HomeMy WebLinkAboutOrdinance 9352.;
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ORDINANCE N0. ~~
AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS, APPROVING RESOLUTION N0. 85-051 OF THE
DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, WHICH
AMENDS RESOLUTION NO. 71-172, ENTITLED "THE CODE OF RULES
AND REGULATIONS OF THE DALLAS FORT WORTH INTERNATIONAL
AIRPORT BOARD," AS AMENDED BY SUPERSEDING RESOLUTION
~NO. 84-092, BY REPEALING SECTION 4A OF CHAPTER 3 OF SAID
CODE OF RULES AND REGULATIONS AND ENACTING A NEW ~
SECTION 4A, AND BY OTHERWISE AMENDING SAID CHAPTER 3;
PROVIDING A NEW TITLE; DEFINING TERMS; PROVIDING THE
CONDITIONS AND STANDARDS UNDER WHICH PERMITS FOR SOLICITA-
TION AND DISTRIBUTION OF LITERATURE ARE GRANTED; PROVIDING
FOR THE CANCELLATION OF PERMITS; PROVIDING REGULATION OF
THE TIME, LOCATION, AND MANNER OF THE PERMITTED ACTIVITIES
AND PROHIBITING CERTAIN PERSONAL CONDUCT; PROVIDING FOR
APPEALS FROM PERMIT DENIALS; REPEALING ORDINANCE N0. 9109
OF THE CITY OF FORT WORTH; PROVIDING. A PENALTY, A SEVERA-
BILITY AND A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION OF
THE CAPTION, PENALTY CLAUSE AND EFFECTIVE DATE; PROVIDING
FOR ENGROSSMENT AND ENROLLMENT; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, Section 8.F of the Contract and agreement 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 regulations not exceeding more than Two Hundred
Dollars ($200.00) fine; and
WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, and
Section 8.F. of the Contract and Agreement provide that such orders
by said Airport Board shall become effective only upon approval of
the governing bodies of the Cities of Fort Worth and Dallas and pub-
lication as therein provided; 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, which adopts The Code of Rules
and Regulations of the Dallas-Fort Worth International Airport, and
thereby defines certain terms; regulates traffic and travel within
the Dallas-Fort Worth International Airport; prohibits or otherwise
regulates certain personal conduct relating to restricted areas,
animals, soliciting, signs, destruction of property, throwing of
objects, litter, refusal to pay for services, weapons and explo-
sives, fire fighting equipment, kites, organizations, impersonating
an officer,. camping, swimming, picnicking and photography, produc-
tions and polls; establishes certain procedures for the adoption of
additional rules, regulations and orders, and the issuance of
parking and traffic citations; provides for a fine of not to exceed
Two Hundred Dollars ($200.00) for any violation thereof; provides a
severability clause; and provides an effective date; and
WHEREAS, in accordance with Section Three of Chapter Five of
The Code of Rules and Regulations of the Dallas-Fort Worth
International Airport, the Airport Board has adopted Resolution
No. 85-051 and has requested that the City Councils of the Cities of
Fort Worth and Dallas approve its said Resolution No. 85-051 in
order that it may become effective as stated by law and in said
Code;
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-
amble 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.
SECTION 2.
That Resolution No. 85-051 of the Dallas-Fort Worth
International Airport Board, a duly certified copy of which is
attached hereto and made a part of this ordinance by reference, is
hereby approved.
SECTION 3.
That after publication of a substantive statement relative to
the contents of such Board Resolution No. 85-051 of the Dallas-Fort
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Worth International Airport, and the penalty for the violation
thereof, in a newspaper of general circulation in each of the
Counties of Tarrant and Dallas, stating that a breach of any provi-
sion of said Resolution No. 85-051 of the Dallas-Fort Worth
International Airport Board will subject the violator to the inflic-
tion of a penalty and stating the full text of said Resolution
No. 85-051 and any attachments thereto are on file in the principal
office of the Board where the same may be read by any interested
party, the said Resolution No. 85-051 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 said
penalty shall be enforced in the same manner in which penalties pre-
scribed by other ordinances of the City of Fort Worth are enforced.
SECTION 4.
That the sections, paragraphs, sentences, clauses and phrases
of Resolution No. 85-051 are severable, and, if any phrase, clause,
sentence, paragraph or section of Resolution No. 85-051 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, paragraphs
and sections of Resolution No. 85-051, since the same would have
been enacted without the incorporation in Resolution No. 85-051 of
any such unconstitutional phrase, clause, sentence, paragraph or
section; further, the passage of Resolution No. 85-051 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 5.
That the City Secretary of the City of Fort Worth, Texas, is
hereby directed to publish the caption, penalty and effective date
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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 6.
