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HomeMy WebLinkAboutOrdinance 10107~y ! ~ ...... ..... ..n.,....>rNw.x ~<,, r.v,., ..w ., s...». ~'ew.ww: .. ~mmrw~.-~"- ~..v.~,v~~u ..,w.~.Y..~.. ;.._~; ..a ...; .,. ORDINANCE No. D 1© AN ORDINANCE AMENDING AMENDING CHAPTERS 10 AND 22 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY PROVIDING FOR THE DECLARATION THAT VIOLATIONS OF CITY ORDINANCES RELATING TO THE PARKING AND STOPPING OF VEHICLES SHALL BE CIVIL OFFENSES AND PROVIDING FOR AN ADMINISTRATIVE ADJUDICATION PROCESS THEREFOR; PROVIDING A SEVERABILITY CLAUSE; REPEALING CONFLICTING ORDINANCES; MAKING THIS ORDINANCE CUMULATIVE OF OTHER-ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: I. That Article VI (Stopping, Standing, and Parking) of Chapter 22 of the Code of the City of Fort Worth (1986), as amended, is hereby amended by adding thereto a new Section 22-1.55 to read as follows: Sec. 22-155. Parking violations as civil offenses. The violation of the provisions of this article related to the parking and stopping of vehicles shall be civil offenses subject to civil penalties and fines pursuant to the procedures for administrative adjudica- tion as set forth in Chapter 10 of this Code. II. That Chapter 10 of the Code of the City of Fort Worth (1986), as amended, is hereby amended by adding thereto a new Article II entitled "Parking Violations Bureau", the same to read as follows: ARTICLE II. PARKING VIOLATIONS BUREAU Sec. 10-16. Parking violations bureau created. There is hereby created a parking violations bureau in and for the City of Fort Worth which shall have origi- nal jurisdiction over cases involving violations of City ordinances relating to the parking, stopping, or standing of vehicles as contained in Chapter 22 (Sections 22-155 through 22-240) of the Code of the City of Fort Worth (1986), as amended. Sec. 10-17. Hearing officers. (a) The parking violations bureau shall be composed of one or more hearing officers who shall be appointed by the city council for terms of two (2) years. (b) Hearing officers shall have the authority to administer oaths and to issue orders compelling the attendance of witnesses and the production of documents. (c) An order compelling the attendance of witnesses or the production of documents may be enforced by the municipal court. Sec. 10-18 Parking citations. (a) The administrative adjudication process for parking, stopping and standing violations shall be initi- ated by the issuance of a parking citation which may be issued by a peace officer or other authorized parking enforcement agent. Authorized parking enforcement agents shall include any police officer, traffic control spe- cialist, City marshal, or other employee of the City designated by the Chief of Police, City Marshal, or the City Manager to enforce the provisions of this Code in regard to the parking, stopping or standing of vehicles. (b) If the owner or operator of the vehicle is not present at the time of issuance of the citation, the citation may be issued by affixing the citation to the vehicle in a conspicuous place. (c) The citation shall provide that the person charged with a parking, stopping or standing offense shall have the right of an instanter hearing to determine the issue of liability for the charged offense. Such right to a hearing shall be exercised by appearing in person before a hearing officer within fourteen (14) days from the date of the citation between. the hours of 9:U0-11:00 A.M. and 2:00-5:00 P.M., Monday through Friday, at the Public Safety and Courts Building in Fort Worth. -2- .~ (d) The original or any copy of the citation or summons is a record kept in the ordinary course of busi- ness of the city and is rebuttable proof o.f the facts it contains. Sec. 10-19. Presumption of ownership. (a) It is presumed that the registered owner of the motor vehicle that is the subject of the administrative hearing is the person who parked or stopped the vehicle at the time and place of the offense charged. (b) A State Department of Highways and Public Transportation computer-generated record of the regis tered vehicle is prima facie evidence of its contents in an administrative adjudication hearing under this Article . Sec. 10-20. Hearings. (a) At the hearing before the hearing officer, the defendant may either admit, admit with explanation, or deny the alleged infraction. (b) The issuing peace