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HomeMy WebLinkAboutIR 7176 INFORMAL REPORT TO CITY COUNCIL MEMBERS No. 7176 RaFCOArp,X To the Mayor and Members of the City Council March 4, 1987 Sub i ect: ORDINANCE PROVIDING FOR TOWING, IMPOUNDMENT AND DISPOSAL OF t873 ABANDONED AND JUNKED VEHICLES An ordinance amending City Code Chapter 22, "Motor Vehicles and Traffic," concerning the towing, impoundment and disposal of abandoned and junked vehicles is scheduled for discussion during the City Council Work Session on March 4, 1987. Attached for your review is a copy of the proposed ordinance. Please let me know if you have any questions prior to the Work Session. Douglas Hamna�i City Manager DH:kc Attachment ISSUED BY THE CITY MANAGER FORT WORTH, TEXAS ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 22, "MOTOR VEHICLES AND TRAFFIC" , OF THE CODE OF THE CITY OF FORT WORTH , TEXAS, ( 1986) , AS AMENDED, BY ADDING CERTAIN DEFINITIONS; BY CHANGING THE SECTION DESIGNATION OF CERTAIN SECTIONS; BY AMENDING ARTICLES VI AND IX THEREOF TO CHANGE VARIOUS NOTICE AND HEARING PROVISIONS; REPEALING ALL CODE SECTIONS AND ORDINANCES IN CONFLICT HEREWITH AND MAKING THIS ORDI- NANCE CUMULATIVE; PROVIDING A PENALTY AND A SAVING CLAUSE; PROVIDING FOR PUBLICATION ; PROVIDING FOR ENGROSSMENT AND ENROLLMENT ; PROVIDING AN EFFECTIVE DATE. NOW THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1 . That Section 22-1 , "Definitions" , of Chapter 22 of the Code of the City of Fort Worth ( 1986) , as amended, is hereby further amended by inserting into the list of terms defined therein, in the order in which they should appear alphabetically, the terms , "Abandoned motor vehicle" or "Abandoned vehicle" , and "Texas Litter Abatement Act" , and, to substitute for the definition of "Junked vehicle" which appears in the said section, the definition of that term specified herein, such inserted and substituted terms to read as follows: "Abandoned motor vehicle" or "Abandoned vehicle" means a motor vehicle that is inoperable and more than eight years old and left unattended on public property for more than 48 hours, or a motor vehicle that has remained illegally on public property for a period of more than 48 hours , or a motor vehicle that has remained on private property without the consent of the owner or person in control of the property for more than 48 hours. "Junked Vehicle" means a motor vehicle as defined in Article 6701d-11 , Vernon 's Texas Civil Statutes, that: ( 1 ) is inoperative ; and OFFICIAL RECORD CITY SECRETARY CT lunnru rrw ( 2) does not have lawfully affixed to it either an unexpired license plate or a valid motor vehicle safety inspection certificate, that is wrecked, dis- mantled, partially dismantled, or discarded, or that remains inoperable for a continuous period of more than 45 days, but excluding vehicles in operable con- dition specially adopted or constructed for racing or operation on privately owned drag strips or raceways, vehicles retained by the owner for antique collection purposes rather than for salvage or for transporta- tion, and vehicles stored as the property of a member of the armed forces of the United States who is on active duty assignment outside the continental and territorial limits of the United States. The term "junked vehicle" shall include part of a junked vehicle. "Texas Litter Abatement Act" means Article 4477-9a V.T .C.S. SECTION 2. That Section 22-171 of Chapter 22 of the Code of the City of Fort Worth ( 1986) , as amended, be, and the same is hereby further amended to read as follows: "Sec. 22-171 . Parking restricted on certain private pro- perty. ro- eP rty. " (a) Parking restricted on private property of public service, etc. , corporations - Generally. In any areaway, parkway, trafficway or parking space owned or controlled by any public service concern, public service utility company, terminal company, railroad or other quasi--public corporation or public concern, designed for the temporary parking of patrons of such public concern, utility or corpo- ration , it shall be unlawful for any person or any person having control of any motor vehicle, or vehi- cle of any kind, to park upon or in any such space owned or controlled by a public service corporation or public service concern mentioned herein for a longer period than two (2) hours, which time is fixed as a reasonable length of time in which any person may so occupy any private property owned or con- trolled by such public service corporation or public concern set aside and designed for use of the ublic having business to transact with such public 'a"rt . L RECORD CITY SEC17ETARY -2- �. WD,7 t, TIX corporation or public service concern ; provided, however, that no vehicle shall be parked longer than thirty ( 30) minutes on the west side of the private street on the Texas and Pacific Railway Company property 