HomeMy WebLinkAboutOrdinance 7190 ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 26 (MOTOR VEHICLES
AND TRAFFIC) OF THE FORT WORTH CITY CODE (1964) ,
AS AMENDED, BY AMENDING SECTION 26-89 TO PROHIBIT
THE STORING OF MOTOR VEHICLES ON THE PUBLIC STREETS;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES; REPEALING ALL ORDINANCES AND PROVISIONS
OF THE FORT WORTH CITY CODE IN CONFLICT HEREWITH;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVER-
ABILITY CLAUSE; PROVIDING A PENALTY; AND PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FORT WORTH, TEXAS:
SECTION 1.
That Section 26-89 of Division 1 of Article VI entitled
"Stopping, Standing, and Parking" of Chapter 26 (Motor vehicles
and Traffic) of the Code of the City of Fort Worth (1964) , as
amended, be and the same is hereby amended to read as follows:
"Section 26-89. Storing of Motor Vehicles
on Public Street Prohibited.
"(a) It shall be unlawful for any reason to store
or allow, permit, or cause the storing of any motor
vehicle on any public street, parkway, sidewalk, or
alley."
"(b) For purposes of this section, a motor vehicle
shall be considered in storage, or stored when it
is in an inoperable condition, such condition being
evidenced by the lack of any essential part necessary
to make the vehicle operable, including but not
limited to the tires, wheels, engine, engine components,
transmission, or any other vital part necessary for
the operation of a motor vehicle; further, such
condition may be evidenced by such vehicle not having
lawfully affixed thereto both an unexpired license
plate or plates and a valid motor vehicle safety
inspection certification."
SECTION 2.
That this ordinance shall be cumulative of all pro-
visions 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 ordi-
nances 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repealed.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 un-
constitutional by the valid judgment or final decree of
a court of competent jurisdiction, such voidness, ineffec-
tiveness or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs and sec-
-2-
tions of this ordinance, since the same would have been
enacted by the City Council without the incorporation
herein of any such void, ineffective or unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
That any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor
punishable by a fine of not less than one dollar ($1.00)
nor more than two hundred dollars ($200.00) .
SECTION 6.
That this ordinance shall be in full force and
effect from and after the date of its passage and publi-
cation, as required by law, and it is so ordained.
APPROVED AS TO FORM AND LEGALITY:
S. G. Johndroe, Jr.
City Attorney
ADOPTED:
EFFECTIVE•
City of Dort Worth, Texas
.mayor and Council Communication
.FILE J
DATE REFERENCE SUBJECT: PAGE
LINE NUMBER Ordinance Prohibiting Storing of
7/11/75 G-2759 Motor Vehicles on Public Streets Iof 2
BAILIFF
The Fort Worth Police Department is continuing to experience difficulty
in regulating abandoned vehicles on public streets. The present Chapter
WALLS 26 (Motor Vehicles and Traffic) of the Fort Worth City Code (1964) ,
WOOD Section 26-89, makes it unlawful for any vehicle to be parked on a
paved street longer than thirty (30) minutes- between the .hours of 2:00
a.m. and 6:00 a.m. of any day. This ordinance, which was intended to
clear streets for streetsweepers, has outlived its usefulness and makes
a large number of citizens lawbreakers without sufficient cause.
In order to remedy this situation, an amendment is proposed to Chapter 26
of the Fort Worth City Code (1964) , Section 26-89, to be titled "Storing
of Motor Vehicles' on Public Streets, Prohibited% A' summary of- this' pro-
posed ordinance is as follows:
Section 1
That Section 26-89 be amended and prohibit the storage of any vehicle on
a public street. A motor vehicle will be- considered to be in storage
when any- vital part to its operation is missing or when it- does not
bear a current license plate or vehicle- inspection certification.
Section 2
That this ordinance shall be cumulative of all ordinances affecting motor
vehicles and traffic, except where conflicting with other ordinances; in
which case, conflicting portions of such ordinances are repealed.
Section 3
That any previous offenses of Chapter 26 shall not be affected by this ordi-
nance but continued to final disposition.
Section 4
That the several sections, paragraphs and sentences of this ordinance are
severable, and any part declared void or unconstitutional by an appropriate
court will not affect the other parts.
Section 5
That any person found guilty will be fined not less than one dollar ($1.00)
nor more than two hundred dollars ($200.00).
Section 6
That this ordinance will become effective from and after its passage and
publication.
DATE NUMBER
SUBJECT: Ordinance Prohibiting Storing PACE
7/11/75 G-2759 of Motor Vehicles. on Public Streets _2 ,f 2
Recommendation
It is recommended that the City Council approve the amendment of Section
26-89 of Chapter 26 as outlined above.
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SUBMITTED BY: DISPOSITIO BY COUNCIL: PROCESSED BY
rAPPROVED ❑ OTHER (DESCRIBE) AfB
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CI SECRETARY
DATE
CITY MANAGER 7