HomeMy WebLinkAboutOrdinance 23193-04-2018 ORDINANCE NO.23193-04-2018
AN ORDINANCE AMENDING CHAPTER 22 "MOTOR VEHICLES AND
TRAFFIC," ARTICLE I "IN GENERAL" AND ARTICLE VI "STOPPING,
STANDING AND PARKING," OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS (2015), AS AMENDED, BY AMENDING SECTION 22-1
"DEFINITIONS" TO PROHIBIT LARGE SEMI-TRAILERS FROM
PARKING IN RESIDENTIAL NEIGHBORHOODS BY AMENDING THE
DEFINITION OF "OVERSIZE COMMERCIAL VEHICLE" IN SECTION
22-162.2,TO CLARIFY THE HEIGHT MEASUREMENT IS TAKEN FROM
THE GROUND TO THE HIGHEST POINT, AND ADJUST THE HEIGHT
TO NINE FEET; AMENDING SECTION 22-159 "STORING OF MOTOR
VEHICLES ON PUBLIC STREET PROHIBITED" TO ADDRESS THE USE
OF THE TERMS "VEHICLE" AND "MOTOR VEHICLE" USED
INTERCHANGEABLY UNDER THIS SECTION; AMENDING SECTION
22-162.1 "PARKING OF OVERSIZE COMMERCIAL VEHICLES
UNLAWFUL ON PRIVATE PROPERTY"TO DELETE THE REDUNDANT
USE OF AN ALREADY DEFINED TERM; AMENDING SECTION 22-162.2
"PARKING OF LARGE AND OVERSIZE VEHICLES ON STREETS" TO
CHANGE THE USE OF"OVERSIZED"TO"OVERSIZE"TO MATCH THE
DEFINITION; AMENDING THE TITLES ONLY FOR SECTIONS 22-162.3
AND 22-162.4 TO MAKE THE TITLE STRUCTURE CONSISTENT WITH
OTHER SECTIONS; PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY CLAUSE;PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS,the City Council of the City of Fort Worth ("City Council") seeks to protect
the public safety and preserve the quality of life within the City; and
WHEREAS, it is advisable to amend Chapter 22 of the Code of the City of Fort Worth,
Texas (2015), as amended, ("City Code")to prohibit large semi-trailers from parking on-street in
areas zoned residential or used for residential purposes under Section 22-162.2 by amending the
definition of Oversize Commercial Vehicle in Section 22-1; to clarify the height measurement for
trailers and semi-trailers is taken from the ground to the highest point under Section 22-1 and
adjust height to nine feet; to address the use of the terms "vehicle" and "motor vehicle" used
interchangeably under Section 22-159; to delete the redundant definition of Oversize Commercial
Vehicle in Section 162.1; to change "oversized" to "oversize" under Section 162.2 to match the
definition; to add "On Private Property" to the titles in sections 162.3 and 22-162.4 to make the
title structure consistent with other sections; and
WHEREAS,the City Council finds this Ordinance to be reasonable and necessary;
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NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS,THAT:
SECTION 1.
Section 22-1 "Definitions" of the City Code is hereby amended to change the definition of
Oversize Commercial Vehicle to be and read as follows:
OVERSIZE COMMERCIAL VEHICLE.
(1) Any vehicle designed for the transport of more than 15 passengers,
inclusive of the driver;
(2) Any Trailer or Semi-Trailer that is more than 20 feet in length from end to
end, more than seven feet in width at its widest point, or more than nine feet in
height from the ground to its highest point; or
(3) Any motor vehicle with a gross weight, registered weight or gross weight
rating, as those terms are defined in state law, of more than 15,000 pounds,
including but not limited to the following:
a. Dump truck;
b. Truck-tractor;
c. Concrete-mixing truck;
d. Stake-bed truck;
e. Flat-bed tow truck; or
f. Panel truck.
SECTION 2.
Chapter 22 "Motor Vehicles and Traffic," Article VI "Stopping, Standing and Parking,"
Division 1 "Generally," Sections 22-159 "Storing of Motor Vehicles on Public Street Prohibited,"
22-162.1 "Parking of Oversize Commercial Vehicles Unlawful on Private Property,"and 22-162.2
"Parking of Large and Oversize Vehicles on Streets," of the City Code are hereby amended to be
and read as follows:
22-159 STORING OF VEHICLES ON PUBLIC STREET PROHIBITED.
