1966-27Bill No. 1966-27
AMENDMENT TO ORDINANCE ATO.. 6.01
AN ORDINANCE AMENDING SECTION 9 OF THAT CERTAIN ORDINANCE NO.
6.01 OF THE CITY OF RICHFIELD ENTITLED "AN ORDINANCE TO PROMOTE
ANA CONSERVE PLT3LIC SAFETY, HEALTH, PEACE, CONVENIENCE AND
WELFARE BY REGULATING THE OPERATION OF VEHICLES AND THE USE OF
THE STREETS OF THE VILIA GE, PRESCRIBING PENALTIES FOR THE VIO-
LATION THEREOF", PASSED THE 27TH DAY OF MARCH 1944, AS SUBSE-
QUENTLX AMENDED.
CITY OF RICHFIELD DOES ORDA IN:
Section 9 of Ordinance No.. 6.01 of the City of Richf field entitled
"An Ordinance to Promote and Conserve Public Safety, Health, Peace,, Convenience and
T~lelfare by Regulating the Operation of Vehicles and the Use of the Streets of the
Villa ge, Prescribing Penalties for the Violation Thereof ", passed the 27th day of
March 1944, as subsequently amended, is hereby amended to read as follows:
Section 9. Motor Vehicle Drivers Under Influence of Drugs or Alcoholic
Liquors. Subdivision 1. It shall be unlawful and punishable as provided in this
section for any of the following persons to drive, operate or be in actual physical
control of any vehicle within this city::
cotic drug;
(a) A person who is under the influence of an alcoholic beverage or nar-
(b) A person who is an habitual user of narcotic drugs;,
(c) A person who is under the influence of a combination of any two or
more of the elements named in Subsections (a) and (b) hereof.
Subd. 2 Upon the trial of any prosecution aiising out of acts alleged
to have been committed by any person arrested for driving, operating, or in actual
physical control of a motor vehicle while under the influence of an alcoholic beverage,
the court may admit evidence of the amount o~ alcohol in the person's blood taken vol-
untarily or pursuant to Minnesota Statutes S ction 169.123 within two hours 6f the
time of the offense as shown by a medical or chemical analysis of his breath, blood,
urine or saliva.
For the purposes of this subdivision:
(a) evidence that there was at the time 0.05 percent or less by weight of
alcohol in the person's blood is prima facie evidence that such person was not under
the influence of an alcoholic beverage;;
(b) evidence that there was at the time more than 0.05 percent and less
than 0.15 percent by weight of alcohol in the person's blood is relevant evidence but
it is not to be given prima facie effect in indicating whether or not the person was
under the influence of an alcoholic beverage;
1
-2-
Amendment to Ord. Noy. 6.01 continued
Cc) evidence that there was at the time 0.15 percent or more by weight
of alcohol in the person's blood may be admitted as prima. facie :evidence that the
person was under the influence of an alcoholic beverage.
The foregoing provisions shall not be construed as limiting the intro-
duction. of any other competent evidence bearing upon the question whether or not such
person was under the influence of an alcoholic beverage, but the refusal to permit
the taking of specimens for such chemical analysis shall not be admissible in evi-
dence. In the event of a breath, saliva or urine test, the percentages above shall
be increased by 20 percent.
For the purposes of this section, an "a.lcoholic be~~erage" means any liquid
containing more than one-half of one percent of alcohol by volume.
Subd. 3. Every person who is convicted of a violati on of this section
shall be punishable by imprisonment of not less than ten days nc~r more than 90 days„
or by a fine of not less than X10 nor more than $100, and his driiver's license shall
be revoked for not less than 30 days, except that every person who is convicted of a
violation of this section, when such violation is found to be the ,proximate cause of
grievous bodily injury or death to another person, shall be punished by imprisonment
for not less than 60 days nor more than 90 days, and his driver's ]license shall be
revoked for not less than 90 days.
