HomeMy WebLinkAboutOrdinance 7961 ORDINANCE NO. 7 q
AN ORDINANCE AMENDING CHAPTER 26, "MOTOR VEHI-
CLES AND TRAFFIC," OF THE CODE OF THE CITY OF
FORT WORTH (1964) , AS AMENDED, BY AMENDING
SECTION 26-122 THEREOF TO PROVIDE FOR POSTING
OF TOW-AWAY PARKING SIGNS AT THE DISCRETION OF
THE TRAFFIC ENGINEER OF SAID CITY; PROVIDING
A SAVINGS CLAUSE AND SEVERABILITY CLAUSE; AND
PROVIDING FOR ENGROSSMENT, ENROLLtENT, FILING,
REPEAL AND AN EFFECTIVE DATE.
WHEREAS, Chapter 26, Section 26-123, of the Code of the
City of Fort Worth (1964) , as amended, provides that any vehicle
illegally parked upon a public street is a nuisance and may be towed
away; and
WHEREAS, a vehicle illegally parked may be towed away
even though there is no sign posted stating "tow-away zone"; and
WHEREAS, the posting of tow-away zone signs does not
grant the City any additional powers to tow away vehicles illegally
parked but only gives drivers notice that they may be parking in an
area where it may be more likely that their vehicle will be towed
away than in other areas;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Section 26-122 of the Code of the City of Fort Worth
(1964) , as amended, be, and the same is hereby amended so that the
same shall hereafter be and read as follows:
"Section 26-122. Tow-away zones.
In addition to signs regulating stopping, standing
or parking of motor vehicles upon any public street or
highway within the City of Fort Worth, the Traffic Engi-
neer of such City may, in his discretion, supplement any
such sign with an additional sign stating 'TOW AWAY
ZONE. ' The use of signs stating 'TOW AWAY ZONE' or the
like shall not, however, prohibit the removal by the City
of any vehicle found in any area not so marked if such
removal is in conformity with any provision of this code
or state statute."
SECTION 2.
That this ordinance shall be cumulative of all provisions
of ordinances and of the Code of the City of Fort Worth (1964) , as
amended, affecting motor vehicles and traffic, except where the
provisions of this ordinance are in direct conflict with the provi-
sions of such ordinances and such Code, in which event such con-
flicting provisions of such ordinances and such Code are hereby
repealed.
SECTION 3.
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 Chapter 26 of the Code of the City of Fort Worth
(1964) , as amended, and of any other ordinance affecting motor
vehicles and traffic which have accrued at the time of the effec-
tive 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 chapter and/or other ordinances, same
shall not be affected by this ordinance but may be prosecuted until
final disposition by the courts.
SECTION 4.
That 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
final decree of a court of competent jurisdiction, such voidness,
ineffectiveness or 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 herein of any such void, ineffec-
tive or unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION 5.
That the City Secretary of the City of Fort Worth is
hereby authorized to publish this ordinance in the official edition
of the City Code and also in pamphlet form for general distribution
2
among the public, and this ordinance, if published in pamphlet form
shall be admissible in evidence in all courts without further proof
than the production of said pamphlet, as provided in Section 3,
Chapter XXVI of the Charter of the City of Fort Worth.
SECTION 6.
That the City Secretary of the City of Fort Worth is
hereby directed to engross and enroll this ordinance by copying the
caption and Sections One (1) and Seven (7) hereof, in the minutes of
the City Council of Fort Worth and by filing the ordinance in the
ordinance records of said City.
SECTION 7.
That this ordinance shall be in full force and effect
from and after the date of its passage and publication as required
by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
A thur R. Pet rsen, City Attorney
ADOPTED: t,�,.0..t Yl i r! 7
PUBLISHED: L ,/ _
City of Fort Worth, 'rexas
FPILE SANTERRS Mayor 1� and d Council cil Communication
'HERCHERT HICKS
AtLIFF H PDKSE NUMBERCE SUBJECT: Revision Of TOW Away Zone PAGE
Ordinance i of 1
SMITH 8;'21 a'79 I°E-253
JONES The proposed attached Tow Away Zone Ordinance has been' written to allow the
Tra�vffic Engineer to supplement signs regulating stopping, standing or parking
ORI
�3ECUTfNG T W, an additional sign stating "TOW AWAY ZONE". This additional signing does
not grant the City any additional powers to tow away vehicles, but only gives
drivers notice that they are parking in an area where it is more likely that
their vehicle will be towed away than in other areas not so designated.
In the past, designated tow away zone areas were specifically listed in the
ordinance and each time additional tow away zones were initiated a change in the
ordinance was required.
The proposed ordinance revisions will alleviate the need to revise the tow away
zone ordinance each time a modification is made in the placement of signs. It
will also give the Traffic Engineer the flexibility required to regulate parking
controls as dangerous or trouble areas are created due to continuously changing
patterns in parking habits.
Recommendations
It is recommended that the City Council approve the attached ordinance amending
Chapter 126, Motor Vehciles and Traffic of the Code of the City of Fort Worth,
Section 126-22, thereof to provide for the posting of tow away signs at the
discretion of the Traffic Engineer.
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Attachment
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITIQ BY COUNCIL: PROCESSfQ BY
OFFICE BY: APPROVED G WCOYSECRETARY
ORIGINATING ADOPTED ORDINA `E � / ` �
DEPARTMENT HEAD: Gar Santerre
FOR ADDITIONAL INFORMATION �Z/,�J
CONTACT: Gary L Santerre, ext, 8050 TE / /