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HomeMy WebLinkAboutOrdinance 24163-04-2020 ORDINANCE NO.24163-04-2020 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, APPROVING RESOLUTION NO. 2020-03-065 OF THE DALLASIFORT WORTH INTERNATIONAL AIRPORT BOARD WHICH AMENDS CHAPTERS 1-5, and 8 OF THE DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD'S CODE OF RULES AND REGULATIONS, AS AMENDED; PROVIDING FOR A FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000) PER DAY FOR ANY VIOLATION THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8.F of the 1968 Contract and Agreement, as amended, between the City of Fort Worth, and the City of Dallas, Texas, provides that the Dallas/Fort Worth International Airport Board shall have the power, by a duly adopted order, to adopt and enforce rules and regulations for the orderly, safe, efficient and sanitary operation of the Airport, and to prescribe reasonable penalties for the breach of any rule or regulation not to exceed the maximum fines authorized by state law;and WHEREAS, Sections 22.082 of the Texas Transportation Code, Chapter 22, Subchapter D and Section 8.F of the 1968 Contract and Agreement, as amended, provide that such orders by the Dallas/Fort Worth International Airport Board shall become effective only upon approval of the governing bodies of the Cities of Fort Worth and Dallas and proper publication; and WHEREAS, on March 5, 2020, the Dallas/Fort Worth International Airport Board passed, approved, and ordered Resolution No. 2020-03-065, which amends the Dallas/Fort Worth International Airport Board's Code of Rules and Regulations, as amended, to make it a civil offense to fail to pay parking and access charges; making it an offense for a badgeholder to fail to return a badge when required; including a provision dealing with permittee appeal rights in the event a permit is denied by the board; and providing a definition for commercial activity and who is subject to that definition;and WHEREAS, the Dallas/Fort Worth International Airport Board has requested that the City Councils of the Cities of Fort Worth and Dallas approve its said Resolution No. 2020-03- 065 in order that it may become effective. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH TEXAS: SECTION 1. That all of the declarations and findings contained in the preamble of this ordinance are made a part hereof and shall be fully effective as part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 2020-03-065 of the Dallas/Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit "A" and is made a part of this ordinance by reference, is hereby approved. SECTION 3. That after publication of a substantive statement relating to the contents of Resolution No. 2020-03-065 of the Dallas/Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Tarrant and Dallas, stating that a breach of any provision of Resolution No. 2020-03-065 will subject the violator to a penalty,and stating that the full text of 2 Resolution No. 2020-03-065 and any attachments to it are on file in the principal office of the Dallas/Fort Worth International Airport Board to be read by any interested party. Resolution No. 2020-03-065 shall thereafter have the same force and effect within the boundaries of the Dallas/Fort Worth International Airport as an ordinance by the City Council of the City of Fort Worth would have in the City of Fort Worth, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Fort Worth are enforced. SECTION 4. That the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section shall be declared unconstitutional or invalid by the valid judgment or decree of any court of competent jurisdiction, the unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or section. SECTION 5. 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 or Resolution No. 2020-03-065 shall be fined not more than Five Hundred Dollars ($500.00) or more than Two Thousand Dollars ($2000.00) for each offense relating to fire safety or public health and sanitation, including the dumping of refuse. Each day that a violation is committed, continued, or permitted to exist shall constitute a separate offense. 3 SECTION 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of any other ordinances affecting the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 7. That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish the caption,penalty clause and effective date of this ordinance for two days in the official newspaper of the City of Fort Worth, Texas, as authorized by Texas Local Government Code, Section 52.013. SECTION 8. That this ordinance shall take effect immediately from and after its passage and publication as required by law, in accordance with the provisions of the Charter of the City of Fort Worth, and it is accordingly so ordained. APPROVED AS TO FORM AND LEGALITY: ircvrrrlA.J AF bLZ&Vf al$IPI�1� By: Thomas R.Hansen(Apr 14,2020) Assistant City Attorney Mary J.Kayser,City Secretary "WQ�j' Adopted and Effective: April 7, 2020 O J 4 L.J'1 V V April 7, 2020 STATE OF TEXAS § COUNTY OF DALLAS § COUNTY OF TARRANT § I, Donna J. Schnell, Board Staff Secretary of the Dallas-Fort Worth Iriternational Airport Board, do hereby certify that the attached is a true and correct copy of Resolution No. 2020-03-065, approved by the Dallas-Fort Worth Intemational Airport Board of Directors at its Board Meeting held on March 5, 2020. WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, this 7thday of April 2020. Donna J. Schn Board Staff Secretary Dallas Fort Worth International Airport P.O.Box 619428 DFW Airport,TX 75261-9428 DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD OFFICIAL BOARD ACTION/RESOLUTION Date Committee Subject Resolution # 03/05/2020 Finance/Audit Changes to DFW Airport Code of Rules and Regulations 2020-03-065 Action That the Chief Executive Officer or designee be authorized to recommend the attached changes to the DFW Airport Code of Rules and Regulations. Description of major substantive code changes: • Chapter 2 (Traffic Regulation): Failure to pay parking and access charges will become a civil offense, punishable by a $58 fine, in addition to the parking and access charges themselves. • Chapter 3 (Miscellaneous Offenses): Failure to return security credentials will become an offense. • Chapter 3 (Miscellaneous Offenses): The Board's duty to file a declaratory judgment action in court every time a permit is refused or revoked, if a hearing is requested by the permit holder or applicant, is being deleted. • Chapter 8 (Commercial Activities): The general prohibition against commercial activity on the airport without a permit from the Airport Board will be rewritten to broaden its scope. Justification • These changes will eliminate unnecessary procedures and allow better enforcement of Board policies. D/S/M/WBE Information • N/A. Contract# Agreement# Purchase Order# Action Amount Revised Amount $0 $0 For Information contact Fund Project# External Funding Source Amount Elaine Rodriguez $0 3-5787 Resolution #2020-03-065 Additional Information Additional Attachments: Y BE IT RESOLVED BY THE DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD That the Chief Executive Officer or designee be authorized to recommend the attached changes to the DFW Airport Code of Rules and Regulations. Approved as to Form by Approved as to Funding by Approved as to M/WBE by Tomme, Paul Miyashita, Glenn Burks Lee, Tamela Legal Counsel Assistant Vice President Capital Vice President Business Diversity Feb 18, 2020 12:52 pm Planning and Development Finance Business Diversity and Feb 20, 2020 1:13 pm Development Feb 19, 2020 10:48 am SIGNATURE REQUIRED FOR APPROVAL Approved by Department Head Mar 6, 2020 8:58 am Legal Feb 18, 2020 10:26 am Chief Executive Officer Date Chapter 1 General Provisions Sec. 1-1. Title. Sec. 1-2. Intent. Sec. 1-3. Scope. Sec. 1-4. Definitions. Sec. 1-5. GatGhlinesHeadings of Sections. Sec. 1-6. Severability. Sec. 1-7. Culpable Mental State. Sec. 1-8. Adoption of Code. Sec. 1-9. Penalty, Continuing Violations. C n �1 0 w of the State of Tex evrtr��a Laws ". SEC. 1-1. TITLE. The Gedesrules and regulations embFasedadopted in this and the following chapters andsGtie shall constitute and be designated "The Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board;" an may he so E.ited Sesq-sedelt is may also he referred to herein as "this Code" or"the G^,�e" SEC. 1-2. INTENT. It is the intent of this Code to establish certain rules and regulations necessary to the maintenance and promotion of the peace, health, good government and welfare of the Dallas-Fort Worth International Airport, to provide for the best performance of the functions thereof, for the security of persons using the Dallas-Fort Worth International Airport and to provide by such rules and regulations and by concurrent ordinances of the Cities adopting this Code, for suitable penalties for the violation of its provisions. SEC. 1-3. SCOPE. 1 The provisions of this Code shall constitute a special enactment of effect only within the boundaries of the Dallas-Fort Worth International Airport, pursuant to Transportation Code; Section 22.082 and adopted in cooperation and concert with the Cities of Dallas and Fort Worth. This Code shall not be construed to waive or set aside any provisions contained in other Dallas-Fort Worth International Airport Board approved rules or regulations not expressly repealed hereby or other existing ordinances of the Cities of Dallas and Fort Worth applicable to the Dallas-Fort Worth International Airport or any law of the State of Texas applicable to the Dallas-Fort Worth International Airport. To the extent of any conflict between this Code and the existing or future general ordinances of any city other than the Cities of Dallas and Fort Worth, this Code shall prevail within the boundaries of the Dallas-Fort Worth International Airport. SEC. 1-4. DEFINITIONS. The definition of a term in this chapter shall apply to the entire Code. A word importing the masculine gender only shall extend and be applied to include females and to firms, partnerships and corporations as well as to males. AIR OPERATIONS AREA or "AOA" shall mean the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing, taking-off or surface maneuvering of aircraft. The AOA does not include those leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations or agreement incorporated in a signed lease. AIRPORT shall mean all of the land, improvement, facilities and developments within the boundaries of the Dallas-Fort Worth International Airport. AIRPORT BOARD or BOARD shall mean the Dallas-Fort Worth International Airport Board. AIRPORT ROADWAY means any portions of a street, roadway, or highway within the boundaries of the Airport. CEO shall mean the Chief Executive Officer of the Dallas-Fort Worth International Airport. CODE shall .n 'The Gede of Rules of the Dallas Ft 1A/nrF � Svc+c-c.rTca,?$�I�d-I�►�?��a�lAfl��rmc�attao-+-r.-vrvrch !RteMatinnal Airnnrf Board" DPS shall mean the Dallas-Fort Worth International Airport Board Department of Public Safety. DIRECTOR Fnean the head of a Boar depaFtmenthaving the title Vin Dresmden+ i--r�v�rir. 2 EXEC'ITIVE DIRECTOR shallcan the-chief � 've �E+er of the Dallas ��cc -rv-rrcroTcrrcvu�.r Fort Werth International Airport Beard, rd or his ecigpee imper- GENDER. A woFd ' g the FnaaSe 8 gender only shall e)denrd anrd he a,,...,,p^^p''llied-fie Epc�de females�-awe-#Ir�s� Fa aernsfa p6 and norpeFatiens as well as too males. GROUND TRANSP BUSINESS shall r p u anee of the ' mateFial or baggage for e either within the AirperF or from er to the Airport a id pain+ outside thereof PERMIT shall mean an official written instrument granting a special privilege and issued by the Airport Board. �P�E,.,RSON shall ,.m.