HomeMy WebLinkAbout07-05-66-~~a'"~
Minutes of the regular meeting of the Pulaski Town Council
held July 5, 1966, at 1:00 P. M., in the Municipal Office.
There were present: Mayor C. V. Jackson, presiding.
Councilmen: TrJ. A. Larson, Glen K. Aust, W. S. Cummings,
C. B. Gallimore, ~'. I. Carrico, Rudolph Farmer
Absent: H. H. Eggert and T. J, McCarthy
Also present: Town Manager: Evan Norton
Clerk: G'Ladys P. Da7_ton
Town Attorney: Garnett S. Moore
Police Chief: C. ~'. Comer, Jr.
Visitors: Jane Graham and Clara B. Cox, Southwest Times reporters
Paul Dellinger, Roanoke Times Repor!~er
Aulden ~'. Lemons
The invocation was given by Councilman Gallimore.
Minutes of the meeting of June 21, 1966, were approved as
recorded.
The Town Council opened its meeting by holding a public
hearing on the application of Oscar M. Smith to place a :house trailer
on Highland Terrace. It was noted that all. legal steps had been taken
in following the procedur for applications of this kind, and that no one
OSCAR SMITH
TRAILER appeared opposing same. Upon the recommendation of the Town Manager,
APPL. .APPROVED.
Councilman Farmer moved that permission be granted 14Ir. Smith to place a
house trailer on Highland Terrace, which motion was seconded by Councilman
Aust, and carried.
Aulden E. Lemons, who lives at 12 -Tenth Gtreet, North, appeared
before Council and complained of the fact that raw sewage has been backing
up in his basement drain. Mr. Lemons stated this situation seems to be at
its worse between seven and nine in the morning and four.-thirty and six in
A.E. LEMONS
COMPLAINS the afternoon, and it was his opinion that perhaps this was caused by the
OF RAW
SEWAGE excessive use of sewerage facilities at the Pulaski General Hospital during
B ACKING
UP IN HIS these hours, which resulted in an over-load in the main sewer line in front
BASEMENT.
TURNED OVEN?. of his home. Because of. the high cost of correcting a situation of this
TO SEWER COMM.
kind, Mr. Lemons suggested that some means be taken whereby the line could
be craned out by Town forces ever so often, until such time as a more
premanent solution can be taken. On motion of Councilman Aust, seconded by
Councilman Larson, and carried, it was, RESOLVED, that the matter be turned
over to the Sewer Committee and Town Manager Norton, for study and report
back to Council at its next meeting.
c
`~ ~ Council mins. contd. 7/5/66
On motion of Councilman Larson, seconded by Councilman
PAUL RATCLIFF
TRAILER APPL. Cummings, and carried, it was, RESOLUF.D, that the application of
TO BE HANDLED
IN USUAL MANNER. Paul W. Radcliff to place a house trailer on Dora Highway be
handled in the usual manner as other applications before the
Council, and a public hearing be advertised in the local news-
pap er.
Town Manager Norton advised Council of another reauest
from the A. D. T. Corporation concerning a burglar alarm system
for Virginia Maid Hosiery Mills, to be place d in the Town's
Police Department, in addition to their previous reouest for a
JEFF. MILLS similar burglar system for the Jefferson I~~i11s. Councilman Gallimore
VA. MAID OFF-
ICIALS ASK TO advised that the Fire and Police Committees had met and discussed the
APPEAR BEFORE
COUNCIL. RE: reauest concerning a burglar alarm in the Police Department for
BURGLAR ALARM
SYSTEM. Jefferson Mills, and it was the feeling of the Committee that several
questions should be answered by A. D. T. Corporation before any
further consideration could be given to their reauest, and recommended
that the Town Manager notify the officials to appear at Council's
next regular meeting for a question and answer period concerning these rea s.
reouests. On motion of Councilman Larson, seconded by Councilman
Aust, and carried, it was, RESOLVED, that the recommendation of the
Fire and Police Committees be accepted, and the Town Manager directed
to contact the officials of the Corporation and ask them to appear
at Council's next regular meeting.
