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HomeMy WebLinkAboutOrdinance 20315-08-2012ORDINANCE NO. 20315-08-2012 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AMENDING CITY CODE CHAPTER 22, "MOTOR VEHICLES AND TRAFFIC," ARTICLE I, "IN GENERAL," BY ADDING THE DEFINITION OF PERMIT TO SECTION 22 -1, "DEFINITIONS;" AMENDING ARTICLE VI, "STOPPING, STANDING AND PARKING," SECTION 22- 158.2, "WHEN PROVISIONS APPLICABLE," SECTION 22- 164, "MANNER OF PARKING OF VEHICLES WITH SIX OR MORE WHEELS IN CERTAIN 'LONE," AND SECTION 22 -191, "ESTABLISHMENT OF 'ZONES AND MAXIMUM PARKING TIMES THEREIN: ESTABLISHMENT OF FEES;" ADDING SECTION 22 -209, "DISPLAY OF PERMITS;" PROVIDING A PENALTY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A SEVERABILITY 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, the City Council recognizes the City has experienced significant growth, resulting in new parking demands for business owners and customers in many of the City's commercial business districts; 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 Dort Worth Code of Ordinances to add new, and amend existing regulations to address the City's changing parking needs; 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: SECTION 1. That Chapter 22 "Motor Vehicles and Traffic," Article I "In General," Section 22 -1 "Definitions," of the Code of the City of Dort Worth is hereby amended to add: Parking Ordinance Amending Ch.22 1 of 5 Permit means a current and valid document issued by or through the Department of Transportation and Public Works that allows on- street parking at metered or un- metered locations for a specific period of time. A permit may also be a handicapped tag issued by a county or state administration. SECTION 2. That Chapter 22 "Motor Vehicles and Traffic," Article VI "Stopping, Standing, and Parking," Sections 22- 158.2, 22 -164, and 22 =191 of the Code of the City of Fort Worth are hereby amended to read as follows: Sec. 22- 158.2. — When provisions applicable. The provisions of sections 22 -158 and 22 -158.1 shall apply daily between the hours of 6:00 a.m. and 6:00 p.m. except as otherwise posted, Sundays, and such other days as shall be specifically designated by the City Council. Sec. 22 -164. — Manner of parking vehicles with six wheels or more in certain zones. (a) It shall be unlawful for the owner or driver of any vehicle with six (6) wheels or more (including articulated vehicles), or with more than two axles, to park such vehicle or permit the same to be parked, on any metered parking or time restricted parking space or any roadway in a zone bounded by the north curb line of Belknap Street on the north, the south curb line of Lancaster Avenue on the south, the west curb line of Henderson Street on the west, and the east curb line of Jones Street on the east, unless such vehicle fits properly within the individual space marked for metered or time restricted parking. (b) If the area designated for metered or time restricted parking is not marked or delineated for individual parking, such vehicles are restricted to no more than 8 feet from the curb and a maximum length of 24 feet. Such vehicles should be parked parallel with the curbs along the streets within the above - mentioned zone and headed in the direction of traffic. Sec. 22 -191. — Establishment of zones and maximum parking time therein; establishment of fees. (a) The traffic engineer is hereby authorized to designate parking meter zones upon any street or portion of street where it is determined, upon the basis of an engineering and traffic investigation, that the installation of parking meters shall be necessary to aid in the regulation, control or inspection of vehicles which are parked or operated on public streets. The parking of vehicles in such parking meter zones shall be controlled and regulated by parking meters installed and maintained by the designee of the director of the transportation and public works Parking Ordinance Amending Ch.22 2 of 5 department and located upon the curb either adjacent to the parking space or at one or more locations within the block face. (b) A designee of the director of the transportation and public works department may designate the maximum parking time for each parking meter, basing the decision upon the investigation set forth above. The designee is hereby authorized to establish parking meter fees for any parking meter that has been placed upon any street or other property owned or controlled by the city. (c) The fees for parking shall be paid in the Currency of the United States of America. The following fees are hereby established for public parking at any parking meter that is governed by this section: (1) Short-term parking fees (less than .four hours): A parking rate between $0.20 and $0.25 for each ten minutes. These rates include any applicable sates tax. Short-term parking fees shall apply to a meter during time periods for which the meter has been designated for short-term parking use only. The designee of the director of transportation and public works makes this designation and establishes the rate based upon the public's need for parking availability. Short-term parking helps ensure that a space is not used for lengthy periods of time by one vehicle. (2) Long-term parking fees (four hours or more): A parking rate between $0.05 and $0.125 for each ten minutes. These rates include any applicable sales tax. Long-term parking fees shall apply at meters during those periods in which they have not been designated for short-term parking use. (3) Parking Rate for Assigned Permit Spaces for Mobility Impaired Employees -. —One hundred dollars ($100.00) per month. (d) Without limiting the options available to the designee of the director of transportation and public works, the times and days designated for short-term or long-term parking may vary. SECTION 3. That Chapter 22 "Motor Vehicles and Traffic," of the Code of the City of Fort Worth is hereby