HomeMy WebLinkAboutOrdinance 7935 17, /917
ORDINANCE NO. ?�{
AN ORDINANCE AMENDING CHAPTER 26, "MOTOR VEHICLES
AND TRAFFIC", OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS (1964) , AS AMENDED, BY AMENDING
SECTION 26-98 THEREOF TO PROVIDE FOR A PRESUMPTION
THAT ANY VEHICLE FOUND PARKED UPON ANY PUBLIC
STREET IN VIOLATION OF ANY ORDINANCE OR STATE
STATUTE WAS SO PARKED BY THE REGISTERED OWNER OF
SUCH VEHICLE; PROVIDING A SAVINGS CLAUSE, SEVER-
ABILITY CLAUSE AND PENALTY CLAUSE; AND FURTHER
PROVIDING FOR PUBLICATION, ENGROSSMENT, ENROLLMENT,
FILING, REPEAL AND AN EFFECTIVE DATE.
WHEREAS, the majority of parking citations are issued to
unattended vehicles; and
WHEREAS, parking citations set forth and charge a class
C misdemeanor, criminal violation; and
WHEREAS, proof of identity of the violator is an essen-
tial part of any criminal prosecution; and
WHEREAS, parking citations are issued in this City under
both city ordinances and under state statutes; NOW, THEREFORE, BE
IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That Section 26-98 of Chapter 26, "Motor Vehicles and
Traffic" of the Code of the City of Fort Worth, Texas, (1964) , as
amended, be and the same is hereby amended so that the same shall
hereafter be and read as follows:
"Section 26-98. Owner prima facie responsible for
illegal parking.
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 and
the identity of the driver cannot be determined, the
owner, or person in whose name such vehicle is
registered, shall be held prima facie responsible for
such violation."
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provisions of such ordinances and such Code are hereby repealed.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 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
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.
2
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
Fort Worth, as authorized by Article 1176b-1, Revised Civil Stat-
utes 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 Coun-
cil 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) .
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:
1
Ar, hur Pe ersrreLi, City Attorney
ADOPTED:—
PUBLISHED: v i , ► 3. 1 , 7 S' I y•7`t
3
City of Fort Worth, Texas
FILE PETERSEN Mayor an UJI C® nci Communication
HERCHERT
DATE REFERENCE SUBJECT: PAGE
NUMBER Proposed Ordinance Amending
BAILIFF OPIC/17/79
G-4235 Section 26-98 of the City Code ior 3:—
SMITH HOD
BONES Section 26-98 of the Code facilitated proof of certain traffic
IROSECUTI G ATuffffnses by authorizing a presumption of responsibility upon proof
of certain facts. However, present wording is deemed deficient in
two respects, i.e.
1. It authorizes the presumption with respect to violations
of City ordinances only but does not include parking
offenses denounced under State law.
20 With the current reference to "*** of this division * "
and " *** upon a street or highway ***" the presu-qption
authorized does not extend to violations involving vehicles
parked in fire lanes, vehicles parked upon private parking
lots, or vehicles parked upon any private property in
violation of a sign posted under the provisions of Section
26-30 of the City Code.
The proposed ordinance attached would amend Section 26-98 of the
Code to supply the deficiencies noted;.
Recommendation
It is recommended that the City Council adapt he Ordinance appended
amending Section 26-98, Coale of the City of Fort Worth,
RLH:plg
Attt^.hriont
SUBMITTED FOR THE
CITY MANAGER'S DISPOSITI COUNCIL: PROCESSED BY
OFFICE BY: APPROVED 'n
ORIGINATING ADOP s EJ ORDIWANCEOTHER (NO. -?) �RE
DEPARTMENT HEAD: Arthur Petersen � ���j9 '1 TY SECRETARY
FOR ADDITIONAL INFORMATIO
CONTACT: Arthur Petersen E'xt o 7600 A