more than six months, or by a fine of $299. 00 or by both such fine and imprisonment. ( 4 ) In addition to the penalties provided for in subsection (3 ) above, the court shall, upon a first conviction, impose either: ( a) a mandatory jail sentence of not less than 48 consecutive hours nor more than ten days, with emphasis on serving in the drunk tank of the jail , or (b) require the person to work in a community-service work program for not less than two nor more than ten days. In addition to the requirements of subsection (4 ) (a) or (b) above, the court shall order the person to participate in an assessment and educational series at a licensed alcohol rehabilitation facility, at the person ' s expense. ( 5) Upon a second conviction within five years after a first conviction under this section, in addition to the penalties provided for in subsection ( 3 ) , the court shall impose either: (a) a mandatory jail sentence of not less than 48 consecutive hours nor more than ten days, with emphasis on serving in the drunk tank of the jail, or (b) require the person to work in a community-service work program for not less than ten nor more than 30 days. In addition to the requirements of subsection 5( a) or (b) above, the court shall order the person to participate in an assessment and educational series at a licensed alcohol -2- rehabilitation facility , and the court may, in its discretion, order the person to obtain treatment at the person ' s expense at an alcohol rehabilitation facility. ( 6) Upon a subsequent conviction within five years after a second conviction under this section, in addition to the penal- ties provided for in subsection ( 3 ) , the court shall impose either: ( a) a mandatory jail sentence of not less than 30 nor more than 90 days with emphasis on serving in the drunk tank of the jail , or (b) require the person to work in a community- service work project for not less than 30 nor more than 90 days. In addition to the requirements of subsections 6 ( a) or (b) above, the court shall order the person at the person 's expense to obtain treatment at an alcohol rehabilitation facility. ( 7) In no event shall any combination of imprisonment and/or community service imposed under subsections ( 3) , (4 ) , ( 5) and (6 ) above exceed six months duration. ( 8 ) No portion of any sentence imposed under subsection ( 3 ) shall be suspended, and the convicted person shall not be eligible for parole or probation until such time as any sentence imposed under subsections ( 4 ) , ( 5) or ( 6 ) above has been served. (9 ) (a) When the prosecution agrees to a plea of guilty or no contest to a charge of a violation of Section 46-15-222 of these ordinances in satisfaction of, or as a substitute for, an original charge of a violation of this section, the prosecution shall state for the record a factual basis for the plea, includ- -3- ing whether or not defendant had consumed alcohol or drugs, or a combination of both, in connection with the offense. The prose- cutor's statement shall be an offer of proof of the facts which show whether or not defendant had consumed alcohol or drugs, or a combination of both, in connection with the offense. (b) The court shall advise the defendant, before accepting the plea offered under subsection ( a) above of the consequences of a violation of Section 46-15-222 of these ordinances, in substance as follows : "If the court accepts the defendant ' s plea of guilty or no contest to a charge of violating said Section 222, and the prosecutor states for the record that there was consumption of alcohol or drugs, or a combination of both, by the defendant in connection with the offense, the resulting conviction shall be a prior offense for the purpose of subsections ( 5 ) and ( 6 ) of this section. " ( 10 ) A peace officer may, without a warrant, arrest a person for a violation of this section when: (a) the violation is coupled with an accident or collision in which the person is involved; or (b) the officer has reasonable cause to believe a violation has in fact been committed by the person, although not in the officer 's presence. ( 11 ) This Section 46-6-105 was enacted to be in harmony with and, in substance, the same as Section 41-6-44, Utah Code Annotated , 1953, as amended. -4- SECTION 2 . That Section 46-6-106 of the Revised Ordinances of Salt Lake City, Utah, relating to chemical tests as evidence, be, and the same hereby is amended to read as follows : Sec. 46-6-106. Chemical tests as evidence. ( 1 ) In any action or proceeding in which it is material to prove that a person was driving or in actual physical control of a vehicle while under the influence of alcohol or with a blood alcohol content statutorily prohibited, the results of a chemical test or tests as authorized under Section 41-6-44. 