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Ordinance 788 - Driving Under the Influence271 ORDINANCE No. 788 AN ORDINANCE TO AMEND ORDINANCE NO. 17-23, KALISPELL CITY CODE; AN ORDINANCE TO PROVIDE FOR THE REGULATION OF PERSONS DRIVING A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF INTOXICATING LIQUOR OR DRUGS; DECLARING AN EMERGENCY AND PROVIDING FOR EFFECTIVE DATE HEREOF" REPEALING CONFLICTING ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AS FOLLOWS: SECTION 1. (a) It shall be unlawful and punishable as provided in paragraph f(d) of this section for any person who is under the influence of intoxicating liquor to drive or be in actual physical control of any motor vehicle upon any street or highway of the city. (b) In any criminal prosecution for violation of paragraph (a) of this section relating to driving a vehicle while under the influence of intoxicating liquor, the amount of alcohol in the defendant's blood at the time alleged as shown by chemical analysis of the defend ant's blood, urine, breath or other bodily substance, shall give rise. to the following presumptions: 1. If there was at that time 0.05 per cent or less by weight of alcohol in the defendant's blood, it shall be presumed that the defend ant was not under the influence of intoxicating liquor. 2. If there was at that time in excess of 0.05 percent but less than 0.10 per cent �Dy weight of alcohol in the defendant's blood, such fact shall not give rise to any presumption that the defendant was or was not under the influence of intoxicating liquor, but such fact may be considered with other competent evidence in determining the guilt or innocence of the defendant. 3. If there was at that time 0.10 per cent or more by weight of alcohol in the defendant's blood, it shall be presumed that the defendant was under the influence of intoxicating liquor. 4. Per cent by weight of alcohol in the blood shall be based upon grams of alcohol per one, hundred (100) cubic centimeters of blood. 5. The preceding provisions of this paragraph shall not be construed.as.limiting the introduction of any other competent evidence bearing upon the question whether or not the defendant was under the influence of intoxicating liquor. (c) It is unlawful and punishable as provided in paragraph (d) of this section for any person who is an habitual user of or under the influence of any narcotic drug or who is under the influence of any other drug to a degree which renders him incapable of safely driving a motor vehicle to drive a motor vehicle within the city. The fact that any person charged with a violation of this paragraph is or has been entitled to use such a drug under the laws of this state shall.not constitute a defense.against any charge of violatingjthis paragraph. (d) Every person who is convicted of a violation of this section shall be punished by imprisonment in the city jail for not more than six months or by a fine of not less than one hundred dollars or more than five hundred dollars or by both such fine and imprisonment. On a second conviction he shall be punished by imprisonment in the city jail for not."less than ten days nor more than six months, to which may be added, at the discretion of the court a fine of not less than three hundred dollars nor more than five hundred dollars. On the third or subsequent conviction he shall be punished by imprisonment for a term of not less than thirty days nor more than one year, to which may be added`at the discretion of the court a fine of not less than five hundred dollars nor more than one thousand dollars. .� l 272 y- SECTION 2. All other sections of the Kalispell City Code in conflict herewith are hereby repealed. SECTION 3. An emergency is hereby declared to exist and this ordinance shall become effective immediately. PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, MONTANA, AND APPROVED BY THE MAYOR, this Gth day of July, 199/71, mayor I, George Beardslee,, City ClerjCitY lispell, Mon na, certify that on the 15thday of July I pos the foregoing ordinancein my office, andChsted for iod of five days, and the foregoing is a true and coordinanc a passed by the City Council. Ci of Kalispell, Montana