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<br />. <br /> <br />. <br /> <br />. <br /> <br />'.' <br /> <br />. '. <br /> <br />OEDINANeE NO. 1046 <br /> <br />AN ORDINANCE AMENDING CHAPTER 25, SECTION 33, OF THE CODE OF <br />ORDINANCES OF THE CITY OF LA PORTE, DEFINING AND CREATING THE <br />OFFENSE OF NEGLIGENT COLLISION; PROVIDING THAT PROOF OF NO <br />INTENT SHALL NOT~ BE REQUIRED; eONTAINING EXCEPTIONS; PROVIDING <br />THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE <br />DEEMED GUILTY OFA MISDEMEANOR AND UPON eONVICTION SHALL BE <br />FINED IN ANY SUM NOT MORE THAN TWO HUNDRBD DOLLARS ($200.00); <br />AND PROVIDING AN EFFEeTIVE DATE HEREOF. <br /> <br />BE IT ORDAINED BY THE CITY eOMMISSION OF THE CITY OF LA PORTE: <br /> <br />Section 1. Section 25-33, "Negligent Collision," under <br /> <br />ehapter 25, TRAFFIC, of the eode of Ordinances of the City of <br /> <br />La Porte, is hereby amended, and shall hereafter read as <br />follows, to-~it~, <br /> <br />"Section 25-33. ,Negligent Collision. <br /> <br />" (a) If any driver or operator of a vehicle upon any <br />public street, hig~way, or upon any drive in a public park <br />or upon any privately owned access ways or parking areas <br />provided by business establishments, without charge, for the <br />convenience of their customers, clients or patrons, but not <br />upon privately owned residential property or the property of <br />any garage ,or parking lot for which a charge is made for <br />storage or parking of motor vehicles, within .the corporate <br />limits of the eity of La Porte, shall with negligence, which <br />term is hereby defined as the doing of that which a person of <br />ordinary prudence would not have done under the same or similar <br />circumstances, or the failure to do that which a person of <br />ordinar.y prudence would have done under the same or similar <br />circumstances, cause damage to or collide with any other <br />vehicle of any kind whatsoever, or with any other property, <br />resulting in a total damage to an apparent extent of fifty <br />dollars ($50.00) or more, within the said corporate limits of <br />the eity of La Porte, he shall be deemed guilty of negligent <br />collision. <br /> <br />II (b) Proof of no'intent on the part of any operator of <br />any vehicle charged with an offense under this section to <br />collide with any other vehicle or with any other property <br />shall be no defense to any charge filed under the authority <br />of this section, <br /> <br />II (c) Nothing contained in this ,section shall authorize <br />the prosecution of any person for the violation of the same <br />while such person is operating any Fire Department or Police <br />Department vehicle of the City in the performance of his duty, <br />provided that it shall not be necessary in any complaint, <br />, action or proceeding under this section to negative this <br />exception but the same shall be provided by the defendant by <br />way of defense." <br /> <br />Section 2. Any person, as defined in Section 1.07(27), <br /> <br />Texas Penal eode, who shall violate any provision of this <br /> <br />ordinance, shall be deemed guilty of a misdemeanor and upon <br /> <br />conviction shall be punished by a fine not to exceed Two <br /> <br />Hundred Dollars ($200.00). <br />