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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: 02781 (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 7 yor, Town of Trophy Club, Texas 0278j - 2 - Town of Trophy Club, Texas CSEAL I APPRO D AS TO FORM• Ir Town ttorney Town tf Trophy Club, Texas Oars] - 3 --