HomeMy WebLinkAboutOrdinance 21854-09-2015 ORDINANCE NO.21854-09-2015
AN ORDINANCE AMENDING CHAPTER 22 "MOTOR VEHICLES AND
TRAFFIC," ARTICLE I "IN GENERAL," SECTION 22-1
"DEFINITIONS" OF THE CODE OF THE CITY OF FORT WORTH,
TEXAS (2015), AS AMENDED, BY AMENDING THE DEFINITION OF
"JUNKED VEHICLE"; AND CHAPTER 22 "MOTOR VEHICLES AND
TRAFFIC," ARTICLE IX "ABANDONED AND JUNKED VEHICLES,"
DIVISION 2 "JUNKED VEHICLES," SECTION 22-303.1 "MEANING OF
THE TERMS, `INOPERABLE,' `WRECKED,' AND `DISMANTLED OR
PARTIALLY DISMANTLED' WHEN USED IN THE DEFINITION OF
JUNKED VEHICLE" BY DELETING SUCH IN ITS ENTIRETY;
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; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Fort Worth ("City Council") declares that
junked vehicles are detrimental to the safety and welfare of the general public, tend to reduce the
value of private property, to invite vandalism, to create fire hazards, to constitute an attractive
nuisance that creates a hazard to the health and safety of minors, and are detrimental to the
economic welfare of the city by producing urban blight which is adverse to the maintenance and
continuing development of the city; and such vehicles are, therefore, declared to be a public
nuisance; and
WHEREAS, a statutory change enacted by the state legislature has eliminated the
issuance by the Texas Department of Public Safety of a separate annual safety and emissions
inspection sticker for motor vehicles. It is therefore necessary to revise the City's Junk Vehicle
Ordinance at Section 22-1 "Definitions" of the Code of the City of Fort Worth, which currently
requires a"state inspection sticker"; and
WHEREAS, the definitions in Section 22-303.1 "Meaning of the Terms, "Inoperable,"
"Wrecked," and "Dismantled or Partially Dismantled" When Used in the Definition of Junked
Vehicle" of the Code have proven to create problems with enforceability by Code Compliance
Officers. This is due to the practical difficulty imposed by those definitions which require
proving whether a particular junked vehicle "is not capable of passing a state motor vehicle
inspection" when Code Compliance Officers do not have the legal authority to subject a junked
vehicle to a state motor vehicle inspection;
NOW, THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH,TEXAS,THAT:
Ordinance No. 21854-09-2015
Page 1 of 3
SECTION 1.
Chapter 22 "Motor Vehicles and Traffic," Article I "In General," Section 22-1
"Definitions" of the Code of the City of Fort Worth is hereby amended to revise the definition of
"Junked Vehicle" as follows:
JUNKED VEHICLE.
(1) A vehicle that is self-propelled and:
a. Does not have lawfully attached to it an unexpired registration insignia (sticker) and
license plate; and
b. Is inoperable and has remained inoperable for more than 72 consecutive hours if the
vehicle is on public property, or for more than 20 consecutive days if the vehicle is on private
property.
(2) A vehicle that is self-propelled and is wrecked, dismantled or partially dismantled, and
has remained inoperable for more than 72 consecutive hours if the vehicle is on public property,
or for more than 20 consecutive days if the vehicle is on private property.
(3) The term JUNKED VEHICLE shall include any part of a junked vehicle or tarps or
covers thereon, that is visible at any time of the year from any private lot, tract or parcel of land,
occupied or unoccupied, improved or unimproved, other than the lot, tract or parcel of land on
which the vehicle, vehicle part, tarp or cover is located or from any public place or public-right-
of-way.
SECTION 2.
Chapter 22 "Motor Vehicles and Traffic," Article IX "Abandoned and Junked Vehicles,"
Division 2 "Junked Vehicles," Section 22-303.1 "Meaning of the Terms, "Inoperable,"
"Wrecked," and "Dismantled or Partially Dismantled" When Used in the Definition of Junked
Vehicle" of the Code of the City of Fort Worth is hereby deleted in its entirety.
SECTION 3.
This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of
Fort Worth, Texas, (1986), as amended, except where the provisions of this ordinance are in direct
conflict with the provisions of such ordinances and such Code, in which event conflicting provisions
of such ordinances and such Code are hereby repealed.
SECTION 4.
It is hereby declared to be the intention of the City Council that the phrases, clauses,
sentences, paragraphs and sections 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 Lind sections of this ordinance, since
Ordinance No.2 1 8 54-09-20 1 5
Page 2 of 3
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 5.
