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HomeMy WebLinkAboutOrdinance 10953~;,F~- ORDINANCE NO. D AN ORDINANCE AMENDING CHAPTER 3, "AIRPORTS AND AIRCRAFT", OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED; CHANGING AND ADDING DEFINITIONS; CHANGING THE TITLE OF DIRECTOR OF AIRPORT SYSTEMS; ADOPTING CERTAIN RULES, REGULATIONS, POLICIES AND PRO- CEDURES BY REFERENCE; AMENDING AND ADDING CERTAIN PROVISIONS CONCERNING REGULATION OF CITY-OWNED LANDING FIELDS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING- FOR PUBLICATION IN PAMPHLET FORM; PROVIDING FOR PENALTIES AND FOR PUBLI- CATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION 1. That Article I of Chapter 3, "Airports and Aircraft", of the Code of the City of Fort Worth is hereby amended by changing and adding to Section 3-1, "Definitions", to read as follows: .' "Sec. 3-1. Definitions. The following terms, when used in this chapter, shall have the meanings respectively ascribed to them by this section: AIRCRAFT shall mean any weight-carrying structure for navigation in the air and which obtains support by the dynamic reaction of the air to any obstruction con- nected with the structure. Gliders and ultralights, either powered or unpowered, helicopters, hot air balloons, and airships will be considered aircraft. AIRPORT CERTIFICATION MANUAL OR ACM shall mean the FAA approved manual containing the minimum operating standards of a specific airport, as prescribed in FAR Part 139, for certification of that airport. AIRPORT CERTIFICATION SPECIFICATIONS OR ACS shall mean the FAA approved specifications containing the minimum operating standards of a specific airport, as prescribed in FAR Part 139, for certification of that airport. AIRPORT, AIRPORTS OR AIRFIELD shall mean all of the land, improvements, facilities and development of the Fort Worth Meacham, Alliance, and Spinks Airports, or any other city-owned or operated airport, except for the Dallas-Fort Worth International Airport. :- AIRPORT ROADWAY shall mean those portions of the air- ports designated and made available temporarily or permanently by the Director for vehicular traffic and not located on ground leased by others. AVIATION DEPARTMENT shall mean the Aviation Department of the City of Fort Worth, Texas, the department employing those city employees whose primary task is to administer, operate, and maintain all city-owned and operated airports. AIR OPERATIONS AREA OR AOA shall mean any area of the airport, both public and leased, used or intended to be used for the landing, takeoff, taxiing, or parking of aircraft, or any other area designated so by the Director. AIR TRAFFIC CONTROL OR ATC shall mean personnel, equip- ment, and air traffic control services provided by the Federal Aviation Administration, or other person, firm, or corporation contracted to do so by the City of Fort Worth. AIRCRAFT EMERGENCY shall mean a problem or condition involving an aircraft either in flight or on the ground, which could endanger lives or property. An aircraft emergency can be declared by the pilot, ATC, or other personnel responsible for the safe operation of the aircraft or airport. AIRPORT MANAGER shall mean the specific manager of any city-owned and operated airport, responsible for the efficient administration of a specific city-owned and operated airport. The Airport Manager acts in the absence of the Director, or upon specific instruction of the Director. AIRPORT OFFICIAL shall mean the Director, Airport Manager, Airport Operations Superintendent, Airport Operations Supervisor, or any other Aviation Department employee designated by the Director to be responsible for the safe operation of the airports, and specif- ically designated with the authority to do so by the Director. AIRPORT RESCUE AND FIREFIGHTING OR ARFF shall mean the primary airport firefighting personnel and equipment responding to emergencies on the airports. DIRECTOR shall mean the Director of Airport Systems of the Aviation Department, the appointed head of the Aviation Department, being responsible for the adminis- tration, operations, and maintenance of all city-owned and operated airports. 2 ~~ `I EMERGENCY shall have the same m e a n i n g a s A i r c r a f t Emergency, supra. FAR shall mean the Federal Aviation Regulations found in Title 14, Code of Federal Regulations. FAA shall mean the Federal Aviation Administration. GROUND TRANSPORTATION BUSINESS shall mean the pursuance of the occupation of transporting passengers, material, or baggage for hire, either within the airport or from or to the airport from or to the points outside the airport. GROUND VEHICLE OPERATION HANDBOOK shall mean the hand- book approved by the FAA governing operations of motor vehicles on an airport. HELICOPTER shall mean any rotorcraft which depends prin- cipally for its support and motion in the air upon the lift generated by one or more power driven rotors, rotating on substantially vertical axes. HELIPORT shall mean any area of land or water or a structural surface which is used or intended to be