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HomeMy WebLinkAboutOrdinance 17867-11-2007ORDINANCE NO.17867-11-2007 AN ORDINANCE AMENDING CHAPTER TWENTY-TWO "MOTOR VEHICLES AND TRAFFIC"; OF THE CODE OF THE CITY OF FORT WORTH, BY AMENDING ARTICLE I "IN GENERAL" TO ADD NEW DEFINITIONS FOR OVERSIZE COMMERCIAL, LARGE RECREATIONAL, AND OVERSIZE RECREATIONAL VEHICLES; AND BY AMENDING ARTICLE IV "STOPPING, STANDING, AND PARKING" TO REVISE THE REGULATIONS FOR THE PARKING OF CERTAIN LARGE AND OVERSIZED VEHICLES ON PUBLIC STREETS AND ADDING THE PARKING OF CERTAIN LARGE AND OVERSIZED VEHICLES ON PUBLIC STREETS TO THE LIST OF VIOLATION FOR WHICH TOWING IS AUTHORIZED; PROVIDING THAT THIS ORDINANCE IS CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in May of 2005, after citizen and neighborhood complaints about the parking of large and oversized vehicles on public streets, the City Council referred the subject to the Environmental, Neighborhood, and Community Relations Committee for the consideration of ordinance amendments; and WHEREAS, after two Committee presentations and one public hearing conducted by the renamed Environment/Neighborhood and Community Services Council Committee, the Committee directed staff to draft proposed changes for the parking of certain large and oversized vehicles and present it to City Council for consideration; and WHEREAS, limiting the location and duration oversized commercial vehicles, large recreational vehicles, and oversized recreational vehicles are allowed to park on public streets serves to protect the health, safety, and welfare; and WHEREAS, the current City Code of Fort Worth does not restrict where large and oversized recreational vehicles may park on public streets; and WHEREAS, the current City Code of Fort Worth does not provide for towing as an enforcement option for oversized commercial vehicles, large recreational vehicles, and oversized recreational vehicles; and WHEREAS, it is advisable to adopt regulations restricting the location and duration oversized commercial vehicles, large recreational vehicles, and oversized recreational vehicles are allowed to park and providing for towing for violations; and WHEREAS, it is the intent of the following regulations to establish additional standards and regulations for the parking of oversized commercial vehicles, large recreational vehicles, and oversized commercial vehicles on public streets in the City to protect the health, safety, and welfare, of pedestrian, bicycle, and motor vehicle traffic; NOW, THEREFORE,;~E IT ORDAINED ~~ THE CITY COUNCIL OF THE CITY OE FORT WORTH, TEXAS: SECTION 1. Article I "In General" of Chapter 22, "Motor Vehicles and Traffic" of the Code of the City of Fort Worth, is hereby amended by amending Section 22-1 to read as follows: Sec. 22-1. Definitions. Large recreational vehicle shall mean: (1) a recreational vehicle which exceeds twenty feet (20') in length, but is less than thirty-three feet (33') in total length; (2) a boat trailer or other trailer which exceeds twenty feet (20') in length, but is less than thirty-three feet (33') in total length; or (3) a converted or partially converted bus which exceeds twenty feet (20') in length, but is less than thirty-three feet (33') in total length. Oversize commercial vehicle shall mean: (1) any vehicle designed for the transport of more than fifteen (15) passengers, inclusive of the driver; (2) trailers which are more than twenty (20) feet in length from end to end, more than seven (7) feet in width at their widest point, or more than seven (7) feet in height at their highest point; or (3) any motor vehicle with a gross weight, registered weight or gross weight rating, as those terms are defined in state law, of more than fifteen thousand (15,000) pounds, including but not limited to the following: (a) dump truck; (b) truck-tractor; (c) concrete-mixing truck; (d) stake-bed truck; (e) flat-bed tow truck; or (f J panel truck. Oversize recreational vehicle shall mean: (1) a recreational vehicle which is thirty-three feet (33') or greater in total length; (2) a boat trailer or other trailer which is thirty-three feet (33') or greater in total length; or (3) a converted or partially converted bus which is thirty-three (33') or greater in total length. Recreational vehicle means a motor vehicle primarily designed as a temporary living quarters for recreational camping or travel use. The term includes a travel trailer, camping trailer, truck camper, and motor home. SECTION Z. Article VI "Stopping, Standing, and Parking" of Chapter 22, "Motor Vehicles and Traffic" of the Code of the City of Fort Worth, is hereby amended by amending Section 22-162 to read as follows: Sec. 22-162.1. Parking of oversize commercial vehicles unlawful on private property; (a) It shall be unlawful for any person to park or allow to be parked any oversize commercial vehicle on any property under his control on any portion of a front yard, side yard or rear yard of any area or district which is residentially zoned under the comprehensive zoning ordinance or used for residential purposes. (b) For purposes of this section, "oversize commercial vehicle" shall mean any vehicle designated below, or any vehicle designed for the transport of property or cargo with a gross weight, registered weight or gross weight rating, as those terms are defined in state law, of more than fifteen thousand (15,000) pounds, or any vehicle designed for the transport of more than fifteen (15) passengers, inclusive of the driver. Designated vehicles, for purposes of this section, are dump trucks, truck-tractors, concrete mixing trucks, stake-bed trucks, buses, trailers which are more than twenty (20) feet in length from end to end, more than seven (7) feet in width at their widest point, or more than seven (7) feet in height at their highest point, or vehicles similar to