1958-08Bill No. 1958-8
At'lEND49ENT TO ORDINANCE NO. 6.01
(Traffic Ordinance)
AN ORDINANCE A;~IENDING THAT CERTAIN ORDINANCE NO, 6.01 OF THE VILLAGE
OF RICHFIELD ENTITLED "AN ORDINANCE TO PROI~:OTE AND CONSERVE PUBLIC
SAFETY, HEALTH, PEACE, CONVEPdIENCE AND WELFARE BY REGULATING THE
OPERATION OF VEHICLES A~~7 THE USE OF THE S TRErTS 4F THE VILLAGE, PR3?-
SCRIBING PENALTIES: FOR THE VIOLATION THEREOF,n' PASSED THE 27TH DAY
OF MARCH, 1944, AS SUBSEQUENTLY AMENDED.
The Village Council of the Village of Richf field do ordain as follows:
Section 9 of Ordinance No. b.01 of the Village of Richfield entitled "An
Ordinance to Promote and Conserve Public Safety, Health, Peace, Convenience and
Welfare by RegL?lati.ng the Operation of Vehicles and the Use of the Streets of the
Village, 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. I~fotor Vehicle Drivers Under the Influence of Drugs or Alcoholic
Beverages.
1. It is 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 village:
(a) A person who is under the influence of an alcoholic beverage or nar-
cotic-drug;
(b) A person who is an habitual user of narcotic drugs;
(c) A person who is under the influence of a combination of any tvvo or
more of the elements named in Subsections Ca} and (b) hereof.
2. Upon trial and prosecution arising out of acts alleged to have been com-
mitted by any person arrested for driving, operating, or i_n actual physical control
of a motor vehicle wh i.le under the influence of an alcoholic beverage, the court
may admit evidence of the amount of alcohol in the person's blood taken voluntarily
within two hours of the time of the offense as shown by a medical or chemical anal-
ysis of his breath, blood, urine or saliva.
For the purpose 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 a 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 rele-
vant evidence but ?_t is not to be given as prima fac%e effect in indicating
whether or not the person was under the inf luence of an alcoholic beverage;
(c) evidence that there was at the time 0,15 percent or more by weight of
alcohol in the persons blood may be admitted as prima facie evidence
that tl~e person was under the influence of an alcoholic beverage ,
The foregoing provisions shall not be construed as limiting the introduction
of any other competent evidence bearing upon the ~~estion whether or not such
person was under the influence of an alcoholic beverage.
~%
Amendment to Ordinance No. 6.01 (firaffic Ordinance) Page 2
For the purposes of this section, an "Alcoholic beverage" means any liquid
containing more than one-half of one percent of alcohol by volume.
3. Every person who is convicted of a violation of this section shall be
punished by imprisonment of not less than ten days nor more than 90 days, or by
a fine of not less than $10.00 or more than $100, and his driver's license shall
be revoked for not less than 30 days, except that every person who is convicted
of a violation of this section, when such violation is found to be the proximate
cause of grievous bodily injury or death to another person, shall be punished by
imprisonment for not less than 60 days nor more. than 90 days, and his driver's
license shall be revoked for not less than 90 days.
4. Every person who is convicted of a violation of this section within
three years of any previous conviction under this section shall be punished by
imprisonment for not less than ten days nor more than 90 days, and his driver's
license shall be revoked for not less than 90 days.
5. Whenever a person is charged with a viola±.on of this section within
three years of a previous conviction hereunder,. and he shall forfeit his bail,
it shall be the duty of the prosecuting of ficer to immediately appl}t to the court
for a bench warrant, and thereupon the court shall forthwith issue a warrant for
the arrest of the accused.
i~
Passed by the Village Council of the, Village of Richfield this 26th day of
May, 1958.
~/' / ,
~~/ /,~~/
.~
~= , (.~~~
ruing Keldsen, Mayor
i~_
O, f~'ar~Krer velen, Manager
ATTEST:
,,~~ % ~/
-.Paul H.~Haug~ ; Village Clerk
1 J 4l
Bill No. 1958-$
e Village Council of the Villar,e
Richfield do ordain as follows:
Section 9 of Ordinance No. fi.0'
of the Village of Richfield entitle
"it,n Ordinance to Promote and Con-
serve Public Safety, Health, Peace
Convenience and '~~ elfare Uy R
gulatinl; the Crperation of Vehicle::
and the Us'e of the Streets of the
Village, }?rascribing F'enaltieq fot
the Violation Thereof", De-gsed, the
2ith clay of 1Tarch, 1944 ae subse-
quently atnended is hereby amend
ed to read av follgws:
':Section 9. Motor Vehicle Driven
Tinder the influence of DruKe o~
Alcoholic Peverages.
1. It is unlawful and ;punishably
as provided in this section fyr and
of the follo~tving persons to drive
operate or be in actual physical con
trop of any vehicle within this vii
lake:
(a) A person who is under the
influence of a.n alcoholic bever
age or narcettle di•tty;;
(b} A person who is an habitue
user of narcotic drugs;
(c) A parson who is under the
influence of a cambinatign oY any
two or more oY the elements
named in Subsections (a) and lb)
here.oP.
