6
for any crime wherein he is temporarily permitted to go at large without guard,
he purposely fails to return to confinement when he is required to do so.
This section does not apply to persons who are free on bond, bail or
recognizance, personal or otherwise, nor to persons who are on probation or
parole, temporary or otherwise.
Failure to return to confinement is a Class C misdemeanor.
Section 20: Contributing to Delinquency of Child Penalty
When in all cases where any child shall be a delinquent child as defined by
the statutes of this state, the parent or parents, legal guardian, or person
having custody of such child or any other person responsible for or by any act
encouraging, causing or contributing to the delinquency of such child shall be
guilty of a misdemeanor and upon trial and conviction thereof, shall be fined
a sum not exceeding $500.00 or imprisoned for a period not exceeding ninety
(90) days or by both such fine and imprisonment. The court may impose
conditions upon any person found guilty under this section and so long as
such person shall comply therewith to the satisfaction of the court, the
sentence imposed may be suspended. A delinquent child is one who is under
the age of 17 years.
Contributing to the Delinquency of Child is a Class B misdemeanor. Section
21: Littering
A person commits the crime of littering if he throws or places, or causes to be
thrown or placed, any glass, glass bottles, wire, nails, tacks, hedge, cans,
garbage, trash, refuse, rubbish of any kind, nature or description on the right-of-way of any public road or state highway or on or in any of the waters of this
city or on the banks of any stream, or on any land or water owned, operated
or leased by the city, any board, department, agency or commission thereof
or on any land or water owned, operated or leased by the federal government
or on any private real property owned by another without his consent.
Littering is a Class A Misdemeanor.
Section 22: Person Operating Vehicle While Under Sixteen Years of Age
No person under the age of sixteen years shall operate a motor vehicle on
the highways of this city.
Operation of a vehicle by a person under the age of sixteen years is a Class
B misdemeanor.
Section 23.1: General Provision
A person commits the crime of abandonment of an airtight icebox if he
abandons, discards, or knowingly permits to remain on premises under his
control, in a place accessible to children, any abandoned or discarded
icebox, refrigerator, or other airtight or semi-airtight container which has a
capacity of one and one-half cubic feet or more and an opening of fifty
square inches or more and which has a door or lid equipped with hinge, latch
or other fastening device capable of securing such door or lid, without
rendering such equipment harmless to human life by removing such hinges,
latches, or other hardware which may cause a person to be confined therein.
Abandonment of airtight or semi-airtight containers is a Class B
misdemeanor. Section 23.2: Dealer. Warehouseman. Repairman. Exempt
This does not apply to an icebox, refrigerator, or other airtight or Semi-airtight
container located in that part of a building occupied by a dealer,
warehouseman or repairman.
Section 23.3: Burden of Injecting
The defendant shall have the burden of injecting the issue under Section
23.2
Section 24: Malicious Killing. Wounding. or Torturing Dumb Animals Penalty
Any person who cruelly, in a willful and malicious manner, kills, maims,
wounds, beats, or tortures any animal or other nonhuman living creature is
guilty of a misdemeanor and, upon conviction, shall be punished by
confinement in the county jail for not more than three months, or by a fine of
fifty dollars, or by both such fine and confinement; except that, the provisions
of this section shall not be construed to prevent or interfere with taking of
animals or other nonhuman living creatures, or with the destruction of
household or garden pests or creatures which have an adverse effect on the
public health.
The malicious killing, wounding or torturing of dumb animals is a Class A
misdemeanor. Section 25: Open Excavations
No person, firm or Corporation shall have, keep or maintain any wells,
cistern, vaults, cellar door or any other excavation open or exposed whereby
same shall endanger other persons unless well, cistern, vault, cellar doors or
other excavation is covered sufficiently to prevent someone from falling into
same, or a proper latch attached thereto.
Violation of this section is a Class B misdemeanor.
No person other than one duly authorized by the owner shall climb upon any
telephone or telegraph or electric light post now or hereafter located in the
City of Browning or in any way, either molest or interfere with such poles or
wires thereon or connected therewith.
Violation of this section is a Class B misdemeanor.
