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HomeMy WebLinkAboutOrdinance 22838-08-2017 ORDINANCE NO. 22838-08-2017 AN ORDINANCE REPEALING AND RESTATING CHAPTER 3 "AIRPORTS AND AIRCRAFT," ARTICLE I "IN GENERAL" AND ARTICLE V "REGULATIONS GOVERNING CITY-OWNED LANDING FIELDS" OF THE CODE OF THE CITY OF FORT WORTH,TEXAS (2015), AS AMENDED; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL PRIOR ORDINANCES AND REPEAL CONFLICTING ORDINANCES; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE;PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Fort Worth ("City Council") seeks to protect the public safety, preserve the quality of life, and promote efficiency within the City; and WHEREAS, the City Council seeks to establish and promulgate the standards deemed necessary to the maintenance and promotion of the peace,health, good government and welfare of city-owned Airports; to promote the security of persons using the Airports and their facilities; and to promote greater efficiency,expediency,and flexibility in administering Airports within the City; and WHEREAS,pursuant to Texas Local Government Code Chapter 51,the City Council has the general authority to adopt and publish an ordinance or police regulation that is for the good government, peace or order of the municipality and is necessary or proper for the carrying out of a power granted by law to the municipality; and WHEREAS,revisions to the City's ordinance are necessary to conform to state and federal law and aid in the administration of city Airports; and WHEREAS,the City Council finds this ordinance to be reasonable and necessary; NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,TEXAS,THAT: SECTION 1. Chapter 3 "Airports and Aircraft,"Article I of the Code of the City of Fort Worth is hereby repealed and restated to read as follows: ARTICLE I: IN GENERAL Page 1 of 15 Sec. 3-1 DEFINITIONS. The following terms, when used in this chapter, shall have the meanings respectively ascribed to them by this section: AIR OPERATIONS AREA or AOA. Any area of the Airport, both public and leased, used or intended to be used for the landing, takeoff, taxiing or parking of Aircraft, or any other area designated so by the Director. AIR TRAFFIC CONTROL or ATC. Personnel, equipment and air traffic control services provided by the Federal Aviation Administration, or other person, firm or corporation contracted to do so by the City of Fort Worth. AIRCRAFT. Any weight-carrying structure for navigation in the air and which obtains support by the dynamic reaction of the air to any obstruction connected with the structure. Gliders or ultralights, either powered or unpowered, Helicopters, hot air balloons and airships will be considered Aircraft. AIRCRAFT EMERGENCY or EMERGENCY. A problem or condition involving an Aircraft either in flight or on the ground, which could endanger lives or property. An Aircraft Emergency can be declared by the pilot, ATC or other personnel responsible for the safe operation of the Aircraft or Airport. AIRPORT, AIRPORTS or AIRFIELD.All of the land, improvements, facilities and development of the Fort Worth Meacham, Alliance and Spinks Airports, or any other city-owned airport, except for the Dallas-Fort Worth International Airport. AIRPORT CERTIFICATION MANUAL or ACM. The FAA approved manual containing the minimum operating standards of a specific Airport, as prescribed in FAR part 139, for certification of that Airport. AIRPORT CERTIFICATION SPECIFICATIONS or ACS. The FAA approved specifications containing the minimum operating standards of a specific Airport, as prescribed in FAR part 139, for certification of that Airport. AIRPORT MANAGER The specific manager or assistant aviation director responsible for the efficient administration of a specific Airport. The Airport Manager acts in the absence of the Director, or upon specific instruction of the Director. AIRPORT OFFICIAL. The Director, Airport Manager, airport operations superintendent, airport operations supervisor, or any other Aviation Department employee designated by the Director to be responsible for the safe operation of the Airports and specifically designated with the authority to do so by the Director. AIRPORT RESCUE AND FIREFIGHTING or ARFF. The primary airport firefighting Ordinance No.22838-08-2017 Page 2 of 15 personnel and equipment responding to emergencies on the Airports. AIRPORT ROADWAY. Those portions of the Airports designated and made available temporarily or permanently by the Director for vehicular traffic and not located on ground leased by others. AVIATION DEPARTMENT. The Aviation Department of the City of Fort Worth, Texas, the department employing those city employees whose primary task is to administer, operate and maintain all Airports. DIRECTOR The Aviation Director, the head of the Aviation Department, being responsible for the administration, operations and maintenance for all Airports. FAA. The Federal Aviation Administration. FAR The Federal Aviation Regulations found in C.F.R. Title 14. 