Councilman Carrico moved that the Police Committee start
work immediately for plans to increase the space for the Police Department,
to relieve the crowded conditions now existing in that Department, and
POLICE COMM. & that this be placed on the Agenda under Pending Pro3ects. This
LAND, BLDG. &
PARKS COMM. TO motion was seconded by Councilman Ault, and carried. Later in the
WORK ON PLANS
TO INCREASE SPACE meeting Councilman Gallimore moved that the Land Buildings and
IN POLICE DEPT. ,
Parks Committee be included with the Police Committee to work on
increasing space for the Police Department, which motion was
seconded by Councilman Larson, and carried.
~ `~~9
Council rains. contd. 7/5/66
Mr. Farmer reported that it was the recommendation of the
Ordinance Committee that Section H, Chapter III, having to do with
a license tax for trailers in the amounts of x;3.00 and X5.00 be
repealed, and moved that the Town Attorney be directed to prepare
the proper ordinance repealing this section, which motion was seconded
by Councilman Gallimore, and carried. Eater in the meeting, on motion
SECTION H, CHAP.
III OF LICENSE of Councilman (~allimore, seconded by Councilman Cummings, and carried,
TAX ORD. FOR
TRAILERS REPEALED. th.e following ordinance was adopted:
AN ORDINANCE' TO REPEAL SECTION "H", CHAPTER
III„ TRAILERSS AIv'D SEMI-TRAILERS - PRIVATE OF
THE LICENSE' CODE OF T~ T(ItiJN OF P[J?,ASxI, VA.
BE IT ORDAINED BY THE COUNCIL OF TIiF TOWN THAT: Section
H of Chapter III entitled Tra.ilPrs and 6emi-Trailers -
Private, of the Town License Code be and the same is
hereby repealed.
Executed this the 5th day of July, 1966.
Town Manager Norton advised that a survey of streets
REPORT BEING and sidewalk repairs and improvements for the business district is
MADE ON ST.,
& SIDEWALK being PrApared and a report will be made shortly.
REPAIRS.
Town Manager Norton also snorted that, a further study i.s
bei ng made by the T~Tater and Sewer Committees on water deposits, water
FURTHER STUDY
BEING MADE ON arid. sewer connection f P,P..S, inside and outside the corporate limits,
WATER DEPOSIT
& WATER & and that a full. report will be made as soon as possible.
SEWER CONN. _
FEES. On motion of Councilman Ault, seconded by Councilman
Gallimore, and carried, the following ordinance was adopted:
AN ORDINANCE TO AM~'ND ANT? R~'-ENACT SECTION
11!-I;0 OF THE C0~ OF THE' TC,[•1N n~ niTT,ASKI,
VIRGINIA. -PROFANE CTJRSTNG OR SWEAEBTNG:
ORDINANCE ADOPTED DRtJNKENNF..SS, AND PENALTY THEREFOR.
TO AMEND & RE-ENACT
SECT. 14-40. RE: BF IT ORDAINED BY THE COUNCIL OF THE; TOtdNN OF' P[TLASKI,
PROFANE VIRGINIA, that:
CURSING, ETC.
If an.y person arrived at the age of discrection
shall profanely curse or swear or get or be drunk in
public, he shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall b? fined not less than
one nor more than twenty-five dollars.
