HomeMy WebLinkAboutOrdinance 20858-08-2013 ORDINANCE NO. 20858-08-2013
AN ORDINANCE AMENDING CHAPTER 10 "COURTS," ARTICLE II
"PARKING VIOLATIONS BUREAU," OF THE CODE OF THE CITY OF
FORT WORTH,TEXAS (1986), AS AMENDED, BY AMENDING SECTION
10-17, "HEARING OFFICERS" TO ADD POWERS AND DUTIES;
SECTION 10-18, "PARKING CITATIONS" TO CLARIFY SERVICE OF
CITATION AND TO EXTEND THE TIME TO CONTEST; SECTION 1049,
"PRESUMPTION OF OWNERSHIP" TO ESTABLISH EXCEPTIONS TO
VEHICLE OWNER LIABILITY; SECTION 10-20, "HEARINGS" TO
PROVIDE CONTEST OF CITATION ONLINE AND VIA MAIL; AND
SECTION 1.0-21, "APPEAL" TO CLARIFY THE APPEAL PROCESS AND
INCREASE THE FILING FEE; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A
PENALTY 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 promote efficiency within the City; and
WHEREAS, the City Council recognizes the City's Parking Citation .Adjudication
Process is no exception, and the City Council seeks to promote greater efficiency, expediency,
and flexibility in adjudicating and disposing of parking citations issued within the City; 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 10 of the Fort Worth Code of Ordinances
to improve the Parking Citation Adjudication Process; 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. 20858-08-2013
Page t of 7
SECTION 1.
Chapter 10 "Courts," Article 11 "Parking Violations Bureau," Sections 10-17, 10-18, 10-
19, 10-20, and 10-21 of the Code of the City of Fort Worth are hereby amended to read as
follows:
Sec. 10-17. - Hearing officers; powers, duties, and functions.
(a) The parking violations bureau shall be composed of one (1) or more hearing
officers who shall be appointed by the city council for terms of two (2) years. Hearing officers
shall report to and be under the administrative oversight of the director of municipal court
services. The city council shall be authorized to remove hearing officers. The director of
municipal court services shall be authorized to take disciplinary action against hearing officers
other than removal. Hearing officers shall be exempt from the dismissal, suspension, and
demotion sections in Chapter 2, Article V of the Fort Worth City Code.
(b) Hearing officers shall preside over parking hearings in accordance with this
article and shall have the authority to accept pleas, administer oaths and to issue orders
compelling the attendance of witnesses and the production of documents.
(c) An order compelling the attendance of witnesses or the production of documents
may be enforced by the municipal court.
Sec. 10-18.- Parking,citations.
(a) (1) The administrative adjudication process for parking, stopping and standing
violations shall be initiated by the issuance of a parking citation which may be issued by a peace
officer or other authorized parking enforcement agent. Authorized parking enforcement agents
shall include any police officer, traffic control technician, city marshal or other employee or
volunteer of the city designated by the chief of police, city marshal, or the city manager to
enforce the provisions of this Code in regard to the parking, stopping or standing of vehicles.
(2) Consistent with the provision of this section and with state law, the city manager
is authorized to establish, Linder the direction of the chief of police, the accessible parking
volunteer enforcement program, utilizing volunteers to enforce the provisions of this Code
concerning disability parking.
(b) A parking citation must be served personally upon the operator of a vehicle, if
present at the time of service. If the operator of the vehicle is not present at the time of issuance
of the citation and cannot be personally served, the citation must be served upon the registered
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owner of the vehicle by affixing the citation to the vehicle in a conspicuous place or by mailing
the citation to the registered owner of the vehicle by first class mail.
(c) The citation shall provide that the registered vehicle owner or operator charged
with a parking, stopping or standing offense shall have the tight to an instanter hearing to
determine the issue of liability for the charged offense. Such night to a hearing shall be exercised
by appearing in person before a hearing officer within twenty-one (21) calendar days from the
date of the citation at such convenient and reasonable hours as may be determined by the
municipal court clerk, said hours to be printed on the parking citation. The twenty-first (21st)
calendar day shall be the last day to respond to a parking citation, and shall be known as the
appearance date.
(d) The original or any copy of the citation is a record kept in the ordinary course of
business in the city and is rebuttable proof of the facts it contains.
