HomeMy WebLinkAboutO-2008-3060 amend Ch 70/traversing flooded streets at unreasonable speeds with a vehicle
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Appropriation
Agenda Date Requested: Januarv 14. 2008
Requested By: Wayne J. sM
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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
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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