Subd. 4. Every person who is convicted of a violation of this section
within three years of any previous conviction under this section shal'1 be punished by
imprisonment for not less than ten days nor more than 90 days, and hi;3 driver's
license shall be revoked for not less than 90 days.
Subd. 5.. Whenever a person is charged with a violation of t.-his section
within three years of a previous conviction hereunder, and he shall fori`eit his bail,
it shall be the 'duty of the prosecuting officer to immediately apply to the court for
a bench warrant, and thereupon the court shall forthwith issue a warrant for the ar-
rest of the accused.
Passed by the City Council of the City of Richfield this 24th da;v of Octo-
ber, 1966.
Stanley [N. Olson, Mayor
Attest: `p /7
Edward J. oline, Clerk-Treas.
~I
(Official Publication)
BLl No. 1966-27
AMENDMENT TO ORDINANCE
NO. 6.01
AN ORDINANCE AMENDING
SECTION 9 OF TEAT CERTAIN
ORDINANCE NO. 6.01 OF THE
CITY.. OF RICHFIELD ENTI-
TLED "AN ORDINANCE TO PRO-
MOTE AND CONSERVE PUBLIC
SAFETY, HEALTHY PEACE, CON•
AFFIDAYiT OF PUBLICATION VENIENCE AND WELFARE BY
REGULATING THE OPERATION
OF VEHICLES AND THE USE OF
THE STREETS OF THE VIL-
LAGE, PRESCRIBING PENAL-
/~ 1 TIES FOR THE VIOLATION
R ~ C ~ ~ ~ ~ i ~ N ~ ~ S THEREOF", PASSED THE 27TH
DAY OF MARCH 1944, A'S SUB•
SEQUENTLY AMENDED.
CITY OF RICHFIELD DOE S
ORDAIN:
6409 L ndale Avenue So. Richfield, Minnesota section 9 of ordinance No. s.ol
Y of the City of Richfield entitled
"An Ordinance to Promote a n d
Conserve Public Safety, H e a l t h,
Peace, Convenience and Welfare
by Regulating the Operation of
State of Minnesota ~ Vehicles and the Use o'f t h e
$$, Streets of the Village, Prescribing
Penalties for the Violation there-
County of Hennepin of", passed the 27th day of March
1944, as subsequently amended, is
hereby amended to read as fol•
lows
(Section 1l Persons Under In-
fluence of Drugs or Liquor Pro-
hibited From Driving Vehicles. It
L. R. FARRINGTON, being duly sworn, on oath says he is and during all times herein is unlawful and pu~gishable as pro-
stated has been the General Manager of the newspaper known as The Richfield News and has vided in this sectionrfor any per-
full knowledge of the facts herein stated' as follows: (1) Said newspaper is printed in the son who is an habitual user of
narcotic drugs or any person who
English language in newspaper format and in column and sheet form equivalent in printed is' under the influence of intoxi-
space to at least 900 square inches. (2) Said newspaper is a weekly and is distributed at least eating liquor or narcotic drugs to
once each week. (3) Said news aper has 50% of its news columns devoted to news of local drive or operate day vehicle with- ;
P in this village., i
interest to the community which it purports to serve and does not wholly duplicate any other ( (a) Whehever any person op- ~
publication and is not made up entirely of patents, plate matter and advertisements. (4) Said crating or ,driving aay vehicle shall
news a er is circulated in and near the municipality which it ur orts to serve, has at least be arrested aqd charged wit h
P P P P operating o1' d ~iv~ng said vehicle
500 copies regularly delivered to paying subscribers, has an average of at least 75% of its while undpt' t' influence of in-
toxicating~~liquor, he' officer or
total circulation currently paid or no more than three months in arrears and has entry as '
second-class matter in its local post-office. (5) Said newspaper purports to nerve the cif of Person mal~ng tYie • arrest may;
Y with the consent of the arrested
Richfield in the County of Hennepin and it has its known office of issue in the City of person,' cause a chemic8l'' analysis
Richfield in said county, established and open during its regular business hours for the gathering to be made of the b1oo~S;breath,
urine or other. bodily :; fence of
