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Home My WebLink AboutOrdinance 10029 ~% ORDINANCE NO. D~ AN O RDINANCE AMENDING CHAPTER 3, "AIRPORTS AND AIRCRAFT," OF THE CODE OF THE CITY OF FORT WORTH (1986), AS AMENDED, BY PROVIDING FOR THE ESTABLISHMENT OF FEES FOR THE PARKING OF AIRCRAFT ON CITY-OWNED LANDING FIELDS; PROVIDING FOR THE ISSUANCE OF CITATIONS FOR ILLEGAL PARKING AND OTHER VIOLATIONS ON CITY-OWNED LANDING FIELDS; PROVIDING FOR ENFORCEMENT OF REGULATIONS ON CITY-OWNED LANDING FIELDS BY ANY PEACE OFFICER OR BY THE AVIATION DIRECTOR AND HIS DESIGNEES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING FOR A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. That Chapter 3, "Airports and Aircraft," of the Code of the City of Fort Worth (1986), as amended, is hereby amended by revising Section 3-116 thereof to read as follows: "Sec. 3-116. Parking; fees. "Aircraft shall be parked only in assigned, leased or otherwise properly designated and authorized areas pur- suant to directives of tower .personnel or other appropri- ate airport officials acting under the direction or authority of the Aviation Director. Parked, unattended aircraft shall be chocked or tied down if remaining over- night. No aircraft shall be parked in airline reserved areas or airline gate parking other than regularly sched- uled airline aircraft assigned to use such areas or gates, or unless prior arrangements have been approved by the Aviation Director. No aircraft shall be parked in restricted areas. "The Aviation Director shall establish and maintain a schedule of fees to be charged for the parking of aircraft on the public-use transient apron and on other designated public parking areas. It shall be unlawful to park an air- craft 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 subject the owner or operator of the air- craft to criminal sanctions or may result in the impound- ment of the aircraft 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 vio- lation." SECTION 2. That Chapter 3, "Airports and Aircraft, " of the Code of the City of Fort Worth (1986), as amended, is hereby amended by adding Section 3-163 to read as follows: "Sec. 3-163. Enforcement; penalties. "Any peace officer of the City, the Aviation Director and other regularly appointed employees of the Aviation Department specifically designated by the Aviation Director shall have the right and power to enforce any and all regulations contained in this chapter. Such persons shall have the power to issue citations for any violation of this chapter." SECTION 3. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1986 ), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 4. 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, clause, sentence, -2- •. paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs 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, sentence, paragraph or section. 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 affecting fire safety, zoning and public health and sanitation, including dumping of ref- use, shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense, and shall be fined not more than Five Hundred Dollars ($500.00) for all other violations. Each day that a viola- tion 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 Chapter 3 of the Code of the City of Fort Worth (1986) or any other ordinances affecting airports and aircraft which have accrued at the time of the effective date of this ordinance; and, as to such accrued viola- tions and all pending litigation, both civil and criminal, wheth er pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final dis- position by the courts. -3- ~• 4,° i ., SECTION 7. The City Secretary of the City of Fort Worth is hereby directed to engross and enroll this ordinance by copying the caption and Sections 1, 2, 5, 8 and 9 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 8. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 2, 5, 8 and 9 of this ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Art. 1176b-1, Revised Civil Statutes of Texas. SECTION 9. This ordinance shall be in f u11 force and effect from and after its passage and publication as required by law, and it is so ordained. APP~eCf)1~D AS TO FORM AND LEGALITY: ~" t~Attorn Date : `-~~a~t '~3 " ADOPTED: EFFECTIVE: ., -4- MASTER FItC.U / ~- ACCOUN'fINQ 2 TRnfVSPC'RTATIQN(PUgI.tG.WORd~\` 1Q~~~®~ ~~ _// ~®~~~~ i1 ~®~~~~~~~aJ.~®~ M o rER ADM•INISTRA'TiOPt ~ J V/1lILLL1•(lIV 1//Y l!/L+ AYIATION• 1i DATE REFERENCE SUBJECT ORDINANCE AMENDING CHAPTER 3 OF PAGE 12/22/87 NUMBER **G-7384 HE CITY CODE - PARKING FEES (AIRPORTS ,of 1___ Recommendation It is recommended that the City Council adopt the attached ordinance amending the City Code to provide for the establishment of fees for parking of aircraft on City-owned landing fields and issuance of citations for illegal parking and other violations on City-owned landing fields. Discussion The City of Fort Worth holds five separate transient fueling agreements with the four public fixed base operators (FBOs) at Fort Worth Meacham Airport. When the contracts were initiated in the 1970's, many of the transient aircraft came to the Terminal Ramp for fueling service and overnight parking. The FBOs kept 1 ine personnel on the ramp to greet and serve the traveling public One of the FBOs, Butler Aviation, had its offices and service desk in the Terminal The Butler staff worked diligently to collect the overnight parking fees of which the City received one-half Now that the FBOs have developed their own parking ramps and most transient aircraft operators have become accustomed to going to a private ramp, fewer aircraft come to the Terminal Ramp. As a result, the FBOs have become lax about collecting the fees from those which do Because the FBOs do not actively pursue the collections, some locally based aircraft owners have begun parking on the ramp for free A recent audit of the Aviation Department records reflected the continued reduction of revenues from aircraft parking fees The staff has now devised a system for collecting fees, and the City Attorney has prepared an ordinance to establish a collection procedure, and a penalty for failure to pay same. The ordinance will allow issuance of citations by any City peace officer, the Aviation director or other Aviation Department personnel who are designated by the Aviation Department Prior to the commencement of the City's collection process, all of the FBOs were asked to sign informal agreements relinquishing their right to any portion of the monies collected All have now done so The Aviation Advisory Board recommends City Council approval. DAI wg APPROVED BY CITY_ C4U~~CIL SUBMITTED FOR IF1t CITY MANAGER'S OFFICE BY Ruth Ann McKinney DISPOSITION BY COUNCIL. ^ APPROVED PROCESSED BY ORIGINATING DEPARTMENT HEAD• Ike Thompson C OTHER (DESCRIB +t~ FTARY FOR ADDITIONAL INFORMATION I Thompson 624-1127 CitTT &~>~ca City Of F~xt ~ ~ ~~sxas CONTACT /1UU~ieU UfUilia-t~G tau. /~/_~/c~/