HomeMy WebLinkAbout26-28667 - City Council - OrdinanceORDINANCE 26-28667
AN ORDINANCE REPEALING AND RESTATING CHAPTER 10 "COURTS,"
ARTICLE I "IN GENERAL," AND ARTICLE II, "PARKING VIOLATIONS
BUREAU," OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (2015), AS
AMENDED, TO UPDATE ORGANIZATIONAL STRUCTURE, OPERATIONAL
PROCESSES, JUDICIAL PROVISIONS, AND PARKING VIOLATION PROCEDURES; TO
IMPLEMENT RELATED CLEAN-UP AND MODERNIZATION CHANGES; TO ADD
PROCEDURES RELATED TO IMMOBILIZATON AND IMPOUNDEMNT OF
VEHICLES ON PUBLIC PROPERTY; CONSOLIDATE FEE PROVISIONS; TO
REMOVE OTHER FEE PROVISIONS; ADD A CIVIL SECURITY FEE; ADD A
CIVIL TECHNOLOGY FEE; TO INCREASE THE IMMOBILIZATION REMOVAL
FEE; TO RESERVE SECTIONS 10-11-10-15; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND
REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY
CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY;
PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council finds it necessary to update the organizational structure, operational
processes, and implement related clean-up and modernization changes; and
WHEREAS, the City Council finds that certain state statutes authorize and regulate the
immobilization and impoundment of vehicles on public property, and the City intends to align its
practices accordingly; and
WHEREAS, the City Council finds that consolidating fee provisions into a single section
improves administrative clarity and accessibility for court users; 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:
SECTION 1.
Chapter 10 "Courts," Article I "In General," of the Code of the City of Fort Worth (2015), as
amended, is hereby repealed and restated in its entirety to be and read as follows:
CHAPTER 10: COURTS
Article I. In General
10-1 Municipal court of record established; divisions; jurisdiction
10-2 Other relationships prohibited
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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
10-9 Collection contracts
10-10 Court costs for parking violations
10-11-10-15 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
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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.
(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 Other Relationships Prohibited
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Except as herein provided and by way of reinforcing the provisions contained in Sections 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 two years, commencing April 1 of even- numbered years. The appointment or
reappointment of substitute judges shall be for a term of two years, commencing April 1 of
odd -numbered years. Appointment and reappointment shall be initiated upon the
recommendations of the chief judge.
(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. 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 judicial performance and activity reports for each municipal judge to the City
Council;
(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) Receive and investigate, as needed, judicial complaints and forward the result of any
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investigation to City Council; and
(11) Conduct annual performance evaluations of municipal judges during each year of the municipal
judge's term and forward the evaluations to the City Council for review at the time of
reappointment.
(c) The City 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. Upon
recommendation by the chief judge, 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 judge, the deputy chief judge shall have all of the powers and duties of a presiding
judge as set forth in Subsection 10-3(b), 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, the 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 as assigned by the
Chief Judge;
(3) Participate in evaluating the efficiency and effectiveness of judicial court service delivery methods
and procedures;
(4) Assist in monitoring and evaluating the quality, responsiveness, efficiency and effectiveness
of judicial court methods and procedures;
(5) Preside over jury and non jury trials, and instructs jury panel regarding applicable laws,
procedures and sentences or fines if the offender is convicted;
(6) Review new laws, major court decisions and other pertinent information relevant to the
revision of Court procedures and operations;
(7) Assist in explaining, justifying, and defending Municipal Court programs, policies and activities;
and negotiating and resolving sensitive and controversial issues;
(8) Issue 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) Process alias and capias warrant queues, administrative dockets, cash dockets and miscellaneous
dockets;
(10) Perform other related duties as required and assigned by the Chief Judge; and
(11) Adhere 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
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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 Chapter 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) The coordinator of the teen court program who shall be under the cognizance of the chief judge.
(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.
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§ 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 bureau clerk shall be under the direction and control of the
clerk of the municipal courts. 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 Law Enforcement; however, the city marshal and his or her deputies shall not be considered
"police officers" as that term is defined in Chapter 143 of the Texas Local Government Code.
(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;
(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.
§ 10-7 Special Expense Applicable to Certain Dismissed Cases.
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 are limited to compliance with the
provisions of the Texas Transportation Code, Chapters 502, 504, 521, 547, and 548. Such special expenses
shall not exceed the actual expenses incurred for the services or $10, whichever is less.
§ 10-8 Local Consolidated Fee.
(a) Pursuant to Chapter 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 items related to buildings that house the operation of municipal court. A non -exhaustive list
of potential uses included in Article 102.017(c) of the Texas Code of Criminal Procedure.
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(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 juvenile case
manager. Funds may not be used to supplement the income of an employee whose primary role
is not as a juvenile case manager.
(3) Municipal court technoloav 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 iury fund. Per Section 134.154 of the Texas Local Government Code, funds may
only be used for juror reimbursement and to otherwise fund jury services.
§ 10-9 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 above 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.
§ 10-10 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 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.
§§ 10-11-10-15 Reserved.
SECTION 2.
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Chapter 10 "Courts," Article II "Parking Violations Bureau," of the Code of the City of Fort
Worth (2015), as amended, is hereby repealed and restated in its entirety to be and read as follows:
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 (2015), 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) 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) Consistent with the provision 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, the accessible parking volunteer enforcement program, utilizing
volunteers to enforce the provisions of this code concerning disability parking.
(c) 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.
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(d) 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.
(e) 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) 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 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
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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 parking citation's docket history of the software utilized by the municipal
court.
(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 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 and evidence.
(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.
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§ 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, 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 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 registration 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.
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§ 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 agent shall also conspicuously attach to the vehicle a written
notice on a form provided by the City, 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 parking enforcement agent's company name, address, and phone number, including
a 24 -hour contact;
(6) That there is a right to a hearing regarding the immobilization; and
(7) 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
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storage fees to ensure appearance at the boot hearing.
(b) Any authorized parking 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) 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 city.
(c) The boot hearing shall be held within 48 hours following the written request therefor,
excluding Saturdays, Sundays and city holidays, at the A.D. Marshall Municipal Court
building, or at such other 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 Article,
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 required to
pay a municipal court civil technology fee in an amount set by the City Council. 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 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 technology fund project.
(c) Any person found liable of a civil parking, stopping and standing violation shall be required to
Ordinance No. 26-28667
Page 14 of 16
pay a municipal court civil security fee in an amount set by the City Council. 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 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) 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) The boot fee shall be in an amount set by the City Council, 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) 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. 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.
SECTION 3.
All violations of the Fort Worth City Code related to parking, standing, or stopping shall
be punishable by a fine not to exceed two hundred dollars ($200.00) for each violation. All
violations of Chapter 10, Article II, Section 10-27, of the Fort Worth City Code shall be punishable
by a fine not to exceed five hundred dollars ($500.00) for each violation. Each day a violation
occurs or continues to occur is a separate violation.
Ordinance No. 26-28667
Page 15 of 16
SECTION 4.
The City Secretary of the City of Fort Worth, Texas is hereby directed to publish the
caption, penalty provisions 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 Government Code,
Section 52.013.
SECTION 5.
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, 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 6.
This ordinance shall be in full force and effect following its adoption.
APPROVED AS TO FORM AND LEGALITY:
By:
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Amarna Muhammad,
Assistant City Attorney
ADOPTED: August 11.2026
EFFECTIVE: August 11, 2026
Jannette S. Goodall,
City Secretary
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Ordinance No. 26-28667
Page 16 of 16
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:
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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
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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]
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