HomeMy WebLinkAboutOrdinance 13164• ~ ~~
ORDINANCE NO. ~31~ ~
AN ORDINANCE AMENDING SECTION 22-174 "OFF-STREET
HANDICAPPED PARKING" OF CHAPTER 22 "MOTOR VEHICLES AND
TRAFFIC" OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1986),
AS AMENDED, REVISING THE TERMINOLOGY AND STATUTORY
REFERENCES TO CURRENT STATUS, PROVIDING THAT DESIGNATION
OF DISABILITY PARKING SPACES SHALL BE DESIGNATED BY
APPROPRIATE SIGNAGE AND DEFINING SAME; PROVIDING THAT
ENFORCEMENT OF DISABILITY PARKING VIOLATIONS SHALL BE THE
SAME AS FOR OTHER PARKING VIOLATIONS; MAKING THIS
ORDINANCE CUMULATIVE OF PRIOR ORDINANCES; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
Be it ordained by the City Council of the City of Fort Worth, Texas,
SECTION 1
That section 22-174 "Off-Street Handicapped Parking" of Chapter 22 "Motor Vehicles
and Traffic" of the Code of the City of Fort Worth, Texas (1986), as amended,
is hereby further amended and revised to read as follows.
Sec 22-174 Pnvate off-street disability parking.
(a) Pnvate off-street disability parking spaces exclusively for vehicles which
display the distinguishing hcense plates, specially designated symbols,
tags, or other devices issued to disabled veterans and other persons with
disabilities pursuant to state or federal law, shall have the dimensions and
markings required by prevailing state and federal standards: Such stalls or
spaces shall be designated by posting appropriate signage at the owner's
expense. Appropriate signage shall be any sign m or immediately adjacent
to and visible from each stall or space, consisting of wording, symbol(s) or
a combination thereof, which conveys to a person of ordinary intelligence
that the stalls or spaces indicated are reserved for persons with disabilities.
(b) It shall be unlawful for the operator of any vehicle, not displaying a
distmgmshmg hcense plate, symbol, tag or device issued to persons with
disabilities pursuant to state or federal law to stop, stand, park or leave
standing such vehicle m any parking space designated for the exclusive
use of persons with disabilities pursuant to paragraph (a) of this section.
Such unlawful action shall be enforced m the same manner as provided for
other parking violations.
(c) Any vehicles not displaying the proper license plates, tags or devices may
be towed from a disability parking space designated by paragraph (a) of
this section at the expense of the owner of such vehicle, and maybe
impounded until all towing and storage charges are paid.
SECTION 2.
This ordinance shall be cumulative of all provisions of all 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 m 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 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 litigation, both civil and criminal, whether pending m court or not, under such
ordinances, same shall not be affected by this ordinance but maybe prosecuted until final
disposition by the courts.
SECTION 5
This ordinance shall take effect and be in full force and effect from and after the date of
its passage, and it is so ordained.
APPROVED AS TO FORM LEGALITY
~,~
~~~ty Attorney ~ S
Date. ~ ~15
Adopted. ~- o~ 3 - ~ `~
Effective• %~ o? -J - 9
City of Fort Worth, Teacas
Mayor and Council Communication
DATE REFERENCE NQIdBER LOG NAIL PAGE
09/23/97 **G-12003 12DISA 1 of 1
SITBJECT ORDINANCE REVISING PRIVATE OFF-STREET DISABILITY PARKING SPACE SIGN
REQUIREMENTS
RECOMMENDATION
It is recommended that the City Council adopt the attached ordinance, which revises the
requirement for having an enforceable off-street disability parking space to "appropriate signage"
and provides for civil enforcement of violations
DISCUSSION
The City Code (Section 22-174) currently requires that an off-street disability or handicapped
parking space must have a sign with the wheelchair silhouette symbol in white on a blue
background As a result, the City has been unsuccessful in prosecuting violations and the Police
Department is understandably reluctant to take enforcement action in situations where the signs
use a different color scheme (such as at TCU Stadium) or have only verbal statements on them
State law (Transportation Code 681 009) imposes no specific requirement on signs for private
off-street disability parking space designation Staff believes a significant improvement in
enforcement can be realized by the adoption of the proposed ordinance, which requires only that
the sign designate a disability parking space Words, symbols or a combination of both are
authorized
In addition, to be consistent with other parking violation provisions in the City Code, adoption
of the proposed ordinance "de-criminalizes" disability parking violations, allowing the use of the
administrative process and, if appropriate, the Denver boot
FISCAL INFORMATION/CERTIFICATION
The Director of Fiscal Services certifies that adoption of this ordinance would have no significant
impact on City funds
CB f
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
APPROVED
Charles Boswell 8511
Originatin
De
artment Head: CITY CflUNClL
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SE P 2 3
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Wade Adkins 7623 (from) 199
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For Additional Information Q{ti$~aM
taryO~thM
Contact: ~~ Of FOn ~I(OL(;Il=?9Xlili
Hugh Davis 7630
Printed on Recyded Paper Adopted Ordinance Noe j,,-~-'~