used for the landing and takeoff of helicopters and any appurtenant areas which are used or intended to be used for heliport buildings and other heliport facilities. The term shall also include helistop. LANDING FIELD shall mean any place, on land or water, where aircraft may land, be repaired, take on fuel or take off, but shall not include facilities for the exclusive use of helicopters. MOVEMENT AREA shall mean the runways, taxiways, and other landing areas of the airport which are utilized for taxiing, hover taxiing, air taxiing, and landings and takeoffs of aircraft, exclusive of ramp areas. OPERATOR shall mean any person who pilots, controls, or maintains, either directly or indirectly, an aircraft, landing field, heliport, or vehicle. PERSON shall mean any individual, firm, partnership, corporation, association, company (including any assignee, receiver, trustee, or similar representative thereof), or the United States of America or any foreign government, state, or political subdivision thereof. RESTRICTED AREA shall mean any portion of the airport to which no ingress is permitted except upon specific authorization by the Director. 3 jl. RAMP OR RAMP AREA shall mean those portions of the air- port, both public and leased, designated for the parking and/or storage of aircraft. RUN-UP shall mean any operation of a stationary air- craft engine above idle power except to overcome inertia for taxiing. VEHICLE OR MOTOR VEHICLE shall mean any automobiles, golf carts, trucks, buses, motorcycles, horse-drawn vehicles, bicycles, push carts, fuel servicing vehicles, tugs, or any other device in or upon or by which any person or property is or may be transported, carried, or drawn upon land, excepting aircraft and railroad rolling equipment or other devices running only on stationary rails or tracks. VEHICULAR PARKING AREA shall mean those portions of the airport designated and made available temporarily or permanently by the Director for the parking of vehicles but not including parking areas under lease to others." SECTION 2. Division I, "Generally", of Article V, "Regulations Governing City-owned Landing Fields", of Chapter 3 of the Code of the City of Fort Worth, is amended by changing Section 3-81 and Section 3-84 to read as follows: "Sec. 3-81. Title. "The rules set out in this article are adopted for the regulation of any city-owned airport which is exclu- sively situated in the City (hereinafter called 'Airport'). These rules may be cited as 'Fort Worth Airport Rules and Regulations."' "Sec. 3-84. Federal Aviation Administration regulations and procedures. "(a) All flight and ground aircraft operations and vehicle operations at an airport shall be conducted in accordance with FAA rules and regulations and FAA approved policies and procedures for aircraft and air- ports, and now in effect or hereafter promulgated, which rules, regulations, and procedures are incorpo- rated into this Code by reference. "(b) Any ACM or ACS now in effect or hereafter adopted for an airport, upon adoption, is incorporated into this Code by reference." 4 SECTION 3. Division 2, "Regulation of Vehicles", of Article V of Chapter 3 of the Code of the City of Fort Worth is amended by changing Section 3-98(a) and (b) to read as follows and by redesignating certain subsections as follows: "Sec. 3-98. Parking. "(a) It shall be unlawful to park a vehicle or to permit the same to remain standing within the bound- aries of the airport except at such places and for such periods of time, and upon payment of such parking fees and charges, as may from time to time be prescribed by the City Council and so indicated by the posting of appropriate signs or installation of parking meters; provided, however, that an airport official, at such times as are necessary for the safety or security of the airport, may require that the owner or operator of a vehicle immediately move same to a location desig- nated by the airport official. "(b) Any vehicle which is disabled or which is parked in violation of this section or which represents an operational hazard at the airport may be removed or towed and impounded, all at the operator's or owner's expense and without liability for any damage to the vehicle which may ensue from such removal or towing. Such expense shall be a lien against the vehicle and payment in full therefor shall be a prerequisite to the reclaiming of the vehicle by the operator or owner." The following sections shall be redesignated. Current Section Redesignation 3-98 (b) 3-98 (c) 3-98 (d) 3-98 (e) SECTION 4. 