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. MOVEMENT AREA, The runways, taxiways and other landing areas of the Airport which are utilized for taxiing, hover taxiing, air taxiing and landings and takeoffs of Aircraft, exclusive of Ramp Areas. NATIONAL FIRE PROTECTION ASSOCIATION or NFPA. A global nonprofit organization devoted to preventing death, injury, property and economic loss due to fire, electrical and related hazards. OPERATOR Any person who drives, pilots, controls or maintains, either directly or indirectly, an Aircraft or Vehicle. PERSON. Any individual, firm, partnership, corporation, association, company (including any assignee, receiver, trustee or similar representative thereof), or the United States of America or any foreign government, state or political subdivision thereof. RAMP or RAMP AREA. Those portions of the Airport, both public and leased, designated for the parking or storage of Aircraft. RESTRICTED AREA. Any portion of the Airport to which no ingress is permitted except upon specific authorization by the Director. RUN-UP. Any operation of a stationary aircraft engine above idle power except to overcome inertia for taxiing. SELF-FUELING. The fueling or servicing of an Aircraft by the owner of the Aircraft with his Ordinance No.22838-08-2017 Page 3 of 15 or her own employees and using his or her own equipment. VEHICLE or MOTOR VEHICLE. Any automobile, golf cart, truck, bus, motorcycle, recreational Vehicle, bicycle, push cart, fuel servicing Vehicle,tug or any other device in or by which a Person or property is or may be transported or drawn on a roadway, other than a device used exclusively on stationary rails or tracks. VEHICULAR PARKING AREA. Those portions of the Airport designated and made available temporarily or permanently by the Director, or his designee, for the parking of Vehicles but not including parking areas under lease to others. Sec. 3-2. PENALTY FOR VIOLATIONS OF CHAPTER. 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 chapter affecting fire safety, zoning and public health and sanitation, including dumping of refuse, shall be fined not more than $2,000 for each offense, and shall be fined not more than $500 for all other violations. Each day that a violation is permitted to exist shall constitute a separate offense. Sec. 3-3-3-15. Reserved. SECTION 2. Chapter 3 "Airports and Aircraft,"Article V of the Code of the City of Fort Worth is hereby repealed and restated to read as follows: ARTICLE V: REGULATIONS GOVERNING AIRPORTS DIVISION 1: GENERALLY Sec. 3-81. Title. The rules set out in this article are adopted for the regulation of any Airport. These rules may be cited as "Fort Worth Airport Rules and Regulations." Sec. 3-82. Intent. It is the intent of the city by and through the rules and regulations in this article to establish and promulgate the standards deemed necessary to the maintenance and promotion of the peace, health, good government and welfare of city-owned Airports; to provide for the best performance of the functions thereof; to promote the security of Persons using the Airports and their facilities; and to provide suitable penalties for the violation thereof. Sec. 3-83. Scope. The rules and regulations in this article shall constitute a special enactment effective only within the boundaries of the Airport as depicted on the Airport Layout Plan approved by the FAA and not otherwise. Sec. 3-84. Federal Aviation Administration regulations and procedures. Ordinance No.22838-08-2017 Page 4 of 15 (a) All flight and ground aircraft operations and Vehicle operations at an Airport shall be conducted in accordance with FAA rules and regulations and FAA approved policies and procedures for aircraft and airports, and now in effect or hereafter promulgated, which rules, regulations and procedures are incorporated into this code by reference. (b) Any ACM or ACS now in effect or hereafter adopted by the FAA for an Airport, upon adoption, is incorporated into this code by reference. Sec.3-85-3-95. Reserved. DIVISION 2: REGULATION OF VEHICLES Sec. 3-96. Generally. All of the provisions of Title 7 of the Texas Transportation Code, entitled"Vehicles and Traffic" are hereby declared to be in effect on the Airport Roadways, as defined, except insofar as this article prescribes different provisions. Sec. 3-97. TRAFFIC-CONTROL DEVICES. (a) It shall be unlawful to disobey any traffic-control device, sign, signal,marking or insignia erected, installed or placed by authority of the Director of Transportation and Public Works of the city. This shall apply,when applicable,to 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 Texas Transportation Commission, as set forth in Chapter 544 of the Texas Transportation Code. (b) Except for speed limit signs, all traffic-control devices, signs, signals, markings and insignia as presently located, erected or installed on the premises of the Airport are hereby adopted, affirmed and ratified. Hereafter, to effect any change the Director of Transportation and Public Works or his or her 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 the Director's office; provided,however, the delegation of authority granted in this section 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 at 20 mph. Vehicular speeds