(a) No person shall operate or be in physical control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on the waters in this State if any of the following applies:
(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.
(2) The person has a concentration of eight-hundredths of one per cent or more but less than seventeen-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.
(3) The person has a concentration of ninety-six-thousandths of one per cent or more but less than two hundred four-thousandths of one per cent by weight per unit volume of alcohol in the person’s blood serum or plasma.
(4) The person has a concentration of eight-hundredths of one gram or more but less than seventeen-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.
(5) The person has a concentration of eleven-hundredths of one gram or more but less than two hundred thirty-eight-thousandths of one gram by weight of alcohol per one hundred milliliters of the person’s urine.
(6) The person has a concentration of seventeen-hundredths of one per cent or more by weight per unit volume of alcohol in the person’s whole blood.
(7) The person has a concentration of two hundred four-thousandths of one per cent or more by weight per unit volume of alcohol in the person’s blood serum or plasma.
(8) The person has a concentration of seventeen-hundredths of one gram or more by weight of alcohol per two hundred ten liters of the person’s breath.
(9) The person has a concentration of two hundred thirty-eight-thousandths of one gram or more by weight of alcohol per one hundred milliliters of the person’s urine.
(b) No person under twenty-one years of age shall operate or be in physical control of any vessel underway or shall manipulate any water skis, aquaplane, or similar device on the waters in this State if any of the following applies:
(1) The person has a concentration of at least two-hundredths of one per cent but less than eight-hundredths of one per cent by weight per unit volume of alcohol in the person’s whole blood.
(2) The person has a concentration of at least three-hundredths of one per cent but less than ninety-six-thousandths of one per cent by weight per unit volume of alcohol in the person’s blood serum or plasma.
(3) The person has a concentration of at least two-hundredths of one gram but less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the person’s breath.
(4) The person has a concentration of at least twenty-eight one-thousandths of one gram but less than eleven-hundredths of one gram by weight of alcohol per one hundred milliliters of the person’s urine.
(c) In any proceeding arising out of one incident, a person may be charged with a violation of subsection (a)(1) hereof and a violation of subsection (b)(1), (2) or (3), but the person shall not be convicted of more than one violation of those sections.
(d) (1) In any criminal prosecution for a violation of this section, the court may admit evidence on the concentration of alcohol or a drug of abuse in the defendant’s blood, urine, or breath at the time of the alleged violation as shown by chemical analysis of the defendant’s blood, urine, or breath taken within two hours of the time of the alleged violation.
(2) When a person submits to a blood test, only a physician, registered nurse, or qualified technician or chemist shall withdraw blood for the purpose of determining its alcohol or drug of abuse content. This limitation does not apply to the taking of breath or urine specimens. A physician, registered nurse, or qualified technician or chemist may refuse to withdraw blood for the purpose of determining its alcohol or drug of abuse content if in the opinion of the physician, nurse, or technician or chemist, the physical welfare of the person would be endangered by the withdrawing of blood.
(3) The blood, urine, or breath shall be analyzed in accordance with methods approved by the director of health by an individual possessing a valid permit issued by the Director pursuant to Ohio R.C. 3701.143.
(4) If there was at the time the blood, urine, or breath was taken a concentration of less than eight-hundredths of one per cent by weight of alcohol in the defendant’s blood, less than fourteen-hundredths of one gram by weight of alcohol per one hundred milliliters of the defendant’s urine, or less than eight-hundredths of one gram by weight of alcohol per two hundred ten liters of the defendant’s breath, that fact may be considered with other competent evidence in determining the guilt or innocence of the defendant.
(5) Upon the request of the person who was tested, the results of the test shall be made available to the person or the person’s attorney or agent immediately upon the completion of the test analysis.
(6) The person tested may have a physician, registered nurse, or qualified technician or chemist of the person’s own choosing administer a chemical test or tests in addition to any administered at the direction of a law enforcement officer, and shall be so advised. The failure or inability to obtain an additional test by a person shall not preclude the admission of evidence relating to the test or tests taken at the direction of a law enforcement officer.
(7) A physician, registered nurse, or qualified technician or chemist who withdraws blood from a person pursuant to this section, and a hospital, first-aid station, or clinic at which blood is withdrawn from a person pursuant to this section, is immune from criminal liability, and from civil liability that is based upon a claim of assault and battery or based upon any other claim that is not in the nature of a claim of malpractice, for any act performed in withdrawing blood from the person.
(e) For the purpose of this section “operate” means that a vessel is being used on the waters in the City of Reminderville when the vessel is not securely affixed to a dock or to shore or to any permanent structure to which the vessel has the right to affix or that a vessel is not anchored in a designated anchorage area.
