HomeMy WebLinkAboutOrdinance No. 2002-20 ORDINANCE NO. 2002-20
AN ORDINANCE AMENDING THE CODE OF ORDINANCES, OF THE
CITY OF FRIENDSWOOD, TEXAS, BY ADDING TO ARTICLE III OF
CHAPTER 74 THEREOF A NEW SECTION 74105; PROVIDING RULES
AND REGULATIONS GOVER1vING THE USE OF MOTOR VEHICLES
AND BOAT5 ON ALONG AND UPON FLOODED 5TREETS;
PROVIDING IT UNLAWFUL TO OPERATE A MOTOR VEHICLE OR A
BOAT ALONG OR UPON A FLOODED STREET IN SUCH A MANNER
AS TO CREATE A WAKE WHICH RAISES WATER TO LEVELS
WHICH CAUSE OR WOULD BE REASONABLY EXPECTED TO
CAUSE DAMAGE TO ADJACENT PROPERTIES; PROVIDING A
PENALTY IN AN AMOUNT NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH DAY OF VIOLATION OF ANY
PROVISION HEREOF; REPEALING ALL ORDINANCES OR PARTS
OF ORDINANCES IN CONFLICT WITH THIS ORDINANCE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING FOR
SEVERABILITY.
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WHEREAS, historical rainfalls within and upon the City of Friendswood, and within
and upon watersheds which drain through various regions of the City, have caused extensive
damages to property from flooding; and,
WHEREAS, the operation of motor vehicles and boats upon the streets of the City
during these extensive flooding events, and the creation "wakes" resulting from such operations,
have caused or exacerbated damages to other vehicles and adjacent properties; and,
WHEREAS, the City Council of the City of Friendswood, Texas, hereby finds and
determines that public health, safety and welfare requires the adoption of rules and regulations
governing the operation of motor vehicles and boats upon flooded streets within the City; now
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FRIENDSWOOD,
STATE OF TEXAS:
Section 1. No Wake on Flooded Street. It shall be unlawful for any person to
operate a motor vehicle or a boat on a flooded street, highway, alley, or parking lot, whether
publicly or privately owned, in such manner as to increase the level of flood waters to a level
which causes, or could be reasonably expected to cause, damage to other vehicles, adjacent
real property, or improvements located on adjacent real property.
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Section 2. It shall be an affirmative defense to a violation under Section 1 above
that the operator of the motor vehicle or boat was operating same during a bona fide public
emergency necessitating the use of speed otherwise in violation hereof.
Section 3. Penal . Any person who shall violate any provision of this Ordinance
shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined in an
amount not to exceed two thousand and no/100 dollars ($2,000.00). Each day in which any
violation shall occur, or each occurrence of any violation, shall constitute a separate offense.
Section 4. All ordinances or parts of ordinances inconsistent or in conflict herewith
are, to the extent of such inconsistency or conflict, 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 for any reason be
adjudged 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,
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 4th day of tvoveml�er , 2002.
PASSED, APPROVED, and ADOPTED on second and final reading this 18th day of
November , 2��2.
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Harold L. Whitaker
Mayor
ATTEST
.
De oris McKenzie, T C
City Secretary
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