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HomeMy WebLinkAboutOrdinance 8840.---. ~. f i, ORDINANCE NO. ~ ~~ AN ORDINANCE AMENDING CHAPTER 4, AIRCRAFT, OF THE CODE OF THE CITY OF FORT WORTH, TEXAS (1964), AS AMENDED, IN FULL BY RE-ENACTING THE ENTIRE CHAPTER 4, AIRCRAFT, AND MAKING CERTAIN CHANGES, REVISIONS, ADDITIONS AND DELETIONS THERETO, PROVIDING FOR: DEFINITIONS; ESTAB- LISHMENT OF A DEPARTMENT OF AVIATION; POWERS AND RESPONSIBILITIES OF THE DIRECTOR OF AVIATION; CREATION OF AN AVIATION ADVISORY BOARD; INTERNAL ORGANIZATION OF THE BOARD; POWERS AND JURISDICTION OF THE BOP,RD;'~'"FUND- ING OF DEPARTMENT OF AVIATION; ANNUAL AUDIT OF AVIATION DEPARTMENT; ACCOUNTING PROCEDURES; PROHIBITION OF FINANCIAL INTERESTS BY MEMBERS OF THE BOARD; LICENSING OF LANDING FIELDS; REVOCATION AND CANCELLATION OF LAND- ING FIELD LICENSE; DUTY OF OPERATOR OF AIRPORTS TO KEEP CERTAIN RECORDS; REGULATIONS RELATING TO HELICOPTERS AND HELIPORTS; REGULATIONS RELATING TO GROUND OPERA- TIONS AT CITY AIRPORTS; OPERATION OF VEHICLES; INSTAL- LATION OF TRAFFIC CONTROL DEVICES; PARKING AND LOADING ZONES AT AIRPORTS; RIGHT-OF-WAY TO TAXIING AIRCRAFT; RESTRICTIONS ON RUNWAY TRAFFIC; PARKING OF AIRCRAFT; PROHIBITION OF ILLEGALLY PARKED AIRCRAFT; REPORT OF PROPERTY DAMAGE INCIDENT TO AIRCRAFT OPERATION; LIEN ON IMPOUNDED AIRCRAFT; CITY NOT TO BE LIABLE; RUNNING UP OF AIRCRAFT ENGINES; CONCURRENCE WITH STATE LAW; RE- STRICTED AREAS; AIRPORT SECURITY; PAYMENT FOR SERVICES; PROHIBITING: WEAPONS AND EXPLOSIVES; TAMPERING WITH FIRE-FIGHTING EQUIPMENT; KITES; DEMONSTRATIONS; IMPER- SONATION OF PERSONNEL; CAMPING AND PICNICKING; PHOTOG- RAPHY; REGULATION OF ANIMALS; SOLICITING; SIGNS; DESTRUCTION OF PROPERTY; THROWING OF OBJECTS; LITTER- ING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING FOR ENGROSSING AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION I. That all of Chapter 4 of the Code of the City of Fort Worth (1964), as amended, be and the same is hereby amended in full to read as follows: "ARTICLE I. IN GENERAL "Sec. 4-1. Definitions. "The following terms, when used in this chapter, shall have the meanings respectively ascribed to them by this section: "(a) AIRCRAFT. Any weight-carrying structure for navigation in the air and which obtains support by the dynamic reaction of the air to any obstruction connect- ed with the structure. Gliders or ultralights, either powered or unpowered, will be considered aircraft. "(b) AIRPORT, AIRPORTS or AIRFIELD. All of the land, improvements, facilities and development within the boundaries of any city-owned or -operated Airport except the Dallas-Fort Worth Regional Airport. _` F! V' ~: "(c) AIRPORT ROADWAY. Those portions of the airfields designated and made available temporarily or permanently by the airport manager for vehicular traffic and not located on ground leased by others. "(d) GROUND TRANSPORTATION BUSINESS. The pursuance of the occupation of transporting passengers, material or baggage for hire, either within the airport or from or to the airport from or to the points outside the airport. "(e) HELICOPTER. Any rotorcraft which depends principally for its support and motion in the air upon the lift generated by one or more power-driven rotors, rotating on substantially vertical axes. "(f) HELIPORT. Any area of land or water or a structural surface which is used or intended to be used for the landing and takeoff of helicopters and any appurtenant areas which are used or intended to be used for heliport buildings and other heliport facilities. The term shall also include 'helistop'. "(g) LANDING FIELD. Any place on land or on water, where aircraft may land, be repaired, take on fuel, or take off, but shall not include facilities for the exclusive use of helicopters. "(h) OPERATOR. Any person who pilots, controls or maintains, either directly or indirectly, an aircraft or landing field. "(i) PERSON. Any individual, firm, partnership, corporation, association or company (including any assignee, receiver, trustee or similar representative thereof) or the United States of America or any foreign government or any state or political subdivision thereof. "(j) RESTRICTED AREA. Any portion of the airport to which no ingress is permitted except upon specific authorization by the Aviation Director, such area to be designated by signs. "(k) VEHICLE. Automobiles, golf carts, trucks, buses, motorcycles, horse-drawn vehicles, bicycles, pushcarts, tugs and any other device in or upon or by which any person or property is or may be transported, carried, or drawn upon land, excepting aircraft and railroad rolling equipment or other devices running only on stationary rails or tracks." "(1) VEHICULAR PARKING AREA. Those portions of the airport designated and made available temporarily or permanently by the Aviation Director for the parking of vehicles but not including parking areas under lease to others . "Sec. 4-2. Catchlines of sections. "Catchlines of sections of this Chapter are intended as mere catch words to indicate the general 2 content of the section and for index or search convey nience and shall not be taken or deemed to be titles, nor shall same be construed as a substantive part of any section." "ARTICLE II. ESTABLISHMENT OF DEPARTMENT OF AVIATION AND AVIATION ADVISORY BOARD "Sec. 4-3. Department Established. _ - _ _.