Section 27: Curfew for Minors
A. It shall be unlawful for any child under the age of 16 years to be
on the streets, alleys or in public places in the City of Browning,
Missouri unless accompanied by a parent or guardian between
the following hours: On Sunday through Thursday nights between
11:00 p.m. and Sunrise: On Friday and Saturday nights between
the hours 12:30 a.m. and Sunrise. However, if due to school
activities which run longer than the designated hours, the time for
the child to be off the streets shall be 30 minutes after the
termination of the activity.
B. It shall be unlawful for any parent or guardian to permit any child
of such parents or under guardianship to be on the streets, alleys
or in public places in the City of Browning, Missouri, between the
hours prohibited under Section A unless in the company of a
parent or legally appointed guardian.
1. Any child violating the provisions of this ordinance shall be taken
into custody by any law officer, who shall immediately call the
parents or guardian to come and get the child; should the parents
or guardians fail to get the child within 30 minutes after such
notification, the child shall be turned over to the juvenile
authorities as a neglected child. For the second and further
offenses, the parents or guardian need not be called but the child
shall be delivered to the juvenile authorities as a neglected child.
2. Any parent or guardian violating Section B of this ordinance or
failing to get a child within 30 minutes after having been notified
by the officers shall be deemed guilty of a misdemeanor and be
fined not less than $5.00 and not more than $100.00 or
sentenced to jail for a term not to exceed 60 days or by both fine
and imprisonment. Each violation of this ordinance shall be
deemed a separate offense and each child violating the terms of
this section shall be deemed a separate offense.
Section 28: Attempt
A person is guilty of attempt to commit an offense when, with the purpose of
committing the offense, he does any act which is a substantial step towards
the commission of the
offense. A "substantial step" is conduct which is strongly corroborative of the
firmness of the actors purpose to complete the commission of the offense.
It is no defense to a prosecution under this section that the offense
attempted was, under the actual attendant circumstances, factually or legally
impossible of commission, if such offense could have been committed had
the attendant circumstances been as the actor believed them to be.
Unless otherwise provided, an attempt to commit an offense is a Class C
misdemeanor if the offense attempted was a misdemeanor.
Section 29: Conspiracy
Section 29.1: General Provisions
A person is guilty of conspiracy with another person or persons to commit an
offense if, with the purposes of promoting or facilitating its commission he
agrees with such other person or persons that they or one or more of them
will engage in conduct which constitutes such offense.
If a person guilty of conspiracy knows that a person with whom he conspires
to commit an offense has conspired with another person or persons to
commit the same offense, he is guilty of conspiring with such other person or
persons to commit such offense, whether or not he knows their identity.
If a person conspires to commit a number of offenses, he is guilty of only
one conspiracy so long as such multiple offenses are the object of the same
agreement.
No person may be convicted of conspiracy to commit an offense unless an
overt act in pursuit of such conspiracy is alleged and proved to have been
done by him or by a person with whom he conspired.
Section 29.2: Renunciation
No one shall be convicted of conspiracy if, after conspiring to commit the
offense, he prevented the accomplishment of the objectives of the
conspiracy under circumstances manifesting a renunciation of his criminal
purpose.
Section 29.3: Time Limitations
For the purpose of time limitations on prosecutions:
1. Conspiracy is a continuing course of conduct which terminates
when the offense or offenses which are its object are committed
or the agreement that
they be committed is abandoned by the defendant and by those
with whom he conspires.
2. If an individual abandons the agreement, the conspiracy is
terminated as to him only if he advises those with whom he has
conspired of his abandonment or he informs the law enforcement
authorities of the existence of the conspiracy and of his
participation in it.
Section 29.4:
A person may not be charged, convicted or sentenced on the basis of the
same course of conduct of both the actual commission of an offense and a
conspiracy to commit that offense.
Section 29.5:
Unless otherwise provided, a conspiracy to commit an offense is a Class C
misdemeanor
if the object of the conspiracy is a misdemeanor of any degree or an
infraction. Section 30: Open Beer or Liquor Container
A person commits the offense of transporting an open beer or liquor
container if a container of nonintoxicating beer, malt liquor, or intoxicating
liquor (as these terms are defined in Section 31 of this code) is found to be
open (that is available for ready consumption) within a vehicle which that
person has under his control or in which that person is a passenger. Violation
of this section shall be deemed a Class C misdemeanor.
