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86 <br />0 <br />E-? 0 <br />H <br />4-1 <br /> (n ORDINANCE NO. 1981-83 <br /> <br /> <br /> <br /> J <br /> AN ORDINANCE OF THE CITY COUNCIL OF THE CITY <br /> OF SAN MARCOS, TEXAS AMENDING CHAPTER 29, <br /> ENTITLED "TRAFFIC" OF THE CODE OF ORDINANCES <br /> OF SAID CITY TO ADD A SECTION TO ELIMINATE <br />Cl- REQUIREMENT FOR STATE TO PROVE THE INSTALLATION <br />`lj 'j", OR AUTHORITY FOR ANY TRAFFIC CONTROL DEVICE OR <br /> 0 <br /> ;- SIGNAL IN PROSECUTIONS FOR VIOLATIONS OF THIS <br /> -- ? CHAPTER; TO ESTABLISH THE RIGHT OF REBUTTAL BY <br /> <br /> U DEFENDANTS AND DECLARING AN EFFECTIVE DATE. <br />BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAN MARCOS, <br />TEXAS: <br />SECTION 1. That the Code of Ordinances, City of San Marcos, <br />Texas, is hereby amended by adding a section, to be numbered 29- <br />25, which said section reads as follows: <br />Sec. 29-25. Evidence <br />a. Not required of prosecution. In any prosecution <br />for any violation of this chapter, it shall not <br />be necessary for the state to prove the installa- <br />tion or authority therefore, of any traffic control <br />device or signal. <br />b. Defense's right of rebuttal. Any person charged <br />with a violation of this chapter shall have the <br />right to prove the sign, signal or device was not <br />sb installed or authorized as a defense. <br />[1 <br />SECTION 2. That this Ordinance shall become effective ten <br />(10) days from and after its final passage and publication in a <br />newspaper of general circulation in the area. <br />PASSED AND APPROVED on first reading October 12, 1981. <br />PASSED AND APPROVED on second reading October 29, 1981. <br />PASSED, APPROVED AND ADOPTED November 9, 1981. <br />ft - ? _? Ex_? <br />Emmie Craddock <br />Mayor <br /> <br />Attest: <br />Janis K. Womack <br />City Secretary <br />Approved: <br />Barbara Jea dwards <br />City Attorney <br />Published in DAILY RECORD November 15, 1981.