~ "A Department of Aviation is hereby established„ which Department shall be under the supervision of the. Director of Aviation who shall be subject to appoint- ment and removal by the City Manager. The salary of the Director of Aviation shall be in accordance with the Compensation Plan of the City. "Sec. 4-4. Powers of the Director of Aviation. "The Director of Aviation shall have the authority to appoint, employ and remove such officers, assis- tants, employees and personnel according to authorized budgeted positions or authorized personnel overages for the efficient administration of the affairs of the Department of Aviation and to prescribe and fix their duties, scope of authority and qualifications. All assistants, employees, and personnel of the Department of Aviation shall be governed by the personnel rules and classification and compensation plan established for all other employees of the City. "Sec. 4-5. Responsibilities of the Director of Aviation. "That the responsibilities of the Director of Aviation shall include, but not be limited to: recom- mendations to the Aviation Advisory Board, the City Manager and the City Council regarding any extension, improvements and additions to the airports system; enforcing the rules and regulations for the government of the airports system; monitoring the leasing of lands and granting of concessions or franchises for the priv- ilege of doing business in or on the properties of the airports system; make recommendations to the Aviation Advisory Board, the City Manager and the City Council for scheduling rental rates and other fees and charges for tenants and other lessees of airport property; re- view, recommend and submit to the City Manager all applications for use and operation of landing fields; enforcing traffic laws on airport property; establish- ing zones for loading or unloading passengers from vehicles at the airport; establishing loading zones for the loading and unloading of material at the airport; designating areas for the parking of aircraft; desig- nating restricted areas within the airport system; designating areas for placing, discarding or depositing in any manner any litter, offal, garbage, trash, de- bris, junk or any refuse on the airports; and other responsibilities as may be assigned by the City Manager. The primary responsibility for the design, establishment, promulgation and coordination of any special police, fire and health instructions and pro- cedures effective at and upon City airfields shall rest with the Aviation Director, advised and assisted by the 3 `~ Aviation Advisory Board, the Chief of Police, the Fire Marshal, the Director of the Department of Public Health, the Director of the Department of Transporta- tion and Public Works and such other departments and agencies of the City government as special prob-hems or circumstances may require, and other duties and respon- sibilities from time to time designated. "Sec. 4-6. Aviation Advisory Board--Created; composition; appointment; eligibility for appointment; compensation. "The City Council shall appoint an Aviatio~z Advisory Board, composed of nine ( 9 ) members, who shah serve in places numbered 1 through 9. Members appointed to even-numbered places shall serve terms which expire October 1, 1984. Members appointed to odd-numbered places shall serve terms which expire October 1, 1985 No person shall be eligible for appointment to member- ship on the board who is not a citizen of the United States and a resident of the City of Fort Worth. Thy members of the board shall serve without compensation and shall be subject to all rules and regulations which may be adopted by the City Council regarding appoi,ntiv~ boards and commissions of the City. The Aviation Advisory Board Sha11 act in an advisory capacity to the City Manager and the City Council through the Director of Aviation in accordance with established City policy governing City advisory boards. "Sec. 4-7. Same--Term. "Aviation Advisory Board members shall serve fore terms of two years, provided that the terms of office of the Board members shall be staggered as follows: five members shall be appointed for terms which expire on October 1, 1984, and four members shall be appointed. for terms which expire on October 1, 1985. Thereafter, all appointments shall be made for terms of two years, except that appointments to vacancies occurring other than by expiration of a member's term of office shall be filled in the manner provided for original appoint- ments for the remainder of the unexpired term. No mem- ber shall be appointed to serve more than three (3) two-year terms, but will serve until his replacement is appointed. "Sec. 4-8. Same--Removal; public hearing on removal; filling vacancies. "Members of the Aviation Advisory Board shall be subject to removal from office by the City Council. An~• vacancy in the membership of the board shall be filled by the City Council for the unexpired term of the mem- ber whose place has, by removal or otherwise, become vacant. Vacancies will be filled within sixty (60) days after the City Council is notified of the vacancy or expired term. "Sec. 4-9. Same--Internal organization; secretary and meetings. "Every two years the Aviation Advisory Board shall elect one of its members as Chairman and one as vice- 4 chairman, and the board shall appoint a secretary, who need not be a member of the board. If a member of the board is not appointed as secretary, then an employee of the City may be appointed secretary. The Aviation Advisory Board shall hold regular monthly meetings and such special meetings as may be necessary. "Sec. 4-10. Same--Powers; jurisdiction; scope of activities. "The Aviation Advisory Board, subject to the authority of the City Council, shall have the authority to review and recommend to the City Manager and City Council through the Director of Aviation any and all plans of any extensions, improvements and additions to the airports system and its master plan. In the same manner such board may also recommend the adoption of rules and regulations for the government of the air- ports system. The board will review and comment on the annua]. operating budget and capital improvement requests. The Aviation Advisory Board will make recommendations tc the City Manager and City Council through the Director of Aviation, consistent with the Charter, concernincj the leasing of lands and granting of concessions or franchises for the privilege of doing business in or on the properties of the airports system in cases where such leases, concessions or franchises might have an. impact on the development of the airports system