3-98 (c) 3-98 (d) 3-98 (e) 3-98 (f) Division 2 of Article V of Chapter 3 of the Code of the City of Fort Worth is amended by adding sections to read as follows: "Sec. 3-103. Condition of Vehicles. "(a) It shall be unlawful for any person to operate a vehicle on the airport unless such vehicle is 5 in compliance with all licens i n g a n d r e g i s t r a t i o n requirements of state and federal law applicable to the type of vehicle. "(b) It shall be unlawful for any person to operate on the airport any vehicle in which any of the following are not operable: Headlights; Tail lights; Tires; Mirrors; Horn; Any other device which bears on safe operation of the vehicle. "(c) No vehicle maintenance shall be performed in any public area, either aeronautical or non- aeronautical use, without prior consent of the Director. "Sec. 3-104. Vehicle Communications. "(a) It shall be unlawful for any person to operate a vehicle on the movement area of the airport unless the vehicle is equipped with a two-way radio capable of communicating with the ATC tower. "(b) Unless prior written permission has been granted by the Director, no person shall operate a vehicle on the movement area of the airport unless the vehicle is in contact with the ATC tower, by way of two-way radio, or is under escort by a vehicle which is in such contact. "Sec. 3-105. Access to Airport Property. "Notwithstanding anything in this division, the Director or his designee may restrict the access of any vehicle or person to any part of the airport, both public and leased, to ensure the safety or security of the airport." SECTION 5. Division 3, "Regulation of Aircraft", of Article V of Chapter 3 of the Code of the City of Fort Worth is hereby amended by changing Sections 3-116 and 3-118 to read as follows: "Sec. 3-116. Parking; fees. "(a) Parked Aircraft. Aircraft shall be parked only in assigned, leased, or otherwise properly designated 6 and authorized areas. Parked and unattended aircraft shall be chocked or tied down if remaining overnight. No aircraft shall be parked in restricted areas without the permission of an airport official. "(b) The director shall establish and maintain a sched- ule of fees to be charged for the parking of aircraft on the public-use transient apron and on other desig- nated public parking areas. It shall be unlawful to park an aircraft on any such public parking area between the hours of 12:00 midnight and 6:00 a.m. unless the required overnight parking fees have been paid. Failure to pay the required parking fee may sub- ject the owner or operator of the aircraft to criminal sanctions or may result in the impoundment of the air- craft as hereinafter provided. If any aircraft is found parked in violation of this section, and the identity of the operator cannot be determined, the owner, or person in whose name such aircraft is regis- tered, shall be held prima facie responsible for such violation." "Sec. 3-118. Accidents; damaged property; repairs to aircraft. "(a) All accidents, incidents or damage of any nature involving aircraft or vehicles shall be reported to the Director as soon as possible after the occurrence of same. "(b) Any damage to airport installations, equipment or property as a direct or indirect consequence of flight operations shall be, prima facie, the responsibility of the owner of the aircraft causally related to such damage. Repair of such damage shall be ordered and accomplished by the airport manager by sending an invoice covering the cost thereof, payable upon receipt, to the responsible owner. "(c) The owner of a damaged or disabled aircraft shall promptly remove it from any portion of the Movement Area, unless otherwise directed by the FAA, NTSB or an airport official. Failure of the owner or operator to so remove an aircraft may result in removal by the Aviation Department, and all expenses of this removal will be the responsibility of the owner. "(d) Damaged or disabled aircraft parked or stored in an authorized, assigned, leased or otherwise properly designated area in excess of thirty (30) days without undertaking repair or restoration thereof to operable condition will, in the absence of special arrangements with and permission of the airport manager, be deemed 7 abandoned aircraft and subjec t t o i m p o u n d m e n t a s illegally parked aircraft under Section 3-117. "(e) Repairs to aircraft damaged while in motion or parked on the airport are the sole responsibility of the owner. The owner or operator accepts the premises as is and receives no assurances .from the City, other than those required by the Federal Aviation Administration and leases that may be in effect on the Airport. "(f) No repairs to or maintenance of aircraft shall be performed on any public area of an airport, unless authorized by the Director." SECTION 6. Division 3 of Article V of Chapter 3 of the Code of the City of Fort Worth is hereby amended by changing Section 3-121 and by adding Sections 3-122, 3-123, and 3-124, to read as follows: "Sec. 3-121. Aircraft operations - generally. "(a) All aircraft operations shall be conducted in accordance with current Federal Aviation Administration Rules and Regulations. All persons operating an air- craft shall have all licenses, registrations, certifi- cates and other required documentation available on their person, or in the aircraft, in accordance with same. "(b) Traffic Patterns. All aircraft shall follow the instructions of ATC concerning in-flight traffic patterns for any and all runways at the airport. During periods that ATC services are not