HomeMy WebLinkAboutO-1976-1046
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OEDINANeE NO. 1046
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; eONTAINING EXCEPTIONS; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OFA MISDEMEANOR AND UPON eONVICTION SHALL BE
FINED IN ANY SUM NOT MORE THAN TWO HUNDRBD DOLLARS ($200.00);
AND PROVIDING AN EFFEeTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY eOMMISSION OF THE CITY OF LA PORTE:
Section 1. Section 25-33, "Negligent Collision," under
ehapter 25, TRAFFIC, of the eode of Ordinances of the City of
La Porte, is hereby amended, and shall hereafter read as
follows, to-~it~,
"Section 25-33. ,Negligent Collision.
" (a) If any driver or operator of a vehicle upon any
public street, hig~way, or upon any drive in a public 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 eity of La Porte, shall with negligence, which
term is hereby defined as the doing of that which a person of
ordinary prudence would not have done under the same or similar
circumstances, or the failure to do that which a person of
ordinar.y prudence would have done under the same or similar
circumstances, cause damage to or collide with any other
vehicle of any kind whatsoever, 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 eity of La Porte, he shall be deemed guilty of negligent
collision.
II (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,
II (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."
Section 2. Any person, as defined in Section 1.07(27),
Texas Penal eode, who shall violate any provision of this
ordinance, shall be deemed guilty of a misdemeanor and upon
conviction shall be punished by a fine not to exceed Two
Hundred Dollars ($200.00).
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Ordinance No. 1046
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Section 3. This Ordinance shall be effective fourteen
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(14) days after its passage and approval. The City Clerk
shall give notice of the passage of this ordinance by causing
the caption hereof to be published in the official newspaper
in the eity of La Porte at least twice within ten (10) days
after the passage of this ordinance.
PASSED AND APPROVED, this the 2nd day of August, 1976.
CITY OF~
~o~e, Ma;:::O~Tem
By
ATTEST:
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CJ.ty e~l:J ~
APPROVED: ~
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City Attorney' ,
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