(e) Failure of the registered vehicle owner or operator to answer the parking citation
and contest liability, on or before the appearance date is considered an admission of liability for
the parking violation charge and will result in the assessment of fines, costs, and fees.
See. 1.0-1.9. - Presumption of ownership; exceptions to vehicle owner liability.
(a) It is presumed that the registered owner of the motor vehicle that is the subject of
the administrative heating is the person who parked or stopped the vehicle at the time and place
of the offense charged,
(b) A state department of highways and public transportation computer-generated
record of the registered vehicle is prima facie evidence of its contents in an administrative
adjudication hearing under this article.
(c) The operator of a vehicle who is not the registered owner but has the express or
implied permission to operate the vehicle is considered the registered owner's agent and is
authorized to receive and contest a parking citation.
(d) A registered vehicle owner is not],table for a violation subject to this article if-
(1) The vehicle operator, not the registered owner, assumes responsibility for
the issued citation by either paying the fine or contesting the citation
online, via mail, or in person as outlined in this article;
(2) The registered vehicle owner files an affidavit with the parking bureau and
attaches supporting documentation, establishing that the vehicle being
operated at the time of the violation was sold prior to the date and time the
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citation was issued. Supporting documentation includes but is not limited
to a bill of sale and the vehicle's title signed by both the seller and the
purchaser of the vehicle;
(3) The registered vehicle owner files an affidavit with the parking bureau and
attaches supporting documentation, establishing that the vehicle being
operated at the time of the violation was stolen prior to the date and time
the citation was issued. Supporting documentation includes but is not
limited to a copy of an official police report; or
(4) The registered vehicle owner is now deceased and no other vehicle
operator has been personally served with the citation, nor claimed
responsibility for the citation. Proof may be shown by submitting an
official death certificate.
See. 10-20. - Hearings; contest parking citation online and via mail
(a) At the hearing before the hearing officer, the registered vehicle owner or operator
may enter a plea of liable, not liable, or liable with an explanation to the alleged violation.
(b) The issuing peace officer or other authorized parking enforcement agent shall not
be required to attend the hearing.
(c) It is not required that the city's prosecuting attorney attend the hearing. If the
registered vehicle owner or operator is represented by legal counsel at the hearing, the bearing
officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the city
at said hearing.
(d) No formal or sworn complaint shall, be necessary. The hearing officer shall
examine the contents of the citation and the evidence related to ownership of the vehicle in
question, and shall hear and consider evidence and testimony presented by the registered vehicle
owner or operator, and the issuing officer if in attendance. If the hearing officer determines by
the preponderance of the evidence that the violation was committed by the registered vehicle
owner or operator, the hearing officer shall find the person liable therefor.
(e) At the conclusion of the hearing, the hearing officer shall issue an order stating
whether or not the registered vehicle owner or operator charged is liable for violation of the
parking or stopping ordinance and the amount of any fine, costs, or fee assessed against the
person. The order shall be filed with the clerk of the municipal court. All such orders shall be
kept in a separate index or file by the municipal court clerk using appropriate data processing
techniques.
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(f) Failure of the registered vehicle owner or operator charged with the offense to
appear at the hearing within the aforesaid twenty-one (21) calendar day period shall be
considered an admission of liability for the charged offense.
(g) The Texas Rules of Evidence do not apply to a hearing tinder this article.
(h) The registered vehicle owner or operator charged with a parking, stopping or
standing violation may contest the citation online within seven (7) calendar days from the date of
the citation. The director of the municipal courts department shall establish procedures which
will allow for the online submission of written statements and evidence.
(i) The registered vehicle owner or operator charged with a parking, stopping or
standing violation may contest the citation via mail within twenty-one (21) calendar days from
the date of the citation, by submitting written statements and evidence. The envelope containing
the correspondence must be postmarked no later than the twenty-first day from the date of the
citation.
0) If the registered vehicle owner or operator charged with a parking, stopping, or
standing violation elects to contest the citation online or via mail, that person waives the light to
an instanter hearing before a heating officer.
See. 10-21. - Appeal.
(a) After the administrative adjudication hearing, online adjudication process, or
finding of liability via mail, a person found liable by the hearing officer for violating the parking
or stopping ordinance may appeal this determination to the municipal court.
