082 of 1987 - Users of Drugs and Intoxicants 0 87-1
0 87-34
SALT LAKE CITY ORDINANCE
No. 82 of 1987
(Users of Drugs and Intoxicants)
AN ORDINANCE AMENDING SECTION 46-6-105 OF THE REVISED
ORDINANCES OF SALT LAKE CITY, UTAH, 1965, AS AMENDED, RELATING TO
USERS OF DRUGS AND INTOXICANTS.
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
intoxicants, be, and the same hereby is amended to read as
follows:
Sec. 46-6-105 . Users of drugs and intoxicants.
(1) (a) It is unlawful and punishable as provided in this
section for any person to operate or be in actual physical
control of a vehicle within this city if the person has a
blood or breath alcohol content of . 080 or greater by
weight as shown by a chemical test given within two hours
after the alleged operation or physical control, or if the
person is under the influence of alcohol or any drug, or
the combined influence of alcohol or any drug to a degree
which renders the person incapable of safely driving a
vehicle within this city.
(b) 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 violating .this section.
( 2) Percent by weight of alcohol in the blood shall be
based upon grams of alcohol per +one hundred+ 100 cubic
centimeters of blood, and the percent by weight alcohol in the
breath shall be based upon grams of alcohol per 210 liters of
breath.
(3) Every person who is convicted the first time of a
violation of subsection (1) of this section shall be guilty of a
Class B misdemeanor .
(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 240 hours, 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 24 hours nor more than 50
hours.
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 :
-2-
(a) a mandatory jail sentence of not less than +4-8+
240 consecutive hours nor more than 720 hours, with
emphasis on serving in the drunk tank or the jail, or
(b) require the person to work in a community-service
work program for not less than 80 hours nor more than 240
hours.
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
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
penalties provided for in subsection (3) , the court shall impose
either:
(a) a mandatory jail sentence of not less than 720
nor more than 2, 160 hours with emphasis on serving in the
drunk tank of the jail, or
(b) require the person to work in community-service
work project for not less than 80 hours nor more than 720
hours. ***
(7)
(8)
(9)
(10)
-3-
n e
SECTION 2. This ordinance shall take effect upon its first
publication.
Passed by the City Council of Salt Lake City, Utah, this
1Oth day of November 1987.
CHA R RSON
ATTEST:
C I 'Y RE 17 bER
Transmitted to the Mayor on November 17, 1987
Mayor ' s action: XX Approved Vetoed.
MAYOR
ATTEST:
CI Y REC ER
(SEAL)
BILL NO. 82 OF 1987
Published: November 26, 1987
CRH: rc
-4-