(a) It shall be unlawful for any person to store or allow the storage of a vehicle
upon the public streets, alleys, sidewalks or parkways of the city.
(b) For purposes of this section, a vehicle shall be considered stored if it has
remained parked at or nearly at the same location for a continuous period of time
in excess of five days. A stored vehicle is deemed to be a vehicle which is illegally
parked on public property,and such vehicle shall be subject to removal and disposal
as an abandoned vehicle, according to the terms of Article IX, Division 1, of this
chapter.
Ordinance No.23193-04-2018
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22-162.1 PARKING OF OVERSIZE COMMERCIAL VEHICLES ON PRIVATE
PROPERTY.
(a) It shall be unlawful for any person to park or allow to be parked any oversize
commercial vehicle or any tow trucks,dump trucks,truck-tractors,concrete mixing
trucks, stake-bed trucks, buses, or similar vehicles, regardless of weight, on any
property under his or her control or any portion of a front yard including the
driveway, side yard or rear yard of any area of district which is residentially zoned
under the comprehensive zoning ordinance or used for residential purposes.
(b) This section does not apply to a recreational vehicle as defined in Section
22-1 that is less than 26 feet in length.
22-162.2 PARKING OF LARGE AND OVERSIZE VEHICLES ON STREETS.
(a) It shall be unlawful for the driver, owner or operator of an oversize
commercial vehicle to park or permit to be parked, stand or remain motionless:
(1) On a public street in any area zoned residential under the comprehensive
zoning ordinance or used for residential purposes unless the vehicle is being
actively loaded or unloaded; or
(2) For more than two hours on a public street in any area not zoned residential
under the comprehensive zoning ordinance or not used for residential purposes.
(b) It shall be unlawful for the driver, owner or operator of a large recreational
vehicle and an oversize recreational vehicle to park or permit to be parked, stand or
remain motionless:
(1) On a public street in any area zoned residential under the comprehensive
zoning ordinance or used for residential purposes; or
(2) On a public street in any area not zoned residential under the
comprehensive zoning ordinance or not used for residential purposes.
(c) It is an exception to subsection (b)(1) above that the large recreational
vehicle or oversize recreational vehicle is being parked or allowed to be parked,
stand or remain motionless for loading, unloading, maintenance, or any
combination thereof,for no more than 72 hours in any seven-day period.Relocation
of the large recreational vehicle or oversize recreational vehicle to another location
on private property or the adjoining public street does not stop the running of the
72-hour period.
SECTION 3.
The titles only for Chapter 22 "Motor Vehicles and Traffic," Article VI "Stopping,
Standing and Parking,"Division 1 "Generally," Sections 22-162.3 "Parking of Large Recreational
Vehicles," and 22-162.4 "Parking of Oversize Recreational Vehicles" of the City Code are hereby
amended to be and read as follows:
22-162.3 PARKING OF LARGE RECREATIONAL VEHICLES ON PRIVATE
PROPERTY.
Ordinance No.23193-04-2018
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22-162.4 PARKING OF OVERSIZE RECREATIONAL VEHICLES ON
PRIVATE PROPERTY.
SECTION 4.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (2015), 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 5.
It is hereby declared to be the intention of the City Council that the phrases,clauses,sentences,
paragraphs and sections of this ordinance are severable,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 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 6.
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 Code of the City of Fort Worth, or any other ordinances of
the City,that have accrued at the time of the effective date of this ordinance;and,as to such accrued
violations and all pending litigation,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 7.
Violation of the provision of this ordinance amending Sections 22-162.1, 22-162.3, and
22-162.4 of the City Code shall be a criminal offense. Accordingly, any person, firm, or
corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the
enforcement of Sections 22-162.1, 22-162.3, and 22-162.4 of the City Code shall be fined an
amount not exceeding five hundred dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
Violation of the provisions of this ordinance amending Sections 22-159 and 22-162.2 of
the City Code shall be civil offenses subject to civil penalties and fines pursuant to the procedures
for administrative adjudication as set forth in Chapter 10 of this Code. Accordingly, any person,
firm, or corporation who violates Sections 22-159 and 22-162.2 of the City Code related to the
parking, stopping or standing of vehicles shall be fined in an amount not exceeding two hundred
Ordinance No.23193-04-2018
Page 4 of 5
dollars ($200.00) for each offense. Each day that a violation exists shall constitute a separate
offense.
