HomeMy WebLinkAboutOrdinance 16380-04-2005ORDINANCE NO. l(~~~~ "~'-~-~~
AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT
WORTH {19$6), AS AMENDED, BY AMENDING SECTION 34--191,
"PARKING FACILITY OPERATORS' RESPONSIBILITY" OF
CHAPTER 34, "VEHICLES FOR HIRE" TO ALLOW AN EXCEPTION
TO THE REQUIREMENT THAT AN OWNER, OPERATOR, AGENT
OR REPRESENTATIVE OF A PARKING FACILITY, OTHER THAN
THE WRECKER COMPANY, MUST BE PRESENT OR AVAILABLE
AT THE SITE OF ANON-CONSENT TOW; PROVIUiNG THAT THIS
ORDINANCE SHALL BE CUMULATIVE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City Council of Fort Worth finds that it has a governmental
interest in protecting the general welfare, health, safety and order of the citizens of
Fnrt Worth; and
WHEREAS, the City Council finds that it is in the interest of the general welfare,
health, safety and order of the citizens of Fort Worth as we11 as visitors to the City of Fort
Worth to require the owner, agent or representative of private property to be present to
authorize the non-consent towing of a motor vehicle from such private property to avoid
wrongful tows that would leave citizens stranded in unsafe conditions; to prevent fraud
and theft; to avoid dangerous confxontatians at the scene of tows; and to preserve
valuable police time and resources by reducing the amount of false reports of auto thefts
because of such tows;
WHEREAS, the City Council finds that the interests of public safety are served so
that an owner, agent or representative of a parking facility need eat be present nr
available to authorize anon-consent tow when the following conditions exist: (1) a
vehicle is removed pursuant to an agreement, injunction, order or final judgment in a case
brought under Texas Civil Practice & Remedies Code Chapter 125, or {2) the vehicle is
removed pursuant to Texas Transportation Cnde Section 684.011; or (3) the vehicle is
removed pursuant to Section 684.011 of the Texas Transportation Code, and (a) the
wrecker company has a contract authorizing removal of vehicles from the property, (b)
signs containing the parking rules and regulations for the property are placed on both
sides of each. entrance to the property and, if visitor parking is located nn the property, the
signs clearly indicate that visitor parking is provided on the property and that non-
residents will he towed if parked in any location other than areas designated for visitor
parking; {c) visitor parking is clearly marred; {d) the wrecker operator attaches all lights,
chains, and safety equipment required by law nr ordinance within 50 feet of the initial
point ofhoar-up and prier to leaving the property from which the vehicle is removed; (e)
the wrecker operator sha11 release the vehicle and not charge a fee if the owner or
operator of the vehicle requests that the vehicle be released prier to the wrecker Leaving
the property; and (~ the provisions of this ordinance must be posted at the vehicle storage
facility.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
The Code of the City of Fort Worth, Texas {1986}, as amended, Chapter 34,
"Vehicles for Hire", Article V. "Wreckers", is amended by amending Sections 34-191
"Parking Facility Operators' Responsibility" to read in its entirety as follows:
Sec. 34-1.91. Parkin facility oneratars' responsibilities:
a. In the event a vehicle is Cawed from a parking facility by a wrecker
company pursuant to Texas Transportation Code Chapter 684, without the
consent of the owner ar operator of the vehicle, the owner, operator, agent
or representative of the parking facility, other than the wrecker company,
must be present and available at the site from where the vehicle in
question is to be Cawed to authorize the tow and to assure all requirements
of this ordinance have been complied with prior to the taw being
conducted.