amended by adding Section 22-209, "Display of Permits" to Article V1, "Stopping, Standing, and Parking," to read as follows: Parking Ordinance Amending Ch.22 3 of 5 See. 22 -209. — Display of permits. All permits, hangtags, and parking meter receipts must be conspicuously displayed (as outlined in the display instructions) in the vehicle for which they are issued, so as to be easily visible to any person passing such vehicle on the street or sidewalk, while the vehicle is parked in any metered or un- metered space. In the event the vehicle is manufactured in such a way that the permit cannot be hung in accordance with the display instructions, then placing the permit in a visible and conspicuous place in the vehicle will suffice. Failure to display a permit shall create the presumption that no permit for the vehicle exists. SECTION 4. With the exception of violations of sections 22- 162.1, 22 -162.3 and 22 -162.4 which are criminal offenses, the violation of the provisions of this article related to the parking and stopping of vehicles 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 violates any provision of this Code related to the parking, stopping or standing of vehicles shall be fined in an amount not exceeding two hundred dollars ($200.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 5. That this ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas, 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. That 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. SECTION 7. 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 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. Parking Ordinance Amending Ch.22 4 of 5 SECTION 8. That 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 9. That this ordinance shall take effect after its passage and publication as required by law, and it is accordingly so ordained. APPROVED AS TO FORM ANPLEGALITY: Assistfint "'.ity Attorney Date: ADOPTED: August 7.2012 EFFECTIVE: Parking Ordinance Amending Ch.22 5 of 5 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/7/2012 Ordinance No. 20315 -08- 2012 DATE: Tuesday, August 07, 2012 LOG NAME: 20PARKING ZONES REFERENCE NO.: G -17644 SUBJECT: Adopt Ordinance Amending Chapter 22 of the Code of the City of Fort Worth, as Amended, by Amending Sections 22 -1, 22- 158.2, 22 -164, 22 -191 and Adding Section 22 -209 Related to Parking Permits, Commercial Loading Zones, Vehicles with Six Wheels or More and Parking Meter Zones and Rates (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 22 of the Code of the City of Fort Worth, as amended, by amending sections 22 -1, 22- 158.2, 22 -164, 22 -191 and adding section 22 -209 related to parking permits, commercial loading zones, vehicles with six wheels or more and parking meter zones and rates. DISCUSSION: As a thriving and continually growing municipality, the City often has to amend its ordinances to address the new and increasing demands that accompany such growth. The growth within the City's commercial business districts is no exception. With a greater influx of residents, visitors, and events within the City's commercial business districts, it has become necessary to amend the City Code to account for the natural effects of such growth. Specifically, it has become necessary to amend portions of the City's parking ordinance. The purpose of this Mayor and Council Communication is to seek Council approval on the proposed amendments and addition to the current parking regulations found in Chapter 22 of the Fort Worth City Code. The following are the proposed changes to Chapter 22, "Motor Vehicles and Traffic ": 1. Article I "In General," Section 22 -1 "Definitions;" Article VI "Stopping, Standing, and Parking," Section 22 -209 "Display of permits." Section 22 -1 would be amended by adding the definition of permit. By defining what constitutes a permit (i.e. hang tags, handicapped parking tags, parking meter receipts) and adding section 22 -209, the goal is to reduce the number of citations issued to motorists unnecessarily, while increasing the efficiency of the parking enforcement process. Motorists will know that permits need to be displayed in a conspicuous manner, based on the type of permit they have. 2. Article VI "Stopping, Standing, and Parking," Section 22 -158.2 " When provisions applicable." Section 22 -158.2 addresses the times commercial loading zones are in effect. Currently, such zones are in effect Monday- Saturday from 6:00 a.m. to 6:00 p.m. By amending section 22 -158.2 to add "except as otherwise posted," the City will have the flexibility to address the needs of businesses and their customers in specific zones, while also addressing the City's need to remedy changing traffic and safety issues. 3. Article VI "Stopping Standing and Parking," Section 22 -164 "Manner of parking vehicles with six wheels or more in certain zones." Because the City has grown significantly west and east since section Logname: 20PARKING ZONES Page I of 2 22-104 was originally drafted, this amendment will update the ordinance by outlining o new zone and clarify the parking limitations On vehicles with six wheels or more (including 3rbCu|8tGd vehicles) within the central business district. 4. Article VI "Stopping, Standing, and Parking," Section 22-191 "Establishment of zones and maximum parking time therein: establishment of fees." Because of the City's growth and the success Of many ofits businesses, section 22-191 would simplify parking meter fees into two fee structures as opposed to the existing four rigid parking zones. The new fee structures would be centered On the CnOCep1 of short term parking fees and long term parking fees. CERTIFICATION: FISCAL INFORMATION / The Financial Management Services Director certifies that this action has OO material effect oD City Funds. CENTERS: FUND TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: FROM Fund/Account/Centers Fernando Costa /0122\ Douglas VKVWBrSig (7801) Peter Elliott (7801)