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HomeMy WebLinkAboutOrdinance 7923 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 26, "MOTOR VEHICLES AND TRAFFIC" OF THE CODE OF THE CITY OF FORT WORTH (1964) AS AMENDED BY AMENDING SUBSECTION (d) OF SECTION 26-123 THEREOF TO NO LONGER REQUIRE THAT IN ALL CASES A VEHICLE SHALL BE REMOVED WHEN A POLICE OFFICER ARRESTS ANY PERSON DRIVING OR IN CONTROL OF A VEHICLE FOR AN OFFENSE REQUIRING IMMEDIATE APPEARANCE BEFORE A MAGISTRATE; MAKING THIS ORDINANCE CUMULATIVE OF OTHER ORDINANCES AND PROVISIONS OF THE CITY CODE; REPEALING ALL ORDI- NANCES OR PROVISIONS OF THE CITY CODE IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE: AND NAMING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS: SECTION 1 . That Subsection (d) of Section 26-123, Impoundment of Vehicles Authorized, of Chapter 26, Motor Vehicles and Traffic, of the Code of the City of Fort Worth (1964) , as amended, by and is hereby amended so that the same shall hereafter be and read as follows: "(d) Any vehicle, or any other property, found on any public street or other public place under any circum- stances hereinafter set forth shall be deemed to be a nuisance per se, and may be removed :i.n the manner and to the place provided by this chapter (provided, how- ever, that such listed circumstances shall not be deemed exclusive or prohibit such removal in any cir- cumstances not listed) : "(I)When any vehicle or any other property con- stitutes an obstruction to traffic by being left unattended upon any bridge, viaduct, or causeway, or in any underpass or tunnel ; "(2)When any vehicle is illegally parked so as to block the entrance to any private driveway; "(3)When any vehicle is found upon a street, or highway, and information has been reported to the effect that such vehicle has been stolen or complaint has been filed and a warrant thereon issued charging that such vehicle has been embezzled; "(4)When there are reasonable grounds to believe that any vehicle has been abandoned; "(5)When a vehicle upon a street, or highway, is so disabled that its normal operation is im- possible or impractical and the person or per- sons in charge of the vehicle are incapacitated by reason of physical injury or other reasons to such an extent as to be unable to provide for its removal or custody, or are not in the immediate vicinity of the disabled vehicle; "(6)When a police officer arrests any person driving or in control of a vehicle for an alleged offense and such officer is by law required to take the person arrested immediately before a magistrate; "(7)When any vehicle is parked or standing in or on any portion of street, or highway, in such a manner that the vehicle constitutes a hazard, or interferes with a normal function of a governmental agency, or by reason of any catastrophe, emergency, or unusual circumstance the safe- ty of said vehicle is imperiled; and "(8)When any vehicle is stopped or standing or parked in a manner prohibited by Texas law or by this chapter, or when any vehicle is stopped or standing or parked in violation of any official si.gn or other traffic-control device where said sign or device gives notice of a tow-away zone." SECTION 2. That this ordinance shall be cumulative of all provisions of the Code of the City of Fort Worth (1964) , as amended, and all other ordinances of the City of Fort Worth, except in those instances where the provisions of this ordinance are in direct conflict with the provisions of such Code or other ordinances, in which instances said conflicting provisions of such Code or other ordinances are hereby repealed. SECTION 3. That 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 void, ineffective or unconstitutional by the valid judgement or final decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation herein of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. That this ordinance shall become effective and be in full force and effect from and after the date of its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: a I -L�-k. City Attor ey ADOPTED: EFFECTIVE: RICKS City of Fort Worth, 'rexas HERCHPRT Mayor and Council Communication RMUFF smaM4 DATE REFERENCE BJECT' PAGE NUMBER -Amendatent to Motor, VehIcle and Traffic Ordinance I of PETEAWjl 6/1,2,1 9 G-4197--- On Occasion a Police Officer n,mkes a lawful arrest of' as citizen who, a,r, the time of arrest, is in possession or control of a motor vehicle. When tAlis occurs, the City Code requires the vehicle to be "removed". This removal is done by having a wrecker take the car to the Auto Pound. If the arrested person cars recover the vehicle within twenty-four hours, the, ininimum recovery cost would be $37 ($30 tow charge, $5 impouridment lee, $2 storage fee) . There are many instances when the cAtizen would like the opportunity to secure the vehicle at a legally sanctioned pa.'rking s,pace, retain possession of the keys thereto and take care of bis busimess with the Police, thereby saving 'tile expense of recovering his vehicle from the Pound. Section 26-123 (d) of the Motor Vehicle and Traffic 0�rdinance readst, 11(d) Any vehicle, ar any ot,her prope!rty, found on any public street or other public place under any C1X.`(,UTT1- stances hereinafter set, forth shall be deemed to be a nuiswrice per, se, and shall' be removed in the manner and to the place provided by this chapter (prov,ided, however, that such listed circumst.ances shall, not. be deemed exclusive or, prohibit such remova] in any circumstances riot listed): 11(16) When a police officer arrests any person dr,iving or in control of a vehicle for ark alleged offense and sticl,a officer is by law required to take the person arrested immediately before a magistrate; In order to allow the arresting Officer the discretion, under the proper c irctims ta vices, to give an arrested citizen the choice of locking his vehicle and leaving it legally parked, or having it, towed to the Auto Pound, it will be necessary to change One word In Sut)section (d). rhis COUld be accomplished by deleting the word "shall" in line four (4) of Section 26-1,23 (d) of the City Code and substituting therefore the word "may". Recormnendatiion It is recommended that City Council arlopt the attached amendment to the Motor Vehicle and Traffic Ordinance. RLH:gg Attachment L DISPOSI'nO ly COUNCIL: PROCESSED BY CITY MANAGER'S OFFICE BY� AP I APPROVED ORIWNATINQ TIER (DES q RME) DEPARTMENT HEAD: Art,h�vvr Petersen CITY SECRETARY FOR ADDITIONAL INFO CONTACT. WiRr Petersen, Ext. 7600 DATE ..................