HomeMy WebLinkAboutOrdinance 11197i
ORDINANCE N0. ~~
AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, APPROVING
RESOLUTION N0. 92-09-194 ADOPTED BY THE DALLAS-FORT
WORTH INTERNATIONAL AIRPORT BOARD ON SEPTEMBER 3, 1992,
AMENDING SECTION 4 OF CHAPTER THREE OF THE CODE OF RULES
AND REGULATIONS OF THE DALLAS-FORT WORTH INTERNATIONAL
AIRPORT BOARD, AS AMENDED, BY ADDING A NEW DEFINITION OF
SOLICITATION AND RECEIPT OF FUNDS, BY ADDING A DEFINI-
TION OF SURVEY, BY ADDING A NEW PARAGRAPH 2 PROHIBITING
SOLICITATION AND RECEIPT OF FUNDS AND THE TAKING OF
SURVEYS WITHIN DFW AIRPORT'S PASSENGER TERMINALS AND BY
DELETING PREVIOUS REFERENCES TO PERMITTED SOLICITATION;
PROVIDING A PENALTY NOT TO EXCEED $200.00; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Section 8.F. of the 1968 Contract and Agreement, as
amended, between the City of Fort Worth, Texas, and the City of
Dallas, Texas, provides that the Dallas-Fort Worth International
Airport Board shall have the power, by a duly adopted order, to
adopt and enforce rules and regulations for the orderly, safe,
efficient and sanitary operation of the airport and to prescribe
reasonable penalties for the breach of any rule or regulation not
to exceed a $200.00 fine; and
WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and
Section 8.F. of the 1968 Contract and Agreement, as amended,
provide that such orders by the Dallas-Fort Worth International
Airport Board shall become effective only upon approval of the
governing bodies of the Cities of Dallas and Fort Worth and proper
publication; and
WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth
International Airport Board, on October 5, 1971, passed, approved
and ordered Resolution No. 71-172, adopting the Code of Rules and
Regulations of the Dallas-Fort Worth International Airport Board,
which regulates traffic, travel and conduct within the Dallas-Fort
Worth International Airport and establishes certain procedures for
the adoption of additional rules, regulations and orders; and
WHEREAS, in accordance with Section 3 of Chapter Five of the
Code of Rules and Regulations of the Dallas-Fort Worth
International Airport Board, the Airport Board has requested that
the city councils of the Cities of Dallas and Fort Worth approve
its Resolution No. 92-09-194 in order that it may become effective
as stated by law and in the Code of the Airport Board;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH;
SECTION 1.
That all of the declarations and findings contained in the
preambles of this ordinance are made a part hereof and shall be
fully effective as a part of the ordained subject matter of this
ordinance.
SECTION 2.
That Resolution No. 92-09-194 of the Dallas-Fort Worth
International Airport Board, a copy of which is attached hereto as
Exhibit "A" and made a part of this ordinance by reference, is
hereby approved.
SECTION 3.
That, after publication of a substantive statement relating
to the contents of Resolution No. 92-09-194 of the Dallas-Fort
Worth International Airport Board in a newspaper of general
circulation in each of the counties of Tarrant and Dallas, stating
-2-
that a breach of any provision of Resolution No. 92-09-194 will
subject the violator to a penalty and stating that the full text
of Resolution No. 92-09-194 and any attachments to it are on file
in the principal office of the Airport Board to be read by any
interested party, Resolution No. 92-09-194 shall thereafter have
the same force and effect within the boundaries of the Dallas-Fort
Worth International Airport as an ordinance by the City Council of
the City of Fort Worth would have in the City of Fort Worth, and
the penalty shall be enforced in the same manner in which pen-
alties prescribed by other ordinances of the City of Fort Worth
are enforced.
SECTION 4.
