HomeMy WebLinkAboutOrdinance No. 2022-15ORDINANCE NO.2022-15
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FRIENDSWOOD, TEXAS, AMENDING CHAPTER 82 "TRAFFIC AND
VEHICLES," ARTICLE I "IN GENERAL," SECTION 824 "UNREASONABLE
ACCELERATION" OF THE FRIENDSWOOD CITY CODE 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 TWO
THOUSAND AND NO/100 DOLLARS ($2,000.00) FOR EACH VIOLATION OF
ANY PROVISION HEREOF; REPEALING ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT HEREWITH; PROVIDING
FOR SEVERABILITY, PUBLICATION AND THE EFFECTIVE DATE.
WHEREAS, unreasonable acceleration, as defined in this ordinance, hereby constitutes 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 umreasonable 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. That Chapter 82 "Traffic and Vehicles," Article I "In General," Section 82-
1 "Unreasonable Acceleration" of the Friendswood City Code is hereby amended to read as
follows:
CHAPTER 82. TRAFFIC AND VEHICLES
ARTICLE I. IN GENERAL
Sec. 82-1. Unreasonable acceleration.
(a) Offense. It shall be unlawful for anv operator or driver of anv motor vehicle to
operate or drive such vehicle in anv manner which causes umreasonable
acceleration while driving or operating any such vehicle on a public street or
roadway within the city.
([a]b) Definition.
"Unreasonable acceleration," as used in this section, means:
1. Acceleration which
spins a
Lire 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 tluowing of sand or gravel by the tires of the vehicle; or
c. Both.
([b], Evidence. The squealing or screeching sounds emitted by the tires ot• the
throwing of sand or gravel by the tires, or both shall constitute prima facie
evidence of such unreasonable acceleration for purposes of this Article.
Section 3. 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 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, 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, 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.
Section 6. That this ordinance shall become effective from and after its date of passage and its
publication, as provided by law.
PASSED and APPROVED on first reading this 6°i day c
ATTEST: �Q
t4A KA/I yol�
RENEE KROSS, Deputy City Secretary
APPROVED AS TO FORM:
�•
♦ �`
��ORNER, City Attorney
—
PASSED, APPROVED and ADOPTED on second and
MI
0
BRYSCH, City
APPROVED AS TO FORM:
H:\City Council\Ordinances\2022\06-06-2022\Ordinance - Acceleralion.docx
this 11°' day of July, 2022.