1999-215F \SHARED\DEPTxLGL\Our Doeuments\Ordlnances\99kDlsabled Parking Appointments doc
OmiN CE NO qq :lS-
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
APPOINTMENT OF QUALIFIED PERSONS TO ENFORCE THE DISABLED PARKING
LAW IN THE CITY OF DENTON, TEXAS AND FILE CHARGES FOR VIOLATIONS OF
SAID LAW, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS
CLAUSE, PROVIDING FOR PUBLICATION, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the Texas Legislature has enacted a statute providing for the designation of
disabled parlang spaces by pohtlcal subdivisions and by owners of property used for parking
which provide penalties for persons who park motor vehicles in disabled parking spaces when
such vehmles do not display a special device or a disabled person identification card, and
WHEREAS, the City Council of the City of Denton, Texas, finds the enfomement of the
disabled parking laws in the City of Denton will be more effective if qualified and trmned
persons are given the authority to file charges when they observe violations of the law within the
city limits of the City of Denton, and
WHEREAS, the Texas Legislature has enacted a statute allowing local authorities to
appoint a disabled or non-disabled person to have the authority to file charges agtunst a person
who violates the law regarchng disabled parking, NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION I. That the Chief of Police or his designee shall have the authority to appoint
any adult person who is a citizen of the United States, is of good moral character, and who has
not previously been convicted of a felony, to enforce the provisions the Texas Transportation
Code, Section 681 0101 in the City of Denton, Texas
~ That each person appointed pursuant to thas Ordinance shall take and
subscribe to an oath of office that is prescribed by the C~ty of Denton
~ That each person appointed pursuant to this Ordinance shall complete an
application and satisfactorily complete a course of training on disabled parking enforcement as
prescribed by the City of Denton Police Department and the appointment shall be for one year
unless rescinded by the Chief of Police
~ Any qualified person so appointed shall have the power to file charges for
wolatlons of 681 of the Texas Transportation Code ~f the wolat~ons occur within the city limits
of Denton and subject to the following hmltat~ons
1 No person so appointed shall be deemed a peace officer, nor an employee of the
State of Texas, Denton County, or the City of Denton
2 Except for the authonty to enforce disabled parking violations, any person
appointed pursuant to tbas ordinance shall have no anthonty other than the authority applicable to
a citizen to enfome a law
3 No person appomted shall possess or carry firearms or other weapons for the
purpose of enfomlng d~sabled parking laws
4 No person appointed shall be entitled to compensation for performing the duties
specified ~n this ordinance
5 No appointed person shall be entitled to any indemnification from the City of
Denton for any injury or property damage sustmned as a result of enforcement actlwtles Each
appointed person shall specffically acknowledge that such person has no rights to any clmm of
~njury or property damage resultmg from disabled parkmg enforcement activities
6 The City of Denton shall not be liable or accountable for any act or omission of
any person appointed to file dmabled parkmg citations pursuant to this Ordinance Each
appointed person shall specifically hold harmless the City of Denton, its employees, officers, and
agents, from liability for any act or omlss~on by such appointed person
SECTION V If any section, subsection, paragraph, sentence, phrase or word in this
ordinance, or appheation thereof to any person or circumstance ~s held lnvahd by any court of
competent junsdmtlon, such holding shall not affect the vahdlty of the remmmng portions of this
ordinance, and City Council of the City of Denton, Texas hereby declares it would have enacted
such remalmng portions despite any such validity
~ That the repeal of any ordinance or any portion thereof by the preceding
sections shall not affect or impair any act done or right bested or accrued or any proceeding, suit
or prosecution had or commenced in any cause before such repeal shall take effect, but every
such act done, or right vested or accrued, or proceedings, stat or prosecution had had or
commenced shall remain ~n full force and effect to all intents or purposes as if such ordinance or
part thereof so repealed shall remain ~n full force
~ That this ordmance shall become effective fourteen (14) days from the
date of its passage, and the C~ty Secretary is hereby directed to cause the caption of this
ordinance to be pubhshed twine m the Denton Record Chronicle, the official newspaper of the
City of Denton, Texas, w~th~n ten (10) days of the date of its passage
PASSED AND APPROVED this the /5-~c--'-~day o f ~/~ ,1999
JAC~
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY