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HomeMy WebLinkAboutOrdinance 16539-08-2005ORDINANCE NO 16539-08-05 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986), AS AMENDED BY AMENDING CHAPTER 22 `MOTOR VEHICLES AND TRAFFIC" ARTICLE I, `IN GENERAL SECTION 22-1 `DEFINITIONS TO CHANGE THE DEFINITIONS OF JUNKED VEHICLE AND `VEHICLE BY AMENDING CHAPTER 22 `MOTOR VEHICLES AND TRAFFIC" ARTICLE IX, ABANDONED AND JUNKED VEHICLES DIVISION 2, JUNKED VEHICLES TO CHANGE SECTION 22-303 JUNKED VEHICLES DECLARED TO BE A PUBLIC NUISANCE ADOPTION OF PROCEDURES FOR ABATEMENT AND REMOVAL TO PROVIDE THE JUNKED VEHICLE IS A PUBLIC NUISANCE IF VISIBLE AT ANY TIME OF YEAR FROM A PUBLIC PLACE TO ADD SECTION 22-303 1 `MEANING OF THE TERMS `INOPERABLE `WRECKED" AND `DISMANTLED OR PARTIALLY DISMANTLED" WHEN USED IN THE DEFINTION OF JUNKED VEHICLE, TO DEFINE SAID TERMS WHEN USED IN THE DEFINTION OF JUNKED VEHICLE TO ADD SECTION 22 304 1 `RELOCATION OF JUNKED VEHICLE AFTER ABATEMENT PROCEEDING HAS COMMENCED" TO PROVIDE THAT RELOCATING THE JUNKED VEHICLE PUBLIC NUISANCE TO A NEW LOCATION IN THE CITY ONCE AN ABATEMENT PROCEEDING HAS COMMENCED HAS NO EFFECT ON THE PROCEEDING IF THE VEHICLE CONSTITUTES A PUBLIC NUISANCE AT THE NEW LOCATION TO CHANGE SECTION 22-305, `HEARING SUBSECTION (b) TO PROVIDE FOR A HEARING CONTINUANCE OF UP TO 60 DAYS TO CHANGE SECTION 22- 311 `CRIMINAL COMPLAINT" TO MAKE IT AN OFFENSE TO MAINTAIN A PUBLIC NUISANCE DESCRIBED BY SECTION 22-303(a), AND TO MAKE SAID OFFENSE PUNISHABLE BY A FINE NOT TO EXCEED TWO HUNDRED DOLLARS TO CHANGE SECTION 22 312, `ORDER OF ABATEMENT UPON CONVICTION" TO PROVIDE THAT WHEN A PERSON IS CONVICTED OF VIOLATING SECTION 22 311 THE COURT SHALL ORDER ABATEMENT OF THE NUISANCE PROVIDING THAT THIS ORDINANCE IS CUMULATIVE PROVIDING A SEVERABILITY CLAUSE PROVIDING A SAVINGS CLAUSE PROVIDING A PENALTY AND A FORFEITURE CLAUSE PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY AND PROVIDING AN EFFECTIVE DATE. Whereas, the City Council has determined a dunked vehicle, including part of a dunked vehicle, that is visible at any time of the year from a public place or public nght-of way• (1) is detrimental to the safety and welfare of the public (2) tends to reduce the value of property (3) invites vandalism, (4) creates a fire hazard, (5) is an attractive nuisance creating a hazard to the health and safety of minors, (6) produces urban blight adverse to the maintenance and continuing development of municipalities, and (7) is a public nuisance, and Whereas, the City Council has determined a dunked vehicle that is visible from a public place or public right-of way is a public nuisance regardless of whether said dunked vehicle is designed to be operated upon the public streets, or is designed and intended to be operated m places other than public streets and Whereas, the City Council has determined the City's dunked vehicle ordinance should be amended to correspond to and better utilize the current dunked vehicle statutory provisions contained in Chapter 683 Subchapter E of the Texas Transportation Code, and Whereas, Chapter 683 Subchapter E of the Texas Transportation Code allows the City to provide for a more inclusive definition of a dunked vehicle than the definition m Subchapter E and Whereas, the City Council has determined that once a self propelled vehicle without an unexpired license plate, or without a valid motor vehicle inspection certificate, has remained inoperable for more than 72 consecutive hours on public property or for more than 20 consecutive days on private property the vehicle should be declared to be a dunked vehicle and Whereas, the City Council has determined that once aself-propelled vehicle has remained wrecked, dismantled or partially dismantled for more than 72 consecutive hours on public property or for more than 20 consecutive days on private property the vehicle should be declared to be a dunked vehicle without regard to whether the vehicle has an unexpired license plate or a valid motor vehicle inspection certificate, and Whereas, the City Council has determined that providing a meaning for the terms, `inoperable `wrecked and dismantled or partially dismantled" when used m the definition of Junked Vehicle, will establish fair and uniform standards to aid m the enforcement of the dunked vehicle ordinance and Whereas, Chapter 683 Subchapter E of the Texas Transportation Code allows the City to provide that the relocation of a dunked vehicle that is a public nuisance to another location m the City after a proceeding for the abatement and removal of the public nuisance has commenced has no effect on the proceeding if the dunked vehicle constitutes a public nuisance at the new location, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS 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 