's west curb line of the street, which opens onto West Lancaster Street which is at a point four hundred and thirty-one (431 ) feet from the center line of Jennings Avenue, and the east curb line of such street is two hundred and sixty ( 260) feet from the center line of the intersection of Throckmorton Street and West Lancaster Street, such street being forty-two ( 42) feet wide. " (b) Unauthorized parking on private property pro- hibited. It shall be unlawful for any person to park or stand a vehicle, whether occupied or unoccupied, except temporarily for the purpose of and while actually loading or unloading such vehicle, in any private driveway or on any private parking lot or other private property without the express or implied consent of the owner or person in lawful possession thereof. In the event the identity of the driver of such vehicle is unknown, the owner or person in whose name such vehicle is registered shall be prima facie deemed to be in violation hereof. " (c) Exception to section 22-171 (b) . No citation issued under the provisions of Section 22-171 (b) shall be valid unless such citation includes a statement to the effect that at the time same was issued, a clearly visible sign was located on the private property involved, informing the pub- lic that such private driveway, parking lot or other private property is reserved for the use of autho- rized persons or vehicles only, and further that such sign states the persons or vehicles authorized . " SECTION 3. That Section 22-178 shall be recodified as Section 22-171 (b) , appearing in Section 2 of this ordinance, and that Section 22-178 shall be reserved for expansion. OFFICIAL RECOR9 -3- CITY SECRETARY FT, WORTH TEX. SECTION 4. That Section 22-221 , "Tow-away Zones , " of Chapter 22 of the Code of the City of Fort Worth ( 1986) , as amended, is hereby further amended by adding the following new paragraph at the end of such section : "Any vehicle found in a tow-away zone may be towed away and impounded by the City or its duly authorized representative in accordance with the procedures estab- lished in Section 22-222. " SECTION 5. That Section 22-222, " Impoundment of vehicles authorized" , of Chapter 22 of the Code of the City of Fort Worth ( 1986) , as amended, is hereby further amended to read as follows: "Sec. 22-222. Towing and Impoundment of Certain Vehicles Authorized. " (a) Any vehicle found on any public street or other public place under any circumstances hereinafter set forth shall be deemed to be a nuisance per se, and may be towed away and impounded in the manner herein provided (pro- vided, however , that such listed circumstances shall not be deemed exclusive or prohibit such towing and impound- ment in any circumstances not listed) : ( 1 ) When any vehicle or any other property consti- tutes an obstruction to traffic by being left un- attended upon any bridge, viaduct, or causeway, or in any underpass or tunnel; ( 2) When any vehicle is illegally parked so as to block the entrance to any private driveway; ( 3) When any vehicle is found upon a street, or highway, and information has been reported to the effect that such vehicle has been stolen or complaint has been filed and a warrant thereon issued charging that such vehicle has been stolen or embezzled; -4- o1f►C�A[ RCCORo C11y SECR`TARY FT. WORTjq, Tp - ------ (4) When a vehicle upon a street, or highway, is so disabled that its normal operation is impossible or impractical and the person or persons in charge of the vehicle are incapacitated by reason of physical injury or other reason to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehi- cle; (5) When a police officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is by law required to take the person arrested immediately before a magistrate; ( 6) When any vehicle is parked or standing in or on any portion of a street, or highway, in such a manner that the vehicle constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency, or unusual circumstance the safety of said vehicle is imperiled ; (7) When any vehicle is stopped or standing or parked in violation of any official sign or other traffic-control device where said sign or device gives notice of a tow-away zone; ( 8) When any vehicle is stored on the public street, sidewalk, parkway or alley, according to the terms of Sec. 22-159; and ( 9) When a vehicle is found to be an abandoned vehicle or a junked vehicle. " (c) Whenever the provisions of this Section provide for the towing away and impoundment of any vehicle, such service shall be performed either by the City or its duly authorized representative. " (d) Whenever a vehicle is towed away and impounded under the provisions of this Section or of Section 22-221 , the procedures in Section 22-302 shall be followed, with regard to notice, hearing, appeal, release, storage fees, sale and disposition