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1954-6.01
A1~iENDMENT TO ORDINANCE NO.e 6.01 ;~ AN OgDI1~TANCE..~ME1tIDTNG TH~-T CERTAINORDINANCE N0. 6.01 C~' _ __ THE 4ILLf~GE ~ RTC?~FIELD ENTITLED c "AN CRDINaNCE TO PROMOTE • ~ AND' COI~ERVE PTfRTTf. S~FE"IY, HFGTT s.PFACE, COIWENIE.~TCE~.~AID WF~'~EE BY REGIIT~.TTNG THE OPERGtTION ~+' VEHLCI,ES ~iND THE USE OP' THE STREE75..~` THE VILLAGE, PRF~CRIBING PF~Aa~TTFS F~ THE .- . ~" VIOL;@rTION TI~E~'"""PASSED THE 27TH DAY ~' MARCH, ].9It4, AS SUB.~UENTLY -AMENDED. . ` '~ The' Vi]1t~,go ~Gouncil of the ~Vil.Lzge of Richfield do- ordain as~ follows: 1, .That .subsection a. of Secta.on 2 of that certain ordinance No. 6.01 of the Village of _ ~~ heal ~ entitled: "fin Ordinance to Promote and Conserve Pub~a.c Safety, H ealth~ Peace: Convenience and. Welfare by Regv]a~ting the Operation of 'Ve~i.cLes. and the Use of the Streets of the Village, Prescrib- ing Penalties for the Violation Thereof" passed the 27th day of March, 7i.91~., as subsequently amended, be hereby amended .to-read ~as follows "A~ Drunken Driver and Narcotics It is unlazrfa.]. for any person wTio. is.•under the influence of intoxicating liquors-or narcotic drugs to drive•or operate any vehicle within this Vi1la.ge. "T~Jhenever ~ a-ay arson operating a motor vehicle shall. be arrested and charged with driving said vehicle w~.le -under the influence of intoxicating liquor, the officer or person making the arrest may, with the consent of•the arrested persons cause a chemical analysis to be made of the blood, breathy urine, or other bodily substance of the arrested person in order to determine the amount of alcohol then in such person's blood, and in the event of pro- -secution for said violation, the amount of alcohol found in defen- dant' ~ blood at the time of his arrest, as shown by the chemical analysis as aforesaid shall give rise to the following presump- tions "If there was. at the time 0.05 per cent or less by weight of alco- hol in the defendants s blood, it shall be presumed that the defends.., ant was not under the influence~of intoxicating liquor; `~ «If there was at that time in excess of 0,05 per cent but less than 0.15 par cent by weight of alcohol in the defendant's blood, such fact-shall not give rise to any presumption that tdie defend- ant was or was not under the influence of intoxicating liquor, but such fact may be considered wu.th other competent evidence in deter- mining the guilt or innocence of the defendant; "If there was at that time O.15 cohol in the defendantts blood, Pendant was under the influence per cent or more by weight of al- it shall be presumed that-the de- of intoxicating liquor., ii .-i _~ .. / „~ .. au augen~ 1 ge- ZIeT xt waif a~taa~va ~ ~ it tl ~I LEGAL 1~IOTICE AMENDMENT TO Ofli,DINANCE • NO. 6.01 AN ORDINANCE AMENDINC~r THAT GERTAIN ORDINANCE NO. 6.01 OF THE VILLAGE OF RICHFIELD ENTITLED: "AN ORDINANCE TO P R O 1VY O T E "AND CONSERVE PUBLYC SAFE- TY, diEALTH, PEACE, CONVEN- IENCE AND WELFARE BY ARE- GULATING -THE OPERATIOI~T OF VEHICLES AND THE USE; OF THE STi~EETS .OF THE VILLAGE, 1'4tI:5CRIIiINGr PEN- ~ " ALTIES FOK THE VIOLATION ', THEREOF" Pt~ISSEY) TBE 27TII ' DAY OF MARCHx 1~4, AS ' SUBSEQUENTLY AMENDED: Tlie Village Council of the Village of 'Richfield rlo ordain as f~oliaws: i. Thai;:. subsection a. of See- tiori~2 of that certain-ordinance" No. 6:01 of the Viilage of Rich- field entitled: "An ordinance to Promote . and Conserve Public Safety, Health,, Peace, -conveni- ence grid Welfare by Regulating the .Operation . of Vehicles -and the Use• of the Streets of the - Village, Prescribing Penalties for the ,~7iolation Thereof" pas- sed the 27th day of March, 1944,` as subsequently amended, b® hereby amended to xead. as fol- lows "A. Drunken Driver. and Nar- cotics.. It is unlawful. -for any- person who is under the influ- ence of intoxicating Iiquors or narcotic drugs. to drive or op- crate - any vehicle within this Village. "Whenever any Berson oper- ating amotor velvtcle shall be. arrested ~ and charged with driving said