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HomeMy WebLinkAboutO-1976-1046 . . . '.' . '. 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). .' . Ordinance No. 1046 , Page 2. Section 3. This Ordinance shall be effective fourteen . (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: . ~~'-I d , CJ.ty e~l:J ~ APPROVED: ~ ~-aJ " City Attorney' , . .