If any person shall be convicted for being drunk
in Public three times within onQ year in this town, in
violation of either a state statute, county or municipal
ordinance, uT`on the third or any subseouent conviction
for such offense within the -period of one .year, sur..h
person may be punished by imprisonment in jail not more
than six months or by a fine of not more than fifty dollars,
or by both such fine and imnri.Gonment.
c ~(~
~~~'df'l' Council. minx. contd. 7/5/66
On motion of Councilman Farmer, seconded by
Councilman Gallimore, and carried, the foll.cn~a ng ordinance was
adopted:
AN ORDINANCE TO PROVIDE FOR THE ISSUANCE
OF TOWN taARRANT5 FOR VIOLATIONS OF STATE LAW AS
ORDINANCE ADOPTED PROVIDED IN SECTION 46.1-3~9, l,6.1-350, and
FOR ISSUANCE OF 46.1-351 OF THE CODE OF VIRGINIA AS AMENDED
TOWN WARRANTS FOR UNDER THE PROVISIONS OF SECTION X6.1-353 OF TF~
STATE LAW VIOLATIONS. CODE OF VIRGINIA OF 1950 AS AN~ND~'D AND TO PROVIDE
Pi1NISHMF'NT FOR VIOI~ATTON.
RF' IT ORDAINED BY THE COUNCIL OF THE TOGJN OF PUTASKI,
VIRGINIA, that:
It shall be unlawful for any person, except those
expressly exempt under State laws or ordinances of this.Town,
to drive a ny motor vehicle on any street, all Pyway or other
public place within the Town of Pulaski without such license
to operate a vehicle as required by cPCtion l~6.1-?),9 of +,he C!u1e
of Virgin~i.a of 7.950. as amend Ad, or to dr~.ve any motor vehicle
while their license is suspended or. revoked, under Section L6.1-350
of the Code of Virginia of 1.950, as amended, or to drive a vehicle while
restoration of license is contingent upon furnishing proof of
financial. respansibi.l.ity as r?cuired in Section 16.1-351 of the
Code of Virginia of 1950, as amended.
Citations and arrests under this ordinance shall. be issued
in the same manner as provided in the motor vehicle Code of Town
of Pulaski; Town warrants may be issued as provided ih Section
L6.1-353 of the Code of Virginia of 1950, 'as amended,
The punishment for violation of this ordinance shall be
the same as provided for violations of Sections 1.16.1-349,
4.6.1-350, 46.1-351 of the Code of Uirgania.
On motion of Councilman Larson, seconded by Council-
man Gallimore, and carried, an ordinance to amend and re-enact Section 7.2-40
12-lil and 12-4?_ and to enact a new Section 12-tai of the Code, was adopted,
as follows:
BE IT ORDAINED BY THE CCATNCIL OF THE TOWN OF PULASK.I,
VIRGINIA, THAT:
12-1.~0 (A) PROHIBITED
(1) It shall. be unlawful for any person to
drive any aut~umobile or other motor vehicle, car, truck,
engine or train in the town while under the influence of
ORDINANCE alcohol, brandy, rum, whiskey, gin, wine, beer, larger beer,
ADOPTED TO AMEND ale, porter, stout or any other liquid beverage or article
& RE-ENACT SECT. containing alcohol or while ander the influence. of any narcotic
12-40,12-4112-42 drug or any other self-administered intoxicant or drug of
& ENACT SECT. 12-43whatever nature.
OF CODE. RE:
BLOOD TEST. (B) (1) As used in this section "License"
means any op orator's, chauffer's or learner's permit or
license authorizing the operation of a motor vehicle upon
the highways, streets, or public way.
~'~
(2) Any person whether Licensed by Virgirri.a
or not, who operates a motor vehicl.? upon a public highway,
Council mins. contd. 7/5/66 `~)~
streets, or public way in the Town of Pulaski, Virginia
on and after July one, nineteen hundred sixty-four, shall
be deemed thereby, as a condition of such operation, to have
consented to have a sample of his blood taken for a chemical
test to determine the alcoholic content thereof., if such
person is arrested fora violation of this ordinance within
two hours of the a11. Pged offense.
