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HomeMy WebLinkAboutOrdinance 3043ORDINANCE NO. 3043 AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 54 OF THE NORTH RICHLAND HILLS CODE OF ORDINANCES BY ADDING A NEW SECTION 54-182 ESTABLISHING, FOR THE PURPOSES OF PROSECUTION OF OFFENSES INVOLVING THE STOPPING, STANDING OR PARKING OF AN UNATTENDED MOTOR VEHICLE, A PRESUMPTION THAT THE REGISTERED OWNER OF SUCH VEHICLE COMMITTED SUCH OFFENSE; PROVIDING FOR SEVERABILITY AND PROVIDING FOR PUBLICATION. WHEREAS, Section 545.308, Texas Transportation Code provides for the establishment of a presumption for the purpose of prosecution of certain offenses that the registered owner of an unattended motor vehicle was the person who stopped, stood, or parked such vehicle; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS: Section 1. Article IV of Chapter 54 of the North Richland Hills Code of Ordinances is hereby amended by adding thereto a new Section 54-182 which shall read as follows: "Sec. 54-182. Presumption of Ownership For the purpose of prosecution of any offense under this Chapter or under Subchapter G of Chapter 545 of the Texas Transportation Code which involves the stopping, standing or parking of a vehicle which is found unattended, it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred." Section 2: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional or otherwise invalid by the final judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the city council without the incorporation in this ordinance of any such invalid phrase, clause, sentence, paragraph or section. Ordinance No. 3043 Page 1 of 2 Section 3: The City Secretary is hereby authorized and directed to cause the publication of the descriptive caption and penalty clauses of this ordinance as an alternative method of publication provided by law. AND IT IS SO ORDAINED. PASS~~m~4ND APPROVED on this 23rd day of March, 2009. ~~ p~-M1p1 ~~R1CH~LAN4~~ ti ~ ,~ ,~ ~ .Q '` ~ ~y~ zi' ~` r~ D ti ~ ~ ~ y$ ~9~ ~ +~ ~ ~'• Sd ~,~ ui m~~o . Patricia Hutson, City Secretary CITY OF~N4RTH RI By: (, ~ Oscar Tre ' o, ayor D HILLS k AP S O ORM AND LEGALITY: George A. Staple ,City Attorney APPROVED AS TO C~f~ITENT: y P~~'ue, Assistant City Manager Ordinance No. 3043 Page 2 of 2