That Ordinance No. 9109 of the City of Fort Worth, adopted by
the City Council on May 29, 1984, be and the same is hereby express-
ly repealed. A11 rights and remedies are expressly saved as to any
and all violations of the provisions of Ordinance No. 9109 or
Resolution No. 84-092 which was adopted therein, which have accrued
at the time of the effective date of this ordinance. As to such
accrued violations and all pending litigation, both civil and
criminal, whether pending in court or not, under such ordinance or
resolution, 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 engross and enroll this ordinance by copying the
caption and penalty clause in the minutes of the City Council and by
filing this ordinance in the ordinance records of said City.
SECTION 8.
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: _
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ADOPTED : ~,~
EFFECTIVE
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STATE OF TEXAS
COUNTY OF DALLA5 !E
COUNTY OF TARRANT ~
,l, Debbie Miller, Staff Secretary to the Dallas-Fort Worth International Airport
Board, custodian of official records, do hereby certify that the foregoing is a true and
correct copy of Resolution No. 85-051 which was passed and adopted by the Dallas-Fort
Worth International Airport Board on March 5, 1985.
WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD, this the 6th day of March, 1985.
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Staff Secretary
Dallas-Fort Worth International Airport Board
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RESOLUTION NO. 85-051
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 superseding Resolution
No. 84-092, by repealing Section 4A of Chapter Three of said Code of Rules and
Regulations and enacting a new Section 4A and by otherwise amending said
Chapter Three; providing a new title; defining terms; providing the conditions and
standards under which permits for solicitation and distribution of literature are
granted; providing for the cancellation of permits; providing regulation of the
time, location and manner of the permitted activities; prohibiting certain personal
conduct; providing for appeals from permit denials; 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 end distribution of literature on Airport premises and to
protect the public and users of the Airport from fraud and misrepresentation; and
WHEREAS, it is the desire of the Dallas-Fort Worth international Airport
F3oard to protect the public health, safety and general welfare; and
WHREAS, Dallas-Fort Worth International Airport Board Resolution No. 84-
092 was not approved by the City Councils of both Dallas and Fort Worth as
required by State law and the Airport Board therefore intends this Resolution to
supersede and replace that Resolution;
NOW, THEREFORE, BE IT RESOLVED BY THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD:
SECTION I. That Dallas-Fort Worth International Airport Board
Resolution No. 84-092 is hereby withdrawn, superseded and replaced.
SECTION 2. That Section 4A, entitled "Standards for Fund
Solicitation Control" of Chapter Three, entitled "Personal Conduct" of the Code
of Rules and Regulations of the Dallas=Fort Worth International Airport Board, is
deleted and repealed, and the following new Section 4A is enacted in lieu thereof:
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"SECTION 4A
STANDARDS FOR FUND SOLICITATION
ND DI TR I N F L TERA URE
I) Definitions:
(a) "Solicitation" is defined as seeking money
donations or donations of anything of value
from the general public.
(b) "Literature" is defined as books, pamphlets,
handbills, tracts, cards, circulars, pictures,
films, magazines, or any other written or
printed material.
2) Permits: No person may solicit money or anything of
value or distribute literature without a permit issued
by the Executive Director or his representative. An
application shall be submitted to the Executive
Director at least three (3) days in advance of the first
day sought for solicitation and/or literature
distribution, excluding Saturdays, Sundays, and legal
holidays, and shall include the following:
(a) The full name and' street address of the
applicant;
(b) The full name and street address of the
organization sponsoring, conducting, or
promoting the solicitation or distribution;
(c) Whether the sponsoring organization is a
branch or division of a notional
organization and, if so, the name and street
address thereof.
(d) If the sponsoring organization is a Texas
corporation, a copy of its Corporate
Charter, 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
oppl icat ion;
(e) The purpose of the solicitation;
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(f) The date or dates and hours of the
solicitation and/or literature distribution.
3) The Permit will be issued within three (3) days of
receipt of the Application, excluding Saturdays,
Sundays and legal holidays; provided, however, that a
permit application may be denied or a permit granted
hereunder revoked if one or more of the statements
in the application is found to be untrue.
4) Time, 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 (I) in Airport roadways, (2)
inside airline gate departure lounges, (3) in
areas restricted to airline or airport
personnel, (4) in restrooms, (5) in premises
leased to a concessionaire, (6) in stairwells,
staircases, elevators or escalators, (7) in
baggage claim areas, or (8) in any area
temporarily or permanently restricted for
security or construction reasons to
necessary personnel. Permittees may not
conduct such activity within ten (10) feet
of any ticket counter, departure lounge
check-in counter or security screening
point, nor may Permittees solicit from or
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
solicitation or distribution of
literature unless he wears a badge,
nameplate, card, or other personal
identification on his upper torso
and clearly visible to the public.
