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HomeMy WebLinkAboutOrdinance 10248. . •, _ - _ h '~ :u. _ , ORDINANCE No. 1na~g AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY PROHIBITING UNAUTHO- RIZED PARKING ON :PUBLIC PROPER`T'Y AND PROVIDING EXCEPTION THERETO; MAKING THIS ORDINANCE CUMULATIVE AND REPEALING ALL CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Article VI (Stopping, Standing and Parking) of Chapter XXII of the Code of the City of Fort Worth (1986), as amended, is hereby amended by adding thereto a new Section 22-171.5 to read as follows: Sec. 12-171.5. Parking restricted on certain public prop- erty. (a) Unauthorized parking_on public property prohib- ited. It shall be unlawful for any person to park or stand a vehicle, whether occupied or unoccupied, except temporarily for the purpose of and while actually loading or unloading such vehicle, in an public driveway or on any public parking lot or other public property without the express or implied consent of the representative of the public property or person in lawful control thereof. In the event the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehi- cle is registered shall be prima facie deemed to be in violation hereof. (b) Exception to section 21-171(b). No citation issued under the provisions of section 22-171.5(a) shall be valid unless such citation includes a statement to the effect that at the time same was issued, a clearly visi- ble sign was located on the public property involved, ;~ T '~; :~ ~ , ;.. informing the public that such public driveway, parking lot or other public property is reserved for the use of authorized persons or vehicles only, and further that such sign states the persons or vehicles authorized. SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION ,i . It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than -2- ,~ '~ Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 22 or any other ordinances affecting stopping, standing and parking which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and penalty clause of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 7. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. -3- y .~ r ., e c << ~, i+ ~, r,.. SECTION 8. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: j~~~ / ~~// G ssistant City Attorney Date: ,~~ " / ~" ~` ADOPTED : ~ - ~ ~- ~~ EFFECTIVE: -~- ,nP'9~t4r< rIL€ f TRnl~.oi'Jklpl+ur~NUtluCrol~`wVRKS••~1 IJ ~° /Ir'In //~,lll7// ~ l~ /~ 11/7// ~" ~ l~ l~ ilk ~) V~~r rER AU MINIS'i AATni~~ (Ul ® U 'l.W ~u.~1V ~®tVW ~U.i ~tY ~®~O ~ tVW~~~l.i~tL~® U IY REAL P POLICI PUBLII ~Ek~'~•~ DATE REFERENCE SUBJECT ORDINANCE PROHIBITING UNAUTHORIZ D PAGE MINISTRATIOh.l NUMBER PARKING ON PUBLIC PROPERTY ) of 1.__ ,F„Yd:~31-89 G-7909 RECOMMENDATION It is recommended that the City Council approve the attached ordinance prohibiting unauthorized parking on public property. DISCUSSION Preventing unauthorized vehicles from parking in City of Fort Worth parking lots is a difficulty that has been encountered by the Parking Facilities Division of the Real Property Management Department. This is particularly true in the lot south of the hunicipal Office Building designated for the use of citizens transacting business in City offices in the Municipal complex. Citizens also park their vehicles here to transact business at other businesses located in the vicinity, causing congestion and a lack of space for those desiring to transact City business. This ordinance is designed to authorize the Police Department to ticket such vehicles. FINANCING No additional expenditures are anticipated. DAI/w/6 APPROVED BY CITY COItNCIL ,; ,,I~ ,ii X969 SUBMITTED FOR IMt CITY MANAGER'S OFFICE BY ORIGINATING DEPARTMENT HEAD DISPOSITION BY COUNCIL. APPROVED OTHER (DESCRIBE) Adopted Ordinance ~s~o. Citq Secretary of the City of Fori CVor.h, Texoa PROCESSED BY CITY SECRETARY ~-~w DATE David Ivory Michael E. Pyles FOR ADDITIONAL INFORMATION CONTACT Michael E. Pyles 8362