and. its master plan. The board may review and recommend to the City Manager and the City Council through the Director of Aviation a schedule of rental rates and other fees and charges for tenants and other lessees of airport property. "Sec. 4-11. Department of Aviation--Sources of funds far operations. "'The Aviation Department shall be operated as an enterprise fund of the City and as such shall be appro- priated all receipts and revenues from the operation of the airports. In addition, the City Council may, in its discretion, appropriate other revenues to the Aviation Department. The City Council may choose to assess the Aviation Department for services provided by other City departments. The funds allocated to the Aviation Department shall be managed and disbursed in accordance with all applicable statutes, charters, ordinances or other regulations governing same. "Sec. 4-12. Same--Annual audit. "At the end of each year, the City Council shall have made a full and complete audit by an independent certified public accountant of the accounts and busi- ness of the Aviation Department for the year then ending, at least one copy of which shall be filed with the City Council and at least one other copy with the Aviation Advisory Board. "Sec. 4-13. Same--Declared governmental function; disclaimer of personal liability. "All of the regulations and acts of the Aviation Department performed and to be performed in accordance 5 with the provisions hereof in the operation and mainte- nance of the airports system of the City are hereby declared to be governmental and for the benefit of the general public. Any member of the City Council, the Aviation Advisory Board, and any City official or employee charged with the enforcement of the provision of this article, acting for the City in the discharge of his duties hereunder, shall not thereby render him self personally liable. "Sec. 4-14. Accounting procedure for Aviation Advisory Board and Aviation Department. "The Commissioner of Accounts shall prescribe and provide for the use of the Aviation Department all. forms for the keeping of its accounts and voucher necessary to be used in the conduct of its business,' which forms and methods of accounting shall be employed'.. by the Aviation Department in conducting its business so as to conform as nearly as possible to the method of accounting instituted and enforced in the Department of Finance. The Aviation Department shall conform to such rules and regulations regarding financial affairs as are promulgated by the Director of Finance. "Sec. 4-15. Assistance from other City Departments. "Wherever feasible, the Aviation Department shall utilize the specialized talents and services of the other City departments. The City Attorney shall be the legal officer of the Aviation Advisory Board and of the Aviation Department and shall handle such legal matters as may come before them as required by the Charter. The Director of Transportation and Public Works shall furnish such engineering services as are necessary in the conduct of the affairs of the Aviation Department, as required by the Charter and appropriate ordinances. "ARTICLE III. LANDING FIELDS "Sec. 4-16. Federal Aviation Administration Approval Required. "No person shall own, control or operate any land- ing field of any kind within the City without first securing written authorization from the Federal Aviation Administration and the City of Fort Worth. This provision shall not apply to those air fields operated prior to the passage of this ordinance. All flight operations shall be conducted in accordance with current Federal Aviation Administration rules and regu- lations. "Sec. 4-17. License--Application; information to be shown. "Any person desiring permission to operate a land- ing field within the City shall file with the Director of Aviation a written, sworn application for a landing field license, which application shall state: "(a) The location and size of the area proposed to be used as a landing field. 6 "(b) Whether or not said field has been approved for operation by the Federal Aviation Admin- istration, and for what purposes. "(c) If the applicant is an individual, the lengt]z of time he has been a resident of the City, the nature of the business in which he ha:~ been engaged for the past five (5) years, anc~ such other information as may be pertinent to show that he is a competent and reliable person to engage in the business of maintain- ing a landing field. "(d) If the applicant is a firm, association or.. partnership, all of the information prescrib-• ed in subparagraph (c} of this section as to each individual composing the firm, associate tion or partnership. "(e} If the applicant is a corporation, that the applicant is organized and chartered under the corporation laws. "Sec. 4-18. Same--issuance not to be construed as granting vested right. "The granting of approval, under the terms of this article, shall in no event be construed as the granting or conferring of any vested right to the operator, but shall be subject to revocation or cancellation as provided for in Section 4-20. "Sec. 4-19. Approval of Application "No approval shall be granted under this article by the Director of Aviation unless it shall appear, upon investigation of the application, that the pre- mises desired to be used for the purpose of operating a landing field strictly comply with all the laws of the State of Texas, the United States and the provisions of this Code, and that the applicant has obtained full ap- proval from the Federal Aviation Administration of such applicant's proposed landing field. Before recommending approval of any application, the Aviation Director shall submit said application to the Director of Transportation and Public Works, the Zoning Board of Adjustment and the Chief of the Fire Department in order to ascertain if the proposed facilities would comply with the requirements of their respective departments or activities. Such officers and