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85-071 ORD PROVIDING CODE OF ORDINANCES BE AMENDED BY REVISING SECTION 29-71 OF SAID CODE ORDINANCE N0. 85-071 AN ORDINANCE OF THE CITY OF PARIS, PARIS, TEXAS, PROVIDING THAT THE CODE OF ORDINANCES, CITY OF PARIS, BE AMENDED BY REVISING SECTION 29-71 OF SAID CODE; PROVIDING THAT THE BURDEN OF PROOF ON THE DEFENDANT TO PROVE THAT AN EXISTING TRAFFIC CONTROL DEVICE OR SIGNAL WAS NOT INSTALLED AND AUTHORIZED IN ACCORDANCE WITH STATE LAW AND CITY OF PARIS ORDINANCE; PROVIDING FOR A PENALTY NOT TO EXCEED $200.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE OF January l, 1986. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS: Section 1. That Section 29-71 of the Code of Ordinances of the City of Paris, Paris, Texas, be amended so that such shall read as follows: "Sec. 29-71. Conformity wi.th manual and speci- ficat-.ons of state highway department; uniformity. (a) Establishment of burden of proof with regard to traffic con.trol devices and signals. (b) Not Requir.ed with Prosecution. In any prosecution for any violation of this Chapter, it shall not be necessary for the state to prove the installati_on or authority thereof, of any traffic control device or signal. (c) Defenses Right of Rebuttal. Any person charged with a violation of this Chapter shall . have the right to prove the sign, sigrral or device was not so installed or authorized as a defense." Section 2. Any person violating any of the pro- visions of this ordinance shall be guilty of a Class "C" Misdemeanor, and upon conviction shall be fined in any sum not to exceed $200.00, and each and every day's continuance of any violation of the above enumerated section shall constitute a.nd be deemed a separate offense. Section 3. Al1 ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Sectian 4. This ordinance shall become effective on January 1, 1986. Passed and adopted this 9th day of December, 1985. c Geo %ge i , Jr., Mayor ATTEST: Mattie Cunningham, Ci y C er APPROVED AS TO FORM: T. . Hayn s, City Attorney