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Fort Worth, TX Code of Ordinances
FORT WORTH, TEXAS CODE OF ORDINANCES
OFFICIALS of the CITY OF FORT WORTH, TEXAS
PART I: THE CHARTER OF THE CITY OF FORT WORTH
PART II: CITY CODE
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: RETIREMENT
CHAPTER 3: AIRPORTS AND AIRCRAFT
CHAPTER 4: ALCOHOLIC BEVERAGES
CHAPTER 5: AMBULANCES/EMERGENCY MEDICAL SERVICES
CHAPTER 6: ANIMALS AND FOWL
CHAPTER 7: BUILDINGS
CHAPTER 8: CABLE COMMUNICATION SERVICE
CHAPTER 9: COMMUNITY FACILITIES AGREEMENTS
CHAPTER 10: COURTS
CHAPTER 11: ELECTRICITY
CHAPTER 11.5: EMERGENCY MANAGEMENT
CHAPTER 12: EMERGENCY REPORTING EQUIPMENT AND PROCEDURES
CHAPTER 12.5: ENVIRONMENTAL PROTECTION AND COMPLIANCE
CHAPTER 13: FIRE PREVENTION AND PROTECTION
CHAPTER 14: RESERVED
CHAPTER 15: GAS
CHAPTER 16: HEALTH AND SANITATION
CHAPTER 17: HUMAN RELATIONS
CHAPTER 18: LAKE WORTH
CHAPTER 19: LIBRARIES
CHAPTER 20: LICENSES AND MISCELLANEOUS BUSINESS REGULATIONS
CHAPTER 21: RESERVED
CHAPTER 22: MOTOR VEHICLES AND TRAFFIC
CHAPTER 23: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 24: PARK AND RECREATION
CHAPTER 25: RESERVED
CHAPTER 26: PLUMBING
CHAPTER 27: POLICE
CHAPTER 28: PUBLIC UTILITIES
CHAPTER 29: SIGNS
CHAPTER 29.5: SMOKING
CHAPTER 30: STREETS AND SIDEWALKS
CHAPTER 31: SUBDIVISION ORDINANCE
CHAPTER 32: TAXATION
CHAPTER 33: TREES, SHRUBS, ETC.
CHAPTER 34: VEHICLES FOR HIRE
CHAPTER 35: WATER AND SEWERS
CHAPTER 36: RESERVED
APPENDIX A: ZONING REGULATIONS
APPENDIX B: CODE COMPLIANCE
APPENDIX C: RESERVED
CODE COMPARATIVE TABLE
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§ 10-19 PRESUMPTION OF OWNERSHIP; EXCEPTIONS TO VEHICLE OWNER LIABILITY.
   (a)   It is presumed that the registered owner of the motor vehicle that is the subject of the administrative hearing is the person who parked or stopped the vehicle at the time and place of the offense charged.
   (b)   A state department of highways and public transportation computer-generated record of the registered vehicle is prima facie evidence of its contents in an administrative adjudication hearing under this article.
   (c)   The operator of a vehicle who is not the registered owner but has the express or implied permission to operate the vehicle is considered the registered owner’s agent and is authorized to receive and contest a parking citation.
   (d)   A registered vehicle owner is not liable for a violation subject to this article if:
      (1)   The vehicle operator, not the registered owner, assumes responsibility for the issued citation by either paying the fine or contesting the citation online, via mail or in person as outlined in this article;
      (2)   The registered vehicle owner files an affidavit with the parking bureau and attaches supporting documentation, establishing that the vehicle being operated at the time of the violation was sold prior to the date and time the citation was issued. Supporting documentation includes but is not limited to a bill of sale and the vehicle’s title signed by both the seller and the purchaser of the vehicle;
      (3)   The registered vehicle owner files an affidavit with the parking bureau and attaches supporting documentation, establishing that the vehicle being operated at the time of the violation was stolen prior to the date and time the citation was issued. Supporting documentation includes, but is not limited to, a copy of an official police report; or
      (4)   The registered vehicle owner is now deceased and no other vehicle operator has been personally served with the citation, nor claimed responsibility for the citation. Proof may be shown by submitting an official death certificate.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 20858-08-2013, § 1, passed 8-13-2013; eff. 8-19-2013)
§ 10-20 HEARINGS; CONTEST PARKING CITATION ONLINE AND VIA MAIL.
