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HomeMy WebLinkAboutCP 173 CIT FO WO s TEXAS COUNCIL PROPOSAL Date File Number Subject Ordinance Regulating Motor Vehicle Cruising 7/21/92 CP-173 Proposed by Councilmember City an eview Carlos Puente ---- Page_L__ f 2 Recommendation LJ It is proposed that the City Council adopt the attached ordinance which provides for the prohibition of cruising in certain designated areas. Back found 00, Traffic problems currently e)dst in the Stockyards Historic District due to persons who cruise in motor vehicles. This activity obstructs traffic and hampers access to the area by police and emergency vehicles. These problems could be eliminated if an ordinance were adopted prohibiting cruising between 9:00 p.m. and 3:00 a.m. in the following "no cruising zone": Street Extent 23rd Street Clinton Street to Packers Avenue Clinton Street 23rd Street to 26th Street 26th Street Clinton Street to the St. Louis and South- western Railway Tracks Stockyards Boulevard North Main Street to the St. Louis and Southwestern Railway Tracks Packers Boulevard 23rd Street north in a line to Stockyards Boulevard ❑ LEGALITY ❑ FISCAL NOTE ' ❑ CITY MANAGER'S COMMENTS ❑ CITY POLICIES MANUAL CIT FO WO , TEXAS 0 COUNCIL PROPOSAL Date File Number Subject Ordinance Regulating Motor Vehicle Cruising 7/21/92 CP-173 Proposed by Councilmember City Managers Review Carlos Puente Page 2__0t 2 "Cruising" would mean when a person operates a motor vehicle so as to pass a traffic control point within the no cruising zone three times within any two-hour period. Violation would be punishable by a fine of not less than$50.00 nor more than$500 for each violation. The zone would be marked with signs. It would be an affirmative defense to prosecution if the motor vehicle was: 1. owned by a municipality, county, the state or United States; 2. an emergency or public safety vehicle; 3. a public transportation vehicle; or 4. a vehicle used for business purposes when verification of the business use is provided. The ordinance is written so as to allow for the designation of other no-cruising zones as needed. Such designation would require City Council approval. Legality The City Attorney has reviewed the above proposal and there are no legal impediments. Fiscal Note The City Manager has reviewed the above proposal and recommends this ordinance be adopted. APPROVED CITY COUNCIL Carlos Puente, Councilmember JUL 21 1892 District 2 of tht ❑ LEGALITY Cityt of Forrt,Wordu Texas ❑ FISCAL NOTE ❑ CITY MANAGER'S COMMENTS 0 CITY POLICIES MANUAL ORDINANCE NO. I AN ORDINANCE AMENDING CHAPTER 22 , "MOTOR VEHICLES AND TRAFFIC" , OF THE CODE OF THE CITY OF FORT WORTH, TEXAS ( 1.986 ) , AS AMENDED, BY ADDING A NEW SECTION 22-21, ENTITLED "CRUISING PROHIBITED IN DESIGNATED AREAS" , PROHIBITING CRUISING IN MOTOR VEHICLES IN DESIGNATED AREAS; DEFINING TERMS; PROVIDING DEFENSES; AUTHORIZING THE CITY TRAFFIC ENGINEER TO POST SIGNS IN A NO CRUISING ZONE; PROVIDING A PENALTY OF NOT LESS THAN $50 . 00 NOR MORE THAN $500 . 00; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 22 , "Motor Vehicles and Traffic " , of the Code of the City of Fort Worth ( 1986 ) , as amended, be and is hereby amended by adding a new Section 22-21 to read as follows: Sec . 22-21 . Cruising prohibited in designated areas . A. Short title. This Ordinance shall be known and may be cited as the "Cruising Ordinance" . B. Purposes and Findings . 1 . Purposes . The purpose of this Ordinance is to increase emergency vehicle and police access to certain areas ( "no cruising zones " ) by enhancing the orderly and unobstructed flow of motor vehicle traffic throughout such areas . This will be accomplished by: a. reducing traffic congestion caused by an increased volume of motor vehicle traffic participating in repetitive transit throughout such areas ; b. reducing the likelihood of preventable mishaps and crises arising from an inability of police and emergency per- sonnel to respond to locations within such areas due to excessive traffic con- gestion caused by cruising; C . enhancing police and emergency personnel response time to such areas by reducing the excessive traffic congestion caused by cruising; and d. increasing access by members of the general public to such areas, which access is currently restricted due to unnecessary traffic congestion arising from cruising. 