Loading...
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 mNIIl00mOM000001@ wllpppppllllllll0110111Mlllllllllllllllmwlmw�'�IW,V,HbMmIIIIIIIIIIIIl000111101pIIp11p110 MN101pppNOwfwmIIIIIIIIIIIIpppppwlNMWwiww4WmlpppM�"1101mwIIIMMppp III ppllllllllpppppw! NmIIIIIYw'mlliW�4tlWm�NIW0011011111111111pIIllpppppppNm M�IwwmIIImIIlpllpppMllImIIIIIIIIppllpppll000wwCm11111111p110 IIIIIIIpIIpWWNMpwwmWNmIIIIpI011wb8NwmIIIIIIIIIINIiIIIpIIpIIIIIIPoUIIOWWNm4'dmmIIIIIIl01NIppIWWi COUNCIL ACTION: Approved on 9/1/2015 - Ordinance No. 21854-09-2015 mmwmmimmo�wwmuuuuuummimi�momwoiwwmuuuuuuwwwmouuummumuuum ouwmwmwuwa. uuuuuumuuuuumuuu�ummrv�imiwmsmmnimuuuuumwiwnmmmmmnuuum mw�bwnmwuuuuwwmmi0000uoMwmwwwwwwwmoou000uuouuuwwmren�iom�wuuuuuuuwmmnuwmmimmnaawmmmmmmuwmwummmmmo�wmimimwmmuuuumumowiwmmummmmmuuoumuwuuuun�uowmw.uuwmmmuuuuuuumi uuumoimiwmmlloou0000�ouwmiwwwu0000000wwuuumm�nmwwmiwo 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