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HomeMy WebLinkAbout26-6345 - City Council - ResolutionRESOLUTION 26-6345 A RESOLUTION ADOPTING A REVISED SCHEDULE OF STANDARD FINES FOR PARKING OFFENSES LISTED IN CHAPTER 10 OF THE FORT WORTH CITY CODE WHEREAS, Section 10-26(a) of the Code of the City of Fort Worth, Texas, provides that any person, firm, or corporation violating provisions related to stopping, standing, or parking of vehicles shall be fined in an amount not exceeding Two Hundred Dollars ($200.00) for each offense; and WHEREAS, Section 10-26(b) of the City Code authorizes the City Council to adopt by resolution a schedule of standard fines for parking offenses for persons who do not desire a hearing and wish to pay by mail or otherwise; and WHEREAS, the Municipal Court Department, in coordination with the City Attorney's Office, the Chief Judge, and Transportation and Public Works staff, conducted a comprehensive review of Chapter 10, Articles I and II of the City Code, resulting in updates to parking violation procedures, including modernization of adjudication processes and timeframes; and WHEREAS, staff recommends adoption of the revised schedule of standard parking fines shown in the updated parking fine schedule, which reflects updated fine amounts for all parking violations listed in the City Code; and WHEREAS, the updated parking fine schedule will become effective October 1, 2026. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: 1. The revised schedule of standard fine amounts for parking offenses, as set forth in the updated parking fine schedule, is hereby adopted and will be effective October 1, 2026: Pal ko Pi. 3tacp+,i e^ 5tantll Aryti nr 550 55 SS SS $Y 575 5SOD Pt JSS 55 5170 $25 Sas I'll Parleq i_clnQ'r7hC S35 Si % S5 S3 S50 SIS Sr PO4 M1L; SA,7rllKbcillCledRs<N10t 533 55 53 55 55 5'+0 525 550 SI3 Par lark r a It lanrtta F 5300 5.5 53 SISS FOd Ila Flat -5s— Sd0 f! SS 55 SIS S29 $1W PEI Pa+NrIM[TC 4saute3 yw Sio 55 .55 Si SS 55 S5 555 $55 525 375 Sao S9n PIG 00" ParYCd+ni}L:ahlctt505:[ :::--: PII 57.GD 55 53 55 5115 SW 5365 It" Itir1rd In tmatMde lard 110 $5 $1 55 5 525 51710 1'13 Parlr2 !-flea W whin IS Pccc d ails H 1hard 5IC3 $5 55 55 5120 525 5145 PSs 55 $5 55 5175 525 _H5 P17 1.4-t '-j1 __ 515 5.5 55 55 SW 535 ST P13 Parsed 3>f ledeRiivn tbacwE 555 35 15 S5 390 52 375 P20 Pa,krdvcn.OronStrect/crssthan16FrrtBchAraµahlc 5.13 53 5.5 $5 S50 $25 575 P71 Bal�dFeelel im 7aerle�eCl 535 Si I SS 55 _0 525 $n PR PastLrdte cn�'3 !c Sts S5 59 5-5 S59 535 5T: 025 1 ,odedCOMMOMotillas "Unerr.LI1+Wlrt 30 is ss ss 51101 f2! 1120 PN ParYsa .r Arcs 535 ss • 51 SS SW 575 5Ta PSI Parled191eppeldfish Ca"rNer[YY11Mh1[IC in CIZ $55 $5 $5 $11111 550 $25 375 132 GLct•:nM Ctl+nmrr_. 11-CfliJc rr. � PLti t '_:rc_ SI+7] 5.5 : 55 55 5215 550 S2 FM Parlled 71id VCOMIt iStc a< hb1C YMCc5I in $5 55 S5 MO S2S Pat, 535 53 55 5.5 5.50 $25 511 F3T Sap. Spud or Park Prphama In C r i P44'. i 1111 33 s$ Sib $51 US !3A Parlre a_ - ... $35 $5 : 55 $5 550 535 Sm P10 SUlln{Ra0ft YYSMSefdlE 536 $5 53 Ss sso 535 n P44 FIA W:-.SL+r PRrwr Rccrat. I rc $45 $5 55 $5 555 $25 SWl 143 tomded __tare U" 525 SS i4 SS 550 5!5 SiYS 115 S1'. -a. hand cr P;Y 535 SS 55 55 $50 Sri 5=s P43 Pdii Fameda ftme a PvMaee OMreraF $35 $5 5s Si $70 $75 Pal C W -'-' V13Ict 7ue 5 U+vtr corn cN lintcII 515 . 53 53 55 530 _ 57.5 57'5. h111 PSrtadedlrlalide 1o5w1.1eLillt as $5 155 Islas S5 55 $50 5120 575 $11 514$ A;a taw Aw#y wanr Ol1 Zhnc S ; . 55 2. The late fee for parking violations shall continue to be assessed after twenty-one (21) days as follows: a. $25.00 for fines totaling $119.99 or less; b. $50.00 for fines totaling $120.00 or more; and 3. The fines and late fees set forth herein shall remain in effect until amended by subsequent resolution of the City Council; and 4. This resolution shall be effective October 1, 2026. Adopted this August 11, 2026. ATTEST: By: Jannette S. Goodall, City Secretary CHAPTER 10: COURTS Article I. In General 10-1 Municipal court of record established; divisions; jurisdiction 10-2 Ad -hoe rinnpal courts adviso.y committee f the Council, eOther relationships prohibited 10-3 Judges; chief judge; chief prosecutor 10-4 Creation of a department of municipal court services; creation of the office of director of municipal court services; duties of director of municipal court services; creation of the office of clerk of the municipal courts 10-5 Fines bureau 10-6 City marshal 10-7 Special expense applicable to certain dismissed cases 10-8 Local consolidated fee Municipal court building security fund; security fee to be collected as a cost ofcourt 10-9 Collection contracts Municipal court technology fund; technology fee to be collected as a cost f court 10 9.1 Collection contracts 10-10 Court costs for parking violations Fee for record on appeal 4-0 I1 Juvenile case manager fund and fee 10 12 Court costs for parking violations 10-114-10-15 Reserved Article II. Parking Violations Bureau 10-16 Parking violations bureau created 10-17 Hearing officers; powers, duties and functions 10-18 Parking citations 10-19 Presumption of ownership; exceptions to vehicle owner liability 10-20 Hearings; contest parking citation online and via mail 10-21 Appeal 10-22 Enforcement 10-23 Procedures for immobilization and/or impoundment 10-24 Boot removal 10-25 Boot hearing 10-26 Fines and fees 10-27 Certain conduct unlawful Article I. In General § 10-1 Municipal Court of Record Established; Divisions; Jurisdiction (a) Within the municipal court system established and created for the City of Fort Worth in accordance with the terms, provisions, powers, duties and limitations set forth