HomeMy WebLinkAboutOrdinance 19947-10-2011ORDINANCE NO. 19947 -10 -2011
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH, TEXAS, (1986), AS AMENDED, TO MAKE REVISIONS
REGARDING PARKING METERS BY AMENDING CHAPTER 10
"COURTS ", ARTICLE II "PARKING VIOLATIONS BUREAU ",
SECTIONS 10 -22 "ENFORCEMENT" AND 10 -26 "FINES AND FEES"
AND CHAPTER 22 "MOTOR VEHICLES AND TRAFFIC", ARTICLE I
"IN GENERAL" SECTION 22 -1 "DEFINITIONS ", ARTICLE VI
"STOPPING, STANDING AND PARKING", DIVISION 1 "GENERALLY",
SECTIONS 22 -158.1 "COMMERCIAL LOADING ZONE ", 22 -162.1
"PARKING OF OVERSIZE COMMERCIAL VEHICLES UNLAWFUL
ON PRIVATE PROPERTY", 22 -167 "UNATTENDED MOTOR
VEHICLE", 22 -169 "OWNER PRIMA FACIE RESPONSIBLE FOR
ILLEGAL PARKING" AND DIVISION 2 "PARKING METERS",
SECTION 22 -191 "ESTABLISHMENT OF ZONES AND MAXIMUM
PARKING TIME THEREIN; ESTABLISHMENT OF FEES"; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF
THE CITY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS:
SECTION 1.
A. Chapter 10 "Courts ", Article II "Parking Violations Bureau ", Section 10 -22
"Enforcement ", Subsection (b) (1) is hereby amended so that such subsection shall hereafter read
as follows:
The offender has three (3) or more delinquent unpaid citations.
B. Chapter 10 "Courts ", Article II "Parking Violations Bureau ", 10 -26 "Fines and Fees ",
Subsection (c) "Fines and Fees" is hereby amended so that such subsection shall hereafter read as
follows:
The boot fee shall be fifty dollars ($50.00). Charges for towing and/or storage of
impounded vehicles shall be as provided by the law applicable to abandoned
vehicles.
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Ordinance No. 19947-10-2011
SECTION 2.
A. Chapter 22 "MOTOR VEHICLES AND TRAFFIC ", ARTICLE I "IN GENERAL"
SECTION 22 -1 "DEFINITIONS ", is hereby amended to add:
Parking meter means a device that registers the amount of time purchased for the
parking of a motor vehicle in a parking zone.
B. Chapter 22 "MOTOR VEHICLES AND TRAFFIC ", ARTICLE I "IN GENERAL"
SECTION 22 -1 "DEFINITIONS ", is hereby amended so that such definition of "commercial
motor vehicle" shall hereafter read as follows:
Commercial motor vehicle means:
(1) a motor vehicle, other than a motorcycle, designed or used primarily to transport
property. The term includes a passenger car reconstructed and used primarily for
delivery purposes; and
(2) a motor vehicle displaying the registrant's name and address permanently affixed
in characters at least three inches high on both sides of the vehicle, with such display
being in a color contrasting with that of the vehicle and placed approximately
midway vertically on doors or side panels.
C. Chapter 22 "MOTOR VEHICLES AND TRAFFIC ", ARTICLE VI "STOPPING,
STANDING AND PARKING ", DIVISION 1 "GENERALLY ", SECTION 22 -158.1
"COMMERCIAL LOADING ZONE ", subsections (a) and (b) are hereby revised so that Section
22 -158.1 shall hereafter read as follows:
(a) It shall be unlawful for the driver of a non - commercial motor vehicle to stop,
stand or park such vehicle for a period of time in a location specifically designated
for use by commercial motor vehicles unless such vehicle has a loading permit for
that time and place.
(b) It shall be unlawful for the driver of a commercial motor vehicle to stop or park
such vehicle for a period of time longer than that specified for that commercial
loading zone or as detailed in a loading permit.
(c) It shall be unlawful for the driver of a commercial motor vehicle or the holder of
a loading permit who parks a vehicle in a commercial loading zone to use such zone
for any use besides the expeditious loading, unloading, delivery, or pick up of
supplies or merchandise.