That the sections, paragraphs, sentences, clauses and phrases
of this ordinance and Resolution No. 92-09-194 are severable, and,
if any phrase, clause, sentence, paragraph or section shall be
declared unconstitutional or invalid by the valid judgment or
decree of any court of competent jurisdiction, the unconstitu-
tionality or invalidity shall not affect any of the remaining
phrases, clauses, sentences, paragraphs and sections of this
ordinance or Resolution No. 92-09-194, since the same would have
been enacted without the incorporation of any unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5.
That this ordinance shall take effect immediately from and
after its passage and publication as required by law, and in
-3-
accordance with the provisions of the Charter of the City of Fort
Worth, and it is accordingly so ordained.
APPROVED AS TO FORM AND LEGALITY:
C9.~
City Attorney
Date : ~~ ~ ~ ~' ~ ~ ~ ~
ADOPTED : ~ ~ -- ~ '
EFFECTIVE:
-4-
DALLAS N'ORT ~'VORTII INTERNATIONAL AIRPORT BOARD
OFFICIAL BOARD ACTION/RF.SOLUTION
I Date I Subject Amendment of Airport Rules and Regulations Regarding I Resolution No
09/03/92 Solicitation of Funds and Surveys 92-09-194
Recommended Action: Amend the Airport Code of Rules and Regulations to prohibit solicitation of funds and
conducting of surveys in AirpoR terminal buildings.
Description:
• This action would make it a violation of the Airport Board's Code of Rules and Regulations to solicit immediate,
in-person donations or to conduct surveys in the terminals
Justification:
• In ISKCON v Lee, the Supreme Court recently held that Airport terminals are not traditional public forums under
the First Amendment and that a ban on solicitation of immediate, in-person donations in such terminals was
constitutionally permissible.
• The Court upheld such a ban because of the interference with connecting passenger traffic that such 'solicitation
transactions caused and because of the higher risk of fraud inherent in such hurry-up solicitations
• The conduct of surveys involves the same type of disruptive transaction
• This action will facilitate smooth flow of pedestrian traffic in the terminals
Additional Information:
• Per the Supreme Court's ruling, literature distribution not involving a solicitation of immediate, in-person donations
must continue to be allowed
• This action will also require approval by the Fort Worth and Dallas City Councils
• Tenants will still be permitted to conduct surveys in Airport terminal space leased exclusively to them by the Airport
Board
Schedule/Term:
N/A
Funding Source(s):
N/A
Committee:
For information contact:
Gary Keane 574-3160
Contract No(s).:
N/A
Action Amount:
Purchase Order No(s).:
N/A
Agreement No(s).:
N/A
Revised Amount:
57
EXHIBIT "A" - PAGE 1
RESC~Ll1Tl NO yt-uy-iy4
BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD:
SECTION 1 -That Chapter 'Iliree, Personal Conducs, Section 4, "Standards for Fund Solicitation and
Distribution of Literature of the Dallas-Fort Worth International Airport Board Code of Rules and Regulations"
be amended as shown on the attached in order to prohibit solicitation of immediate, in-person donations and the
conducting of surveys in Airport terminal buildings
SECTION 2 - 'Ibat the Executive Director is hereby directed to forward this Resolution to the City Councils of
Dallas and Fort Worth for their approval and to any other city within whose boundaries enforcement hereof will
be sought, for its (their) adoption. ,
This Resolution shall take effect immediately upon its passage.
Approv o Form:
General Counsel
g 8 st
to Signed
SIGNATURES REQUIRID FOR APPROVAL:
Department Director
>P
Date igned
Approved as to Funding (as required):
Director of Finance
Date Signed
Ex tive~Directo
6
Date Signed
CHAPTER THREE
PERSONAL CONDUCT
SECTION 1. GENERAL • STA'L'E LAW
The provisions of this Chapter shall not be construed as Limitations upon the civil or criminal
taws of this State which are in full force and effect within the areas under the control and
junsd~ction of the Airport Board.
SECTION 2. RESTRICTED AREAS
(1) The Airport Board shalt have authority to designate'Restricted Areas' within the
Airport. The Air Operations Area is expressly declared to be a "Restricted
Area.'
