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HomeMy WebLinkAboutOrdinance - 7891-1979 - Ordinance 7891 Amendi Article IV/Chapt. 18 Addi Sec.18-32.2/Presumption Hit/Run - 07/12/19791 J!.1>GV:hw ORDINANCE NO. 7891 ~~ l=================~;;;;;;;;;;;;;;;;;;;;;;;;;;;;;;~==i= "" .. ~' . l"if --- 1.... ·1·" jb" . t 1" \ i AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 18 OF THE CODE OF ORDINANCES OF THE CITY OF LUBBOCK, TEXAS, BY ADDING THERETO A SEC. 18-32.2 ENTITLED "PRESUMPTION IN HIT AND RUN ACCIDENTS" PROVIDING THAT PROOF OF OWNERSHIP OF A VEHICLE SHALL BE PRIMA FACIE EVIDENCE THAT SUCH OWNER WAS THE DRIVER OF AN. AUTOMOBILE INVOLVED IN A HIT AND RUN ACCIDENT UNLESS SUCH PRESUMPTION IS RE- BUTTED BY COMPETENT EVIDENCE; PROVIDING A SAVINGS CLAUSE AND PROVIDING FOR PUBLICATION. WHEREAS, the City Council of the City of Lubbock has determined that the citizens of the City of Lubbock suff~r property damage and personal injuries as a result of hit and run accidents in which the owner of the vehicle involved will not reveal the driver of the vehicle at the time of the accident to the Police Department and that the health, safety and general welfare of the citizens of the City of Lubbock would benefit from the passage of this Ordinance; NOW THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: SECTION 1. THAT the Code of Ordinances of the City of Lubbock BE and is hereby amended by adding to Article IV of Chapter 18 a Sec. 18-32.2, which shall read as follows: Sec. 18-32.2. PRESUMPTION IN HIT AND RUN ACCIDENTS. The person in whose name a vehicle is registered shall be presumed to be the driver of any vehicle involved in an accident resulting in damage or injury to any person or property, when the driver of such vehicle shall fail to stop and render the duties required of a driver involved in a motor vehicle accident under State law and City ordinances. Proof of ownership may be made by production of a copy or facsimile of the registration of a vehicle with the State Department of Highways and Public Transportation or the County Motor Vehicle Licensing Depart- ment or any other licensing authority showing the name of the person to whom the license plates for the vehicle were issued. This proof shall constitute prima face evidence of the fact that the person to whom such certificate of registration was issued was the driver of the automobile involved in a hit and run accident. This presumption may be rebutted by competent evidence. SECTION 2. THAT should any section, paragraph, sentence, clause, phrase or word of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of the Ordinance shall not be affected thereby. II .... 1:>GV:hw SECTION 3. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption of this Ordinance as an alternative method of publication as provided by law. AND IT IS SO ORDERED. Passed by the City Council on first reading this 12th day of July ' 1979. Passed by the City Council on second reading this 26th day of July ' 1979. ~~ ...... --. WEST,MAYOR -AT'IEST: ~ . . ' APPROVED AS .. TO CONTENT: APPROVED AS TO FORM: ' . fiJ,JNf)f) .b.7~1W Donald G. Vandiver First Assistant:City Attorney I .