D. Chapter 22 "MOTOR VEHICLES AND TRAFFIC ", ARTICLE VI "STOPPING,
STANDING AND PARKING ", DIVISION 1 "GENERALLY ", Section 22 -162.1 "PARKING
OF OVERSIZE COMMERCIAL VEHICLES UNLAWFUL ON PRIVATE PROPERTY ",
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Ordinance No. 19947-10-2011
Subsections (a) and (b) are hereby amended so that such subsections shall hereafter read as
follows:
(a) It shall be unlawful for any person to park or allow to be parked any oversize
commercial vehicle on any property under his 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) For purposes of this section, "oversize commercial vehicle" shall mean any
vehicle designated below, or any vehicle designed for the transport of property or
cargo with a gross weight, registered weight or gross weight rating, as those terms
are defined in state law, of more than fifteen thousand (15,000) pounds, or any
vehicle designed for the transport of more than fifteen (15) passengers, inclusive of
the driver. Designated vehicles, for the purposes of this section, are tow trucks,
dump trucks, truck- tractors, concrete mixing trucks, stake -bed trucks, buses, trailers
which are more than twenty (20) feet in length from end to end, more than seven (7)
feet in width at their widest point, or more than seven (7) feet in height at their
highest point, or vehicles similar to any of the listed vehicles. The term "oversize
vehicle" shall exclude any self - contained recreational vehicle which has a kitchen,
bath or sleeping quarters and is designed for recreational purposes.
E. Chapter 22 "MOTOR VEHICLES AND TRAFFIC ", ARTICLE VI "STOPPING,
STANDING AND PARKING ", DIVISION 1 "GENERALLY ", Section 22 -167
"UNATTENDED MOTOR VEHICLE" is hereby amended so that such Section shall hereafter
read as follows:
No person driving or in charge of a motor vehicle shall permit it to stand unattended
without first stopping the engine, locking the ignition, removing the key from the
ignition and effectively setting the brake thereon and, when standing upon any
grade, turning the front wheels to the curb or side of the highway. Use of a remote
starting device does not create an exemption to this section.
F. Chapter 22 "MOTOR VEHICLES AND TRAFFIC ", ARTICLE VI "STOPPING,
STANDING AND PARKING ", DIVISION 1 "GENERALLY ", Section 22 -169 "OWNER
PRIMA FACIE RESPONSIBLE FOR ILLEGAL PARKING" is hereby amended so that such
Section shall hereafter read as follows:
If any vehicle is found in violation of any provision of this Code or of state statute
regulating the stopping, standing, or parking of a vehicle, the owner, or person in
whose name such vehicle is registered, shall be held prima facie responsible for
such violation.
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Ordinance No. 19947-10-2011
G. Chapter 22 "MOTOR VEHICLES AND TRAFFIC ", ARTICLE VI "STOPPING,
STANDING AND PARKING ", DIVISION 2 "PARKING METERS ", SECTION 22 -191
"ESTABLISHMENT OF ZONES AND MAXIMUM PARKING TIME THEREIN;
ESTABLISHMENT OF FEES ", Subsections (b), (c) and the first sentence of (d), only, (numbers
(d)(1) -(5) to remain unchanged) are hereby amended so that such subsections or portions of
subsections shall hereafter read as follows:
(b) The traffic engineer is hereby authorized to designate such parking meters zones
upon any street or portion of street where it is determined, upon the basis of an
engineering and traffic investigation, that the installation of parking meters shall be
necessary to aid in the regulation, control or inspection of the parking of vehicles in
the exercise of the police power of regulating, operating or controlling the operation
of vehicles using public streets. The parking of vehicles in such parking meter
zones shall be controlled and regulated by parking meters installed and maintained
by the designee of the director of the transportation and public works department
and located upon the curb either adjacent to the parking space or at one or more
locations within the blockface.
(c) A designee of the director of the transportation and public works department
may designate the maximum parking time for each parking meter, basing the
decision upon the investigation above set forth.
(d) The fees for parking shall be paid in the currency of the United States of
America and are established as follows: [remainder of the section to remain
unchanged]
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances 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 4.
That all rights or remedies of the City of Fort Worth, Texas are expressly saved as to any
and all violations of the provisions of Chapters 10 or 22 or the Code of the City of Fort Worth
(1986), as amended, and of any other ordinance affecting motor vehicles and traffic which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations, and
all pending litigation, both civil or criminal, whether pending in court or not, under such chapter
and /or other ordinances same shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
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Ordinance No. 19947 -10 -201 1
SECTION 5.
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 void, ineffective or unconstitutional by the
valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or
unconstitutionality shall not effect 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 void, ineffective or unconstitutional phrase, clause,
sentence, paragraph or section.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and penalty provisions (Section 1 A. and B.; Section 2 C., D., E. and F.) of this ordinance
for two (2) days in the official newspaper of the City of Fort Worth, Texas, as required by City
Charter and Section 52.013, Texas Local Government Code.
SECTION 7.
That this ordinance shall take effect after its passage and publication as required by law,
and it is accordingly so ordained.
O AS TO FORM AND LEGALITY:
Assistant City Attorney
M &C: G -17425
DATE:
ADOPTED: October 25, 2011
EFFECTIVE: CSC C`l'C
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Ordinance Igo. 19947-10-2011