officer or other authorized parking enforcement agent shall not be required to attend the hearing. (c) It is not required that the City's prosecuting attorney attend the hearing. Provided, however, that if the defendant is represented by legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the City at said hearing. (d) No formal or sworn complaint shall be necessary. The hearing officer shall examine the contents of the citation and the evidence related to ownership of the vehicle in question, and shall hear and review the testi- mony and evidence presented by the defendant. If the hearing officer determines by the preponderance of the evidence that the violation was committed by the defen- dant, he shall find the defendant liable therefor. (e) At the conclusion of the hearing, the hearing officer shall issue an order stating whether or not the person charged is liable for violation of the parking or stopping ordinance and the amount of any fine, costs, or fee assessed against him. The order shall be filed with the clerk of the municipal court. All such orders shall -3- be kept in a separate index or file by the municipal court clerk using appropriate data processing techniques. (f) Failure of a person charged with the offense to appear at a hearing within the aforesaid fourteen (14) day period shall be considered an admission of liability for the charged offense. Sec. 10-21. Appeal. (a) A person determined by the hearing officer to be in violation of a parking or stopping ordinance may appeal this determination to the municipal court. (b) The appeal must be instituted by filing, not later than the thirtieth (30th) day after the filing of the hearing officer's order, a petition with the clerk of the municipal court along with payment of the costs re- quired by law for municipal courts. (c) After filing a petition for appeal.,. the municipal clerk shall schedule a hearing and notify all parties of the date, time, and place of the hearing. (d) The appeal hearing shall be a de novo review. The municipal court shall examine the evidence presented at the appellate hearing and if the Court determines by the preponderance of the evidence that the violation was com- mitted by the defendant, the Court shall find the defen- dant liable therefor. (e) Service of notice of appeal under this section does not stay the enforcement and collection of the judgment unless the person who files the appeal posts bond before filing notice of appeal with the clerk of the municipal court. Sec. 10-22. Enforcement. (a) An order filed by a Article, or a final judgment appeal, may be enforced by: hearing officer under this of the municipal court after (1) impounding the vehicle; (2) placing a device ("boot") that prohibits the movement of a motor vehicle on the vehicle that is the subject of the order filed; -4- (3) an additional fine if not paid within the specified time; (4) denial of parking permits; or (5) refusing to allow th.e registration of the vehicle as provided by applicable state law. (b) Provided, however, that no vehicle shall be impounded or immobilized under this Article unless: (1) the offender has committed three (3) or more offenses in any calendar year; and (2) written notice is mailed to the registered owner of the vehicle at least fourteen (14) days before the vehicle is impounded or immobilized, said notice to inform the registered owner of the vehicle's eligibility for immobilization or impound- ment. Said notice shall also inform the owner of his right to submit information to the hearing officer regarding the propriety of the immobilization or impoundment of the vehicle. Sec. 10-23. Procedures for Immobilization and/or impoundment. (a) When a vehicle if found parked, whether legally or illegally, at any time upon a public street or public property in the City, and such vehicle has met the criteria for immobilization or impoundment as provided in Section 10-22(b), any authorized parking enforcement agent of the City may immobilize the vehicle by the installation on or attachment to the vehicle of a device, or boot, designed to restrict the normal movement of the vehicle. (b) At the time of immobilization, the agent shall also conspicuously attach to the vehicle a written notice on a form provided by the City, said notice to contain the following information: (1) Notice that the vehicle has been immobilized pursuant to this Article, and