HomeMy WebLinkAboutOrdinance No. 2004-23 Title: An ordinance amending the Code of Ordinances to prohibit unreasonable
acceleration on the highways, streets and roads within the City of Friendswood.
ORDINANCE NO. 2004-23
AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE
CITY OF FRIENDSWOOD, TEXAS, BY DELETING THEREFROM
SECTION 74-1 IN ITS ENTIRETY AND BY ADDING A NEW SECTION
74-1 TO PROHIBIT UNREASONABLE ACCELERATION ON THE
HIGHWAYS, STREETS AND ROADS WITHIN THE CORPORATE CITY
LIMITS OF FRIENDSWOOD; PROVIDING A PENALTY OF AN
AMOUNT NOT TO EXCEED $1,000.00 FOR EACH VIOLATION OF ANY
PROVISION HEREOF; PROVIDING FOR SEVERABILITY; AND
REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES
INCONSISTENT HEREWITH.
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WHEREAS, unreasonable acceleration, as defined in this ordinance, of any motor
vehicle on any highway, street or road in the City is hereby declared to be unlawful and a public
nuisance and shall be prohibited; and,
WHEREAS, unreasonable acceleration on city streets also constitutes a traffic safety
hazard to other drivers and pedestrians; and
WHEREAS, the City Council has determined that prohibiting unreasonable acceleration
is necessary for the health, safety and welfare of the citizens of Friendswood; now,therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, STATE OF TEXAS,THAT:
Section 1. The facts and matters set forth in the preamble of this Ordinance are
hereby found to be true and correct.
Section 2. The Code of Ordinances of the City of Friendswood, Texas is hereby
amended by deleting Section 74-1 thereof in its entirety and substituting therefore a new Section
74-1 as follows:
[Sec. 74-1. Rapid acceleration or operation causing lifting of wheel.
It shall be unlawful for any operator or driver of any motor vehicle to
operate or drive such vehicle in any manner which causes a lifting or raising of
any wheel or wheels from the surface of the road, thereby operating such vehicle
on the remaining wheel or wheels, while driving or operating any such vehicle on
a public street or roadway within the city.]
"Sec. 74-1. Unreasonable Acceleration
(a) Definition.
"Unreasonable acceleration"means:
1. Acceleration which spins a tire or tires resulting in the breaking of
traction between a tire or tires and the street surface; and
2. Is accomplished in such a manner as to cause :
a. A squealing or screeching sound by the tires; or
b. The throwin�of sand or rag vel by the tires of the vehicle; or
c. Both
(b) Evidence.
The squealing or screeching sounds emitted bv the tires, or the throwing of
sand or rag vel by the tires, or both. shall constitute Prima Facie evidence
of such unreasonable acceleration for purposes of this Article."
Section 3. Penalty.
Any person who shall violate any provision of this Ordinance shall be deemed guilty of a
Class C misdemeanor and shall, upon conviction thereof, be fined in an amount not to exceed
one thousand and no/100 dollars ($1,000.00). Each day in which any violation shall occur, or
each occurrence of any violation, shall constitute a separate offense.
Section 4. All ardinances or parts of ordinances inconsistent or in conflict herewith
are,to the extent of such inconsistency, hereby repealed.
Section 5. In the event any clause phrase, provision, sentence, or part of this Ordinance
or the application of the same to any person or circumstances shall far any reason be adjudged
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invalid or held unconstitutional by a court of competent jurisdiction, it shall not affect, impair, or
invalidate this Ordinance as a whole or any part or provision hereof other than the part declared to
be invalid or unconstitutional; and the City Council of the City of Friendswood, Texas, declares that
it would have passed each and every part of the same notwithstanding the omission of any such part
thus declared to be invalid or unconstitutional,whether there be one or more parts.
PASSED AND APPROVED on first reading this 18th day of October 2004.
PASSED, APPROVED, and ADOPTED on second and final reading this lst day of
November, 2004.
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Kimball W. Brizendine, Mayor
ATTEST:
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D loris McKenzie, T C
City Secretary
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