HomeMy WebLinkAboutOrdinance 23767-08-2019 ORDINANCE NO. 23767-08-2019
AN ORDINANCE AMENDING CHAPTER 2 2 "MOTOR VEHICLES AND
TRAFFIC," ARTICLE I "IN GENERAL," SECTION 22-1 "DEFINITIONS"
OF THE CODE OF THE CITY OF FORT WORTH(2015),AS AMENDED,TO
CHANGE THE DEFINITION OF "AUTHORIZED EMERGENCY
VEHICLE" TO INCLUDE VEHICLES ASSIGNED TO THE FORT WORTH
POLICE DEPARTMENT'S ABANDONED VEHICLE ENFORCEMENT
UNIT AND VEHICLES ASSIGNED TO THE EMERGENCY
MANAGEMENT OFFICE; PROVIDING THAT THIS ORDINANCE IS
CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL
CONFLICTING ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 541.201 of the Texas Transportation Code defines "authorized
emergency vehicles" and authorizes the governing body of a municipality to further designate
vehicles as "authorized emergency vehicles"; and
WHEREAS,the Fort Worth Police Department's Abandoned Vehicle Enforcement Unit is
a division comprised of non-sworn employees whose duties include identifying and removing
abandoned motor vehicles located on City streets and highways; and
WHEREAS, the Emergency Management Office is a division comprised of non-sworn
employees whose duties include coordinating city activities during emergencies; and
WHEREAS, the Abandoned Vehicle Enforcement Unit and the Emergency Management
Office are unable to equip its vehicles with emergency lights similar to other emergency vehicles
because these vehicles are not driven by police officers, nor are they designated as authorized
emergency vehicles;
WHEREAS, Chapter 22, Article I, Section 22-1 of the Code of the City of Fort Worth
(2015), as amended("City Code"),defines"authorized emergency vehicles,"but the definition does
not include the vehicles used by the Abandoned Vehicle Enforcement Unit or vehicles used by the
Emergency Management Office; and
WHEREAS, designating these vehicles as "authorized emergency vehicles" will allow the
respective departments to equip these vehicles with emergency lights and other safety equipment
and will allow for these vehicles to be included as emergency vehicles for purposes of state laws
designed to protect drivers of authorized emergency vehicles in the course of their duties.
Ordinance No. 23767-08-2019
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NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS:
SECTION 1.
That Chapter 22 "Motor Vehicles and Traffic," Article I "In General," Section 22-1, "Definitions,"
of the City Code is hereby amended to change the definition of"authorized emergency vehicle"to
include vehicles assigned to the Police Department's Abandoned Vehicle Enforcement Unit and
vehicles assigned to the Emergency Management Office as follows:
"AUTHORIZED EMERGENCY VEHICLE. Vehicles of the fire department (fire
patrol), police vehicles, vehicles used by City of Fort Worth employees for abandoned
vehicle enforcement,vehicles used by City of Fort Worth employees for the emergency
management office, public and private ambulances for which permits have been issued
by the state board of health, emergency vehicles of municipal departments or public
service corporations as are designated or authorized by the governing body of an
incorporated city, and private vehicles operated by volunteer firefighters or certified
emergency medical services volunteers while answering a fire alarm or responding to
a medical emergency, and vehicles operated by blood banks or tissue banks, accredited
or approved under the laws of this state or the United States, while making emergency
deliveries of blood, drugs or medicines or organs."
SECTION 2.
That 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 indirect
Ordinance No.23767-08-2019
Page 2 of 4
conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of
such ordinances and such Code are herebyrepealed.
SECTION 3.
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 4.
All other provisions of Chapter 22 of the City Code shall remain in full force and effect,
save and except as amended by this ordinance.
SECTION 5.
This ordinance shall take effect upon adoption as required by law, and it is so ordained.
Ordinance No.23767-08-2019
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APPROVED AS TO FORM AND LEGALITY: ATTEST:
Assistant City Attorney a J. Kayser, City S cr tary
Date: �Ao /9
Adopted and Effective: August 27, 2019
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Ordinance No.23767-08-2019
Page 4 of 4
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 08/27/19 M&C FILE NUMBER: M&C 19-0077
LOG NAME: 35AMEND MOTOR VEHICLE AND TRAFFIC ORDINANCE
SUBJECT
Adopt Ordinance Revising Section 22-1 of the City Code to Define Vehicles Utilized in the Police Department's Abandoned Vehicle Enforcement
Unit and Emergency Management Office as Authorized Emergency Vehicles(ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance to revise the definition of Authorized Emergency Vehicle,to include vehicles
from the Abandoned Vehicle Enforcement Unit and The Emergency Management Office.
DISCUSSION:
Chapter 22"Motor Vehicles and Traffic,"Article I"In General,"Section 22-1 "Definitions"of the Code of the City of Fort Worth(2015),as
amended,defines"Authorized Emergency Vehicle".The Texas Transportation Code,Section 541.201,authorizes the governing body of a
municipality to further designate additional vehicles as"Authorized Emergency Vehicles",which are not included in the Texas Transportation Code.
The Fort Worth Police Department is recommending amending Chapter 22,Article I,Section 22-1 "Definitions"to include vehicles operated by the
Fort Worth Police Department's Abandoned Vehicle Enforcement Unit and the City of Fort Worth's Emergency Management Office.
Designating these vehicles as"Authorized Emergency Vehicles"will allow the respective departments to equip these vehicles with emergency
lights and other safety equipment and will allow for these vehicles to be included as emergency vehicles for purposes of state laws designed to
protect drivers of authorized emergency vehicles in the course of their duties.
A Form 1295 is not required for this contract because:This M&C does not request approval of a contract with a business entity.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that the proposed changes will have no material effect on City funds.
Submitted for City Manager's Office by Jay Chapa 5804
Originating Business Unit Head: Ed Kraus 4231
Additional Information Contact: Vincent Brown 4312