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<br /> <br /> <br /> <br /> <br /> <br /> ORDINANCE N0. $5-056 <br /> <br /> <br /> AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, <br /> PROVIDING THAT THE CODE GF ORDINANCES, CITY OF PARIS, BE <br /> AMENDED BY REVISING SECTION 29-71 OF SAID CODE; PROVIDING <br /> THAT THE BURDEN OF PROOF ON THE DEFENDANT TO PROVE THAT AN <br /> EXISTING TRAFFIC CONTROL DFVICE OR SIGNAL WAS NOT INSTALLED <br /> AND AUTHORIZED IN ACCORDANCE WITH STATE LAW AND CITY OF <br /> PA12IS ORDINANCE; PROVIDING F'OR A PENALTY NOT TO EXCEED <br /> $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN <br /> CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF <br /> OCTOBER l, 1985. <br /> BE IT ORDAINFB BY THE CITY COUNCIL OF THE CITY OF <br /> PARIS: <br /> Section l. That Section 29-71 of the Code of <br /> Ordinances of the City of Paris, Paris, Texas, be amended so <br /> that such sYiall read as follows: <br /> "Sec. 29-71. Conformity with manual and speci- <br /> fications o-IL' state highway department; uniformity. <br /> (a) Establishuient of burden of proof with <br /> regard to traffic control devices and signals. <br /> <br /> (b) Nat Required with Prosecution. In any <br /> prosecution for any violation of this Chapter, it <br /> shall not be necessary for the state to prove the <br /> installation or authority thereof, of any traffic <br /> control device or signal. <br /> (c) Defenses Right of Rebuttal. Any person <br /> charged with a violation of this Chapter shall <br /> have the right to prove the sign, signal or device <br /> was nat so installed or authorized as a defense." <br /> Section 2. Any person violating any of the pro- <br /> visions of this ordinance shall be guilty of a Class "C" <br /> Misdemeanor, and upon conviction shall be fined in any sum <br /> not to exceed $200.00, and each and every day's continuance <br /> of any violation of the above enumerated section shall <br /> constitute and be deemed a separate offense. <br /> Section 3. All ordinances or parts of ordinances in <br /> conflict herewith are hereby expressly repealed. <br /> <br /> Section 4. This ordinance shall become effective on <br /> October l, 1985. <br /> <br /> Passed and adopted this 9th day of September, 1985. <br /> <br /> <br /> <br /> e rge is er, Mayor <br /> <br /> ATTEST: <br /> <br /> <br /> o.~rn ~ <br /> Mattie Cunningham, Cit Clerk <br /> <br /> APPROVED AS TO FORM: <br /> /10 <br /> <br /> <br /> T. K. Haynes, City Attorney <br />