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HomeMy WebLinkAboutCP 130 MEW ori Toru MM ° U oUEW , f POLICY PROPOSAL DATE FILE NUMBER SUBJECT AMENDMENT TO FRONT YARD PAGE-I—OF-I_ 4-21-87 C.P. 130 PARKING ORDINANCE PROPOSAL PROPOSED BY: Councilman CI ANAGE REVIEW Bert C. Williams BACKGROUND City Ordinance No. 9062, adopted by the City Council on April 3, 1984, prohibits the parking of motor vehicles, trailers, boats and other vehicles in front yards and side yards of areas zoned for one-family and two-family residences unless hard surfaced parking or a screening fence is provided. The ordinance recognizes the detrimental impact that this practice has on the health, safety, and welfare of residents in those areas. PROPOSAL Various public events such as Pioneer Days, Chisholm Trail Days, the Colonial NIT, and other events .are held throughout the year. These events frequently attract large numbers of people and passenger vehicles to areas where there is insufficient on and off-street parking to safely accommodate them. It is proposed that the current ordinance be amended to allow front and side yard parking during the times and in the areas that these various events are held. It is also proposed that property zoned "R-2" residential under the Comprehensive Zoning ordinance be added into the ordinance regulating front yard parking. LEGALITY The City Attorney has reviewed the above proposal and there are no known legal impediments. FISCAL NOTES None. APPROVED BY CITY MANAGER'S COMMENTS CITY COUNCIL The City Manager has no objections to this proposal . APR 21 1987 lug� �4ddw �Yty of r9d WW'h4 Tema LEGALITY ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS ❑ COUNCILMAN BERT C. WILLIAMS DISTRICT 5 ORDINANCE NO. AN ORDINANCE AMENDING SECTION 22-160 OF THE CODE OF THE CITY OF FORT WORTH ( 1 986) , PROHIBITING THE PARKING OF MOTOR VEHICLES, TRAILERS, 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; PROVIDING EXCEPTIONS FOR CERTAIN TEMPO- RARY SPECIAL EVENTS ; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT ; PROVIDING FOR PUBLICATION ; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH , TEXAS : SECTION 1 . That Section 22- 160 of the Code of the City of Fort Worth is hereby amended to read as follows: "Sec. 22- 160 . Parking of motor vehicles , trailers , boats and other vehicles in front yards and side yards of areas zoned one-family and two-family. (a) 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, "R-1 " Residential , or "R-2" 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 off-street parking area required by the Comprehensive Zoning Ordinance ; or ( 4 ) Said area is part of a side yard which is en- closed 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. ( b) 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 . ( c) 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 . (d ) The terms of this section shall not be construed to apply to the parking of vehicles in a front yard or side yard where such parking is permitted in conjunction with temporary special events open to the public which may be designated from time to time by the City Council . ( e ) This section shall be cumulative of all ordinances of the City except where the provisions of this section are in direct conflict with the provisions of such ordinances , in which event conflicting provisions of such ordinances are hereby repealed. " SECTION 2. 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 . -2- SECTION 3. 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 ordi- nance, shall be and is hereby declared to be a separate and distinct offense and punishable as such . SECTION 4. All rights and remedies of the City of Fort Worth, Texas , are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances affecting parking of vehicles which have accrued at the time of the effective date of this 4 ordinance ; and , as to such accrued violations and all pending liti- gation , 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 5. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1 , 3 , 6 and 7 of this ordinance 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 and Sections 1 , 3 , 6 and 7 of this -3- 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 : ADOPTED EFFECT IVE : -4-