HomeMy WebLinkAboutO-1980-1244
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ORDINANCE NO. 1244
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; CONTAINING EXCEPTIONS; PROVIDING
THAT ANY PERSON VIOLATING THE TERMS OF THIS ORDINANCE SHALL BE
DEEMED GUILTY OF A MISDEMEANOR AND SHALL UPON CONVICTION BE
FINED NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE
DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. Section 25-33, "Negligent Collision," Chapter
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25, TRAFFIC, of the Code of Ordinances of the City of La Porte,
is hereby amended, and shall hereafter read as follows, to-wit:
"Section 25-33. Negligent Collision.
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"( a) If any driver or operator of a vehicle upon any
public street, highway, or upon any drive in a publ ic 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 City of La Porte, shall with negligence, cause
damage to or collide with any other vehicle of any kind what-
soever, 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 City of La Porte, he
shall be deemed guilty of negligent collision.
n (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.
" (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.
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"(d) A person acts with criminal negligence, or is
criminally negligent, with respect to circumstances surround-
ing his conduct or the result of his conduct when he ought to
be aware of a substantial and unjustifiable risk that the
circumstances exist or the result will occur. The risk must
be of such a nature and degree that the failure to perceive
it consti tutes a gross deviation from the standard of care
that an ordinary person would exercise under all the circum-
stances as viewed from the actor's standpoint."
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1244
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Ordinance No.
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Section 2. The City Council officially finds, deter-
mines, 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,
Article 6252-17, Texas Revised Civil Statutes Annotated ~ and
that this meeting has been open to the public as required by
law at all times during which this ordinance and the subject
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 30 Any person, as defined in Section 1.07(27),
Texas Penal Code, who shall violate any provision of the
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).
Section 4. 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
in the Ci ty of La Porte at least twice wi thin ten (10) days
after the passage of this ordinance.
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PASSED AND APPROVED this the 17th day of December ,
1980.
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CITY OF LA PORTE
By J. J. M@
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Ordinance No. 1244
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ATTEST:
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APPROVED:
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Cl.ty Attorney