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ORD 69-02 AMENDING TRAFFIC ORDINANCECRDINANCE NO. 69 - 2 ORDINANCE AMENDING ORDINANCE NO. 133 AS AMENDED BY ORDINANCE NO. 153 AND ORDINANCE NO. 65-7 KNOWN AS THE TRAFFIC ORDINANCE OF THE TOWN OF WINSLOW BE IT ORDAINED by the Town of Winslow~as follows: The following statutes which were adopted by reference in Ordinance 65-7 are repealed: 46.56 030 46.56 070 46.56 100 46.56 130 46.56 135 46.56 190 46.56 200 46.56210 46.56.220 46.56.230 Section 74 of Ordinance No. 33 is amended to read as follows: Section 74. Statutes adopted. The following statutes are hereby adopted by reference: RCW 46.61.005 46.61.010 46.61 015 46.61 020 46.61 025 46.61 030 46.61 035 46.61 050 46.61 055 46.61 060 46.61 065 46.61 070 4661 075 4661 080 46 61 085 46 61 100 46 61 105 46 61 ll0 46.61 ll5 46.61 120 46.61 125 46.61 130 46.61 135 46.61 140 46.61.145 46.61 150 46.61 155 46.61 160 46.61 180 46.61 185 46.61 190 46.61 195 46.61 200 ~6.61 205 46.61 210 46.61 230 46.61 235 46 61 240 46 61 245 46.61 250 46,61 255 4661 260 4661 265 46 61 270 46 61 290 46 61 295 46 61 300 46.61 305 i RCW 46,61,310 46,61,315 46,61,340 46,61,345 46.61.350 46,61.355 46,61,360 46,61.365 46,61 370 46,61 380 46,61 385 46,61 400 46,61 405 46,61 410 46,61 415 46,61 420 46,61 425 46,61 430 46,61 435 46,61,440 46,61,445 46,61,450 46,61,460 46,6], 465 46,6], 470 46,6], 475 46.61,500 46,61,510 46,61,515 4~ 61,520 46, 61,525 46,61,530 46,61,535 46.61,560 46,61,565 46.61.570 46,61.575 46,61.580 46,61.600 46,61,605 46.61,610 46,61,611 46,61.612 46,61,613 46,61,615 46,61.620 46,61,625 46,61,630 46,6t,635 46.61,640 46 61. 645 46,61. 650 46,61. 655 46.61,660 46 61. 665 46.61,670 46 61,675 46 61,680 46 61,685 46 61,690 46.61.700 46,61,750 46,61,760 46,61.765 46,61,770 46.61,775 46.61,780 -2- ! | Section 74.4 PERSONS OPERATING UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS. It is unlawful for any person who is under the influence of or affected by the use of intoxicating liquor or of any narcotic drug to drive or be in actual physical control of any vehicle or to sit at the steering wheel of any standing or parked vehicle upon the streets or ways open to the public. Any person who operates a motor vehicle upon the streets of this Town shall be deemed to have given consent, subject to the provisions of this section, to a chemical test or tests of his breath or blood for the purpose of determining the alcoholic con- tent of his blood if arrested for any offense where, at the time of the arrest, the arresting officer has reasonable grounds to believe the person had been driving or was in actual physical control of a motor vehicle while under the influence of intoxicating liquor. The test or tests shall be administered at the direction of a law enforcement officer having reasonable grounds to believe the person to have been driving or in actual physical control of a motor vehicle upon the streets of this Town while under the influence of intoxicating liquor. Such officer shall inform the person of his right to refuse the test, and of his right to have additional tests administered by any qualified person of his choosing as provided elsewhere in this section. The officer shall warn the driver that his privilege to drive will be revoked or denied if he refuses to submit to the test. Unless the person to be tested is unconscious, the chemical test administered shall be of his breath only. Any person who is dead, unconscious or who is otherwise in a condition rendering him incapable of refusal, shall be deemed not to have withdrawn the consent provided by this section and the test or tests may be administered, subject to the provisions hereof. If, following his arrest, the person arrested refuses upon the request of a law enforcement officer to submit to a chemical test of his breath, after being informed that his refusal will result in the revocation or denial of his privilege to drive, no test shall be given. The law enforcement officer shall forward to the Department of Motor Vehicles a sworn report that he had reasonable grounds to believe that the arrested person had been driving or was in actual physical control of a motor vehicle upon the streets of this Town while under the influence of intoxicating liquor and that the person has refused to submit to the test upon the request of the law enforcement officer after being informed that such refusal would result in the revocation or denial of his privilege to drive. In any criminal prosecution for a violation of the pro- visisions of this section relating to operating or controlling or sitting at the wheel of a motor vehicle on a street or way open to the public, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of his blood, breath, or other