Loading...
HomeMy WebLinkAboutO-2008-3060 amend Ch 70/traversing flooded streets at unreasonable speeds with a vehicle 8 REQUEST FOR CITY COUNCIL AGENDA ITEM Appropriation Agenda Date Requested: Januarv 14. 2008 Requested By: Wayne J. sM / Source of Funds: NA Account Number: NA Department: Plannin2 Amount Budgeted: NA Report: _Resolution: _Ordinance:_ X Exhibits: Ordinance SUMMARY The Flooding and Drainage Committee, at their December 3,2007, meeting directed Staff to create an ordinance to establish a violation and a fine for persons driving during a storm and flood conditions in such a manner that causes water to enter structures by wakes being created by excessive speeds. Staff researched various cities and found a suitable example from the City of Neptune Beach, Florida. Upon review of the sample ordinance, the Committee modified the content to a less lenient version by eliminating the chances of a third offense with an escalating fine structure and recommended that the fines be reviewed to make the punishment commensurate with the act. The Committee, at the January 7, 2008, meeting recommended the ordinance be forwarded to City Council for consideration. In coordination with the City Attorney's office, the attached ordinance: . Defines flooded streets as any instance where both the curb and crown of a road, street or other improved right-of-way (ROW) are under water from ROW line to ROW line or where any road, street, alley, easement, right-of-way, or other pathway, regardless of whether equipped with curbs and gutters or otherwise improved, is in such condition due to inundation of water that it potentially increases possibility of damage by flooding to surrounding property or premises." . Establishes that traversing a flooded street (given the above definition) with an automobile, truck, boat or other vehicle or vessel at such a speed as to create a wake therein that causes damage or increased flooding to a property or premises adjoining such flooded Street or Streets as unlawful (except under rescue conditions or when protecting public safety). . Establishes the violation as a class C misdemeanor and upon conviction, a fine not exceeding $500. . Amends Appendix B "Fines" to add the new fine for the violation. It is further recommended that the offense be made a criminal rather than a civil offense for ease of enforcement and prosecution. The method of enforcement will be coordinated by the Police Department. A public hearing is not required. Action Required by Council: Approve an ordinance amending Chapter 70 "Traflic and VehIcles" of the Code of . ances and Appendix B "Fines" establishing rules for traversing flooded streets with vehicles. Ron Bottoms, City Manager \ ORDINANCE NO. 2008 !!;(h 0 AN ORDINANCE AMENDING CHAPTER 70 "TRAFFIC AND VEHICLES" OF THE CODE OF ORDINANCES OF THE CITY OF LA PORTE BY AMENDING SECTION 70-1 "DEFINITIONS", AMENDING SECTION 70-2 "COMPLIANCE WITH CHAPTER", ADDING SECTION 70-76 "TRAVERSING FLOODED STREET WITH VEHICLE", ADDING SECTION 70-77 "PENALTIES FOR VIOLATION OF ARTICLE", AND AMENDING APPENDIX-B "FINES"; PROVIDING A PENALTY OF $500 FOR EACH OFFENSE; PROVIDING A SEVERABLITY CLAUSE; CONTAINING AN OPEN MEETINGS CLAUSE; PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF; AND PROVIDING AN EFFECTIVE DATE HEREOF; WHEREAS, the City of La Porte, Texas (herein, the "City"), being a horne-rule city having authority to utilize police power regulation for the health, safety and general welfare of the citizens of the City; and, WHEREAS, the City Council is de~ply concerned about recent occurrences of flooding of st~eets and~djoining residential and commercial structures; WHEREAS, the City Council finds that the operation on flooded streets at unreasonable speeds creates result in damage or increased flooding to improvements and other property located along and flooded street; and, of vehicles wakes that structural adj acent to WHEREAS, the City Council finds that establishing a policy to restrict the operation of vehicles on flooded streets at speeds that cause wakes will protect property and will reduce the likelihood of a breach to the peace. caused by the creation of wake disturbances and resulting property damage; and WHEREAS, the laws of the State of Texas, including those found in Chapter 51 of the Texas Local Government Code, and the City Charter provide the City authority to adopt ordinances for the good government, peace, order, and welfare of the municipality; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE, TEXAS: Section 1. The foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. Section 2. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by amending Section 70-1 "Definitions", of Article 1 "In General", Chapter 70 "Traffic and Vehicles" of the Code of Ordinances, to add the following definition to be included in said section in proper alphabetical sequence: "Flooded Street means any instance where both the curb and the crown of a road, street, or other improved right-of-way are under water from right-of-way line to right-of-way line, or where any road, street, alley, easement, right-of-way, or other pathway, regardless of whether equipped with curbs and gutters or otherwise improved, is in such condition due to inundation of water that it potentially increases possibility of damage by flooding to surrounding property or premises." Section 3. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by amending Section 70-2 "Compliance with chapter", of Article I. "In General", Chapter 70 "Traffic and Vehicles" of the Code of Ordinances, which said Section shall read as follows: "Sec. 70-2. Compliance with chapter. It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a misdemeanor for any person to do any act forbidden or fail to perform any act required in this chapter. Neither allegation nor evidence of a culpable mental state is required for the proof of an offense defined in this chapter, during the prosecution of such offenses in any criminal proceeding." Section 4. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Section 70-76 "Traversing Flooded Street with Vehicle", of Article III. "Operation of Vehicles", Division 1 "Generally", Chapter 70 "Traffic and Vehicles" of the Code of Ordinances, which said Section shall read as follows: "Sec. 70-76. Traversing Flooded Street with Vehicle. (a) It shall be unlawful for any person to traverse a flooded street in an automobile, truck, boat, or other vehicle or vessel at such speed as to create a wake therein that causes damage or increased flooding to the property or premises adjoining such flooded street or streets. (b) It is an affirmative section that the person was protecting the public order defense to performing a and safety." prosecution under this rescue operation or was Section 5. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Section 70-77 "Penalties for violation of article", of Article I. "In General", Chapter 70 "Traffic and Vehicles" of the Code of Ordinances, which said Section shall read as follows: "Sec. 70-77. Penalties for violation of article. (a) A person who violates any provision of this article shall be guilty of a class C misdemeanor and upon conviction shall be fined an amount not exceeding $500.00. (b) A person who violates subsection 70-75 (e) shall be fined an amount not exceeding $50.00 upon the first conviction and an amount not exceeding $100.00 upon the second and each subsequent conviction. a. The municipal court shall dismiss a charge against a person and/or parent for a first offense under subsection 70-75 (e), upon receiving proof that: i. The defendant operating or riding subsection 70-75(e); acquired a helmet for the person who was the motor assisted scooter in violation of and ii. The defendant acquired the helmet on or before the tenth day after receiving the citation of the violation. b. If the charge against a person is dismissed under subsection 70-76 (b) a., a later conviction for a violation of subsection 70-75 (e) shall be considered a second or subsequent conviction for purposes of subsection 70-76(b)." Section 6. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding new Sections 70-78--70-95 "Reserved", of Article III. "Operation of Vehicles", Division 1 "Generally" Chapter 70 "Traffic and Vehicles" of the Code of Ordinances, which said Section shall read as follows: "Sees. 70-78--70-95. Reserved." Section 7. That the Code of Ordinances of the City of La Porte, Texas is hereby amended by adding Article III. "Operation of Vehicles", Division 1 "Generally", Section 70-76 "Traversing Flooded Street with Vehicle" to Appendix-B "Fines", Chapter 70 "Traffic and Vehicles", which as amended shall read as follows: "Article III. Operation of Vehicles Division 1. "Generally" (a) Fine for violation of S 70-76 (a) .... $500" Section 8. Open Meetings. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subj ect matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 9. Severabili ty. Should any section or part of this ordinance be held unconstitutional, illegal, or invalid, or the application to any person or circumstance for any reasons thereof ineffective or inapplicable, such unconsti tutionali ty, illegality, invalidity, or ineffectiveness of such section or part shall in no way affect, impair or invalidate the remaining portions thereof; but as to such remaining portion or portions, the same shall be and remain in full force and effect and to this end the provisions of this ordinance are declared to be severable. Section 10. Effective Date. This Ordinance shall be effective fourteen (14) days after its passage and approval. The City Secretary shall give notice of the passage of this ordinance by causing the caption hereof to be published in the official newspaper of the City of La Porte at least twice within ten (10) days after the passage of this ordinance, in accordance with the provisions of Chapter 52, Texas Local Government Code, and the City of La Porte Charter. PASSED AND APPROVED on the I LfJI- day of JIl'~IAOf~ 2008. By: 9~ Alton E. Porter Mayor ATTEST: vf7lkti~ f)./Jv!1/ Martha A. Gillett City Secretary APPROVED: ttul.r;f~ CIark T. Asklns Assistant City Attorney