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HomeMy WebLinkAboutOrdinance 0321 ~ · · · ~ ~.. ~ ORDINANCE NO. 321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, SETTING FORTH THE OFFENSE OF NEGLIGENT COLLISION; DEFINING THE OFFENSE; DEFINING NEGLIGENCE FOR THE PUR- POSE OF THIS ORDINANCE; DESCRIBING PRIMA FACIE EVIDENCE OF THE OFFENSE; SETTING FORTH CERTAIN TYPES OF ACCIDENTS AND THE REQUIREMENTS OF EACH; SETTING FORTH THE NECESSITY OF IMMEDI- ATE REPORTS OF ACCIDENTS AND THE DUTY OF OCCU- PANT TO MAKE REPORT; SETTING FORTH A PENALTY FOR VIOLATION OF SUCH AN OFFENSE BY FINE NOT TO EXCEED TWO HUNDRED ($200.00) DOLLARS; AND DE- CLARING AN E1ffiRGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS: SECTION 1. No person driving or operating or in charge of any motor vehicle, animal, railroad car or any other vehicle shall willfully or with negligence cause or suffer or permit the same to come in collision with any other vehicle or any nature whatsoever, or with any animal, person, street sign, street post, water plug, mail box or any other obstacle or object whatever, in or on any street, alley, avenue, highway, parking lot or other public place whatever, in the City of North Richland Hills, Tarrant County, Texas. Violation of this Section shall be known as tile offense of "Negligent Collision." (a) For the purposes of the foregoing Section, negligence shall be the driving at a greater rate of speed than allowed by law or the violation of any traffic law or ordinance or the failure to use that degree of care and caution that a person of ordinary prudence would use under like or similar circumstances. (b) Proof of a collision shall be prima facie evidence of the offense of Negligent Collision and proof of no intent to injure shall be no defense to a charge of Negligent Collision. SECTION II. The driver of any vehicle involved in an accident resulting in injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close ~ ~ · · · ~ ~ thereto as possible but shall then forthwith return to, and in every event shall remain at the scene of the accident until he has fulfilled the requirements of Section IV. Every such stop shall be made without obstructing traffic more than is necessary. SECTION 111. The driver of any vehicle involved In an accident resulting in only damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible but shall forth- with return to, and in every event shall remain at the scene of such accident until he has fulfilled the requirements of Section VI (b). Every such stop shall be made without obstructing traf- fic more than is necessary. SECTION IV. (a) The driver of any vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give his name, address and the registration number of the vehicle he is driving and shall upon request, and if available, exhibit his operator's, commercial operator's or chauffeur's license to the person struck or the driver of or occupant of, or person at- tending, any vehicle collided witll and shall render to any per- son injured in such accident reasonable assistance, including the carrying, or the making arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such carrying is requested by the injured person. (b) The driver of a vehicle involved in an accident resulting in injury to or death of any person or damage to any vehicle shall, unless physically disabled, remain at the scene of the accident until released by the investigating police officer. SECTION V. The driver of any vehicle which collides with and damages any vehicle which is unattended shall immediately stop and shall then and there either locate and notify tile operator or owner of such vehicle of the name and address of the driver and owner of the vehicle striking the unattended vehicle or shall leave in a conspicuous place in or securing it to and plainly visible on the vehicle struck, a written notice giving the name and address of the driver and of the owner of the vehicle doing the striking and a statement of the circumstances thereof. ~ ~~ - ~ SECTION VI. . The driver of any vehicle involved In an accident resulting only in damage to fixtures legally upon or adjacent to a highway shall take reasonable steps to locate and notify the owner or person in charge of such property of such fact and of his name and address and of the registration number of the vehicle he is driving and shall upon request, and if available exhibit his operator's, commercial operator's or chauffeur's license, and shall make a report of such when and as required in Section VIII hereof. SECTION