2. 1'~pon -trial and prosecutior
ari>ing out of acts alleged to have
been committed by any person ar-
rested for driving, operating-, or
in actual iPitysical control of a mo-
tor vehicle while under the itlPtu-
ence of an alcoholic beverage, the
court maY admit evidence of the
amount' of alcohol in the person's
blood taken volltntarily within two
rs of the .time of the offense
howwn by a medical or chemical
Ysta of his, brrath, Ulood, urinz
alive: _
r the purpose oY this subdivi-
~l"ga) evidence that there was at
the time 0.05 percent or less i,y
weight of alcohol in the person's
blood is a prima facie evidence
that such person wa,-9 not under
the influence oY an alcoholic
beverage;
(b) evidence•that there was at
the time more than 0.05 percent
and 'less than .0.15 percent Uy
weight bf alcohol in the person's
Ulood is relevant evidence but it
is not to' be given as prima, facie
effect in indicating whether or
not the .person was under the in-
fluence of an alcoholic 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 waa
under the influetce of an alco-
holic beverage.
The Yoregoing provisions shall
not be construed as limiting the
introduction of any other compe-
tent evidence bearing upon the,
question whether or not such per-
scin was finder the influence of an '
alcoholic beverage.
F'or the urposes of ,this -section,
an ".Alcoholic Ueverag@" means any
liquid containint; more ;than qne-
half oP one percent of alcohol by
volume
s3 E~iry person who is convicted
of i ~ tolatiou of this section shall
be punished by intprlsonment of nut
less than ten days 'nor more than
90 days, or by a Pine oY not less
than $10.00 oi• more than $100, and
his driver's .license shale be' revoked
foi• not less'-than 30'-days, e:ccept
t every person who [~ convicted
a_violation of his ection, when
•h- violation is found to be the .
ximate cause of grievous bodily
ry_ar death to another person.
11 be Punished by ,imprisonment
not. less 'than' 60 days nor more '
than 90 ;days, and his driver's li-
sense shall be revoked for not less
than 90 days. '
4. Every ,person who'. is convicted
of a 'violation of this section 'with-
in -three yeats`of.ang Drevious eon-
viction under this section shall be
Punished by imipriaonment Yot• not '
less 'than ten days nor 'more` than ',
9d days, and his° driver's license
shall be revoked Yor not less than
90 days.-
5; Whenever, a'' person is charged II
AfFidavit of Publication
STATE dF MINNESOTA
COUNTY OF HENNEPIN, ss
Robert A. Biroad, L. R. Farrington, Guy T. Farrington, +beislg duly
sworn, on oath says; t7Ylat he is, and during all the times herein stated
has been, ozle of the pwblishers of the newspaper known as The
Richfield News, and has full knowledge of the facts hereinafter
stated; that for more than gone year prior to the publi~ca~tion therein
of the -..--TraffiC,$~ ~rdlriciriCE;
hereto attached, said newspaper was published in the Vill~a'ge of Rich-
field, in the County of Hennepin, State of Minnesota, on Tlr'ursday of
each week; that during all said time said newspaper has been printed
in the Esilglish language fr'am its office of publication within the Va:l-
lage of Richfield, 'Hennepin ~Cbunty, Minnesota, from which it is issued
as above stated and in newspaper format and in column and sliest
form equivalent in space to at least 450 running inches of single col-
umn, two inches wide; has Ibsen issued as aforesaid once each week
from •a known office established in said place of publioaton and em-
ploying skilled workmen 'and the necessary material for preparing
and printmg the same; that the press work an that .part of the news-
paper devoted fo local news of interest to the commuxlity it purports
to serve has +been done in its known office o'f publication; that during
all said time in its makeup not less than twenty-five percent of its
news columns have been devoted to local news of interest .to -the com-
munity it purports to serve; that during all said time it has not
wholly dwplicated any other publication, and has not 'been entirely
made up of patents, plate matter and advertisements• has (been cir-
culated in and near its said place of publication to tie extent of at
least two hfundred and forty G240) copies regularly delivered to pay-
ing subscribers and has entry as second class matter in its local post-
office; that a copy ~of each issue has been filed with ,ells State Histori-
cal Society, St. Paul; and that there has Ibsen on file in ells 'officei ref the
County Auditor of Hennepin CJounty, Minnesota, the affidavit of a per-
son having knowledge of the facts, showing the name and location of
Said newspaper and the existence of the conditions constituting its
qualifications as a legal newspaper.
That the TRaf f ice----Orc~ l~~r~c e---------------------------------------------------------
hereto attached was cut from the columns of said newspaper, and was
printed and published therein in the English language, once each
week, for -._. ~----------------- successive weeks; that it was first so published
on Thursday, the -------_-.fig--------------------------- day of ----~-y---- - - - - - - 1958;
and thereafter on Thursday of each week to and including the
- - - - -•--•----------------------•-- dal of -----.-...---•------------------------•-------- 1958; and that
the following is a printed copy of the lower case alphabet from A to Z,
both inclusive, and is hereby acknowledged as being the size and kind
of type used in the composition and publication of said notice, to-wit:
grstu
Swbscri+b~ed and sworn `to before me the day of ~:. - 1858
.....- -
r ~C
Notary Public, Hennepin County, Mint=.
My Commission expires ----i~Fotcry Aur• ~-; • ,~~.,... .~.~_~~-~ -~`~•------- 19 .............
MY::a ~r~ .,_. c~_~ :~,:i. ~ , _.. .
iru;:lru.oar:~'r ,ru
OR1)IN9iYC'iF: NO. f1.01
AN OItT~I;`IA..\'f`l; 1MII7N1~711G THA7
OE:R'TA1N oRmTlv.>.NCE NO. 6.OI Dl
THE VIL1.~A,h'G7 OE' RFC;HFIF,LS
ENTITLED "A;~i OR.1~I;vA.NC1. T/.
PH" OM'UTI~. AND C()NSEKVE 1'TTB