All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any
and all violations of the provisions of the Code of the City of Fort Worth, or any other
ordinances of the City, that have accrued at the time of the effective date of this ordinance; and,
as to such accrued violations and all pending litigation, both civil and criminal, whether pending
in court or not, under such ordinances, same shall not be affected by this ordinance, but may be
prosecuted until final disposition by the courts.
SECTION 6.
All other provisions of Chapter 22 of the Code of the City of Fort Worth, as amended,
shall remain in full force and effect, save and except as amended by this ordinance.
SECTION 7.
This ordinance shall take effect upon adoption and it is so ordained.
APPROVED AS TO FORM AND LEGALITY: ATTEST:
Arthur N. Bashor ary :l. ser°
Assistant City Attorney City Secretary
ADOPTED AND EFFECTIVE: September 1, 2015
Ordinance No. 21854-09-2015
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved on 9/1/2015 - Ordinance No. 21854-09-2015
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DATE: Tuesday, September 01, 2015 REFERENCE NO.: -18546
LOG NAME: 2323JUK VEHICLE ORDINANCE
SUBJECT:
Adopt Ordinance Amending ter 22 "Motor Vehicles and Traffic" of the City Code (201 5) to
Amend Section 2-1, "Definitions" to Revise the Definition for "Junked Vehicles" and Amen
Section -303.1, Titled "Meaning of the Terms, "I r I ," "Wrecked" and "Dismantled or
Partially Dismantled" When Used in the Definition of Junked Vehicle to Delete This Section in its
Entirety (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the i it adopt the attached ordinance amending Chapter 2
"Motor Vehicles and Traffic," of the i ( 1 ) to Amend Section -1, "Definitions" to
Revise the Definition for "Junked Vehicles" and Amend Section 22-303.1, Titled "Meaning of the
Terms, "Inoperable," "Wrecked" and "Dismantled r Partially Dismantled" when used in the
definition of Junked Vehicle to delete this Section in its entirety, to be consistent with state law;
require the junked vehicle to be inoperable and to remove references to a vehicle being capable
of passing a state motor vehicle inspection,,
DISCUSSION:
Staff proposes to amend Chapter 22 in response to a statutory change enacted by the State
Legislature that eliminated the separate annual safety and emissions inspection stickers for motor
vehicles in Texas. In order to be consistent with this legislative change, it is necessary to revise
the City's Junk Vehicle Ordinance at Section 22-1 - Definitions, which currently references and
requires a state inspection sticker. In this same section, to also proposes making it a
requirement of an offense for the junked vehicle inoperable. This would prevent Staff from
requiring the towing of a vehicle that may have involved in an accident, but is still operable
and being used as the owner's means of r in.
Staff proposes to eliminate the definitions in Section 22-303.1 - Meaning of the Terms,
"Inoperable," "Wrecked" and "Dismantled or Partially Dismantled" when used in the definition of
Junked Vehicle because, in r ci , it ry create problems with the enforceability of
the ordinance for Code Compliance Officers. This is e practical difficulty imposed by
those definitions which require proving whether a particular junked vehicle is not capable of
passing a state motor vehicle inspection o li Officers o not have the legal
authority to subject a junked vehicle a state motor vehicle inspection.
By approving this amendment to remove the reference to a valid motor vehicle inspection
certificate from the definition of Junked Vehicle, our Code will be consistent with the
aforementioned statutory change enacted by the Legislature. Also, amending the definition to
Log e: 2323JLNK VEHICLE ORDINANCE Page 1 of 2
require junked vehicles to be inoperable will avoid requiring the towing and removal of operable
vehicles that the owner may not have the funds to repair immediately, In addition, this
amendment will remove the definitions in Section 22-303.1 - Code Compliance Officers and
replacing those terms with the ordinary dictionary definition for the terms "Inoperable", "Wrecked"
and "Dismantled or Partially Dismantled", thus alleviating the difficulty of trying to prove the
vehicle is not capable of passing a state motor vehicle inspection.
FISCAL INFORMATION / CERTIFICATION:
The Financial Management Services Director certifies that this action will have no material effect
on City funds.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
CERTIFICATIONS:
Submitted for City Manager's Office by: Fernando Costa (6122)
Originating Department Head: Brandon Bennett (6345)
Additional Information Contact: Shannon Elder (632 6)
Log name: 2323 JUNK VEHICLE ORDINANCE Page 2 of 2