agencies shall note their approval or disapproval upon the request. The application shall then be passed to the Aviation Advisory Board for their inspection and they shall note their recommendations on the application. The Director of Aviation shall then bring the applica- tion as soon as feasible before the City Council. The City Council shall then, upon hearing, grant or reject said application. "sec. 4-20. Revocation and cancellation of license; notice; right of appeal to Council; hearing. "If a landing field operated under the provisions of this article is not being conducted in accordance with the laws of the United States, the state, the provisions of this Code, or other ordinances of the 7 ~. City, or is being conducted in violation of such laws and regulations, the Director of Aviation may at arty time give notice in writing to the licensee or other person in control of the operation and maintenance of such landing field, to show cause why the permission issued for the operation of such landing field should not be revoked and cancelled. Such notice to show cause shall become effective as a cancellation after the expiration of ten (10 ) days' from the date of cserw_ce o.f same upon the operator or the person in charge of such landing field unless, on or before the expiration o~f ten (10) days, the licensee or the one in charge of such landing field files with the City Secretary a written appeal, addressed to the City Council, in whic]z it is requested that the Council grant him a hearing upon the question of whether or not the permit oir license issued by the City shall be cancelled anc~ revoked. Such appeal, if made and filed as prescribed herein, shall operate as a stay or postponement of such revocation and cancellation of the permit issued until such time as the Council shall grant a hearing and make a final determination upon the question of whether or not such permit or license should be cancelled. SucY~ hearing shall be held within thirty (30) days after the date of the filing of such appeal. The action of the Council, after hearing the evidence and facts, shall be final and conclusive as to all parties. "Sec. 4-21. Duty of operator to keep record; information to be shown; inspection. "The operator of any landing field situated within the City shall keep an up-to-date record and list describing each aircraft primarily stored, maintained or based at such landing field. Such description shall include the name of the owner of each aircraft, its` type, make, color, model and identification number. The record or list herein required shall be a public record and at all reasonable times be available for inspection by the Director of Aviation or his designated represen- tative, and upon his request each landing field operator shall furnish him an accurate copy of same. "ARTICLE IV. HELICOPTERS Sec. 4-22. Operation to be in compliance with certain rules. "No one shall operate any new, permanent heliport without the same having first been approved by the City Council. Any application for a new, permanent heliport shall contain the same information required of appli- cants for landing fields under Sec. 4-17 of this Chapter. "The operation and flight of helicopters within the City shall be in conformity with all applicable safety rules, regulations, manuals and directives of the Federal Aviation Administration and the provisions of the ordinances and the codes of the City of Fort Worth, including but not limited to those regulations relating to minimum safe altitudes. In addition, where specific minimum safe altitudes, traffic patterns and approach routes for a heliport are prescribed by the City Council with the approval of the Federal Aviation Administration, failure to comply therewith shall constitute a violation of this article. 8 7 "Sec. 4-23. Injunctive relief. "Any person violating any of the provisons of this article may be enjoined by a suit filed by the City i~z a court of competent jurisdiction, and this remedy shall be in addition to any penal provision. "ARTICLE V. REGULATIONS GOVERNING ~~ `===~= CITY-OWNED LANDING FIELDS "PART A. FLIGHT OPERATIONS "Sec. 4-24. Rules and Regulations. "All flight operations shall be conducted irn accordance with current Federal Aviation Administration rules and regulations. "PART B. GROUND OPERATIONS "DIVISION 1, GENERAL "Sec. 4-25. Title. "The following rules are adopted for the regula- tion of Meacham Field and any other City-owned airport which is exclusively situated in the City of Fort Worth, Tarrant County, Texas (hereinafter called 'Airport'). These rules may be cited as 'Fort Worth Airfield Rules and Regulations'. Sec. 4-26. Intent. "It is the intent of these rules and regulations to establish and promulgate the standards deemed neces- sary to the maintenance and promotion of the peace, health, good government and welfare of city-owned airfields; to provide for the best performance of the functions thereof; to promote the security of persons using the airfields and their facilities; and by such rules and regulations, to provide suitable penalties for the violation thereof. Sec. 4-27. Scope. "These rules and regulations shall constitute a special enactment effective only within the boundaries of the airport and not otherwise. "DIVISION 2. REGULATION OF VEHICLES "Sec. 4-28. General law governing. "All of the provisions of Article 6701d of the Revised Civil Statutes of the State of Texas, entitled 'Uniform Act Regulating Traffic on Highways,' are here- by declared to be in effect on the airport roadways, as defined, except insofar as these rules and regulations prescribe different provisions. 