any of the listed vehicles. The term "oversize vehicle" shall exclude any self-contained recreational vehicle which has a kitchen, bath or sleeping quarters and is designed for recreational purposes. SECTION 3. Article VI "Stopping, Standing, and Parking" of Chapter 22, "Motor Vehicles and Traffic" of the Code of the City of Fort Worth, is hereby amended by adding a new Section 22-162.2 to read as follows: Sec. 22-162.2. i'arking of large and oversize vehicles on streets. (a) It shall be unlawful for the driver, owner, or operator of an oversized commercial vehicle to park or permit to be parked, stand, or remain motionless:. (1) on a public street in any area zoned residential under the comprehensive zoning ordinance or used for residential purposes unless the vehicle is being actively loaded or unloaded; or (2) for more than two (2) hours on a public street in any area not zoned residential under the comprehensive zoning ordinance or not used for residential purposes. (b) It shall be unlawful for the driver, owner, or operator of a large recreational vehicle and an oversized recreational vehicle to park or permit to be parked, stand, or remain motionless: (1) on a public street in any area zoned residential under the comprehensive zoning ordinance or used for residential purposes; or (2) on a public street in any area not zoned residential under the comprehensive zoning ordinance or not used for residential purposes. (c) It is an exception to (b)(1) above that the large recreational vehicle or oversize recreational vehicle is being parked or allowed to be parked, stand, or remain motionless for loading, unloading, maintenance, or any combination thereof, for no more than forty- eight (48) hours in any seven (7) day period. Relocation of the large recreational vehicle or oversize recreational vehicle to another location on private property or the adjoining public street does not stop the r~u7ning of the forty-eight (48) hour period. SECTION 4. .Article VI "Stopping, Standing, and Parking" of Chapter 22, "Motor Vehicles and Traffic" of the Code of the City of Fort Worth, is hereby amended by amending Section 22-222 to read as follows: Sec. 22-222. Towing and impoundment of certain vehicles authorized. (a) Any vehicle found on any public street or other public place under any circumstances hereinafter set forth shall be deemed to be a nuisance per se, and may be towed away and impounded in the manner herein provided (provided, however, that such listed circumstances shall not be deemed exclusive or prohibit such towing and impoundment in any circumstances not listed): (8) When any vehicle is stored on the public street, sidewalk, parkway or alley, according to the terms of section 22-159; (9) When a vehicle is found to be an abandoned vehicle or a junked vehicle; and (10) When any vehicle is found parked on a public street according to the terms of section 22-162.2. SECTION 5. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 6. 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 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 7. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the Code of Fort Worth 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 ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52.013, Texas Local Government Code. SECTION 9. This ordinance shall take effect upon adoption and publication as required by law. APPROVED AS TO FORM AND LEGALITY: By: Assistant City Attorney ADOPTED: November 6, 2007 EFFECTIVE:`"I~~~Y Q ,It_ c~, ~~1~ City of Fort VV®r~la, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 11/6/2007 -Ordinance No. 17867-11-2007 DATE: Tuesday, November 06, 2007 LOG NAME: 350VERSIZEDCOMM -~_ REFERENCE NO.: G-15965 SUBJECT: Adopt Ordinance Amending Chapter 22 "Motor Vehicles and Traffic" City Code to Add Additional Regulations for the Stopping, Standing, and Parking of Oversized Commercial Vehicles, Large Recreational Vehicles, and Oversized Recreational Vehicles RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 22 "Motor Vehicles and Traffic" to add additional regulations for the stopping, standing, and parking of oversized commercial vehicles, large recreational vehicles, and oversized recreational vehicles. DISCUSSION: Staff proposes to amend Chapter 22 "Motor Vehicles and Traffic" to add additional regulations for the location and duration where oversized recreational vehicles, large recreational vehicles, and oversized commercial vehicles are permitted to park on public streets, and the general public summary of the proposed addition is listed below. Section 22-1 is amended to provide for definitions of oversized commercial vehicles, large recreational vehicles and oversized recreational vehicles. Section 22-162 is amended to remove regulations with regard to parking violations for oversized commercial vehicles on public streets. Section 22-162.2 is added to restrict oversized commercial vehicles from parking on residential public streets, except for loading and unloading, and from parking on non-residential streets for more than two hours. Section 22-162.2 is added to restrict large and oversized recreational vehicles from parking on public streets, except for loading, unloading, and maintenance fora 48-hour period on a residential street. Section 22-222 is amended to authorize towing for vehicles parked on a public street in violation of Section 22-162.2. The attached ordinance will be effective upon adoption and publication. FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that this action will have no material effect on City funds. Logname: 350VERSIZEDCOMM Page 1 of 2 TO Fund/Account/Centers FROM Fund/Account/Centers Submitted for City Manager's Office bk. Joe Paniagua (6575) Originating Department Head: Ralph Mendoza (48386) Additional Information Contact: Matthew Wallis (7620) Lognasne: 35OVERSIZEDCOMM Page 2 of 2