in Tex. Government Code Title 2 and in Chapter VII of the Charter of the City of Fort Worth, there is hereby created, established and designated a unified municipal court of record to be known as the "municipal court of record in the City of Fort Worth" with divisions as established by the City Council. nine divisions to be known as Division No. 1, Division No. 2, Division Na. 3, DviA:^" No. 1, Division Na. 5, D",is, n No 6., Division No :7, Division No. 8 and Divisio.. No. 9. (b) Each division of the municipal court of record in the City of Fort Worth shall have and exercise concurrent jurisdiction with the other divisions thereof. (c) The municipal court of record in the City of Fort Worth shall have and exercise such jurisdiction as is granted by the Charter and ordinances of the City of Fort Worth and by any laws of this state, including, but not limited to, general jurisdiction provided by Tex. Government Code Chapter 30, that may now exist or may hereafter be passed by the legislature of this state regulating or increasing the jurisdiction of the municipal courts in cities of the grade and size of the City of Fort Worth. (d) In addition to other jurisdiction provided for herein and in accordance with Tex. Government Code Section 30.00005(c), the Fort Worth City Council by ordinance hereby provides that the municipal court of record in the City of Fort Worth has concurrent jurisdiction with a justice court in any precinct in which the City of Fort Worth is located in criminal cases that arise within the territorial limits of the city and that are punishable only by fine. (e) In addition to other jurisdiction provided for herein and in accordance with Tex. Government Code Section 30.00005(d), the Fort Worth city council by ordinance hereby provides that the municipal court of record in the City of Fort Worth has: (1) Civil jurisdiction for the purpose of enforcing municipal ordinances enacted under Tex. Local Government Code Chapter 214, Subchapter A or Tex. Transportation Code Chapter 683, Subchapter E; (2) Concurrent jurisdiction with a district court or a county court at law under Tex. Local Government Code Chapter 54, Subchapter B within the city's territorial limits and over property owned by the city located in the city's extraterritorial jurisdiction for the purpose of enforcing health and safety and nuisance abatement ordinances; and (3) Authority to issue: a. Search warrants for the purpose of investigating a health and safety or nuisance abatement ordinance violation; and b. Seizure warrants for the purpose of securing, removing or demolishing the offending property and removing the debris from the premises. § 10-2 Ad Hoc 11unicipal Courts Advisory Committee of The Council, Other Relationships Prohibited (a) An ad hoc municipal court advisory Commit shall ;tablishcd to ,. ct as nccdcd to act as the liaison between 2w r.�unizipal court judges and the ci+,. council and make recomrnz atie f s to the c:+„ council in al regarding 1 rt '�'l.e .,d h, adv ittec 1 st f .,,,embo f tl,e c:+,. rin rtt2r�nricljmrC-6 Svr�C-6xixxirrccc. council appointed in accordance with the c:ty council rules of procedure. (4) Except as herein provided and by way of reinforcing the provisions contained in Section 2-236 through 2-239.1 (Code of Ethics) of this code, it is hereby declared unlawful for any officer or employee of the city to be involved, directly or indirectly, in the defense of any person charged with the violation of an ordinance of the city or a criminal law of the state in or before the municipal courts of the city, except to give evidence in open court. § 10-3 Judges; Chief Judge; Chief Prosecutor (a) Municipal court judges shall be selected and appointed or reappointed according to state law for a term of A.- 1 1 F 10,.0.1 Tl,o .,,.,..,;,,4 „.0„♦ „« «o.,,„,,,;,,+„,o„+ „V judges shall be for a term of two years, commencing Anril 1 of odd -numbered years. from the date of their appointment or reappointment Appointment and reappointment and shall be initiated upon the recommendations of the chief judge. _concurred in by the municipal court advisory committee. (b) The city council shall appoint one of the municipal judges as chief judge. The chief judge shall have all of the powers and duties of a presiding judge as set forth in this subsection (b), and in addition, those cited in the Uniform Municipal Courts of Record Act, as amended by the city court of record statute. The chief judge shall: (1) Maintain administrative oversight of the municipal judges; (2) Establish work rules for the administration of the municipal courts, including establishing rules for maintaining uniformity in procedures in the municipal courts; (3) Establish work hours for each municipal judge, including the hours during which each judge shall be present in the office and on the bench; (4) Call periodic meetings of all municipal court judges and substitute judges to review the procedures which establish uniformity of procedures in the court system, and to discuss any other issues of importance for the administration of the municipal court; (5) Schedule and approve vacation and other absences for each municipal judge; (6) Assign the duties and schedules of each municipal judge, including assigning judges or substitute judges to exchange benches and to act for each other in a proceeding pending in a court, if necessary, for the expeditious disposition of business in the courts; (7) Assign municipal judges to classes and courses on an as needed basis; (8) Provide annual quarterly case adjudication judicial performance and activity reports for each municipal judge to the City Council