b. The owner, operator, agent ar representative of the parking facility need
not be present or available under 34-191 {a) if:
i. the vehicle is removed from a property pursuant to an
agreement, injunction, order, or final judgment in a case
brought under Texas Civil Practice & Remedies Code Chapter
125; or
ii. the vehicle is removed pursuant to section 6$4.011 of the
Texas Transportation Cade; or
iii. the vehicle is removed pursuant to Texas Transportation Code
Chapter 684 pursuant to section 684.011, and:
a. the wrecker company has a contract authorizing removal of
vehicles from the property;
b. signs containing the parking nzles and regulations for the
property are placed on both sides of each entrance to the
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property and, if visitor parking is located on the property,
the signs clearly indicate that visitor parking is provided on
the property and that non-residents will be towed if parked
in any location other than areas designated far visitor
parking,
c. visitor parking is clearly marked;
d. the wrecker operator attaches all lights, chains, and safety
equipment required by law or ordinance within 50 feet of
the initial point of hook-up and prior to leaving the property
from which the vehicle is removed;
e. the wrecker operator shall release the vehicle and not
charge a fee if the owner or operator of the vehicle requests
that the vehicle be released prior to the wrecker leaving the
property; and
f. section 34-191 must be posted at the vehicle storage
facility.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of flort Worth, Texas (198&}, 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,
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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.
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 ($540.00) for each offense.
Each day that a violation exists shall constitute a separate offense.
SECTION 5.
All rights and remedies of the City of Fart Worth, Texas, are expressly saved as to
any and all violations of the provisions of the Code of the City of Fart 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.
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 V.T.G.A., Local Government Code Section 52.413.
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SECTION 7.
This ordinance sha11 take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY
ssistant City Atttorney
ADOPTED: ~ r I ~ ~d~
EFFECTIVE: ~ ~ ~ _ ~~~
City ~f F®rt V~/®rff~, Texas
Mayor and Council Communication
COUNC6L ACTION: Approved on 4/19/2005 -Ord. #19380-04-2005
DATE: Tuesday, April 19, 2005
LOG NAME: 12TOWING
REFERENCE NO,: C-14754
SUBJECT:
Adopt Amendment to Ordinance Chapter 39~, "Vehicles for Hire," of the City Code
RECOMMENDATION:
It is recommended that the City Council adopt an ordinance amending the City Code Chapter 34, "Vehicles
far Hire," nfi the City Cade.
DISCUSSION:
In 1997 the City adopted an ordinance amending City Code Chapter 34-191 making it an offense for a
wrecker to tow a vehicle from a private Int without the presence and permission of the owner, agent or
representative of the property. In September 2094, a wrecker company-Supertow, sued the City claiming
that the City was preempted by Federal law from enforcing Chapter 34191 of the City Cade. The parties
were required to attend a settlement conference; the discussions at the conference led to the proposed
amendments.
The City maintains that Chapter 34-191 protects the public from: dangerous confrontations at the scene of
tows; vehicular burglary resulting from tows; citizens being stranded because of wrongful tows; and it saves
valuable police time and resources that are spent on false vehicle theft reports from owners whose cars
have been towed. The proposed amendments to the ordinance exempt from the general rule vehicles that
are towed pursuant to an agreement, order or judgment in a nuisance abatement lawsuit. Likewise, the
proposed amendments do not require the presence of a property owner or agent to tow a vehicle that is
parked in a fire lane, handicap space ar is obstructing a traffic aisle, exit or entry.
There is also an exception to allow vehicles to be towed without the presence of the owner, agent or
representative of the property if the wrecker has a valid contract with the property owner; there is signage
indicating the location of visitor parking and parking rules and regulations; visitor parking is clearly marked;
the tow operator attaches all required equipment to the vehicle within 50 feet of the hook-up; the tow-
operator agrees to release the vehicle without charge to its owner nr operator if the vehicle is still on the
property; and the taw operator posts these regulations at its storage facility. These safeguards satisfy the
City`s concerns for public safety with regard to non-consent tows from private property.
FISCAL INFORMATIONICERTIFICATION:
The Finance Director certifies that this action will have no material effect on City funds.
TO FundlAccountlCenters
FROM FundlAccountJCenters
Submitted for Gity Manager's Office b}~
Ori inatin De artment Head:
Additional information Contact:
Joe Paniagua {6191)
David Yett {7623)
Christopher g. Mosley (7603)
Lognarne: 12TOWING Page 1 of 2