of news, sale of advertisements and sale of subscriptions and maintained by the managing the arrested person- 'der to
officer or persons in its employ and subject to his direction and control during all such determine th smo ohol
regular business hours of the newspaper and business related thereto. (6) Said newspaper files a then in sp~li~ s din
co v of each issue immediately with the State Historical Societ P P the event $f~ee said
p„ y. (7) Said news a er has com- violation, the amo t*ialcohol
plied with all the foregoing conditions for at least two years preceding the day or dates found in defendatt's°', at the
of publication mentioned below. (8) Said newspaper has filed with the Secretary of State of time of arrest; as: sl#t~em by the
chemical analysisr .as.''aforesaid,
Minnesota prior to January 1, 1966 and each January 1 thereafter an affidavit in the form shall give ~ise°~;to the" following
prescribed by the Secretary of State and signed by the publisher of said newspaper and sworn Presumptions:;-c, ,:
to before a notary public stating that the newspaper is a legal newspaper. (If there ttt~s `at the time 0.05
per cent or less by weight of alco-
hol in the defendant's blood, it
shall be Presumed that the de-
J • , ~, y fendant was not under the mflu•'.
]. ; p,~-•2`7 ence of intoxicating liquor;
He further states on oath that the printed' .....""~" .. ' O
• ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ • ~ ~ (If there was at that time in
hereto attached as apart hereof was cut from the columns of said newspaper, and was printed excess of 0.05 per cent but less
4than 0.15 per cent by weight of
alcohol in the defendant's blood,
such fact shall not give rise to
any presumption that the defendant
and published therein in the English language, once each week, for .........'successive weeks; was or was not under. the in-
fluence of intoxicating Ifquor, but
such fact may be considered with
other competent evidence in de-
that it was first so TiurS• 2~+'•)~ ~C~:. ,~h, termining the guilt or innocence
published on the .....:. "-... , day of `........ 19 .`'~ .. of the defendant;
(If there was at that time 0.15
per cent or more by weight of
alcohol in the defendant's blood,
it shall be presumed that the de-
and was thereafter printed and published on every .. ......................... to and including fendant was under the influence
of intoxicating liquor.
(The officer making, such test
shall not be the arresting officer. '
(The foregoing provisions of this
. the .......... day of .. 19 ........ and' that the following is a printed copy sub-section shall .not be construed
of the lower case alphabet from A to Z, both inclusive, and is hereby ac owledged as being as limiting the introduction of any
the size and kind of type used in the com osition and ublication of s no 'c to wit: other competent. evidence bearing
P P upon the question of whether or
abcdef hi'klmno not the defe.~daat was under the
g ~ pgrstuvwxyz influence of intoxicating liquor.
(The refusal of the defendant to
~' permit a chemical analysis to be
made of his blood, breath, urine,
:, or other bodily substance at the
• • • ~ `" - time of his arrest shall not be
General eager admissible in evidence against him
upon trial.)
Section 9. Motor Vehicle Drivers
Under Influence of Drugs or Alco-
~7+ !~~ holic Liquors. Subdivision, 1. It ~
` Subscribed and sworn to before me this ..... 2 t.`'.h d'ay of ........".Cr'..' .............. 19.x`... shall be unlawful and punishabie
as provided in this section for any
of the following persons to drive,
operate or be in actual physical
control of any vehicle within this
.:")...... ; .:-....... city,
^~,, ~ (a) A person who is under the
influence of an alcoholic beverage
~,,/~ ~ or narcotic drug;
(b) A person who is an habitual zt
(/, • ~.. , _ ._ ~~-?~ • • • • , , user of narcotic drugs;
Alice T. Nelson, Nota Public, Hennepin County, Minn. (c) A person who is ender the.