   (a)   At the hearing before the hearing officer, the registered vehicle owner or operator may enter a plea of liable, not liable or liable with an explanation to the alleged violation.
   (b)   The issuing peace officer or other authorized parking enforcement agent shall not be required to attend the hearing.
   (c)   It is not required that the city’s prosecuting attorney attend the hearing. If the registered vehicle owner or operator is represented by legal counsel at the hearing, the hearing officer shall notify the prosecuting attorney who shall have a right to appear on behalf of the city at said hearing.
   (d)   No formal or sworn complaint shall be necessary. The hearing officer shall examine the contents of the citation and the evidence related to ownership of the vehicle in question, and shall hear and consider evidence and testimony presented by the registered vehicle owner or operator, and the issuing officer if in attendance. If the hearing officer determines by the preponderance of the evidence that the violation was committed by the registered vehicle owner or operator, the hearing officer shall find the person liable therefor.
   (e)   At the conclusion of the hearing, the hearing officer shall issue an order stating whether or not the registered vehicle owner or operator charged is liable for violation of the parking or stopping ordinance and the amount of any fine, costs or fee assessed against the person. The order shall be filed with the clerk of the municipal court. All such orders shall be kept in a separate index or file by the municipal court clerk using appropriate data processing techniques.
   (f)   Failure of the registered vehicle owner or operator charged with the offense to appear at the hearing within the aforesaid 21 calendar day period shall be considered an admission of liability for the charged offense.
   (g)   The Texas Rules of Evidence do not apply to a hearing under this article.
   (h)   The registered vehicle owner or operator charged with a parking, stopping or standing violation may contest the citation online within seven calendar days from the date of the citation. The director of the municipal courts department shall establish procedures which will allow for the online submission of written statements and evidence.
   (i)   The registered vehicle owner or operator charged with a parking, stopping or standing violation may contest the citation via mail within 21 calendar days from the date of the citation, by submitting written statements and evidence. The envelope containing the correspondence must be postmarked no later than the twenty-first day from the date of the citation.
   (j)   If the registered vehicle owner or operator charged with a parking, stopping or standing violation elects to contest the citation online or via mail, that person waives the right to an instanter hearing before a hearing officer.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 20858-08-2013, § 1, passed 8-13-2013; eff. 8-19-2013)
§ 10-21 APPEAL.
   (a)   After the administrative adjudication hearing, online adjudication process or finding of liability via mail, a person found liable by the hearing officer for violating the parking or stopping ordinance may appeal this determination to the municipal court.
   (b)   The appeal must be instituted by the liable party filing, not later than the thirtieth day after the filing of the hearing officer’s order, a petition with the clerk of the municipal court along with payment of a nonrefundable administrative appeal filing fee in the amount of $10, as well as payment of any other costs required by law for municipal courts.
   (c)   After the liable party files a petition for appeal, the municipal clerk shall schedule a hearing and notify all parties of the date, time and place of the hearing.
   (d)   The appeal hearing shall be a de novo review. The municipal court shall examine the evidence presented at the appellate hearing and if the court determines by the preponderance of the evidence that the violation was committed by the appealing party, the court shall find the appealing party liable therefor.
   (e)   Service of notice of appeal under this section does not stay the enforcement and collection of the judgment unless the person who files the appeal posts a cash bond before filing notice of appeal with the clerk of the municipal court. Said cash bond shall be in the amount of all fines, costs and fees assessed by the hearing officer.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 3, passed 8-30-1988; Ord. 20858-08-2013, § 1, passed 8-13-2013; eff. 8-19-2013)
§ 10-22 ENFORCEMENT.
   (a)   An order filed by a hearing officer under this article, or a final judgment of the municipal court after appeal, may be enforced by:
      (1)   Impounding the vehicle;
      (2)   Placing a device (“boot”) that prohibits the movement of a motor vehicle on the vehicle that is the subject of the order filed;
      (3)   An additional fine if not paid within the specified time;
      (4)   Denial of parking permits; or
      (5)   Refusing to allow the registrations of the vehicle as provided by applicable state law.
