HomeMy WebLinkAboutOrdinance 14896ORDINANCE NO. / ~~~
AN ORDINANCE AMENDING CHAPTER 22 TITLED "MOTOR
VEHICLES AND TRAFFIC" OF THE CODE OF THE CITY OF FORT
WORTH (1986), BY THE ADDITION OF SECTION OF SECTION 22-179
" SOLICITATION OF EMPLOYMENT BETWEEN AN OCCUPANT OF
A MOTOR VEHICLE AND A PEDESTRIAN", PROVIDING THAT THE
ORDINANCE IS CUMULATIVE; PROVIDING A PENALTY CLAUSE,
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS the Crty Council of Fort Worth ("City Council") finds that the sohcrtation
of employment between an occupant of a motor vehicle and a pedestrian causes distraction of
motorists,
WHEREAS the City Council finds that such distraction from the sohcrtation of
employment causes the safe and orderly flow of traffic to be impeded by motorists stopping
unexpectedly, lingering at traffic control devices and failing to attend to driving;
WHEREAS the City Council finds that distracted drivers pose a sigmficant risk of
physical m~ury to motorists and pedestrians,
WHEREAS, by enacting this ordinance the Crty Council desires to promote the safe
and orderly traffic flow in areas in which the safe and orderly traffic flow is impeded by the
solicitation of employment between an occupant of a motor vehicle and a pedestrian,
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" of the Code of the City of Fort Worth is hereby
amended to add a new section, Section 22-179, "Sohcrtation Between an Occupant of a Motor
Vehicle and A Pedestrian", to prohibit the solicrtation of employment between an occupant of a
motor vehicle and a pedestrian as follows
"Section 22-179 Solicitation Between an Occupant of a Motor Vehicle a
Pedestrian"
(a) This section applies
(1) m the area defined by a boundary beginning at the intersection of Pme
and Vickery, proceeding north on Pme to Lancaster, then proceeding west
on Lancaster to Commerce, then proceeding north on Commerce to 5th
Street, then proceeding west on 5th Street to Throckmorton, then
proceeding south on Throckmorton to Lancaster, then proceeding west on
Lancaster to the east bank of the Trinity River, then proceeding south
along the east bank of the Trinity River to Vickery, then proceeding east
on Vickery to the point of beginning; and
(2) on the streets and pedestrian rights-of--way that bound the areas described
m this subsection.
(b) In this section "private parking area" means privately owned property for
vehicle parking, and adjacent driveways, walkways, setbacks, and landscaped
areas.
(c) A person who is m or next to a street, on a sidewalk, or m a private parking
area commits an offense if the person solicits, attempts to solicit employment
or business from an occupant of a motor vehicle.
(d) A person m a motor vehicle commits an offense if the person hires, or
attempts to hire a person who is in or next to a street, on a sidewalk, or in a
private parking area.
(e) This section does not apply to
(1) at a facility operated by or for the Crty, and designated by the City
Manager as a place where the sohcrtahon of employment is permitted,
(2) at a facility primarily operated as a employment agency and where the
solicitation of employment is permitted, or
(3) a private parking area unless the owner of the parking area has
permanently posted a conspicuous sign at each entrance of the parking
area, m both English and Spanish, stating that rt is a misdemeanor to
engage m solicitation for employment.
(f) An offense under this section is punishable by a fine not to exceed five
hundred dollars ($500 00) "
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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 m
direct conflict with the provisions of such ordinances and such Code, m 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 ~ur-sdiction, such unconstitutionality shall not affect any of the
remaimng phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same
would have been enacted by the Crty Council without the incorporation m this ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 4
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 Frye Hundred Dollars ($500 00) for each offense. Each .time a person violates this ordinance
shall constitute a separate offense.
SECTION 5.
All nghts 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 m Section 1, which have accrued at the
time of the effective date of this ordinance and, as to such accrued violations and all pending
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litigation, both civil and criminal, whether pending m 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.
The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the
caption and Section 4 of this ordinance for two (2) days m 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 7.
Tlus ordinance shall be m full force and effect after publication on January 1, 2002 and rt is
so ordained.
APPROVE TO LEGALITY
ASSI ANT ATTORNEY
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City of Fort Worth, Texas
~I~A~a~ and C,aunc~l Car»ntun~cAt~an
DATE REFERENCE NUMBER LOG NAME PAGE
12/18/01 **G-13465 12SOLICIT 1 of 1
SUBJECT ADOPTION OF ORDINANCE AMENDING CHAPTER 22 "MOTOR VEHICLE AND
TRAFFIC" OF THE CITY CODE PROHIBITING SOLIC{T/ATION OF EMPLOYMENT
BETWEEN AN OCCUPANT OF A MOTOR VEHICLE AND A PEDESTR{AN IN A
SPECIFIED AREA
RECOMMENDATION
It is recommended that the City Council adopt. the attached ordinance prohibiting solicitation of
employment between an occupant of a motor vehicle and a pedestrian in a specified area.
DISCUSSION
In order to promote the orderly flow of traffic and to limit the distraction of motorists in areas in which
there is a high concentration of solicitation of employment by a pedestrian, staff recommends adoption
of the attached ordinance that prohibits the solicitation of employment between an occupant of a motor
vehicle and a pedestrian in a specified area.
The ordinance would prohibit the solicitation in the following specified areas, as shown on Exhibit B
"Beginning at the intersection of Pine Street and Vickery Boulevard, proceeding north on Pine
Street to Lancaster Avenue, then proceeding west on Lancaster Avenue to Commerce Street,
then proceeding north on Commerce Street to 5th Street, then proceeding west on 5th Street to
Throckmorton Street, then proceeding south on Throckmorton Street to Lancaster Avenue, then
proceeding west on Lancaster Avenue to the east bank of the Trinity River, then proceeding
south along the east bank of the Trinity River to Vickery Boulevard, then proceeding east on
Vickery Boulevard to the point of beginning The specified area would include the streets and
pedestrian rights-of-way that bound the areas described above "
A violation of the ordinance would be punishable by a fine not to exceed $500 00
This ordinance is effective January 1, 2002
FISCAL INFORMATION/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds.
LW'k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
a~p~ov~D
Libby Watson 6183 CITY COUI~CII
Originating Department Head: ~
DEC 1g 2001
David Yett 7606 (from)
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Additional Information Contact: ~,`
ea.~«tiJ
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Citg Secretary of 41t~s
Citg of Faat @Erot`t?t;'1~3~:~.~-
Cynthia Garcia 7611
Adu~ted ~rd~R~~~;n ~~ ~