HomeMy WebLinkAboutO-1958-529i •
ORDINANCE N0. r~q._
• AN ORDINANCE MAKING "RECKLESS DRIVING" AN OFFENSE; DEFINING "RECKLESS, CARELESS
OR NEGLIGENT MANNER"; DEFINING "PROXIMATE CAUSE"; DEFINING "VEHICLE"; PROVIDING
':THAT PROOF OF NO INTENT TO COLLIDE SHALL NOT BE A DEFENSE; PROVIDING FOR EXCEP-
~TIONS TO FIRE DEPARTMENT AND POLICE DEPARTMENT VEHICLES; AND PROVIDING THAT UPON
'I CONVICTION OF VIOLATION THE FINE SHALL BE IN ANY AMOUNT NOT LESS THAN FIVE DOLLAR
j' ($5,00) NOR MORE THAN TWO HUNDRED DOLLARS ($200.00).
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF LA PORTE, TEXAS, THAT:
SECTION 1 (a): RECKLESS DRIVING: Whoever shall operate any vehicle
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upon any public street, or upon any drive in any public park, within the corpor-
ate limits of the City of La Porte, Texas, in a reckless, careless or negligent
manner, so as to proximately cause, as those terms are hereinafter defined, such
vehicle to collide with any other vehicle of any kind whatsoever or with any
other property at any place within the said corporate limits of the said City of
La Porte, Texas, shall be deemed guilty of "reckless driving", and upon convic-
tion thereof shall be fined in any amount not less than Five Dollars ($5.00), nog
more than Two Hundred Dollars ($200.00).
(b): RECKLESS4 CARELESS OR NEGLIGENT MANNER: The term "reckless,
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careless or negligent manner" as used hereinbefore and as applicable to this
ordinance shall be deemed to mean, and is hereby defined to be any violation of
any traffic law of the State of Texas or any traffic ordinance of the City of
La Porte, Texas, which violation is a proximate cause of any collision between
a vehicle and any other vehicle of any kind whatsoever, or between a vehicle and
any other property, at any place within the corporate limits of the City of La
Porte, Texas.
(c): PROXIMATE CAUSE DEFINED: "Proximate cause" is hereby defined to
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be that efficient cause which, in a natural, continuous, and unbroken sequence,
iwithout the intervention of any independent cause or event, produces an event any
;without which cause that event would not have occurred.
(d): VEHICLE DEFINED: The term "vehicle" is used in this ordinance ~
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in the sense that the same is used in the Uniform Act Regulating Traffic on High
ways, passed by the 50th Legislature (1947), Page 9611, Ch. 421 (Article 67014,
'Vernon's Annotated Texas Statutes) and has the same meaning in this ordinance as
lin the Legislative act.
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(e): PROOF OF NO INTENT: Proof of no intent on the part of any opera
;!tor of any motor vehicle charged with an offense under this ordinance to collidE
(with any other vehicle or with any other property shall be no defense to any
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!}charge filed under the authority of such ordinance.
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(f): Nothing contained in this ordinance shall authorize the prosecu-
Etion of any person for the violation of the same while such person is operating
,any Fire Department or Police Department vehicle of the City of La Porte in the
;performance of his duty, PROVIDED, that it shall not be necessary in any compla~
!action or proceeding under this ordinance to negative this exception, but the
;same shall be proved by the defendant by way of defense.
SECTION 2. All ordinances and parts of ordinances in conflict here-
with are hereby repealed to the extent of such conflict.
SECTION 3. This ordinance shall take effect and be in force from and
after its passage and publication, as required by law.
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Passed and approved this the .~ day of ~-Q~hti~ ~'L~ ,
A. D. 1958.
~ATTES~:
~~Cty Clerk, City of La Porte, Texas
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