9 "Sec. 4-29. Traffic-control installations. "(a) It shall be unlawful to disobey any traffic-- control device, sign, signal, marking or insignias erected, installed or placed by authority of the Director of Transportation and Public Works of~---the City of Fort Worth. This shall apply, when applicable, tca both vehicular and pedestrian traffic. Insofar as possible, all such devices, signs, signals, markings or• insignia shall conform to the manual and specifications,. adopted by the State Highway Commission of the State of.' Texas, as set forth in Section 29 and 31 of Article 6701d of the Revised Civil Statutes of the State of Texas. "(b) Except for speed limit signs, all traffic- control devices, signs, signals, markings and insignia as presently located, erected or installed on the prem- ises of the airport are hereby adopted, affirmed and ratified. Hereafter, the Director of Transportation and Public Works or his designated representative shall conduct studies and investigations relating to all such traffic-control devices, signs, signals, markings and insignia, and in accordance with such studies and determinations shall make such changes as are deemed necessary in the interest of traffic safety. Records of such changes, when effected, shall be maintained in said director's office; provided, however, the delega- tion of authority herein granted shall not extend to establishing or changing speed limits, whether maximum or minimum, but same shall be established by the City Council according to the requirements of state law as delegated to cities by legislative enactment. "(c) The speed limits upon airport roadways are set, affirmed and ratified at twenty (20) miles per hour and such lower speeds as shown on the maps or plats attached hereto and as described therein. Vehicular speeds on public aircraft ramps and airports are set, affirmed and ratified at 10 m.p.h. "In compliance with and in obedience to the above authority, the City Council of the City of Fort Worth has determined upon the basis of an engineering and traffic investigation that the prima facie maximum speed limits herein set forth are reasonable and safe under the conditions found to exist at all intersec- tions and other places and upon any part of the airport roadway system, having taken into consideration the width and condition of the pavement and other circum- stances on such portions of said airport roadway system as well as the usual traffic speed limits thereat and thereon, which limits, when appropriate signs giving notice thereof are erected, shall be effective at any such intersection or other place or part of the airport roadway system at all times during hours of daylight or darkness, or at such other times as may be determined. "Sec. 4-30. Parking. "(a) It shall be unlawful to park a vehicle or to permit the same to remain standing within the bound- aries of the airport except at such places and for such periods of time, and upon payment of such parking fees 10 ,;. ,» . and charges, as may from time to time be prescribed by the City Council and so indicated by the posting of appropriate signs or installation of parking meters. Any vehicle which is disabled or which is parked in violation hereof or which represents an operational hazard at the airport may be removed or towed away and impounded, all at the operator's or owner's expense and without liability for any damage to the vehicle which may ensue from such removal or towing. Such expense shall be a lien against the vehicle and payment'ny~full therefor shall be a prerequisite to the reclaiming of the vehicle by the operator or owner. "(b) The method of disposition of abandoned oi:- junked motor vehicles or other vehicles shall be as set: forth in Article 4477-9a, Revised Civil Statutes of Texas (Texas Abandoned Motor Vehicle Act). "(c) Unless prior arrangements have been made with the Airport Manager, motor vehicles properly parked, but which remain at the airports in excess of thirty (30) days may be removed and disposed of by the Airport. Manager as provided in Article 447?-9a, Revised Civil Statutes of Texas (Texas Abandoned Motor Vehicle Act). There shall be installed at each entrance to public. parking lots on the airports a suitable permanent and legible sign discernible from a distance of forty (40) feet, which shall read substantially as follows: 'NOTICE: IF VEHICLE IS TO BE PARKED IN EXCESS OF THIRTY (30) DAYS, CALL 624-1127' "(d) For vehicles rendered inoperable due to collision or other causes: "(1) The owner or person in charge thereof shall have an opportunity to contact a wrecker or tow service and have the vehicle removed from the airport. "(2) If a motor vehicle rendered inoperable is not removed by the owner or person in charge within forty-eight (48) hours, it shall be impounded and disposed of at the direction of the Airport Manager and in accordance with Article 4477-9a, Revised Civil Statutes of Texas (Texas Abondoned Motor Vehicle Act). "(3} Nothing herein shall be construed to prevent the immediate removal of a damaged or inoperable motor vehicle from a traveled road or right-of-way onto a shoulder or other safe place in order to maintain traffic flow and safety. "(e) For motor vehicles without an operator due to arrest or detention of the owner ~or person in charge thereof: "(1) Where a motor vehicle is without an operator due to the arrest or detention of the owner or person in charge there- of, the vehicle shall be taken to a city vehicle impoundment area. 11 z' "(2) If the arrested or detained person is confined but makes provision for another person to remove the vehicle within twenty-four (24) hours, no charges or fees shall accrue against the vehicle unless it has been towed to the pound,, in which case it shall be subject~to the prevailing customary charges for towing, impoundment and storage. "(3) The procedures relating to notificatio~z and auction set forth in Articli~ 4477-9a, Revised Civil Statutes of Texas, shall apply. "(4) Nothing herein shall authorize the release of a motor vehicle which itself is to be used as evidence in a criminal. proceeding or prosecution, which cones tains or contained any item of evidence to be introduced in a criminal proceed ing or prosecution, or which is subject: to forfeiture by federal, state or local. law enforcement officials. "Sec. 