Loading...
HomeMy WebLinkAboutOrdinance 9836 ORDINANCE N0. ~~ AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, APPROVING RESOLUTION N0. 87-036, ADOPTED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD ON FEBRUARY 19, 1987, AMENDING SECT IONS 4A, 1 7 AND 21 OF CHAPTER THREE OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS-FORT WORTH INTER- NATIONAL AIRPORT BOARD (ADOPTED BY RESOLUTION NO. 71-172), AS AMENDED, BY PROVIDING THAT CERTAIN CONDUCT MUST BE "KNOWINGLY" PERFORMED BEFORE IT VIOLATES CERTAIN RULES; PROVIDING FOR ISSUANCE OF INTERIM PERMITS PENDING APPEAL OF PERMIT DENIALS; DELETING THE REQUIREMENT THAT A PERSON MUST STATE HIS INTENT TO SOLICIT FUNDS BEFORE DISTRIBUTING LITERATURE; PROVIDING A PENALTY NOT TO EXCEED $200; PRO- VIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8.F. of the 1968 Contract and agreement, as amended, between the City of Dallas, Texas, and the City of Fort Worth, 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 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 publica- tion; 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 Resolu- tion No. 87-036 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, TEXAS: SECT ION 1 . That all of the declarations and findings contained in the pre- ambles of this ordinance are made a part hereof and shall be .fully effective as a part of the ordained subject matter of this ordi- nance. SECT ION 2 . That Resolution No. 87-036 of the Dallas-Fort Worth Interna- tional Airport Board, a duly certified copy of which is attached hereto as Exhibit °'A" and made a part of this ordinance by refer- ence, is hereby approved. -2- SECTION 3 . That after publication of a substantive .statement relating to the contents of Resolution No. 87-036 of the Dallas-Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Dallas and Tarrant, stating that a breach of any provision of Resolution No. 87-036 will subject the violator to a penalty, and stating that the full text of Resolution No. 87-036 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. 87-036 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 penalties prescribed by other ordinances of the City of Fort Worth are enforced. SECT ION 4 . That the sections, paragraphs, sentences, clauses and phrases of this ordinance and Resolution No. 87-036 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 unconstitutionality or invalid- ity shall not affect. any of the remaining phrases, clauses, sen- tences, paragraphs and sections of this ordinance or Resolution No. 87-036, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph or section. -3- E SECT ION 5. 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 or Resolution No. 87-036 shall be fined not more than Two Hundred Dollars ($200) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECT ION 6 . All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of any other ordinances affecting the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECT ION 7 . T hat the City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption, penalty clause and effective date of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Revised Civil Statutes, Article 1176b-1. SECT ION 8 . T hat the City Secretary of the City of Fort Worth, Texas, is hereby directed to engross and enroll this ordinance by copying the -4- caption, penalty clause and effective date in the minutes of the city council and by filing this ordinance in the ordinance records of said city. SECT ION 9 . That this ordinance shall take effect immediately from and after its passage and publication as required by law, in 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: City Attorney Date: ~' ~ s -~ ADOPTED: ~'~~~ EFFECTIVE -5- 2-19-87 EXHIBIT "A" RESOLUTION NO. 8!7_036 ~ ' A Resolution of the Dallas-Fort Worth International Airport Board amending Sections 4A, 17 and 21 of Chapter Three, entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, as amended, providing "knowingly" as a description of certain conduct which will violate certain rules; providing for issuance of interim permits pending appeal of permit denials; deleting the requirement that a person soliciting funds state his intent to do so before distributing literature; providing a penalty not to exceed $200.00; providing an effective date. WHEREAS, it is the desire and purpose of the Dallas-Fort Worth International Airport Board to protect the rights of persons engaging in the solicitation of funds and distribution of literature on Airport premises and to protect the public and users of the Airport from unreasonable interference with their use of the Airport°s terminals; NOW, THEREFORE, BE IT RESOLVED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD: SECTION 1. That Section 17, "Noise", of Chapter Three entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board is amended to read as follows (underlined language is new): "It shall be unlawful for any person to knowingly make unreasonably loud and raucous noises, considering the location, inside terminals or other Airport buildings." SECTION 2. That Section 21, "Obstruction of Passage" of Chapter Three entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board is amended to read as follows (underlined language is new): "It shall be unlawful for any person to knowingly obstruct the free passage of persons along Airport