that attempted movement may cause damage to the vehicle; (2) That release of the vehicle may be obtained at a designated place; r -5- (3) The right to a hearing regarding the immobiliza- tion; and (4) That the vehicle may be towed and impounded within a designated period of time. (c) Any vehicle which has remained immobilized for seventy-two (72) hours,, without a written request for a boot hearing having been filed as provided herein, may be towed and impounded. In such event, the owner thereof shall be responsible for payment of applicable fees for towing, impoundment and storage in addition to the fines, costs and fees provided for herein. Storage and disposi- tion of impounded vehicles shall be governed by the provisions relating to abandoned vehicles as provided in Chapter 22 of this Code. (d) This section is to be cumulative of existing law, and nothing herein shall be construed to restrict or limit the right to tow and impound vehicles under other applicable law. Sec. 10-24. Boot Removal. (a) The registered owner of an immobilized vehicle, or other authorized person, may secure the release of the vehicle upon: (1) Payment of the amount of the fine and late fees, if any, for each delinquent parking citation plus the applicable boot fee; or (2) The posting of a cash bond in the amount of such fines, late fees, and boot fee to ensure appear- ance at the boot hearing. (b) Payment of the fines, late fees, and boot fees shall constitute a waiver of the right to contest such fine, late fees, and boot fees. Sec. 10-25. Boot Hearing. (a) The registered owner of an immobilized vehicle shall have the right to a prompt post-immobilization hearing ("boot hearing") before the hearing officer. (b) The request for a boot hearing shall be made in writing on a form supplied by the City. -6 - (c) The boot hearing shall be held within forty-eight (48) hours following the written request therefor, excluding Saturdays, Sundays, and City holidays, at the Public Safety and Courts Building, or at such other con- venient and reasonable place as the hearing officer may direct. (d) The issue to be determined at the .boot hearing is whether the immobilization was authorized by law. (e) The immobilization of a vehicle is valid if it complies with the requirements of this .Article, unless the registered owner can establish: (1) That he was not the registered owner or the operator of the vehicle at the times in ques- tion; or (2) That he did not receive notice as required by law. (f) The determination of the hearing officer at the boot hearing is final and shall not be subject to appeal. Sec. 10-26. Fines and Fees. (a) Any person, firm, or corporation who violates any provision of this Code related to the parking, stopping or standing of vehicles shall be fined in an amount not exceeding Two Hundred Dollars ($200.00) for each offense, the amount to be determined by the hearing officer in his reasonable discretion, subject to review or appeal to the municipal court. (b) The City Council may, by resolution, adopt a schedule of standard fines for various parking offenses. Such standard fines shall be the amount to be paid and accepted by those persons who do not desire a hearing and wish to pay the fines by mail or otherwise. (c) The boot fee shall be Twenty-five Dollars ($25.00). Charges for towing and/or storage of impounded vehicles shall be as provided by the law applicable to abandoned vehicles. (d) All fines, costs and fees shall be deposited in the proper account of the general fund of the City, unless otherwise directed by resolution of the City Council. -7- *.Y; ~, III. 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. IV. 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. V. The City Secretary is hereby directed to publish the caption summarizing the purpose of this ordinance and the penalty clause prescribing the penalties for violation of this ordinance in the ~' manner provided by applicable state law. VI. The City Secretary is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause in the -8- • + ~ ~ -• o ,. r . I, minutes of the City Council and by filing the ordinance in the ordi- nance records of the City. VII. This ordinance shall take effect on September 1, 1988, and shall apply to all parking. or stopping offenses that occur on or after said date. An offense that occurs before the effective date of this ordinance is governed by the law in effect when the offense occurred and the former law is continued in effect for that pur- pose. An offense occurs before the effective date of this ordinance if any element of the offense occurs before that date, and it is so ordained . APPROVED AS TO FORM AND LEGALITY: GGGG'G ~~ Ass+ City Attorney Date: S~3 ~~~ --T ADOPTED: ~~~ / ~~ EFFECTIVE: September 1, 1988 -9- s _ M'~s reR Flv~~ w V A -- f ACCOUNT'INQ 2 Ci~ of Fort Worth, `I'e~cs TRAN3POf2TATiON~PU€3G, V'//7~c({g.