vehicle whip un- der the influence of intoxicat- . ~ing liquor, the officer or per- son making .the err@st may, with the consent of th~~`arrest- ed person, cause a chemical analysis to be .made of .the blood, , bieath, urin®, or other bodily substance of the arrest- ed person in order to determine-_ the amount of alcohol :then in such person's blood, .and in the event. of prosecution for said vi- olation, the amount of `alcohol found in .defendant's blood at the tame of his - arrest, as shown 1~y. the chemical analysis as "'aforesaid, _ shall give rise to the following presumptions: "If there was at the tixne OAS per cent or less by weight of alcohol- , in the defendant's blood, it shall be presumed sthat the defendant was not under ___ the influence of intoxicating liquor; ~ "if there was at that time in excess of 0:05 per cent but less than 0.15 per .cent by weight of "' alcohol in` the defendant's blood, such .fact shall _ not give.. rise to any presumption that the de- fondant was ar; was • not and®r the influence of • .intoxicating liquor, but such fact may b® considered with other compe- tent evidence in determining A~'>`IDAVIT OF PUBLICATION STATE OF' MINNESOTA COUNTY Off' S~NNEP~N, ss RObf,~Y''~ ~ BY'O~.d--.,,.. ., being duly sworn, on oath says; that he is, anel during all the ti~:es herein stated has been, one- o~ the publishers of the nerivspape ]mown as The Rich- field News, and has full knatidledga of the facts hereinafter stated; that for zrio~Fe than one year prior to 'the publication therein of the ..,:~.._ ~~endmen~--to-©x~nanee No ~64~ -_ hereto attached, said newspaper was published in the Village of Rich- Held, in the County of Hennepin, i5tate of lv~innesota, on Thursday of each week; that during all said time said newspaper has been printed in the English language from its office of publication wltllin the Village of Richfield, Hennepnz). County, Mixmesota, from which it is issued as above stated and ixi newspaper format and in eolumn_arid sheet form equivalent in space to at least 450 running inches of -single column, two inehees wide; has been issued as aforesaid once each week from a known afHee established in said place of publication and employing skilled workmen and the necessary material for ppreparing and- print- ing the same; that the press work on that part of the newspaper devoted: to local Wows of interest to the community it purports to, serve has been done in its known office of publication; that during all said time in its makeup clot less than twenty-five percent o€ its -news. columns have been devoted to local news of interest to the community it purr ports to sere€; that during all said time it has not wholly duplicated any other publication, and has not been entirely made up of patents, plate matter and advertisements; has been circulated in and near its said piece of _ publication to the extent of at least two hundred and forty (240) copes,regularly delivered to paying subscribers and has entry as seeaxid ~ ass matter in its local postoffiee; and that there has been on file in t e affiee of the County Auditor of Hezu~.epin County, Minnesota, the davit of a person having knowledge of the facts, showing the a and location of said newspaper and the existence of the conditi constituting its qualifications as a legal newspaper. That the .. Amendment. to O;~cllnanee No. _6.Oi_..~ hereto attached vas cut frortn. the colunu3s of said newspaper, and was printed and published therein in th€ EngvLsYi language, once each week, for ...Q31 ~,,,._... successive weeks;: that it .was first so published on. Thursday, the ::. ___10.~htlay of ;:._eT11Y18 ..-----~.,- ..............._ 195 ~.-...-; d that the following is a printed copy of the lower case alphabet from A to bath inclusive, and is hereby acknowledged as being the size and kind of type izsgd in .the eoxnposition and publication of said notice, to-wit: abe opgrstuvwgyz~ Subscribed oriel swo_A ore met of ~ ~~-..195.~ . Notary Public, Fienriepin Courity,lHLinn.__ kVy Commission expires ~ X95 ~ ~;~- ., i ~1 L ~~6 '