Section 31: Liquor Definitions
The phrase "nonintoxicating beer" as used in this code shall be construed to
refer to and to mean any beer manufactured from pure hops or pure extract
of hops, and pure barley malt or other wholesome grains or cereals, and
wholesome yeast and pure water, and free form all harmful substances,
preservatives and adulterants, and having an alcoholic content of more than
one-half of one percent by volume and not exceeding three and two-tenths
percent by weight.
The term "intoxicating liquor" as used in this code, shall mean and include
alcohol for beverage purposes, alcoholic, spirituous, vinous, fermented, malt
or other liquors, or combinations of liquors, a part of which is spirituous,
vinous, or fermented, and all preparations or mixtures for beverage
purposes, containing in excess of three and twotenths per cent of alcohol by
weight.
Section 32.1: Public Drinking or Consumption
A person commits the offense of public drinking or consumption if such
person drinks or consumes any intoxicating liquor or nonintoxicating beer in
or upon any street, sidewalk, or alley or in any other public place within the
city.
Section 32.2: Public Possession
A person commits the offense of public possession if such person possesses
or exercises control over an opened can, bottle, keg or other container
designed or modified to contain liquid, including cups and glasses, of any
intoxicating liquor or nonintoxicating beer in or upon any street, sidewalk, or
alley or in any other public place within the city.
Section 32.3: Drinking. Consumption or Possession Licensed
Establishment Exempt
This section shall not apply to drinking, consuming or possessing any
intoxicating liquor or nonintoxicating beer, lawfully, sold, in a place licensed to
sell the same for consumption on the premises where sold.
Section 32.4: Burden of Injecting
The Defendant shall have the burden of injecting the issue under Section
32.3.
Section 32.5: Penalty for Violations
Violation of any of the provisions of sections 32.1 through 32.4 of this
ordinance shall be deemed a Class B misdemeanor.
Section 33: Depositing Bodily Substance in Public
It shall be unlawful for any person to deposit, place, or leave on any public or
private property bodily substances such as, but not limited to, urine, feces,
contaminated blood or other infectious bodily fluid. This does not include the
depositing, placing, or leaving the bodily substance in a manner and in such
a way that is legal or otherwise conforms to commonly accepted health
standards. Violation of this section shall be deemed a Class B misdemeanor.
Section 34: Sale of Intoxicating Liquor to a Minor
Any licensee or his employee, who shall sell, vend, give away or otherwise
supply any intoxicating liquor in any quantity whatsoever to any person under
the age of twenty-one
years, or to any person intoxicated or appearing to be in a state of
intoxication, or to a habitual drunkard, and any person whomsoever except
his or her parent or guardian who shall procure for, sell, give away or
otherwise supply intoxicating liquor to any person under the age of twenty-one years, or to any intoxicated person or any person appearing to be in a
state of intoxication, or to a habitual drunkard, shall be deemed guilty of a
misdemeanor; provided however, that this section shall not apply to the
supplying of intoxicating liquor to a person under the age of twenty-one years
for medical purposes only, or to the administering of said intoxicating liquor to
any person by a duly licensed physician.
The sale of intoxicating liquor to a minor shall be a Class A misdemeanor.
Section 35: Misrepresentation of Age by Minor to Obtain Liquor
Any person of the age of seventeen years and under the age of twenty-one
years who shall represent that he or she has attained the age of twenty-one
years for the purpose of purchasing, asking for or in anyway receiving
intoxicating liquor, except in cases authorized by law, shall upon conviction
be deemed guilty of a misdemeanor.
Any person under the age of seventeen years who represents that he or she
has attained the age of twenty-one years for the purpose of purchasing,
asking for or in anyway receiving any intoxicating liquor, except in cases
authorized by law, may be considered a neglected child and shall be dealt
with in accordance with the provisions of section 27 of this ordinance.
Misrepresentation of age by a minor to obtain liquor shall be a Class A
misdemeanor. Section 36: Purchase or Possession by Minor. A
Misdemeanor
Any person under the age of twenty-one years, who purchases or attempts to
purchase, or has in his possession, any intoxicating liquor as defined in
Section 31, is guilty of a Class A misdemeanor.
