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Legislation #: 150526 Introduction Date: 6/25/2015
Type: Ordinance Effective Date: none
Sponsor: COUNCILMEMBERS SHARP, REED, TAYLOR, HILL AND WAGNER
Title: Amending Chapter 70, Code of Ordinances, by repealing Sections 70-302, 70-304 and 70-305 relating to operating a vehicle while under the influence of alcohol and enacting in lieu thereof three new sections of like number and subject.

Legislation History
DateMinutesDescription
6/25/2015 Filed by the Clerk's office
6/25/2015 Referred to Public Safety & Emergency Services Committee
7/1/2015 Advance and Do Pass as a Committee Substitute, Debate
7/2/2015 Passed as Substituted

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COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 150526

 

Amending Chapter 70, Code of Ordinances, by repealing Sections 70-302, 70-304 and 70-305 relating to operating a vehicle while under the influence of alcohol and enacting in lieu thereof three new sections of like number and subject.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

 

Section 1. That Chapter 70, Code of Ordinances of the City of Kansas City, Missouri, is hereby amended by repealing Sections 70-302, 70-304 and 70-305 relating to operating a vehicle while under the influence of alcohol and enacting in lieu thereof three new sections of like number and subject, to read as follows:

 

Sec. 70-302. Operation of vehicle by person under the influence of alcohol or drugs.

 

(a) It shall be unlawful for any person who is under the influence of alcohol or drugs to a degree which renders him incapable of safely driving a vehicle to be physically driving or operating any vehicle within this city. The fact that any person charged with a violation of this section is or has been entitled to use a drug under the laws of this state shall not constitute a defense against any charge of violating this section.

 

(b) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while physically driving or operating a vehicle while under the influence of alcohol, the amount of alcohol in the person's blood at the time alleged as shown by chemical analysis of the person's blood, breath, saliva, urine or other bodily substance shall give rise to the following presumptions or create the following prima facie evidence except as provided in Section 70-305:

 

(1) If there was at that time 0.05 percent or less by weight of alcohol in the person's blood, it shall be presumed that the person was not under the influence of alcohol.

 

(2) If there was at that time in excess of 0.05 percent but less than 0.08 percent 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 alcohol, but such fact may be considered with other competent evidence in determining whether the person was under the influence of alcohol.

 

(3) If there was at that time 0.08 percent or more by weight of alcohol in the person's blood, this shall be prima facie evidence that the person was under the influence of alcohol.

 


 

Percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the blood, breath, saliva, urine or other bodily substance. The provisions of subsections (b)(1) through (3) of this section shall not be construed as limiting the introduction of any other competent evidence bearing upon the question of whether the person was under the influence of alcohol. Chemical analyses of the person's blood, breath, saliva, urine or other bodily substance to be considered valid under the provisions of this section shall have been performed according to methods approved by the state department of health and senior services by licensed medical personnel or by an individual possessing a valid permit issued by the state department of health and senior services of the state for this purpose. When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of this section, only a licensed physician, registered nurse or trained medical technician may withdraw blood at the place of such medical professional’s employment for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath, saliva, urine or other bodily substance specimens. The person tested may have a physician or a qualified technician, chemist, registered nurse or other qualified person of his own choosing administer 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.

 

(c) Any person who is found guilty of violating this section shall be punished by imprisonment not to exceed 180 days or by a fine of not less than $250.00 nor more than $1,000.00, or by both such imprisonment and fine.

 

(d) For the purpose of this section, the record kept by the clerk of the court in which the person was convicted, or certified copies of such records, or official records or copies thereof kept by any state, shall be admissible as prima facie evidence of such conviction.

 

Sec. 70-304. Operation of vehicle by person with blood-alcohol content of 0.08

percent or more.

 

(a) It is unlawful for any person to physically drive or operate a vehicle within the city when the person has 0.08 percent or more by weight of alcohol in his or her blood.

 

(b) Upon the trial of any action or proceeding arising out of acts alleged to have been committed by any person while operating a vehicle with a blood-alcohol content of 0.08 percent or more by weight, percent by weight of alcohol in the blood shall be based upon grams of alcohol per 100 milliliters of blood or two hundred ten liters of breath and may be shown by chemical analysis of the person's blood, breath, saliva, urine or other bodily substance.

 

(c) Chemical analyses of the person's blood, breath, saliva, urine or other bodily substance, to be considered valid under the provisions of this section, shall have been performed according to methods approved by the state department of health and senior services by licensed medical personnel or by an individual possessing a valid permit issued by the state department of health and senior services for this purpose.

 

(d) When a person shall submit to a blood test at the request of a law enforcement officer under the provisions of this section, only a licensed physician, registered nurse or trained medical technician may withdraw blood at the place of his employment for the purpose of determining the alcoholic content therein. This limitation shall not apply to the taking of breath, saliva, urine or other bodily substance specimens.

 

(e) The person tested may have a physician, or a qualified technician, chemist, registered nurse or other qualified person of his or her own choosing, administer 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.

 

(f) Any person found guilty of violating this section shall be punished by imprisonment not to exceed 180 days or by a fine of not less than $250.00 nor more than $1,000.00, or by both such imprisonment and fine.

 

Sec. 70-305. Operation of commercial motor vehicle by person with blood-alcohol

content of 0.04 percent or more.

 

(a) No person shall operate a commercial motor vehicle while having an alcohol concentration in his blood, breath, saliva or urine of 0.04 percent or more. As used in this section, the term "commercial motor vehicle" shall mean any motor vehicle designed or used to transport passengers or property if:

 

(1)               The vehicle has a gross combination weight rating of 26,001 or more pounds inclusive of a towed unit with a gross vehicle weight rating of more than 10,000 pounds;

 

(2)               The vehicle has a gross vehicle weight rating of 26,001 or more pounds;

 

(3)               The vehicle is designed to transport more than 15 passengers, including the driver; or

 

(4)               The vehicle is used in the transportation of hazardous materials in a quantity requiring placarding under regulations issued by the secretary of transportation under the Hazardous Materials Transportation Act (49 USC app. 1801-1813).

 

(b) Any person found guilty of violating this section shall be punished by imprisonment not to exceed 180 days or by a fine of not less than $250.00 nor more than $1,000.00, or by both such imprisonment and fine.

 

___________________________________________________

 

Approved as to form and legality:

 

________________________________

Alan L. Holtkamp

Assistant City Attorney