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O-2008-3060 amend Ch 70/traversing flooded streets at unreasonable speeds with a vehicle
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O-2008-3060 amend Ch 70/traversing flooded streets at unreasonable speeds with a vehicle
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11/2/2016 3:39:25 PM
Creation date
2/4/2008 10:10:05 AM
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Legislative Records
Legislative Type
Ordinance
Date
1/14/2008
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<br />of Article 1 "In General", Chapter 70 "Traffic and Vehicles" of <br />the Code of Ordinances, to add the following definition to be <br />included in said section in proper alphabetical sequence: <br /> <br />"Flooded Street means any instance where both the curb and <br />the crown of a road, street, or other improved right-of-way are <br />under water from right-of-way line to right-of-way line, or <br />where any road, street, alley, easement, right-of-way, or other <br />pathway, regardless of whether equipped with curbs and gutters <br />or otherwise improved, is in such condition due to inundation of <br />water that it potentially increases possibility of damage by <br />flooding to surrounding property or premises." <br /> <br />Section 3. That the Code of Ordinances of the City of La Porte, <br />Texas is hereby amended by amending Section 70-2 "Compliance <br />with chapter", of Article I. "In General", Chapter 70 "Traffic <br />and Vehicles" of the Code of Ordinances, which said Section <br />shall read as follows: <br /> <br />"Sec. 70-2. Compliance with chapter. <br /> <br />It is unlawful and, unless otherwise declared in this chapter <br />with respect to particular offenses, it is a misdemeanor for any <br />person to do any act forbidden or fail to perform any act <br />required in this chapter. Neither allegation nor evidence of a <br />culpable mental state is required for the proof of an offense <br />defined in this chapter, during the prosecution of such offenses <br />in any criminal proceeding." <br /> <br />Section 4. That the Code of Ordinances of the City of La Porte, <br />Texas is hereby amended by adding new Section 70-76 "Traversing <br />Flooded Street with Vehicle", of Article III. "Operation of <br />Vehicles", Division 1 "Generally", Chapter 70 "Traffic and <br />Vehicles" of the Code of Ordinances, which said Section shall <br />read as follows: <br /> <br />"Sec. 70-76. Traversing Flooded Street with Vehicle. <br /> <br />(a) It shall be unlawful for any person to traverse a flooded <br />street in an automobile, truck, boat, or other vehicle or vessel <br />at such speed as to create a wake therein that causes damage or <br />increased flooding to the property or premises adjoining such <br />flooded street or streets. <br /> <br />(b) It is an affirmative <br />section that the person was <br />protecting the public order <br /> <br />defense to <br />performing a <br />and safety." <br /> <br />prosecution under this <br />rescue operation or was <br />
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