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That identification must state the
true and correct legs! name of the
person and the organization or
cause represented.
(bb) A person who solicits a donation in
connection with the distribution of
Uterature must inform the person
solicited that a donation is
solicited before the literature is
delivered to the prospective donor.
(cc) A person soliciting or distributing
literature shall, in that connection,
obey atl applicable State and
Federal laws and all applicable
Rules and Regulations of the
Dallas-Fort Worth International
Airport Board.
5) Appeal of Permit Denial or Revocation: 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
determination that the Permit was properly denied or
revoked. Within five (5) 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 Boord has the burden
of showing that the Application was properly denied
or that the Permit was properly revoked.
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 issued under
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dais sectio~-~ Isy opEra~2ion of law, and all activities
prsaposed trr h+~ caCried an in the Abp@iPQtic~~: fear thA
original Per~b"rit rnoy be carried on as if the cris,~' final
Permit ~~d 4aeez~ issued, subject to the same
b°estpec;tions rand e'o8igatio~ts under this Ordinac~ce sus
othe~~ permstted activities. The le~terim Permit shall
be valid until a judicial determination has been
made. if either party appeals that judicial
determi~~na,,..~~tirr~~, t!rte Irterirra Permit shall continue to
~~ `i~t.~18 .9 cb6 i,~G 4F G~q BS"r4i~ ~~:~ a~'..~'~~ ~F1b~e~y~~t ~~~p~lr. It
wl";EPI ~'."~~ ~ 6„1~ft~+r~~rs ~'4~ a ~if.'sE"~~' f1~f c~lir;,igpr&~i Ctr
f~i~±rx~'°d1A~itY~ liaer~4ure ~'it~'t+.1ll'~ i3 ~'3~:."~Git aMe~it ~ii'i
appeal or judicial determination hereunder is
pending:'
SECTION 3. That Chapter Three, entitled "Personal Conduct" of the
Code of Rules csnd I~ege:lctions aff the t~allas-Fort Worth International Airport
Board is further amended by adding the following Sections 17 through 21:
"SECTION 17. NOISE
It shop be unlawful for any person to woke
unreasonably loud or raucous noises, considering the
location, inside terminals or other Airport buildings.
SECTION 18. TABLES AND CHAIRS
It shall be unlawful for any person to place a
table, bench, chair, stooB, or similar structure on
Airport premises not otherwise exclusively leased to
that person by the Airport Board for commerical o~^
traveler's aid purposes.
SECTION 19. FOOD, ETC.
It shall be unlawful for any person to distribute
any food product at the Airport except from premises
leased to that person by the Airport Board for that
purpose.
SECTION 20. PINS, ETC.
It shall be unlawful for any person to pin, tie, or
otherwise attach any items on the clothing, luggage,
body or vehicle of any person at the Airport, without
such person's consent.
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SECTION 21. OBSTRUCTION OF PASSAGE
It shall be unlawful for any person at the Airport
to obstruct the free passage of other persons along
Airport sidewalks or into, out of, or within Airport
buildings."
SECTION 4. 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 5. 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 6. 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 notice shall state that a breach hereof will subject the violator to the
infliction of a penalty 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
party. ~
PASSED, APPROVED ~ AND
1985.
ORDERED this day of
Chairman
Dallas-Fort Worth International
Airport Board
ATTEST:
Staff Secretary
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pity ®f' .l~'~rt worth, `~e.x~cs
DATE REFERENCE SUBIECT Regulations fOY Solicitation PAGE
NUMBER of Funds and Distribution of Literature
3/26/85 G-6296 at DFW Airport >of 1
Background
On March 5, 1985, the Dallas-Fort Worth International Airport Board adopted
a Resolution amending the Airport Board Code of Rules and Regulations
to provide new standards for fund solicitation and distribution of
literature at DFW Airport The new regulations will better balance the
legal rights of the traveling public and persons who desire to solicit
funds or distribute literature 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.
Reco®endation
It is recommended that the City Council adopt the attached ordinance
WA:dn
Attachment
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SUBMITTED FOR THEr--~~ /] /~ DtSPOS1T1 N 8 UNCIL. ', ~ E EO BY
CITY MANAGER'S /~/) , ~ //j/ Cjj ~~ PPROVED
CIFFICE BY (~,(~(, 4Ll~.CC %~ ~ -
ORIGINATING ^ OTHER (DESCRIBE) ~
DEPARTMENT HEAD• Wade Adkins CITY SECRETARY
FOR ADDITIONAL INFORMATION j° ~
CONTACT Wade Adkins Ext 7606 D TE