HomeMy WebLinkAboutOrdinance 8286,~
ORDINANCE iJ0 $ ~ ~ Cv
AN ORDIiQAlvCE AMEiQDING CHAPTER 34 OF THE CODE OF
THE CITY OF FORT WORTH TEXAS (1.964) AS
AA'IENDED BY AMENDIivG SECTIONS 34-55 34-56 34-
67 34-69 34-70 34-71 34-72 34-73 34-74
34-75 34-76 34-77 34-79 AND 34-80 THEREOF
PROVIDING FOR INSURAIJCE AND INDEMNITY CHANGING
THE REQUIRED EQUIPMENT ON MOTORCYCLES REGU-
LATIIIG TRAVEL ON CERTAIN EXPRESSWAYS REQUIRIIQG
AN "ESCORT DRIVER'S PERT~IIT' PROVIDING FOR UNI-
FORM EXPIRATIOi~T OF PERMITS PROHIBITING WEAPONS
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULA-
TIVE PROVIDING A SEVERABILITY CLAUSE PROVIDING
A PEi1ALTY PROVIDING FOR PUBLICATION AND
PROVIDING AN EFFECTIVE DATE
BE IT ORDAIivED BY THE CITY COUi3CIL OF THE CITY OF FORT WORTH TEXAS
SECTION 1
That Chapter 34 be amended by revising Section 34-55 thereof
such section to read as follows
"Sec 34-55 Same-Insurance and Indemnification
policy prerequisite to issuance
"Before a license certificate shall be issued to
any owner or operator of any private motor vehicle
escort agency as defined herein or before the re-
newal of such license certificate shall be granted
tn.e holder of such license certificate shall be
required to file with the City Secretary and there-
after keep in full force and effect a policy of
public liability and property damage insurance to be
executed by an insurance company duly and legally
authorized to do business in the state and performable
in the county and to be approved by the city manager
insuring the general public and the City of Fort Worth
against any loss or damage that may result to any
person or property from the operation of such motor
vehicle escort service
In adclitio.n before any such license certificate
is issued the holder of such license shall agree to
indemnify hold harmless and defend the City of Fort
Worth against any losses or claims arising out of the
operation of such motor vehicle escort service '
SECTION 2
That Chapter 34 be further amended by revising Section 34-56
thereof such section to read as follows
Sec 34-56 Same-Terms of Insurance Policy
The liability and property insurance policy, re-
quired by the preceding section shall be noncancel-
able and shall insure against any damage or loss
resulting from the operation of such escort agency
including damage or loss caused by the acts or
omissions of each escort driver used by such motor
vehicle escort agency licensed hereunder and shall
have limits of not less than Three Hundred Thousand
Dollars for ~njuries resulting from any one accident
~,.
and Fifty Thousand Dollars for damage to property re-
sulting from any one accident Such insurance shall
be for the protection of passengers riding in an
escorted funeral procession the general public the
City of Fort Worth and the servants agents and
employees of the motor vehicle escort agency Such
policy of insurance shall be for a period of at least
one year and the date of such policy shall coincide
with the date of the license issued hereunder and
shall contain a provision for a continuing liability
thereon up to the full amount thereof notwith-
standing any recovery thereon '
SECTION 3
That Chapter 34 be further amended by revising Section 34-67
thereof such section to read as follows
'Sec 34-67 Escort Vehicles
"A funeral escort guide while actively engaged
in furnishing an escort shall use either a two
wheel or three wheel motorcycle which is in good con-
dition and which is equipped with two lamps thereon
that display a blue light visible from directly in
front of the center thereof These lamps shall be in
addition to those required by state law It shall be
unlawful for escort vehicles to be equipped with a
siren
All escort motorcycles shall be inspected prior
to use at a time and place designated by the chief of
police No additional equipment may be added after
such motorcycle inspection unless the motorcyle is
reinspected and approved before use Any motor
vehicle used in performing such escort service shall
be subject to inspection at any time by the chief of
police or his authorized representative "
SECTION 4
That Chapter 34 be further amended by revising Section 34-69
thereof such section to read as follows
'Sec 34-69 Manner of Travel of Funeral Pro-
cession
"''Funeral processions shall travel as close to
the right edge of the roadway as practical and at a
safe and prudent speed A funeral procession shall
not enter or travel upon any roadway expressway or
freeway which has a posted speed limit of 55 miles
per hour between the hours of 7 00 a m and 9 00 a m
or between the hours of 4 00 p m and 6 30 p m
Monday through Friday The above restriction shall
not apply on a legal holiday The funeral procession
shall obey all traffic laws while on a roadway
expressway or freeway which has a posted speed limit
of 55 miles per hour '
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SECTION 5
That Chapter 34 be further amended by revising Sections 34-
70 34-71 34-72 34-75 34-76 and 34-80 so that every reference
to the terms "chauffeur's license 'license or licensee shall
b.e deleted and replaced by the terms 'escort driver's permit "
"permit" or permittee" respectively and that the word "a' be
replaced by the word "an whenever used to modify the term
"escort driver's permit '
SECTION 6
That Chapter 34 be further amended by revising Section 34-73
thereof such section to read as follows
"Sec 34-73 Same-Issuance fee non trans-
ferable expiration date
"After the application for an escort driver's
permit has been approved in accordance with the pro-
visions of this article it shall be the duty of the
assessor-collector of taxes to issue an escort
driver's permit to such applicant for which a fee of
One Dollar shall be charged The permit when
issued shall not be transferable however it shall
be lawful for the holder of such permit to use the