(2) A person commits an offense if he enters or travels, in a vehicle or on foot, upon
any area designated by the Airport Board as a "Restricted Area,' without specific
authorization from the Executive Director or pursuant to a lawful escort. A
person authorized to enter a 'Restricted Area' commits an offense if he enters or
exits at any location which is not designated for entrance to or exit from such
'Restricted Area.'
(3) A person commits an offense if he is found within any Restricted Area of the
Airport and fails or refuses to produce proper identification upon the request of
an Airport Public Safety Officer, or any other authorized representative of the
Airport Board.
SECTION 3. ANIMALS
A person commits an offense if he brings any animal on the Airport, or permits or causes the
same to be brought thereon; provided, however, that this section shall not apply to a 'seeing-
eye' dog accompany a blind person, or to animals properly confinod for shipment or to animals
used !or law enforcement purposes.
SECTION 4. STANDARDS FOR FUND SOLICITATION, C(?N`Dt~C!'~ O~~S~t'~YS;; AND
DISTRIBUTION OF LITERATURE
(I) Definitions:
(a) SOLICITATION
a face=o-i"aae "request
.....:.::.::::.;...;.~.x;.:.::::.;:.:.,::::~.~~::..
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PROPOSED
-S ts-~e€med-sg-9oel~g
EXHIBIT "A" - PAGE 3
58
of money or anything of value.
~-
(b) LITERATURE is defined as books, pamphlets. handbills, tracts, cards,
circulars, pictures, films, magazines, or any other items.
(c) TERMINAL SECTION is defined as the Connoctor Building bctwoett
Airport Terminals 2E and 3E and the A, B, and C Sections of Level 2 of
Terminals 2E, 3E, 4E and 2W.
(~ SURVEY is defined as the act of c~peatod in•persoii polling of gtustioning
of persons for the purpose of obtaining information related to, ~ndlot
securing opinions or viewpoints on, Tissues;, candbdacies, products_ot
services:
~~.~...M.•~e..y.......... '. • • •. ...... •~. ~.. y ~ .r
(2) No person may. engage to the Sol~ataUon and Receipt of Funs or"tn the~conduct
of a Survey wlth~n a passenger terminal at the Airport. Nothrag'herein shall be
construed to prohibit the conduct of a Survey by or on behalf of~an A'upott tenant
in that part:Of:an.Air~ort passenger terminal exclusively, leased to that tenant by
_.. ....
tte Ai ~ ~` ~`~ w .
....:art ~.
E~(3~ Permits; No person may ' ' distribute literature
without a permit issued by the Executive Director of his representative. An
application shall be submitted to the Executive Director at least thret (3) days in
advance of the first day sought for selie+tat':~-e~ler literature distribution,
excluding Saturdays, Sundays, and legal holidays, and shall include the following:
(a) the full name and sveet address of the applicant;
(b) the full name and street address of the organization sponsoring,
conducting, or promoting the seliei~atier~ distn~ution;
(~) whether the sponsoring organization is a branch or division of a national
organization and, if so, the name and street address thereof;
(~ if the sponsoring organization is a Texas corporation, a copy of its
Corporate Chaster, as amended, shall be furnished; if it is a foreign
corporation, a copy of its Authorized Certificate to do business in the
State of Texas shall accompany the application;
e .,:the date or dates and hours of the selie~tien-ate literature distribution.
~(4~ The Permit will be issued within three (3) days of receipt of the Application,
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`_
EXH I: B I T "A" - PAGE 4
59
excluding Saturdays, Sundays and 1egaJ holidays, prov,ded, however, tha! permit
application may be denied or a permit granted hcrcundcr revoked it one or more
of the statements in the application is found to be untrue.
(4j(S) 'i"ime, location and manner: When permits are granted, the following rules and
standards will apply:
(a) location: Permittees will not be permitted to conduct the activity for which
the Permit is issued (1) in Airport roadways, Q2) inside airline gate
departure lounges, (3) in areas restricted to airline or Airport personnel,
{4) in restrooms, (S) in premises leased to a concessionaire, (6) in
stairwells, staircases, elevators or escalators, Cn in baggage claim areas,
($) in any area temporarily or permanently restricted for security or
construction reasons to necessary personnel. Permittees may not conduct
such activity wUhin ten (10) feet of any ticket counter, departure lounge
check-in counter or secunty screening point, nor may Permittees selfe+f
~em-et distribute literature to any person waiting in line at those areas or
loading or unloading baggage from a public or private vehicle.
(b) Permits will be issued for a period of not more than thirty (30) days.
(c) manner of operation:
(aa) a person may not engage in selte+tatien-efdlstribution of literature
unless he wears a badge, nameplate, card, or other personal
identification on his upper torso and clearly visible to the public.
'Ii~at identification must state the true and correct legal name of the
person and the organization or cause represented.
(bb) a person s~el~ie+t~g•-~ distributing literature shall, w that
connection, obey all applicable State grad Federal laws and all
applicable Rules and Regulations of the Da11asJFori Worth
International Airport Board.
(cc) distnbution of literature may be
conducted from tables at the following locations and subject to the
following terms:
1. Locations:
(a) Terminal 2W
r) Inside secunty, in front of wall. between
column lines 70 and 71 opposite vending
+, 3-3
EXHT$IT "A" - PAGE 5
60
machines betwan Gates 12 and 13.
,~~
(ii) Inside security, in front of wal! opposite
newsstand betµ•een gates 4 a S.
(iii) Outside security, in front of wall in A-2
entryway on which Ground Transportation
board is located; provided, however, that no
table may be placed in front of the Ground
Transportation board itself.
(b) Terminal 2E
(i) ins-de security, in alcove between gates 7
and 8.
(c) Terminal 3E
() Outside security, in front of glass wall
between A•2 escalator entrance and
telephones.
(ii) Outside security, in front of glass wall
between A-4 escalator entrance and
telephones.
(iii) Outside security, in front of glass wall
between B-2 esca]ator entrance and
telephones.
(v) Outside security, in front of glass wall
between B-4 escalator entrance and
telephones.
(d) Terminal 4E
r) Inside security, in front of the windows
between gates 3 and S, and between column
lines 19 and 20.
(ii) Inside security, in front of the windows
between gates 1 ~ and 13, and between
column fines 52 and 53.
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EXHIBIT "A" - PAGE 6
C,1
(iii) inside security, in front of the wall betwcen
gates 32 and 33, and between column lines
108 and 109.
2. Terms
(a) No pcrmittec may have more than one table at any
one of the locations described above.
(b) No person s~elie~+ng-€u~~ distributing literature
from a table shall leave the table unattended. A
table shall be deemed unattended if it is outside the
view of the person or persons authorized by permit
to set up the table.
(c) Tables permitted hereunder sha11 not be more than
three (3) feet in length or three (3) feet in width.
When erected, the longer sides of the table shall be
aligned parallel to the hallway or wnoourse in
which the table is located. A table placed at the
locations described in 4(cc) (a)~i) and ('u), (b) Ci),
(~? C), (ii), (iii), and ~v) and (d) C) and (iii) shall
be placed no more than two (2) Poet from the wall
in front of which it is permitted to be located. A
table placed at the locations described in 4(ec) (b)
C) and (d) (ii) shall extend no more than one (1)
loot into the concourse from the alcove in which it
is permitted to be placed.
(d) Placement of tables at the locations herein permitted
shall be on a first come first served basis each day.
At locations large enough to accommodate more
than one table under these rules, a permitttt shall
arrange its table, when requested by another
permittee, so as to allow the other permittee to also
place a table at the location.
(e) Tables permitted hereunder shall have legs capable
of being folded under or removed from the table
surface and shall be folded or removed while being
transported through any terminal building.