4-31. Passenger loading zones. "The Aviation Director may establish zones for loading or unloading passengers from vehicles at the airport. Such zones shall be designated with appro- priate control devices, signs, signals, markings or insignia, and no person shall park any vehicle in any such passenger loading zone nor shall any person stop or stand any vehicle in a passenger loading zone except to load or unload passengers, and then only for the established time limit posted in such zone. "Sec. 4-32. Loading zones. "The Aviation Director may establish loading zones for the loading and unloading of material at the air- port. Such zones shall be designated with appropriate control devices, signs, signals, markings, or insignia, and no person shall stop, stand or park any vehicle in a loading zone other than for the expeditious unloading and delivery, pickup and loading of material. In no case shall the stop for loading and unloading of mate- rials exceed the established time limit posted in such loading zone. "Sec. 4-33. Impeding flow of traffic. "No person shall park, stop or stand a vehicle in any airport roadway, driveway, ramp, taxiway, parking area, passenger loading zone, loading zone or in front or near any entrance or exit to any building at the airport so as to block, obstruct or impede the free passage of any vehicles, pedestrians or aircraft. "Sec. 4-34. Right-of-way for taxiing aircraft; Access to runway. "Taxiing aircraft shall have the right-of-way in preference over vehicles or pedestrians. No vehicle may 12 drive on or across any portion of a runway or taxiway without being in radio contact with the control tower or having made prior arrangements with the control tower to receive a light signal or similar permission "DIVISION 3. REGULATION OF AIRCRAFT "Sec. 4-35. Parking of aircraft. "Aircraft will be parked only in assigned, leased or otherwise properly designated and authorized areas pursuant to directives of tower personnel or other appropriate airport officials acting under the direc- tion or authority of the Aviation Director. Parked,, unattended aircraft shall be chocked or tied down i;f remaining overnight. No aircraft will be parked in airline reserved areas or airline gate parking other than regularly scheduled airline aircraft assigned t~o use said areas or gates. No aircraft will be parked i;n restricted areas. "Sec. 4-36. Illegally parked aircraft. "Aircraft which are parked, stored or abandoned contrary to the provisions of Section 4-35 above, mar be impounded. Redemption of aircraft which have bee~z impounded will necessitate the owner or operator payinr~ all fees accrued against such aircraft to include towing and storage fees incident to impoundment. Thy City may remove such aircraft from an illegal parking place by engaging private towing services or a Fixed Base Operator. Any charges resulting from such activi-~ ties shall be charged against the registered owner of the aircraft. "Sec. 4-37. Damage to property incident to aircraft operation. "(a) Any damage to airport installations, equip-~ ment or property as a direct or indirect consequence of flight operations shall be, prima facie, the responsi- bility of the owner of the aircraft causally related to such damage. Repair of such damage shall be ordered and accomplished by the Airport Manager by sending an invoice covering the cost thereof, payable upon receipt, to the responsible owner. "(b) Repair of any aircraft damaged or disabled in~ the course of operation on an airport is the responsi- bility of the owner thereof: "(1) Damaged or disabled aircraft obstructing or impeding flight operations or in any manner creating a hazard to flight or airport operational safety will, be cleared from runways or taxiways upon the direction of the Airport Manager as quickly as accident investigators from the Federal Department of Transportation authorize removal, or sooner if an airport emergency exists as declared by the Aviation Director, so as to permit resumption of hazard-free operation of the airport at the earliest practicable 13 time. Any extraordinary expense incuir- red in such clearing or removal opera- tions shall be billed to the owner of the responsible aircraft and be payabl!.e by such person upon receipt of tYxe invoice. "(2) Damaged or disabled aircraft parked or stored in an authorized, assigned, leased or otherwise properly designated area in excess of thirty (30) days without undertaking repair or restora; tion thereof to operable condition will, in the absence of special arrangement with and permission of the Airport Manager, be deemed abandoned aircraft and subject to impoundment as illegally parked aircraft under Section 4-36. "(3) Repairs to aircraft damaged while in motion or parked on the airport are the sole responsibility of the owner. The owner or operator accepts the premise as is and receives no assurances front the City, other than those required by the Federal Aviation Administration and leases that may be in effect on the? airport. "Sec. 4-38. City's lien on_impounded aircraft. "The City of Fort Worth shall have a lien on aircraft impounded for the storage and care thereof. Notification to the owner of impounded aircraft shall be conclusively presumed given if, after accrual of sixty (60} days of unpaid storage charges or fees, the registered owner of such aircraft is advised by regis- tered or certified letter, return receipt requested, of the fact of impoundment, delinquency in payment of charges, the City's lien for the payment of same and the contemplated public sale of such aircraft following the expiration of thirty (30) days from the mailing of such notice unless payment or suitable arrangements for payment have been made. "Sec. 4-39. City to be free of liability. "No liability shall accrue to the City, its officers, agents or employees for- the towing, removal, impoundment, storage or disposition of aircraft or their contents under the foregoing provisions of these rules and regulations. "Sec. 