(C) If a person after being arrested for a
violation of this ordinance and after having b?an advised by
the arresting officer that a person who operates a motor
vehicle upon a public highway, streets or public way in the
Town of Pulaski, Virginia, shall be deemed thereby, as a
condition of such operation, to have consented to have a sample
of his blood taken for a chemical test to determine the alcoholic
content thereof, and that the unreasonable refusal to do so
constitutes grounds for the revocation of the privilege of
operating a motor vehicle upon the highways of this State, then
refuses to permit the taking of a sample of his blood for such
tests, the arresting officer shall take the person arrested
before a committing magistrate and if he does again so refuse
after having been further advised by such magistrate of the law
reouiring a blood test to be taken and the penalty for refusal,
and so declares again his refusal in writing upon a form provided
by the Chief Medical z'xaminer of Virginia (hereinafter referred
to as Chief Medical Examiner), or refuse or fails to so declare
in writing and such fact is certified as prescribed in paragraph
(10, then no blood sample shall be taken even though he may
thereafter reouest same.
(D) (1) Only a physician, registered professional
nurse, graduate laboratory technician or a technician or
nurse designated by order of a court of record acting upon the
recommendation of a licensed physician, using soap and water to
cleanse the part of the body from which the blood is taken and
using instruments sterilized by the accepted steam sterilizer
or some other sterilizer which will.. not affect the accuracy of the
test, or using chemically clean sterile disposable syringes, shall
withdraw blood for the purpose of determining the alcoholic content
thereof .
(2) No civil liability shall attach to any person
authorized to withdraw blood as provided herein as a result of
the act of withdrawing blood from any person submitting thereto,
provided the blood was withdrawn according to recognized medical
procedures; and provided further that, the foregoing shall not
relieve any such person from liability for negligence in the
withdrawing of any blood sample.
(3) T'onions of the blood sample so withdrawn shall
be placed in each of two vials provided by the Chief Medical
Examiner, which vials shall be Sealed and labeled by the person
taking the sample or at his direction, showing on each the name
of the accused, the name of the person taking the blood sample,
and the date and time the blood sample was taken. The vials
shall be placed in two containers provided by the Chief Medical
Examiner, which containers shall. be sealed so as not to allow
tampering with the contents. The arresting or accompanying
officer shall take possession of the two containers holding the
vials as soon as the vials are placed in such containers and
sealed, and shall transport or mail one of the vials forthwith
to the Chief Medical Examiner. The officer taking possession of
the other container (hereinafter referred to as second container)
shall, immediately after taking possession of said second container
give to the accused a form provided by the Chief Medical Examiner
~~c~~ Council rains. contd. 7~5~66
which shall. set forth the procedure to obtain an independent
analysis of the blood in the second container, and a list of
those laboratories and their addresses, approved by the State
Health Commissioner; such form sha17 contain a space for the
accused or his counsel to direct the officer possessing such
second container to forward that container to such approved
laboratory for analysis, if desired. The officer having the
second container, after delivery of the form referred to in the
preceding sentence (anless at that time directed by the accused
in writing on such form to forward the second container to an
approved laboratory of the accused's choice in which event the
officer shall do so) shall deliver said second container to the
chief police officer of the Town of Pulaski., Virgi nia, and the
chief police officer who receives the same shall keep it in
his possession for a period of seventy-two (72) hours, during
which time the accused or his counsel may, in writing, on the
form provided hereinabove, direct the chief police officer having
possession of the second containet to mail it to the laboratory
of the accused's choice chosen from the approved List. .As used
in this section, the term "Chief police officer" shall mean,
the chief of police of the Town of Pulaski, Virginia.
(~;) The testing of the contents of the second container
shall be made ~n the same manner as hereafter set forth concerning
the procedure to be followed by the Chief Medical ~xa.miner, and
a11. rrocedures established herein for transmittal, testi ng and
admission of the result in the trial of the case shall be the
same as for the sample sent to the Chief Medical Examiner.
(5) A fee not to exceed $15.00 shall. be allowed the
approved laboratory for making the analysis of the second blood
sample which fee shall. be paid out of the appropriation for
criminal charges. If t•he person whose bloo~? sample was withdrawn
is subsernaQntly convicted for violation of this ordi Hance, the
fee charged by the laboratory for testing the blood sample shall
by taxed as Tart: ^f +•hP. c^sts of the criminal caG~ and shall.. bP
paid into the general. fund of the town.