(fj Placement of tables hereunder is subject to Section
13 of Chapter 'll~ree of the Code of Rules and
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EXHIBIT "A" - PAGE 7
~7
Regulations of the Dallas-Fort Worth International
Airport Board.
(dd) No mare than 4 persons authorized by permit to 9el+cil
ftr~9-et distribute literature shall be authorized to do so in
the secure area of a terming! section at the same time.
Each person wishing to distribute literature er-~aiiei~anAs
must:
(1) Obtain in advancx of four dated tags for the
terminal section in which he desires to ~e+t-fwd
of distribute literature. Such tags shall be available
from 700 a.m. to 5:00 p.m, on a first-come first-
served basis at the Airport's Operations Department
in the DFW Business Center office building
(between North and South bound International
Parkway in the middle of the terminal complex), on
and for each day that the person desires to selteif
€a~~ distribute literature. Only four tags shall
be made available per terminal section per day. No
person may hold more than one tag at a time. Only
the person obtaining the tag as described above may
use it.
(2) Return the tag for one terminal section before
obtaining a tag for another terminal section on the
same day.
(3) Display the dated tag on his upper torso, clearly
visible to the public, while engagod in the permitted
activity in the terminal section and on the date to
which the tag pertains.
(ee) A permittee commits an offense if he stores any literature
or any items used in connection with his literature
distribution in any public use area
of the Airport's terminals. All such literature and material
shall be carried on the person of a permiriee while inside
an Airport terminal building; provided, however, that
where the distribution of literature
is conducted from tables under Section 10 of Chapter Three
of these Rules, the literature or material may be placed or
displayed upon the permittee's table. "'I?tis section shall
not prohibit any person from stowing literature or items in
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EXH I 1B I T "A" - PAGE 8
63
., ti
> -~
such public loct,ers as are provided in the Airport's
passenger terminals."
~(~ Appeal of Permit Denial or Revocatron• When an application for a permit
hereunder is refused or revoked, the Director wilt, within five (S) days of the
denial, excluding Saturdays, Sundays and legal holidays, furnish the Applicant a
wntten explanation of the reason for the denial or revocation. Within five (S)
days of roce~pt of the explanation, the Applicant may submit a written request to
the Executive Director that the Board seek a judicial determination that the Permit
was properly denied or revoked. Within five (S) days following receipt of such
request, excluding Saturdays, Sundays and legal holidays, the Board must apply
to either the United States District Court for the Northern District of Texas or the
appropriate Texas District Court for a judicial determination that the application
was properly denied or revoked. The Board has the burden of showing that the
Application was properly denied or that the Permit was properly revoked.
Upon a judicial determination, an intenm permit will be issued and continue in
force pending an appeal.
If the issue for judicial determination is not heard and decided on the merits by
the Court or otherwise mutually agreed upon by the parties within ten (10) days
after the complaint or petition is filed, then an Interim Permit shall be deemed
issue under this section by operation of law, and all activities proposod to be
carried on in the Application for the original Permit may be carried on as if the
original Permit had been issued, subject to the same restrictions and obligations
under this Ordinance as other permitted activities. The Interim Permit shall be
valid pending a decision in the district court, on any appeal thereof It shall be
a defense to a charge of selteit~g-ef distributing literature without a permit than
an appeal or judicial determination hereunder is pending.
SECTION S. LITTER
A person commits an offense if he places, discharges or deposits in any manner any litter, offal,
garbage, trash, debris, junk or any refuse on the Airport, except at such places and under such
condition is as the Airport Board may, from time to time, prescribe.
SEtrTION 6. OBSTRUCTION TO AYIGATION
A person commits an offense if he operates or releases any kite, balloon, model aircraft, model
rocket or parachute, or other such contrivance upon or above the Airport without written
permission from the Executive Director.