bodily substance shall give rise to the following presumptions: If there was at that time 0.05 per cent or less by weight of alcohol in the person's blood, it shall be presumed that he was not under the influence of intoxicating liquor; -3- | | If there was at that time in excess of 0.05 per cent but less than 0.10 per cent by weight of alcohol in the person's blood, such fact shall not give rise to any presumption that the person was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining whether the person was under the influence of intoxicating liquor~ If there was at that time 0.10 per cent or more by weight of alcohol in the person's blood, it shall be presumed that he was under the influence of intoxicating liquor; Per cent by weight of alcohol in the blood shall be based upon milligrams of alcohol per one hundred cubic centimeters of blood. The foregoing provisions of this section shall not be construed as limiting the introduction of any other com- petent evidence bearing upon the question whether the person was under the influence of intoxicating liquor. Chemical analysis of the person's blood or breath to be considered valid under the provisions of this section shall have been performed according to methods approved by the state toxicologist and by an individual possessing a valid permit issued by the state toxicologist for this purposes. When a blood test is administered in accordance with this section~ the withdrawal of blood for the purpose of determining its alcoholic content may be performed only by a physician, a registered nurse, or a qualified technician. This limitation shall not apply to the taking of breath specimens. The person tested may have a physician, or a qualified technician, chemist, registered nurse, or other qualified person of his own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer. Such additional test or tests shall be administered in the medical facilities of the town Jail, and the equipment, facilities and premises of the Jail shall be made available, upon request by the person tested, for such additional test or tests to be administered. The person administering the additional test shall be permitted, at his option, to use his own equipment for testing and analysis, provided such usage does not require the transportation of the person tested to another location for testing. The person tested shall be permitted reasonable access to the telephone for purposes of arranging the additional tests, but his failure or inability to obtain an additional test shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer. All costs - including expenses incurred by the Town in making its own equipment and facilities available to the person tested - relating to any additional test or tests administered at the option of the person tested shall be borne by the person tested. Upon the request of the person who shall submit to a chemical test or tests at the request of a law enforcement officer, full information concerning the test or tests shall be made available to him or his attorney. -4- | I It is unlawful for any person who is a habitual user 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 of safely driving a vehicle, to drive upon the streets. The fact that any person charged with a violation of this section is or has been entitled to use such drug under the laws of this state shall not constitute a defense against any charge of violating this section. Upon the first conviction for the violation of the provisions of this section the court shall impose a fine of not less than fifty dollars ($50.00) or more than five hundred dollars ($500.00) and not less than five days or more than six months in Jail. Upon second conviction for a violation of the provisions of this section within a period of five years, the court shall impose a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and not less than thirty days or more than six months in Jail~ and neither the fine nor the Jail sentence so imposed shall be suspended. Upon any subsequent conviction for a violation of the provisions of this section within a period of five year~ the court shall impose a fine of not less than one hundred dollars ($100.00) or more than five hundred dollars ($500.00) and not less than thirty days or more than six months in Jail, and neither the fine nor the jail sentence so imposed shall be suspended. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of this ordinance, or the application of the provision to other persons or circumstances is not affected and to that end the provisions of this section are hereby delcared to be severable. PASSED by the Town Council of the Town of Winslow, Washington, and approved by its Mayor this ~,3 day of January, 1969. ATTEST: -5- ! !