HomeMy WebLinkAboutOrdinance 10020~" ~ -
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ORDINANCE NO. OO~~
AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, APPROVING
RESOLUTION NO. 87-296, ADOPTED BY THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD 'ON DECEMBER 14, 19$7, AMENDING
SECTIONS 4A, AND 18 OF CHAPTER THREE OF THE CODE OF RULES
AND REGULATIONS OF THE DALLAS-FORT WORTH INTERNATIONAL
AIRPORT BOARD (ADOPTED BY RESOLUTION NO. 71-172), AS
AMENDED, BY PROVIDING A DEFINITION OF TERMS; PROVIDING A
MEANS OF ALLOCATING AVAILABLE TERMINAL SPACE FOR SOLICI-
TATION OF FUNDS AND DISTRIBUTION OF LI`PERATURE AND OTHER
ITEMS; PROHIBITING THE STORAGE OF LITERATURE OR ITEMS USED
IN CONNECTION WITH DISTRIBUTION OF LITERATURE AND OTHER
ITEMS AND SOLICITATION OF FUNDS N THE PUBLIC USE AREAS OF
THE AIRPORT'S TERMINALS; PROHIBITING THE PLACEMENT IN
AIRPORT TERMINALS OF EASELS, TRIPODS OR ITEMS DESIGNED OR
ADAPTED FOR A SIMILAR PURPOSE; PROVIDING A PENALTY NOT TO
EXCEED $200; PROVIDING 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
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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. 87-296 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:
SECTION 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
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effective as a part of the ordained subject matter of this ordi-
nance.
SECTION 2. '
That Resolution No. 87-296 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.
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SECTION 3.
That after publication of a substantive statement relating to
the contents of Resolution No. 87-296 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. 87-296 will subject the violator to
a penalty, and stating that the full text of Resolution No. 87-296
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. 87-296 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.
SECTION 4.
That the sections, paragraphs, sentences, clauses and phrases
of this ordinance and Resolution No. 87-296 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. 87-296, since the same would have been enacted without the
incorporation of any unconstitutional phrase, clause, sentence,
paragraph or section.
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SECTION 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. 87-296
shall be fined not more than Two Hundred Dollars ($20U) for each
offense. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 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.
SECTION 7.
That 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.
SECTION 8.
That the City Secretary of the City of Fort Worth, Texas, is
hereby directed 'to engross and enroll this ordinance by copying the
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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.
SECTION 9.
That this ordinance shall take effect. immediately from and
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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 Atto//r~~``n~~ey /~ y
Date : 1~ ~~/, ~~~/
ADOPTED: ~~~ ~~~/~>
EFFECTIVE:
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ATTRCHMENT A FOR
' M&C G-7381
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' 12-I4-87
RE-SOLUTION IVO. 87-296
A Resolution of the Dallas-Fort Worth International Airport Board amending
Resolution No. 71-172 entitled "The Code of Rules and Regulations of the Dallas-Fort
Worth International Airport Board, as amended, by amending Chapter Three thereof;
providing a definition of terms; providing a means of allocating available terminal space
for solicitation of funds and distribution of literature; prohibiting the storage of
literature or items used in connection with distribution of literature and solicitation of
funds in the public' use areas of the Airport's terminals; prohibiting the placement in
Airport terminals of easels, tripods or items designed or adapted for a similar purpose;
providing a penalty, a severability and savings clause, and declaring 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 interference with their movement through the Airport's terminals;
NOW, THEREFORE, BE IT RESOLVED BY THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD:
SECTION 1. That Section kA, entitled "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 amended in
paragraph 1(b) to read as follows (underlining indicates new language, interlineation
indicates deletions):
(b). "LITERATURE" is defined as books, pamphlets, handbills, tracts,
cards, circulars, pictures, films, magazines, or any other y(~~j~t¢~ ~~
1~fl~f~~ fi~1~fl~X items.
SECTION 2. That Section 4A, entitled "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 amended by adding
the following paragraph I (c):
(c). "TERMINAL SECTION" is defined as the Connector Building
between Airport Terminals 2E and 3E and the A, B, and C Sections of
Level 2 of Terminals ZE, 3E, 4E and 2W,
SECTION 3. That Section 4A, entitled "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 amended by adding
the following paragraph 4(ee):
(ee). No more than 3 persons authorized by permit to solicit funds or
distribute literature shall be authorized to do so in the secure area of a
terminal section at the same time. Each person wishing to distribute
literature or solicit funds must:
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(1) Obtain in advance one of three dated tags for the terminal
section in which he desires to solicit funds or distribute
literature. Such tags shall be available from 7:00 a.m. to 5:00
p.m. on a first-come first-served basis at Station One of the
Airport Department of Public Safety on and for each day chat
the person desires to solicit funds or distribute literature. Only
three 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 engaged in the permitted activity in the
terminal section and on the date to which the tag pertains.