Ad Hoc Municipal Courts Committee; (9) Establish a Court Security Committee, which shall have all of the powers and duties as codified in the Uniform Municipal Courts of Record Act: (10) (9 -Receive and investigate, as needed, judicial complaints and forward the result of any investigation to Ad Hoc Municipal Courts Advisor, Committee the City Council: and (11) (}Conduct annual performance evaluations of municipal judges twice -during each year of the municipal judge's term, and forward the evaluations to the Ad ue,, Municipal Courts Advisory Committee cjty Council for review after each evaluation is performed at the time of reappointment. (c) The eCity-Council shall appoint one of the municipal judges as deputy chief judge. The appointment of the deputy chief judge shall be recommended by the chief judge. to the Ad Hoc Municipal your Advisory Committee (Committee). If approved by the Committee Upon recommendation by the chief fudge, the recommendation shall be placed on the City Council's agenda for consideration and approval. In the absence of or as delegated by the chief iudge, the deputy chief judge shall have all of the powers and duties of a presiding judge as set forth in this -subsection 10.3(b)(e), and in addition, those cited in the Uniform Municipal Courts of Record Act codified as Chapter 30 of the Texas Government Code, as amended by the city court of record statute. Additionally, Tthe deputy chief judge shall: (1) Assist the Chief Judge in supervising judicial staff, which includes prioritizing and assigning work; conducting performance evaluations; maintaining a healthy and safe working environment; and, making hiring, termination, and disciplinary recommendations; (2) Assist in managing all administrative judicial services and activities. Recommends and administers policies and procedures; and prepares docketing calendars for jury courts and the Attorney plea docket as assigned by the Chief Judge; (3) Participate in evaluating the efficiency and effectiveness of judicial court service delivery methods and procedures; court methods and procedures; (5) Presides over jury and non jury trials; and instructs jury panel regarding applicable laws, procedures and sentences or fines if offender is convicted; (6) Reviews new laws, major court decisions and other pertinent information relevant to the revision of Court procedures and operations; (7) Assists in explaining, justifying, and defending Municipal Court programs, policies and activities; and negotiating and resolving sensitive and controversial issues; (8) Issues search and arrest warrants; sets and forfeits bail for Class C misdemeanors falling under municipal court jurisdiction; and sets bail for felonies and misdemeanors; (9) Processes alias and capias warrant queues, administrative dockets, cash dockets and miscellaneous dockets; (10) Performs other related duties as required and assigned by the Chief Judge; and (11) Adheres to assigned work schedule as outlined in the Department and City attendance policies and procedures; ensures all behaviors comply with the City's Personnel Rules and Regulations. (d) In order to coordinate the prosecution of all cases in the municipal courts and appeals taken therefrom, the city attorney shall designate one of the assistant city attorneys as chief prosecutor. (e) Judges shall be exempt from the dismissal, suspension and demotion sections in Chanter 2. Article V of the Fort Worth City Code. § 10-4 Creation of a Department of Municipal Court Services; Creation of the Office of Director of Municipal Court Services; Duties of Director of Municipal Court Services; Creation of the Office of Clerk of the Municipal Courts (a) A department of municipal court services is hereby established. It shall embrace all personnel and activities of the municipal court system except: (1) The judges who are directly under the cognizance of the city council; (2) The assistant city attorneys assigned duties as prosecutors who are members of the department of law and under the cognizance of the city attorney; and (3) Ti official court reporter or reporterG who are under the cognizance of the chief judge; (3) (4}The director coordinator of the teen court program who shall be under the cognizance of the chief judge_; and (5) Flash other- eoui4 of system fi g'jh other court or system funotioaiv:who are or may be members of other departments and are either f orari'r,or permanently aigned dutieG within or a'art of the municipal court. (b) There is hereby created the position of director of municipal court services. The director of municipal court services shall be the head and supervisor of the department of municipal court services; shall be subject to appointment and removal by the city manager; and shall be paid a salary established in accordance with the compensation plan of the city. (c) The director of municipal court services, subject to the provisions of this section, shall have the power to appoint, employ and remove such officers, assistants, employees and personnel as such director may deem necessary for the efficient administration of the department of municipal court services and to prescribe and fix their duties, scope of authority and qualifications. (d) The director of municipal court services shall be responsible for the administrative functions of the municipal court system, which shall include responsibility to assure the system functions within and in consonance with personnel and other procedures governing the operation of all other city departments generally as promulgated by the city manager and shall specifically include all of the fiscal affairs of the