of the vehicle." SECTION 6. That Chapter 22 of the Code of the City of Fort Worth ( 1986) , as amended, is hereby further amended by changing the title of OFFICIAL RECORD -s- CITY sEC.gETAR'Y FT WORTH. TFX Article IX, by changing Sections 22-301 , 22-302, 22-303, 22-304, 22-305, 22-306 and 22-307, and by adding Sections 22-308, 22-309, 22-310, 22-311 , 22-312, 22-313, 22-314 and 22-315, such amended title and the amended and added sections to read as follows: "ARTICLE IX. ABANDONED AND JUNKED VEHICLES. "DIVISION 1 . ABANDONED VEHICLES. "Sec. 22-301 . Disposition of Abandoned Vehicles Abandoned vehicles shall be impounded and disposed of in accordance with the applicable provisions of the Texas Litter Abatement Act . "Sec. 22-302. Additional Requirements (a) Notice Requirements - Abandoned Vehicles . When the police department takes into custody an abandoned vehicle, the department shall give notice to the owner and lien- holders of the vehicle pursuant to Section 5.03 of the Texas Litter Abatement Act. Such notice shall be mailed to the last known registered owner and to any lien holders of record, and shall contain such information as is required under Section 5 .03. It shall include a statement that the vehicle will be disposed of if the owner or lien holder does not exercise the right to reclaim the vehicle within 20 days of the date of the notice, according to the terms of Section 5 .03. Such notice shall also state that the procedures for reclaiming the vehicle include the right to an administrative hearing and an appeal hearing on the issue of the propriety of the impoundment, which hearing , if requested, shall be held within 72 hours of the time of such request, exclusive of Saturday, Sunday and City holidays unless a later date, not later than five days after the request, is requested by a person entitled to notice, All requests made pursuant to this section must be in writing , delivered to the police department . (b) Administrative Hearing and Appeal Hearing - Abandoned Vehi^les . If a hearing is requested, the following proced- ure shall be followed: ( i ) within 72 hours of the impoundment (unless a later time has been requested by a person entitled to OFFICIAL RECORD -6- CITY sEC,q�TARY ��. VbRTH, TTX. notice) , the issue of the propriety of the impound- ment shall be considered at an administrative hear- ing , which shall be presided over by a hearing officer designated by the police chief. If such hear- ing officer rules that the impoundment was improper , the vehicle shall be released, and no charges for the impoundment, preservation or storage of the vehicle shall be assessed. If the person requesting the hearing is not satisfied with the ruling of the hearing officer on the issue of the propriety of the impoundment, that person shall have a right to an appeal hearing , according to subsection ( ii) of this section, below. (ii) If an appeal hearing is requested, such hearing shall be held within 48 hours of the time of the administrative hearing, unless a later time is re- quested by the person entitled to notice. A municipal judge shall preside at the appeal hearing, at which time the issue of the propriety of the impoundment will be considered. If the municipal judge orders that the impoundment was improper, the vehicle shall be released immediately, and no charges for the impoundment, preservation or storage of the vehicle shall be assessed. If the municipal judge orders that the impoundment was proper, the vehicle shall be released only upon the payment of all charges for the impoundment, preservation and storage of the vehicle. (c) Pre-hearing Release - Abandoned Vehicles. If the per- son requesting the hearing requests that the vehicle be released prior to the time of the hearing , upon the post- ing of a cash bond in the full amount of all impoundment , preservation and storage charges, the vehicle shall be re- leased, pending the outcome of the hearing . (d) Storage Fees -- Abandoned Vehicles. The Police Department or agent of the Police Department that takes custody of a vehicle is entitled to reasonable storage fees for : ( i ) a period of not more than ten ( 10) days beginning on the day the department takes custody and continu- ing through the day the department mails notice as provided in this section ; and 006, OFFICIAL -7- ( ii) for a period beginning on the day after the de- partment mails notice and continuing through the day any accrued charges are paid and the vehicle removed. (e) Sale or Disposition of Abandoned Vehicles. Following compliance with the above procedures, an unclaimed vehicle may be sold at public auction or otherwise disposed of in accordance with provisions of the Texas Litter Abatement Act. "DIVISION 2. JUNKED VEHICLES. "Sec. 22-303. Junked Vehicles Declared Public Nuisance A junked vehicle that is located in a place where it is visible