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HomeMy WebLinkAboutOrdinance 9062f~^ J. ,. tr.• - .~~r _ - ,•. ~.~.Fk ~1 ~ ~t c .; w ~ _ ? S , ORDINANCE NO. ~~Cv~ -. r ~ ~ er a . ~ ~1a ;~ ~"~ ~_~„ 5 ~/ AN ORDINANCE PROHIBITING PARKING OF MOTOR VEHICLES, TRAIL- ERS, BOATS AND OTHER VEHICLES IN FRONT YARDS AND SIDE YARDS OF AREAS ZONED ONE-FAMILY AND TWO-FAMILY UNLESS HARD SURFACED PARKING OR A SCREENING FENCE IS PROVIDED; PRO- VIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Fort Worth is authorized to prohibit nui- sances within its city limits under the provisions of Article 1175, Revised Civil Statutes of Texas; and WHEREAS, the City Council of the City of Fort Worth has found that the parking of motor vehicles, trailers, boats and other vehicles in unpaved portions of the front yard and unpaved or unscreened portions of the side yard in districts zoned one-family and two-family under the Comprehensive Zoning Ordinance creates a nuisance and is injurious to the health, safety -and welfare of persons residing in and around such residential areas and should be prohibited; and WHEREAS, the parking of motor vehicles, trailers, boats and other vehicles on unpaved portions of the front yard disrupts the use of the yards as open space and destroys the yards, making them unsafe and unhealthy to the public and the individuals occupying the one and two-family dwellings; and WHEREAS, parking in unpaved portions of the front yard and unpaved or unscreened portions of the side yard creates an annoying and unsightly condition and contributes to urban decay in neighbor- hoods throughout the City; and WHEREAS, it is desirable to eliminate parking in unpaved por- tions of the front yard and in unpaved and unscreened portions of the side yard in order to beautify neighborhoods and to promote the healthy, safe and orderly development of neighborhoods within the City, thus retaining property values on adjacent properties through- out the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: +* 3 s Tea. .I. }~~ ,FS.: e;: 1 ',. ;;j .~, SECTION 1. It shall be illegal for any person to park or to allow to be parked on any property under his control any automobile, bus, truck, motorcycle, motorhome, camper, trailer, boat or any vehicle on any portion of a front yard or side yard of any area which is zoned "A" One-Family, "A-R" Residential, "B" Two-Family, or "R-1" Residential under the Comprehensive Zoning Ordinance unless: 1) Said area is a part of a hard surfaced driveway or parking area; 2) Said area is a part of a gravel driveway bordered by cement curbing or similar permanent border; or 3) Said area is a part of a required driveway that provides access to a garage, carport or offstreet parking area required by the Comprehensive Zoning Ordinance; or 4) Said area is part of a side yard which ~is enclosed by a screening fence at least six (6) feet in height and so constructed that no person can see through into the area surrounded by the fence. The term "vehicle" as used herein shall mean every device in, upon, or by which any person or property is or may be transported or drawn upon a street or highway, except devices moved exclusively by human power. The term "hard surfaced" as used herein shall include cement, asphalt, brick and other commonly accepted pavement which may be approved by the Building Official. SECTION 2. This ordinance shall be cumulative of all ordinances of the City of Fort Worth except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances, in which event conflicting provisions of such ordinances are hereby repealed. SECTION 3. 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 unconsti- -2- Qtr t •' 7.: ' _! as _. ~ M p4~ .. ~ °+. C~ 'b' h+ ~J' ~ n f ~ ?1~ ~ E~ .. - y, ~?~~.1 E 1 ~T; r «~'Yi. yY :. ~ J s tutional 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. The violation of any provision of this ordinance shall be deemed an offense and shall be punishable by a fine not exceeding Two Hundred Dollars ($200), and each violation hereof, and each day on which there is a failure to comply with the terms of this ordinance, shall~be and is hereby declared to be a separate and distinct offense and punishable as such. SECTION 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption, penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 6. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, as authorized by TEX. REV. CIV. STATS., Art. 1176b-1. SECTION 7. This ordinance shall be in full force and effect from and after the date of its passage and publication as above specified. APPROVED AS TO FORM AND LEGALITY: City Attorney Date : ~ ~ ` ~ 1 ADOPTED: .(~-~~-~ EFFECTIVE: '~-/D -~~ -3- ~ M~AS.~~^Y'rt~~~4kr 1i ~IJ iJ U O~ U VLJU L.1 11.J t../ ~JL.1t,~ {J LJL.1p U 6bL/~.~J~ K. ~ ^ CITY MA n;z ~_:t 1 ~~~ ~ Accou N~flNa i ~ ` ~ ~ w.~ y . ,TftAN$_R-0_ R7ATION~PUgLIC ~(~ EfJUDGE•1 ~ ~~pOIICY PROPOSAL ING TORN ' ~~^~g~q~ou r A~~rR 111 Parking of Vehicles in Front Yards Patg~~renriGn.u PROPOSED BY: Councilmen- C MANAGER'S REV EW CITY. SERV1CESs,~ bers Williams and Stute ~~,,~ ~~ ~~,~,~ GATE -- NUMBER SUBJECT PAGE._.l..OF._L LAWe~ ` Background .- Numerous citizen complaints have been received about the parking of vehicles in un- paved areas in the front yards and side yards of dwellings. Such parking is annoying, • unsightly and contributes to urban decay. It is also injurious to those who reside fn the vicinity and constitutes a nuisance. Such parking should, therefore, be prohibited. Proposal I ~'~ '~iY'~166~~d ~~laE ~~e City Council adopt thP_ ar tar•harl nrrii nanrc nrnhihi ri „o r{,o • parking of motor vehicles, trailers, boats .and other vehicles in front yards of single-family dwellings and duplexes unless hard surfaced parking is provided and prohibiting .such parking in side yards unless hard surfaced parking or a screening fence is provided. The ordinance also provides that such parking constitutes a nuisance and that any person who violates such ordinance shall be guilty of a misde- meanor and shall be punished by a fine of up to $200 per day. Legality This action is within the purview of the City Council and there are no known legal impediments. Ficna7 Unto '~. This action does not require an expenditure of funds. City Manager's Comments The City Manager concurs with this proposal. Councilman Bert Williams IEGAIITY FISCAL NOTE ~} CITY MANAGER'S COMMENTS Councilman Herman Stute APPROVED BY CITY COUNCIL APR 3 1984 Cirl Seczetazy of the City of $o~t $/~, ,'~qg