municipal courts. The director of municipal court services shall submit annually to the city manager a budget estimate of the revenues of the municipal courts and the expenses of conducting the affairs thereof for the ensuing fiscal year. (e) Within the municipal court system and under the general supervision of the director of municipal court services there is hereby created the office of clerk of the municipal courts. The clerk of the municipal courts shall be appointed by the city manager with the consent of the city council and shall perform all duties in accordance with state statutes, the City Charter and city ordinances. § 10-5 Fines Bureau There is hereby established for the municipal courts system a bureau for the payment of fines. This division shall be known as "fines bureau." A bw-m.0 e erk shall be appointed by the clerk of+l,e rsunk pal courts, together with such dep`ltiraz av ma- be deemed necessary. &eh A bureau clerk shall be under the direction and control of the clerk of the municipal courts. The city council shall prescribe the amount of the official fidelity bond that the bureau e1ark ahall execute in favor of the city. The pronium of such thall do cd by the city. The bureau clerk shall be a duly qualified notary public. § 10-6 City Marshal. (a) There is hereby created a position of city marshal for the municipal court system, who shall also appoint such deputies as are authorized from time to time. The city marshal or his or her deputies shall meet all qualifications necessary to be certified as peace officers by the Texas Commission on Claw Eenforcement officer standards and education; however, the city marshal and his or her deputies shall not be considered as "police officers 1" as that term is defined in Chanter 143 of the Texas Local Government Code. Revised Civil Statutes Article 1269m (b) The city marshal and his or her deputies, acting under the direction of the Director of Municipal Court Services, shall perform the following duties: (1) Execute warrants of arrest, subpoenas and other legal process issuing out of the municipal courts; and (2) Execute other warrants of arrest, subpoenas and legal process as determined by the municipal court clerk or deputy court clerk; and: (3) Ensure the security of municipal facilities, including City Hall, municipal courtrooms, and other assigned locations, by providing and coordinating bailiff services. (c) The city marshal and his or her deputies shall serve as peace officers and have full police authority in the exercise of their assigned duties, as assigned by the Director. (d) The city marshal and hia or , they are e- ar in t cxv? � ce.d his or her deputies are paid law eorcement officers for the puose of quali'ing ZJf1 ivor'3 a i taaee benefits under the provisions of Tex. Revised Civil Statutes Article , as amended. § 10-7 Special Expense Applicable to Certain Dismissed Cases Puxwawk to Tex Code of Cirkininal Procedure Articles les 45.0511 and 45.052, A a municipal court is authorized to collect a special expense for services performed in cases in which the laws of this state require that the case be dismissed because of actions by or on behalf of the defendant which were subsequent to the date of the alleged offense. Such actions and fees are limited to compliance with the provisions of the Texas Transportation Code Chapters 502, 504, 521, 547, and 548. Sections 513.111 through 513.116. Such special expense shall not exceed the actual expenses incurred for the services or $10, whichever is less. § 10-8 Local Consolidated Fee (a) Pursuant to Chanter 134 of the Texas Local Government Code, as amended, the municipal clerk shall collect a local consolidated fee. (b) The local consolidated fee collected under this section must be deposited and allocated in accordance with Section 134.103(b) of the Texas Local Government Code as follows: (1) Municipal court building security fund. Funds may only be used for security personnel services, and ;+r ,e +., 1,,,;1.1;,,r a +1,n+ +1,0 .,,,ors+;.,,, .,f +1,0 ,,,,,,,,..,,,n1 ,.,,,,,+ A 1,+ .,f potential uses is included in Article 102.017(c) of the Texas Code of Criminal Procedure. (2) Local truancy prevention and diversion fund. Per Section 134.156 of the Texas Local Government Code. funds may only be used to finance the salary. benefits. training, travel expenses, office supplies. and other necessary expenses relating to the position of iuvenile case manager. Funds may not be used to supplement the income of an employee whose primary role is not as a iuvenile case manager. (3) Municipal court technologv fund. Funds may only be used to finance the purchase of or to maintain technological enhancements for a municipal court. A non -exhaustive list of potential uses is included in Article 102.0172(b) of the Texas Code of Criminal Procedure. (4) Municipal fury fund. Per Section 134.154 of the Texas Local Government Code, funds may only be used for furor reimbursement and to otherwise fund fury services. I -• Th rc it kefeby created a nlunicl (b) A defendantconvicted ax a trill for isdemea„,r offense iii municipal court Ahall pa,, $3 security fee as a cost of court. (e) F. purposes fd is sect;ox, a pcson r is considered convicted ;r: (, ) A sentence ; d ethe person; The person receives c omnmmrti J supervision, including defened adjudication; or (3) The court defers final disposition of the person's case. •() The eel clerk tha1.1 collect the security fee costa &nd pr, them to the city treasurer, for deposit in the municipal court building security fund. ) The niuniaV_! caurt building security fund may be used only to fmance the following itt; wt used for tlric r/'ise of providing security services for buildings housin.a Muflicipal court: T!Rc purchaseor repair of x ray "ies and conveying systems; ) &t keld metal detectors; (3 Walkthrough metal detectors; (4) Identification cards and systems; (5) Electronic locking and surveillance equipment; (6) Bailiffs, deputy sheriffs, deputy constables or contract security personnel during times when they are providing appropriate security services; (7) S (8) Confiscated ated weapon inventory and tracking systems; ,. 