(b) The appeal must be instituted by the liable party filing, not later than the thirtieth
day after the filing of the hearing officer's order, a petition with the clerk of the municipal court
along with payment of a nonrefundable administrative appeal filing fee in the amount of ten
dollars ($10.00), as well as payment of any other costs required by law for municipal courts.
(c) After the liable party files a petition for appeal, the municipal clerk shall schedule
a hearing and notify all parties of the date, time and place of the hearing.
(d) The appeal hearing shall be a de novo review. The municipal court shall examine
the evidence presented at the appellate hearing and if the court determines by the preponderance
of the evidence that the violation was committed by the appealing party, the court shall find the
appealing party liable therefor.
(e) Service of notice of appeal under this section does not stay the enforcement and
collection of the Judgment unless the person who files the appeal posts a cash bond before filing
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notice of appeal with the clerk of the municipal court. Said ouah bond shall be in the amount of
all fines, costs and fees assessed hy the hearing officer,
SECTION 2,
This ordinance shall be cumulative of all provisions of ordinances 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 3.
It is hereby declared to he the intention of the City Council that the sections, paragraphs,
meutcuu:a, clauses and pb/umea 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 u0000ndtohouu|ity mbuil not affect any of the
remaining phrases, o|au000, noutcnocx, paragraphs and sections of this ordinance, since the same
would have been enacted by the City Council without the incorporation in this ordinance ofany
such uuu`ondiuduual phrase, clause, sentence, paragraph orsection.
SECTION 4.
All nights and rernediea o[the City of Fort Worth, Texas, are expressly saved on to any
and all violations uf the provisions of the Code of Fort Worth which have accrued ut the time Vf
the effective (late of this ordinance, and, on to such accrued violations and all pending litigation,
both civil and oinoioa|` whether pending iu court or not, under such ordinances, same xbu}\ not
he affected by this ordinance but may be prosecuted uud\ Onu} disposition by the courts.
SECTION 5.
The violation of the provisions of this udio\e related to the parking and stopping of
vehicles shall bo civil offenses subject \o civil penalties and fines pursuant Lo the procedures for
administrative adjudication as set tbdh in Chapter 10 of this Code. Accordingly, any person,
fion, 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 u violation exists ubo\\ constitute u separate offense.
Ordinance No.2V&58'V8-20}J
Page 6of7
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 Govern-ment Code,
Section 52.013.
SECTION 7.
Chapter 10 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 8.
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:
Assistan ity Attorney Mary J.Kayser C ec etary
ADOPTED: August 13,2013
J
EFFECTNE:
Ordinance No. 20858-08-2013
Page 7 of 7
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/13/2013 - Ordinance No. 20858-08-2013 & Resolution
No. 4232-08-2013
DATE: Tuesday, August 13, 2013 REFERENCE NO.: **G-17972
LOG NAME: 38PKG ORD 2013
SUBJECT:
Adopt Ordinance Amending Chapter 10, Courts, Article li, Parking Violations Bureau, of the Code of the
City of Fort Worth, Amending Sections 10-17 "Hearing Officer" to add Powers and Duties, 10-18 "Parking
Citations" to Clarify Service of Citation and to Extend the Time to Contest, 10-19 "Presumption of
Ownership" to Establish Exceptions to Vehicle Owner Liability, 10-20 "Hearings" to Provide Contest of
Citation Online and Via Mail, and 10-21, "Appeal" to Clarify the Appeal Process and Increase the Filing
Fee, and Adopt Resolution Authorizing the Hearing Officer to Administratively Close Adjudicated Parking
Citations Based on Certain Criteria (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 10, Courts,
Article ll, Parking Violations Bureau, of the Code of the City of Fort Worth, amending Sections 10-17
"Hearing Officer" to add powers and duties, 10-18 "Parking Citations" to clarify service of citation and to
extend the time to contest, 10-19 "Presumption of Ownership" to establish exceptions to vehicle owner
liability, 10-20 "Hearings" to provide contest of citation online and via mail, and 10-21, "Appeal" to clarify
the appeal process and increase the filing fee.
It is further recommended that the City Council adopt a resolution authorizing the hearing officer to
administratively close adjudicated parking citations based on certain criteria.
DISCUSSION:
Over the past year, the Municipal Court Services Department has reviewed the Parking Bureau's internal
business processes, related ordinances, policies and procedures in order to identify possible amendments
to the current ordinance that will promote greater efficiency and expediency in disposing of parking
citations within the City.