from a public place or public right-of-way is detri- mental to the safety and welfare of the general public, tends to reduce the value of private property, invites vandalism, creates fire hazards , constitutes an attractive nuisance creat- ing a hazard to the health and safety of minors, and is detri- mental to the economic welfare of the city by producing urban blight adverse to the maintenance and continuing development of the city, and is a public nuisance. "Sec. 22-304. Notice - Junked Vehicles (a) Prior to any official action being taken to abate and remove a junked vehicle constituting a public nuisance, from private property, public property or public right- of-way, not less than ten ( 10) days ' notice shall be given , except as hereinafter provided, to the following parties: ( 1 ) the last known registered owner of the junked vehi- cle ; and ( 2) any lien holder of record; and ( 3) the owner or occupant of the private premises or public premises upon which the junked vehicle is located or the owner or occupant of the premises adjacent to the public right-of-way on which the junked vehicle is located. (b) Such notice shall be mailed, by certified mail with a five-day return requested, and a copy of such notice shall also be affixed to the front windshield of the vehicle, and shall state the following: OFFICIAL RECO11II CITY SECRETARY -8 FT. WORTH, TEX. ( 1 ) the nature of the public nuisance; and ( 2) that it must be removed and abated within ten ( 10) days ; and ( 3) that a public hearing will be held by the City Council on a date specified in the notice, which date will be at least 10 days following the date of the notice; and ( 4) that the persons entitled to notice shall be entitled to speak at the public hearing, either by making a request prior to the time of the hearing or by making a request at the time of the hearing ; and (5) that failure to abate the nuisance or failure to attend the hearing after notice constitutes a waiver by the owner and lien holders of all right, title and interest in the vehicle and their consent to disposal of the junked vehicle under the terms of the Texas Litter Abatement Act concerning the disposal of junked vehicles. (c) If any notice is returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than ten ( 10) days after the date of the return of the notice. "Sec. 22-305. Hearing - Junked Vehicles (a) At the public hearing , the City Council shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged public nuisance. The hearing may be continued from time to time. (b) Following the public hearing, the City Council shall consider all evidence and determine whether the vehicle, or any part thereof, constitutes a public nuisance as alleged. If the Council finds that a public nuisance does exist and that there is sufficient cause to abate the nuisance, and that notice requirements provided in this division have been met, the City Council shall make a written order setting forth its findings and ordering that the nuisance be abated. The order shall include a descrip- tion of the vehicle and the correct identification is OFFICIAL RECO?Q -9 CITY SECRETARY FT. WOi?TH, TEX. available at the site of the vehicle, and shall state that the vehicle will be disposed of in accordance with the Texas Litter Abatement Act. "Sec. 22-306 Abatement of Nuisance In the event the City Council orders abatement of the nuisance, the City or any duly authorized person may abate such public nuisance by removal and disposal of the junked vehicle. "Sec. 22-307 Junked Vehicles Not To Be Reconstructed or Made Operable After Removal After any junked vehicle has been removed under the autho- rity of Division 2, it shall not be reconstructed or made operable again. "Sec. 22-308 Notice of Removal To Be Given To State Del2artment of Highways and Public Transportation Not later than the fifth day after the date of removal of a junked vehicle pursuant to Division 2, notice must be given to the State Department of Highways and Public Transportation . Such notice must identify the vehicle. "Sec. 22-309 Disposal of Junked Vehicles Any junked vehicle taken into custody by the City of Fort Worth or any duly authorized person pursuant to a provision of Division 2 shall be disposed of in accordance with applicable provisions of the Texas Litter Abatement Act. "Sec. 22-310 Application of Division 2 The provisions of Division 2 shall not apply to a vehicle that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property, a vehicle that is stored or parked in a lawful manner on private property in connection with the busi- ness of a licensed vehicle dealer or junkyard, or an unli- censed, operable , or inoperable antique or special interest vehicle stored by a collector on the collector 's property, if the vehicle and the outdoor storage area are maintained in a manner so that they do not constitute a