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HomeMy Public PortalAboutOrdinance No. 553-86 02-17-1986 ORDINANCE N0. 553 AN ORDINANCE AMENDING THE CODE OF CR.BINANCES, CITY OF RICHLAND HILLS, TEXAS, CHAFT'ER 10, TRAFFIC REGULATIGNS, BY DELETING FRESENT SECTICN 24: DRIVING CN SIDEWALKS PROHIBITED ANB SUBSTITUTING THEREFOR A NEW SECTICN 24 PROHIBITING THE DRIVING AND/CR FARKING ON SIDEWALKS ANB CURBS AND PROHIBITING DAMAGE TO STREETS, SIDEWALKS ANB CURES, REQUIhING THE OW1vER ADD/OR BRIVER TO PAY FOR ANY DAMAGES TO SUCH SIDEWALK, CURB, OR STREET; CREATING A REBUTTABLE PRESUMPTION TY~AT THE OWNER OF THE VEHICLE IS THE OPERATOR OF THE VEHICLE; PROVIDING A FENALTY; FROVIDING FCR PUBLICATION AND FROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF • RICHLANB HILLS, TEXAS, THAT: I. Chapter 10, Traffic Regulations, present Section 24: BRINING ON SIBEWALKS PROHIBITED of the Code of Ordinances, City of Richland Hills, Texas, be and it is hereby deleted from said Code of Ordinances. II. Chapter 10, Traffic Regulations, of the Code of Ordinances, City of Richland Hills, Texas, is hereby amended by adding a new section 24 in lieu of the former Section 24, which new section shall read as follows: "SECTION 24: DRIVING ANB/OR PARKING ON SIDEWALKS AND C_UR_BS PROHIBITED; OWNER AND/OR DRIVER TC PAY FOR DAMAGE TO STREETS, SIBEWALKS, AND CURBS; OWNER PRIMA FACIE THE OPERATOR: A. No person, firm or corporation shall drive, operate, or park a motor vehicle upon, or over a sidewalk except at a permanent or temporary driveway within the corporate limits of the City of Richland Hills, Texas. B. No person, firm, or corporation shall drive, operate, or park a motor vehicle upon, across, or over a curb in any public street within the corporate limits of the City of Richland Hills, Texas. C. No person, firm, or corporation shall turn or maneuver any vehicle upon any street, sidewalk, or curb within the corporate limits of the City of Richland Hills, Texas, in such a way as to cause damage to the surface or structure of such street, sidewalk, or curb. • D. The owner of a motor vehicle used in driving, operating, or parking a motor vehicle upon or over a street, sidewalk, or curb in violation of this Ordinance is presumed to be the driver or operator of the motor vehicle so driven, operated, or parked in violation of this Ordinance. The presumption shall be rebuttable and shall have the effects and consequences set forth in Section 2.05, Vernon's Texas Penal Code Annotated. (vernon's Supp. 1986) . E. Any person, firm, or corporation causing damage to any street, sidewalk, or curb, shall, in addition to such criminal penalty specified herein, be liable in a civil suit or proceeding for all damages, attorneys fees, and costs which the City of Richland Hills, Texas, shall incur or sustain as a result of such damage and the recovery thereof. II. So that the public may be fully informed, the caption of this ordinance shall be published in the official newspaper of the City of Richland Hills, Texas. Further, copies of the ordinance shall be made available by the City Secretary, City of Richland Hills, Texas, upon request by any person interest therein. III. Any person, firm, or corporation violating any portion of this ordinance shall be deemed guilty of a Class C misdemeanor and shall be fined a sum not in excess of $200.00, plus costs of repairs for any damages. IV. This Ordinance shall be effective from and after its passage and publication, and it is so Ordered.. PRESENTED AND PASSER by the City of Richland Hills, Texas, by a vote of ~ "AYES" and 0 "NAYS" and 0 "ABSTENTIONS, this the lath day of ebruarv , 198,,E ~l~l. DAV AN, Nfayor A 'EST: ~ ~ Pauline Kempe, Cit Secretary