HomeMy WebLinkAboutOrdinance 24824-04-2021ORDINANCE NO. 24824-04-2021
AN ORDINANCE AMENDING CHAPTER 22, "MOTOR VEHICLES AND
TRAFFIC," OF THE CODE OF THE CITY OF FORT WORTH (2015), BY
AMENDING ARTICLE XII TO ADDRESS STREET RACING AND
RECKLESS DRIVING EXHIBITIONS BY PROVIDING DEFINITIONS;
PROVIDING AN OFFENSE FOR SPECTATING AT A STREET RACE OR
RECKLESS DRIVING EXHIBITION; PROVIDING AN OFFENSE FOR
AIDING STREET RACING OR RECKLESS DRIVING EXHIBITIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SA VIN GS CLAUSE; PROVIDING A PENAL TY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF
THE CITY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS the City Council of the City of Fort Worth ("City Council") seeks to protect
the public safety , preserve the quality of life , and prevent nuisances in the City; and
WHEREAS street racing and reckless driving exhibitions threaten the health and safety of
the public, interfere with pedestrian and vehicular traffic , create a public nuisance, and interfere
with the right of property owners to enjoy the use of their property; and
WHEREAS since November 2019 the Fort Worth Police Department has received
approximately 2500 calls related to street racing or reckless driving exhibitions ; and
WHEREAS the Texas Transportation Code makes street racing and reckless driving
illegal and provides punishment for persons engaged in those activities, but currently there is no
statute prohibiting the gathering of spectators at these illegal events or prohibiting persons from
aiding these events on property they own , operate, or control , or the preparation thereof; and
WHEREAS in most cases , street races attract spectators , whose presence encourages the
illegal events and creates an environment in which street racing can flourish ; and
WHEREAS street racing not only endangers the live s of the persons illegally racing, but
also endangers the general public and racing spectators ; and
WHEREAS street racing and reckless driving exhibitions can potentially occur on any
accessible street or property within the City of Fort Worth capable of accommodating vehicles or
spectators ; and
WHEREAS staff recommends adopting the following regulations prohibiting the
gathering of spectators at these illegal events and prohibiting persons from aiding these events on
property they own, operate , or control, or the preparation thereof; and
WHEREAS, the City Council finds this Ordinance to be reasonable and necessary .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS THAT:
Chapter 22 , Article XII Ordinance No. 24824-04-2021
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SECTION 1.
Article XII "Reserved," of Chapter 22, "Motor Vehicles and Traffic," of the Code of
Ordinances of Fort Worth , Texas (2015), is hereby amended to read as follows:
ARTICLE XII: STREET RACING AND RECKLESS DRIVING EXHIBITIONS
[RESERVED).
DIVISION 1. DEFINITIONS
Sec. 22-361 DEFINITIONS.
In this article:
(1) DAYS means calendar days including weekends and holidays .
(2) OFF-STREET PARKING FACILITY means any public or private off-street
parking area open for use by the public for parking vehicles, other than a private residential
property or the parking area of a garage or parking lot for which a charge is made for the storing
or parking of vehicles.
(3) PREP ARA TIO NS for a street race or reckless driving exhibition include any of the
following acts done for the purpose of causing a street race or reckless driving exhibition:
(A) causing one or more motor vehicles and persons to gather at a
predetennined location on a public street, highway, or off-street parking facility;
(B) causing one or more persons to gather on, or adjacent to , a public street or
highway;
(C) causing one or more persons to gather in an off-street parking facility ;
(D) causing one or more persons to impede the free public use of a public street,
highway or off-street parking facility by acts, words or physical barriers;
(E) causing one or more motor vehicles to line up on a public street, highway ,
or off-street parking facility with motors running , impeding the free public use of a
public street, highway, or off-street parking facility or being a physical barrier;
(F) cau s ing one or more drivers to rev a motor vehicle's engine or cause the
motor vehicle's tires to spin; or
(G) standing or sitting in a location to act as a race starter.
Cha pt er 22 , Article XII Ordinance No . 24824-04-2021
Page 2 of5
( 4) RECKLESS DRIVING EXHIBITION means any exhibition of reckless driving as
defined in Section 545.401 of the Texas Transportation Code, as amended.
(5) SPECTATOR means any person who is present at a street race, reckless driving
exhibition or the site of the preparations for either of these events , when such person attends for
the purpose of viewing, observing, watching, betting, gambling, recording, transmitting, or
witnessing the event as it progresses.
(6) STREET RACE means any motor vehicle race , speed contest, drag race ,
acceleration contest, or test of physical endurance of the operator of a motor vehicle as defined in
Section 545.420 of the Texas Transportation Code , as amended.
DIVISION 2. SPECTATORS PROHIBITED AT STREET RACES AND
RECKLESS DRIVING EXHIBITIONS
Sec. 22-362 SPECTATORS PROHIBITED AT STREET RACES AND RECKLESS
DRIVING EXHIBITIONS.
(a) In general. It shall be unlawful for any person to be present as a spectator:
(1) At a street race conducted on a public street or highway;
(2) At a reckless driving exhibition conducted on a public street, highway, or
off-street parking facility;
(3) Where preparations are being made for a street race conducted on a public
street or highway; or
(4) Where preparations are being made for a reckless driving exhibition
conducted on a public street, highway, or in an off-street parking facility.