(6) If the chief police officer having possPssi.on ~f
the second container is not directed as herein provided to mail
it within sevent;T-t,wa (72) hours after rPCe~.v.ng said container
then said officer shall destroy same.
(7) ??pop receipt of the blood sampl? fox~iarded to his
office for analysis, the chi.Pf P~edical examiner shall cause i.t
to be examined far al.cohol.c content and he or an Assistant
Chief Medical Examiner shall execute a certificate which shall
indicate the name of the accused, the date, time and by whom the
blood Sample, was received and examined, a statement that the
container seal had not been broken or otherwise tampered with,
a statement that the container was one provided by the Chief Medical
examiner and a statement of the alcoholic content of the,
sample. The certificate attached to the vial from which the
blood sample examined was taken shall be returned to the Clerk
Of the court in which the charge will be heard. The certificate
attached to the container forwarded on behalf of the accused
shal_1 also be returned to the clerk of the court in which
the charge twill be heard, and such certificate shall be
admissible in evidence when attested by the pathologist or by
the supervisor of t•he laboratory approved by the Mate Health
Commissioner.
(~) ~nlhen any blood sample taken in accordance with the
provisions of this section is forwarded for analysis to the
office of the Chief Medical Examiner, a report of the results
of such analysis shall be made and filed in that office. Uron
proper identification of the vial into which the blood sample
was placed, the certificate asr.rovidPd for in this sAct,ion shall-,
when duly attested by the Chief Medical Examiner, or any Assistant
Council rains contd. 7/5/66 ~~"~~~~)
Chief Medical Examiner, be admissible i~ any court, in any
criminal proceedings as evidence of the facts therein stated
and of the results of such analysis.
(9) Upon the request of the person whose blood
sample was taken for a chemical. test to determine the alcoholic
content thereof, the results of such test or tests shall. be
made available to him.
(10) A fee not exceeding five dollars shall be
allowed the person withdrawing a blood sample in accordance
with this section, which fee shal?_ bP raid out of the appro-
priation fnr criminal charges. If the person whose blood
sample was withdrawn is subseauPntly convicted for violation
of this ordinance the amount charged by the person with-
drawing the sample shall. be taxed as oast of the costs of
the criminal case and shall be raid into the general fund
of said Town,
(l.7) In any trial. far violation of ordinance, this
section shall not otherwise limit the introduction of at~y
relevant evidence bearing upon any question at issue before
the court, and the court shall, rPgardl?ss of the result
of the blood test or tests, if an,y, consider such other
relevant evidence of condition of the accused as shall be
admissible in evidence. The failure of an accused to permit
a sample of his blood to be withdrawn for a chemica.7_ test
to determine the alcoholic content thereof is rat evidence
and shall. not be subject to comment at the trial of the case;
nor shall the fact that a blood test had been offered the
accused be evidence or the subject of comment.
(12) The form referred to in oaragraph (c), shall.
contain a brief statement of the law requiring the taking of
a blood sample and the penalty fnr refusal., a. declaration of
refusal_ and lines for the signature of the oerson from whom
the blood sa.mnle is son~;ht, the date and the signature of a
witness to the signing. If such person refuses or fails to
execute such declaration, the committing justice, clerk or
assistant clerk shall certify such fact, and that the committing
justice, clerk or assistant clerk advised the person arrested
that such refusal or failure, if found to bQ unreasonable,
constitutes grounds far the revocation of such oerson's license
to drive. The committing or issuing justice, clerk or assistant
clerk shall forthwith issue a warrant charging the person
refusing to take the test to determine the alcoholic content of
his blood, with violation of thiG section. The warrant shall
ba executed in the same manner as criminal warrants.