0no' (pees, c ai z ar ther security hardware (10) (t) The d z .11 be administered by the city manager ader the direction f the city council. 'lire is hereby created a mi e (b) A defendant convicted of a misdemeanor offense ax rsuni pal court .hall pay a en security fee as acost of court. (o) For purposes of this section, a person is considered convicted if: (,) A sentence i2 id on the person; (2) r!kq-pefI► tit pieces -en ►t1i«i+ supervision, including d d adjudication c:m:nu\xitysupervision;; of l . {d) "S11 rucipal court cl4c sal collect the costs and pay the funds to the city treasurer, for deposit in the municipal court technology fund. {c) ' h xmnie.ipall :\art technology fund may be used only to fmance —the purchase of technological enhancements for the municipal court, including: (1) Computer systems; (2) Computer networks; (3) Computer hardware; (4) Computer software; (5) Imaging ,stems; (6) Electronic kiosks; (7) Electronic ticket writers; and § 10-9 10- 9.1 Collection Contracts (a) Pursuant to Tex. Code of Criminal Procedure Article 103.0031, the addition of collection fees in the amount of 30% is hereby authorized on each debt or account receivable, such as fines, fees, restitution and other debts or costs, (other than forfeited bonds) that is ordered to be paid by the municipal court or by a city hearing officer appointed under Tex. Transportation Code Chapter 682 and that is more than 60 days past due and that has been referred to an attorney or vendor for collection. (b) A defendant is not liable for the collection fees under subsection (a) above if the court or hearing officer of original jurisdiction has determined the defendant is indigent, or has insufficient resources or income or is otherwise unable to pay all or part of the underlying fine or costs. There is hereby established a lc4c'zord preparation fee in the amount of $25 pr ian o Tex. Government Code Section 30.00011(f), as amended. This fee does not include the fee the defendan -tha11 pad, for the actual transcript of the proceedings. The clerk shall note the payment of the fee on the docket of the court. In the event that the case is reversed on C oal, the fee shall be refunded to the defendant. la kk accordance with Tex Code ofCiriMiffa1?lax. , there is hereby created ajuvenile ease manager fund ("fund") to bc'a parate fund in the city treasury administered under the direction of the Tort \Vorth city council and to be used only to fmance the salary and benefits ofajuvenile case manager employed in accordance with Tex Code ofCr inL Procedure A..Ficle 15.056. (b) (1) A defendant who is convicted of a fine only misdemeanor offense kx r ie.ipal c a l pcdy ajuvenile case manager fee ("fee") of $ a' a cost of court for each convicted offense. erso ( r/.a poses -&f ti pro :1Gioi�, a rson is consideredconvicted if Th person receives deferred disposition,' C'imknal ikocedure fticle 15.052 or 15.053. (e) A judge in the municipal ocurt izj waive The clerk of the court shall collect the fee and pay it to the official who discharges the duties commonly delegated to the nuicial treasurer for deposit in the fund. � §* 10-120 Court Costs for Parking Violations (a) A $5.00 court cost shall be assessed on all parking violations in accordance with Article 102.014 of the Texas Code of Criminal Procedure. (b) The proceeds from the $5.00 court cost will be placed in the city's Child Safety Fund Account to be used only to operate a school crossing guard program, or in the absence of a school crossing guard program, for programs designed to enhance child safety, health, and nutrition in accordance with Article 102.014 of the Texas Code of Criminal Procedure. (c) A hearing examiner or judge in the municipal court may waive the court cost in cases of demonstrated financial hardship. (d) The clerk of the court shall collect the fee and pay it to the official who discharges the duties commonly delegated to the municipal treasurer for deposit in the fund. §§ 10-1110-15 Reserved Article II. Parking Violations Bureau § 10-16 Parking Violations Bureau Created There is hereby created a parking violations bureau in and for the City of Fort Worth which shall have original jurisdiction over cases involving violations of city ordinances relating to the parking, stopping or standing of vehicles as contained in Chapter 22 (Sections 22-155 through 22-240) of the code of the City of Fort Worth (62015), as amended. § 10-17 Hearing Officers; Powers, Duties and Functions (a) The parking violations bureau shall be composed of one or more hearing officers who shall be appointed by the city council for terms of two 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. § 10-18 Parking Citations (a) (4) 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. (b) (2) Consistent with the provisions of this section and with state law, the city manager is authorized to establish, under the direction of the Director of the Transportation and Public Works Department or their authorized designee 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 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. (e -The citation shall provide