�}eaten,, any},,i.,ndividual, firm, paFtneFship �+erpeFatien, se,lee pFapriet9rship, gevvcT77rmi e t , aGGGi�atieR, GOMpan ageRGY, USt,� eMhiippOf tWG or mere persons having a joint or eommnn ennpom ie interact or other legal entity. RESTRICTED AREA shall mean any area locked or posted by the Airport to either prohibit or limit entry or access to specific authorized persons. VEHICLE 6hhall mean aprd OnGlude automobiles, tFUGks, uses, motereYele� r any pernsen-eF pr-epe#y+s-oF may be transpeFted, Gamed, or draw J eveoeptFaGk � s. VEHICULAR PARKING AREA snq'ilil me p +hoce�pe rtieF;5 of the AiIrper designated and made available tempoFarily OF permanently by the AiFpeFt BOaFd fGF th8 parking of vehielec SEC. 1-5. GATCHLINESHEADINGS OF SECTIONS. GatGhlinesHeadings of the sections of this Code are intended as merely GatGhwords—to indicate general contents of the section, and for index or search convenience, and shall not be iaarkp-R erdeem d too-be titles er "h^II same he construed as a substantive part of any section. I SEC. 1-6. SEVERABILITY. The sections, subsections, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraph, subsection or section of this Code 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, subsections and sections of this Code, since 3 the same would have been enacted without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, paragraph, subsection or section. SEC. 1-7. CULPABLE MENTAL STATE. (a) A culpable mental state is not required for the commission of an offense under this code or another city ordinance that is punishable by a fine not exceeding $500, unless the provision defining the conduct expressly requires a culpable mental state. (b) In accordance with Section 6.02 of the Texas Penal Code and notwithstanding any code or ordinance provision to the contrary, a culpable mental state is required for the commission of an offense under this code or another city ordinance that is punishable by a fine exceeding $500. (c) When a culpable mental state is required for the commission of an offense under this code or another city ordinance, a person must have acted knowingly or with knowledge, unless the provision defining the conduct expressly requires a different degree of culpability. (d) A person acts knowingly, or with knowledge, with respect to the nature of his conduct or to circumstances surrounding his conduct when he is aware of the nature of his conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of his conduct when he is aware that his conduct is reasonably certain to cause the result. SEC. 1-8. ADOPTION OF CODE. (a) The Board may from time to time adopt certain additional resolutions, rules, regulations and orders which it deems to be necessary to the maintenance and promotion of the peace, good government and welfare of the Airport, 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, and prescribed suitable penalties for the violation thereof, all in the manner prescribed by Transportation Code Chapter 22, and such rules, regulations and orders shall not be construed as an attempt to waive or set aside any provisions contained in the existing ordinances of any city or in any law of the State of Texas. To the extent of any conflict between the existing or future general ordinances of any city, such rules, regulations and orders of the Board shall prevail and be effective within the boundaries of the Airport, but not otherwise. (b) Duly certified copies of all rules, regulations and orders of the Board pertaining to the subjects mentioned in SEC. 1-8(a), and prescribing penalties for violations, shall be forwarded by the Executive Director to the chief administrative officer of the Cities of Dallas and Fort Worth to adopt the Code; 4 and the duly authorized and commissioned peace officers or other enforcement officers of the Board shall thereafter be authorized to file cases arising thereunder in such municipal courts, in addition to any other convenient and proper forum. SEC. 1-9. PENALTY, CONTINUING VIOLATIONS. (a) The violation of any provision of this Code where an act or a failure to act is made unlawful or is otherwise prohibited, shall be punishable by a fine: 1) not to exceed $500.00; 2) not to exceed $2,000.00 if the provision violated governs fire safety, or public health and sanitation, including dumping of refuse; or 3) fixed by State law if the violation is one for which the State has fixed a fine. (b) A person violating a provision of this Code is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted, unless otherwise provided. SEC. 1 10. LAWS OF THE STATE OF TEXAS. All portion the Gd shall GUrA f I nli able nivil and GFiFAin I ��-R,;s S � utati�re e,--a�a�. s�, laws of the State of Texas 5 Chapter 2 Traffic Regulation ARTICLE I. IN GENERAL. Ses. 2 1 General Law GovemiR� Sec. 2-2:2-1. Traffic Control Installations. Sec. 2-3.2-2. Definitions. Al2TIC-1 C 11 ENFORCEMENT Sec. 2-5 2-3. Law Enforcement. 7_re Parking Cnfe Fe e6. ��-rrvrvemeR4r. Sec. 2-�2-4. Towing. Al2TIC-1 r 111 SeeT1 A. ffii, GeRtml w,De Sec. 2-5. Speed Limits. Gi �� See.2 11 GFUiSinn ARTICLE JVIII. AIRSIDE TRAFFIC. S+ecc. 2-2�2-6. Authority to Operate on the AOA. 'dACLb+ �-`z]�Te�rl 4� cirnr��lYf14A� p� SeG.2 23.A7rGrTVIL7 t Te`PGi7Tent AFea. Seen- 7-7 d L imit and Tr.�ffiG �4. Speed en#Fei: Sec. 2-2-5 2-7. Reckless Driving. Sec. 2 26-.2-8. Obedience to Signs. Sec. 2-2-7-.2-9. Parking on the AOA. Sec. 2-29-.2-10. Motor Vehicle Accidents. Sec. 2-2-9 2-11. Driving Under the Influence. Sec. 2-34.2-12. Safety Belts. ARTICLE V. PARKING VIOLATIONS. Sec. 2 0-.2-13. Obedience to Signs. dpr,. 211-1. We 9. Res. 2-42. 1 IRR',+hAFO�edZe;e- duo 2-43 I imited PaFk'Rg Sec. 2-442-14. Fire Lane. Sec. 2-45.2-15. Failure to Park in Marked Space. Sec. 2-46-.2-16. Employee Parking Areas. Sec. 2-47-.2-17. Parking by Air Operation Areas Fences. Sec. 2-48 2-18. Passenger Loading Zones— No Unattended Vehicle. Sec. 2-49.2-19. Impeding Flow of Traffic. Sec. 2-50-.2-20. Material Loading Zones. Sec. 2-21. Failure to Pay Parking and Access Charges Sec. 2-54-.2-22. Parking Defenses. ARTICLE V . ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS. Sec. ;e-- 2-23. Parking Violations Made Civil Offenses. 7_6 1� GTIT Rd Duty of the Admir.ic.tFaW yam. LVity TfV� Sec. 2-24. Hearing Requirement Sec. 2-6-2-.2-25. Hearing Officers; Powers, Duties and Functions. Sec. 2-63-.2-26. Parking Citations Form. Sec. 2-64-.2-27. Service of a Parking Citation; Presumption of Service. Sec. 2-65:2-28. Liability of the Vehicle Owner and Operator; Presumption of Liability. 2 Sec. 2-66-.2-29. Answering a Parking Citation. Sec. 2-6-7-.2-30. Adjudication by Mail, Electronic Mail or through the Online Citation Appeal System Sec. 2-68-.2-31. Hearings for Disposition of,a Parking Citation; Parking Qt_a+ir_n aIs, DrmRgR rmAr,le C./ir+enr.e Notice of Decision. SeGT69. Failure+o ARsiye-F a Parking Citation ear Anne. Tat. T par ng.i Sec. 2-7�2-32. Civil Fine Schedule. "" �� Sec. 2-74-2-33. Enforcement of Order. Sec. 2-72-2-34. Removal of Immobilization Device. Sec. 2-7-3-.2-35. Immobilization/Impoundment Hearing. Sec. 2-74-.2-36. Appeal from Hearing. Sec. 2-7&2-37. Disposition of Civil Fines, Penalties, and Costs. ARTICLE I. IN GENERAL. S€62w1-:—CrAIRR 46 LAIN O:� "€ 'R ' All of + 1/1f"onL+ I'f State I \A/ + g la n Of n'le+er y Ieles r�n-vra�l2-�i'�0 avr��VE'rRIF� rl�� F@gc��tF9 eklvr�.r "Vehirales „ "Rulesof the Read", T-Fane Ftatien Gede Chen+ Ir 502 11D n+inn of V ioleG" �-rc��a ,�ru�'T�� �r'ce���r'c�'c�vrrvrve��vrcv , Tren Qt_iG4n Go de GhenteF 501 - "f'veartifotate of Title Art", T-Fane.neFtafien G de GhapteF 62.1 11DFiiYer'n L'renses and GeFtifirates",, Tr n ; yT'pte{-�Y94 u�9i0+o rcv ia'e—dEtle i£ biIE ty A6�and -Fancar speFta}LttAinrr-v de—rGhapL+eF6Q93— 11 1, ww,,--.. , , Law SEC. 2-2-.2-1. TRAFFIC CONTROL INSTALLATIONS. (a)All d evi�1 , , , C }tt eFe6�f��+6/ ade by the Texas T—T�p�' n, .+cam n� "Y , con+inn GAA 002 ,The Airport Board is authorized to establish all traffic control devices, signs, signals, markings and insignias on the Airport-as heFeby adepted, affrix ffled aoncr —The- ECe61ut { r 're6t9f�anII oeR,d-rur-A 3 , signals, FAaFTI'iT',n-rgs-and i i_R#�, eF1id OR 61GGer••lyrucrnve-V1Hth suel;vr studies, make •spesi#+ed vac ^{ �; terms+tetra i„ �To+ or s�„ri+ Any maintainer) by the Direr+ter n the a„therit.i yec�tert in the C-i+eves of Dallass ant+ Fort Werth bar 6 n-mc�razrrvnry--v�cac �rvcmav-urrv-rvra��-vrcn--c� 545.363, the speed lip upen the S#Feets, wayspassages and veh°,or Mute's .writhin the he,mr+ariAe• And- r+enfinecs of the Alrner+ are re+, ti affirmed an ratifier) an deseFi�R AppeRdix 1 of this Gene Unless ottheFw*esepFevided, the axim„m sneer) limit on estree+rs' yr_ passages anr•1 yehie„lar re,,teG hour. The streets ye n d hia„lar „��rapd T rrvur�„c—acr4cr�—dlfayv,�a-sSaQes a#�yernv�ar—Feu Ifl aerv.nlianr•e yy�tth hne.r au city, the AirpeFt Beam+ rdireetts the Rer dvr.�iayes. The ddele-gatien of allth9lFity herein gFanted 'shall nr At extend to ca�a pr'bWoRho ging speed limits, but shall be established by the AiFP9Ft Rearrl aanerrtinr•, +a +h nte• of State 1 a.,u acs delegated to the Gi+iAcs by Legislative Anaa+men+ SEC. 2-4-.2-2. DEFINITIONS. The definition of a term in this chapter shall apply only to this chapter. ABANDONED VEHICLE shall have the meaning assigned in Section 683.002 of the Texas Transportation Code. ADMINISTRATOR shall mean the Vice President of OpeFaUG%the Transportation Business Unit of the Dallas-Fort Worth International Airport Board inel„dees his designated representatives agents er Airner+ Beam+ empleyeee , AIR OPERATIONS AREA or "AOA" shall mean the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing, taking-off or surface maneuvering of aircraft. The AOA does not include those leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations or agreement incorporated in a signed lease. 4 AIRCRAFT RESCUE AND FIRE FIGHTER ROAD (AARF) or EMERGENCY ACCESS ROADS shall mean roads on the AOA that are maintained to support emergency responses. AUTHORIZATION or AUTHORIZED shall mean acting under or pursuant to a written contract, permit, authorization or other evidence of right issued by the CEO rliren+er or his designee. BADGE shall mean an identification card issued by the Airport to identify a person with access authorization. I DISABLED PARKING PLACARD shall mean the placard issued by the state under section 681.002 of the Texas Transportation Code, as amended. DISABLED PERSON shall mean a person who has a permanent or temporary disability within the meaning of Section 681.001 in the Texas Transportation Code, as amended, and who has applied for and received: (a) a disabled person or disabled veteran license plate from the state; (b) a disabled parking placard from the state; or (c) a license plate or placard bearing the international symbol of access issued by a U.S. state or by a state or province of a foreign country. DISABLED PERSON LICENSE PLATE shall mean the specially designed license plate of a vehicle, issued by the state to a permanently disabled person under Section 504.201 of the Texas Transportation Code, as amended. DISABLED VETERAN LICENSE PLATE shall mean the specially designed license plate of a vehicle, issued by the state to a disabled veteran under Section 504.202 of the Texas Transportation Code, as amended. DPS shall me.A r. +he Dallas Pert Werth Internn+ienal AiFper+ QeaFd 11epaFtment e+ Publor—, Safety. ESCORT shall mean to accompany and monitor the activities of an individual who does not have unescorted access authority into or within a sterile area, secured area or SIDA. INTERNATIONAL SYMBOL OF ACCESS shall have the meaning defined in Section 681.001 of the Texas Transportation Code, as amended. JUNKED VEHICLE shall have the meaning defined in Section 683.071 of the Texas Transportation Code. 5 MOVEMENT AREA shall mean the area of the AOA utilized for taxiing, takeoff, and landing of aircraft and includes adjacent undeveloped areas. The movement area does not include loading ramps and parking area ramps. NON-MOVEMENT AREA shall mean the area that includes all aircraft parking areas, loading ramps and aircraft maintenance ramps. OPERATOR shall mean any person in control of a vehicle, including a railroad train or a vehicle being towed. OWNER shall mean a person in whose name the legal title of an aircraft or a motor vehicle is held or vested. PARK or PARKING shall mean to stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers. PARKING and ACCESS CHARGES are specified in the Dallas-Fort Worth International Airport Board Schedule of Charges. PARKING BAN shall mean certain hours or times during which standing, parking, or stopping of a vehicle is prohibited along the curb of designated street as indicated by signs. REGULATED VEHICLE means a taxicab or prearranged service vehicle RESTRICTED AREA shall mean any area locked or posted by the Airport to either prohibit or limit entry or access to specific authorized persons. STAND or STANDING shall mean to halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers. STOP or STOPPING shall mean: (a)when required, to completely cease movement; and, (b)when prohibited, to halt, including momentarily halting, an occupied or unoccupied vehicle, unless necessary to avoid conflict with other traffic or to comply with the directions of a police officer or a traffic control sign or signal. UNATTENDED VEHICLE shall mean a vehicle that is stopped or parked and whose driver and passengers have exited the vehicle and moved more than 50 feet away from the vehicle leaving, it unoccupied. VEHICLE shall mean and include automobiles, trucks, buses, motorcycles, horse-drawn vehicles, bicycles, pushcarts and any other device in or upon or by which any person or property is or may be transported, carried, or drawn upon land. 6 d VEHICULAR PARKING AREA shall mean those portions of the Airport designated and made available temporarily or permanently by the Airport Board for the parking of vehicles. ARTICLE E 11 F—NR-0R-r--FDRC IN'T SEC. 2-&2-3. LAW ENFORCEMENT. Peliee -Rnrd c.''eh n hor of effir.erc+ mac. the Airnert BeaFd eu hherizen /hl chief of Dr-lir e /41 shall he re6neRsihle for the proper adFn2n64ra ion and enemtiens of the pekoe rdenertment• (2),shhalll have the a f+heri+v to annr\in+ neaGe effir+ern fer sper+ifiG duties at the "'�. a `. I-o\7.g en Vrr-,emen 7TT7Vrr area a r haFged with er h maintaining p ee and 4er�d n shall II�Feyipe n-entir� nueus pattFol_�EWTv^cS, F26PevrTSe +GevFcFie ly G-R116 f0-F asslstaRGe> > appFeheRd e eLnderl. nreyirde traffir+ enferne en�d all II nerdee aR d 1R\wr6 I—rveval, e c.t.a to .And ferdeFalf the enfe rr.ement r\of Whih it is ehaFged urith Texas peace officers commissioned by the Airport Board shall have primary law enforcement authority within the boundaries of the Airport. In addition to DPS law enforcement officers, the Administrator, has design.�+erd and the representatives and agents designated by the Administrator, shall have enforcement authority+GIs-Ghap as to civil offenses related to parking or stopping a vehicle , SEC. TOWING. 7 (a)Any vehicle which is abandoned or junked, parked in violation of this -.Code, erand represents+ng an operational hazard at the Airport, may be booted, removed or towed away and impounded all at the operator's or owner's expense and without liability for any damage to the vehicle. Such expense shall be a lien against the vehicle and payment in full shall be a prerequisite to the reclaiming of the vehicle by the operator or owner. (-.b) Any boat, trailer, storage compartment or other like property left in any teFmi„al, remete, 9r emplegee -parking facility on the Airport without authorization from the gxeGut2ye PlFerAe CEO will be towed away and impounded all at the operator's or owner's expense and without liability for any damage to the vehicle. (d) Law tn�oemeR 6.oro of The DepaF{m� � Nin Safetyre .a� thnriL� ,`" !tt'Femeye� �' hirales fe'YU�nr+I�Ti'n �iir�ln4ien of hie. Ghapte'F ir.h represent al hazard- er that impede the efficient eneretienn of any (e) The AQiT�J - it designatedTep Feeentatiyes .ire el thGFOZed Gr��l^^,,..„„�� SI f f fe u (1) in terminal paFkin9 faeilitiesi f M\ on the upper OF lei.yer level reedways adjaGent to paGGeRger terminals; (3) at the central queue; err (4) at the GORselidated Rental Car Faemlity. A�D+TIP`I C 111� ��IyvdlB : TRAFFIC `Cd, C 7_40. ORFO KICS TO TRAFFIC MKITR01 0011 'CC. -.e1eF SEC. 2-5. SPEED LIMITS. 8 The speed limits upon the streets, ways, passages and vehicular routes within the boundaries and confines of the Airport are set, affirmed and ratified as described in Appendix I of this Code. Unless otherwise provided, the maximum speed limit on streets, ways, passages and vehicular routes within the boundaries and confines of the Airport shall be thirty (30) miles per hour. The streets, ways, passages and vehicular routes, and their corresponding block numbers within the boundaries and confines of the Airport, are set, affirmed, and ratified as described in Appendix I of this Code. SEC 2-11 C I1191KII (a) a nerc+en eemmitr• -n offence if he dFiyes a regulated vehicle ARd he- (1) engages on GFUiSiRg i hLhi 50-0- fleet Af aRy AiFpeFt TeMinal, bur, step, rental r.ar faraility, paFkinn faeility er any ether leentien designed to assist eirnort Gustemers IeGate alternate meant of trencnertation to OF frem the Airnert• .�nrl f f doesnet n a I' rlicn.�toh t� Fizat' er ferm of 9ca�rv�p9$$2S$—or 1F�rF��+ivpucvrrcrQt�(�rrcucF6f�--��9�cr-rvRn—vr norm iccien from the Arlminictrator (b) Enfereement• ,�f/�y� pyy� �nfemG7'T ent -a O�tFeTr-'may be takeR uRder this this seer.4ion any time afteF peltse-9#+eerhas deteFMined that the Peef a Pehi le has passed the same IGGatlen mere than 2- timed \A/ith In e 7 h 9 U F neri9d ARTICLE AIL.1111. AIRSIDE TRAFFIC. SEvC 2-20 -^-C,�+3N3:rr,-c01 ,vA�JIF Ir1 The-GentFel-ef-all YehiBHiaf 9R the O A shall he geyerned by ppliGable ferler7l r;nrl RtRte 'AMALR enrl these ri ilec ARd rem ulo+ienn SEC. 2- 4-.2-6. AUTHORITY TO OPERATE ON THE AOA. (a) No pemeshallenteF by pet 9F 9theF GRye yaRGe er eneFate any meter vehicle on the enef uplecc it is rlireGtly related to on aviation neti..ity en the AOFP94, the business of hhe the BOafd, OF the iReSis; -f a teRan+array-an a uth&zerl er a,-therized -iser of the Airner+ ( ) A person commits an offense if he is on the AOA and: (1) does not display evidence of authorization issued by the Airport Boardweovtive Direeter er has decionee•f or 9 (2) is not under authorized escort as described in Chapter 9. (eb) A person commits an offense if he operates a motor vehicle on the AOA and: (1) does not have a valid government issued driver's license in his possession; (2) does not have a license in his possession that is appropriate for the type of vehicle being operated; or, (3) does not display or refuses to present a driver's license upon demand by a Rpeace 9officer. R_F_Q 2-22. wE1 n TO AIRCRAFT, A person eommits an offense if he operates a Yehiele and fails to yield the right AIRCRAFT 11 OVrO�CAI��� Sao-. 2-2�. €� (a) A nersen eemmits an offense if he operates a meter yehiele er travels by feet rnadinAg m thP_ RA_ a- a" rr1.P_t area Into the meyemenc-nt area, uflless r (b) A nerSen aemmits an effense if he enerates a meter Yehir.le er travels en fee OF by any GonveyanGe and Grosser-, the MUMIMay haldiRg p9sitieF1 Fnarl(iAg Of an s . (G) It Or, a defense to nresewtien for a vielatien of this subseetiep if the per-Ben Ye/e. .- elearanee from the CAA eontrel Fouler SEC. 24.SPEED AND TQACCl/'` /'AAITDAI . emereeney vehicle: (a) On the Nie-m-Movement Area at a speed in exr.ercs ef twenty (20) moles per- (b)er; the AD lee reads in ees f forty-fide (45) moles per hog F �"''�J�"-nzncTn- �FjfrvaTvua�--rrrGtiXvcv?u c�-nvcrr. SEC. 2-25-.2-7. RECKLESS DRIVING. 10 A person commits an offense if he operates a motor vehicle on the AOA in a willful or wanton disregard for the safety of persons or property. SEC. 2-26:2-8 OBEDIENCE TO SIGNS. A person commits an offense if while on foot or operating any vehicle on the AOA: (a) he disregards a posted regulatory sign, special sign, signal, marking or device used to regulate, warn, or guide traffic; or (b)fails to comply with directions given by the control tower, a law enforcement officer, or a person designated by the Airport to control traffic. SEC. 2-27-.2-9. PARKING ON THE AOA. A person commits an offense if he parks a motor vehicle, vehicle, trailer, or other equipment on the AOA: (a) in a manner contrary to any posted regulatory signs, traffic control devices or pavement markings; or (b) in any manner that prevents the passage or movement of aircraft, vehicles, trailers or pedestrians; or (c) in any manner that obstructs access to fuel shutoff valves, fire suppression equipment, or other emergency systems; or (d)that is inoperable or undergoing maintenance; or (e) that the Administrator or his designee instructed the person to remove from the AOA. SEC. MOTOR VEHICLE ACCIDENTS. Any person operating a motor vehicle on the AOA which is involved in an accident resulting in injury to any person or damage to another's property shall: (a) immediately stop at the scene or as close as possible; (b) render aid if necessary; (c) exchange driver, vehicle, and insurance information if necessary; and (d) notify the DFW Airport DPS and the Airport Operations Center. SEC. 2-29:2-11 DRIVING UNDER THE INFLUENCE. A person commits an offense if he operates a motor vehicle on the AOA and: (a) has any detectable amount of alcohol in the person's system; 11 (b) has any detectable amount of a dangerous drug in the person's system; or, (c) does not have the normal use of his mental or physical faculties by reason of the introduction of a controlled substance, a drug, a combination of two or more substances or any other substance into the body. SEC. 2-W.2-12. SAFETY BELTS. (a) A person commits an offense if the person: (1) is operating or riding in a vehicle, (2) is occupying a seat that is equipped with a safety belt, and (3) is not secured by a safety belt while the vehicle is being operated in either the movement area or non-movement area of the Air Operations Area. (b) In this section, "safety belt" and "secured" have the meanings assigned by Section 545.412 of the Texas Transportation Code, as GUFFently enaGted. (c) It is a defense to prosecution under this section that: (1)Tthe person is engaged in servicing an aircraft and is driving or riding in a vehicle located within 25 feet of that aircraft; (2) Tthe person is driving or riding in a vehicle within a baggage make-up area and the person is present for the purpose of positioning equipment; (3)Tthe person is an emergency service provider performing his official duties; (4)Tthe person possesses a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt; or (5)Tthe person presents to the court, not later than the loth day after the date of the offense, a written statement from a licensed physician stating that for a medical reason the person should not wear a safety belt. ARTICLE HIV. PARKING VIOLATIONS. SEC. OBEDIENCE TO SIGNS. (a)A person commits an offense, if, as the operator of a vehicle, he stops, stands, or parks a vehicle within the boundaries of the Airport in violation of an official 12 sign, curb marking, or street marking prohibiting, regulating, or restricting the parking, stopping, or standing of vehicles, except when necessary to avoid conflict with other traffic or to be in compliance with the law or the directions of a police officer. (b)A person commits an offense if he: (1) is not a disabled person or transporting a disabled person and stops, stands, or parks a vehicle with a valid disabled person license plate, a disabled veteran license plate, a disabled parking placard, or a license plate or placard bearing the international symbol of access in a parking space or area designated specifically for the disabled; (2) stops, stands, or parks a vehicle that does not display a valid disabled person license plate, a disabled veteran license plate, a disabled parking placard, or a license plate or placard bearing the international symbol of access in a parking space or area designated specifically for the disabled; or (3) stops, stands, or parks a vehicle in such a manner that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid the disabled. SEA'. 2-41. NU FAKKINr_. A pers9n an e&nse if a the-epeFat9- ^�Peginle, he parks a Yehinle S€C. 2_42. 'IN'A'ITuno1203 MKIES A ner6on nemmit6- an offenrie if• by the Airnert for the -U-Be of a speGified tFaRspeFtatien pmyider and the •.ehinle i ricer by the Airnert• er (b) t ner.�ter of an a �therized Lorne, Taxi TermiRal Link, Sh.+rpd Rule �as� e-eperaz t crrrry�-rw�cr-rcTrrtmaxr�rnc-vnar �-crac YehiGle,, 9F tithe r•i Imes• •• hiGlvle he steps, stands, 9rpa*6 on a-Ziene fG Whioh hic. yehiole is not alltherized `�C`� . IIAMIT,,C-�.,f II PACIAI�_. a� .A eFGGA Giett mats an e##erRse Of -;;6 the epeFateF of a ehlele he steps, st.