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HomeMy WebLinkAboutOrdinance 7508 ORDINANCE NO. S O AN ORDINANCE AMENDING CHAPTER 26, "MOTOR VEHICLES AND TRAFFIC, " OF THE CODE OF THE CITY OF FORT WORTH (1964) , AS AMENDED, BY AMENDING SECTION 26-84 OF ARTICLE V THEREOF BY MAKING UNLAWFUL THE MOVING OF VEHICLES INVOLVED IN COLLISIONS UNTIL AFTER POLICE OFFICERS HAVE ARRIVED AT THE SCENE AND MADE INVESTIGATION EXCEPT UNDER CERTAIN CONDITIONS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMU- LATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING MOTOR VEHICLES AND TRAFFIC; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AUTHORIZING PUBLICATION IN PAMPHLET FORM; DIRECTING PUBLICATION OF THE CAPTION AND PENALTY CLAUSE; DIRECTING THE ENGROSSMENT AND ENROLLMENT OF THE CAPTION AND PENALTY CLAUSE AND THE FILING OF THIS ORDINANCE; PROVIDING A PENAL CLAUSE; AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Section 26-84 of Article V of Chapter 26 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended so that hereafter same shall read and be as follows: "Sec. 26-84 Moving vehicle after collision. "Except when necessary to avoid conflict with or obstruction of other traffic, or in compliance with the directions of a police officer, it shall be unlawful for any person to move or cause to be moved a vehicle involved in a collision of any kind resulting in damage to person or property on the public streets and public places of the city after such collision and before police officers have arrived at the scene and made investigation thereof." 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 provisions of such ordinances and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby repealed.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 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 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, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation -2- herein of any such void, ineffective 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 pamphlet form for general distribution among the public and this ordinance as so published 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 publish the caption and penalty clause of this ordinance for five (5) days in the official newspaper of the City of Fart Worth, as authorized by Article 1176b-1, Revised Civil Statutes of Texas. SECTION 7. That the City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the ordinance in the ordinance records of said City. SECTION 8. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each day or portion thereof during which any violation of any of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . -3- SECTION 9. 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: S. G. Johndroe, Jr. City Attorney -4- UNE City of Fort Worth, Texas .A,LIFI Mayor and Council Communication .MIiAM SAPITERRE DATE REFERENCE SUBJECT: Ordinance Amending Motor PAGE 2/28/77 NUMBER Vehicles and Traffic Code 1 ct 1 TE-150 Background The current Code of the City of Fort Worth makes it unlawful for a person involved in a traffic accident to move their vehicle from the site of the collision. This provision of the City Code is contrary to state law and has created major problems in regard to minor accidents on major thoroughfares and freeways, as well as minor problems on lesser traveled streets. The problems occur due to lane blockage, additional accidents caused by the original accident, and the slowing of traffic as non-involved motorists try to see "what happened". Amendment The proposed ordinance amending the Code of the City of Fort Worth, Chapter 26, Section 26-84 of Article V, would be in conformance with, state law and would allow vehicles involved in minor collisions to be moved to a nearby area to avoid conflict with or obstruction of other traffic prior to a police officer so directing. This would minimize the possibility of additional accidents and the resulting hardship. The Police Department has reviewed and approved the proposed amendment. Recommendation It is recommended that the proposed ordinance be adopted. GG:vm SUBMITTED BY: DISPOSITIOj1APPROVED BY COUNCIL: OTHER (DESCRIBE) PROCESSED.By ��: ,p �. . . _ a C! SECRETARY loe -AIL- DATE r CITY MANAGER ��p-