influence of a coa- iRS:tion of .any,
two or mare bt tJte~ts nom-
:. ed in S,ul~$CCtigp~, ~ (b)
hereof. ~^
My Commission Expires ... / ~~ 19~~ . Snbd. 2 Upodde'"fir ti,~of any
prosecution ariding oi~i.off abty al-
leged to hake. Yiteen committed by
such~Vfact shall~not~ giveurise~to
any presumption that the defendant
language, once each week, for .........,-successive weeks; was or was not under the in-
fluence of intoxicating Ifquor, but
such fact may be considered with
other competent evidence in de•
Al' S * the 2?~ ~' day of .......`~ Ct ~ ~~' termining the guilt or innocence
._.,,,,... ....... 19 ...... of the defendant;
(If there was at that time 0.15
per cent or more by weight of
alcohol in the defendant's blood,
it shall be presumed that the de-
shed on every ............................ to and including fendant was under the influence
of intoxicating liquor.
(The officer making such test
shall not be the arresting officer.
(The foregoing provisions of this
19 ........ and'that the following is a printed copy sub-section shall not be construed
o Z, both inclusive, and is hereby ac owledged as being as limiting the introduction of any
other competent evidence bearing
e composition and publication of s ~ no 'c to wit: upon the question of whether or
not the d'efe.~dant was under the
~defghijklmnopgrstuvwxyz influence of intoxicating liquor.
(The refusal of the defendant to
permit a chemical analysis to be
made of his blood, breath, urine,
~ or other bodily. substance at the
..............°...... >... ... .. time of his arrest shall not be
General nager admissible in evidence against him
upon trial.)
Secttoa 9. Motor Vehicle Drivers i
this ..... ~ ' h d'ay of C~' • shall be unlawful and punishable
`.'.. .......`' ................... 19.~?.. ofl he fd awls this bd do~foa v~
operate or begin actual physical
control of any vehicle within this
....::;)..... ;,.:- ....... ......................... city; g
(a) A person who is under the
r°" influence of an alcoholic bevera e
,i~ or narcotic drug; ,_
(b) A person who is an habitual
~y.~--a,.,_ , , .... user o! narcotic drugs; R
(/,+' ~~~' ' ' ' ' (c) A person who, is under the.
Alice S: Nelson, Nota Public, Hennepin County, Minn. influence of a comiliadtioa of any y
two or mare bt the #fl~ments nam-
ed In Sul~sectlO;tYi'a~Jdbt, ~,$~tl~' (b)
~ hereof = t# ~:'
M Commission Expires ....... Snbd 2.: Upua'ilg6e °of any
y / ...'~~ 19~~ . prosecution seising out oftadty al-
leged to bevy. p .committed. by
operating or m accnaa aysaca~
control o>E a motor vehic a while
under the influence oP an alcoholic
beverage, the court may admit
evidence of the amount of alcohol
in the person's blood taken volun-
tarily or pursuant to Minnesota
Statutes Section 169.123 within two
hours of the time of the offense
as shown by a medical or chemi-
cal analysis of his breath, blood,
urine or saliva.
For the purposes of this subdi-
vision:
(a) evidence that there was at
the time 0.05 percent or less by
weight of alcohol in the person's
blood is prima facie evidence that
such person was not under the in-
fluence of an alcoholic beverage;
(b) evidence that there was at
the time more than 0.05 percent
and less than 0.15 percent by
weight of alcohol in the person's
blood is relevant evidence but it is
not to be given prima facie ef-
fect in indicating whether or not
the person was under the influence
of an a~coholic beverage;
(c) evidence that there was at
the time 0.15 percent or more by
weight of alcohol in the person's
blood may be admitted as prima
facie evidence that the person was
under the influence of an alco-
holic beverage.
The foregoing provisions shall
not be construed as limiting the
introduction of any other compe-
tent evidence bearing upon the
questian whether or not such per-
son was under the influence of an
for such ,chemical analysis sfiall
not be admissible in evidence. In
the event oP a breath, saliva or
urine test, the percentages above
chap be increased by 20 percent,