HomeMy WebLinkAboutOrdinance 24825-04-2021ORDINANCE NO. 24825-04-2021
AN ORDINANCE AMENDING CHAPTER 22 "MOTOR VEHICLES AND
TRAFFIC," ARTICLE VI "STOPPING, STANDING AND PARKING,"
DIVISION 1 "GENERALLY," OF THE CODE OF THE CITY OF FORT
WORTH, TEXAS (2015), AS AMENDED, BY AMENDING SECTION 22-159
"STORING OF VEHICLES ON PUBLIC STREET PROHIBITED," TO
DEFINE WHEN A VEHICLE IS CONSIDERED STORED; PROVIDING
THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR
A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS 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 oflife, and prevent nuisances in the City; and
WHEREAS residents of neighborhoods have expressed concerns that vehicles are being
stored on residential streets in violation of the City Code. Specifically, residents are concerned
that vehicles are frequently parked in excess of the time allowed by law -effectively being
stored on the public streets; and
WHEREAS the existing language of Section 22-159 deems a vehicle "s tored" if it has
remained "parked at or nearly at the same location" for a continuous period of time in excess of
five days. However, because the language allows for interpretation on the meaning of "nearly at
the same location," enforcement issues often arise when officers are working to identify and cite
violators; and
WHEREAS, pursuant to Texas Local Government Code Chapter 51, the City Council
has the general authority to adopt and publish an ordinance or police regulation that is for the
good government, peace or order of the municipality and is necessary or proper for the carrying
out of a power granted by law to the municipality ; and
WHEREAS it is advisable to amend Chapter 22 of the Code of the City of Fort Worth ,
Texas (2015), as amended, to clearly state when a vehicle is deemed stored in violation of the
Code; 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:
Ordinance No . 24825-04-2021 1 of3
SECTION l.
Chapter 22 "Motor Vehicles and Traffic," Article VI "Stopping, Standing, and Parking,"
Division 1, "Generally," Section 22-159 of the Code of the City of Fort Worth is hereby
amended to read as follows:
Sec. 22-159 STORING OF VEHICLES ON PUBLIC STREET PROHIBITED.
(a) It shall be unlawful for any person to store or allow the storage of a vehicle upon
the public streets, alleys, sidewalks or parkways of the city .
(b) For purposes of this section , a vehicle shall be considered stored if it is parked at
the same location for a continuous period of time in excess of five days. Relocating the vehicle
by less than one-tenth of a mile to another location on a public street, alley, sidewalk, or parkway
of the city will not stop the running of the five day period . A stored vehicle is deemed to be a
vehicle which is illegally parked on public property, and such vehicle shall be subject to removal
and disposal as an abandoned vehicle , according to the terms of Article IX , Division 1, of this
chapter.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (2015), 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 3.
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 4.
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 .
Ordinanc e No . 24825-04-2021 2 of3
SECTION 5.
Violation of the provisions of this ordinance shall be civil offenses subject to civil
penalties and fines pursuant to the procedures for administrative adjudication as set forth in
Chapter 10 of this Code. Accordingly, any person, firm, or corporation who v iolates, disobeys,
omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined an amount not exceeding two hundred dollars ($200.00) 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 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 Texas Local Government Code,
Section 52.013.
SECTION 7.
Chapter 22 of the Code of the City of Fort Worth, as amended, shall remain in full force
and effect, save and except as amended by this ordinance.
SECTIONS.
This ordinance shall take effect upon adoption and publication as required by law, and it
is accordingly so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Se11.ia1111k Sa1111:Jract
Benjamin Sampract (Apr 20, fo2115:37 CDT)
Assistant City Attorney Mary J. Kayser, City Secretary
ADOPTED: April 20, 2021
EFFECTIVE: Apru. c2'S. <JDQ'
Ordinance No . 24825-04-2021 3 of3
City of Fort Worth, Texas
Mayor and Council Communication
DATE: 04/20/21 M&C FILE NUMBER: M&C 2 1-0305
LOG NAME: 350RDINANCE-VEHICLE-STORAGE
SUBJECT
(ALL) Adopt Attached Ordinance Amending Chapter 22 , "Motor Vehicles and Traffic ," Article VI , "Stopping , Standing , and Parking ," of the Fort
Worth City Code , by Amend ing Section 22-159 "Storing of Vehicles on Public Street Prohib ited " to Define When a Vehicle is Considered Stored
RECOMMENDATION:
It is re commended that the City Council :
1. Adopt the attached ordinance amending Chapter 22 , "Motor Vehicles and T raffic ," Article VI , "Stopping , Standing , and Parking ," of the Fort
Worth City Code , by amending Section 22-159 "Storing of Vehicles on Public Street Prohibited " to define when a vehicle is considered
stored .
DISCUSSION:
The exist ing language of Section 22-159 deems a vehicle "stored " if it has remained "parked at or nearly at the same location" for a continuous
period of time in excess of five days. However, because the language allows for interpretation on the meaning of "nearly at the same locat ion ,"
enforcement issues often arise when officers are work ing to identify and cite violators . The proposed amendment is intended to remove the
ambiguity and measurably define when a vehicle is cons idered stored .
A Form 1295 is not requ ired because : This M&C does not request approval of a contract with a bus iness entity .
FISCAL INFORMATION/ CERTIFICATION:
The Director of Finance certifies that approval of th is 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: Joseph Sparrow 4231