same permit if he changes employment from one motor
vehicle escort agency to another Every such permit
shall expire at midnight on the thirty-first day of
December of the calendar year in which issued
SECTION 7
That Chapter 34 be further amended by revising Section 34-77
thereof such section to read as follows
Sec 34-77 Weapons prohibited
'No escort guide except regularly employed of-
ficers or deputies of the Department of Public
Safety the Tarrant County Sheriff's Department or
the Fort Worth Police Department who are working as
off-duty escort guides shall have on or about his
person or escort vehicle any offensive or defensive
weapon declared to be unlawful by any statutes of
the state "
SECTION 8
That Chapter 34 be further amended by revising Section 34-79
thereof such section to read as follows
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~,
'Sec 34-79 Identification of Cortege
Authority of Guides to Direct Traffic
All funeral corteges within the city must be
properly identified as such by having all vehicles
in the cortege turn on their headlights
"All vehicles in any unescorted funeral cortege
shall obey all traffic laws on every roadway within
the city All vehicles in a funeral cortege which
have been properly designated and which are being
lead by motor escort guides shall have the right of
way over all other vehicles except fire apparatus
ambulances and police vehicles at any roadway inter-
section within the city and such procession may be
escorted through stop signs or signalized inter-
sections without stopping but the drivers of such
motor vehicles shall exercise due regard for the
safety of all approaching vehicles and funeral pro-
cessions being escorted hereunder shall be subject
at all times to the control of police officers of
the city provided however that this section shall
not apply to overheight overlength or overwidth
vehicles or loads as defined in the state traffic
code nor to the operation of such vehicles in the
city as such vehicles shall at all times be subject
to the traffic laws of the city
Funeral escort guides shall not stop traffic
approaching from the opposite direction or force or
direct such traffic to move off the roadway except
that oncoming traffic may be stopped at intersections
and other places to assist the cortege in making
left turns "
SECTION 9
That this ordinance shall be cumulative of all provisions of
ordinances and of the Code of the City of Fort Worth Texas
(1964) 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 10
It is hereby declared to be the intention of the City Council
that these sections paragraphs
of this ordinance are severable
sentences clauses and phrases
and if any phrase clause
sentence paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction such unconstitutionality shall not affect
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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 by this ordinance
of any such unconstitutional phrase clause sentence paragraph or
section
SECTION 11
That any person firm or corporation who violates disobeys
omits neglects or refuses to comply with or who resists the
enforcement of any of the provisions of this ordinance shall be
fined not more than Two Hundred and iVo/100 Dollars ($200 00) for
each offense Each day that a violation is permitted to exist
shall constitute a separate offense
SECTION 12
The City Secretary of the City of Fort Worth Texas is here-
by d~r,~cted to publish the caption and penalty clause and effective
date of this ordinance for five (5) days in the official newspaper
of the City of Fort Worth Texas as authorized by the TEX REV
CIV STATS art 1176b-1
SECTIOiQ 13
This ordinance shall be in full force and effect from and
after the date of passage and publication as above specified
APPROVED AS TO FORM AND LEGALITY
-------
ity ttorney
ADOPTED ~iGG~u.~- /O~,f I ~ I
EFFECTIVE
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FBI ~ sr~eNdQ1~
1'~ETV'.-K,~R ERT
WALKER•
SANTF.RRE'
JONES
.HICKS
(;'LITiNG RTTORt~E
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Ca.ty of Fort Worth, Texas
A~layor sand Council Communication
DATE REFERENCE SUBJECT MOtOr Vehicle ESCOrt Ordinance -AGE
NUMBER
1
2 10 81 1 ,~
Problems in the City ordinance regulating funeral escort services have become
apparent recently (Section 34-48 through 34-80 of the Code of the City of Fort
Worth) The inadequacy of the ordinance became clear in July 1980 when an
off-duty Fort Worth police officer was seriously injured while trying to escort
a funeral procession alone This prompted the proposed change to require a
minimum of two escort guid es for every escorted funeral The ordinance does not
require a funeral home to hire any escorts but it does establish requirements if
a funeral home conducts as escorted funeral procession
Other changes include indemnification and broader insurance provisions which the
funeral homes must furnish to protect the City in the event that an accident
occurs In addition cert ain sections regarding equipment and uniforms have
been revised
Changes to this ordinance are designed to improve the safety of funeral proces-
sions traveling throughaut the City
Recommendation
It is reco~mti'ended that the City Council adopt the attached ordinance amending
the current Motor Vehicle Escort Ordinance
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Attachment
I~R.O~~ED; B:Y~
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MAR 1~ ~~~F
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C ec;etary of the
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SUBMITTED FOR THE
CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED 8Y
t7ii1CE SY: Q APPROVED
ORIGINATING ^ OTHER (DESCRIBE)
DEIARTMENT MEAD: ~~~~ ~ ~ ~r`! I R II +~ ~ ~~ ~~ , CITY SECRETARY
fOR ADDITIONAL INFORMATION ~"~ ~~
CONTACT pL~ DATE