§ 22-4. Flooded streets, speed restrictions.

(a)

It shall be unlawful and a Class A offense against the city for any person to traverse a flooded street in an automobile, truck, boat or other vehicle or vessel at such a speed as to create a wake therein that causes damage or increased flooding to the property or premises adjoining such flooded street. This section shall not be applicable to persons performing rescue operations or to persons protecting the public order and safety.

(b)

Violations of this section are hereby declared to be civil infractions for which the following penalties shall be assessed and paid in the following amounts:

(1)

First offense ..... $ 50.00

(2)

Second offense ..... 75.00

(3)

Third offense and any subsequent offense ..... 100.00

(c)

If a person fails to pay the civil fine within the time prescribed on the citation or fails to obtain a court date, or having obtained a court date, fails to appear in court to contest the citation, the person shall be deemed to have waived the right to contest the citation. In such case, final judgment may be entered against the person in the maximum civil fine allowed, which shall be payable within sixty (60) days from the date of execution of the final judgment. Alternatively, the court may issue an order to show cause, requiring the person to appear before the court to explain why action on the citation has not been taken. If any person who is issued such an order fails to appear in response to the court's directive that person may be held in contempt of court in addition to having to pay the civil fine, court costs and restitution, as applicable.

(Ord. No. 2006-23, § 1, 1-8-07)

Editor's note

Ord. No. 2006-23, § 1, adopted Jan. 8, 2007, set out provisions intended for use as section 22-3. Inasmuch as the Code of Ordinances already contained a section 22-3, at the editor's discretion, these provisions have been included as section 22-4.