Important Reminders for a Safe Summer By Nancy Pomykal, Justice of the Peace, Pct. 5

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Posted by Joyce Rhyne on 24 May 12 - Comments Off on Important Reminders for a Safe Summer By Nancy Pomykal, Justice of the Peace, Pct. 5

We are all looking forward to vacation and summer fun. Although our official “season” doesn’t kick off until Memorial Day, Port O’Connor fun seems to be in full swing. We live in  an awesome area to just kick back and relax while enjoying all the fun things Port O’Connor has to offer.

PLEASE REMEMBER, while everyone enjoys playing and having summer fun, a perfect weekend can turn to tragedy in seconds. I have listed some  Texas laws to help inform Dolphin Talk readers of their existence. These laws were created by the Texas legislature and are  currently in effect.  The two laws listed below were adopted to help keep our children safe so they can enjoy many happy summer experiences for years to come.

Transportation Code 545.414. Riding in Open Beds; Offense

(a) A person commits an offense if the person operates an open-bed pickup truck or an open flatbed truck or draws an open flatbed trailer when a child younger than 18 years of age is occupying the bed of the truck or trailer.

(b) An offense under this section is a misdemeanor punishable by a fine of not less than $25 or more than $200. Plus $70.00 court costs.

(c) It is a defense to prosecution under this section that the person was:

(1) operating or towing the vehicle in a parade or in an emergency;

(2) operating the vehicle to transport farm workers from one field to another field on a farm-to-market road, ranch-to-market road, or county road outside a municipality;

(3) operating the vehicle on a beach; (in beach areas where vehicles are allowed ) Vehicles are not allowed on Kingfisher Beach.

(4) operating a vehicle that is the only vehicle owned or operated by members of the household;

(5) or operating the vehicle in a hayride permitted by the governing body of or law enforcement agency of each county or municipality in which the hayride will occur.

(a) Compliance or noncompliance with Subsection (a) is not admissible evidence in a civil trial.

(b) In this section, “household” has the meaning assigned by Section 71.005, Family Code.

545.414  was adopted way back in 1995. However, it was amended to its present form and went into effect September. 1, 2001

Texas Transportation Code
Sec. 545.4145  Riding In Or On Boat Or Personal Watercraft Drawn By Vehicle; Offense.

(a) A person commits an offense if the person operates a motor vehicle on a highway or street when a child younger than 18 years of age is occupying a boat or personal watercraft being drawn by the motor vehicle.

(b) It is a defense to prosecution under this section that the person was:

(1) operating the motor vehicle in a parade or in an emergency; or

(2) operating the motor vehicle on a beach. (in beach areas where vehicle are allowed.) Vehicles are not allowed on Kingfisher Beach.

(c) In this section, “boat” and “personal watercraft” have the meanings assigned by Section 31.003, Parks and Wildlife Code.

545.4145 was added by Acts 2011, 82nd Leg., R.S., Ch. 1172, Sec. 1, eff. September 1, 2011.

Rules For Operation Of Golf Carts /Utility Vehicles In Port O’Connor, Texas

The golf cart or utility vehicle must be equipped with head lamps, tail lamps, reflectors, parking brakes, and mirrors.

An orange “safety placard” triangle must be displayed on the back of the cart.

The golf cart/ utility vehicle shall only be operated during daylight hours, which is ½ hour before official sunrise and ½ hour after official sunset.

The operator of the golf cart/ utility vehicle  MUST BE A LICENSED DRIVER.

A Minor or Adult with NO driver’s license shall not operate a golf cart/utility vehicle. An Unlicensed minor shall not operate the golf cart/ utility vehicle, even with  a licensed parent or legal guardian  on the golf cart/ utility vehicle with the minor.

No open containers of  an Alcoholic Beverage are allowed on the golf cart/ utility vehicle.

If you are stopped by law enforcement, while operating a golf cart / utility vehicle after consuming more the LEGAL limit of alcohol , you Can be charged with DWI. The charge carries the same penalties as DWI in any other vehicle.

The golf cart / utility vehicle shall be operated  ONLY on the side streets of Port O’Connor where the posted speed limit is NOT MORE THAN 35 mph. It shall not be operated on the main highway, which is Highway 185 or Adams Avenue, except for safely crossing the highway from the side streets.

These rules and regulations have been adopted to insure your safety while operating your golf cart/ utility vehicle on the streets of Port O’Connor. The goal of law enforcement and our Justice Court, is to allow our residents and visitors the opportunity  to enjoy these vehicles and to remain safe while doing so.

Approved by the Calhoun County Sheriff’s Dept.

The primary goal of Texas law enforcement agencies and our Justice Court is to ensure safety and prevent accidents so everyone can have an accident free and enjoyable summer season.

-Judge Nancy Pomykal

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