that the registered vehicle owner or operator charged with a parking, stopping or standing offense shall have the right to an instanter hearing to determine the issue of liability for the charged offense. Such right to a hearing shall be exercised by appearing in person before a hearing officer within 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 calendar day shall be the last day to respond to a parking citation, and shall be known as the appearance date. fie,) (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. (f (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. § 10-19 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 hearing 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 motor vehicles 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 liable 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 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. § 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 hearing 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 maintained in the Harkins citation's docket history of the software utilized by the municipal court. filed with the clerk of the municipal court. All such orders thaM be kept in a separate index or file by the municipal court ei th uz.rg vlate data processing techniques. (f) Failure of the registered vehicle owner or operator charged with the offense to appear at the hearing within the aforesaid 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 under this Article. (h) The registered vehicle owner or operator charged with a parking, stopping or standing violation may contest the citation online within seven 21 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 (i) The registered vehicle owner or operator charged with a parking, stopping or standing violation may contest the citation via mail within 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. (j) 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 right to an instanter hearing before a hearing officer. § 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 noefundable administrative appeal filing fee in the amount of $10, 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 fmd 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 notice of appeal with the clerk of the municipal court. Said cash bond shall be in the amount of all fines, costs and fees assessed by the hearing officer. § 10-22 Enforcement (a) An order filed by a hearing officer under this article, or a final judgment of the municipal court after appeal, may be enforced by: (1) Impounding the vehicle; (2) Placing a device ("boot") that prohibits the movement of a motor vehicle on the vehicle that is the subject of the order filed; (3) An additional fine if not paid within the specified time; (4) Denial of parking permits; or (5) Refusing to allow the registrations of the vehicle as provided by applicable state law. (b) Provided, however, that no vehicle shall be impounded or immobilized under this article unless: (1) The offender has three or more delinquent unpaid citations; and (2) Written notice is mailed to the registered owner of the vehicle at least 14 days before the vehicle is impounded or immobilized, said notice to inform the registered owner of the vehicle's eligibility of immobilization or impoundment. Said notice shall also inform the owner of his or her right to submit information to the hearing officer regarding the propriety of the immobilization or impoundment of the vehicle. § 10-23 Procedures for Immobilization and/or Impoundment (a) When a vehicle is found parked, whether legally or illegally, at any time upon a public street or public property in the city, and such vehicle has met the criteria for immobilization or impoundment as provided in Section 10-22(b), any authorized parking enforcement agent of the city may immobilize the vehicle by the installation on or attachment to the vehicle of a device, or boot, designed to restrict the normal movement of the vehicle. In the alternative, such vehicle may be towed and impounded, provided that the towing and impoundment is authorized at the direction of a peace officer. (b) At the time of immobilization, the authorized parking enforcement agent shall also conspicuously attach to the vehicle a written notice on a form provided by the Ceity, said notice to contain the following information: (1) Notice that the vehicle has been immobilized pursuant to this article, and that attempted movement may cause damage to the vehicle; (2) That release of the vehicle may be obtained at a designated place; (3) The date and time of the boot installation: (4) The fee amount for boot removal. (5) The authorized parkins enforcement agent's comoanv name, address, and phone number. including a 24 - hour contact: (6) O That there is a right to a hearing regarding the immobilization; and (7) (4) That the vehicle may be towed and impounded after a designated period of time. (c) Any vehicle which remains immobilized after 6:00 p.m. may be towed and impounded. (d) In the event that a vehicle is towed and impounded, the owner thereof shall be responsible for payment of applicable fees for towing, impoundment and storage in addition to the fines, costs and fees provided for herein. Towed vehicles that are not redeemed within 30 days shall be subject to disposition in the manner provided by Chapter 22 of this code. (e) This section is to be cumulative of existing law, and nothing herein shall be construed to restrict or limit the right to tow and impound vehicles under other applicable law. § 10-24 Boot Removal (a) The registered owner of an immobilized or impounded vehicle, or other