HomeMy WebLinkAboutORD.2924.08-20-2001BILL NO. 2001-161
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY
CODE RELATING TO LOWERING THE BLOOD ALCOHOL
CONTENT LEVEL NECESSARY FOR A CONVICTION OF
DRIVING WITH EXCESSIVE BLOOD ALCOHOL CONTENT
FROM .10 TO .08
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 26-350 (a) of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows:
Sec. 26-350. Driving with excessive blood alcohol
content.
(a) A person commits the offense of driving with
excessive blood alcohol content if he operates or
is in actual physical control of a motor vehicle
with ten hundredths of one (1) percent or more by
weight of alcohol in his blood.
is,hereby repealed in its entirety, and a new Section 26-350(a) is
hereby enacted in lieu thereof, in words and figures, reading as
follows:
Sec. 26-350. Driving with excessive blood alcohol
content.
(a) A person commits the offense of driving with
excessive blood alcohol content if he operates or
is in actual physical control of a motor vehicle
with eight hundredths of one (1) percent or more by
weight of alcohol in his blood.
ARTICLE 2. If any section, subsection, sentence, clause,
phrase or portion of this ordinance is for any reason held invalid
or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent
provision and such holding shall not affect the validity of the
remaining portions hereof.
ARTICLE 3. It is the intention of the governing body and it
is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of Ordinances of the City of
Cape Girardeau, Missouri, and the sections of this Code may be
renumbered to accomplish such intention.
ARTICLE 4. This ordinance shall be in full force and effect
on September 29, 2001.
PASSED AND APPROVED THIS ao -11 , DAY OF 20/).
ATTEST:
z .1 Apo
Gayle Conrad, City Clerk