(b) Exemption. Nothing in this section prohibits law enforcement officers or their
agents who are acting in the course of their official duties, or media or news personnel who are
reporting on the event, from being spectators at a street race or reckless driving exhibition or
spectators at the location of preparations for either of these activities. Additionally , nothing in this
section shall prohibit spectators from attending properly sanctioned, licensed, or legally authorized
racing events conducted pursuant to city or state regulations .
DIVISION 3. AIDING STREET RACING AND RECKLESS DRIVING EXHIBITIONS.
Sec. 22-363 AIDING STREET RACING AND RECKLESS DRIVING EXHIBITIONS.
Chapter 22 , Article XII Ordinance No . 24824-04-2021
Page 3 of5
(a) A person commits an offense if he:
(1) Allows street racing or reckless driving exhibitions to occur on the premises that the
person owns , operates or controls; or
(2) Engages in preparations for street racing or reckless driving exhibitions, as defined in
Sec. 22-361 of this article .
(b) It is a defense to prosecution that the person who owns, operates , or controls the premises:
(1) Submitted a criminal tre spass affidavit to law enforcement authorities complaining of
street racing or reckless driving exhibitions occurring on the premises that the person
owns , operates or controls within 30 days prior to receiving a citation pursuant to this
section ; and
(2) Took reasonable and appropriate measures to make the property inaccessible to the
public during non-business hours .
(c) Exemption. Nothing in this section shall prohibit participation in properly sanctioned,
licensed, or legally authorized racing events conducted pursuant to city or state regulations.
Sec. 22 -364 PENALTY.
( a) Any person who violates any provision of this article is guilty of an offense.
(b) An offense under this article is punishable by a criminal fine ofnot more than $500.
(c) The culpable mental state required for the commission of an offense under this
article is go verned by Section 1-6 of the code.
SECTION 2.
This ordinance shall be cumulative ofall other ordinances of the City of Fort Worth, Texas ,
and shall not repeal any of the provisions of such ordinances , except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 3.
All rights or remedies of the City of Fort Worth , Texas, are expressly saved as to any and
all violations of the City Code, or any amendments thereto that have accrued at the time of the
effective date of this ordinance; and as to such accrued violations , and all pending litigation, both
C hapter 22 , Articl e XII Ordinance N o. 24 824-04-2021
Page 4 of 5
civil and criminal, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 4.
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 decree of any court of competent jurisdiction, such voidness, ineffectiveness or
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or
sections 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.
SECTIONS.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 6.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized
by the V.T.C.A. Local Government Code Subsection 52.013.
SECTION 7.
This ordinance shall take effect after adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
CettiaHtiff SaHtJJract By: Benjamin Sampract (Apr 20, fu115:37 CDT)
Assistant City Attorney
Adopted: April 20, 2021
Effective: Pr{,~,\ a.'5, c2.0o2l
Chapter 22, Article XII
ATTEST:
Mary J. Kayser, City Secretary
Ordinance No. 24824-04-2021
Page 5 of 5
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/20/21
LOG NAME: 350RDINANCE-STREET-RACING
SUBJECT
M&C FILE NUMBER: M&C 21-0304
(ALL) Adopt Attached Ordinance Amending Chapter 22 , "Motor Vehicles and Traffic ," Article XII , "Reserved ," of the Fort Worth City Code , by
Adding Sections 22-361 , 22-362, 22-363, and 22-364 , Related to Street Racing and Reckless Driving Exhibitions by Prohibiting Spectators and
Persons from Aiding in the Preparation of those Illegal Events
RECOMMENDATION:
It is recommended that the City Council :
1. Adopt the attached ordinance amending Chapter 22 , "Motor Vehicles and Traffic," Article XII , "Reserved," of the Fort Worth City Code , by
adding Sections 22-361 , 22-362, 22-363 , and 22-364 , related to street racing and reckless driving exhibitions by prohibiting spectators and
persons from a iding in the preparation of those illegal events.
DISCUSSION:
Since November 2019 , the Fort Worth Police Department has received approximately 2 ,500 calls related to street racing or reckless driving
exhibitions from citizens all over the City . While the Texas Transportation Code makes street racing and reckless driving illegal and provides
punishment for persons engaged in those activities, there is currently no statute prohibiting the gathering of spectators at those illegal events or
prohibiting persons from aiding those events on property they own , operate , or control , or the preparation thereof. In most cases , street races
attract spectators , whose presence encourages the illegal events and creates an environment in which street racing can flourish . And , as a result ,
street racing not only endangers the lives of the persons illegally racing , but also endangers the general public and racing spectators.
Adoption of this ordinance will prohibit the gathering of spectators at these illegal events and prohibit persons from aiding these events on property
they own, operate , or control, or the preparation thereof within the corporate limits of the City of Fort Worth. The violations will be misdemeanors ,
and upon conviction a fine of up to $500 .00 will be assessed.
A Form 1295 is not required because : This M&C does not request approval of a contract with a business entity .
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that approval of this recommendation will have no material effect on City funds.
Submitted for City Manager's Office by: Jay Chapa 5804
Originating Business Unit Head: Neil Noakes 4212
Additional Information Contact: Robert Alldredge 4131