+d� paFkr, a vehin-le on via-1—atieR -of_aR effiGial sign whiGh desigRater, a time limit fGF parking. SEC. 244:2-14. FIRE LANE. 13 A person commits an offense if the person stops, stands, or parks a vehicle in a fire lane except when necessary to avoid conflict with other traffic or to be in compliance with the law or the directions of a police officer. SEC. FAILURE TO PARK IN MARKED SPACE. A person commits an offense if in an Airport operated parking area he parks a vehicle in a marked parking space and fails to park within the lines as designated. SEC.2-46:2-16. EMPLOYEE PARKING AREAS. A person commits an offense if he operates, parks, or stands a motor vehicle within an Airport operated parking area designated for employee parking unless a valid permit, decal, or other authorization issued by the Airport is displayed on the vehicle in a manner established by the Administrator. SEC. 2-47.2-17, PARKING BY AIR OPERATION AREAS FENCE. A person commits an offense if he parks a vehicle or leaves other property within ten (10)feet of an AOA fence. SEC. 2-48-.2-18. PASSENGER LOADING ZONES — NO UNATTENDED VEHICLE. W�re'ne unattend-ed- w8hinler .are nermi#9d. ze-Acs Shall he rleoignated e e —A person commits an offense if the person parks, stops, or stands any vehicle and leaves it unattended in any assenger i=loading or o nattended ehicle zone. SEC. IMPEDING FLOW OF TRAFFIC. A person commits an offense if he parks, stops or stands a vehicle in any Airport Broadway, Gcrosswalk, idewalk, Qdriveway, Aif-OpWat'9%-Afea, Ttaxiway, Rparking Aarea, izpassenger oading z-zone, material i=loading Zzone, at the Gen#a4taxi &queue, or in front of 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 or pedestrians. SEC.2-a.2-20. MATERIAL LOADING ZONES. (a) A The ir� 'eaFd may establish Irr LeadiRg Zones for the 19adiRg aR URleading of mateFial at the AOFP94. Leading zones shall be designated with appFepriate-GGR#91 de SeS S+Q is and m. designate sppeifin times e the aGtiVity. 14 A person commits an offense if he: (1) stops, stands or parks any vehicle in a Lloading Zzone other than for unloading and delivery, pickup and loading of material by a vehicle authorized by the Airport Board Fwe^-i+i„e DireGter for such use; or, I (2) stops, stands or parks any delivery vehicle authorized by the Airport Board&eWtiye Dire GtG in a oading Zzone and exceeds the time limit or specified time window established by the Airport Board and posted in such L-loading Zzone. SEC. 2-21. FAILURE TO PAY PARKING AND ACCESS CHARGES A person commits an offense by failing to pay accrued parking or access charges at the Airport exits. This offense includes, but is not limited to, tow truck operators who remove vehicles from the Airport without paying the charges accrued by the vehicle being removed. SEC. 2-5-1-.-2-22. PARKING DEFENSES. (a) Law Enforcement and Emergency Service Vehicles. It is a defense to prosecution under this Chapter that a vehicle in violation was owned or operated by a law enforcement agency, fire department or Emergency Medical Service provider and parked to support the performance of official duties. (b)Authorized persons. (1) It is a defense to prosecution under this Chapter that a vehicle in violation: (aA) was parked in a limited parking space and had parking authorization, in a form approved by the CEO and authorization was placed to be clearly visible on either the front windshield or rear window of the vehicle; or; ( ) stopped, stood, or parked at the direction of a law enforcement officer, a traffic or parking controller, or an official traffic control device. ARTICLE VikV. ADMINISTRATIVE ADJUDICATION OF PARKING VIOLATIONS. SEC. 2-60-.2-23 PARKING VIOLATIONS MADE CIVIL OFFENSES. 15 Every violation f this chapter governing the stopping, standing, or parking of a vehicle is a civil offense. R_€G. qJ_rnNr_mRA1_ A1d-T#CUP-I-TY AND [)'—'TV Corm TR TO . SEC. 2-24. HEARING REQUIREMENT. A person charged with a stopping, standing, or parking offense is entitled to a hearing within 15 calendar days of issuance of the citation. SEC. 2-62.2-25. HEARING OFFICERS; POWERS, DUTIES, AND FUNCTIONS. (a) Hearing officers shall be appointed by the Administrator, 9r his deGigRated , to administratively adjudicate all parking violations for which a parking citation has been issued under this chapter of this Code. (b) Hearing officers shall have the following powers, duties, and functions: (1) to administer oaths; (2) to accept admissions to, and to hear and determine contests of, parking violations under this section; (3) to issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court; (4) to assess civil fines, penalties, and other costs for a parking violation in accordance with SE�'�ef-this sesl:ieAchapter; (5)to waive penalties assessed for a parking violation in accordance with Sen-.22-70- of-this sestienchapter; and (6) to preside over, hear evidence, and make findings at an immobilization or impoundment hearing in accordance with this sestienchapter. SEC. PARKING CITATIONS; FORM. (a)A parking citation serves as the summons and complaint for purposes of this sestienchaptei. 16 I (b)A parking citation must be on a form prescribed by the Administrators designated representative' and must include the following information: (1) the nature, date, time, and location of the alleged parking violation; (2) the license plate number of the illegally parked vehicle, or if not visible or legible, the vehicle identification number or the inspection tag number; (3) the make of the illegally parked vehicle; and (4) all other information required by state law.the-date time, and 19Gatien of thA administraiive-adJedisaiise-heaFiRg, W "9_ BRA-t ^^+�r +�4 (5) a motif atien that the neFsen ehaFgeed with the pa*iRg viol.tion has-; the right to an instanter h himipess, e+ y h re the GGhhedul arlmissien of liability for the paFkIRg violation eharge and Will Fes It in penalties, and Gests and may Fes Alt in the immohili��tion towing, o and imn ''Rd_FA ent of the vehicle for f Whioh the oitAtion WAS; ir+c 'Pet GeuFse Fri-AirpeFt Board business and is prima fanie evid-enrUe ef the faGts SEC. 2-64:2-27 SERVICE OF A PARKING CITATION; PRESUMPTION OF SERVICE. (a) A parking citation must be served personally upon the operator of a vehicle Whe-Esif the operator is present at the time of service. If the operator is not present, or cannot otherwise be personally served, the parking citation must b sifafien affixed to the vehicle in a conspicuous place. (b)An operator of a vehicle who is not the vehicle's owner, but who uses or operates the vehicle with the express or implied permission of the owner, shall be considered the owner's agent authorized to receive a parking citation required to be served upon the registered owner or operator of a vehicle in accordance with the provisions of this section. 17 (c) If the owner or operator of a vehicle drives the vehicle away from or in any manner leaves the site of the parking violation while the issuing officer is preparing the parking citation, or refuses service of the parking citation, this fact shall be noted on the original and all copies of the parking citation. (d) The original parking citation must be signed by the issuing officer who shall affirm the truth of the facts set forth in the citation. An electronic signature satisfies the signature requirement. (e) The original and all copies, including all electronic copies, of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with the provisions of this section. SEC. 2-6fi:2-28. LIABILITY OF THE VEHICLE OWNER AND OPERATOR; PRESUMPTION OF LIABILITY. (a) Except as provided in subsection (b), the registered owner and the operator of a vehicle, when not the same, shall both be liable to the Airport Board for a parking violation charge, except that the operator of a vehicle shall be solely liable if the owner can prove that the vehicle was operated without the owner's express or implied consent. �'^,� ^ , peRaft+es, 9FGe6 �d�t to this seGtien shall-have the Fight t9 rone,iey -r�cvTcvvv (b) A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements shall not be liable for parking fines, penalties, and costs imposed by the Airport Board on a rented or leased vehicle if, within 30 days after receiving written notice of a parking violation, the vehicle owner provides in affidavit form the true name, address, driver's license number and state or country of issuance of the person in possession of the vehicle at the time the parking citation was issued, erand a true copy of the lease or rental agreement in effect at the time the parking citation was issued. (cr)-A lessor of a vehicle who fails to Gemply with such information and documentation shall be treated as any other vehicle owner and shall be liable with the vehicle operator for a parking violation charge. Wc) It is a defense to any charge of a parking violation that, at the time of the violation, the illegally parked vehicle was reported to a police department as having been stolen prior to the time of the violation and had not yet been recovered. {�) , it is pi:esumed 4 the r , r d e.�. r he v ,nle fe h Gitatinn was issued ic- �Tc-re�rS�erecTvvrR2r-A rra��eb�vrc-rv6�-trrG�nucrvrr-vvcr��vvacc�� the person whe-stopped-, stsod�ked the vehicle-at the time and place of 18 the parking vielatien. Proof of ownership may be Fnade by a eemputer- generafedFeeerd 9f the Feg+stFatio;, of the-vehicle a the Rame of the euirl enne of the ownere.hin of the vehiele by the person to whem the nertifinate of reg'stFati SEC. 2-M.2-29. ANSWERING A PARKING CITATION. (a)A person who has been issued a parking citation shall answer to the charge of the parking violation by the date shown on the citation. An answer may be made in any of the following ways: (1) an admission of liability with payment of the applicable civil fine, and any additional penalties and costs; (2) a denial of liability made before a hearing officer at an administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date; (3) an admission of liability with an explanation made before a hearing officer at an administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date; (4) a request for permission from a hearing officer to adjudicate by mail; or electronic mail; (5) a request to reset a scheduled administrative adjudication hearing from the date shown on the parking citation. A scheduled hearing may not be reset more than once unless the person charged pays to the Administrator, or his designated representative, an amount equal to the applicable civil fine for the parking violation, with any additional penalties and costs. (b)The Administrator, or his designated representative, shall issue a receipt for any amounts paid under this paragraph ection. After presentation of the receipt, all amounts paid will be refunded to the person charged if the hearing officer, or a municipal court on appeal, finds that the person is not liable for the parking violation. (c) Payment of the civil fine and any additional penalties and costs may be made in person or by mailing to the Airport Board the parking citation accompanied by payment of the amount shown on the citation. Payment by mail may be made only by money order, check, or in a manner prescribed by the Administrator nr his rlec ie Rated repFeseRtataye. Payment of the civil fine and all penalties and costs assessed pursuant to this section shall operate as a 19 final disposition of the parking violation charge, except when payment is made to reset a scheduled hearing or to file an appeal. SEC. 2-67-.2-30. ADJUDICATION BY MAIL, ELECTRONIC MAIL, OR THROUGH THE ONLINE CITATION APPEAL SYSTEM. (a) If a person charged with a parking violation shows good cause for not attending a hearing, either personally or through a representative, the hearing officer may permit the matter to be adjudicated by mail, electronic mail, or through the online citation appeal system, which adjudication must be completed within 90 calendar days of the date of the citation. (b) Letters, memoranda, affidavits, photographs, and other documentary materials shall be admissible as evidence for the purposes of adjudication by mail, electronic mail or through the online citation appeal system. The hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. (c) Failure of the person charged to proceed with an adjudication by mail, electronic mail or through the online citation appeal system, after requesting and receiving permission to adjudicate by mail, electronic mail or through the online citation appeal system, is an admission by the person charged of liability for the parking violation and shall subject the person who requested the adjudication by mail, electronic mail or through the online citation appeal system, to the appropriate civil fines, penalties, and costs assessed by the hearing officer. (d) If a hearing officer determines that an adjudication cannot proceed by mail, electronic mail or through the online citation appeal system, the hearing officer shall advise the person charged by first class mail that the person must appear to answer the charge at a hearing. SEC. 2-6.2-31. HEARINGS FOR DISPOSITION OF A PARKING CITATION; NOTICE OF DECISION PAOIrINr_` r•ITATInuI AS PRIMA FACIA 0FIB€hir-€. (a) Every hearing for the adjudication of a parking violation charge under this section shall be held before a hearing officer. (b) At a hearing, the parking citation is prima facie proof of its contents. and tThe officer or other authorized person who issued the parking citation is not required to be present at a scheduled administrative hearing; exGent, that the sua p efflee,O_ethor autherized peFS9R�Tall be'-pFesent at a c.nhed led administrative adj dinatien hearing if unless requested at least three days in advance of the hearing by the person charged or by the hearing officer. 