HomeMy WebLinkAboutORD 76-55•
ORDINANCE NO. 17� "
ENTITLED AN ORDINANCE ESTABLISHING THE OFFENSE OF
NEGLIGENT COLLISION; PROVIDING FOR DEFINITIONS;
PROVIDING FOR A PRIMA FACIE PRESUMMPTION OF NEGLI-
GENCE IN THE INSTANCE OF REAR END COLLISIONS; PRO-
VIDING FOR SEVERABILITY; PROVIDING FOR REPEAL AND
PROVIDING A PENALTY.
BE IT ORDAINED BY THE CITY OF BEAUMONT:
Section 1.
THAT Chapter 37, Section 37-25 of the Code Ordinances of the City
of Beaumont be and the same as hereby repealed and a new'Section 37 -25 -be
enacted to read as follows:
37-25 NEGLIGENT.COLLISION
(a) If any person while.driving or operating any vehicle within
the corporate limits of the city shall wilfully or with negligence, cause,
suffer, or pen -nit the same to come into collision with any other vehicle,
animal, person, or property in or on any street or highway, such person shall
be deemed guiltyof a misdemeanor.
(b) Proof of no intent to injure shall not be deemed a defense to
a charge of violating this section.
(c) The term "negligence", as used in subsection (a) of this section,
is defined to mean the want of care, attention, and caution as a person of
ordinary prudence would use under the same of similar circumstances, and
shall include but not be limited to the following:
(1) Failure to maintain a proper lookout;
(2) Failure to apply brakes;
(3)' Failure to maneuver right or left to
avoid colliding with a fixed or
stationary object.
(d) In any prosecution charging a violation of this section, proof
that the driver or operator of a vehicle collided with the rear of another
vehicle proceeding in the same direction or with a fixed or stationary object
shall constitute in evidence a prima facie presumption that such driver was
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negligent in the operation of such vehicle; provided, however, that such pre-
sumption may be rebutted by the person.charged with violating this section
with evidence to the contrary; and provided further that the presumption es-
tablished herein shall have the evidentiary consequences enumerated in
Chapter 2 of the Texas Penal Code.
Section 2.
That if any section, subsection, sentence, clause or phrase of this
ordinance, or the application of same to a particular set of persons or cir-
cumstances, should for any reason be held to be invalid, such invalidity shall
in no wise affect 'the remaining portions of this ordinance, and to such end
the various portions and provisions of this ordinance are declared to be
severable.
Section 3.
Any person who violates any provision of this ordinance shall, upon
conviction, be punished as provided in Section 1-8 of the Code of Ordinances
of Beaumont, Texas.
Section 4.
All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
PASSED BY THE CITY COUNCIL of the City of Beaumont .this the v?Q
day of 1976.
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