§ 15-61. Negligent collision.

(a)

No person driving or operating or in charge of any motor vehicle, shall, by negligence cause or suffer or permit the same to come in collision with any stationary vehicle of any nature whatever or with any street sign, street post, water plug, mail box, or any other stationary obstacle or object whatever, in the alley, avenue, highway or other public place whatever, in the city. Violation of this section shall be known as the offense of "negligent collision." For the purpose of this section, "stationary" is defined as unmoving, whether stopped or placed temporarily or permanently.

(b)

Negligence for the purpose of this section shall not be ordinary negligence. Negligence for the purpose of this section is defined as the following conduct.

(1)

Failure to keep proper lookout when such failure is so grossly flagrant as to cause, and be the sole cause of, a collision that results in injury to person or property.

(2)

Failure to make timely application of brakes when such failure is so grossly flagrant as to cause, and be the sole cause of, a collision that results in injury to person or property.

(3)

Failure to control direction of movement of the vehicle when such failure is so grossly flagrant as to cause, and be the sole cause of, a collision that results in injury to person or property.

(c)

"Sole cause" shall mean "only cause" except that proof of another or other negligent act or acts by a person charged with violation of this section, which act or acts was or were contributing cause or causes of the collision, shall not be a defense and shall not be proof that the act complained of was not the sole cause.

(Ord. No. 7715, § 81, 8-4-77)