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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