on aircraft Ramps are set at ten (10) mph, 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.3-98. PARKING. Ordinance No.22838-08-2017 Page 5 of 15 (a) It shall be unlawful for a Vehicle to park or remain standing upon aircraft apron areas in such a manner that impedes Aircraft access into and out of hangars and taxilanes. (b) Any Vehicle which is disabled or which is parked in violation of this section or which represents an operational hazard at the Airport may be removed or towed 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 in full therefor shall be a prerequisite to the reclaiming of the Vehicle by the Operator or owner. (c) The method of disposition of abandoned or junked Motor Vehicles or other Vehicles shall be as set forth in Chapter 683 of the Texas Transportation Code (Abandoned Motor Vehicles) and §§ 22-301 et seq. (d) Unless prior arrangements have been made with the Airport Manager, Motor Vehicles properly parked but which remain at the Airports in excess of 30 days may be removed and disposed of by the Airport Manager as provided in Chapter 683 of the Texas Transportation Code and §§ 22-301 et seq. 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 40 feet, which shall read substantially as follows: "NOTICE: IF VEHICLE IS TO BE PARKED IN EXCESS OF THIRTY (30) DAYS, CALL 817-392-5400" (e) 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 48 hours, it shall be impounded and disposed of at the direction of the Airport Manager and in accordance with Chapter 683 of the Texas Transportation Code and §§ 22-301 et seq; and (3) Nothing in this section 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. (f) For Motor Vehicles without an Operator due to arrest or detention of the owner or Person in charge thereof: Ordinance No.22838-08-2017 Page 6 of 15 (1) Where a Motor Vehicle is without an Operator due to the arrest or detention of the owner or Person in charge thereof, the Vehicle shall be taken to a city vehicle impoundment area; (2) If the arrested or detained Person is confined but makes provision for another Person to remove the Vehicle within 24 hours,no charges or fees shall accrue against the Vehicle unless it has been towed to a city vehicle impoundment area, in which case it shall be subject to the prevailing customary charges for towing, impoundment and storage; (3) The procedures relating to notification and auction set forth in Chapter 683 of the Texas Transportation Code and §§ 22-301 et seq shall apply; and (4) Nothing in this section shall authorize the release of a Motor Vehicle which itself is to be used as evidence in a criminal proceeding or prosecution, which contains or contained any item of evidence to be introduced in a criminal proceeding or prosecution, or which is subject to forfeiture by federal, state or local law enforcement officials. See. 3-99-3-100. Reserved. Sec. 3-101. Impeding flow of traffic. No Person shall park, stop or stand a Vehicle in any Airport Roadway, driveway, Ramp, taxiway, gate, 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 3-107: Trailers and Recreational Vehicles Trailers, water craft and recreational vehicles are permitted on Airport property only if they can be stored within a facility and not impede the ingress and egress of Aircraft to that facility. The primary use of a hangar must remain aeronautical. The Director, in his discretion, shall have authority to allow trailers used for an aeronautical purpose outside of building facilities on a temporary basis. Sec 3-108: Airport Perimeter Roads It shall be unlawful for any unauthorized Vehicle to access any Airport perimeter roads. All Vehicles accessing an Airport perimeter road are required to be marked and lighted. See. 3-109-3-115. Reserved. Ordinance No.22838-08-2017 Page 7 of 15 DIVISION 3: REGULATION OF AIRCRAFT Sec. 3-116. Parking; fees. (a) Parked Aircraft. Aircraft shall be parked only in assigned, currently leased or otherwise properly designated and authorized areas. Parked and unattended Aircraft shall be chocked or tied down if remaining overnight. No Aircraft shall be parked in Restricted Areas without the permission of an Airport Official. (b) Schedule of fees; failure to pay; violation. The 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 Aircraft 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 Aircraft to criminal sanctions or may result in the impoundment of the Aircraft as hereinafter provided. There will be no fee for the parking of military Aircraft. 