authorized person, may secure the release of the vehicle upon: (1) Payment of the amount of the fine and late fees, if any, for each delinquent parking citation plus the applicable boot fee and/or towing and storage fees; or (2) The posting of a cash bond in the amount of such fines, late fees, boot fees and/or towing and storage fees to ensure appearance at the boot hearing. (b) Any authorized parkins enforcement agent responsible for installation of a boot on a vehicle shall remove the boot not later than one hour after the time the owner or operator of the vehicle satisfies the requirements of Section 10-24 (a) and requests removal of the boot. (c) (4) Payment of the fines, late fees, boot fee and any towing and storage fees shall constitute a waiver of the right to contest such fines and fees. § 10-25 Boot Hearing (a) The registered owner of an immobilized or impounded vehicle shall have the right to a prompt post - immobilization hearing ("boot hearing") before the hearing officer. (b) The request for a boot hearing shall be made in writing on a form supplied by the Ceity. (c) The boot hearing shall be held within 48 hours following the written request therefor, excluding Saturdays, convenient and reasonable place as the hearing officer may direct. (d) The issue to be determined at the boot hearing is whether the immobilization was authorized by law. (e) The immobilization of a vehicle is valid if it complies with the requirements of this Aarticle, unless the registered owner can establish: (1) That he or she was not the registered owner or the operator of the vehicle at the times in question; or (2) That he or she did not receive notice as required by law. (f) The determination of the hearing officer at the boot hearing is final and shall not be subject to appeal. § 10-26 Fines and Fees (a) 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 $200 for each offense, the amount to be determined by the hearing officer in his or her reasonable discretion, subject to review or appeal to the municipal court. (b) Any Person found liable of a civil parking, stopping and standing violation shall be reauired to pay a municipal court civil technologv fee in an amount set by the City Council. The clerk of the court shall collect the fee and nay it to the official who discharges the duties commonly delegated to the municipal treasurer for deposit in a special revenue fund project designated for municipal court civil technology. This special revenue fund project will be separate and distinct from the municipal court technologv fund project. (c) Any Person found liable of a civil parking, stopping and standing violation shall be reauired to nay a municipal court civil security fee in an amount set by the City Council. The clerk of the court shall collect the fee and nay it to the official who discharges the duties commonly delegated to the municipal treasurer for deposit in a special revenue fund project designated for municipal court civil security. This special revenue fund project will be separate and distinct from the municipal court security fund project. (d) (b) The city council may, by resolution, adopt a schedule of standard fines for various parking offenses. Such standard fines shall be the amount to be paid and accepted by those persons who do not desire a hearing and wish to pay the fines by mail or otherwise. (e) (e) The boot fee shall be in an amount set by the City Council $59, except that the fee shall be waived, excluding any associated fees, if the authorized parking enforcement agent fails to have the boot removed within the time prescribed by Section 10-24 (b). Charges for towing and/or storage of impounded vehicles shall be as provided by the law applicable to abandoned vehicles. (f) (4) All fines, costs and fees shall be deposited in the proper account of the general fund of the city, unless otherwise directed by resolution of the city council. § 10-27 Certain Conduct Unlawful (a) It shall be unlawful for any person, other than an officer or employee of the city acting in the course and scope of his or her duties under this article, to remove or attempt to remove or to tamper in any manner with an immobilization device (boot) installed on any vehicle pursuant to this article. (b) It shall be unlawful for any person, except under the direction of a peace officer, to tow or move or to cause to be towed or moved any vehicle on which a boot is then installed pursuant to this article from the place where it was booted. (c) It shall be unlawful for any person, other than an officer or employee of the city acting in the course and scope of his or her duties or the owner or operator of a booted vehicle, to remove or relocate any notice placed upon a booted vehicle under Section 10-23(b) of this code. (d) Any offense under this section shall be a criminal offense punishable upon conviction by a fine not to exceed $500.00. To the extent that any conduct declared to be unlawful under this section also constitutes a violation of any valid and applicable state law, then it shall be punishable as provided by state law. FORT WORTH. MAYOR AND COUNCIL COMMUNICATION 7.1.40 ORDINANCE AMENDING CITY CODE CHAPTER 10 COURTS- ARTICLES I & II DATE: 08/11/26 M&C FILE NUMBER: M&C 26-0716 DEPARTMENT: MUNICIPAL COURT SUBJECT (ALL) Adopt Ordinance Repealing and Restating Chapter 10, "Courts," Article I "In General" and Article II "Parking Violations Bureau," of the Fort Worth City Code to Update Organizational Structure, Operational Processes, Judicial Provisions, State -Law Compliance Requirements, and Parking Violation Procedures, to Add Civil Security and Technology Fees; to Increase the Boot Fee, to Implement Related Clean -Up and Modernization Changes, and Adopt Resolution Approving a Revised Schedule of Standard Fine Amounts for Parking Offenses Listed in the City Code RECOMMENDATION 1. It is recommended that the City Council adopt the attached ordinance repealing and restating Chapter 10, "Courts," Article I "In General," and Article II "Parking Violations Bureau," of the Fort Worth City Code to update organizational structure, operational processes, judicial provisions, state -law compliance requirements, and parking violation procedures; to add Civil Security and Technology Fees, to increase the Boot Fee, to implement related clean-up and modernization changes. 