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HomeMy WebLinkAbout2122 OrdinanceORDINANCE NO. 2122 AN ORDINANCE relating to traffic violations. THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS: Section 1. That Section 10.05.070 of the Pasco Municipal Code be and the same is hereby enacted to read as follows: P.M.C. 10.05.070 DRIVING OR BEING IN ACTUAL PHYSICAL CONTROL OF A VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUG OR WHILE HAVING 0.10% OR MORE BY WEIGHT OF ALCOHOL IN BLOOD. The "Washington Model Traffic Ordinance" is supplemented as follows: It shall be a violation of this code to commit the offenses set forth below. The penalties for these offenses shall be as set forth in Section 10.05.060 for driving while under the influence of intoxicating liquor or drugs and the physical control statute. (1) A person is guilty of driving while under the influence of intoxicating liquor or any drug if he drives a vehicle within the city while: (a) He has 0.10% or more by weight of alcohol in his blood as shown by chemical analysis for his breath, blood, or other bodily substance made under R.C.W. 46.61.506 as now or hereafter amended; or (b) He is under the influence of or affected by intoxicating liquor or any drug; or (c) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with the violation of this subsection is or has been entitled to use such drug under the laws of this or any other state shall not constitute a defense against any charge of violating this subsection. (2) A person is guilty of being in actual physical control of a motor vehicle while under the influence of intoxicating liquor or any drug if he has actual physical control of a motor. vehicle within this city while: '(a) He has 0.10%.or more by weight of alcohol in his blood as shown by chemical analysis of his breath, blood, or other bodily substance made under R.C.W. 46.61.506 as now or hereafter amended; or (b) He is under the influence of or affected by intoxicating liquor or any drug; or -2- (c) He is under the combined influence of or affected by intoxicating liquor and any drug. The fact that any person charged with the violation of this subsection is or has been entitled to use such drug under the laws of this state or any other state shall not constitute a defense of violating this subsection. It shall be an affirmative defense to a violation of this subsection if the defendant proves that he has not operated the motor vehicle at a time just prior to the alleged violation and did not have the intent to operate the motor vehicle at the time of the alleged violation. If the defendant is found in a motor vehicle legally .parked without the key in the ignition and with no other evidence ,tending to show that the motor vehicle had been operated just prior to the alleged offense or that the motor vehicle was about to be operated at the time of -the alleged offense, there shall be a presumption that the defendant did not drive the motor vehicle and did not have the intent to operate the motor vehicle. Section 2. This ordinance shall be in full force and effect upon its passage and publication as required by law. PASSED by the City Council of the City of Pasco this 17 day of December 1979. Chet Bailie, Payor AT 'ells, City Clerk AP ROVED AS TO FORS �I: Vle - d'J" Lam.. . D`ffnis J. De eli e, City Attorney