provided, aircraft shall adhere to the traffic patterns estab- lished and designated by the indicators located at the segmented circle, or as specified in Federal Aviation Regulation PART 91. "(c) Authority to Prohibit Operations. Except for emergency landings, the Director may prohibit aircraft landings and takeoffs at any time and under any circum- stances which he/she deems likely to endanger persons or property." "Sec. 3-122. Aircraft movement. "(a) Takeoffs and Landings. No aircraft shall land at or take off from the airport without permission from ATC, during hours that ATC services are provided. During hours that ATC services are not provided, 8 ~~ landings and takeoffs will be at pilots' discretion and in accordance with all Federal Aviation Regulations for operating aircraft on an uncontrolled airport. "(b) Taxiing. No person shall taxi an aircraft on any portion of the movement area without permission of ATC, during hours that ATC services are provided. During hours that ATC services are not provided, taxiing will be at pilots' discretion and in accordance with all Federal Aviation Regulations for operating aircraft on an uncontrolled airport. No aircraft shall be taxied into or out of a hangar under its own power. "(c) Aircraft lights. All aircraft which are being taxied, towed or otherwise moved at the airport shall have running lights on during the hours of darkness and during periods of reduced visibility." "Sec. 3-123. Aircraft noise. "(a) Noise abatement. All persons operating an air- craft will at all times adhere to any and all Noise Abatement Procedures in effect at the airports, except in the case of an emergency. "(b) Engine run-ups. No person shall run up any air- craft engine at the airports except in a place desig- nated for such purposes by the Director, and no maintenance run-ups shall be conducted between the hours of 12:00 midnight and 6:00 a.m. At no time shall any person run up any aircraft engine in such a position that hangars, shops, other build- ings, parked vehicles or persons are in the path of propeller or jet blast. No aircraft engine may be run up within 100 feet of any building on the airport." "Sec. 3-124. Miscellaneous operational regulations. "(a) Radar. Surveillance radar equipment in aircraft shall not be operated within 300 feet of any fuel ser- vicing or other operation in which flammable liquids or vapors may be present or created. "(b) Passenger loading. All loading and unloading of passengers on air carrier or chartered air carrier air- craft operating under the rules of FAR PART 121 shall be performed at the designated public terminal building only, unless otherwise approved by the Director not less than 24 hours in advance. 9 d SECTION 7. Division 4, "Personal Conduct", of Article V of Chapter 3 of the Code of the City of Fort Worth is hereby amended by adding Section 3-149 and Section 3-150, to read as follows: "Sec. 3-149. Tampering with private or Fublic property. "It shall be unlawful to tamper with or obstruct the operation of private or public property at an air- port in any manner which may result in damage to per- sons or property." "Sec. 3-150. Smoking prohibited. It shall be unlawful for any person to possess a burning tobacco product within the AOA." SECTION 8. Division 5, "Enforcement", of Article V of Chapter 3 of the Code of the City of Fort Worth shall be retitled, "Fueling and Fire Safety", and the existing Division 5 shall be redesignated as Division 6, and the sections thereof shall be redesignated as follows: Current Section Redesignated Section 3-161 3-168 3-162 3-169 3-163 3-170 so that the new Division 5 shall read as follows: "DIVISION 5. AIRCRAFT FUELING AND FIRE SAFETY. "Sec. 3-155. Uniform Fire Code adopted. "The provisions of Article 24 of the Uniform Fire Code of 1982, "Airports, Heliports and Helistops", and Uniform Fire Code Standard No. 24-1, "Aircraft Fueling", are hereby adopted as a part of this Code, by reference. The Uniform Fire Code and the Uniform Fire Code Standards are on file in the office of the City Secretary. 10 ;~ "Sec. 3-156. Fueling Servicing operations; location. "All fuel servicing operations shall be performed outdoors at locations designated by the Director. "Sec. 3-157. Same - Aircraft engines. "The engine of an aircraft may not be operated while the aircraft is being fueled, except as autho- rized by officials of the Fort Worth Fire Department. "Sec. 3-158. Same - Bonding and grounding. "During fuel servicing, all aircraft and fuel ser- vicing vehicles, hydrants, pits, cabinets and nozzles shall be electrically bonded to each other and grounded before fuel flow starts. "Sec. 3-159. Same - Fire hazards. "(a) Open flames. No open flames or lighted open flame devices shall be permitted within 50 feet of any fuel servicing operation or fueling equipment. "(b) Lightening precautions. All fuel servicing opera- tions shall be suspended when lightening discharges occur in the immediate vicinity of the airport. "(c) Fuel spills. Spills or leaks of fuel which flow over an area in excess of ten feet