~ ®1° and Coun~i~ (Coman~nicati®~ VIA TER Autv11N(STRA'TiG/t/t~~~: MUNICIPA CUUF;,:AUMItd.1,1 - ORDINANCE AMENDING THE CITY CODE GATE REFERENCE SUBJECT PAGE 5/3/88 NUMBER TO PROVIDE FOR ADMINISTRATIVE ADJUDI- iof 2 G-7562 w MENT THROUGH BOOTING, TOWING AND/OR IMPOUNDMENT OF VEHICLES Recommendation It is recommended that the City Council adopt the attached ordinance amending Chapters 10 and 22 of the Code of the City of Fort Worth (1986), as amended, to provide for an administrative adjudication process for parking offenses and for the enforcement of same by means of immobilization (booting), towing and/or impoundment of vehicles. The ordinance is to become effective on September 1, 1988, and apply to parking violations committed on and after that date. Discussion During the 1987 Session, the State Legislature passed Art. 6701d-24, which authorized cities to declare the violation of City ordinances relating to parking and stopping vehicles to be civil offenses and to adopt ordinances establishing an administrative adjudication hearing procedure for such offenses. The legislation also provides for the utilization of efficient enforcement mechanisms including the use of immobilization devices (commonly referred to as the "Denver boot), impoundment of vehicles, and additional fines for late payment. City staff has been developing a program to implement this enabling legislation. Plans have been made for the hiring of necessary personnel and related equipment and supplies, as more fully described in M&C G-7378, adopted by the Council on December 18, 1987. The attached ordinance creates an administrative adjudication process for parking offenses. Persons charged with parking offenses are given an opportunity for a hearing before a hearing officer to determine liability for the offense. The hearing process, while designed to fully protect the right to a hearing on parking citations, is a more informal procedure than the present criminal trial process and should result in a fair, efficient and speedy resolution of these cases. There is also a provision for appeal of the hearing officer's decisions to the municipal courts. The ordinance further provides for means of dealing with scofflaws who repeated) fail to appear for hearings or pay tickets for which they are found liable. If there are 3 or more outstanding tickets on a vehicle in a calendar year, the registered owner is notified that the vehicle is subject to being immobilized by a booting device. If the owner fails to act on this notice within a specified time, the vehicle may be booted, and later towed or impounded. There is an opportunity for a hearing on the propriety of the boo i~ng-~pr_ocess to protect the rights of the vehicle owner. ~ j;';; ~~ ~~C~ ~~~ `''"~a ~~~. --_,. _'~. ~ d a .,~' i DATE NUMBERC-~ SUBJECT ORDINANCE AMENDI THE CITY CODE PAGE 5/3/88 G-7562 TO PROVIDE FOR ADMINISTRATIVE ADJUDI- 2 of 2 MENT THROUGH BOOTING, TOWING AND/OR IMPOUNDMENT OF VEHICLES The ordinance is to become effective September 1, 1988, and apply to all parking offenses committed on or after that date. Prior offenses will be governed by prior laws, as required by the state statute. This lead time , before the ordinance becomes effective, will enable the staff to effectively prepare for the changeover to the new system and minimize problem areas accompanying such substantial changes in the means of adjudicating and enforcing parking citations. The City Council Court Committee reviewd and approved the attached ordinance during its meeting on April 26, 1988. DAI:wg la~`~'t~v~ED Bt' CITY CO~J•NCIL MAY 5 ~~ S~~~~.,. Citp aeacetaxy of the City of Post Woath~ Taxa9 SUBMITTED FOR THE CITY MANAGER'S OFFICE BY Bob Terrell DISPOSITION BY COUNCIL: ^ APPROYED PROCESSED BY ORIGINATING ^ OTHER (DESCRIBE) DEPARTMENT HEAD• Dianna Heiner CITY SECRETARY FOR ADDITIONAL INFORMATIO CONTACT ~. Yett 7619 ~ltlapted Ordinance No, ~ ~ , .. DATE