The first purpose of this Mayor and Council Communication (M&C) is to seek City Council approval on the
proposed amendments to the current parking citation adjudication process found in Chapter 10, Article ll,
of the Fort Worth City Code. The following are the proposed changes to Chapter 10, that would improve
the department's ability to adjudicate cases and improve the efficiency of the parking citation adjudication
process:
1. Section 10-17, "Hearing officers." This section would be amended to clarify the powers, duties and
functions of the hearing officer by adding that the hearing officer presides over the parking adjudication
process and has the power to accept pleas.
2. Section 10-18, "Parking citations." Section 10-18 would be amended to increase the time to contest a
parking citation from 14 days to 21 calendar days.
Logname: 38PKG ORD 2013 Pagel of 3
3. The proposed amendments ho Section 18'18 are designed
ho provide exceptions hn the registered vehicle owner's liability. Typically, these exceptions are
circumstances where events occur outside of the vehicle owner's control and should not result in a finding
of liability. For inatance, cases where the vehicle was reported stn/en, was sold or where the registered
vehicle owner was deceased ot the time the citation was issued.
4. " Currently, the City of Fort Worth (City) does not provide citizens with the
ability bx contest citations online or via the mail. All citizens seeking ho contest their citations must dVnoin
person. State law requires that citizens have the right to an instanter hearing, which means a hearing
immediately o/without delay. With the amendments to the ordinance, all citizens wishing to contest their
parking citation will still have access to an in-person hearing. However, with new technology available, the
City will now be able to offer more convenient method to contest citations either online or via mail for
those citizens who prefer such options. Other Texas cities making the online process for contesting
citations available are Houston and Austin. Dallas and Austin allow citations tobe contested via mail.
Additionally, the proposed amendments to Section 10-20 would make clear that either the operator of the
vehicle or the registered vehicle owner may contest the parking citation. The operator of the vehicle who
is served with the citation at the time of issuance or who later takes responsibility for the citation may
contest the citation. In cases where no one is personally served with the citation, the citation is placed on
the vehicle and itis presumed the registered vehicle owner was operating the vehicle at the time the
citation was issued.
5. The primary amendment to the appeals process would be simply raising the
filing fee from $50Oto $108O The goal here istobe more competitive with filing fees charged by
comparable municipalities across the state. For example, the filing fees for other Texas cities are as
follows: Houston $15.00. Dallas $15.00, and San Antonio $5.DO.
The second purpose of this M&C is to seek City Council approval for the attached resolution authorizing
the hearing officer to administratively close certain adjudicated parking citations. Typically when aparking
citation is issued to an operator or registered vehicle owner, it is either paid or contested timely. Curnant|y,
apensonnhargedvvithaparkingvio|atinnhar14doyntoconieedthechargeorthecasewi|| be
adjudicated by default and the person will be found liable. |n most cases, collection efforts are appropriate
and the department desires k} pursue those judgments. However, in some cases itie not appropriate nr
practical ho pursue collection efforts, sn the case should beclosed. The following are the limited
circumstances where the hearing officer would be allowed to cease collection efforts and administratively
close adjudicated parking cases that the department no longer seeks to pursue:
• The operator of the vehicle or the registered vehicle owner charged with the violation is now
deceased;
• The operator of the vehicle or the registered vehicle owner charged with the violation has now
filed bankruptcy;
• The parking citation was issued to a stolen vehicle;
• The issued citation lacks essential information that would have been necessary to find the operator
or registered vehicle owner liable had a hearing been timely held (i.e. date. location); or
• The issued citation contains incorrect information that would have prevented the operator or
registered vehicle owner from being found liable had a hearing been timely held (i.e. wrong offense,
vehicle).
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that the Municipal Court Services Department ia
responsible for the collection and deposit nf funds due to the City.
FUND CENTERS:
Logname: Page Zof3
TO Fund/Account/Centers FROM Fund/Account/Centers
GG01 431982 0381000 $0 00
CERTIFICATIONS:
Submitted for City Manager's Office by: Charles Daniels (6183)
Originating Department Head: Deidra Emerson (6711)
Additional Information Contact: Dakisha Wesley (6711)
Logname: 38PKG ORD 2013 Page 3 of 3