Texas (1986) as amended is hereby amended by changing the definition of the term junked vehicle in Section 22 1 `Definitions to read as follows Junked velxicle means erther• (1) a vehicle that is self-propelled and does not have lawfully attached to it. (a) an unexpired license plate, or (b) a valid motor vehicle inspection certificate, and 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 or• (2) a vehicle that is self-propelled and is wrecked dismantled or partially dismantled and has remained wrecked dismantled or partially dismantled 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 The term `junked vehicle shall include part of a junked vehicle Chapter 22 `Motor Vehicles and Traffic Article I `In General" Section 22 1 `Definitions of the Code of the City of Fort Worth Texas (1986) as amended is hereby amended by changing the definition of the term `vehicle in Section 22 1 `Definitions to read as follows Vehicle means every mechanical device in upon or by which any person or property is or may be transported or drawn upon a public highway including motor vehicles commercial motor vehicles truck tractors trailers and semi-trailers severally as hereinafter defined but excepting devices moved by human power or used exclusively upon stationary rails or tracks The term includes self-propelled off-road vehicles designed and intended to be operated in places other than on public streets including but not limited to race cars dirt track vehicles all-terrain vehicles and golf carts SECTION 2. Chapter 22 `Motor Vehicles and Traffic Article IX, Abandoned and Junked Vehicles Division 2 Junked Vehicles Section 22 303 Junked vehicles declared to be a public nuisance adoption of procedures for abatement and removal" of the Code of the City of Fort Worth Texas (1986) as amended is hereby amended to read as follows Sec. 22-303. Junked vehicles declared to be a public nuisance, adoption of procedures for abatement and removal. (a) A junked vehicle as defined in this chapter including part of a junked vehicle that is visible at any time of the year from a public place or public right-of-way is a public nuisance (b) This declaration is made pursuant to Chapter 683 Subchapter E of the Texas Transportation Code This division adopts municipal procedures that conform to Chapter 683 Subchapter E of the Texas Transportation Code for the abatement and removal from private or public property or a public right-of-way of a junked vehicle or part of a junked vehicle as a public nuisance SECTION 3. Chapter 22 `Motor Vehicles and Traffic Article IX, Abandoned and Junked Vehicles Division 2 Junked Vehicles of the Code of the City of Fort Worth Texas (1986) as amended is hereby amended by adding Section 22 303 1 `Meaning of the terms `inoperable `wrecked" and dismantled or partially dismantled" when used in the definition of Junked Vehicle to read as follows Sec. 22-303 1 Meaning of the terms, inoperable `wrecked" and dismantled or partially dismantled" when used in the definition of Junked Vehicle When used in the definition of Junked Vehicle the terms inoperable `wrecked and dismantled or partially dismantled shall have the following meaning Inoperable means as follows (1) for self-propelled vehicles designed to be operated upon the public streets and for which a valid state motor vehicle inspection certificate is required to legally do so `inoperable means not capable of passing a state motor vehicle inspection (2) for self-propelled vehicles not subject to state motor vehicle inspection including self-propelled off-road vehicles designed and intended to be operated in places other than on public streets including but not limited to race cars dirt track vehicles all-terrain vehicles and golf carts 'inoperable means not usable for the vehicle s designed and intended purpose Wrecked means as follows (1) for self-propelled vehicles designed to be operated upon the public streets and for which a valid state motor vehicle inspection certificate is required to legally do so `wrecked" means damaged to the degree that said vehicle is not capable of passing a state motor vehicle inspection (2) for self-propelled vehicles not subject to state motor vehicle inspection including off-road vehicles designed and intended to be operated in places other than on public streets including but not limited to race cars dirt track vehicles all-terrain vehicles and golf carts `wrecked means damaged to the degree that said vehicle is not usable for the vehicles designed and intended purpose Dismantled or Partially Disma~atled means as follows (1) for self-propelled vehicles designed to be operated upon the public streets and for which a valid state motor vehicle inspection certificate is required to legally do so dismantled or partially dismantled means dismantled to the degree that