2. It is recommended that the City Council adopt the attached resolution approving a revised schedule of standard fine amounts for parking offenses listed in the City Code. DISCUSSION Over the past year, the Municipal Court Department, in coordination with the City Attorney's Office, the Chief Judge, and staff from the Transportation and Public Works Department, conducted a comprehensive review of Chapter 10, Articles I and II of the Fort Worth City Code. This review evaluated statutory compliance, operational practices, internal processes, administrative structure, and opportunities for modernization. The proposed amendments modernize judicial administration, streamline parking violation adjudication, correct outdated statutory references, and ensure fee structures align with operational needs. The proposed amendments would be effective immediately upon approval by City Council with exception of the Civil Security Fee, Civil Technology Fee, the increased boot fee, and the attached Parking Fines resolution which would become effective October 1, 2026. The amendments fall into five primary categories: 1 of 3 FORT WORTH. 1. Organizational Changes - These updates strengthen governance and accountability by replacing obsolete committee structures, clarifying judicial appointment cycles, establishing the Court Security Committee required by state law, and requiring annual judicial reporting and performance evaluations. 2. Operational Changes - Operational updates include reducing the number of Municipal Court divisions from nine to six, clarifying the Chief Judge's administrative responsibilities, modernizing City Marshal security authority, and removing outdated statutory references throughout Article I. 3. State -Law -Driven and Cleanup Changes - Major cleanup items include replacing outdated fee structures with the statutorily mandated Local Consolidated Fee, removing obsolete fee sections (Fee for Record on Appeal and Juvenile Case Manager Fee), updating terminology to reflect modern statutes, and renumbering multiple sections for clarity. 4. Parking Violations Bureau Amendments - Amendments to Article II improve parking citation processes by extending the online contest period to 21 days, expanding boot notice requirements, and reassigning oversight of the accessible parking volunteer enforcement program to the Director of Transportation and Public Works. 5. Staff -Initiated Fee Amendments - To support security and technology needs, the ordinance introduces a Civil Security Fee and Civil Technology Fee assessed per parking violation and increases the fee assessed when a vehicle is booted. The fee amounts are incorporated in the upcoming fee ordinance, effective October 1, 2026. The attached resolution for Parking Fines illustrates the total amount, inclusive of the new civil fees. This resolution would also become effective October 1, 2026. On Tuesday, August 4th, the Legislative and Intergovernmental Affairs Committee met to review the proposed amendments to Chapter 10 and the revised schedule of standard parking fine amounts, and the Committee approved forwarding both items to the City Council for consideration. This M&C does not request approval of a contract with a business entity. This serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CERTIFICATION The Director of Finance certifies that approval of this recommendation will have no material effect on City funds. SUBMITTED FOR CITY MANAGER'S OFFICE BY: William M. Johnson, # 5806 ORIGINATING BUSINESS UNIT HEAD: William F. Rumuly, # 6736 2 of 3 FORT WORTH. ADDITIONAL INFORMATION CONTACT: Amarna Muhammad, #7765 ATTACHMENTS 1. ORDINANCE Chapter 10 [7.1.40.1 - 16 pages] 2. BLACKLINE Chapter 10 [7.1.40.3 - 12 pages] 3. New Parking Fines Resolution [7.1.40.4 - 2 pages] 3 of 3 RESOLUTION 26-6346 STATEMENT EXPRESSING OFFICIAL INTENT TO REIMBURSE EXPENDITURES WITH PROCEEDS OF FUTURE DEBT FOR THE SEWER MAIN M -244A REPLACEMENT - NORTH OF DIVISION WHEREAS, the City of Fort Worth, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; and WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction for the Sewer Main M -244A Replacement — North of Division Project (the "Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds; and WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of Section 1.150-2 of the Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS THAT: 1. The City reasonably expects debt, as one or more series of obligations, may be issued or incurred by the City with an aggregate maximum principal amount not to exceed $2,500,000.00 for the purpose of paying the aggregate costs of the Project. 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. 3. The foregoing notwithstanding, no obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. 4. This resolution shall be effective from and after its passage by the City Council. Adopted this August 11, 2026. ATTEST: By: Jannette S. Goodall, City Secretary