(13) The executed declaration of refusal_ or the
certificate of the committi ng justice, as the case may be, shall
be attached to the warrant and shall be forwarded by the com-
mitting justice, clerk or assistant clerk to the court i.n which
the offense of driving under the i.nfl~~ence of intoxicants shall.
be tried.
(1L) Trlhen the court receives the declaration of refusal
or certificate referred to in paragraph (11) together with the
warrant charging the defendant with refusing to submit to
having a sample of blood taken fnr. the determination of the
al.cohol.ic content thereof, the curt shall fix a date for the
trial of said warrant, at such time as the court shall designate,
but subseouent to the defendant's criminal trial for drivi ng
under the influence of intoxicants,
~~ ~R ~~
Council minx. contd. 7/5/66
(lK) The declaration of refusal. or certificate under
paragraph (7.11 as the caste mar be, shall. be prima f?c~i.Q pvi.dPnse
that the defendant refused to submit to the taking of a sampl?
of his blood t~ determine the alcoholic content thereof as
provided herAinabove. However, th?.s shall not be deemed
to prohibit +,he defendant from introducing on his behalf evidence
of the basis for. his refusal to ^ubmit to the taking of a sample
of his b7_cad tc+ dQtermZ.ne the alcoholic content thereof. The
court shall, determine the rAasonab7Pn?ss of such refusal..
(16) If the court shall find the defendant guilty
as charged in the warrant, the court shall susrend the defendant's
license for a period of 90 days for a first offense and for six
months for a second or subsPauent offense or refusal within one
.year of the first or other such refusals; the time shall. be
computed as follows: the date of +,he first offense and the date of
the second or subseouent offense.
(17) The court shall foxKaard the defendant's licens?
to the Commission of. the Division of Motor Vehicles of Virginia
as in other cases of similar nature for susz~ension of license
unless, however, the defendant shall anpPal his conviction in which
case the court shall .return the I.icpnse to the defendant ur?on his
appeal being perfected.
(l~) The p.roc.edure for appeal and trial shall be the same
as provided by l.aw for misdPmanors.
(19) No person arrested for a vio7.ation of this ordinance
shall. be required to execute in favor o.f any person or corporation
a waiver or release of liability in connection with the withdrawal
of blood and as a condition precedent to the withdrawal of blood
as provided far herein.
(20) The court ar the fury trying the case shall.
determine the innocence or the gu.i.lt of the defendant from a17_
the evida.,nce concern9.ng his eonditi.on at the time of the a17.eged
offense.
Council mins. contd. 7/5/66
4 16 ~"'
(27. ) The steps herein set forth relati ng to the taking,
handling, i.dPntifirati.on, and disposition of blood samples are
procedural in nature and not substantive. Sabstanti.al compliance
therewith shall be deemed to be sufficient. Failure to comr?ly
with any one or more of such steps or portions thereof, or a /
variance in the results of the taro b7.ood tests shall not of
itself be grounds for finding the defendant not guilty, but shall
go to the weight of the evidence and Gha17 be considered as set
forth above with a7.7. the evidence i. n +hecase, provided that the
defendant shall have the right to introduce evidence on his own
behalf to show non-compliance with the aforesaid procedure or
any part thereof, and that as a result his rights were prejudiced.
1?-!r1 (F) In any prosecution for a violation of this ordinance,
the amount of alcohol in the blood of the accused at the time of the
alleged offense as indicated by a chemical. analysis of the accused's
blood in accordance with the provisions of this ordinance, shall give
rise to the followi ng presumptions
(1) If there was at the time 0.05 per. cent or less by
weight of alcohol in the accused's blood, it shall be presumed
that the accused was not under the influence of a7.cholic intoxi-
cants.
(2) If there was at that., time in excess of 0.05 p?r
cent but less than 0.15 per cent by weight of alcohol in the
accused'a blood, such facts ahl not give rise to any pre-
sumption that the accused was or was not under the influence
of alcoholic intoxicants, but such facts ma„y be considered with
other competent evidence in determining the guilt or i nnacence
of the accused.
