O-54-122
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ORDINANCE NQ. /.). 2..
AN ORDINANCE PROHIBITING THE OPERATION OF ANY
MOTOR 'VEHICLE BY ANY PERSON UNDER THE INFLUENCE
OF INTOXICATING LIQUOR OR NARCOTIC DRUG;
PRBHIBITING OPERATION OF ANY MOTOR VEHICLE BY
ANY PERSON IN A RECLES$ MANNER; PROVIDING
PENALTIES FOR VIOLATIONS THEREOF; PROVIDING
FOR- REVOCATION OF OPERATOR I S OR ,CHAUFFER I S
LICENSE WHEN GUILTY; PENALTY FOR FORFEITURE OF,
BAIL NOT VACATED; AND. REPEAL OF ORDINANCE NO..
20 OF THE CITY OF CLERMONT.
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AMð ESTABLISHED
BE IT ORDAINED/BY THE CITY COUNCIL OF THE CITY OF CLERMONT:
. SECTION I. Hereafter it is unlawful ind punishable
as provided in Section 2 hereafter for any person who is
a habitual user of narcotic drugs or any person who is
under the influence of intoxicating liquor or narcotic drugs.
when affected to the extent that his or her normal faculties
are impaired. to drive or be in. the actual physical control
of any vehicle within the territorial boundaries of .the City
of Clermont.
For the purpose of this ordinance the
question of whether or not the driver or the person:in the
actual physical control of the motor vehicle is under the
influence of intoxicating liquor or narcotiçdrugs. shall, be
a question of fact to be determined by the evidence. It is
not the purpose of this ordinance to require proof that such
- driver' sha11 beln' anlntoxicatedcondi tion -or· under· the- <-
influence of a narcotic drugs, but proof that such dr.ivef i~
under- the i.nfluence· of intoxicating liquor or narcotíc drug
to the extent that the motor vehicle is being operàt~g~tç~
the jeopardy of other vehicles, person or persons-in either;~
of said vehicles or of pedestrians shall be suffi~ient: ~.
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,SECTIOÑHII'.--' -Ev'ery' person' who is convicted- of a
violation of Section I of this ordinance shall be punished
-by imprisonment for not more· than 90 days,. or by' a· fine-of-
not less than $25.00 nor more than $250.00, or by both such
fine and imprisonment; and, his or her operator's or
chauffer's license shall be immediately surrendered to the
Municipal Judge and by him suspended and revoked and forwarded
along with a record of the conviction to the Department of
Public Safety, Tallahasse~. Florida.
SECTION III. Any person who drives any motor vehicle
in a willful or wanton disregard for the safety of persons
or peoperty is guilty of reckless driving.
Every person convicted of reckless
driving shall be punished upon a first conviction by a fine
of not less than $10.00, nor more than $250.00, or by im-
prisonment for a period of not more than 30 days. or by both
such fine and imprisonment. Any person convicted upon three
(3) charges of reckless driving within a period of twelve (12)
months it shall be mandatory upon the judge of the Municipal
Court to revoke said persons operator's or chauffe~'s license
and he shall forward same together with a record of all three
convictions to the Department of Public Safety of the State of
Florida at Tallahassee, Florida.
SECTION IV. For the purpose of this ordinance, a
forfeiture of bailor collateral, deposited to secure a
defendant's appearance in court, which forfeiture has not been
vacated. shall be equivalent to a conviction.
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SECTION V. Ordinance No. 20 of the City of
Clermont passed on April 3, 1934' by the City Council
of the City of Clermõflt~' and approved by the Mayor
of the City of Clermont on April. 4. 1934, the same
being' an Ordinance entitled: "An Ordinance Prohibiting
The Operation of Motor Vehicles By Any Person or Persons
Under the Influence of Intoxicating Liquors", is hereby
repealed. .
SECTION VI. T;his ordinance shall take affect
immediately upon itq passage and all other ordinances
in conflict ¡herewith, and 'not hereby expressly re-
pealed. are herewith repealed so :far as such conflict
exists.
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PASSED by the City Council of theCit~of Clermont
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at its. Regular Meeting held on the 6th day .o.fJuly~ A. D.!"
1954.
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Pres~dent. of~unc~l
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APPROVED by me this July.6th,; 1954.
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City ¿~nt.
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