Minutes 10/22/1974 - Laserfiche WebLink

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2,1 TUESDAY OCTOBER 22, 1974 acceptance of the Planning Commission's report and recommendation thereon, Council called for a duly-advertised public hearing to be conducted at Council's forthcoming November 12th meeting not only on the proposed rezoning of petitioner's property but also on said application for a Special-Use Permit. Upon motion, duly seconded and unanimously carried, Council adopted an ordinance entitled, "An Ordinance Amending Chapter 10, Article III, of the Code of the City of Martinsville, Virginia", as placed on first reading October 8, 1974, and having to do with "Driving While Under the Influence, etc.", effective November 2, 1974, as follows: BE IT ORDAINED by the Council of the City of Martinsville, Virginia, in regular meeting assembled October 22, 1974, that Article III of Chapter 10 of said Code (1971, and as amended) be and is hereby amended, as follows: Section 10-66 is hereby repealed. Section 10-67 is hereby amended to read as follows: Sec. 10-67. Procedures to be followed upon arrest of person for violation of section 10-65. Pursuant to the provisions of section 46.1-188 of the Code of Virginia, as amended, all of the provisions and requirements of sections 18.1-54.1 and 18.1-55.1 of the Code of Virginia (1950), as now stated and as amended from time to time by the General Assembly, are hereby adopted and made a part of this Article as fully as though set out herein, being hereby incorporated by reference herein, and are hereby made applicable within the city in all cases involving a violation of section 10-65 of this Code, except that all fees and costs provided for shall be paid out of the general fund of the treasury of the city and such fees and costs, when taxed as part of the costs of the criminal case, shall be paid into the general fund of the treasury of the City. Section 10-68 is hereby repealed. Section 10-69 is hereby amended to read as follows: Sec. 10-69. Presumptions from alcoholic content of blood.7 In any prosecution for a violation of section 10-65 of this Code, the amount of alcohol in the blood of the accused at the time of the alleged offense, as indicated by a chemical analysis of a sample of the accused's blood or breath to determine the alcoholic content of his blood in accordance with the provisions of section 10-67 of this Code, shall give rise to the following presumptions: