O-1980-1244 - Laserfiche WebLink

Browse Search

. . - ORDINANCE NO. 1244 AN ORDINANCE AMENDING CHAPTER 25, SECTION 33, OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE, DEFINING AND CREATING THE OFFENSE OF NEGLIGENT COLLISION; PROVIDING THAT PROOF OF NO INTENT SHALL NOT BE REQUIRED; CONTAINING EXCEPTIONS; PROVIDING THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: Section 1. Section 25-33, "Negligent Collision," Chapter e 25, TRAFFIC, of the Code of Ordinances of the City of La Porte, is hereby amended, and shall hereafter read as follows, to-wit: "Section 25-33. Negligent Collision. e "( a) If any driver or operator of a vehicle upon any public street, highway, or upon any drive in a publ ic park or upon any privately owned access ways or parking areas provided by business establishments, without charge, for the convenience of their customers, clients or patrons, but not upon privately owned residential property or the property of any garage or parking lot for which a charge is made for storage or parking of motor vehicles, within the corporate limits of the City of La Porte, shall with negligence, cause damage to or collide with any other vehicle of any kind what- soever, or with any other property, resulting in a total damage to an apparent extent of fifty dollars ($50.00) or more, within the said corporate limits of the City of La Porte, he shall be deemed guilty of negligent collision. n (b) Proof of no intent on the part of any operator of any vehicle charged with an offense under this section to collide with any other vehicle or with any other property shall be no defense to any charge filed under the authority of this section. " (c) Nothing contained in this section shall authorize the prosecution of any person for the violation of the same while such person is operating any Fire Department or Police Department vehicle of the City in the performance of his duty, provided that it shall not be necessary in any complaint, action or proceeding under this section to negative this exception but the same shall be provided by the defendant by way of defense. . "(d) A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surround- ing his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it consti tutes a gross deviation from the standard of care that an ordinary person would exercise under all the circum- stances as viewed from the actor's standpoint."