in any dimension shall be reported immediately to the airport ARFF sta- tion. "(d) Electrical switches. No electrical switches of any type shall be operated within fifty (50) feet of any fuel servicing operation or fuel servicing vehicle. "Sec. 3-160. Same - Air carriers. "During fuel servicing operations of any air carrier or chartered air carrier aircraft, operating under FAR PART 121, a qualified flight attendant must be present in the cabin if passengers are present in the cabin. "Sec. 3-161. Fuel servicing vehicles; storage and parking. "(a) No fuel servicing vehicle shall be parked or stored inside of any building unless approved by the Fort Worth Fire Department. "(b) No fuel servicing vehicle shall be parked within ten (10) feet of another vehicle, and shall be parked 11 .q' t- in a manner which will allow for rapid dispersal of vehicles in the event of any emergency. "(c) No fuel servicing vehicle shall be parked within five hundred (500) feet of any hotel/motel complex nor within fifty (50) feet of any other building or struc- ture on any airport. "Sec. 3-162. Same - smoking. "(a) It shall be unlawful to possess a burning tobacco product within a fuel servicing vehicle. "(b) The cab of each fuel servicing vehicle shall be equipped with a sign bearing the words "NO SMOKING". "(c) Owners of fuel servicing vehicles which contain smoking equipment, such as ash trays and lighters, shall have such equipment removed or rendered inoper- able. "Sec. 3-163. Same - Fire extinguishers. "Each fuel servicing vehicle shall have two listed extinguishers, each having a rating of 20B, mounted one on each side of the vehicle." SECTION 9. Chapter 3 of the Code of the City of Fort Worth is hereby further amended by changing the terms "director of aviation" or "aviation director", where each appears in said chapter, to read "director". SECTION 10. Chapter 3 of the Code of the City of Fort Worth is hereby further amended by changing the term "Fort Worth Airfield Rules and Regulations" where it appears in said chapter, to read "Fort Worth Airport Rules and Regulations". SECTION 11. 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, 12 ~ g;k ? ~w 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, para- graphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sen- tence, paragraph or section. SECTION 12. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the cap- tion and Section 14 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 13. The City Secretary of the City of Fort worth, Texas, is here- by authorized to publish this ordinance in pamphlet form for general distribution among the public, and the operative provi- sions of this ordinance as so published shall be admissible in evidence in all courts without further proof than the production thereof, as provided in Chapter XXV, Section 3, of the Charter of the City of Fort Worth, Texas. SECTION 14. 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 with respect to fire safety and/or public health shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense, and 13 f * v s {' . .~ ~ with respect to all other provisions of this ordinance shall be fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 15. The City Secretary of the City of Fort Worth, Texas, is here- by directed to publish the caption and Section 14 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 16. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: ~ ~~.. City Attor~fey Date : /I . v - 9/ ADOPTED: ~l ~ ~~ ~ // EFFECTIVE: 14 MASYER FILE:lI ACCOUNTING+2 TRANSPORTATION'PUBLIC WORKS+6 v ~ ®~ ~~ ~~~ ~~~~ HATER ADMINISTR i~ a ~,, uuc~ Cou~,cil C,~~yylmunicati~~n AVIATION.T c y ~ DATE 11/12/91 REFEREN E NUMBER G_9381 LO NAME 55CODE PAGE 1 of 1 SUBJECT ORDINANCE AMENDING CHAPTER 3 "AIRPORTS AND AIRCRAFT" OF THE CITY CODE RECOMMENDATION: It is recommended that the City Council approve the adoption of an ordinance updating and revising Chapter 3 "Airports and Aircraft" of the Code of the City of Fort Worth, Texas. DISCUSSION: The last major update of Chapter 3 "Airports and Aircraft" was completed in 1983. Minor changes were made i n 1986. Since that time, many changes in Federal Aviation Administration regulations have taken place, and the City has added two airports to its system Additionally, two of the City's airports have been certified under Federal Aviation Regulation FAR P art 139. The current rules and regulations contained in Chapter 3 of the City Cod e do not meet the minimum compliance standards of Federal Aviation Administration for certified airports. The adoption of these revisions and additions will bring the City into compliance with Federal Aviation Administration regulations RG:k Subroitte for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to 'a j~P'~-{~~--~1.-~~ ~~ "CITY ;-~OV-NG~L Ramon Guajardo 6143 N 0 Department Hea inatin Ori . ter ardi~ance g g Adop '~~OV -~2 -1991 Ramon Guajardo 6143 from formation l I Additi F A"~ ona n or Contact Ike Thompson 624-1127 Citp~Secreiaxp of the - f F it'1tVCrth,'T~ka~ xry o 0 _~ Prirried on regded paper