Section 37: Sale of Nonintoxicating Beer to Certain Persons Prohibited
No person or his employee shall sell or supply nonintoxicating beer or permit
same to be sold or supplied to a habitual drunkard or to any person who is
under or apparently under the influence of alcoholic beverages.
Nonintoxicating beer shall not be given, sold or otherwise supplied to any
person under the age of twenty-one years, but this shall not apply to the
supplying of nonintoxicating beer to a person under said age for medicinal
purposes only, or by the parent or guardian of such person or to the
administering of said intoxicating beer to said person by a physician.
Violation of this section is a Class A misdemeanor.
Any person under the age of twenty-one years, who purchases or attempts to
purchase, or has in his possession, any non intoxicating beer as defined in
Section 31, is guilty of a Class A misdemeanor.
Section 39: Misrepresentation of Age By Minor to Obtain Beer
Any person of the age of seventeen years and under the age of twenty-one
years who represents that he has attained the age of twenty-one for the
purpose of purchasing, asking for or in any way receiving nonintoxicating
beer, shall, upon conviction be deemed guilty of a Class A misdemeanor.
Any person under the age of seventeen years who represents that he has
attained the age of twenty-one years for the purpose of purchasing, asking
for or in any way receiving nonintoxicating beer, except in cases authorized
by law, may be considered a neglected child and shall be dealt with in
accordance with the provision of section 27 of this ordinance.
Section 40: Driving While Intoxicated
A person commits the crime of "driving while intoxicated" if he operates a
motor vehicle while in an intoxicated or drugged condition.
Driving while intoxicated is for the first offense, a Class B misdemeanor. No
person convicted of or pleading guilty to the offense of driving while
intoxicated shall be granted a suspended imposition of sentence for such
offense, unless such person shall be placed on probation for a minimum of
two years.
Section 41: Driving With Excessive Blood Alcohol Content
A person commits the crime of "driving with excessive blood alcohol content"
if he operates
a motor vehicle in this city with ten-hundredths of one-percent or more by
weight of alcohol
in his blood.
As used in this section, percent by weight of alcohol in the blood shall be
based upon grams of alcohol per one hundred milliliters of blood and may be
shown by chemical analysis of the persons blood, breath, saliva or urine. For
the purposes of determining the alcohol content of a persons blood under
this section, the test shall be conducted in accordance with the provisions of
Section 43.
For the first offense, driving with excessive blood alcohol content is a Class C
misdemeanor.
Section 42.1: Definitions of "Drive". "Driving". "Operates". or "Operating"
As used in sections 40 through 47, the term "drive","driving", "operates" or
"operating" means physically driving or operating or being in actual physical
control of a motor vehicle. Section 42.2: Definition of Intoxicated Condition
As used in sections 40 through 47, a person is in an "intoxicated condition"
when he is under the influence of alcohol, a controlled substance, or drugs or
any combination thereof. Section 43: Breath Test for Determining Alcoholic
Content of Blood
Section 43.1: When Consent Deemed Given
Any person who operates a motor vehicle shall be deemed to have given
consent to, subject to the provisions of Section 43.2, a chemical test or tests
of his breath, blood, saliva or urine for the purpose of determining the alcohol
or drug content of his blood if arrested for any offense arising out of acts
which the arresting officer had reasonable grounds to believe were
committed while the person was driving a motor vehicle while in an
intoxicated condition. The test shall be administered at the direction of the
arresting law enforcement officer whenever the person has been arrested for
the offense.
Section 43.2: Number of Tests
The implied consent to submit to the chemical tests listed in 43.1 shall be
limited to not more than two such tests arising from the same arrest, incident
or charge.
Section 43.3: Method
Chemical analysis of the persons breath, blood, saliva, or urine to be
considered valid under the provisions of sections 40 through 47 shall be
performed according to the methods approved by the State Division of Health
by licensed medical personnel or by a person possessing a valid permit
issued by the State Division of Health for this purpose.
