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Ordinance No. 597• ORDINANCE NO. 597 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, PROVIDING THAT IF ANY DRIVER OR OPERATOR OF A VEHICLE SHALL WILFULLY OR WITS-, NEGLIGENCE COLLIDE WITH OR CAUSE DAMAGE TO ANY OTHER VEHICLE OR PROPERTY WHATSOEVER HE SHALL BE GUILTY OF NEGLIGENT COLLISION; DEFINING WIL- FULLY OR WITH NEGLIGENCE" BY ADOPTING THE DEFINITION CONTAINED IN THE PENAL: CODE OF THIS STATE IN THE TITLE AND CHAPTER "NEGLIGENT HOMICIDE "; DEFINING"VEHICLE "; PROVIDING THAT PROOF OF NO INTENT TO COLLIDE SHALL NOT BE A DEFENSE; REPEALING ORDINANCES IN CONFLICT.HEREWITH; CONTAINING A SAVINGS CLAUSE; PRESCRIBING A MAXIMUM PEN- ALTY OF TWO HUNDRED ($200.00) DOLLAARS; AND PROVIDING FOR THE PUBLICATION AND EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN: Section 1: Definition of Terms as used in this ordinance, unless the context otherwise indicates: (a). Negligent Collision: If any driver or operator of a vehicle upon any public street or upon any drive in any public park, within the corporate limits of the City of Baytown, Texas, shall wilfully or with negligence, as is defined in the Penal Code of this State in the Title and Chapter "Negligent Homicide ", collide with or cause damage to any other vehicle of any kind whatsoever, or with any other property at any place within the said corporate limits of the said City of Baytown, Texas, he shall be held guilty of Negligent Collision, and upon conviction shall be punished by a fine of not less than Ten ($10.00) Dollars nor more than Two Hun- dred ($200.00) Dollars. (b . Vehicle: The term "vehicle" is used in this ordinance in the sense that the same is used in the Uniform Act Regulating Traffic on Highways, (Article 67O1d, Vernon's Annotated Texas Sta- tutes) and has the same meaning in this ordinance as in said Legis- lative Act. (c). Proof of no Intent: Proof of no intent on the part of any operator of any vehicle with an offense under this ordinance to collide with any other vehicle or with any other property shall be no defense to any charge filed under the authority of such ordinance. Section 2: Penalty: Any person, firm or corporation violating any provisions of this ordinance or failing to observe any provisions hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than Ten ($10.00) Dollars and not more than Two Hundred ($200.00) Dollars. Section 3: Repealing Clause: All ordinances or parts of ordinances inconsistent with the terms of this ordinance are hereby repealed; provided, however, that such repeal shall be only to the extent of such inconsistency, and in all other respects this ordinance shall be cumulative of other ordi- nances regulating and governing the subject matter covered by this ordinance. ® Section 4: Savings Clause: If any provision, exception, section, sub- section, paragraph, sentence, clause or phrase of this ordinance or the applica- tion of same to any person or set of circumstances, shall for any reason be held unconstitutional, void or invalid, such invalidity shall not affect the validity of the remaining provisions of this ordinance or their application to other per- sons or sets of circumstances and to this end all provisions of this ordinance are declared to be severable. Section 5: Effective Date: This ordinance shall take effect from and after ten (10) days from its passage by the City Council. The City Clerk is here- by directed to give notice hereof by causing the caption of this ordinance to be published in the official newspaper of the City of Baytown "at least twice within ten (10) days after the passage of this ordinance. INTRODUCED, READ and PASSED by the affirmative vote of a majority of the City Council of the City of Baytown, on this the qd day of Tom, 1960. ATTEST: Edna Oliver, City Clerk � 0 c: -2- R. H. Pruett, Mayor