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EXHIBIT "A" - PAGE 9
64
MASTER FILE 11
.,,.,
ACCOUNTING 2 Cam, of Fort worth, Teac~as
TRANSPOk'1'A71ON~PUBLIC WORKS~w
~ n f ER AOMINI$1 KA;~ayor and ~;our~-cil C~-mn~cunicati~m
LA,•a i
~ DATE REFERENCE NUMBER G-99 1 ? I.OG NAME PAGE
~~ _ 11/05/92 12DFW l of 2
I SUBJECT I AERPORTI~ERMINALRBUIBpRTNGOWORCITANTIONNOFI~UNDSAAND CONDUCT~NGUOFSSURDVEYS IN I
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance approving
Resolution No. 92-09-194 of the .Dallas-Fort Worth International Airport Board, which
amends Section 4 of Chapter 3 of the Code of Rules and Regulations of the Dallas-Fort
Worth International Airport Board to ban solicitation of immediate, in-person donations
and the taking of surveys in airport terminal buildings
DISCUSSION:
Amendments to the DFW Airport Board Code of Rules and Regulations (the "Code") require
approval by the City Councils of Fort Worth and Dallas before they become effective.
On September 3, 1992, the Airport Board passed a resolution amending the Code to
prohibit in-person solicitation of funds and the taking of surveys inside DFW Airport's
passenger terminals.. Council approval of that amendment is now requested.
Until recently, most courts had held that the First Amendment prohibited government-
owned airports from banning solicitation of funds in the public areas of their
passenger terminals. Rather, the courts held, such solicitation could only be
subjected to reasonable time, place and manner restrictions that are content neutral
and narrowly tailored to serve a legitimate government interest. For this reason, and
despite many complaints from airlines and airline passengers, solicitation of funds has
historically been permitted by the DFW Airport Board in the public. concourses of DFW's
terminals. However, in June of this year the United States Supreme Court addressed the
issue for the first time. In the case of ISKCON vs Lee, the Court upheld a ban on
solicitation in the airport terminals of the Port Authority of New York and New Jersey.
For the first time, the Court held that airport terminals are not public forums for
purposes of applying First Amendment free speech guarantees. It upheld the ban on
solicitation at issue because of the disruptive effect such face-to-face solicitation
transactions may have on connecting passenger traffic and because of the risk of duress
and fraud inherent in solicitation of persons hurrying to catch flights and who may not
be in town long enough to lodge complaints about unethical or fraudulent solicitation
practices.
For those same reasons, the DFW Airport Board has approved an amendment to its Code of
Rules and Regulations to ban solicitation of immediate, in-person donations in it`s
passenger terminals The Board has also approved a ban on the taking of surveys in
DFW's terminals. Surveys, like solicitations, involve disruptive, time-consuming,
face-to-face transactions that are at odds with the smooth flow of connecting passenger
traffic so necessary at a major hub airport like DFW.
i-~ Printed on recycled paper
City of Fort Worth, Texas
Mayor and Council C,ommu~ication
DATE
11/05/92 REFERENCE NUMBER G-99 1 7 LOG NAME
12DFW PAGE
2 of 2
SUBJECT AMENDMENT TO DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD RULES AND
REGULATIONS TO PROHIBIT SOLICITATION OF FUNDS AND CONDUCTING OF SURVEYS IN
AIRPORT TERMINAL BUILDINGS
Attached is the proposed ordinance which
by the Dallas-Fort Worth International
amendment approved by the Board.
FISCAL INFORMATION/CERTIFICATION:
The recommended action does not involve
Worth.
WA:j incorporates Resolution No. 92-09-194, adopted
Airport Board on September 3, 1992, and the
the expenditure of funds by the City of Fort
Submitte or City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
APPROVED
Ramon Guajardo 6143 C
Originating Department Head ITY COUNCIL
Wade Adkins 7623 from ~OV 5 '~~~
`7
ri1~~ Or
finance No
f~--K-
.
.
For Additional Information ~~s,~J
ContdCt E;f pl at Fazt W rgEh®
f'Ye~tas
Wade Adkins 7623 ,
L~ Printed on recycled paper