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HomeMy WebLinkAboutOrdinance 7052 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 26, "MOTOR VEHICLES AND TRAFFIC, " OF THE CODE OF THE CITY OF FORT WORTI3 (1964) , AS AMENDED, BY AMENDING SUBSECTION (f) OF SECTION 26-63 OF ARTICLE III THEREOF BY CHANGING SCHOOL ?ONE HOURS; PROVIDING 'THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PROVISIONS OF ORDINANCES AND OF SUCH CODE AFFECTING MOTOR VEHICLES AND TRAF- FIC; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVER- ABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND NAM- ING AN EFFECTIVE DATE. BE I'T ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That the first paragraph of Subsection (f) of Section 26-63 of Article III of Chapter 26 of the Code of the City of Fort Worth (1964) , as amended, be, and the same is hereby amended to read as follows: " (f) On that portion of those streets or high- ways being designated below as a school zone, the prima facie maximum reasonable and prudent speed in miles per hour between 8:00 A.M. and 9:00 A.M. and between 2:00 P.M. and 4:00 P.M. , Monday through Fri- day, shall be such speed as indicated below, pro- vided that an appropriate sign giving notice thereof is erected. It shall be an affirmative defense to a charge of exceeding said prima facie maximum speed, established below, that the day in question was a day when there were no classes in session at the nearest school, as well as at any school within two thousand (2,000) feet of the location of said al- leged excessive speeding. " SECTION 2. That this ordinance shall be cumulative of all provisions of ordinances and of the Cade 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such ordinances and such Code, in which event such conflicting provisions of such ordinances and such Code are hereby repealed.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 affect- ing motor vehicles and traffic which have accrued at the time of the effective date of this ordinance; and, as to such ac- crued 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 unconstitutional by the valid judgment or final decree of a court of competent jurisdiction, such voidness, ineffectiveness or 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 in- corporation herein of any such void, ineffective or unconsti- tutional 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, and each such person shall be deemed guilty of a separate offense for each day or portion thereof_ during which any violation of any -2- of the provisions of this ordinance is committed, continued or permitted, and each violation shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00) . SECTION 6. That this ordinance shall be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: 1000 S. G. JOHNDROE, JR. , City Attorney Ae"Jopfec), Ae"(qu-�)f 26, 177(4 -3- 1/ I, LINE City of Fort Worth, Texas rmfimr Mayor and Council Communication DATE REFERENCE T: Amendment to Ordinance Regard- PAGE NUMBER ing School Zone Hours WALLS 8/26/74 TE-83 I Of Currently, the City Traffic Engineer installs and maintains "School Zones" near or adjacent to many of the schools in the City. These school zones restrict the legal vehicle speed limit on the streets to 20 miles per hour during the hours from 8:00 a.m. until 4:30 p.m., inclusively, during the days of the week when school is in session. After investigating the effectiveness of the school zones and the hours that schools will be in session this next school year, a revised and more effective time restric- tion period is recommended. If approved, the speed limits within a school zone will be in effect from 8:00 a.m. to 9:00 a.m. , and from 2:00 p.m. to Qh 4:00 p.m., Monday through Friday when school is in session. It is believed that deleting the hours of 9:00 a.m. through 2:00 p.m. (5 hours of the day) will result in better adherence and observance of the reduced speeds within V school zones during the shorter time period, thereby providing a safer 11 traffic condition during those hours when children are actually going to or PIP, coming from school. In addition, changes in school hours this next year make the extension of the school zone period to 4:30 p.m. unnecessary. Recommendation It is recommended that the City Council approve an amendment to the ordinance designating school zones as being enforceable between 8:00 a.m. and 9:00 a.m. and between 2:00 p.m. and 4.00 p.m. ,Monday through Friday during the school year when appropriate signing is erected so designating. RNL:ms SUBMITTED BY; DI$POSITION,14�`COUNCIL: PRO /I SE 11 11 WAPP VIE, [I OTHER (DESCRIBE) ,91�8 C; X__ er"K e"Y /Yel 15 1�zl try S "RETARY -_!FCRI ATV CITY MANAGER