   (b)   Provided, however, that no vehicle shall be impounded or immobilized under this article unless:
      (1)   The offender has three or more delinquent unpaid citations; and
      (2)   Written notice is mailed to the registered owner of the vehicle at least 14 days before the vehicle is impounded or immobilized, said notice to inform the registered owner of the vehicle’s eligibility of immobilization or impoundment. Said notice shall also inform the owner of his or her right to submit information to the hearing officer regarding the propriety of the immobilization or impoundment of the vehicle.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 4, passed 8-30-1988; Ord. 19947-10-2011, § 1A, passed 10-25-2011)
§ 10-23 PROCEDURES FOR IMMOBILIZATION AND/OR IMPOUNDMENT.
   (a)   When a vehicle is found parked, whether legally or illegally, at any time upon a public street or public property in the city, and such vehicle has met the criteria for immobilization or impoundment as provided in § 10-22(b), any authorized parking enforcement agent of the city may immobilize the vehicle by the installation on or attachment to the vehicle of a device, or boot, designed to restrict the normal movement of the vehicle. In the alternative, such vehicle may be towed and impounded, provided that the towing and impoundment is authorized at the direction of a peace officer.
   (b)   At the time of immobilization, the agent shall also conspicuously attach to the vehicle a written notice on a form provided by the city, said notice to contain the following information:
      (1)   Notice that the vehicle has been immobilized pursuant to this article, and that attempted movement may cause damage to the vehicle;
      (2)   That release of the vehicle may be obtained at a designated place;
      (3)   That there is a right to a hearing regarding the immobilization; and
      (4)   That the vehicle may be towed and impounded after a designated period of time.
   (c)   Any vehicle which remains immobilized after 6:00 p.m. may be towed and impounded.
   (d)   In the event that a vehicle is towed and impounded, the owner thereof shall be responsible for payment of applicable fees for towing, impoundment and storage in addition to the fines, costs and fees provided for herein. Towed vehicles that are not redeemed within 30 days shall be subject to disposition in the manner provided by Chapter 22 of this code.
   (e)   This section is to be cumulative of existing law, and nothing herein shall be construed to restrict or limit the right to tow and impound vehicles under other applicable law.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 5, passed 8-30-1988)
Cross-reference:
   Abandoned and junked vehicles, see §§ 22-301 et seq.
§ 10-24 BOOT REMOVAL.
   (a)   The registered owner of an immobilized or impounded vehicle, or other authorized person, may secure the release of the vehicle upon:
      (1)   Payment of the amount of the fine and late fees, if any, for each delinquent parking citation plus the applicable boot fee and/or towing and storage fees; or
      (2)   The posting of a cash bond in the amount of such fines, late fees, boot fees and/or towing and storage fees to ensure appearance at the boot hearing.
   (b)   Payment of the fines, late fees, boot fee and any towing and storage fees shall constitute a waiver of the right to contest such fines and fees.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 6, passed 8-30-1988)
§ 10-25 BOOT HEARING.
   (a)   The registered owner of an immobilized or impounded vehicle shall have the right to a prompt post-immobilization hearing (“boot hearing”) before the hearing officer.
   (b)   The request for a boot hearing shall be made in writing on a form supplied by the city.
   (c)   The boot hearing shall be held within 48 hours following the written request therefor, excluding Saturdays, Sundays and city holidays, at the public safety and courts building, or at such other convenient and reasonable place as the hearing officer may direct.
   (d)   The issue to be determined at the boot hearing is whether the immobilization was authorized by law.
   (e)   The immobilization of a vehicle is valid if it complies with the requirements of this article, unless the registered owner can establish:
      (1)   That he or she was not the registered owner or the operator of the vehicle at the times in question; or
      (2)   That he or she did not receive notice as required by law.
   (f)   The determination of the hearing officer at the boot hearing is final and shall not be subject to appeal.
(Ord. 10107, § 2, passed 5-3-1988; Ord. 10160, § 7, passed 8-30-1988)
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