HomeMy WebLinkAboutOrdinance 21887-09-2015 ORDINANCE NO. 21887-09-2015
AN ORDINANCE AMENDING CHAPTER TEN OF THE CODE OF THE
CITY OF FORT WORTH BY ADDING A NEW SECTION 10-12, TO
REQUIRE A $5.00 COURT COST FOR ALL PARKING VIOLATIONS;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR APPLICABILITY TO CERTAIN
OFFENSES; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 102.014 of the Texas Code of Criminal Procedure authorizes
municipalities, to require a court cost up to $5.00 on each parking violation; and
WHEREAS, state law provides that the Fund shall be used to operate a school crossing
guard program if the municipality operates one; and
WHEREAS, if the municipality does not operate a school crossing guard program the
Fund shall be used for programs that enhance child safety, health, or nutrition, which may
include child abuse prevention and intervention programs, and/or drug and alcohol abuse
prevention programs; and
WHEREAS, the Fort Worth City Council believes that implementation of a $5.00 court
cost on all parking violations will aid the City in its efforts to provide programs to enhance child
safety.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, AS FOLLOWS:
SECTION 1.
That Chapter 10, "Courts," of the Code of the City of Fort Worth is hereby amended to
add a new Section 10-12, to be titled "Court Cost for Parking Violations" to read as follows:
Sec. 10-12 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.
Ordinance No. 21887-09-2015
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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.
SECTION 2.
This ordinance shall be cumulative of all provisions of ordinances and 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 3.
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 4.
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 ordinances amended herein, which have accrued at the
Ordinance No. 21887-09-2015
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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 5.
This ordinance applies only to a cost on parking violation committed on or after the
effective date of this ordinance. A cost on a parking violation committed before the effective date
of this ordinance is covered by the law in effect when the offense was committed, and the former
law is continued in effect for that purpose. For purposes of this section, an offense occurs after the
effective date of this ordinance if any element of the offense occurs after that date.
SECTION 6.
This ordinance shall be effective October 1, 2015.
APPROV ','p AST() 1~'QR -A 1) 1,1?(,AI.,1"1"Y: ....
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Gerald Pruitt, Deputy City Attorney May;l. ser, ecretary
ADOPTED: September 15, 2015
EFFECTIVE: October 1, 2015
Ordinance No. 21887-09-2015
Page 3 of 3
City of Fort Worth, Texas
Mayor and Council Communication
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COUNCIL ACTION: Approved,on 911512015 - Ordinance No. 21887-09-2015
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DATE: 'Tuesday, September 15„ 2015 REFERENCE NO.: G-16557
LOG NAME: 38PKGC ILDSAFETYFEE
SUBJECT:
Adopt Ordinance Amending Chapter 1 - Courts of the City Code to Add Section 10-12 and Requiring
$5.00 Court Cost for Parking Violations (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 1 - Courts of
the City Code to add Section 10-12 assessing a $5.00 court cost for all parking violations, in accordance
with Article 102.014 of Texas Code of Criminal Procedure.
DISCUSSION:
Article 102.014 of the Texas Code of Criminal Procedure permits municipalities to establish a Child Safety
Fund and to assess a court cost on each parking violation not to exceed $5.00. The money collected is
required to for a School Crossing Guard Program, if the municipality operates one. If the
municipality does not participate in a School Crossing Guard Program, then the money can be used for
programs designed to enhance child safety, health„ or nutrition, including child abuse prevention an
intervention programs., and/or drug and alcohol abuse prevention programs. Currently, the City is
operating a School Crossing Guard Program. The Child Safety Account can used to offset the costs of
that program.
The adoption of attached ordinance would implement the state law and impose a $5.00 court cost for
II parking violations committed on or after October 1„ 2015. Funds generated by the fee will be used o
y for the School Crossing Guard Program, in accordance with Article 102.014.
FISCAL INFORMATION / CERTIFICATION:.
The Financial Management Services Director certifies that the Municipal Court Services Department is
responsible for collection and deposit of funs due tot the City.
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/C enters
CERTIFICATIONS:
Submitted for City Manager®s Office 4T. Rudolph Jackson (6199)
ri inatiWPe artment Mead: Deidra Emerson (6711)
Additional Information Contact: Dakisha R. Wesley (6711)
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