(, ~l If there was at that ti..me 0,7.5 rPr cent or more by
weight of alcohol in the acc~.xsed's blood, it shall be presumed
that the accused was under the inf7.uPnce of alcoholic intoxicants;
provided, ho?*ever, such facts shall not preclude prosecution and
conviction under Section 12-?,3 of this ordinance.
1~-~1.7. An.y person violati ng the previGi an of this ord. Hance
charging the offense of driving under the i.nfl>>enr,e of .ntoxicants,
etc., shall be guilty of a misdemeanor and shall be punished, for
a first offense by a fine of not less than two hundred dollars nor
more than one thousand dollars or by confinement in jai.7. for not
less than one month nor more than six months, Dither or both in
the discretion of the jury or the court. trying the case without a
jury. A ny person convicted within any period of ten years of a.
second or other subsequent offense under this ordinance or
convicted of a first offense under Section 18.1-51_i of the Code
of Virginia ar for. a similar offense under any county, cit,~
or. town and after having been convicted within a period of ten
years prior thereto of an offense under former 18-75 or of this
ordinance as it was prier to thiG enactment or any other similar
ordinance shall be punishable by a fine of not less than two
hundred dollars 0200.00) nor more than one thousand dollars
($1,000.00) and by confinement in jail for not 7.ess than one month
par mare than one ,year. For the purpose of this section a con-
viction or finding of pat innocent in the case of a juvenile
under the provisions of Section 1.8.1-5ti, former Section 18-75 of
the Code of Virginia, the or. di.nance of any county, city or town
in this Mate or the laws of any other state substantially similar
to the provisions of Section 18.1-51' through 18.1-57 of the Code
of Virginia or this ordinance, shall be considered a prior con-
viction.
-~~~3~~
Council rains, contd. 7/5/66
1?-L2 The judgment of conviction if for a first offense under
Section 1.2-I~0 of this Code, shah of itself overate to deprive
the person so convicted of the right to drive or operate
a.ny such vehicle, conveyance, engine or train in the town
and state fear a period of one year, from the date of such judgment,
and if for a second or other subseauent offense within ten years
thereof for a period of three years from the date of the judg-
ment of conviction or fi nding of. not innocent thereof, any such
period in either case to run consecutively with any period of
suspension for failure to Hermit a blood sample to be taken as
required by this ordinance. If any person has heretofore been
convicted of violating any similar state law or city or town
ordinance and thereafter is convicted of violating the provisions
of section 12-1~0 of this Code, such conviction or finding shall, for the
vurpose of this and the preceding section, be a subseauent
offense and sha'i_1 be runished accordingly; and the court may,
in its discretion, suspend the sentence during the good behavior
of the person convicted.
12-l~3 It shall. be unlawful for any person to drive or operate
any automobile or other motor vehicl.P, car, truck, engine or train
while such person's ability to drive or operate such vehicle is
impaired b y the presence of alcohol in his blood. a person's
ability to drive or overate such a vehicle shall be deemed to be
impaired by the presence of alcohol in his blood within the
meaning of this section when such person -has so indulged in
alcoholic intoxicants as to lack the clearness of intellect
and control o.f himself which he would otherwise possess.
In everv prosAc±zt9 on under Section 12-1.i0 of. this ordinance
the offense with which the accused is charged shall. be deemed to
include the offense punishable under this section; and whenever
in any such prosecution it appears that the amount of alcohol
in the blood of. the accused at the time of the alleged offense
as indicated by a chemical analysis of the accusedis blood
in accordance with the provisions of Section 1?_-~0 is as much
as 0.1.0 but lass than 0.15 per cent by weight it shall. be
presumed that the ability of the accused was impaired within
the meaning of this section. No person shall. be arrested,
prosecuted or convicted far violation of this section except
as a lesser included offense of a prosecution for violation of
12=+lr0 of this ordinance.
