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Home My WebLink AboutOrdinance 12436ORDINANCE No. ~~ ~~ AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED BY AMENDING CHAPTER 22, SECTION 162, "PARKING OF TRUCKS, BUSES, ETC ..." TO PROHIBIT THE PARKING OF OVERSIZE COMMERCIAL VEHICLES ON PROPERTY WITHIN RESIDENTIALLY ZONED AREAS; REPEALING ALL ORDINANCES AND PROVISIONS IN CONFLICT HEREWITH AND MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES NOT IN CONFLICT; PROVIDING A SEVERABILITY AND SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, the City of Fort Worth is a home rule municipal corporation organized and existing by virtue of the Constitution and laws of the State of Texas and by its Charter adopted in December of 1924, and WHEREAS, the City Council further finds that the parking of oversize commercial vehicles in residentially zoned areas has a similar negative impact on property values, property marketability, quiet enjoyment and traffic congestion in said residentially zoned areas, and WHEREAS, the City of Fort Worth possesses all the rights, powers and authorities possessed by all home rule municipalities, including the police power, as recognized in Article 11, Section 5 of the Constitution of the State of Texas, and WHEREAS, the City Council recognizes that the control of parking of vehicles within residentially zoned areas is within the police power of the City of Fort Worth, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS Section 1. ' That the current Section 22-162 of the Code of the City of Fort Worth be, and hereby is, amended, said new section to be and read as follows. Sec. 22-162 Parking of oversize commercial vehicles unlawful on private property; limited to two hours on streets. (a) It shall be unlawful for any person to park or allow to be parked any oversize commercial vehicle on any property under his control on any portion of a front yard, side yard or rear yard of any area or district which is residentially zoned under the comprehensive zoning ordinance or used for residential purposes. (b) For purposes of this section, "oversize commercial vehicle" shall mean any vehicle designated below, or any vehicle designed for the transport of property or cargo with a gross weight, registered weight or gross weight rating, as those terms are defined in state law, of more than 15,000 pounds, or any vehicle designed for the transport of more than fifteen (15) passengers, inclusive of the driver Designated vehicles, for purposes of ' :~ i this section, are dump trucks, truck-tractors, concrete mixing trucks, stake-bed trucks, buses, trailers which are more than twenty (20) feet in length from end to end, more than seven (7) feet in width at their widest point, or more than seven (7) feet in height at their highest point, or vehicles similar to any of the listed vehicles The term "oversize vehicle" shall exclude any self-contained recreational vehicle which has a kitchen, bath or sleeping quarters and is designed for recreational purposes (c) It shall be unlawful for the driver, owner or operator of an oversize commercial vehicle, as the term is defined in subsection (b) above, to park the same, or 2 .~ permit the same to be parked, stand or remain motionless for a period in excess of two (2) hours on any street in the city 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. 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 is permitted to exist constitutes a separate offense 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 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 3 the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Section 5. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2 and 4 of this ordinance for two {2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Section 52 013, Texas Local Government Code Section 6. This ordinance shall be in full force and effect from the date of its adoption and thereafter, and publication as required by law, and it is so ordained. A ROVED AS FO M A D LEGALITY =~~~is~at_City Attorney Date 3 ADOPTED ~ -/st-,~- C/' EFFECTIVE. ~ `~~ 4 City of Fort Worth, Texas Mayor and Council Communication DAT13 R13FERENCS NUMBER LOG NAME PAGE 01 /16!96 21 PARK 1 of 2 sUB~rECT AMENDMENT OF CITY CODE RESTRICTING PARKING IN RESIDENTIAL AREAS RECOMMENDATION It is recommended that the City Council adopt the attached revisions to Fort Worth City Code, Section 22-160, Parking of motor vehicles, trailers, boats and other vehicles in front yards, side yards or rear yards in areas zoned one-family and two-family, and Section 22-162 (a), Parking of oversize commercial vehicles; parking of trucks, buses, etc ,limited to two hours DISCUSSION Section 22-160 of the Fort Worth City Code regulates parking of motor vehicles, trailers, boats and other vehicles in front yards and side yards of areas zoned for one-family and two-family residences It is proposed that Section 22-160 be amended to also restrict parking in rear yards without ahard-surfaced or gravel driveway or parking area It is also proposed that Section 22- 160(a)(4) which allows parking in side yards without hard-surfaced or gravel driveways or parking areas when the side yard is enclosed by a six-foot screening fence be removed Section 22-162 regulates parking of trucks, buses, trailers, and other vehicles on City streets for periods longer than two hours It is proposed that Section 22-162 be amended to prohibit the parking of any oversize commercial vehicle in residentially zoned areas or areas used for residential purposes Such vehicles include dump trucks, tractor-trailer trucks, concrete mixing trucks, buses and similar vehicles Self-contained vehicles that are designed and used for recreational purposes are not affected by the proposed change Currently, the City of Fort Worth does not have the authority to regulate rear yard parking or parking of large commercial vehicles on residential property The contention is that just as unrestricted front and side yard parking contribute to neighborhood deterioration and reduced property values, so do unrestricted rear yard parking and parking of large commercial vehicles in residential areas The proposed revisions were mailed to the League of Neighborhoods and all of their member organizations Generally, telephone responses were in favor of the revisions Of the thirteen written responses received, ten were in favor, two were opposed, and one indicated that there should be a public meeting and more discussion on the matter Prln~d on Recyded Paper City of Fort Worth, Texas Mayor and Council Communication DAIS 01 /16/96 RSFSRSNCS NUbSBSR G-11370 LOG NAMB 21 PARK PAGE 2 of 2 3UBJSCT AMENDMENT OF CITY CODE RESTRICTING PARKING IN RESIDENTIAL AREAS FISCAL INFORMATION/CERTIFICATION The Director of Fiscal Services certifies that no City funds are required to adopt this amendment to the City code RG a ****APPROVED, AS AMENDED, BY DELETING THE ENTIRE SECTION 1 OF THE ORDINANCE RELATING TO SECTION 22-1f0, PARKING OF MOTOR VEHICLES, TRAILERS, BOATS AND OTHER VEHICLES I FRONT YARDS, SIDE YARDS OR REAR YARDS. Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Otfice by: (to) APPR01f ED Charles Boswell 6183 CITY COUNCI Originating Department Head: n ^ , ~ ~~., Wes' / ~ / ~~ Tom Davis 6300 (from) ~~ For Additional Information Citq Secretary of tM City of Fort Wortlt,'tez~f Contact: Tom Davis 6300 Printed on ae~.yded Paper AdO~t@d ~rdinanCe ND.I_o~~~o