20 (c) At a hearing, the hearing officer shall hear and consider evidence presented by the Airport Board and by the person charged. The fefmWTexas rules of evidence do not apply to a hearing under this section, and the hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing, after giving due weight to all presumptions and prima facie evidence established by this section or other applicable law. (d) At the conclusion of an instanter or a scheduled administrative adjudication hearing, the hearing officer shall immediately render an order or decision as to liability for the violation. The person charged shall also be notified of the right to appeal to municipal court, that failure to pay can result in immobilization and impoundment of the vehicle, and that the debt may be placed on the person's credit report for seven years or until the debt is paid.; eith (1) finding the-per-seR GhaFged-liable feF the q YielatiOR, asse$sil4ff the appliGa le n-iyFl fine and- aRy'--^peaalt�es. -;4Rd—A-McFse$ts 'r^r , (9) An nrrl crr of,,a heaFiiRg n�i.or May be filed with the AdMini +ram++nr nr hi de.signated"�'Feprei aSGTtati�i�U'LT4e.ThTe _nOFde y he Fe GBTde.CT v g GnmputeF SEC. 2-69. F A11=6tR-€ Tgn ANSIAMR A P�4RKINQ CITATION OR PPEA A A W EAR IAIG (a) :Phe-faflloliFe of-amyPersen GhaFge,+ withr-a paFkingviolation to answer tG the Eft^+ai,or,--vim to appear-at any heaFiRg, insluding a TeaFIR9 on appeal, when heaFing efficeF,nr tG,�he FAe„Os+pal-set 10 i Prase-of aR appeal, shall issue an {#e) If the person charged with a parking violation fails to answer the charge or to appear at a scheduled hearing, then Wwithin 7 calendar days after filing an order of liability issued under this section, a hearing officer shall notify the registered owner or operator of the vehicle in writing of the order. The notice must be sent by first class mail to the last address of the registered owner on record with the Texas Department of Transportation, or to the address of the registered owner or operator last known to the hearing officer. The n,etine m, e.t i.,..l r♦e a statement• 21 (3)that fail Fe to nw can rent it and impoundment Of the vehicle,and the debthp-R(- lased the debte F's nredi4 FepeFt fnr seveR years 9F unto! sueh time as the debt is paW-. SEC. 2-7-g:2-32. CIVIL FINE SCHEDULE. (a) thaFe-,nadeAll civil offenses under this sestienchapter shall be punishable by a civil penalty of$58.00, except for the following offenses: Violation Civil Penalty€-14e C��ie�'Qier�se to Signs $ 5800 HafdisaffDisabled Parking Space $ 500.00 Na ' Fking r18.90 Lifflifed PaFkinq 1 hrl2hr Q 580o Parking in a Fire Lane $ 68.00 Fam!UF-e-tee-Park�iR hAarked SpaG $ 58.00 Der Inq by AGA Fenee $ 58.00 P:ssengeF Leading Zenes (Ne 6lnaffeRded Vehime) $ 5R 0-0- Pr Imn�np Cam-ew T-FaffiC $ 59vv T.pTT�T,�E�iR9 7=9 e G — $ 59..av Boot f e e $ Tnn gg (b) Civil penalties for failure to pay parking fees shall be in addition to the parking fees themselves. When a vehicle is booted, a fee of $100.00 shall also be assessed. "c) If a civil fmepenalty is assessed, it must be in accordance with this section. A civil #+aepenalty may not be waived or modified by a hearing officer, or by a municipal court on appeal, except that additional penalties and other costs may be added in accordance with this section. (S)(d) An additional penalty in an amount equal to the original civil fleepenalty will be assessed if a vehicle owner or operator or the agent of the owner or operator fails to: (1) answer to a parking violation charge within 15 calendar days after the date of issuance of the parking citation or fails to appear at any hearing scheduled after 15 calendar days from the date of the parking citation; or 22 (2)after being found liable, pay all civil fines, fees, and costs assessed for a parking violation within the time designated by the hearing officer. We) A penalty assessed under subsection (c) of this section may be waived by a hearing officer, or by a municipal court on appeal, if the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: (1)through no fault of the vehicle owner or operator, or agent of the vehicle owner or operator: ( ) no notice of the parking violation was received as required by this sestiemchapter; ( ) no notice of the hearing officer's order was received as required by this seetien hapter; or; ( ) payment of the civil finepenalty assessed for the parking violation was not posted in a timely manner; (2) the penalty was assessed in error; or (3)the vehicle was at the time of the violation stopped, standing, or parked in response to a medical emergency. SEC. ENFORCEMENT OF ORDER. In addition to the enforcement remedies allowed by state law, Aa hearing officer's order may be enforced by: (a) impounding the vehicle that is the subject of the order when it is found within the boundaries of the Airport, if the person charged has committed three or more parking violations in any calendar year that have not been resolved either by a finding of no liability or by payment of all civil fines, penalties, and costs assessed by the hearing officer; (b) placing a boot on the vehicle that is the subject of the order when it is found within the boundaries of the Airport, if the person charged has committed three or more parking violations in any calendar year that have not been resolved either by a finding of no liability or by payment of all civil fines, penalties, and costs assessed by the hearing officer; (e) impesong an additienal penalty to a r.1vil fine not paid within the designated peFiedi 23 Wc) canceling or denying any permit to park or operate a transportation service at the Airport; eir-;and (eXd) reporting the debt to a credit reporting bureau to re-Mai, on the debte ran or any other civil remedy available at law. SEC. 2-72:2-34. REMOVAL OF IMMOBILIZATION DEVICE. (a) The registered owner of an immobilized or impounded vehicle, or other authorized person, may secure the release of the vehicle upon: (1) payment of the amount of the civil fine and late fees, if any, for each delinquent parking citation plus the applicable boot fees and towing and storage fees; or (2) the posting of a cash bond in the amount of such civil fines, late fees, boot fees and towing and storage fees to ensure appearance at the immobilization/impoundment hearing. (b) Payment of the civil fines, late fees, boot fees, and any towing and storage fees shall constitute a waiver of the right to contest such civil fines and fees. (c) It shall be unlawful for any person, other than an officer or employee of the Airport Board acting in the course and scope of his duties under this section, to remove or attempt to remove or to tamper in any manner with an immobilization device (boot) installed on any vehicle pursuant to this section. (d) It shall be unlawful for any person, except under the direction of a peace officer, or an employee of the Airport Board to tow, move, or to cause to be towed or moved any vehicle on which a boot is then installed pursuant to this section from the place where it was booted. (e) It shall be unlawful for any person, other than a peace officer or employee of the Airport Board acting in the course and scope of his duties, to remove or relocate any notice placed upon a booted vehicle under this section. (f)An offense under this section shall be a criminal offense punishable upon conviction by a criminal fine not to exceed Five Hundred Dollars ($500). In the ex4ent that aRY GendustdeslaFed-te -he—anla 4u! under thie,,serstien alse seest+t�tes a vielatien ef-ae-applie ble state law, then it shall he punishable. as pr-evided by state law. SEC. 2-7-3-.2-35. IMMOBILIZATION/IMPOUNDMENT HEARING. 24 (a) The registered owner of a vehicle that is immobilized or impounded for the purpose of enforcing a hearing officer's order shall have the right to a prompt immobilization/impoundment hearing before a hearing officer. (b) The request for an immobilization/impoundment hearing must be made in writing to the Administrator, or his designated representative, on a form provided for that purpose, within 3 calendar days from the date the vehicle was immobilized or impounded, whichever occurred first. (c)An immobilization/impoundment hearing must be held within 48 hours after the Administrator, or his designated representative, receives the request for a hearing, excluding Saturdays, Sundays, and Airport Board holidays, at the parking adjudication office or at such other convenient and reasonable place as the hearing officer may designate. (d) The issue to be determined at the immobilization/impoundment hearing is whether the immobilization or impoundment of the vehicle was authorized by this seGtieRchapter, (e)The immobilization or impoundment of a vehicle is valid if it complies with the requirements of this seetkwchapter, unless the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: (1) the vehicle was registered to or operated by another person at the time the unresolved parking violations occurred; (2) the vehicle was being operated without the owner's express or implied consent at the time the unresolved parking violations occurred; or (3) through no fault of the owner, notice of the unresolved parking violations was never received as required by this section; and (4)ene er mere r--Ita#+eR's feFthe unreselyed- parkriR9 Wp;a ions -Rro defective and-,-if the defective citations are dismissed, it would leave no more than two unresolved parking violations within the calendar year (5)at time of i mmehilizatienO of th. yehiele, the lAIlthln the galendar year (f) The determination of the hearing effieer at the immehili—xa ien er imnei nrlment hearing 06 final and i6 net s bjeet to anneal (of) If the hearing officer determines that immobilization or impoundment of a vehicle was not valid, all fees paid for immobilization, towage, storage, and 25 impoundment of the vehicle and any other amount paid to redeem the vehicle shall be refunded, including any civil fines, penalties, and costs for any parking violation that the hearing officer determines should not have been considered in counting parking violations for the purposes of immobilizing or impounding the vehicle. Any civil fines, penalties, and costs paid for a parking violation for which the registered owner was liable will not be refunded. SEC. APPEAL FROM HEARING. (a)A person determined by a hearing officer; at either-an nstanteF er sehed pled a hearing or by failure to answer a parking citation or appear at a hearing in the time required, to be liable-der in violation of a parking viela#lee ordinance may appeal this determination to the municipal court in the manner and within the time allowed by state law.by filing a netitien vVithin 20 ealendaF days after the hearing effieeF's order is filed with the Administreter er his designated renresentetiye (b) Upon Feeeipt of an appeal petitien, leGatneR of the heaFiRg. The officer or other authorized person who issued the parking citation is not required to be present at the appeal hearing unless requested by the person charged or by the municipal court. (c)The appeal hearing must be a trial de novo in municipal court and is a civil proceeding for the purpose of affirming or reversing the hearing officer's order. The deeisien from the m„nieinal ee. Ft is final (d) Service of notice of appeal under this section does not stay the enforcement and collection of any order of a hearing officer, unless the person filing the appeal pays to the Administrator, F him. deSigRated ren..esentati„e, an amount equal to all civil fines, penalties, and costs assessed against the person charged. The Administrator, er his designated renresenteteye shall issue a receipt for any amounts paid under this subsection. After presentation of the receipt, all amounts paid will be refunded if the hearing officer's order is overturned on appeal. SEC. 2-7-&2-31 DISPOSITION OF CIVIL FINES, PENALTIES, AND COSTS. All civil fines, penalties, and costs Asseesedcollected by the Airport Board under this sestienchapter shall be paid into the Airport Board's general fund for the use and benefit of the Airport Board. 