Every person violating the provisions of this section
sha17 be guilty of a misdemeanor and punished as provided in
18.1-9 of the Code of Virginia of 1.950, as amended; provided,
that in addition to such punishment, upon every such first
conviction the judge shall suspend the right of the accused to
operate any motor Rehicle upon the highways of this State far a
period of six months, and upon any second or subseauent such
conviction, within a period of five years such suspension shall be
for a period of twelve months.
Town Manager Norton brought to the attention of Council the fact
TOWN ATTY. TO that the Town can under its present ordinance charge contractors on the
TO DRAW PROPER
ORD. ON CHG. amount over .25,000.00 for work performed in the Town of Pulaski, and
TO CONTRACTORS.
that most cities and towns have changed this to provide a tax on the
first dollar, and advised that if the Town changed its ordinance to
cover the first dollar it would not cost the contractor any more since
they. can deduct the amount from their home office license. Mr. I~loore
Council mins. contd. 7/5/66 ~ a~`~'~~~
advised that only that portion of the ordinance would have to bP
amended to make the change, and Councilman Larson moved that the
Town Attorney be directed to draw the prover ordinance for Council's
consideration at its next meeting, which motion was seconded by Council-
man Aust, and carri.Pd.
Town Manager Norton reported that requests from nrooerty owners
outside the cornorate Limits had been rPc?ivAd to hook on to the Dublin
PROP. OWNERS
ASK TO HOOK '.dater Tine. Mr. Norton was d~.rected to obtain more information regard-
TO DUBLIN WATER
LINE. ing these .rPauests for Council's consideration.
Town Manager Norton reported that a7.though the original schedule
HWY. DEPT. by the Mate Highway PepartmPnt. for blacktopping of Third Street, (Route
TO BEGIN BLACK
TOPPING THIRD 99) was to b? in August, 7.966, he had been advised by the Highway
ST. JULY 11th.
officia7_s that this work would be started the week of Ju7.y 17.th.
Town Manager Norton reported that the cost of the Jefferson
Avenue drain todate was $27,2l~0.00, the original estimate having been
$50,000.00. Council felt that Howard C. Jackson, especially, and the
entire town force working on this drain should be commended for theex-
cellent job of installing the Jefferson Avenue Drain. The Town Attorney
TOWN MANAGER was directed upon the motion of Councilman Carrico, seconded by Council-
REPORTS ON
JEFF. AVE. man Larson,, and carried, to prepare a proper resolution to spread upon
DRAIN PROJECT,
COUNCIL COMMENDS the minutes of Council, commending Howard C. Jackson for his faithful
H.C. JACKSON.
services to the Town, noting his retirement as Director of Public
Works on July 1, 1966, to become Consultant to the Town Manager.
Councilman Carrico moved that an item having to do with the
Armory Master Plan be placed on the agenda for immediate discussion, and
this motion was seconded by Councilman Gallimore, and carried. Mr. Carrico
COUNCIL RESCINDS stated that he was not present at the last meeting of Council when a
ACT. ON USE OF MT.
LAND AROUND ARMORY portion of the landfill area at the Armory was set aside for afire
(JUNE 21)
fighting facility; that he had no objection to the facility being built,
but that he was of the opinion that a Master Plan had been requested of
the Planning Commission for the entire landfill area around the Armory.
That he was of the opinion that it was the plan to have recreational areas
designated for swimming pool, soft ball, tennis court, etc., and as the
Town had the money to carry out these plans it would be done. He stated
that in view of this, he asked that Council rescind their action taken
on June 21st as to the use of the mountain land only, that it be under
~x
'~~~c )~ Council mina. contd./~7f~66
stood that his motion was regarding the land around the Armory and to
have no bearing on the draft pit now under construction, for a further
study. This motion was seconded by Councilman Farmer, and carried.
The meeting adjourned at 5:lt0 P. M.
Approved:
~ay`or
Attest:
er o t e ounc
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