HomeMy WebLinkAboutOrdinance 23517-12-2018ORDINANCE NO. 23517-12-2018
AN ORDINANCE AMENDING CHAPTER 3 "AIRPORTS AND
AIRCRAFT," 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 V of the Code of the City of Fort Worth is hereby
amended to add the following:
Ordinance No. 23517-12-2018
Page 1 of 4
Sec. 3-102. Vehicle and pedestrian communications in Airport Movement Areas.
(a) Taxiing Aircraft shall have the right-of-way in preference over pedestrians and all other
Motor Vehicles at all Airports.
(b) At any Airport with a control tower in operation, it shall be unlawful for any Person to
walk or drive a Vehicle on or across any portion of a Movement Area unless:
(i) That Person has received proper authorization from the control tower to walk or drive on
or across any portion of the Movement Area and is in and maintains constant radio contact with
the control tower while walking or driving on or across any portion of the Movement Area; or
(ii) For an Operator of an Aircraft or other Motor Vehicle, that Person has received a light
signal or similar clear permission from the control tower prior to operating such Aircraft or other
Motor Vehicle on any portion of the Movement Area.
(c) At any Airport that does not have a control tower in operation, it shall be unlawful for any
Person to walk or drive a Vehicle on or across any portion of the Movement Area unless that
Person has received proper authorization from the Director or authorized designee to walk or
drive on or across any portion of the Movement Area and:
(i) Is in and maintains constant contact with the authorized UNICOM operator by way of
two-way radio; or
(ii) Is under escort by an individual who is in and maintains constant contact with the
authorized UNICOM operator by way of two-way radio.
(a) A violation of this section shall constitute a misdemeanor criminal offense punishable by a
fine not to exceed $500.
Sec. 3-103. Maintenance of Vehicles.
No Vehicle maintenance, for either aeronautical or nonaeronautical use, shall be performed in
any public area, without prior consent of the Director.
Sec. 3-104 RESERVED.
Sec. 3-105. Access to Airport property.
Notwithstanding anything in this division, the Director or his or her designee may restrict the
access of any Vehicle or Person to any part of the Airport, both public and leased, to ensure the
safety or security of the Airport.
Sec. 3-106: Unauthorized AOA Access
(a) It shall be unlawful to access the AOA of an Airport without expressed approval from the
Airport or be under escort by an authorized entity. Gate codes and access cards are
specific to individuals and are non -transferable.
Ordinance No. 23517-12-2018
Page 2 of 4
(b) It shall be unlawful to follow a Vehicle through a gate or "piggyback" to gain entry to the
AOA without the use of a gate code or access card or to allow "piggybacking" to occur. A
violation of this section shall result in a fine of up to $500. Additionally, at the discretion
of the Director, a violation of this section may result in the revocation of AOA access
privileges.
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.
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.
Ordinance No. 23517-12-2018
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SECTION 8.
This ordinance shall take effect upon adoption and publication as required by law, and it is
so ordained.
APPROVED AS TO FORM AND LEGALITY:
Thomas Ro en
Assistant City Attorney
ADOPTED: December 11, 2018
EFFECTIVE:
Ordinance No. 23517-12-2018
Page 4 of 4
Ti�E- ST _
ATi:
Mary J. Kays®r WSe&tary
City of Fort Worth, Texas
Mayor and Council Communication
.............. - — - ------- - - --
COUNCIL ACTION: Approved on 12/11/2018 - Ordinance No. 23517-12-2018
DATE: Tuesday, December 11, 2018 REFERENCE NO.: G-19440
LOG NAME: 55CLARIFY AND AMEND TO CH 3 RULES AND REGS
SUBJECT:
Adopt Ordinance to Amend Chapter 3, Article V, Regulations Governing City -Owned Airports, of the Code
of the City of Fort Worth and to Add Provisions Relating to Access to and within the Airports and
Maintenance of Vehicles (COUNCIL DISTRICTS 2, 6 and 7)
RECOMMENDATION:
It is recommended that the City Council adopt the attached ordinance amending Chapter 3, 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, adding provisions relating to access to
and within the Airports and maintenance of vehicles.
DISCUSSION:
Last year, under M&C G-19074, Council adopted Ordinance 22838-08-2017 which repealed and replaced
portions of Chapter 3 Airports and Aircraft of the City Code to make clerical changes and to improve
conformity and compliance with current city, state, and federal laws and regulations. In furtherance of this
goal, the Aviation Department has identified additional provisions that it would like to add to Chapter 3 of
the City Code, which will address issues regarding access to and within the Airports, as well as
maintenance of vehicles. 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.
A public meeting was held September 20, 2018 to discuss the proposed amendment to the Airport Rules
and Regulations, and additional edits were considered. On September 20, 2018, 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 / CERTIFICATION:
The Director of Finance certifies that this action will have no material affect on City funds.
FUND IDENTIFIERS (FIDS):
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Logname: 55CLARIFY AND AMEND TO CH 3 RULES AND REGS Page 1 of 2
FROM
CERTIFICATIONS:
Submitted for City Manager's Office by.
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Bill Welstead (5402)
Aaron Barth (5434)
Logname: 55CLARIFY AND AMEND TO CH 3 RULES AND REGS Page 2 of 2
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Project
Program
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Budget
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CERTIFICATIONS:
Submitted for City Manager's Office by.
Originating Department Head:
Additional Information Contact:
Fernando Costa (6122)
Bill Welstead (5402)
Aaron Barth (5434)
Logname: 55CLARIFY AND AMEND TO CH 3 RULES AND REGS Page 2 of 2