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HomeMy WebLinkAboutOrdinance 19050-03-2010ORDINANCE NO 19050-03-2010 AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH BY REPEALING THE CONTENT OF SECTIONS 22-261 THROUGH 22-266 OF DIVISION 2, "REGISTRATION" OF ARTICLE VII, "BICYCLES" OF CHAPTER 22, "MOTOR VEHICLES AND TRAFFIC" REGARDING THE REGISTRATION OF BICYCLES BUT RESERVING THE DIVISION FOR FUTURE USE, PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE, PROVIDING A SAVINGS CLAUSE, PROVIDING A SEVERABILITY CLAUSE, AND NAMING AN EFFECTIVE DATE. WHEREAS, m 1971 the City Council adopted an ordinance requiring the registration of bicycles m the City as a creme prevention program m order to trace ownership of bicycles and to facilitate recovery of stolen bicycles, and WHEREAS, due to the ineffectiveness of the program and the development of computerized police records, the Police Department recommended that the registration requirement be ehmmated from the City Code; and WHEREAS, on October 8 2002, the Fort Worth City Council adopted Ordinance No 15281 (M&C G 13762) amending Article VII `Bicycles" of Chapter 22, Motor Vehicles and Pedestrians" to address bicycle safety and repeal the bicycle registration requirements, and WHEREAS Ordinance No 15281 inadvertently did not repeal Sections 22 261 through 22 266 regarding the registration of bicycles, and WHEREAS, m order to avoid confusion to the citizens regarding the requirements of bicycle ownership and to follow the intent of the City Council, rt is advisable to amend the Crty Code to delete those sections regarding bicycle registration but reserve the Division for future use. NOW THEREFORE, IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS SECTION 1 The title and the entire contents Division 2, `Registration of Article VII, `Bicycles" of Chapter 22, `Motor Vehicles and Traffic" being Sections 22 261 through 22 266 of the Code of the City of Fort Worth Texas (1986), as amended by Ordinance No 18910-2009 adopted Nov 10 2009 (Supplement No 69), is hereby repealed, but reserving the Division for future use. SECTION 2. That Chapter 22, `Motor Vehicles and Traffic" of the Code of the City of Fort Worth, as amended by Ordinance No 18910-2009 adopted Nov 10 2009 (Supplement No 69), shall remain in full force and effect, save and except as amended by this Ordinance. SECTION 3. 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, m which event conflicting provisions of such ordinances and such Code are hereby repealed. 2 SECTION 4. 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 Junsdiction, 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 5. This ordinance shall be effective upon its passage and publication as required by law APPROVED AS TO FORM AND LEGALITY By Gi,~.~. ~-w ~~- Assistant C y Attorney ADOPTED• March 2, 2010 EFFECTIVE ~~'l~,G~(. l~ ~ 3 City of Fort Worth, Texas Mayor and Council Communication ----- - ~ n mmm~ ~ . ~. ~ _ .._~~. COUNCIL ACTION: 'Approved on 3/2/2010 -Ord. No. 19050=03-2010 __ _> ~~ ~_~,~ a -~,~~ ~ _ .. DATE Tuesday March 02, 2010 REFERENCE NO *G-16857 LOG NAME 12REPEALBICYCLEREG SUBJECT Adopt an Ordinance Amending Chapter 22 of the City Code Entitled 'Motor Vehicles and Pedestrians" to Repeal Sections 22 261 through 22 266 of Division 2 Related to the Mandatory Registration of Bicycles RECOMMENDATION It is recommended that the City Council adopt the attached ordinance amending Chapter 22 of the City Code entitled 'Motor Vehicles and Pedestrians" to Repeal Sections 22 261 through 22 266 of Division 2 related to mandatory registration of bicycles. DISCUSSION In 1971 the City Council adopted an ordinance requiring the mandatory registration of bicycles in the City as a crime prevention program in order to trace ownership of bicycles and to facilitate recovery of stolen bicycles The registration was processed at local fire stations for an initial $1 00 fee for registration and $.25 for all ownership transfers By 2002 fewer than 100 bicycles were registered during each of the previous three years Only one bicycle was recovered between the years 1999 and 2002 Due to the ineffectiveness of the program and the development of computerized police records which allowed the manufacturer serial numbers to be entered into the Texas Crime Information Center the Police Department recommended that the registration requirement be eliminated from the City Code On October 8 2002 the Fort Worth City Council adopted Ordinance No 15281 (M&C G-13762) amending Article VII 'Bicycles of Chapter 22 Motor Vehicles and Pedestrians" to address bicycle safety and repeal the bicycle registration requirements however the ordinance did not repeal Sections 22 261 through 22 266 regarding the registration of bicycles In order to avoid confusion to the citizens regarding the requirements of bicycle ownership and to follow the intent of the 2002 decision of the City Council it is advisable to amend the City Code to delete Sections 22 261 through 22 266 regarding bicycle registration but reserve the Division for future use FISCAL INFORMATION /CERTIFICATION The Financial Management Services Director certifies that this action will have no material effect on City funds Logname• 12REPEALBICYCLEREG Page 1 of 2 FUND CENTERS TO Fund/Account/Centers CERTIFICATIONS Submitted for City Manager's Office b~: Originating Department Head. Additional Information Contact: FROM Fund/Account/Centers Tom Higgins (6192) David Yett (7623) Richard Neuhaus (6803) Sarah Fullenwider (7619) Logname: 12REPEALBICYCLEREG Page 2 of 2