said vehicle is not capable of passing a state motor vehicle inspection (2) for self-propelled vehicles not subject to state motor vehicle inspection including off-road vehicles designed and intended to be operated in places other than on public streets including but not limited to race cars dirt track vehicles all-terrain vehicles and golf carts dismantled or partially dismantled means dismantled to the degree that said vehicle is not usable for the vehicle s designed and intended purpose SECTION 4 Chapter 22 'Motor Vehicles and Traffic Article IX, Abandoned and Junked Vehicles Division 2 Junked Vehicles of the Code of the City of Fort Worth Texas (1986) as amended is hereby amended by adding Section 22 304 1 Relocation of Junked Vehicle after abatement proceeding has commenced" to read as follows Sec. 22-3041 Relocation of Junked Vehicle after abatement proceeding has commenced The relocation of a junked vehicle that is a public nuisance to another location in the city after a proceeding for the abatement and removal of the public nuisance has commenced has no effect on the proceeding if the junked vehicle constitutes a public nuisance at the new location SECTION 5. Chapter 22 `Motor Vehicles and Traffic Article IX, Abandoned and Junked Vehicles Division 2 Junked Vehicles Section 22 305 Hearing" subsection (b) of the Code of the City of Fort Worth Texas (1986) as amended is hereby amended to read as follows (b) at the public hearing the hearing officer shall hear and consider all relevant evidence objections or protests and shall receive testimony from owners witnesses city personnel and interested persons relative to the alleged public nuisance The hearing officer may continue the hearing for up to 60 days for cause deemed reasonable to the hearing officer SECTION 6. Chapter 22 `Motor Vehicles and Traffic Article IX, Abandoned and Junked Vehicles Division 2 Junked Vehicles Section 22 311 `Criminal Complaint" of the Code of the City of Fort Worth Texas (1986) as amended is hereby amended to read as follows Sec. 22 311 Criminal Complaint (a) A person commits an offense if the person maintains a public nuisance described by Section 22-303(a) of this Code (b) Whenever such a public nuisance is found to exist within the city the city may without notice pursue the filing of an immediate criminal complaint against the person or persons in violation of this section (c) An offense under this section is a misdemeanor punishable by a fine not to exceed two hundred dollars ($200 00) SECTION 7 Chapter 22 `Motor Vehicles and Traffic Article IX, Abandoned and Junked Vehicles Division 2 Junked Vehicles Section 22 312 `Order of abatement upon conviction of the Code of the City of Fort Worth Texas (1986) as amended is hereby amended to read as follows Sec. 22-312 Order of abatement upon conviction Whenever a person is convicted in a City of Fort Worth Municipal Court of maintaining a junked vehicle which constitutes a public nuisance in violation of Sec 22-311 the court shall in connection with its guilty finding enter an order directing the guilty party to abate and remove the public nuisance which was the subject of the criminal complaint. Any order so entered shall take effect immediately upon conviction becoming final If abatement is not accomplished as ordered by the court, the city is authorized to abate the nuisance and assess the reasonable costs of abatement against the guilty party SECTION 8. 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 9 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 10. 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 in Sections 1 through 7 which 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 11 Any person, firm, or corporation who violates, disobeys, omits, neglects, or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two hundred dollars ($200 00) for each offense Each day that a violation exists shall constitute a separate offense. The City of Fort Worth may additionally remove from property a public nuisance as described m Sec 22 303 according to the procedures set forth in Sec 22 304 through Sec 22 315 of the Code of the City of Fort Worth, Texas (1986), as amended. SECTION 12. That the City Secretary of the City of Fort Worth Texas is hereby directed to publish the caption Section 11 and an effective date of this ordinance for (2) days in the official newspaper of the City of Fort Worth Texas as authorized by Section 2 Chapter XXV of the charter of the City of Fort Worth Texas and by Section 52 013 Texas Local Government Code SECTION 13 This ordinance shall take effect and be in full force and effect from and after the date of its passage and publication, and rt is so ordained. APPROVED AS TO FORM AND LEGALITY ~'c.~ ASSISTANT CITY ATTORNEY DATE ~ ~~ G `~ ADOPTED 8/9/2005 EFFECTIVE ~ ~ ~ ~ ~, ~GC~