VII. The driver of a vehicle involved in an accident re- sulting in injury to or death of any person or total property damage to an apparent extent to TWENTY l<'IVE AND NO/IOO ($25.00) DOLLARS or more, shall immediately by tHe quickest means of communication give notice of such accident to the police de- partment. SECTION VIII. . (a) The driver of a vehicle involved in an accident resulting in injury to or death of any person or total property damage to an apparent extent of TWENTY FIVE AND NO/IOO ($25.00) DOLLARS or more shall within twenty-four (24) hours after such accident, forward a written report of such accident to the Chief of Police, if so directed. (b) The Chief of Police may require any driver of a vehicle involved in an accident of which report must be made as provided in this Section to file supplemental reports whenever the original report is insufficient in his opinion and he may require witnesses of accident to render reports to him. (c) Every law enforcement officer, who, in the regular course of duty, investigates a motor vehicle accident of which report must be made as provided in this Section, either at the time of and at the scene of the accident or thereafter by inter- viewing participants or witnesses shall within twenty-four (24) hours after completing such investigation, forward a written report of such accident to the Chief of Police. SECTION IX. . Whenever the driver of a vehicle is physically unable or incapable of making a required accident report and there is another occupant in the vehicle at the time of the accident capable of making a report, such occupant shall make or cause to be made said report. ........ , / ~~ . ~' _ .. f ~ r' · · · ~ SECTION X. Any person violating any of the provisions of this Ordinance shall be deemed quilty of a misdeamor and upon convic- tion thereon shall be fined in any sum not to exceed TWO HUNDRED AND NO/IOO ($200.00) DOLLARS. SECTION XI. Due to the necessity of the above Ordinance on Negligent Collision and the inadequency of the State law to cover such area as Negligent Collision which authorities is given to the cities in the State of Texas to control and due to the fact that time is of the essence and that such controls are needed immediately, an emergency is declared in order that this Ordinance may take effect upon approval of the City Council on first reading and after publication as prescribed by law. PASSED, APPROVED AND ADOPTED this 8th day of June ,1970, by a vote of 7 Councilmen for and 0 Council- men against. c -71 ' " r~--// /Í" - ~{(¡¿ni:(,:- '\( ~1.{{¡~1 AT'rEST: L:,;/ 6~~~/ CŒ.T{ SECRfTARY / .- ~ ... c: J'---J ~'---~ APPROVED AS TO LEGALITY AND FORM: o ~ ì'i\h-~,"J Jii¡'· ATTORNEY ~ LEGAL AFFIDAVIT THE STATE OF TEXAS: COUNTY OF rrARa''\NT: Before me, the undersigned authority on this day personally ~lesnor Lewis . h appearea known to me to be a credIble person. w 0 first being sworn, deposed and upon her oath said: Bookkeeper Mid Cities Daily News That she is the of the , a newspaper which has been regularly and continuously published and of general circulatioh in the City/Town of Hurst , for a period of more than one year next preceding the first publication of the attached Legal Notice and that he caused said notice to be published in said newspaper on the following date/so 6-24-70 That the attached is a true and correct copy of said notice as pub- lished on said date/s in said Mid C i tie s Daily News ~4 'J-I/" " ,-~7L Vt--1..../'¡ I/-x( ~ Is t July Sworn to and subscribed before me, this the_day of_, 19'22. ublic, Tarr fin t County, Texas ORDINANCE NO. 321 AN ORDINANCE OF THE CITY ('{}J TNrn. OF THE CITY OF NORTH RICHLAND HILLS, TEXAS, SETTING FORTH THE OFFENSE OF NEGLIGENT COLLISION; DEFINING THE OFFENSE- I DEFINING NEGLIGENCE FOR THE PURPOSE OF THIS ORDINANCE; DESCRIBING PRIMA FACIE EVIDENCE' OF THE OFFENSE; SET- TING FORnI CERTAIN TYPES OF ACCIDENTS AND THE REQtJIREMENTS OF EACH; SETTING FORTH THE NECESSITY OF IMME· DIATE REPORTS OF ACCI· DENTS AND THE DUTY OF OCCUPANT TO MAKE RE- PORT; SETTING FORTH A PENALTY FOR VIOLATION OF SUCH AN OFFENSE BY FINE NOT TO EXCEED 'lWO HUNDRED <$æG.00) DOL- LARS; AND DECLARING AN EMERGENCY. . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND HILLS, TARRANT COUNTY, TEXAS: PASSED, APPROVED AND I ADOPTED this 8th day of! June, 19'10, by a vote 017 Coun- cilmen for and 0 Councilmen against. -s- Marion L. Massey Mayor ATTEST: -s- EvalYD R. Huston CITY SECRETARY APPROVED AS TO LEGALI- TY AND FORM: Dennis Morrow CITY ATTORNEY MC Legal No. 8219, Pub. 6-U 70.