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Home My WebLink AboutOrdinance 9050T 4a r ~ ~a f ORDINANCE NO. ~~ AN ORDINANCE AMENDING CHAPTER 26, "MOTOR VEHICLES AND TRAFFIC," OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY AMENDING SECTION 26-107 (PARKING OVERTIME - UNLAWFUL) OF ARTICLE III THEREOF; PROVIDING THAT THI5 ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDI- NANCES AND OF SUCH CODE AFFECTING MOTOR VEHICLES AND TRAFFIC; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERA- BILITY CLAUSE; AUTHORIZING PUBLICATION IN PAMPHLET FORM; DIRECTING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE; DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE; PRO- VIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 26-107 of Article III of Chapter 26 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended to read as follows: "Sec. 26-107. Parking overtime - Unlawful. "(a) It shall be unlawful for any person to permit a vehicle to be parked, to remain or to be placed in any parking space alongside of or next to which is located any parking meter during the restricted and regulated time applicable to the parking meter zone in which such meter is located while the parking meter for such space indi- cates by signal that the lawful parking time in such space has expired. This provision shall not apply to the act of parking or the necessary time which is required to deposit immediately thereafter a coin or coins i.n such meter. "(b) When any person permits a vehicle to be parked, to remain or be placed in any parking space where the parking meter has expired as provided in paragraph (a) hereof and the vehicle remains so parked for consecutive periods of time, each of which periods exceeds the maximum parking time applicable to the parking meter zone where the meter is located, each such period of parking shall constitute a separate offense and a separate citation may be issued for each such offense." SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1964), as amended, affecting motor vehicles and traffic, except where the pro- visions of this ordinance are in direct conflict with the provisions •; ~. of such ordinances and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 3. That all rights or remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Chapter 26 of the Code of the City of Fort Worth (1964), as amended, and of any other ordinance affecting motor vehicles and traffic which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending liti- gation, both civil and criminal, whether pending in court or not, under such chapter and/or other ordinances, same shall not be affected by this ordinance but may be prosecuted until final dispo- sition by the courts. SECTION 4. That 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 void, ineffective or unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffec- tiveness or unconstitutionality shall not affect any of the remain- ing phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffec- tive or unconstitutional phrase, clause, sentence, paragraph or sec- tion. SECTION 5. That the City Secretary of the City of Fort Worth is hereby authorized to publish this ordinance in pamphlet form for general distribution among the public, and this ordinance as so published shall be admissible in evidence in all courts without further proof than the production of said pamphlet, as provided in Section 3, Chapter XXVI of the Charter of the City of Fort Worth. -2- _N~: ~: .~.. SECTION 6. That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. SECTION 7. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the ordinance in the ordinance records of said City. SECTION 8. That any person violating any of the provisions of this ordi- nance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). SECTION 9. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: Wade Adkins, City Attorney Date : ~' ~ ~" ~ ~ ~ ADOPTED: EFFECTIVE: -3- °~ MASTE~R~FILE 1 / ~j2t~ ®~ JL ILI'~~ ~~®Y ~~~ lL ~~~l.rL~ CITY MANAGER t ACCOUNTING•2 +~~`~' // ~ u' ~~~ ~®~/W~~L/~lV ~®~~ IL~V 0 IV~~~I.WIV ~®~ TRANSPORTATION~PUBLIC WORKS•9 POLICE LAW 1 • DATE aDMINI TRA IQN.~1' S 1 REFER[:NGE NUMBER SUBJECT Amendment of Overtime Parking PAGE 3 j 13 84 G-5934 Regulations t of 1_.__ Background The primary purpose of parking meters in the downtown area is to facilitate short-term parking for business and shopping activity at convenient locations. The present policy of issuing only one citation per day per violation tends to encourage violators to opt for a citation rather than repay the meter or move the vehicle Therefore, the one citation policy has the effect of encouraging illegal long-term parking at meters. The issuance of more than one citation would encourage legal use and turnover at meters. The present policy also has the effect of encouraging violations because the fine for one parking citation is not much higher than the all-day cost of private lots in strategic downtown locations. It is recommended that overtime parking regulations be amended to authorize the issuance of multiple citations t:o persons who park their vehicles at meters for consecutive periods which exceed the legal maximum. A policy of multiple citations should have the effect of reducing the total number of citations because the threat of meaningful penalties will give parkers incentive to stay within the law. The proposed amendment will not affect those persons who inadvertently run over on the meter for a few minutes. It will only affect those who purposefully dis- regard the law and abuse the parking meter system Recommendation It is recommended that the City Council adopt the attached ordinance to authorize the issuance of multiple overtime parking citations. VS kc ~ Attachment APPROVED BY CITY COUNCIL MAR 13 1984 ~~ ~~~~~ City Saoxetaxy of th e City of Fosq ~~~ T~r~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL. PROCESSED BY nFFICE BY `j APPROVED ORIGINATING r'' OTHER (DESCRIBE) ' DEPARTMENT HEAD: [glade Adk1nS ~ Y SECRETARY FOR ADDITIONAL INFORMATION corvrncT Wade Adkins Ext 7623 DATE