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3rd DRAFT – FEBRUARY MAY 711, 2010 ORDINANCE NUMBER AN EMERGENCY ORDINANCE OF THE MISSOULA CITY COUNCIL AMENDING MISSOULA MUNICIPAL CODE TITLE 10 ENTITLED “VEHICLES AND TRAFFIC” BY ADDING CHAPTER 56 ENTITLED “REFUSAL TO SUBMIT TO BREATH OR BLOOD ALCOHOL AND/OR DRUG TESTS” AND ENACTING SECTIONS 10.56.010 THROUGH 10.56.030. IN ORDER TO ADDRESS THE PUBLIC SAFETY, HEALTH, AND GENERAL WELFARE PROBLEM OF OPERATING OR BEING IN PHYSICAL CONTROL OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS IN AN EMERGENCY FORMAT. THIS MEASURE IS BEING ENACTED AS AN EMERGENCY MEASURE IN AN EFFORT TO MORE TIMELY ADDRESS THE PUBLIC SAFETY HEALTH AND GENERAL WELFARE PROBLEM OF MOTORISTS OPERATING OR BEING IN PHYSICAL CONTROL OF A MOTOR VEHICLE WHILE UNDER THE INFLUENCE OF ALCOHOL AND/OR DRUGS. BE IT ORDAINED BY THE MISSOULA CITY COUNCIL THAT MISSOULA MUNICIPAL CODE TITLE 10, CHAPTER 56, SECTIONS 10.56.010 THROUGH 10.56.030, BE ADDED AS FOLLOWS: Chapter 10.56 REFUSAL TO SUBMIT TO BREATH OR BLOOD ALCOHOL AND/OR DRUG TEST Section 1. 10.56.010 Purpose and Intent. Any person operating or in actual physical control of a motor vehicle while under the influence of alcohol and/or drugs creates a significant risk to public safety, health and general welfare. To help secure public safety, health and general welfare for all persons, the City of Missoula adopts this chapter in an effort to deter persons from engaging in this dangerous activity. This chapter is adopted pursuant to Mont. Code Ann. § 61-12-101 which grants authority and powers to local authorities to regulate the operation of motor vehicles by a person while under the influence of alcohol and/or drugs. This chapter is also adopted pursuant to other provisions of Montana State law allowing municipal governments to regulate traffic upon streets such as Mont. Code Ann. 7-14-4102 and 7-14- 4103 as well as pursuant to the exercise of the City of Missoula’s self-government powers granted by the City of Missoula Charter. Section 2. 10.56.020 Unlawful to refuse to submit to a breath or blood test for alcohol and/or drugs test. It is unlawful and constitutes a misdemeanor offense for any person operating or in actual physical control of a motor vehicle suspected of doing so under the influence of alcohol and/or drugs to refuse to submit to one or more breath or blood alcohol and/or drug tests to detect alcohol and/or drugs requested and designated by any peace officer as defined by Montana State law. Prior to charging a person with a violation of this section a peace officer must inform the person requested to take the designated test that refusing the breath or blood alcohol and/or drug test requested and designated by a peace officer is a misdemeanor offense under Missoula Municipal Code and identify the penalties associated with the offense. If any arrested person refuses to submit to one or more breath or blood alcohol and/or drug tests requested and designated by a peace officer as provided for pursuant to Montana state law, the refused test may not be given. However, the person refusing to submit to any such requested breath or blood alcohol and/or drug tests may be charged with a misdemeanor offense pursuant to this section. Section 3. 10.56.030 Penalties. The penalties for a violation of this chapter are established pursuant to this section. Incarceration in is not a penalty for a violation of this chapter. A person convicted under this chapter shall be subject to fines of:a ---PAGE BREAK--- 3rd DRAFT – FEBRUARY MAY 711, 2010 1. For a first offense a minimum fine of $300.00, no portion of which may be suspended, waived or deferred by the court; and 2. For a second or subsequent offense the maximum fine of $500.00, no portion of which may be suspended, waived or deferred by the court. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The council hereby declares that it would have passed this ordinance and each section subsection, sentence, clause, phrase, and words thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or words have been declared invalid or unconstitutional, and if for any reason this ordinance should be declared invalid or unconstitutional, then the remaining ordinance provisions will be in full force and effect. PASSED by a vote and APPROVED on this of 2010. ATTEST: APPROVED: Martha L. Rehbein, CMC John Engen City Clerk Mayor