sidewalks or into, out of, or within Airport buildings." SECTION 3. That paragraph 5 of Section 4A, '°Standards for Fund Solicitation and Distribution of Literature" of Chapter Three, entitled "Personal Conduct00 of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, is amended to read as follows (underlined language is new, interlineations indicate deletions): Appeal of Permit Denial or Revocations: When an application for a permit hereunder is refused or revoked, the Director will, within five (5) days of the denial, excluding Saturdays, Sundays and legal holidays, furnish the ,Applicant a written explanation of the reason for the denial or revocation. Within five (5) days of receipt of the explanation, the Applicant may submit a written request to the Executive Director that the Board seek a judicial c M i determination that the Permit was properly denied or revoked. Within five (5) days following receipt of sueh 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. 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 issued under this section by operation of law, and all activities proposed 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, and any appeal thereof. dw~i-1 a ~ad~ta~ detefr~~a~ieta bas been made= ~€ etthe~ pasty appeals that fa~~a~ de~e~r~~a~ieaf Abe lta~2~rr~ Pe~r~~ ska~ Eept~de ~e ~e vat dar-~g #k~at aRd aAy sdl~see~deAt appeal. It shall be a defense to a charge of soliciting or distributing literature without a permit that an appeal or judicial determination hereunder is pending. SECTION 4. That paragraph 4(c)(bb) of Section 4A, "Standards for Fund Solicitation and Distribution of Literature" of Chapter Three, entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board is hereby deleted and paraggr~aph 4(cXcc) of that same Section and Chapter is hereby renumbered to become 4(cXbb). SECTION 5. If any segment of this Resolution 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 segments of this Resolution since the same would have been enacted without the incorporation in this Resolution of any such unconstitutional segment. Further, the passage of this Resolution shall in no manner affect any other provisions of the Code of Rules and Regulations of the Dallas- Fort Worth International Airport Board, and all such other provisions shall remain in full force and effect. SECTION 6. That violation of any provision of this Resolution, where an act or failure to act is made unlawful or otherwise prohibited, shall be punishable by a f ine not to exceed Two Hundred ($200.00) Dollars and each day a violation continues shall constitute a separate offense9 provided, however, where the offense is one for which a penalty is fixed by a superior law, the latter shall govern. -2- ~ r. r ^' ~ ' f SECTION 7. This Resolution shall become effective upon approval by the City Councils of the Cities of Dallas and Fort Worth, and after publication of a substantive statement thereof in a newspaper of general circulation in each of the Counties of Dallas and Tarrant. Such notice shall state that a breach hereof will subject the violator to the infliction of a malty and shall state that the full text of this Resolution is on file in the principal office of the Board where the same may be read by any interested parts. PASSED, APPROVED AND ORDERED this Department Director APPROVED AS TO FORM: Legal Counsel 40-87 '~ day of 987. ~~ ~~ ~ Executive Director irector of Finance -3- ' 1 f .MASTER FIL -.: _ ~ ~2~ ® IF®~°~ `~®~°~~. ~-~.~~~ ACCOUNTING ~ SRANSf.ORT91710NlPUBLICS~ ~ n®D° ~~~ ~®lL~1V~(l/ (L~ ~®~~ (I/U/~ I/i1L~LW ~, (L®~ MATER ADMINiSTRATiON 4 lAYdeL DATE REFERENCE suB~ECT REGULATIONS FOR SOLICITATION PAGE NUMBER OF FUNDS AND DISTRIBUTION OF 1 3-4-87 G-6974 LITERATURE AT DFW AIRPORT >or--- RECOMMENDATION It is recommended that the City Council adopt the attached ordinance. BACKGROUND On February 19, 1987, the Dallas-Fort Worth International Airport Board adopted Resolution No. 87-036 amending the Airport Board Code of Rules and Regulations to provide new standards for fund solicitation and distribution of literature at DFW Airport The amendments were adopted by the International Airport Board in accordance with a proposed Compromise Settlement Agreement in a lawsuit filed in 1983 against the Board and the cities of Dallas and Fort Worth (International Caucus of Labor Committees v. Dallas-Fort Worth International Airport Board, CA-3-83-2244-R). The amendments include prohibiting a person from know making loud and raucous noises, prohibiting a person from t ~ f t ie or knowing y o strutting the free passage of other persons, providing issuance of interim permits pending appeal of permit denials, and deleting a requirement that a person state his intent to solicit funds before distributing literature The new regulations wi l l not be effective unti l the City Council s of Fort Worth and Dallas adopt them by ordinance. The International Airport Board has requested that the City Councils adopt such ordinances. WA lyy Attachment APPROVED BY CITY COUNCIL MAR ~ iT 9~~~~ City Secretary of the. City of Fort Worth, Texas SUBMITTED FOR IHt /~ CITY MANAGER'S C , ~ ~' DISPOSITION BY COUNCIL. APPROVED PROCESSED BY OFFICE BY ^ ORIGINATING /j~~ f ~ DEPARTMENT HEAD• dl l/ ,~/ ~"ti"'~'( C OTHER (DESCRIBE) CITY SECRETARY Adopted Ordinance No^ FOR ADDITIONAL INFORMATION CONTACT W Adkins 7606 DATE