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 registered, shall be held prima facie responsible for such violation. Sec. 3-117. Illegally parked Aircraft; remedies Aircraft which are parked, stored or abandoned contrary to the provisions of§ 3-116, may be impounded. Redemption of Aircraft which have been impounded will necessitate the owner or Operator paying all fees accrued against such Aircraft to include towing and storage fees incident to impoundment. The 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 activities shall be charged against the registered owner of the Aircraft. Sec. 3-118. Accidents; damaged property; repairs to Aircraft. (a) All accidents, incidents or damage of any nature involving Aircraft or Vehicles shall be reported to the Director as soon as possible after the occurrence of same. (b) Any damage to Airport installations, equipment or property as a direct or indirect consequences of flight operations shall be, prima facie, the responsibility 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 registered owner. (c) The owner of a damaged or disabled Aircraft shall promptly remove it from any portion of the Movement Area, unless otherwise directed by the FAA, NTSB or an airport official. Failure of the owner or Operator to so remove an Aircraft may result in removal by the Aviation Department, and all expenses of this removal will be the responsibility of the owner. Ordinance No.22838-08-2017 Page 8 of 15 (d) Damaged or disabled Aircraft parked or stored in an authorized, assigned, leased or otherwise properly designated area in excess of 30 days without undertaking repair or restoration thereof to operable condition will, in the absence of special arrangements with and permission of the Airport Manager, be deemed abandoned Aircraft and subject to impoundment as illegally parked Aircraft under § 3-117. (e) Repairs to Aircraft damaged while in motion or parked on the Airport are the sole responsibility of the owner. (f) No repairs to or maintenance of Aircraft shall be performed on any public area of an Airport, unless authorized by the Director. Sec. 3-119. Lien on impounded Aircraft. (a) The city shall have a lien on impounded Aircraft for the storage and care thereof. Notification to the owner of impounded Aircraft shall be conclusively presumed given if, after accrual of 60 days of unpaid storage charges or fees, the registered owner of such Aircraft is advised by registered 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 30 days from the mailing of such notice unless payment or suitable arrangements for payment have been made. (b) The owner of any Aircraft which is parked, stored or abandoned contrary to the provisions of§ 3-116 shall be presumed to have consented to the creation of a lien under this section. Sec. 3-120. City free from 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 provisions of this article. Sec. 3-121. Aircraft operating generally. (a) Licenses, registrations, etc., available. All Aircraft and ground operations shall be conducted in accordance with current Federal Aviation Administration rules and regulations. All Persons operating an Aircraft shall have all licenses, registrations, certificates and other required documentation available on their Person, or in the Aircraft, in accordance with same. (b) Authority to prohibit operations. Except for Emergency landings, the Director or his designee may prohibit Aircraft landings and takeoffs at any time and under any circumstances which he or she deems likely to endanger Persons or property. Ordinance No.22838-08-2017 Page 9 of 15 Sec. 3-122. Aircraft movement. (a) Takeoffs and landings. No Aircraft shall land at or take off from the Airport without permission from ATC, during hours that ATC services are provided. During hours that ATC services are not provided, landings and takeoffs will be at pilots' discretion and in accordance with all Federal Aviation Regulations for operating Aircraft on an uncontrolled Airport. (b) Taxiing. No Person shall taxi an Aircraft on any portion of the Movement Area without permission of ATC, during hours that ATC services are provided. During hours that ATC services are not provided, taxiing will be at pilots' discretion and in accordance with all Federal Aviation Regulations for operating Aircraft on an uncontrolled Airport. No Aircraft shall be taxied into or out of a hangar under its own power. (c) Aircraft lights. All Aircraft which are being taxied, towed or otherwise moved at the Airport shall have running lights on during the hours of darkness and during periods of reduced visibility. Sec. 3-123. Aircraft noise. (a) Noise abatement. All Persons operating an Aircraft will at all times adhere to any and all noise abatement procedures in effect at the Airports, except in the case of an Emergency. (b) Engine Run-Ups. (1) It shall be unlawful for any Person to conduct an Aircraft engine Run-Up at any Airport except at the times set forth in the following schedule: Sundays 8:00 a.m. to 10:00 p.m. Mondays 6:00 a.m. to 10:00 p.m. Tuesdays 6:00 a.m. to 10:00 p.m. Wednesdays 6:00 a.m. to 10:00 p.m. Thursdays 6:00 a.m. to 10:00 p.m. Fridays 6:00 a.m. to 10:00 p.m. Saturdays 6:00 a.m. to 10:00 p.m. (2) Aircraft engine Run-Ups at any Airport shall be conducted only at locations at the Airport designated by the Director for that purpose. A Person conducting an engine Run-Up shall ensure that other Persons, hangars, shops, other buildings and parked Vehicles are not in or likely to be in the path of a propeller or jet blast. Ordinance No. 22838-08-2017 Page 10 of 15 (3) A violation of this subsection(b) shall constitute a misdemeanor criminal offense punishable by a fine not to exceed $500. Sec.3-124. Radar. Surveillance radar equipment in Aircraft shall not be operated within 300 