SECTION 8.
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, Texas, as authorized by Texas Local Government Code,
Section 52.013.
SECTION 9.
All other provisions of Chapter 22 of the Code of the City of Fort Worth, as amended, shall
remain in full force and effect, save and except as amended by this ordinance.
SECTION 10.
This ordinance shall take effect upon adoption and publication as required by law,and it is
so ordained.
APPRO D AS TO FORM AND LEGALITY: ATTEST:
Jessica S g sis t Ci A rney II J.Ka , Cyy sEcretary
ADOPTED: April 17, 2018
EFFECTIVE: _ Z
Ordinance No.23193-04-2018
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 4/17/2018 -Ordinance No. 23193-04-2018.
DATE: Tuesday, April 17, 2018 REFERENCE NO.: G-19270
LOG NAME: 20ORDINANCE TRAILER/SEMI TRAILER PARKING
SUBJECT:
Adopt Ordinance Amending Chapter 22 "Motor Vehicles and Traffic" of the City Code to Prohibit Large
Semi-Trailers from Parking On-Street in Residential Areas, to Clarify Height Measurements, to Revise
Certain Definitions, and to Complete Other Minor Revisions (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 22 "Motor
Vehicles and Traffic" of the City Code to prohibit large semi-trailers from parking on-street in residential
areas, to clarify height measurements, to revise certain definitions, and to complete other minor revisions.
DISCUSSION:
In the fall of 2017, Staff briefed City Council regarding the option to restrict the parking of trailers and
semi-trailers in residential areas overnight regardless of size and included a recommendation to make
minor revisions to the City Code to clarify the regulation of trailers and semi-trailers. Council indicated a
preference to not change the City Code to restrict trailer and semi-trailer parking overnight in residential
areas, but acknowledged the need to make the other minor revisions to the language of the ordinance in
order to provide better clarity to City enforcement staff and the public, as discussed in detail below.
The following items are included in this ordinance amendment:
1. Height measurement of trailer/semi-trailer—Sections 22-1 and 22-162.1 have historically been
interpreted to measure the height of the trailer from some point on the bottom of the trailer to the highest
point on the top. There are several different points at the bottom to measure from, resulting in the need to
define a specific point. Practice suggests that the ground elevation be the point of measurement and is the
recommended datum point for measurement. In changing this measurement point, it is necessary to
reassess the maximum height restriction such that current trailers/semi-trailers are not impacted. Staff has
evaluated exiting trailers/semi-trailer and determined that a height of nine feet as measured from the
ground would accommodate trailers/semi-trailers that measure seven feet from the bottom of the trailer
bed. The resulting change in measurement technique and maximum height provides the easiest method
and would not prohibit current trailer/semi-trailer users from parking on the street.
2. Semi-trailer- Section 162.2 of the City Code prohibits large trailers from parking in areas zoned
residential or used for residential purposes; however, large semi-trailers are not prohibited because the
definition of Oversize Commercial Vehicle did not include semi-trailers. Most "trailers" used by residents
are actually by definition semi-trailers, and leaving off semi-trailers was likely inadvertently done when the
original ordinance was adopted. The proposed City Code revisions will prohibit semi-trailers more than 20
feet in length from end to end, and more than seven feet in width at their widest point, or more than nine
feet in height from the ground to the highest point from parking on-street in areas zoned residential or
used for residential purposes, which mirrors the prohibition of large trailers.
Logname: 20ORDINANCE TRAILER/SEMI TRAILER PARKING Page I of 2
3. Other minor revisions are being included to address the use of the terms "vehicle" and "motor vehicle"
used interchangeably under Section 22-159 of the City Code, to delete the redundant definition of
Oversize Commercial Vehicle under Section 22-162.1, to change "oversized"to "oversize" under Section
162.2 of the City Code to match the definition, and to amend the titles only for Sections 22-162.3 and 22-
162.4 to make the title structure consistent with other sections.
This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION / CERTIFICATION:
The Director of Finance certifies that this action will have no material effect on City funds.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccoun Project Program ctivity Budget Reference # mount
ID ID Year Chartfield 2
FROM
Fund Department ccoun Project Program ctivity Budget Reference # �mounl
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CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Douglas Wiersig (7801)
Additional Information Contact: Douglas Wiersig (7801)
Logname: 20ORDINANCE TRAILER/SEMI TRAILER PARKING Page 2 of 2