Section 43.4: Approval of Equipment
The State Division of Health shall approve satisfactory techniques, devices,
equipment, or methods to be considered valid under the provisions of
sections 40 through 47 and shall establish standards to ascertain the
qualifications and competence of individuals to conduct analyses and to
issue permits which shall be subject to termination or revocation by the State
Division of Health.
The person tested may have a physician, or a qualified technician, chemist,
registered nurse, or other qualified person of his own choosing and at his
expense administer a test 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
taken at the direction of a law enforcement officer.
Section 43.6: Information Available
Upon the request of the person who is tested, full information concerning the
test shall be made available to him.
Section 44: Driving While Intoxicated or With Excessive Blood
Alcohol Content. Second and Subsequent Offenses
Any person convicted of violating the provisions of Section 40 or 41 for the
second or subsequent offenses or for violating the provisions of Section 40
or 41 after previously having been convicted of a violation of the provisions of
one or more of the other of such section shall be guilty of:
1. For the second offense or for a first offense after a previous
conviction of one of the other of such sections if such subsequent
offense is committed within ten years after the first offense or the
previous offense, a Class A misdemeanor. No court shall
suspend the imposition of sentence as to a second or
subsequent offender under this section nor sentence such
person to pay a fine in lieu of a term of imprisonment, Section
40.2 of Ordinance No. 233, to the contrary notwithstanding, nor
shall such person be eligible for probation until he has served a
minimum of forty-eight consecutive hours imprisonment, at the
offenders expense. A second offense or a first offense after a
previous conviction of one of the other of such section which
occurs more than ten years after the previous offense shall be
treated as a first conviction;
2. Evidence of prior convictions shall be heard and determined by
the trial court out of the hearing of the jury prior to the submission
of the case to the jury, and shall include but not be limited to
evidence of convictions received by a search of the records of
the Missouri uniform law enforcement system maintained by the
Missouri State Highway Patrol. After hearing the evidence, the
court shall enter its findings thereon. A conviction of a violation of
a municipal or county ordinance in a county or municipal court for
driving while intoxicated where the defendant was represented by
counsel or a conviction or a plea of guilty or a finding of guilty
followed by a suspended
imposition of sentence, suspended execution of sentence,
probation or parole or any combination thereof shall be treated as
a prior conviction.
Section 45: Chemical Tests. Results. Valid. When Division of
Health to Approve Methods and Devices and Establish
Standards
Chemical tests of the persons breath, blood, saliva, or urine to be
considered valid under the provisions of Section 40 through 47 shall be
performed according to methods and devices approved by the State Division
of Health by licensed medical personnel or by a person possessing a valid
permit issued by the State Division of Health for this purpose.
The State Division of Health shall approve satisfactory techniques, devices,
equipment, or methods to conduct tests required by state statutes and code
and shall establish standards as to the qualifications and competence of
individuals to conduct analyses and to issue permits which shall be subject to
termination or revocation by the State Division of Health.
Section 46: Chemical Tests. How Made. By Whom. When Person Tested to Receive Certain Information. When
A licensed physician, registered nurse or trained medical technician at the
place of his employment, acting at the request and direction of the law
enforcement officer, shall withdraw blood for the purpose of determining the
alcohol content of the blood, unless such medical personnel, in his good faith
medical judgment, believes such procedure would endanger the life or health
of the person in custody. Blood may be withdrawn only by such medical
personnel, but such restriction shall not apply to the taking of a breath test, a
saliva specimen, or a urine specimen. In withdrawing blood for the purpose
of determining the alcohol content thereof, only a previously unused and
sterile needle and sterile vessel shall be utilized and the withdrawal shall
otherwise be in strict accord with cleansing the skin prior to venepuncture.
Upon the request of the person who is tested, full information concerning the
test taken at the direction of the law enforcement officer shall be made
available to him.
Section 47: Persons Administering Tests Not Liable. When
No person who administers any test pursuant to the provisions of state
statutes, upon the request of a law enforcement officer, no hospital in or with
which such test is administered, and no other person, firm, or corporation by
whom or with which such person is employed or is in any way associated,
shall be civilly liable in damages to the person tested unless for gross
negligence or by willful or wanton act or omission.
