HomeMy WebLinkAboutORD.3012.12-02-2002BILL NO. 02-230
ORDINANCE NO. 3 10 3),
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY
CODE RELATING TO DRIVING WHILE INTOXICATED
AND DRIVING WITH EXCESSIVE BLOOD ALCOHOL
CONTENT
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. Section 26-349 of the Code of Ordinances of the
City of Cape Girardeau, Missouri, reading as follows:
Sec. 26-349. Driving while intoxicated.
A person commits the offense of driving while
intoxicated if that person operates or is in actual
physical control of a motor vehicle while in an
intoxicated or drugged condition.
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:::::5.' ::;:;a:;:;::;:;:z;:;:;t.' :, and a new Section 26-349 i s
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hereby enacted in lieu thereof, in words and figures, to read as
follows:
Sec. 26-349. Driving while intoxicated.
(a) A person commits the offense of driving
while intoxicated if that person drives or
operates a motor vehicle while in an
intoxicated or drugged condition.
(b) As used in subsection (a) of this Section,
the term "drive" or "operate" means
physically driving or operating.
ARTICLE 2. Section 26-350 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 eight hundredths of one
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(1) percent or more by weight of alcohol in
his blood.
(b) Percent by weight of alcohol in the blood
shall be based upon grams of alcohol per one
hundred (100) millileters of blood and may
be shown by chemical analysis of the
person's blood, breath, saliva or urine.
............................... ..............................
:.:.::.::p::.:.::,:.:.:.x and a new Section 26-350 i s
hereby enacted in lieu thereof, in words and figures, to read 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 that
person drives or operates a motor vehicle
with eight hundredths of one (1) percent or
more by weight of alcohol in his blood.
(b) Percent by weight of alcohol in the blood
shall be based upon grams of alcohol per one
hundred (100) millileters of blood and may
be shown by chemical analysis of the
person's blood, breath, saliva or urine.
(c) As used in subsection (a) of this Section,
the term "drive" or "operate" means
physically driving or operating.
ARTICLE 3. 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 4. 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.
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ARTICLE 5. This ordinance shall be in full force and effect
ten days after its passage and approval.
PASSED AND APPROVED THIS y,cY DAY OF �y,�L 20 U
ATTEST:
Gayl L. Conrad
City Clerk
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udtson, Mayor