feet of any fuel servicing or other operation in which flammable liquids or vapors may be present or created. Sec. 3-125--3-135. Reserved. DIVISION 4: PERSONAL CONDUCT Sec. 3-136. Generally The provisions of this article shall not be construed as limitations upon the civil or criminal laws of this state which are in full force and effect within the Airports. Sec. 3-137. Restricted Areas (a) The Director shall have authority to designate Restricted Areas at the Airport. (b) It shall be unlawful, without specific authorization from the Director,to enter or travel, in a Vehicle or on foot, upon any area designated as a Restricted Area. (c) It shall be unlawful for any Person who is upon any Restricted Area of the Airport to fail or refuse to produce proper identification(driver's license, Social Security card or some similar authoritative indicia of identity)upon the request of an Airport Official, city employee, or a peace officer of the city or the county or other state or federal law enforcement officer. Sec. 3-138. Animals. At all times while within the AOA, all animals must be kept either: (a) on a leash and under the direct physical control of the owner or handler at all times; or (b)properly restrained or confined for shipment. Sec. 3-139. 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. (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. This is not intended to prohibit business enterprises leasing premises on the Airports from inviting salesmen,mobile lunch trucks Ordinance No.22838-08-2017 Page 11 of 15 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 necessary permit or concession from the city as provided elsewhere in this code. See. 3-140. Advertisements. It shall be unlawful to post, distribute or display signs, advertisements, handbills, circulars or printed or written matter of a commercial nature at the Airports without specific authorization from the Director, or his designee. See. 3-141. 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 Director may from time to time prescribe. Sec. 3-142. Airspace Hazards. It shall be unlawful to operate or release any kite, balloon, model rocket or parachute upon or above the Airport without written permission from the Director. See. 3-143. Demonstrations. (a) It shall be unlawful for organizations, groups of individuals or individuals to conduct or participate in parades, marches,patrols or demonstrations on the Airport unless a permit has been granted by the Aviation Department. (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 intimidate any member of the public. Sec. 3-144. Recreational Activities. It shall be unlawful to use Airport premises for the purpose of camping, athletic games, contests, hunting or picnicking unless permission for such activity is granted in writing by the Director and is in compliance with all other applicable laws. Ordinance No.22838-08-2017 Page 12 of 15 Sec. 3-145. Commercial Videography. (a) It shall be unlawful to utilize moving picture equipment for the purpose of commercial videography unless such Person has obtained written permission to access the property from the Director or applicable tenant. (b) It shall be unlawful to conduct polls, opinion surveys, name listings or to solicit any other commercial data or information on Airport premises without a permit from the Airport Director. Sec. 3-146. Tampering with private or public property. It shall be unlawful to tamper with or obstruct the operation of private or public property at an Airport in any manner which may result in damage to Persons or property. Sec. 3-147. Grills It shall be unlawful to use a cooking grill within 50 feet of any fuel truck or fueling facility or within 10 feet of a building or structure. Secs. 3-148-3-154 Reserved. DIVISION 5: AIRCRAFT FUELING AND FIRE SAFETY Sec. 3-155. Uniform Fire Code adopted. The provisions of the most recently city council-adopted International Fire Code, and NFPA section 407 "Aviation Facilities," is hereby adopted as a part of this code, by reference. The International Fire Code and the NFPA Section 407 is on file in the Office of the City Secretary. Sec. 3-156. Self-Fueling Aircraft Any Aircraft engaging in Self-Fueling shall be required to fully comply with applicable regulatory measures, and have an approved permit from the Aviation Department. Sees. 3-157-3-159. Reserved. DIVISION 6: ENFORCEMENT Sec. 3-160. Intent. This division is designed to establish and define enforcement authority necessary to ensure the maintenance and promotion of the peace, good government and welfare of the city's aviation assets; for the performance of the functions thereof, for the order and security of its inhabitants, users and visitors; and to protect the peace, lives, health and property of such inhabitants, users and visitors. Ordinance No.22838-08-2017 Page 13 of 15 Sec. 3-161 Airport Security. (a) General. The primary responsibility 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 Director, advised and assisted by the aviation advisory board,the chief of police, the fire marshal, the Director of the department of transportation and public works and such other