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File #: ORD-0138-2008    Version: 1 Name: Amend Code Section 333.01
Type: Ordinance Status: Passed
File created: 7/7/2008 In control: City Council
On agenda: Final action: 7/7/2008
Title: TO AMEND SECTION 333.01, DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE, OF CHAPTER 333, OVI, MISCONDUCT, SPEED, OF THE CODIFIED ORDINANCES OF THE CITY OF GAHANNA; AND TO DECLARE AN EMERGENCY.
Indexes: CODE AMENDMENT, COURT, ORDINANCE
Attachments: 1. Amend Code 333.01.pdf

Title

TO AMEND SECTION 333.01, DRIVING OR PHYSICAL CONTROL WHILE UNDER THE INFLUENCE, OF CHAPTER 333, OVI, MISCONDUCT, SPEED, OF THE CODIFIED ORDINANCES OF THE CITY OF GAHANNA; AND TO DECLARE AN EMERGENCY.

 

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WHEREAS, Senate Bill 209 increased the penalty for OVI offenses and increases the minimum fine from $250 to $325 for a first offense; and

 

WHEREAS, the clerk is now required to send $75 of that fine to a newly established state fund, Indigent Defense Support Fund; and

 

WHEREAS, this bill was signed by the Governor and filed with the Secretary of State and becomes effective on June 26, 2008; and

 

WHEREAS, Council feels it is prudent to change the Gahanna code to coincide with state code; and

 

WHEREAS, it is in the best interest of the City to effect these changes as quickly as possible to closely coincide with the effective date of state law; and all for the preservation of the public peace, health, safety and welfare;

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF GAHANNA, STATE OF OHIO:

 

Section 1.  That Section 333.01, Driving or Physical Control While Under the Influence, of Chapter 333, OVI, Willful Misconduct, Speed, of the Codified Ordinance of the City of Gahanna is hereby amended in accordance with EXHIBIT A, attached hereto and made a part herein.

 

Section 2.  That existing Section 333.01, Driving or Physical Control While Under the Influence, of Chapter 333, OVI, Willful Misconduct, Speed, or any ordinances or parts of ordinances in conflict herewith, are hereby repealed.

 

Section 3.  That, for the reasons set forth in the preamble herein above, this ordinance is declared emergency legislation and shall be in full force and effect immediately upon passage by this Council and on date of signature approval by the Mayor.