A person commits an offense if he solicits funds or distributes
literature in any terminal section without having first obtained an
authorized tag for that terminal section and date, as provided in this
section. A person commits an offense if he solicits funds or distributes
literature in any terminal section without displaying an authorized tag
on his upper torso, clearly visible to the public.
SECTION k. That Section kA, entitled "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 amended by adding
the following paragraph (ff).
(ff). A permittee commits an offense if he stores any literature or any
items used in connection with his literature distribution or solicitation
of funds in any public use area of the Airport`s terminals. All such
literature and material shall be carried on the person of a permittee
while inside an Airport terminal building; provided, however, that
where the solicitation of funds or distribution of literature is
conducted from tables under Section !g of Chapter Three of these
Rules, the literature or material may be placed or displayed upon the
permittee°s table.
SECTION 5. That Section 1 g, '7ables and Chairs" 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 "(underlining indicates new language, interlineations indicates
deletions).
SECTION 18. TABLES AND CHAIRS
Except as provided in Section 4 (dd) of Chapter k~ of this Code
of Rules and Regulations, j~ tP~~X~ 1-,¢ ~~~~t tbl ~~,~ ~~>f ~f>~>fi ~~ a
rson commits an offense if he places or maintains a table, bench,
chair, stool, easel, tripod or jX~f ~~~~~~ other item desi ned or
ada ted to serve similar ur oses on Airport premises not
leased to that person by the Airport Board for commercial
or traveler's aid purposes. ~~ ~~ ~ -y..
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SECTION 6. 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 shalt 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 7. The violation of any provision of this Resolution, where an act or failure to
act is made unlawful or is otherwise prohibited, shall be punishable by a fine not to
exceed Two Hundred ($200.00) Dollars, and each day a violation continues shall
constitute a separate offense; provided, however, where the offense is one for which a
penalty is fixed by a superior law, the latter shall govern.
SECTION ~. 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 and the penalty for violation thereof in a newspaper of general circulation in
each of the Counties of Dallas and Tarrant. Such nonce shall state that a breach hereof
will subject the violator to the inflection of a penalty and shall state that the full text of
this Resolution is on file in the principal office of the Board when the same .may be read
by any interested party. '
PASSED, APPROVED AND ORDERED th2s 14th day of December, 1987.
Chairman, Dallas-Fort Worth
International Airport Board
ATTEST:
Staff Secretary
mb523-87
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STATE OF TEXAS ~
COUNTY OF DALLAS ~
COUNTY OF TARRAIVT ~
I, Debbie Singleton, Staff Secretary to the Board of Directors of the Dallas-Fort
Worth International Airport, do hereby certify that the foregoing is a true and correct
copy of Resolution No. 87-296 adopted by the Airport Board December 14, 1987
amending Resolution No. 71-172 entitled "The Code of Rules and Regulations of the
Dallas-Fort Worth International Airport Board, as amended, by amending Chapter Three.
n ~~~
Staff Secretary
Dallas-Fort Worth International Airport Board
(AIRPC~I~T SEAL)
Date: December 14. 1987
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AMENDMENT Tfl REGULATIONS FOR
DATE REFERENCE SUBJECT SOLICITATION Of fUNDS AND PAGE
"UMBER DISTRIBUTION OF LITERATURE AND 1
12/18/87 G-7381 OTHER "7~'Er'IS AT DFW .AIRPORT 1 of
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Recommendation:
It is recommended that the City Council adopt the attached ordinance.
Background•
On December 14, 1987, the Dallas=fort Worth International Airport Board adopted
Resolution No. 87-296 amending the Airport Board Code of Rules and Regulations
to provide new standards for fund solicitation and distribution of literature
and other items at DF W Airport, The amendments include providing a definition
of terms, providing a means of allocating available terminal space for solici-
tation of funds and distribution of literature and other items, prohibiting the
storage of literature or items used in connection with distribution of litera-
ture and other items and solicitation of funds in the public use areas of the
Airport's terminals, and prohibiting the placement in Airport Terminals of
easels, tripods or items designed or .adapted for a similar purpose. The new
regulations will not be effective until the City Councils of Fort Worth and
Dallas adopt them by ordinance. The International Airport Board has requested
that the City Councils adopt such ordinances.
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APPROVED BY
CfTY CUU~NCIL
REC ~~ l9~7
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SUBMITTED FOR IMt
CITY MANAGER'S C ~
~ DISPOSITION BY COUNCIL. PROCESSED BY
OFFICE BY . [] APPROVED
ORIGINATING C OT+IfR (DESCRIBE)
DEPARTMENT HEAD: ]
Wade ArlkinS CITY 'SECRETARY
FOR ADDITIONAL INFORMATION
CONTACT
Wade Adkins 7606
Adopted Ordinance No, a..~! ~
DATE