From
Fred Bates, Jr.
Title
Ordinance amending Chapter 25, "Traffic", of the Code of Ordinances of the City of Grand Prairie by adding new Section 25-6 "Unreasonable Acceleration" and Section 25-7 "Prohibited Uses of a Motor Vehicle in a Parking Lot"; Providing a penalty; Providing a savings clause and a severability clause; and providing an effective date upon passage and publication
Presenter
Daniel Scesney, Chief of Police
Recommended Action
Approve
Analysis
The Police Department continues to review and evaluate the various ordinances in the City of Grand Prairie that provide for the safety and increased quality of life for all its citizens. The Department has found that the safety of its citizens has been unreasonably placed in jeopardy due to the unsafe acceleration or other reckless uses of motor vehicles on City streets, alleys, and parking lots. There is currently no law or ordinance in place to allow for ticketing and fining of individuals who recklessly conduct themselves in this manner. An ordinance prohibiting these particular reckless uses of motor vehicles in the City will help the Department provide for safer streets through continuous education and enforcement.
Financial Consideration
None
Body
AN ORDINANCE AMENDING CHAPTER 25, “TRAFFIC”, OF THE CODE OF ORDINANCES OF THE CITY OF GRAND PRAIRIE, TEXAS; BY ADDING A NEW SECTION 25-6 "UNREASONABLE ACCELERATION" AND SECTION 25-7 “PROHIBITED USES OF A MOTOR VEHICLE IN A PARKING LOT”; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE AND A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE UPON PASSAGE AND PUBLICATION
WHEREAS, the City desires to protect the safety of patrons from unreasonable or unsafe acceleration or other reckless uses of a motor vehicle in a street, alley, or parking lot and there is no law or ordinance in place to allow for ticketing and fining for these actions.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS:
Section 1. That Chapter 25, “Traffic,” is hereby amended by adding a new Section 25-6 to read as follows:
“25-6. Unreasonable Acceleration.
(a) Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
For purposes of this section, the rate of acceleration is presumed to be unsafe or unreasonable if:
(1) The acceleration causes a tire or tires to spin such that there is a break in the traction between a tire or tires and the street surface; and
(2) The acceleration is accomplished in such a manner as to cause:
a. A squealing or screeching sound by the tires; or
b. The throwing of sand or gravel by the tires of the vehicle; or
c. Any amount of smoke to be emitted; or
d. Residue on any portion of the roadway by any tire of the vehicle; or
e. Any portion of the vehicle to swerve or exit its lane of travel; or
f. Damage to any person or another vehicle or the property of another; or
g. All of the above.
(b) Offense. A person commits an offense if, while operating a motor vehicle, they accelerate the vehicle, by any means at an unsafe or unreasonable rate of speed or in an unsafe manner as described in Subsection (a).
(c) Exception. It is a defense to prosecution under that, while operating a motor vehicle, a person accelerated the vehicle by any means at an unsafe or unreasonable rate of speed or in an unsafe manner as described in Subsection (a) if an emergency created the necessity for such operation.
(e) Evidence. The squealing or screeching sounds emitted by the tires, or the throwing of sand or gravel by the tires, or both, shall constitute prima facie evidence of such unreasonable acceleration for purposes of this chapter.”
Section 2. That Chapter 25, “Traffic,” of the Code of Ordinances of the City of Grand Prairie, Texas, is hereby amended by adding a new Section 25.7 to read as follows:
“Section 25.7. Prohibited Uses of a Motor Vehicle in a Parking Lot.
(a) Offense. A person commits an offense if they, while operating a motor vehicle in a parking area:
(1) bring that motor vehicle to a sudden stop or rapidly accelerates said motor vehicle; or
(2) blow the horn of the vehicle in a manner calculated to disturb a person of ordinary sensibilities when there is no reasonable necessity for the protection of a person or property; or
(3) hold a race or contest for speed with another motor vehicle or vehicles.”
Section 3. That a violation of any provision of this Ordinance shall be a misdemeanor punishable in accordance with Section 1-8 of the Code of Ordinances of the City of Grand Prairie, Texas.
Section 4. That Chapter 25, “Traffic,” of the Code of Ordinances of the City of Grand Prairie, Texas, as amended, shall be and remain in full force and effect save and except as amended by this Ordinance.
Section 5. That the terms and provisions of this Ordinance are severable and are governed by Section 1-4 of the Code of Ordinances of the City of Grand Prairie, Texas.
Section 6. All ordinances or parts of ordinances not consistent or conflicting with the provisions of this Ordinance are hereby repealed. Provided that such repeal shall be only to the extent of such inconsistency and in all other respects this Ordinance shall be cumulative of other ordinances regulating and governing the subject matter covered in this Ordinance.
Section 7. That this Ordinance shall be and become effective immediately upon and after its passage and publication.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAND PRAIRIE, TEXAS ON this the 1st day of september, 2020.