HomeMy WebLinkAbout1272 Ordinancer
r, 1
f. S
ORDINANCE N0:'" 1272
AN ORDINANCE.AUTHORIZING THE OPERATION OF A CITY
OWNED AMBULANCE SERVICE.TO SERVE THE CITY OF PASCO
AND IN THE CASE OF EMERGENCY SURROUNDING RURAL
AREAS,
gAND
ATTOO TRANSPORT
TAPPEERgSgONNSNDIN NNEEECD OF ELIMEERGENCY.
ESTKBI�ISHpNG A TIME SLI�iITATION OFOR TTHIS ISERVICE TS' AND
WHEREAS, Commercial ambulance service is no longer
available in the City of Pasco, and there exists a need for
such service, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY. OF PASCO DO ORDAIN AS FOLLOWS:
'.Section 1. The operation of a City owned ambulance service
to serve the City. of Pasco, and in the case of emergencies surrounding
rural areas, and to transport persons in need of emergency hospital
care to hospitals beyond the City limitsis hereby authorized and
established.
-Section 2. The City.shall collect a reasonable fee to be
determined by the City Council from time to time for the use of said
service.
Section 3. The serviceprovided herein shall terminate and
cease effective June 20, 1967.
'Section'4. This Ordinance shall be in full force and effect
after.its.passage and publication as required by law.
PASSED by the City Council and APPROVED as provided by law
this"*218t day of March, 1967.
ATTE T
H.MO E KY, CITY CLERK
APPROVED AS TO FORM:
U <
D. WAYNE CAMPBELL, CITY .ATTORNEY
G.E. CARTER, MAYOR
G to
TO CITY TRAFFIC ORDINANCE To REFLECT "DRIVERS' IMPLIED CONSENT -
��� �� FI�`T O KATION NESTS" IN INITIATIVE MEASURE NO. 242 (CH: 1, LAWS of 1969) .
�P CW 46.20.308 Implied consent - Revocation, etc. for refusal to submit
Nt�y person hoto�chemical tests to determine alcoholic content ooo .
operates a motor vehicle upon the public highways of this state shall be deemed
to have given consent, subject to the provisions of RCW 46.61.506, to a chemical
test or tests of his breath or blood for the purpose of determining the alco-
holic content 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 public highways of this state 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 in RCW 46.61.506. 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 uncon-
scious, the chemical test administered shall be of his breath only.
(2) Any person who is dead, unconscious or who is otherwise in a condi-
tion rendering him incapable of refusal, shall be deemed not to have withdrawn
the consent provided by subsection (1) of this section and the test or tests
may be administered, subject to the provisions of RC47 46.61.5o6.
(3) 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 department of motor
vehicles, upon the receipt of a sworn report of the law enforcement officer
that he had reasonable grounds to believe the arrested person had been driving
or was in actual physical control of a motor vehicle upon the public highways
of this state while under the influence of intoxicating liquor and that the
person had refused to submit to the test upon the request of the law enforce-
ment officer after being informed that such refusal would result in the revo-
cation or denial of his privilege to drive, shall revoke his license or permit
to drive or any nonresident operating privilege. If the person is a resident
without a license or permit to operate a motor vehicle in this state, the
department shall deny to the person the issuance of a license or permit for a
period of six months after the date of the alleged violation, subject to review
as hereinafter provided. (1969 c 1 § 1 (1), (2), and (3) (Initiative Measure
No. 242 § 1 (1), (2), and (3)).]
Rai 46.61.5o6
Evidence - Chemical tests - Information concerning_tests. (1) It is unlairful
for any person who is under the ^influence of or affected by the use of intoxi-
cating liquor or of any narcotic drug to drive or be in actual physical control
of a vehicle within this state.
(2) Upon the trial of any civil or criminal action or proceeding aris-
ing out of acts alleged to have been committed by any person while driving or
in actual physical control of a vehicle while under the influence of intoxicat-
ing liquor, 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:
1
r 3
r
(a) 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.
(b) 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 intoxi-
cating liquor.
(c) 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.
(d) Per cent by weight of alcohol in the blood shall be based upon
milligrams of alcohol per one hundred cubic centimeters of blood.
(e) The foregoing provisions of this section shall not be construed
as limiting the introduction of any other competent evidence bearing upon the
question whether the person was under the influence of intoxicating liquor.
(3) 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 purpose. The state
toxicologist is directed to approve satisfactory techniques or methods to
supervise the examination of individuals to ascertain their qualifications
and competence to conduct such analyses, and to issue permits which shall be
subject to termination or revocation at the discretion of the state toxicologist.
(4) When a blood test is administered under the provisions of RMq 46.-
20.308, the withdrai,ral of blood for the purpose of determining its alcoholic
content may be performed only by a physician, a registered nurse, or a qual-
ified technician. This limitation shall not apply to the taking of breath
specimens.
(5) The person tested may have a physician, or a qualified technician,
chemist, registered nurse, or other qualified person of his own choosing admin-
ister a chemical test or tests in addition to any administered at the direction
of a law enforcement officer. The failure or inability to obtain an additional
test by a person shall not preclude the admission of evidence relating to the
test or tests taken at the direction of a law enforcement officer.
(6) 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 concern-
ing the test or tests shall be made available to him or his attorney. [1969 c
1 § 3 (Initiative Pleasure Ido. 242 § 3).]
2