26 Chapter 3 MISCELLANEOUS Miscellaneous Offenses ARTICLE I. IN GENERAL. Sec. 3-1. General State Law. Sec. 3-2. Definitions. ARTICLE II. GENERAL OFFENSES. Sec. 3-&3-3. Animals. Sec. 3-6 3-4. Defecation ofby Animals. Sec. 3-7-.3-5. Urinating or Defecating in Public. Sec. 34-.3-6. Throwing or Depositing Litter. Sec. 3-9-3-7. Prohibiting the Posting of Notices and Signs on Poles, Trees, Structures, and Vehicles; Presumptions. Sec. 3-4-0-.3-8. Obstruction to Aviation. Sec. 3-11.3-9. Camping, Swimming, Picnicking, etc. Sec. 3-1 z 3-10. Noise. Sec. 3-13 3-11. Tables and Chairs. Sec. 3-14-.3-12. Food, etc. Sec. 3-15.3-13. Pins, etc. Sec. 3-16.3-14. Obstruction of Passage. Sec. 3-17.3-15. Fraudulent Misrepresentation. Sec. 3-8.3-16. Unauthorized Transfer of Authorization. Sec. 3-19.3-17. Unauthorized Use of Authorization. Sec. 3-20.3-18. Temporary or Permanent Residence. Sec. 3-2-1.3-19. Smoking. Sec. 3-22.3-20. Possession or Consumption of an Alcoholic Beverage. Sec. 3-23.3-21. Reflective Garments. Sec. 3-22. Failure to Return Security Credentials ARTICLE III. PERMITS REQUIRED. Sec. 3-26.3-23. Permits. Sec. 3-26-3-24. Permit Applications. Sec. 3-27 3-25. When Permits Issued. Sec. 3-28.3-26. Appeal, Denial, or Revocation of Permits. ARTICLE IV. VIOLATIONS. Sec. 3-30.3-27 Violation of Permit. Sec. 3-31.3-28. Distribution of Literature. Sec. 3 32.3-29. Solicitation of i=uFidsDonations. Sec. 3 33.3-30. Surveys. Sec. 3-34:3-31. Picketing. ARTICLE I. GENERAL OFFENSES. SEC. 3-1. GENERAL STATE LAW. The provisions of this Chapter shall not be construed as limitations upon the civil or criminal laws of this State which are in full force and effect within the areas under the jurisdiction of the Airport Board. SEC. 3-2. DEFINITIONS. ANIMAL shall mean any nonhuman vertebrate. I AUTHORIZATION", "DECAL , or DEVICE shall mean any permit, badge, parking decal or other authorization issued by the eixeGutive DiFeGte CEO. 2 AUTHORIZED THERAPY ANIMAL shall mean any animal individually trained and authorized to do work or perform tasks for the purpose of relieving stress of individual members of the public. For purposes of this Chapter, "authorized" means the animal has met the Airport Board's therapy animal program requirements and has been Iapproved by the ExeG Live D#eGtGFCEO to be a therapy animal at the Airport. AUTHORIZED THERAPY ANIMAL HANDLER shall mean any individual trained and authorized to handle a therapy animal that is trained to do work or perform tasks for the purpose of relieving stress of individual members of the public. For purposes of this Chapter, "authorized" means the person has met the Airport Board's therapy animal program requirements and has been approved by the Exesutiye Dire,.+e CEO to be a therapy animal handier at the Airport. ELECTRONIC SMOKING DEVICE shall mean any battery powered device that provides doses of nicotine to be inhaled by the user by way of a vaporized solution. GARBAGE means animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. LITTER shall mean "Garbage", "refuse" and "rubbish" as defined herein and all other waste material which, if thrown or deposited as prohibited, tends to create a danger to public health, safety and welfare. LITERATURE shall mean books, pamphlets, handbills, tracts, cards, circulars, pictures, films, magazines, or any other like item. PICKETING means the stationing, parading, patrolling and/or assembling of one or more persons to apprise the public vocally or by standing or marching with signs, banners, or other means, of an opinion or a message or to discourage entry thereto by non-striking workers or by customers. PUBLIC AREA shall mean any interior area to which the general public routinely has access. REFUSE shall mean all solid wastes (except body wastes), including garbage, rubbish, ashes, street cleaning, dead animals, abandoned automobiles, and solid market and industrial wastes. RESIDES shall mean intent to establish a temporary or permanent domicile. RETAIL OR SERVICE ESTABLISHMENT shall mean any establishment which sells goods, food or services to the general public but excludes any private club operated by an Airport tenant within its leasehold and to which access is limited to a membership other than the general public. 3 RUBBISH shall mean solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials. SERVICE ANIMAL shall mean: (a) any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability, including, but not limited to, guiding individuals with impaired vision, alerting individuals with impaired hearing to intruders or sounds, and assisting non-ambulatory persons by pulling a wheelchair or fetching dropped items; or (b) any trained animal used by a governmental agency in police or rescue work. SOLICITATION AND RECEIPT OF FUNDSDONATIONS shall mean a face to face request for an immediate physical, in-person donation of money or anything of value, except as part of a commercial transaction authorized by the Airport Board pursuant to leases, permits or other agreements. SURVEY shall mean the act of repeated in-person polling or questioning of persons for the purpose of obtaining information related to, and/or securing opinions or viewpoints on, issues, candidacies, products or services. ARTICLE II. GENERAL OFFENSES. SEC. _ _._ _. ANIMALS. (a)A person commits an offense if while having care, custody, and control of an animal, he brings the animal, other than a service animal or an animal traveling by air, into any terminal or terminal extension located on the Airport. (b) A person commits an offense if while having care, custody, and control of an animal, he brings an animal traveling by air, other than a service animal, into the sterile area of a terminal building or terminal extension and removes it from its transport carrier, except in areas designated by the Airport Board as animal relief areas. (c)A person commits an offense if while having care, custody, and control of an animal he fails to restrain the animal at all times in an enclosed pen, carrier, or structure, or by a tether or leash while on Airport property. 4 (1) No animal may be restrained by a tether or leash unless the animal is in the immediate possession of and accompanied by the person in care, custody, and control of the animal. (2) Nothing in this section shall prevent any trained animal used by a governmental agency in police or rescue work from being unleashed in the course of its official duties. (d) It is a defense to prosecution under this section that the person is an authorized therapy animal handler engaged in activities related to the Airport Board's therapy animal program and the animal is an authorized therapy animal. SEC. 3-&3-4. DEFECATION BFBY ANIMALS. (a) A person commits an offense if while having care, custody, and control of an animal he knowingly permits, or by insufficient control, allows the animal to defecate on Airport property and does not remove and dispose of any excretion the animal may deposit on Airport property in a sanitary and lawful manner. (b) This section does not apply to a law enforcement dog being used in law enforcement activities or to a service dog that is specially trained to assist a person with a disability and is in the custody or control of that disabled person at the time it defecated. SEC. 3-7-3-5. URINATING OR DEFECATING IN PUBLIC. (a)A person commits an offense if he urinates or defecates: (1) in or on a public street, alley, sidewalk, yard, park, building, structure, plaza, public or utility right-of-way, or other public place; or (2) in public view. (b) It is a defense to prosecution under this section if the person was in a restroom. SEC. 3-9.3-6. THROWING OR DEPOSITING LITTER. A person commits an offense if he places, throws, deposits, or discharges litter, on the Airport, except in public or private receptacles for collection or at such places and under such conditions as the Airport Board prescribes. SEC. 1-9-.3-7. PROHIBITING THE POSTING OF NOTICES AND SIGNS ON POLES, TREES, STRUCTURES AND VEHICLES; PRESUMPTIONS. 5 (a) A person commits an offense if he posts or causes to be posted any notice, poster, paper, sign, or device, designed to attract the attention of the public, to any lamp-post, utility pole, telephone pole, tree, structure, building, or vehicle on Airport property. (b) Whenever any notice, poster, paper, sign, or device is posted, or caused to be posted, in violation of subsection (a) of this section, it is presumed the person whose address or telephone number listed or who is otherwise identified is the person who committed the violation, either personally or through an agent or employee. (c) It is a defense to prosecution under subsection (a) of this section that the notice poster, paper, or device was posted in a manner and location authorized or required by the airport operator, a lease holder within its leased area, or by state or federal law. SEC. 2-10:3-8. OBSTRUCTION TO AVIATION. A person commits an offense if he: (a) operates or releases any kite, balloon, model aircraft, model rocket, parachute, or other such,device upon,or above the Airport without written permission from the CEO; or (b) allows foreign object debris to remain on a portion of the AOA that he is obligated to keep clean pursuant to a Ground Handling/Maintenance Permit of a lease, sublease or contract with a tenant or subtenant of airline SEC. 3-1-1 3-9. CAMPING, SWIMMING, PICNICKING, ETC. A person commits an offense if he uses Airport premises for the purpose of camping, athletic games or contests, fishing, swimming, hunting or picnicking in a place not specifically designated for that purpose or without a permit issued by the Exe B+recte CEO. SEC. 3-12 3-10. NOISE. A person commits an offense if he knowingly makes unreasonably loud or raucous noises, considering the location, inside terminals or other Airport buildings. SEC. 3-13.3-11. TABLES AND CHAIRS. A person commits an offense if he places or maintains a table, bench, chair, stool, easel, tripod or other item designed or adapted to serve a similar purpose on Airport premises unless such space has been leased from the Airport Board by that person or is authorized by another section of this code. 6 SEC. 3-14.3-12. FOOD, ETC. A person commits an offense if he sells or distributes any food product at the Airport except from premises leased to that person by the Airport Board for that purpose, or pursuant to a permit issued by the D*eGt^CEO. SEC. 3-15.3-13. PINS, ETC. A person commits an offense if he pins, ties, or otherwise attaches any items on the clothing, luggage, body or vehicle of any person at the Airport, without such person's consent. SEC. OBSTRUCTION OF PASSAGE. A person commits an offense if he knowingly obstructs the free passage of other persons along Airport roadways, sidewalks or into, out of, or within Airport buildings. SEC. 3-17-.3-15. FRAUDULENT MISREPRESENTATION. A person commits an offense if he fraudulently misrepresents any material fact in making application for any permit, authorization or device issued by the ExeGutive DmFesto CEO. SEC. 3-18.3-16. UNAUTHORIZED TRANSFER OF AUTHORIZATION. A person commits an offense if he sells, conveys, grants or transfers any decal, device, permit or other authorization granted by the ExeGetive ^ CEO to another person, without prior written consent of the Fixe^..