10, Utah Code Anno- tated , 1953, shall be admissible as evidence. ( 2 ) If the chemical test was taken within two hours of the alleged driving or actual physical control, the blood alcohol level of the person shall , at the time of the alleged driving or actual physical control, be presumed to have been not less than the level of the alcohol determined to be in the blood by the chemical test. ( 3 ) If the chemical test was taken more than two hours after the alleged driving or actual physical control, the test result shall be admissible as evidence of the person's blood alcohol level at the time of the alleged driving or actual physi- cal control, but the trier of fact shall determine what weight shall be given to the result of the test. ( 4 ) The foregoing provisions of this section shall not pre- vent a court from receiving otherwise admissible evidence as to a defendant's blood alcohol level, or of other violations of this -5- title, at the time of the alleged driving or actual physical control. ( 5) This Section 46-6-106 was enacted to be in harmony with and in substance the same as Section 41-6-44. 5, Utah Code Annotated , as amended. SECTION 3. That Section 46-6-104 of the Revised Ordinances of Salt Lake City, Utah, be, and the same hereby is REPEALED. SECTION 4. That Section 46-6-110 of the Revised Ordinances of Salt Lake City, Utah, be, and the same hereby is REPEALED. SECTION 5. This ordinance shall take effect upon its first publication. Passed by the City Council of Salt Lake City, Utah, this 12th day of July , 1983. CHAIRMAN / ATTEST: C TY RECORDER Transmitted to Mayor on July 18, 1983 Mayor ' s Action: ---- MAYOR ATTEST: July 18, 1983 iz 7 J J Jar {1f -' (ClRECORDER cm70 (S E A L) -6- BILL 45 of 1983 Published: July 30, 1983 WtJ a Affidavit of Publication STATE OF UTAH, SS. County of Salt Lake SItLT LAKE. ITY bft ORDINANCE L .. . GIeS Z. ....................................................................... tpriv(�1gNU0ndYrg Influence) RM4A�ICE AMENDING SFCTIONS 46-6-M AND 466 1p� DEkeT 4t SECTION&M-6-104 AND 46.6-110 OF THE RLN M D•ODNAryCES'OF 5 Li LAKE CITY, UTAH, 1965' T1NO TO DRIVING UNDER THE INF.LUFNCE CHARGC Being first duly sworn, deposes and says that he is legal Be8 ordained bY the City CeukilbfSalt Lake CIN Utah: advertising clerk of the DESERET NEWS, a daily SECTION 1.That Section 46�,105 of the Reylsod Ordinances [tf-.' tt Lbke,�sl Utah,relatino to,UVrs of tlhOgs'and•intoxi- (except Sunday) newspaper printed in the English ca�be and me same her is an•iended to read as follows: �6is,4nl Users ofdntgs and ln+ozcants: language with general circulation in Utah, and (1) t,is,unla 1 and,�punishable as pro,��(irded,in this section fur aatdrsori"wia^blolaAlcoholcontent'bt (>e%br greater by published in Salt Lake City Salt Lake County, in the weight,,or whb,is under the drfluence of any or any drug,or r the combitfad'1600enCo 4k alcohol and any drug to a degree which State Of Utah. retiders the,persom,ihi:apab •of safely-drivhp a vehicle,tpp,drive or be in aytual physical control of a vehicle within this citY.Tt?e fact that a cthpaYgod,With violating this•section Is or has id 'erne`�ainfitaent'oy�dtaeWcrse o vioati„gthisssectr a drug ion. °"S'i'°'ea That the legal notice of which a copy is attached hereto (2)PercM by:., ei hf;af alcohol in the blood shall be basest upon grams of,�alcoho per one hundred cubic centimeters of blood. • .. . • , . (3)Every person who is convicted the first time of a violation Ordinance No, 45 of 1983 Driving Under the Of subsection (1) of this section shall be punished by imprison- ••••••••••••••••••'••'••'''''• meat for not less than 60 days nor-more than six months,or by a ,fkW,of S2Yy.00or-qv taoth such fine•3nd ImWisWrunent. (4)in addlftontp ttle.Oenahies proY)).detl toF inMdb$ectfon(a) ............J,�tr.���.e ��................................................................................ above;the cour0hatK upon a first convIctidn,rmbOse"either�(a) a mandatory fail sentence of not less than 48 consecutive hours no more than ten days,with rphasis on serving in hie drunk +a oyf tho ialtf(,or(b),,r uira • arson.ta,wo(k in a communi ............................................................................................................... Irr�additienp+o rarttullfss'than two nor n1dje than fen tits 9u ion('4 (a)or(b) above,',the court II'brder t persofl'td; rticippa.e in an ar sessment and educational series at a lice alcoiwl rehabilita- tion facility,at the person's expense. ............................................................................................................... ( *061n flZe yearslaffer a'first conviction under this section,in addition to•the p0iy,,lties provided ttory'fen sentence ce of not less he all i onsecot (a)'a r rmr 5) Upon a`setord'EJpnvfctiah han days, 'for in subsection(3)i the court ah • n 48 consecut vex hours nor_more serving in the drunk tank of the fail,or (b) req ire the person to work ih p'community-service work program for tot less,than ten nor more than 30 days;In was published in said newspaper on......................................... addition