2 . Findings . Of In determining that a need exists for this Ordinance, the City Council finds and deter- mines as follows : a. Cruising and the resulting gridlock of traffic have created significant problems in gaining access to certain areas, ( "no cruising" zones ) , not only for the general public, but more importantly for emergency vehicles . b. Incidents have occurred in which the police department has been delayed in responding to police incidents and emergencies because of the traffic congestion resulting from cruising. C . Incidents have occurred in which fire department and emergency medical person- nel have been delayed in responding to medical emergencies because of traffic congestion resulting from cruising. d. The inability of the police department to respond within a reasonable time to police incidents and the inability of the fire department to respond within a reasonable time to fire alarms or calls for medical help could result in a great loss of life and property. e. It is in the interest of the public health, safety and welfare to resolve the s cruising problem in order to provide 2 freer access to such areas by emergency vehicles and the general public . C. Definitions . For the purposes of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future; words in the plural number include the singular; and words in the singular number include the plural . The word "shall " is always mandatory and not merely direc- tory. In this Ordinance: 1 . "CRUISE" or "CRUISING" means to operate a motor vehicle, or to permit the operation of a Of motor vehicle under one' s care, custody or control , so as to pass the same traffic con- trol point within a no cruising zone three times within any two-hour period. 2 . "NO CRUISING ZONE" means : The area bounded by and including the following streets or portions of streets, which area shall be known as the "Stockyards Historic District No Cruising Zone" : STREET EXTENT 23rd Street Clinton Street to Packers Avenue t Clinton Street 23rd Street to 26th Street 26th Street Clinton Street to the St. Louis and Southwestern Railway Tracks Stockyards North Main Street to the Boulevard St. Louis and Southwestern Railway Tracks Packers Boulevard 23rd Street north in a line to Stockyards Boulevard 3 . "TRAFFIC CONTROL POINT" means any point estab- lished by the Chief of Police within a no cruising zone for the purpose of monitoring cruising. 3 D. Violations : A person commits an offense under this Ordinance, if: 1 . between the hours of 9 : 00 P.M. and 3 : 00 A.M. , on any day of the week: 2 . he or she cruises, as defined herein, 3 . in a "NO CRUISING ZONE" marked in accordance with Subsection H below. E. Enforcement . A citation shall be issued under this section any time after a police officer has determined that the driver of a vehicle has passed a traffic control point more than three times within a two-hour period. F . Penalties . A person determined to be in violation of this Ordinance shall be fined, upon conviction, not less than $50 . 00 and not more than $500 . 00 . G. Affirmative Defenses . It shall be an affirmative defense to prosecution under this Ordinance that the motor vehicle was : 1 . owned by a municipality, a county, the State of Texas or the United States Government; 2 . an emergency or conspicuously marked public safety vehicle; 3 . a licensed public transportation vehicle; or 4 . a vehicle being used for business purposes and verification of this business was provided. H. Demarcation of the NO CRUISING ZONE . 1 . The City of Fort Worth traffic engineer shall mark a NO CRUISING ZONE by conspicuously posting appropriate signs at each entrance to the zone. 2 . A NO CRUISING ZONE requiring demarcation shall consist of an area described in Subsection C above. 4 � a SECTION 2 . This Ordinance shall be cumulative of all provisions of all ordinances 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 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- 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 or 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 City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1 and 6 of this Ordinance for two ( 2 ) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 . 013, Texas Local Government Code. 5 SECTION 5 . 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: City Attorney Date: ADOPTED: EFFECTIVE : OV 6