+i. a DiFeGt CEO. SEC. 3-19.3-17. UNAUTHORIZED USE OF AUTHORIZATION. A person commits an offense if he possesses or controls any decal, authorization or device not issued to him by the Exec Live D#eGteFCEO or which has previously been reported as lost or stolen. SEC. TEMPORARY OR PERMANENT RESIDENCE. (a) A person commits an offense if he resides in or upon Airport premises. (b) This section does not apply to any space expressly designated by the � ,-� r CEO for such purposes or any period of time during which an Airport patron awaits connecting flights for which he holds a valid ticket. SEC. 3-23-19. SMOKING. (a)A person commits an offense if he smokes or possesses a burning tobacco product, weed, other plant product, or uses an electric smoking device: (1) in a Public Area of a passenger terminal on the Airport; (2) in a Retail or service establishment located within an Airport passenger terminal; (3) in any establishment or area marked with a no smoking sign if the sign complies with Subsection (b). (b) The person in control of a retail or service establishment located in an Airport passenger terminal shall post a conspicuous sign at the main entrance to the establishment or no smoking area. The sign shall contain the words "No Smoking, DFW Airport Regulations", and the universal symbol for no smoking. For enforcement purposes, "DFW Airport Regulations" refers to the Code. (c) The Airport Board and the ExeGU+i.,e DiFeGte fCEO shall have authority to designate "Smoking Areas" within the Airport. SEC. 3-22.3-20. POSSESSION OR CONSUMPTION OF AN ALCOHOLIC BEVERAGE. (a) A person commits an offense if he is in possession of an alcoholic beverage on the Air Operations Area unless he is: (1) an airline employee serving an alcoholic beverage in performance of his duties; or (2) an employee of an airline or a contracted delivery person delivering alcohol to an aircraft or a terminal building. (b)A person commits an offense if the person consumes an alcoholic beverage on the Air Operations Area unless he is a ticketed passenger on an aircraft where alcoholic beverages are served by airline personnel. SEC. 3-22 3-21. REFLECTIVE GARMENTS. (a) A person commits an offense if he fails to wear a highly visible reflective garment, such as a reflective safety vest, at all times while he is within the movement or non-movement area of the Air Operations Area. (b) It is a defense to prosecution under this section that: (1) The person is inside an aircraft cargo compartment at the time the garment is not being worn; 8 (2) The person is inspecting or performing maintenance on a motorized belt, conveyor, ground equipment engine, electrical equipment, or other high energy source; (3) The person is a member of the Airport Board Department of Public Safety engaged in performance of his official duties or is a Transportation Security Inspector or Federal Aviation Administration Inspector acting in an official capacity; (4) The person is under lawful escort; (5) The person is present due to a public safety emergency, as declared by a government official or determined by the €xeG Live DiF8GtG CEO or Airport Board Department of Public Safety; or (6) The person is attending an event and is separated from routine airport operations. SEC. 3-22. FAILURE TO RETURN SECURITY CREDENTIALS A person commits an offense if he fails to return to the Airport Board all Board-issued security credentials upon cessation or termination of employment at the Airport or upon notice from the Airport Board that such security credentials have been revoked. It is not a defense to prosecution that such security credentials were lost or stolen unless the person pays to the Airport Board the fee charged for lost or stolen security credentials. ARTICLE III. PERMITS REQUIRED. SEC. PERMITS. No person may engage in activity described in Distribution of Literature, Solicitation of Funds, Surveys, or Picketing of this Chapter without a permit issued by the ExeGutive DiFeGtofCE0. SEC. 3-26.3-24. PERMIT APPLICATIONS. An application shall be submitted to the c.,o^-w+;ve n,re„to CEO at least three (3) business days in advance of the first day sought for the activity, and shall include the following: (a) the full name and street address of the applicant; (b) the full name and mailing address of the person or organization sponsoring, conducting or promoting the activity; 9 (1) whether the sponsoring organization is a branch or division of a national organization and, if so, the organizations name and street address; (2) if the sponsoring organization is a Texas corporation, a copy of its Corporate Charter, as amended, shall be furnished; if it is a foreign corporation, a copy of its Authorized Certificate to do business in the State of Texas shall accompany the application; (c) the date, or dates and hours of the activity; (d) the exact Airport location for which the request is made; (e) the purpose or subject thereof; (f)the approximate number of persons who will participate in such activity. SEC. 3-27.3-25. WHEN PERMITS ISSUED. (a) The Permit will be issued within three (3) business days of receipt of the application; however, the permit application may be denied or a permit granted revoked if one or more of the statements in the application is found to be untrue. (b) When permits are granted, the following rules and standards will apply: (1) Time: Permits will be issued for a period of not more than thirty (30) days. (2) Location: Permittees, other than the Airport Board or a representative of the Airport Board, will not be permitted to conduct the activity for which the Permit is issued: (a) in Airport roadways; (b) inside airline gate departure lounges; (c) in areas restricted to airline or Airport personnel; (d) in restrooms; (e) in premises leased to a concessionaire; (f) in stairwells, staircases, elevators or escalators; (g) in baggage claim areas; 10 (h) in any area temporarily or permanently restricted for security or construction reasons to necessary personnel; (i) within ten (10) feet of any ticket counter, departure lounge check-in counter, baggage check-in counter or security screening check point; (j) to any person waiting in line at those areas listed above or loading or unloading baggage from a public or private vehicle; (k) inside any passenger terminal building if prohibited by this Code; or (1) in parking garages or parking areas. (3) Manner of operation: (a) a person may not engage in any permitted activity unless he wears a badge, nameplate, card, or other personal identification on his upper torso and clearly visible to the public. That identification must state the true and correct legal name of the person and the organization or cause represented; and (b) a person conducting any permitted activity shall, in that connection, obey the Code and all applicable state and federal laws. (c) tables may not be utilized in the conduct of permitted activity; however, luggage carriers no larger than that used to hold a medium-sized suitcase may be utilized for transporting or temporary storage of materials in accordance with Tables and Chairs of this Chapter. Luggage carriers must be attended at all times. A luggage carrier shall be deemed unattended if it is outside the view of the permitted person or persons. SEC. APPEAL, DENIAL, OR REVOCATION OF PERMITS. (a)-When an application for a permit hereunder is refused or revoked, the ExcGu+iye #eGtnrCEO will, within five (5) business days of the denial or revocation, furnish the Applicant a written explanation of the reason for the denial or revocation. Withi^ fi (,5) b{ riness-mays—of titer-of the ��lanatttln the Annli ant may � qu st to the ExeGutrve `h' ,�,;-�,��n6����+t-a-�urEt�en--+rea zn-.roFeGtesvi that the BeaF l seelfr-a�dcr�al deteFminuttEln that the Dnrrnit w e denied er reya rl With' eve (5) business e^ay6 following reGeint of ., �.-.-.�„+n-f' �--����� �- moo* SUGh Y },�request, the�R.,yn,.aFd rmust apply to 4cr the-}URited States Dm6tF;Gt GGUft tetF eFth rn Distrir_# e—Texcas ewe-a pf�a'te Texas DistriGt Geu Ft fer iu dinial determination that enn�n�IOR was properly denie��F��c� aP'P' �F7�T^ 11 I The Beams has the bu Fden of showing tha n was properly denied er that the Permit was properly revaked determination,(b) Upon a judiGial aR iRteFiFn permit will be issued and r--antim feree nenrlinn an anneal by the Gee art or otherwise mutually agreed upon by the naFties within ten (IQ) �, ...,.,.. .,. otherwise .. aay.vv+.. upon by business days aFteF Fite-� aint OF petltieR is filed, then an interim norm' shall he deemed iss d .ender teen by ep tiGR of law, rl II �r-vc-aceti-rira�--r�v{�ea--on-r�rcr-li�tYJ^SeecrCFl--tl�vpe�ttil7rr-vr-r�Xw�t�a�rr anti" ed to he n n in AnnliGatieR for the original Permit �effes �--,�-n�r�=ied--AT,-�r-tf���,.,� may. he parried on as if the on in n rmit had been issued, �ibieet to ......j.....�arrrca-crr-aTrr-crrc-orr�Trra� f ermrc-rracr-vccm � v�cvr-c�the- same FeStFiGti(MG and--eblrgatioi;6 u deFthis Go de as other tee-; iced aSti ittes:--i-he- i tteFim n it shall he valid 138Rding a QeGiGin�rthe disdG-tt ee614 or any anneal thereof. � an anneal or iudieial determination here,Inner *6 nenrline ARTICLE IV. VIOLATIONS. SEC. 3-30.3-27. VIOLATION OF PERMIT. A permittee commits an offense if he violates any condition described in Article III of this Chapter or any prohibitions described for said permitted activity. SEC. DISTRIBUTION OF LITERATURE. (a) A person commits an offense if he distributes literature on the Airport without a permit issued by the Cve^„ti..e Dire^terCEO. (b) No literature may be disseminated in the secure or sterile area of an Airport Terminal. (c) Nothing herein prohibits the distribution of literature by or on behalf of the Airport Board on Airport property. SEC. 3-32.3-29. SOLICITATION OF€UNDSDONATIONS. (a) A person commits an offense if he solicits seeks, 9F begs sen#-ribut+on-s donations for himself or on behalf of another without a permit from the Airport Board issued by the EX8Gutiye Plireotor. (b) No person may engage-ifl the snali^itati'9R and re^eint of fund solicit donations within a passenger terminal at the Airport. 12 SEC. SURVEYS. (a) No person may conduct a survey within a passenger terminal. (b) Nothing herein prohibits a survey by or on behalf of an Airport tenant in that part of an Airport passenger terminal exclusively leased to that tenant. (c) Nothing herein prohibits the conduct of a survey by or on behalf of the Airport Board on Airport property SEC. PICKETING. (a)A person commits an offense if he pickets on the Airport without a permit issued by the Airport BoardFixeG tiye , iFeG+Ar (b) A person commits an offense if he pickets inside an Airport terminal building. (c) Pemittees may not carry pickets, devices, or similar signs with a dimension that exceeds the Permittee's height or width. Any conflict between this rule and applicable State law shall be resolved in favor of State law, provided that State law impresses more stringent requirements on the conduct regulated hereby. 13 CHAP Chapter 4 aRC01-I Q TQAAICDQIDTA.T. IO 1 RULES AND Commercial Ground Transportation ARTICLE I. GENERAL PROVISIONS. Sec. 4-24-1. Genefal-aAuthority for nforcement. 2eb. 4-3. Exemptions Sec. 4-44-2. Definitions. eeG. Establishment of R glee and- Deg �lationc� -mod. -vr�-cucTu,-rv--rt�gu,cxav,rr: SeG. 4-v. Establishment of Prer-,ed-fe . ARTICLE II. OPERATING AUTHORITY. Sec. 4-74-3. Operating authority required. Sec. 4-94-4. Insurance. Sec. Application for issuance, renewal, amendment or temporary amendment of operating authority. Sec. 4-1-04-6. Suspension and revocation of operating authority. Sec. 4444-7. Appeal of denial, suspension or revocation. Sec. 4-124-8. Fees. Sec. 4434-9. Advertisement of regulated service. Sec. 4-444-10. Holder's records and reports. ARTICLE III. DRIVER PERMIT REQUIRED. Sec. 4-164-11. Driver permit required. Sec. 44-64-12. Display of permit. Sec. 4-47 -13. Suspension of a driver by the adMiRistFat,r Sec. 44-64-14. Revocation of a driver permit. ARTICLE IV. MISCELLANEWOUS HOLDER AND DRIVER REGULATIONS. Sec. 4-194-15. Holder's and driver's duty to comply. Sec. 4-204-16. Holder's duty to enforce compliance by drivers. Sec. 4-214-17. Holder's service responsibilities. Sec. 4-224-18. Information to be supplied upon request of the administrator. Sec. 4-234-19. Falsification and non-transferability of authorization. ARTICLE V. GENERAL SERVICE RULES AND REGULATIONS. Sec. 4244-20. Regulations for use of holding stands. Sec. 4-254-21. Loading and discharging of passengers. Sec. 4-264-22. Pre-arranged trip information. Seor4-2. Gruis+ag Sec. 4-264-23. Solicitation of passengers. Sec. 4-294-24. Conduct of driver. Sec. 4-304-25. Return of passenger's property. Sec. 4-314-26. Not-for-hire status of vehicles. Sec. 4-324-27. Taxicab service. 