Ordinance No. 904ORDINANCE NO. 904
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, PROVIDING THAT
IF ANY DRIVER OR OPERATOR OF A VEHICLE SHALL WILLFULLY OR WITH NEGLIGENCE
COLLIDE WITH OR CAUSE DAMAGE TO ANY OTHER VEHICLE OR PROPERTY WHATSOEVER
HE SHALL BE GUILTY OF NEGLIGENT COLLISION; DEFINING "WILLFULLY 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 PENALTY OF TWO HUNDRED ($200.00) DOLLARS;
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 con-
text 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 willfully 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 more than Two Hundred ($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 6701d, Vernon's Annotated Texas Statutes) and has the
same meaning in this ordinance as in said Legislative 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 pro-
visions 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 of not more
than Two Hundred ($200.00) Dollars.
Section 3: Re ealin Clause: All ordinances or parts of ordinances incon-
sistent with the terms of this ordinance are hereby repealed; provided, however,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 ordinances 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 application
of same to any person or set of circumstances, shall for any reason be held uncon-
stitutional, void or invalid, such invalidity shall not affect the validity of the
remaining provisions of this ordinance or their application to other persons 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 hereby
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 11th day of January, 1968.
Seaborn Cravey, Mayo
ATTEST:
s
Una Oliver, City Clerk
APPROVED:
George ftandler, City Attorney