departments and agencies of the city, as special problems and circumstances may from time to time require. (b) Power of the Director and assistants to require identification. The Director and other regularly appointed employees of the Aviation Department specifically designated by the Director shall have the right and power to request identification and require any Person to give his or her true name and residence address to such Director or designated employee when acting in an official capacity in matters connected with the Aviation Department, including the enforcement of this article (Fort Worth Airport Rules and Regulations). It shall be unlawful for any Person to intentionally refuse to report or give a false report of his or her 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 this article. Sec. 3-162. Enforcement authority; penalties. Any peace officer of the city, the Director and other regularly appointed employees of the Aviation Department specifically designated by the 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. Secs. 3-163-3-165. Reserved SECTION 3. This ordinance shall be cumulative of all provisions of ordinances of the Code of the City of Fort Worth, Texas, (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such other 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 phrases,clauses,sentences, paragraphs and sections of this ordinance are severable,and,if any phrase,clause,sentence,paragraph or section of this ordinance 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 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. Ordinance No.22838-08-2017 Page 14 of 15 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 the Code of the City of Fort Worth, or any other ordinances of the City,that 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. 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 shall be fined an amount not exceeding two thousand dollars ($2,000.00) for each offense. Each day that a violation exists shall constitute a separate offense. SECTION 7. 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 (2) days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section 52.013. SECTION 8. This ordinance shall take effect upon adoption and publication as required by law, and it is so ordained. APPRO`r D AS TO -FORM AND LEGALITY: ATTEST: 01 M,LCLAAA P`aige- bane,Assistant City Attorney Mary J- cretary Date: !3 1�Q 111 ADOPTED: August 15,2017 EFFECTIVE: (r L Z Ordinance No.22838-08-2017 Page 15 of 15 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 8/15/2017 - Ordinance No. 22838-08-2017 DATE: Tuesday, August 15, 2017 REFERENCE NO.: G-19074 LOG NAME: 55REVISION TO RULES AND REGULATIONS SUBJECT: Adopt Ordinance Repealing and Restating Chapter 3, Article I, In General, and Article V, Regulations Governing City-Owned Airports, of the Code of the City of Fort Worth to Comply with Local, State and Federal Regulations and to Reflect Current Practices (COUNCIL DISTRICTS 2, 6 and 7) RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance repealing and restating Chapter 3, Article I, In General, and Article V, Regulations Governing City-Owned Airports, of the Code of the City of Fort Worth governing activities at Fort Worth Alliance, Meacham International and Spinks Airports. DISCUSSION: Chapter 3 of The Code of The City of Fort Worth (Airport Rules and Regulations) is the guiding document used to govern and ensure compliance with rules and regulations relating to Fort Worth Meacham International, Spinks, and Alliance Airports. It also ensures the safety and security of these airports. In 1991, the City Council approved an update to Airport Rules and Regulations, which was the last revision to date. The Aviation Department's proposed changes to the Airport Rules and Regulations consist largely of clerical changes, but also include revisions to existing provisions to improve conformity and compliance with current city, state, and federal laws and regulations. Other changes were made in an effort to streamline the Airport Rules and Regulations to satisfy tenant requests and better reflect the manner in which tenants use the City's airports. A public meeting was held April 19, 2017 to discuss the proposed revisions to the Airport Rules and Regulations, and additional edits were considered. On May 18, 2017, the Aviation Advisory Board approved the recommendation that the City Council adopt an ordinance amending the Airport Rules and Regulations. The City's Airports are located in COUNCIL DISTRICTS 2, 6 and 7. This M&C does not request approval of a contract with a business entity. FISCAL INFORMATION I CERTIFICATION: The Director of Finance certifies that this action will have no material effect on City funds. FUND IDENTIFIERS (FIDs): TO _ Fund Department ccoun Project Program ctivity Budget Reference # moun ID� ID Year (Chartfield 2) Logname: 55REVISION TO RULES AND REGULATIONS Page 1 of 2 FROM Fund Department ccoun Project JProgram ctivity Budget Reference # moun ID ID Year Chartfield 2 CERTIFICATIONS: Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Aaron Barth (5434) Logname: 55REVISION TO RULES AND REGULATIONS Page 2 of 2