Section 48: Inability of Person to be Tested to Refuse. Effect
Any person who is dead, unconscious or who is otherwise in a condition
rendering him incapable of refusing to take a test as provided in sections 40
to 47 shall be deemed not
to have withdrawn the consent provided by Section 43 and the test or tests
may be administered.
Section 49: Chemical Tests. Results Admitted into Evidence. When Effect of
Section 49.1: Admission of Chemical Test Results Into Evidence
Upon the trial of any person for violation of any of the provisions of Section
40 or 41, or upon the trial of any criminal action or violations of municipal
ordinances arising out of acts alleged to have been committed by any person
while driving a motor vehicle while in an intoxicated condition, the amount of
alcohol in the persons blood at the time of the act alleged as shown by
chemical analysis of the persons blood, breath, saliva or urine is admissible
in evidence. Such evidence shall be given the following effect and the
provisions of subdivision (5) of Section 491.060 to the Revised Statutes of
Missouri shall not prevent the admissibility or introducing of such evidence if
otherwise admissible:
1. If there was five-hundredths of one percent or less by weight of
alcohol in his blood, it shall be presumed that the person was not
intoxicated at the time the specimen was obtained.
2. If there was five-hundredths of one percent but less than ten-hundredths of one percent by weight of alcohol in his blood, the
facts shall not give rise to any presumption that the person was
or was not intoxicated, but the fact may be considered with other
competent evidence in determining whether the person was
intoxicated.
3. If there was ten-hundredths of one percent or more by weight of
alcohol in the persons blood, this shall be prima facie evidence
that the person was intoxicated at the time the specimen was
taken.
Percent by weight of alcohol in the blood shall be based upon grams of
alcohol per one hundred milliliters of blood.
The foregoing provisions of this section shall not be construed as limiting the
introduction of any other competent evidence bearing upon the question
whether the person was intoxicated.
Section 49.2: Presumption
A chemical analysis of a persons breath, blood, saliva or urine, in order to
give rise to the presumption or to have the effect provided for in Subsection
49.1 shall have been performed as provided in sections 43 to 47 and in
accordance with methods and standards approved by the State Division of
Health.
An arrest without a warrant by a law enforcement officer, including a
uniformed member of the State Highway Patrol, for a violation of Section 40
and 41 is lawful whenever the arresting officer has reasonable grounds to
believe that the person to be arrested has violated the section, whether or not
the violation occurred in the presence of the arresting officer; provided,
however, that any such arrest without warrant must be made within one and
one-half hours after such claimed violation occurred.
Section 51: Refusal to Submit to Chemical Test Revocation of License
If a person under arrest refused upon the request of the arresting officer to
submit to a chemical test, which request shall include the reason of the
officer for requesting the person to submit to a test and which also shall
inform that person that his license may be revoked upon his refusal to take
the test, then none shall be given. In this event, the arresting officer, if he so
believes, shall make a swom report to the director of revenue that he has
reasonable grounds to believe that the arrested person was driving a motor
vehicle while in an intoxicated condition and that, on his request, refused to
submit to the test.
Section 52: Traffic Offender Program. Court May Order Participation In.
When
Upon a plea of guilty or a finding of guilty for a first offense of violating the
provisions of Section 40 or 41 the court may, as a condition for suspending
any permissible portion of any sentence or in addition to imposition of any
penalties provided by law, Section 44 to the contrary notwithstanding, order
the convicted person to participate in and successfully complete an alcohol
or drug related traffic offender education or rehabilitation program which
meets or exceeds minimum standards established by the department of
public safety and the department of mental health. Such a program may be
used as a condition for suspending any permissible portion of any sentence
only one time.
The cost of the program shall be paid by the person attending the program.
Section 53: Procedure on Arrest
Any arrest for driving while intoxicated shall be handled as any other arrest
for an offense of the same severity, except as follows:
1. As soon as practicable following such arrest, the police
department shall obtain the driving record of the person arrested.
2. No person who has a prior conviction for driving while intoxicated
or driving with excessive blood alcohol content within 10 years of
the date of the present alleged offense shall be prosecuted
through the municipal court until
after the state prosecuting attorney shall have had the
opportunity to review the case and to consider filing appropriate
state charges.
