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HomeMy WebLinkAboutOrdinance 9261r ' ~ ~ y s .a'"` "4 1 ORDINANCE"~ NO . ~~ T .. c AN ORDINANCE AMENDING CHAPTER 4," "AIRCRAFT" OF THE CODE OF THE CITY OF FORT WORTH (1964), AS AMENDED, BY PROHIBITING ENGINE RUN-UPS DURING CERTAIN HOURS AND AT CERTAIN LOCA- TIONS AT MEACHAM FTELD;" PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERA- BILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS 1. That Chapter 4, "Aircraft," of the Code of the City of Fort Worth (1964), as amended, is hereby amended by revising Section 4-40 to read as follows: "Sec. 4-40. Running Aircraft Engines. "No person shall run up any aircraft engine at any airport owned by the City of Fort Worth except in a place designated for such purpose by the Director of Aviation or his designated assistant, and no maintenance, runup shall be conducted between the hours of 12:0.0 Midnight and 6:00 A.M. At no time shall any person run up an aircraft engine in such a position that hangars, shops or other buildings or any person shall be in the path of the pro- peller or jet blast." SECTION 2. This ordinance shall be cumulative of all provisions of ordi- nances and of the Code of the City of Fort Worth, Texas (1964), 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of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed.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 3. 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, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent ..,, max„,.. ' ~ _ ~ ~ - ~R .-, ,, ,, ~~ 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 4. 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 and such Code 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. SECTION 5. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of Ordinance No. 8840 or any other ordinances affecting aircraft 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 6. 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, 4 and 8 in the minutes of the City Council and by filing the ordinance in the ordinance records of the City. SECTION 7. The City Secretary of the City of Fort Worth, Texas, is hereby directed to publish the caption and Sections 1, 4 and 8 of this -2- ~ y ~ ~ w .~ _, - t a ,;;~ r 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 8. 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: ~ a~k~-- City Attorney Date: -~-(I_ g~- ADOPTED : ~~~'~ EFFECTIVE: -3- ~~, ''' ~. M~fE"F~'FIy E 1 ~~~ CITY MANAGER 1 City of Fort Worth, ?exas ACCOUNTING•2 J~ /V /~y~~ye ~~~ ~®~~~~~ fI '~~~~~~~~y~~®~ TRANSPORTATION~PUBLIC WORKS•6 / 1`Ii./- u A~~IArION.1 I.~,v i DATE REFERENCE sue~ECT Proposed Noise Abatement Procedure PAGE NUARBER and City Ordinance Restricting Aircraft 2 12/11/84 **G-6183 nQine Maintienance Run-Uns - Meacham Fiel lot Background On May 1, 1984, the City Council approved b1&C C-8356 which authorized, among other actions, a lease and landing permit for Fort Worth Airlines. In the same communication, the City staff was authorized to "develop provisions of a noise ordinance for Meacham Field applicable to but not limited to Fbrt Worth Airlines, Inc. operations." In conjunction with this action, the Aviation Advisory Board Chairman appointed a special subcommittee, consisting of Anne Cozart and Jim Lane, to work with staff in developing a noise ordinance. Letters were sent to various cities across the nation requesting copies of their noise ordinances so that the City Attorney could begin researching possible provisions for a Fort ~Jorth ordinance. Also secured was a copy of what many people refer to as the "Lave Field Ordinance," which is actually a voluntary noise abatement plan. In addition to City staff and subcommittee members, airport operator representatives and Federal Aviation Administration (FAA) officials assisted throughout the study. A chronology of various meetings is listed below: Date P9eeting 06-25-84 Subcommittee 08-02-84 Subc~nittee and Airport Operators 09-13-84 Subcommittee and Neighborhood Representative 10-04-84 Aviation Director, Meacham Field Control 'Ibwer t4anager, and Neighborhood Representative 10-11=84 Subcommittee and Neighborhood Representatives 10-16-84 Aviation Director, Meacham Field Control Tower Manager, and Saginaw City Council 10-29-84 Subxommittee The study resulted in the development of voluntary noise abatement procedures for aircraft pilots and operators using P9eacham Field and a recommended City Ordinance prohibiting aircraft engine maintenance run-ups between the hours of 12:00 midnight and b:00 a.m. The purpose of these voluntary noise abatement procedures is to minimize the impact of aircraft operations at Meacham Field on the surrounding neighborhoods without unduly restricting the use of the airport or compromising operational safety. DATE REFERENCE SUBJEC,7 Proposed Noise Abatement Procedur S PAGE NUMBER and City Ordinance Restricting Aircraft 2 2 12/11/84 **G~6183 En ine Maintenance Run-U s -Meacham Fie d'"-"°f At its meeting on November 29, 1964, the staff and the subcormnittee submitted for Aviation Pdvisory Board approval the above described (1) Noise Abatement Procedures and (2) City Ordinance restricting the hours of aircraft engine maintenance run-ups. The Board unanimously recornnended approval of the tvx~. Copies of the recommended Noise Abatement Procedures and the reccaTmended City Ordinance are attached. Recca~a:lendation It is recommended that the City Oouncil: 1. Approve the attached Noise Abatement Procedures; and, 2. Adopt the attached Ordinance restricting aircraft engine maintenance run-ups as described above. BT: 7cc~ Attact)ments APPROV~.n SY CITY C~UNC{t oEC xx= ~ ~~ ~~~w~~ l:iiy ;,ecie.axy of the Ci z- of Port w~ ~1~ SUBMITTED FOR THE CITY MANAGER'S DISPOSITION BY COUNCIL: PROCESSED BY OFFICE BY [] APPROVED ORIGINATING Ike Thompson (. i OTHER (DESCRIBE) DEPARTMENT HEAD• CITY SECRETARY FOR ADDITIONAL INFORMATION CONTACT Ike Thompson 624-1127 Ado ted Qrdinance N0. DATE ! :~ ~r ~ ~~