4-40. Running up aircraft engines. "Aircraft engines will not be run up for testing purposes outside of designated 'run-up' areas. "DIVISION 4. PERSONAL CONDUCT "Sec. 4-41. General; state law. "The provisions of this chapter shall not be construed as limitations upon the civil or criminal 14 laws of this State which are in full force and effect within the airports. "Sec. 4-42. Restricted areas. "(a) The Aviation Director shall have authority to designate 'Restricted Areas' at the airport. "(b) It shall be unlawful, without specific authorization from the Aviation Director, to enter or travel, in a vehicle or on foot, upon any area desig- nated as a 'Restricted Area.' " (c) It shall be unlawful for any person who i,s upon any restricted area of the airport to fail or refuse to produce proper identification (driver ''s license, social security card or some similar authori tative indicia of identity) upon the request of ain airport official or employee or of a peace officer o;E the City of Fort Worth or Tarrant County or other state or federal law enforcement officer. "Sec. 4-43. Animals. "It shall be unlawful to bring any animal on the airport or to permit or cause the same to be brought: thereon without a specific permit, license or lease therefor from the City of Fort Worth; provided, how- ever, that this section shall not apply to a Seeing EyE~ Dog accompanying a blind person, to animals properly restrained or confined for shipment, or to animals confined in private motor vehicles. "Sec. 4-44. Soliciting. "(a) It shall be unlawful to solicit funds or anything of value for any purpose at the airport without a permit or other specific written authority from the City of Fort Worth. "(b) It shall be unlawful to sell or offer for sale any article or merchandise on the airport without a permit or concession from the City of Fort Worth. This is not intended to prohibit business enterprises leasing premises on the airports from inviting sales- men, mobile lunch trucks and similar activities to their leased premises for the convenience of customers and employees of such business enterprises only. "(c) It shall be unlawful to solicit any business or trade, including transportation of persons or baggage for hire, on the airports without a permit or concession from the City of Fort Worth as provided in Chapter 34 of the Code of the City of Fort Worth. "Sec. 4-45. Signs. "It shall be unlawful display signs, advertisements, printed or written matter of a airports without specific Aviation Director. to post, distribute or handbills, circulars or commercial nature at the authorization from the 15 "Sec. 4-46. Destruction of_property. "It shall be unlawful to willfully destroy, injure, deface, disturb, mutilate, uproot, tamper with or do harm in any way to any building, sign, equipment, marker or other structure, flower, tree, shrub, lawn, vending machine or any other real or personalproperty on the airport, whether the same be determined public or private property. "Sec. 4-47. Throwing of objects. "Without having first obtained authorization from the Aviation Director, it shall be unlawful to throw any object from: "(a) Any terminal building, hangar, or from any other building or structure on the airport; or "(b) From any vehicle or aircraft on the airport. "Sec. 4-48. Litter. "It shall be unlawful to place, discharge or deposit in any manner any litter, offal, garbage, trash, debris, junk or any refuse on the airport, except at such places and under such conditions as the' Aviation Director may from time to time prescribe. "Sec. 4-49. Refusal to pay for services. "It shall be unlawful to utilize any toll facility, or' to take or accept any goods or services from any con- cession, shop, restaurant, cafeteria, coin-operated' machine, or other business on the airport without re- mitting proper payment therefor. "Sec. 4-50. Weapons and explosives. "It shall be unlawful to carry any prohibited weapon, as defined in the Penal Code of the State of Texas, on any area of the airport except by officers specifically authorized by state or federal law to do so or where same is done as a legitimate shipment of freight, or by a permit from the City of Fort Worth. s "It shall be unlawful to bring any explosive substance, as defined in the Penal Code of the State of Texas, upon any area of the airport without the prior approval of th e Director of Aviation and the Federal Aviation Administration. "It shall be unlawful to bring any noxious or corrosive substance upon any area of the airport with- out the prior approval of the Director of Aviation and the Federal Aviation Administration. "It shall be a defense to a prosecution under this subsection that such activities were necessitated by a prevailing emergency. 16 ~. "Sec. 4-51. Fire-fighting equipment. "It shall be unlawful to move, disturb, deface,, injure or tamper with any fire-fighting or extinguish- ing equipment on the airport except by authorized personnel, or where a true emergency exists. "Sec. 4-52. Kites. ~ "It shall be unlawful to operate or release any kite, balloon, model aircraft, model rocket or para-- chute upon or above the airport without written permission from the Aviation Director. "Sec. 4-53. Demonstrations. "(a) It shall be unlawful for organizations, groups of individuals or individuals to conduct or participate in parades, marches, patrols or demonstra' tions on the airport unless a permit has been granted': by the City Council in response to a written request to engage in such activity. "(b) It shall be unlawful, while engaging in any such activity otherwise permitted as described above,' to prevent or interfere with access to or egress from. any airport facility or premises or to hamper or curtail the conduct of business at the airport and no person while so engaged, shall in any manner, by words or physical force, assail, coerce, threaten or intimi- date any member of the public. "Sec. 4-54. Impersonating. "No person shall, without being