3. No person, regardless of his prior conviction record, shall be
prosecuted through the municipal court where it appears possible
that a charge of vehicular manslaughter or vehicle injury might be
sustained, until after the state prosecuting attorney shall have
had the opportunity to review the case and to consider filing
appropriate charges.
4. In all other cases, the city prosecuting attorney shall have the
discretion to file the appropriate charge with the municipal court
or he may refer the case to the state prosecuting official.
5. The procedures described herein shall be directory and not
mandatory. The failure to follow the procedures provided for in
this section shall not invalidate any prosecution or constitute
cause to overturn any conviction for violations of sections 40 and
41 above.
Section 54: Procedure in Municipal Court
No person charged with driving while intoxicated or driving with blood alcohol
content shall have his case heard in municipal court except in accordance
with the following procedure:
1. The defendant must either be represented by an attorney, or
must voluntarily waive his right to such representation by
execution of a written waiver. If the defendant chooses to do
neither (or if because he is an indigent is unable to employ an
attorney), the prosecution of the case shall be suspended and the
case referred to the State prosecuting official. Only if the state
prosecuting official declines to proceed with a state criminal
prosecution shall the municipal prosecution be resumed.
2. Neither the municipal judge nor any other municipal official shall
have the power to revoke any operators or chauffeurs license.
Section 55: Recoupment of Costs
Section 55.1: General Provisions
Upon a plea of guilty or a finding of guilty for any offense violating the
provisions of sections 40 and/or 41 above, the convicted person shall
reimburse the City of Browning for costs associated with such arrest. Such
costs shall include the cost of any chemical test made to determine the
alcohol or drug content of the persons blood, and the cost of processing,
charging, booking, or holding such person in custody.
The following is a schedule of such costs:
A. Arresting Officer(s), costs per hour $20.00.
B. Breath testing instrument $20.00.
C. Laboratory tests (blood or urine) $60.00. Section 55.3: Approval
by Judge
All such costs shall be approved by the judge hearing such offense and shall
be taxed as costs as in all other municipal ordinance violation cases.
Section 56: Leaving the Scene of a Motor Vehicle Accident
A person commits the crime of Leaving the Scene of a Motor Vehicle
Accident, if:
1. When being the operator or driver of a vehicle on the highway or
on any public or privately-owned parking lot or parking facility
generally open for use by the public, or upon any city street or
alleyway, and knowing that an injury has been caused to a
person or damage has been caused to property, due to his
culpability or to accident, he leaves the place of the injury,
damage or accident without stopping and giving his name,
residence, including city and street number, motor vehicle
number, and chauffeurs or registered operators number, if any,
to the injured party or to a police officer, or if no police officer is in
the vicinity, then to the nearest police station or judicial officer.
2. For the purposes of Section 56, all peace officers shall have
jurisdiction, when invited by an injured person, to enter the
premises of any privately-owned parking lot or parking facility for
the purpose of investigating an accident and performing all
necessary duties regarding such accident.
Leaving the scene of a motor vehicle accident is a Class A misdemeanor.
Section 57: Passenger Restraint System Required for Children
under Four (4) Years of Age
Section 57.1: General Provisions
Every person transporting a child under the age of four (4) years shall be
responsible, when transporting such child in a motor vehicle operated by that
person on the streets or
highways of this city, for providing for the protection of such child. When
travelling in a motor vehicle, the child shall be protected by an approved
child passenger restraint system approved by the Department of Public
Safety.
Section
57.2:
Non-applicable
to Public
Carriers
The provisions of this section shall not apply to any public carrier for hire.
Violation of this section is an infraction.
Section 58: Definitions
Unless otherwise designated, or unless the context requires a different
definition or application, the definition or application of legal terms or
phrases shall be as defined or applied by state statute or rules of court.
Section 59: Repeal of Conflicting Ordinances
That all ordinances and parts of ordinances in conflict herewith are hereby
repealed.
Section 60: Effective Upon Passage
That this ordinance shall be in full force and effect from and after its
passage.
PASSED AND APPROVED this 10th day of October, 1996.
ATTEST:
Nancy Smith, City Clerk
Eldon Head,
Mayor
(SEAL)