A. It is unlawful and punishable as provided in Section 10.45.040 of this chapter for any person to drive or be in actual physical control of a vehicle upon the ways of this city open to the public, while the alcohol concentration in his blood, breath, or urine is 0.10 or more.

B. It is unlawful and punishable as provided in Section 10.45.040 of this chapter for any person who is under the influence of alcohol or any narcotic drug or any other drug to a degree which renders him incapable of safely driving a motor vehicle to drive or be in actual physical control of a motor vehicle within the municipality. The fact that any person changed with a violation of this section is on has been entitled to use such a drug under the laws of the state does not constitute a defense against any charge of violating this section. (Ord. 474 § 12(2), 1986; Ord. 357 § 2, 1978)