ORD 1990-01ORDINANCE 0 90-01
TOWN OF TROPHY CLUB, TEXAS
ORDINANCE NO. 44-01
AN ORDINANCE OF THE TOWN OF TROPHY CLUB,
TEXAS AMENDING ORDINANCE NO. 86-13 RELATING
TO THE RESPONSE BY TOWN OFFICERS AND
EMPLOYEES IN EMERGENCY SITUATIONS BY AMENDING
SECTION 1 THEREOF BY ADDING STANDARDS FOR THE
OPERATION OF EMERGENCY VEHICLES USED FOR LAW
ENFORCEMENT PURPOSES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY
CLUB, TEXAS:
Section 1. That Ordinance No. 86-13 of the Town of
Trophy Club, Texas (the "Town") relating to the response by
Town officers and employees to emergencies is hereby amended in
the following particulars, and that all other sections,
subsections, paragraphs, sentences, phrases and words of the
said Ordinance are not amended but are hereby ratified,
verified, approved and affirmed:
A. That Section 1 of Ordinance No. 86-13 is hereby
amended so that it shall hereafter read as follows:
"Section 1. Response to Emeraenc
A. Generally. Every officer, agent or
employee of the Town, while responding to
emergency situations, is hereby authorized to
act in such a manner as to most effectively
deal with the emergency. This provision
shall prevail over every other ordinance of
the Town and, to the extent to which the Town
has the authority to so authorize, over any
other law establishing a standard of care in
conflict with this section. Neither the Town
nor the employee shall be liable for any
failure to use ordinary care in any emergency.
B. Emergency Vehicles Used For Law
Enforcement. The driver of an authorized
emergency vehicle that is used for law
enforcement purposes may operate without
using the emergency warning devices required
by State law only when the driver is
responding to an emergency call or when he or
she is in pursuit of a suspected violator of
the law and he or she has probable cause to
believe that:
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(1) knowledge of his or her presence will
cause the suspect to destroy or lose
evidence of a suspected felony;
(2) knowledge of his or her presence will
cause the suspect to cease a suspected
continuing felony before the driver has
acquired sufficient evidence to
establish grounds for arrest;
(3) knowledge of his or her presence will
cause the suspect to evade apprehension
or identification of the suspect or his
or her vehicle; or
(4) Traffic conditions on a multilaned
roadway are such that movements of
motorists in response to the emergency
warning devices may increase the
potential for a collision or may
unreasonably extend the duration of the
pursuit."
Section 2. This Ordinance shall be cumulative of all
other ordinances of the Town of Trophy Club, Texas, affecting
response to emergency situations and shall not repeal any of
the provisions of said ordinances except in those instances
where provisions of those ordinances are in direct conflict
with the provisions of this Ordinance.
Section 3. If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of this ordinance; and the Town Council hereby declares it
would have passed such remaining portions of the ordinance
despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 4. That this ordinance shall take effect from
and after its date of passage.
PASSED AND APPROVED by the
Trophy Club, Texas this the 16
Town Council of the Town of
lay of January 1990.
F
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yor, Town of Trophy Club, Texas
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Town of Trophy Club, Texas
CSEAL I
APPRO D AS TO FORM•
Ir
Town ttorney
Town tf Trophy Club, Texas
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