duly authorized by the Aviation Director, exercise or attempt to exercise any of the duties, functions, or powers of any airport personnel. "Sec. 4-55. Camping and picnicking. "It shall be unlawful to use airport premises for the purpose of camping, athletic games or contest, hunting or picknicking unless a permit therefor is granted by the Aviation Director. "Sec. 4-56. Photography, productions and polls. "(a) It shall be unlawful to utilize photographic or moving picture equipment for the purpose of picture-taking or moving picture photography in or near any area designated as a 'Restricted Area' within the airport unless such person has obtained a permit from the Airport Director. "(b) It shall be unlawful to use the airport prem- ises for the purpose of any commercial or private photographic, theatrical or moving picture production without a permit from the Airport Director. "(c) It shall be unlawful to conduct polls, opin- ion surveys, name listings, or to solicit any other commercial data or information on airport premises without a permit from the Airport Director." 17 ,.; "DIVISION 5. ENFORCEMENT "Sec. 4-57. Intent. "This division is designed to establish and define enforcement authority necessary to the maintenance arbd promotion of the peace, good government and welfare cif the City's airfields, for the performance of~ tYxe functions thereof, for the order and security of its inhabitants, users and visitors, and to protect th,e peace., lives, health and property of such inhabitants, users and visitors. "Sec. 4-58. Airport security. "(a) General. The primary responsibilty for the design, establishment, promulgation, and coordination of any special police, fire and health instructions and procedures effective at and upon City airfields shall rest with the Aviation Director, advised and assisted by the Aviation Advisory Board, the Chief of Police,, the Fire Marshal, the Director of the Department o~ Public Health, the Director of the Department of Transportation and Public Works and such other depart• ments and agencies of the City as special problems o circumstances may from time to time require. "(b) Power of the Aviation Director and Assis tants to Require Identification. 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 request and require any person to give his true name and residence address to such director or designated employee wheys acting in an official capacity in matters connected with the Aviation Department, including the enforcement. of these rules and regulations (Fort Worth Airfield Rules and Regulations). It shall be unlawful for any person to intentionally refuse to report or give false report of his name or residence address to the director or designated employee who has requested the information when acting in an official capacity in a. matter connected with the Aviation Department including the enforcement of these rules and regulations." SECTION II. That this ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth (1960 as amended, except where the provisions of this ordinance ar..e 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. 18 ~%~ i. ,~ SECTION III. That it is hereby declared to be the intention of thE~ City Council that the sections, paragraphs, sentences, clauses and phrase's of this ordinance are severable, and if~=any phrase, clause, sentence, paragraph or section of this ordinance shill 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 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 IV. ' That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each violation of any of the provisions of this ordinance and each violation shall be punishable by a fine not exceeding Two Hu~ldred Dollars ($200.00). SECTION V. That the City Secretary of the City of Fort Worth is hereby directed to publish the caption and penalty clause and effe<::tive date of this ordinance for five (5) days in the official news- paper in the City of Fort Worth, as authorized by TEXAS REVISED CIVIL STATUTES, Art. 1176b-1. SECTION VI. That the City Secretary of the City of Fort Worth is he~.reby directed to engross and enroll this ordinance by copying the caption and penalty clause of same in the minutes of the City Council of Fort Worth and by filing the ordinance in the ordi- nance records of said City. r 19 ,,. ,~ SECTION VII. That this ordinance shall be in full force and effect from and after the date of passage and publication as above speci- fied. APPROVED AS TO FORM AND LEGALITY: City Attorney DATE : ~ °1 ADOPTED : ~ ~ ~ .___ g 3 EFFECTIVE: `' r ~ _- ~3 lstg 20 ;.~,. `~ / t~ ~; > ~~ MAS~rR FILE•1 ~/,~{/-~• ~j~° /~f~ ~- Q ~j ///~// ~j~ ~ /- /~/~ /~//, ~) GITT MANAGEfi•L' J V11 ~ ®U ~..W~~ ~® (l/1L 0 (V~~IV ~®O U lV~~ (L~L~~LL/'1.W lL•~®// 1V AGGOUNTING~~2 AYIATI ON+L LA W..1! • • IIPll~hti'~ WORKS. I NUMBER CE I SUBJECT Department of Aviation I PAGE Ir 6/7/83 G- 5647 Ordinance 1 ot_1__.__ Background Chapter-VIII of-the City Charter provides that the City Council shall have the power toestablish by ordinance such administrative departments as it deems necessary for the efficient operation of the City The Department of Aviation has .operated under the provisions of Chapter 4 of Code of the City of Fort Worth-as amended September 8, 1975, since 1950 Many provisions of Chapter 4 are now obsolete The attached ordinance was drafted by the Department of Law based on input from the Department of Aviation in order to update the provisions of Chapter 4. It has been reviewed and approved by the Aviation Advisory Board Recommendation It is recommended that the City Council adopt the attached ordinance establishing and regulating the Department of Aviation MCM:jc Attachment APPROVED BY CITY COUNCIL JUN '~ 1~8~ ~~~~~~ City Secretary of the SUBMITTED FOR THE DISPOSITION BY COUNCIL. PROCESSED BY CITY MANAGER'S f1FFICE BY ~ = APPROVED ORIGINATING ~ .Ike Thom SOn OTHER (DESCRIBE) DEPARTMENT HEAD p ~ CITY SECRETARI CONTACTfIONAL IN IkeAThompSOn 624-112~D4'P~'E ORDINANCE N0. ~S~S~D DATE