(f) Whoever violates the provisions of this section is guilty of a misdemeanor of the first degree and shall be punished as provided in subsection (f)(1), (2) or (3) hereof:
(1) Except as otherwise provided in subsections (f)(2) or (3) hereof, the court shall sentence the offender to a term of imprisonment of three consecutive days and may sentence the offender pursuant to Ohio R.C. 2929.21 to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty dollars ($150.00) nor more than one thousand dollars ($1,000).
The court may suspend the execution of the mandatory three consecutive days of imprisonment that it is required to impose by subsection (f)(1) hereof if the court, in lieu of the suspended term of imprisonment, places the offender on probation and requires the offender to attend, for three consecutive days, a drivers’ intervention program that is certified pursuant to Ohio R.C. 3793.10. The court also may suspend the execution of any part of the mandatory three consecutive days of imprisonment that it is required to impose by subsection (f)(1) hereof if the court places the offender on probation for part of the three consecutive days; requires the offender to attend, for that part of the three consecutive days, a drivers’ intervention program that is certified pursuant to Ohio R.C. 3793.10; and sentences the offender to a term of imprisonment equal to the remainder of the three consecutive days that the offender does not spend attending the drivers’ intervention program. The court may require the offender, as a condition of probation, to attend and satisfactorily complete any treatment or education programs, in addition to the required attendance at a drivers’ intervention program, that the operators of the drivers’ intervention program determine that the offender should attend and to report periodically to the court on the offender’s progress in the programs. The court also may impose any other conditions of probation on the offender that it considers necessary.
(2) If, within five years of the offense, the offender has been convicted of or pleaded guilty to one violation of this section, Ohio R.C. 1547.11, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device with a prohibited concentration of alcohol in the blood, breath, or urine, or of Ohio R.C. 2903.06 or 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the court shall sentence the offender to a term of imprisonment of ten consecutive days and may sentence the offender pursuant to Ohio R.C. 2929.21 to a longer term of imprisonment. In addition, the court shall impose upon the offender a fine of not less than one hundred fifty dollars ($150.00) nor more than one thousand dollars ($1,000).
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers’ intervention program that is certified pursuant to Ohio R.C. 3793.10.
(3) If, within five years of the offense, the offender has been convicted of or pleaded guilty to more than one violation of this section, Ohio R.C. 1547.11, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device while under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, of a municipal ordinance relating to operating a watercraft or manipulating any water skis, aquaplane, or similar device, with a prohibited concentration of alcohol in the blood, breath, or urine, or of Ohio R.C. 2903.06 or 2903.07 in a case in which the jury or judge found that the offender was under the influence of alcohol, a drug of abuse, or alcohol and a drug of abuse, the court shall sentence the offender to a term of imprisonment of thirty consecutive days and may sentence the offender to a longer term of imprisonment of not more than one year. In addition, the court shall impose upon the offender a fine of note less than one hundred fifty dollars ($150.00) nor more than one thousand dollars ($1,000).
In addition to any other sentence that it imposes upon the offender, the court may require the offender to attend a drivers’ intervention program that is certified pursuant to Ohio R.C. 3793.10.
(4) Upon a showing that imprisonment would seriously affect the ability of an offender sentenced pursuant to subsections (f)(1), (2) and (3) hereof to continue the offender’s employment, the court may authorize that the offender be granted work release from imprisonment after the offender has served the three, ten, or thirty consecutive days of imprisonment that the court is required by subsections (f)(1), (2) and (3) hereof to impose. No court shall authorize work release from imprisonment during the three, ten, or thirty consecutive days of imprisonment that the court is required by subsections (f)(1), (2) and (3) hereof to impose. The duration of the work release shall not exceed the time necessary each day for the offender to commute to and from the place of employment and the place of imprisonment and the time actually spent under employment.
(5) Notwithstanding any section of the Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court shall suspend the ten or thirty consecutive days of imprisonment required to be imposed by subsections (f)(2) or (3) or place an offender who is sentenced pursuant to subsections (f)(2) or (3) in any treatment program in lieu of imprisonment until after the offender has served the ten or thirty consecutive days of imprisonment required to be imposed pursuant to subsections (f)(2) or (3). Notwithstanding any section of the Revised Code that authorizes the suspension of the imposition or execution of a sentence or the placement of an offender in any treatment program in lieu of imprisonment, no court, except as specifically authorized by subsection (f)(1) hereof, shall suspend the three consecutive days of imprisonment required to be imposed by subsection (f)(1) hereof or place an offender who is sentenced pursuant to subsection (f)(1) hereof in any treatment program is lieu of imprisonment until after the offender has served the three consecutive days of imprisonment required to be imposed pursuant to subsection (f)(1) hereof.
(Ord. 9-1998. Passed 6-9-98.)
CODIFIED ORDINANCES OF REMINDERVILLE