From
Anda Upchurch
Title
Ordinance amending Section 25-31 of the Code of Ordinances by eliminating a culpable mental state for truck route violations and providing for a savings clause and effective date
Presenter
Walter Shumac III, P.E., Director of Transportation
Recommended Action
Approve
Analysis
Most traffic offenses are strict liability offenses, meaning that the State does not have to prove that the defendant intended on violating the law or that the defendant knew that they were violating the law. The current truck route ordinance requires that the State prove that the defendant acted intentionally or knowingly, which imposes an unnecessary hurdle in prosecution.
Financial Consideration
There is no financial impact as a result of this change.
Body
AN ORDINANCE OF THE CITY OF GRAND PRAIRIE, TEXAS, AMENDING SECTION 25-31 OF THE CODE OF ORDINANCES BY ELIMINATING A CULPABLE MENTAL STATE FOR TRUCK ROUTE VIOLATIONS AND PROVIDING FOR A SAVINGS CLAUSE AND EFFECTIVE DATE.
WHEREAS, The City of Grand Prairie has the responsibility to protect the public health and safety within the community; and
WHEREAS, it is in the interest of justice that this ordinance be changed to a strict liability offense.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
SECTION 1. That Section 25-31 of the Code of Ordinances of The City of Grand Prairie by amending subsection (a) and (d), which should read as follows:
Sec. 25-31. - Truck routes.
(a) No person shall intentionally and knowingly operate any vehicle with (3) or more axles and/or with a rated capacity in excess of one and one-half (1 1/2) tons according to the manufacturer's classification upon any public street, except upon such streets as are designated as truck routes in the traffic register. Whenever any street designated as a truck route is being repaired or is otherwise temporarily out of use, the traffic engineer is authorized to designate alternate truck routes for such periods as may be necessary.
(d) No person shall intentionally and knowingly operate a vehicle that falls within the criteria set forth in subsection (a) above on any street not designated as a truck route without having in his or her possession a log book, delivery slip, or other evidence of destination and point of origin for such vehicle.
SECTION 2. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Grand Prairie, and this ordinance shall not operate to repeal or affect any other ordinance except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance(s) are hereby repealed.
SECTION 3. If any portion of this ordinance is declared to be invalid or unconstitutional, such holding shall not affect the validity of the remaining portions of this ordinance, and all provisions shall remain in full force and effect.
SECTION 4. This ordinance shall become effective from and after its passage and publications as provided by law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS, ON THIS THE 15TH DAY OF SEPTEMBER, 2015.