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Home My WebLink About2319 08-22-2022ORDINANCE NO. 2319 AN ORDINANCE OF THE CITY OF EULESS, TEXAS, AMENDING CHAPTER 50, "OFFENSES," ARTICLE II, "CRIMINAL CODE," OF THE CODE OF ORDINANCES, CITY OF EULESS, TEXAS, BY ADDING A NEW DIVISION 4, "STREET RACING," TO PROHIBIT TAKING PART IN STREET RACING, SPECTATING STREET RACES, AND/OR AIDING IN STREET RACING EXHIBITIONS; PROVIDING THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless is a home rule city acting under its charter adopted by the electorate pursuantto Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City of Euless has become aware of street racing incidences occurring within the City limits; and WHEREAS, the City Council finds that street racing endangers public health, safety, and welfare; and WHEREAS the City Council finds it necessary to implement penalties forthose who take part in street racing; and WHEREAS, the City Council has determined that the regulations as outlined herein are in the best interest of the health, safety, and general welfare of the citizens of the City of Euless and the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CITY OF EULESS, TEXAS, THAT: SECTION 1. Chapter50, "Offenses," Article II, "Criminal Code," of the Code of Ordinances, City of Euless, Texas, is hereby amended by adding a new Division 4 to read as follows: "Division 4. Street Racing Sec.50-90 Purpose The purpose of this article is to prohibittaking part in, spectating, and/or aiding in street racing exhibitions within the city limits of the City of Euless. Sec.50-91 Definitions The following words, terms, and phrases used in this division shall have the meanings asset forth in this section. Days means calendardays including weekends and holidays. Exhibitionof acceleration meansthe acceleration of a motor vehicle, whetheroriginally stopped or moving, in such a manner as to cause a tire on the vehicle to excessively spin or lose traction, to cause the driving wheels to create a loud noise, to cause the frontwheel orwheelsto leave the driving surface (commonly known as a "wheelie") or to cause the rear portion of thevehicleto sway or swing from side to side. Immediate Family means spouse, father, mother, sister, or brother by consanguinity or affinity. Off-street parking facility means any public or private off-street parking area open for use by the publicfor parking vehicles, otherthan a private residential property or the parking area of a garage or parking lot forwhich a charge is made for the storing or parking of vehicles. Preparations for a street race or reckless driving exhibition include, butare not limited to, any of the following acts knowingly done for the purpose of causing a street race or reckless driving exhibition: (1) one or more motor vehicles and persons at a predetermined location on a public street, highway, or off-street parking facility; (2) one or more persons gathered on, or adjacent to, a public street or highway; (3) one or more persons gathered in an off-street parking facility; (4) one or more persons impeding the free public use of a public street, highway, oroff-street parking facility by acts, words, or physical barriers; (5) one or more motor vehicles lined up on a public street, highway, or off- street parking facility with motors running, impeding the free public use of a public street, highway, or off-street parking facility or being a physical barrier; (6) one or more drivers revving a motor vehicle's engine or causing the motor vehicle's tires to spin; or (7) a person is standing orsitting in a location to act as a race starter. Reckless driving exhibition means any exhibition of reckless driving as defined in Section 545.401 of the Texas Transportation Code, as amended. Spectator means any person who is present at a street race, reckless driving exhibition, or the site of the preparations for either of these events, when such presence is the result of an affirmative choice for the purpose of viewing, observing, watching, betting, gambling, recording, transmitting, or witnessing the event as it progresses. Ordinance No. 2319, Page 2 of 5 Street race means any motor vehicle race, speed contest, drag race, acceleration contest, or test of physicalend urance of the operator of a motor vehicle as defined in Section 545.420 of the Texas Transportation Code, as amended. Sec. 50-92 Aiding street racing and reckless driving exhibitions A person commits an offense if they knowingly allow street racing, reckless driving exhibitions, or preparations for street racing or reckless driving exhibitions to occur on the premises that the person owns, operates, or controls. Sec.50-93 Spectators prohibited at street races and reckless driving exhibitions (a) In general. It shall be unlawful for any person to be knowingly present as a spectator: (1) at a street race conducted on a public street or highway; (2) at a reckless driving exhibition conducted on a public street, highway, or off-street parking facility; (3) where preparations are being made for a street race conducted on a public street or highway; or (4) where preparations are being made for a reckless driving exhibition conducted on a public street, highway, orin an off-street parking facility. (b) Exemption. Nothing in this section prohibits law enforcement officers or their agents who are acting in the course of their official duties, or media or news personnel who are reporting on the event from being spectators at a street race or reckless driving exhibition, or spectators at the location of preparations for either of these activities. Sec.50-94 Violation (a) Any person who violates any provision of this article is guilty of an offense. (b) An offense underthis article is punishable by a criminal fine of not more than $500. Sec.50-95 Affirmative Defense (a) It is a defense to prosecution under this section if the person who owns, operates, or controls the premises within 10 days of receiving a citation pursuantto this section: Ordinance No. 2319, Page 3 of 5 (1) submits a criminal trespass affidavit to the Euless Police Department; and (2) takes reasonable and appropriate measures to make the property inaccessibleto the publicduring non -business hours. Secs. 50-96 — 50-109 Reserved" SECTION 2. CUMULATIVE. This Ordinance shall be cumulative of all provisions of the Code of Ordinances,City of Euless,Texas, and other ordinances of the City of Euless, Texas, except where the provisions of this Ordinance are in direct conflictwith the provisions of other ordinances, in which event the conflicting provisions of the other ordinances are hereby repealed. SECTION 3. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if a phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared unconstitutional by the valid judgmentor decree of court of competent jurisdiction, such unconstitutionality shall notaffect the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the City Council withoutthe incorporation in this Ordinance of the unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 4. PENALTY FOR VIOLATIONS. Any person, firm or corporation who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine as provided in Section 1-12 in the Code of Ordinances, City of Euless, Texas. Each day any such violation or violations exist shall constitute a separate offense and shall be punishable as such. SECTION 5. SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the Code of Ordinances, City of Euless, Texas, that have accrued at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whetherpending in courtornot, undersuch ordinances, same shall notbe affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 6. PUBLICATION. The City Secretary of the City of Euless is hereby directed to publish the caption and penalty clause of this Ordinance in the official newspaperof the City of Euless, as required by Section 12 of Article II of the Charter of the City of Ordinance No. 2319, Page 4 of 5 Euless. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effectfrom and after its passage and publication as required by law, and it is so ordained. PRESENTED AND PASSED this 22 day of August, 2022, by a vote of 7 ayes, 0 nays, and 0 abstentions, at a regularmeeting of the City of Euless, Texas. ATTEST:, i Ki Sutter, TRMC, CMC, City Secretary A PROVED AS TO FORM: ara Leahy White City Attorney Ordinance No. 2319, Page 5 of 5 AFFIDAVIT OF PUBLICATION Account # Order Number Identification Order PO Amount Cols Depth 10663 309510 Print legal Ad - IPL0087246 $3836 1 37 L Attention: Mike Lowry THE STATE OF TEXAS CITY OF EULESS COUNTY OF TARRANT 201 N ECTOR DR EULESS, TX 760393543 Before me, a Notary Public in and for said County and State, this day personally appeared Amanda Grisham, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at ORDINANCE NO. 2319 Fort Worth, in Tarrant County, Texas; and who, AN ORDINANCE OF THE CITY OF EU- LESS, after beingduly sworn, did depose and say that TEXAS, AMENDING CHAPTER Y p Y 50, "OFFENSES," ARTICLE II, "GRIM- the attached clipping of an advertisement was INAL CODE," OF THE CODE OF OR- DINANCES, CITY OF EULESS, TEX- published in the above named paper on the listed AS, BY ADDING A NEW DIVISION 4, ORDINANCE NO. 2319 "STREET RACING,"TO PROHIBRTAK- AN ORDINANCE OF THE CITY OF EU- dates: ING PART IN STREET RACING, SPEC- LESS, TEXAS, AMENDING CHAPTER TATING STREET RACES, AND/OR AID- 50, "OFFENSES," ARTICLE ll, "GRIM- ING IN STREET RACING EXHIBITIONS; INAL CODE," OF THE CODE OF OR- No. of Insertions: 2 PROVIDING THIS ORDINANCE SHALL DINANCES, CITY OF EULESS, TEX- BE CUMULATIVE; PROVIDING A SEV- AS, BY ADDING A NEW DIVISION 4, ERABILITY CLAUSE; PROVIDING A "STREET RACING,"TOPROHIBrrTAK- Beginning Issue of: 08/25/2022 PENALTY FOR VIOLATIONS; PROVID- ING PART IN STREET RACING, SPEC- ING A SAVINGS CLAUSE; PROVIDING TATING STREET RACES, AND/OR AID- Ending Issue of: 08/26/2022 FOR PUBLICATION IN THE OFFICIAL ING IN STREET RACING EXHIBITIONS; g NEWSPAPER; AND PROVIDING AN PROVIDING THIS ORDINANCE SHALL EFFECTIVE DATE. BE CUMULATIVE; PROVIDING A SEV- PENALTY FOR VIOLATIONS. Any per- ERABILITY CLAUSE; PROVIDING A son, firm or corporation who violates PENALTY FOR VIOLATIONS; PROVID- any provision of this Ordinance shall ING A SAVINGS CLAUSE; PROVIDING be deemed guilty of a misdemeanor FOR PUBLICATION IN THE OFFICIAL and, upon conviction thereof, shall be NEWSPAPER; AND PROVIDING AN punished by a fine as provided in Sec- EFFECTIVE DATE. tion 1-12 in the Code of Ordinances, PENALTY FOR VIOLATIONS. Any per - City of Euless, Texas. Each day any son, firm or corporation who violates such violation or violations exist shall any provision of this Ordinance shall constitute a separate offense and be deemed guilty of a misdemeanor shall be punishable as such. ED AND PASSED ON FIRST and, upon conviction thereof, shall be PRESENT AND FINAL RFD PASING at a regular punished by a fine as provided In Sec - meeting of the Euless City Council on tion 1-12 in the Code of Ordinances, August 22, 2022, by a vote of 7 ayes, City of Euless, Texas. Each day any 0 nays, and 0 abstentions. such violation or violations exist shall IPL0087246 constitute a separate offense and Aug 25-26 2022 shall be punishable as such. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular Sworn to and subscribed be ore met is 29th day o meeting of the Euless City Council on August in the year of 2022 August 22, 2022, by a vote of 7 ayes, 0 nays, and 0 abstentions. IPL0087246 Aug 25-26 2022 Notary Public in and f or the state of Texas, residing in Dallas County D ' € •� �' �� My liohryt ID ale 19f TA8981 y, N• CITY O F EULESS Extra charge for lost or duplicate affidavits. ] Legal document please do not destroyl