to the requirements of subsectidn 5(a)or(W above,the court shall order the person to participate in an assessn*nt and educational series at a licensed alcohol rehabilitation tacilrtY,and the court mar,in its discretion,order the'person to obtain treat- r�ld1• •3a � � mend a+the person's expense at an alcohol,rehabilitation facility.' •••••••••••• f ••••••• (6) Upon a subsequent conviction within five years after a second conviction under this section,In addition to the Penalties Provided for in subsection(3),the court shall impose either: (a) ...................................................... a mandatory fail sentence of not less than 30 nor more than 90 Legal tlsing k 'days with emphasis on serving in the drunk tank of the ioil,or (b)require the person to work in a community-service.work'pro)- act for not less than 30 nor more than 90 days.In addition to ttte requirements of subsections 6(a) or (b) above, the court order the Person at the perso„'s`expense to obtaintreatmenfet an alcohol rehabilitation facility. community service servicevent sImlposed ur011idernso�tiol sp(3)n�nt(5)and/or before me this ................................$ F>............................................ day of (6)above exceed six months duration. (8)No portion of any sentence Imposed under subsection(3) shall be suspended,and the convicted person shall not be eligible A.D.wild sr.ote�se°e go(4)in until (6wahMinbove Ftas been served.ce imposed .............A 19..8.�.. (9) (a)When the prosecution agrees to a plea of guilty or no contest to a charge of a violation of Section 46,15.222 of these ordi- nances in satisfaction of,or as a substitute for,an original charge of a violation of this section,the prosecution shall state for the record a factual basis for the plea,Including'whether or ndt de- fendant had consumed alcohol or drugs,or a combination of both, in connection with the offense.The prosecutor's statement shall be an offer of proof of the facts which show whether or not defen t '.( �.. :.....:.............�.. �.,:....:'tN,J ........ dant had consumed alcohol or drugs,or a combination of both,In if Notary Public connection with the offense.a)frdueso the deaf,heco �the Plea offered ndrVs n(a)abDDvothe consequences of a violation of Section 46.1 of these ordlnances,in substance as follows: "If the court'accepts the defendant's plea of guilty or no contest to a charge of violating said Section 222,and the prose- cutor states for the record that there was consumptlon of alcohol or drugs,or a combination of both,by the defendant in connection with the offense,.the resulting conviction shall be a prior offense for the purpose of suf�sections(5)and'(6)of this section." (10)A peace off car may,without a warrant,arrest a person ' LMARLAR fora violation of this section whan(a)fhe violation is coupled with an accident or collision in which the person is involved;or- has in( the fact bee°rrff'commiffed by the persat alihou�elh not ih the oM ,y .............�. cer's presence. ..............................: .................._ !I ADM-35A I U i+this Section—Iffi was so-ted to be in harmo ty with and,in subst—,1tw same as Seddon 47464.Utah Coda M- 1951,as amerped. S CTION 1.1yT�haf Section 1661PS of 1M Revised Ordinances oo re e,aM fhe�iame herehY is a lal to ii esfallot5 as aYidtvlca, Sec.Kd-706.Cllemkal tests as-Ilene¢.(1)In an, action orOrJtedlltg in a/11N Il fa n1atLYidl ro Prove that a Person was dlivirg or In actual n"kal control o a vehicle while under Me IMluenppee o eleoW or wiM a goad dl uhol Wnknt sfahaa'ily PruhibRifed,Ina resulfa of a chemkal test or lash as authorized Mar Sedlon d1-64.10,Utah COdO Nalelaled,1953,-shall be edmissable as widence. Ilea 0 drlvim bar o MWal 0 cal lost al taMItrot,fins bl000d alcoolslo�euel o7fryhylB�aParWsbnh ps�l�b"'pot the timo of Iha alle9el drivtrp or a lual a1 Nse¢ipr�Adtlolt`rlele rn ed fi bbe inyshaa�er�-blood nnotite nemiwlnie ffl vel bye(athan two hours altar atlllm16586 ei wim adedee lot tfle cersm`ohl��ll f hollVe a1 the lhrie of th all�.god dnnrq or aClgal pllyslWl alcohol but 111e trier o fact sllol determine what wei.W 0.11 be given to Me result o IfgtWt. y p�(4)The touaBoing PrWisians-o Iahl)s sectiM slhsll rqt Prevedl tleferbanl s blootl aalcoho°Inev'seI of of oftr vlolait n thisniik, alike}ImeolMallegcvl dNvlrp ar actual ysicaicgdrol. ,. and in subsfart—BudMlle s 7as Se Iim df�drod.9,Utah CWeArInP �ated,�ae amended oSaliLakoCiN.Uah,byeandthesamo the ebRyy-iREPEALSD SECTION 4.That$action 4sd110 o tho Revsed Ordinances or Salt Lake CiN,Utah,be,old ltle same herCbY is REPEALED. SECTION S.This ordirence Shall take effect coon ifs first Publleathn. Passed by hie CIN Council of Salt Lake CiN,Utah,Mh I day Pf Jul,1903. GRANT MASEY CHAIRMAN AIRMAN ATTEST: CITY ORDERMARS LL CITY RECORDER ansrniRad InMMa—on Jun,I0,1903 m aYa's Action: TED W ILSON A4AYOR ATTEST:July TNR SH ALL CITY RECORDER (SEAL) BLLL B or 1983 Kd Wblist :July 30,1967 C-SI