health hazard and are screened from ordinary public view by means of a fence, rapidly growing trees, shrubbery, or other appropriate means . For purposes of this section the following definitions will apply: OFFICIAL RECORD -10- CITY SECRETARY FT. WORTH, TEX. AML ( 1 ) "Antique Vehicle" means a passenger car or truck that was manufactured in 1925 or before or a passenger car or truck that is at least 35 years old . ( 2) "Special Interest Vehicle" means a motor vehicle of any age that has not been altered or modified from origi- nal manufacturer 's specifications and, because of its historic interest, is being preserved by hobbyists. ( 3) "Collector" means the owner of one or more antique or special interest vehicles who collects , purchases , ac- quires , trades or disposes of special interest or antique vehicles or parts of them for personal use in order to restore, preserve, and maintain an antique or special interest vehicle for historic interest. "Sec. 22-311 Administration Division 2 shall be administered by regularly salaried, full-time employees of the City of Fort Worth as designated by the City Manager , except that the removal of a vehicle from property may be performed by any duly authorized person. "Sec. 22-312 Criminal Complaint (a) Should an owner or occupant of any private property or public property or of premises adjacent to any public right-of-way in the City of Fort Worth be notified to remove a junked vehicle from such property as provided in Sec. 22-304 , and should such owner or occupant fail to either remove such vehicle or request a hearing within the required ten ( 10) day period, the City may pursue the filing of a criminal complaint against such owner or occupant in a City of Fort Worth Municipal Court for vio- lation of the Texas Litter Abatement Act. (b) In the alternative, whenever a junked vehicle is found to exist within the City of Fort Worth in violation of the Texas Litter Abatement Act, the City may, without notice, pursue the filing of an immediate criminal complaint against the owner of the vehicle or the person responsible for such violation. "Sec. 22-313 Order of Abatement Upon Conviction Whenever a person is convicted in a City of Fort Worth Municipal Court of maintaining a junked vehicle constitutinq a public nuisance in violation of the Texas Litter Abatement Act, the court shall, in connection with its guilty finding, enter OFFICIAL RECORD -11- CITY SECRETARY FT. WORTH, TEX. an order directing the guilty party to abate the public nui- sance which was the subject at the criminal complaint. Such order shall require the abatement of the public nuisance within a specified time period, not to exceed sixty ( 60) days , and shall further provide that, if abatement is not accomplished within such time period, the City of Fort Worth is authorized and directed to abate the nuisance and assess the reasonable costs of abatement against the guilty party. Any order so entered shall take effect immediately upon such conviction becoming final. "DIVISION 3. GENERAL "Sec. 22-314 Authority to Enforce A person authorized by the city to administer the proce- dures authorized by this Article may enter private property for the purposes specified in the procedures of the Texas Litter Abatement Act to examine a vehicle, obtain information as to the identity of the vehicle, and remove or cause the removal of a vehicle that constitutes a nuisance. A Fort Worth Municipal Court may issue orders necessary to enforce the procedures of - this article. "Sec. 22-315 Effect of Article on Other Ordinances or Laws This Article does not affect any ordinance or law autho- rizing the immediate removal, as an obstruction to traffic, of a vehicle left on public property. " SECTION 7 . This ordinance shall be cumulative of all provisions of ordi- nances and 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 8. 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 fine not more than RIn" FT. WORTH. Two Hundred Dollars ($200.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 9. All rights and remedies of the City of Fort Worth , Texas , are expressly saved as to any and all violations of the provisions of Chapter 22 or any other ordinances affecting junked or abandoned vehicles 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 10. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and penalty clause and effective date in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 1 1 . The City Secretary of the City of Fort Worth, Texas , is hereby directed to publish the caption and penalty clause of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas , as authorized by Art. 1176b-1 , Revised Civil Statutes of Texas . onIv, -13- SECTION 12. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: City Attorney Date: ADOPTED: EFFECTIVE: ord 2 OFFICIAL RECORD -14- CITY SEC17ETARY FT. 1YORTH, TEX.