2 Sec. 4-334-2E. Prearranged service. ARTICLE VI. FARES. Sec. 4-344-29. Rates of fare for taxicab. Sec. 4-35 -30. Fare collection procedure for taxicab. Sec. 4-64-31. Rates of fare for prearranged services other than TNC ARTICLE VII. REGULATED VEHICLE STANDARDS AND INSPECTION. Sec. 4-3-74-32. Standards. Sec. 4-394-33. Inspection. Sec. 4-394-34. False representation. Sec. 4-404-35. Decals. Sec. 4-41 -36. Equipment. Sec. 4-424-37. Taxicab equipment. Sec. 4-434-38. Taximeter. ARTICLE VIII. ENFORCEMENT. Sec. 4-444-39. Authority to inspect. Sec. 4-454-40. Removal of evidence of authorization. Sec. 4-464-41. Assistance by Department of Public Safety. Sec. 4-474-42. Correction order. Sec. 4-434-43. Service of notice. Sec. 4-494-44. Appeals. Sec. 4-504-45. Criminal Offenses. 3 ISec. 4-614-46. Administrative fines. ARTICLE I. GENERAL PROVISIONS. SEC. 4 STATE——.f=AIT _C POLICY. I it Is the PGliGy-of he Airport BeaFd and the Cities of Dallas and Feet Werth t adequate and �' nt regulated nee t the Airport. To}3FB1�'16�B--e�r� u�cc� E�f ♦�,r- r --$�PtrrvcS Crc-crr2�A�rpvrr.-r�thl$ the publiG health and safety, tG promote the PUbliG GgRveRienGe and neGessity, and to m pey+ting the nonGept of free enterprise SEC. 4-24-1. GENEPIAL AUTHORITY FOR ENFORCEMENT The Administrator, and representatives, agents and Airport employees designated by the Administrator, shall implement and enforce this chapter, and may by written order establish procedures, Rot inconsistent with this chapter, as determined as necessary by the Administrator to discharge the Administrator's duties under, or to effect the pG4Gypurpose of, this chapter. SEC. 4 3. EXEMPTIONS. 6 the yehiole h been ices yed a decal p� m rant to this ohapter these .�VTTCiG,Y,V1,,}1,C:,r,J�,r,1JT.GTT.7�GT<aLTGrCf�G'G7�7GTJp T hose Rules anur�#lat�ts do t apply to a vehiGle.-er to a perm eperating a yehinle that ie• (!) owned by a- nonorization-and Garrying only pa66eRgers accnoiated �wyith that organi�atinn if no compensation is renewed frem uvv - - - , any other percnn for Gann ring the passenger e (2) entering a Airport for the cele n�� Se of termipatipg a trip that ��� ........ tttr.-+ rn'pvrrrvnrr�ovr��ur�B�c�rZ lalwrfUlly originated outside of the Airport. (b j These Rules and RegulatieRa, eXGep fer CCU. 4 '4 through 4 33, de Rot. apply to a VehiGle or g a VLhiole that i nuynerl hey th fedeFal or state-go arvrprm"'-me Rt eF by a political suh i ion of the stacc eFS9n eF veh+iGle exempted URd CY--lttssu b seGtirenrs-subJ eet to a fee, r an nt to be designated by Airport Beard edule of Gh e a ms+�„�-�--a� y—t���,�e,a��. ��o,--�,�ar��, as- ameRded, for operating at th�pe �using the heldiRg stand„, er obtaining SEC. DEFINITIONS. 4 The definition of a term in the Rules anrd Reg la+jonc+this chapter applies to each grammatical variation of the term,.. Uunless the context requires a different definition ADMINISTRATOR means the Vice President of 8per-atiensthe Transportation Business Unit of the Dallas/Fort Worth International Airport Board, and iRGlu rep . AIRPORT ean+s all of the lana�-imp mvern�t, f,�- a s, and develepments \Adt�]jn the ho,,nidaries of the DallaeXert Werth International A jrnort ......... ...w wva..,.aw v v. the vaw ..,an, v,a Werth v,u, ,�-rtio�-r, AIRPORT BOARD OR BOARD me ns the D I Worth IRteFRat5GRa4 Alrranr•t Board CENTRAL QUEUE means the location from which fegulatedtaxicabs—&r;; are dispatched to specific locations on the Airport. COMPLIANCE PROGRAM means the program established by the Admini tr for to .sere-GOmplEaflse with--5hapteF 4 of-the—vede of Ruler, and Regulations of the DallasiFert Worth In+ernatlnnal Airport BeaFd CRUISE meaRs dFiVeRg a regulated V9hj9le aA4.146n 1000 feet of a terminal, perm jon from the Administrator-. DEPARTMENT OF PUBLIC SAFETY rnceza'ns thhe-Denepaft%R Of Public; Safety of the Dallas/FeFt Worth Interna+jnnal Airport Beard a.. rtc v.. v.a r.v,a,, „,av,,paw a,v,,u, ,a.,Nv.�.wurcr DEPARTMENT OF OPERATIONS meanca the Department of Opera+inn of the DEPARTMENT_....�._. �. �. �......�..� ....�....�.. ..... ...vMaw.a.„v„a v, vNv,zatiwrrvw,—crr� Dallac/Cnrt Worth International Airport Board DESTINATION means an-eXaGt and neparaate plane point or address. arTo-ocP�T' �AT' , e DRIVER means an individual granted permission by the AdFAini trator to drive nr eperatein control of a regulated vehicle. EMPLOYEE OYEE m ans any ptdFbun sale prnpri shin p sa norpera+inn ea,-r� arry--po,-�v„��oe�v-prvp„ete�a„*rTp �wrpvr�tcrvrr a$SeGis+ion' SO elder, join+ venture, or inrl nenrl� nn+�,rra,Gtor ir,ann the� mine n Taav,-ram n-ra�crrctrr r another ,corder an nontrant of hire wheer evpre ss nr jrvmplierd , y +h , oral nr wri#ep CEO Fneea s the6'hieEx�+ ef'ter of the Dail siFort WeFth In+ rn +ien I rrvrc�v�vrm-rnien�rr,vnttr Airport Beard, �d or his esigRee HOLDERmeans an individual sole proprietorship partnership norpera+inn join venture or other legal entity granted operating authority to provide regulated service at the Airport, E)r the holder's designated anent. 5 HOLDING STAND means all authorized queuing, loading, and holding areas as designated by the Administrator. INVIEFIML)KNT CONTRACTOR meur�u—ca to iGab or r.re_ angel sen�cs r»w��-�r��rir�-�-vv�-rrvrv'-�vr�- yy drrfyer who has Gentr-r_.nted with a holdcF. LAWFUL ORDER means a verbal or written directive issued by the Administrator or the Administrator's duly authorized representative in the performance of the Administrator's duties in the enforcement of the RUIP-6- aRT,d Regulations authorized b this chapter. ��1- RESIDENT means a niti� n of the United States aF a neFsen ecidinn in �Trcan�-u�rar��nv�-crr�vrrrc�� v'�P c�rur�-rTT the 1 Initert Ct.�tec+ in annnrda RGe with federal immigration laws. LIMOUSINE means a full size luxury vehicle or other vehicle approved by the Administrator. ON-DEMAND means a, a*Geling rom l transpot r rta on service that Chas not been pre- arrangedpatrons r OPERATE means to drive or to be in control of a mod-vehicle. OPERATING AUTHORITY means permission granted by the Administrator to I operate a regulated service at the Airport, including exceptions from normal authorization procedures granted by the Administrator. OPERATOR, with respect to a vehicle, means the same as DRIVER.dr%;0 wneFofa—regulated v hiGle o OPERATOR, with respect to a service, means the holder of an operating authority under which the vehicle is operated. OWNER means the person to whom state license plates for a vehicle have been issued or the person who leased the vehicle. PERSON means an individual, , 99yerRment, associations s9 or an ageRGY, St, pa eFshipo two or maFe perl+onS haviRg a joint OF nnmmnn ennnnmin interact or other legal entity. PRE-ARRANGED means an appointment made by a Rfegulated Saervice with a passenger to provide service, that was initiated by a person contacting the regulated service by telephone, correspondence or other oral, written, or electronic communication including mobile applications. ■EK '�KAPniED SFKY{{ - lY--_1 1s a passenger transpeFt+tinn seniine nner�reit ._�. ..�.�. ..���� ��.�-.�� ............ ... passenger ..........l..v.a.waw.. vv. v.vv vl✓v.ucvu for hiFe OR a pFeaFraRged basis using e o by the Adminis#ater 6 i REGULATED SERVICE means a taxicab or prearranged service and includes, but is not limited to, a facility from which the service is operated, regulated vehicles used in the operation of the service, a driver, and a person who owns, controls, or operates the service. REGULATED VEHICLE means a taxicab or prearranged service vehicle. RULES AND REGULATIONS means the Ground Transportation rules and regulations established under Chapter 4, Ground Transportation Rules and Regulations, of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. SCHEDULE OF CHARGES w+�s the Dallas/Fort WaFth Internatlon.+l Airp^rF Board SGhed'_11P_ Of e as amended. SEATING CAPACITY means the number of passengers capable of being transported in a vehicle based upon the number of manufacturer installed seat belts, as required by law. SERVICE AREA means for prearranged services, the area made up of the counties of Dallas, Tarrant, Southeast Denton and Southwest Collin; for taxicab service, the area made up of the counties of Dallas, Tarrant, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Denton, and Collin. TAXICAB means a vehicle as approve by the Administrator, ;;it h a mini., um of three doors and d a seatiAg GapaGity ef R9t less than fide nor mere taeinh+� i nnl�irlin the driver, used to transport persons for hire that uses a taximeter or trip meter to � compute a fare, and typiUa;,,y operates OR OFF8gular routes,irr-egul,aF Ssnedules, and on TAXICAB SERVICE means a pas armor transpeFtatien service operator) for hire on an on-demand or that uses dispatches taxicabs in the operation Of the 69W'Ge that i twenty-four hours per day, seven days per week dispatnhino c+ ictem TAXIMETER OR TRIP METER means a measuring device that mechanically or electronically computes a fare based upon the distance traveled, the time the vehicle is engaged, and any other basis for charges-gin are spe^ifierl in the operating nth^rity OF rates authnrizorl by the Arlminictratnr TERMINAL AREAS means the roadways, parking lots, holding stands, and sidewalks servicing the arrival and departure areas of all Airport terminals and the Airport hotels. TNC CONTRACTOR means a driver authorized to use a TNC's digital network pursuant to Texas Occupations Code Chapter 2402. TRANSPORTATION BUSINESS UNIT means the Transportation Business Unit of the Dallas/Fort Worth International Airport Board. TRANSPORTATION NETWORK COMPANY (or TNC) is defined in Texas Occupations Code Chapter 2402. VEHICLE shall mean and include automobiles, trucks, buses, motorcycles, horse-drawn vehicles, bicycles, pushcarts and any other device in or upon or by which any person or property is or may be transported, carried, or drawn upon land, except aircraft and railroad rolling equipment or other devices running only on stationary rails or tracks. SEC. 4---. ESTABLISHMENT OF RULES AND REGULATIONS. (a) Before submitting a proposal to the Airport Board to adopt, amend or repeal a rule or regulation, the Administrator shall hold a public hearing on the proposal. The Administrator shall fix the time and place of the hearing and shall notify each holder and such other persons as the Administrator determines may be interested in the subject matter of the hearing. (b)After the Airport Board acts upon the proposal, the Administrator shall notify the holders and such other interested persons of the action and shall post a notice in the Airport Board Ground Transportation Regulation Office, for a minimum of ten days. The action shall become effective immediately upon approval by the Airport Board. SEC. 4-64. ESTABLISHMENT OF PROCEDURES. The Administrator may by written order establish procedures not inconsistent with the Rules and Regulations, which the Administrator determines are necessary to discharge the Administrator's duty to implement the Rules and Regulations. ARTICLE 11. OPERATING AUTHORITY. SEC. _ _ _ _. OPERATING AUTHORITY REQUIRED. 4 ANo person OF ewRer shall operate a regulated service or represent to a passenger that a regulated vehicle is available for hire at the Airport without an approved operating authority issued by the Administrator. The Administrator may place conditions and/er limitations on the operating authority as determined necessary to effect the paUGypurpose of this chapter. 8 (b) e peFse,.iT-9F ew eF shall not+ra Ta7}yG Ft a pG7.sengeFfGF hiFe n�l_.c7nyl Git ti149 #FanspeFt of a-passeRgeF f0F hire by a Fegulated sew%% at the Airport unless the peFsen dFiving the VehiGle, er ane+her ...he employ er aentFaGts with the under this—GhapteF a thmugh a�ther forrmr n mien from the Administrator /n1 A neFsen s+�e�et engage nr hire a reg laced a ve�le Whinh the ..� . . ,,....a,aa 1 �G7-7y"`J' rnzrcca�. e��c person knows deer—net-have an enera+iRg authority a her form of permission from the AdA;inistrater V (d) A holdeg opera+inn a1 Ithority i net transferable. v VLJVluully uaAally `e) An operating all erity may be issw er a period no,t"te�6eed one ye r nrl • .+ ccr-vrrv�cur-orncr shall expire annually on the date designated On the operating authGF*. SEC. 4-64-6. INSURANCE. During the authorized period of operating authority, a holder shall procure and keep in full force automobile liability insurance that meets or exceeds the insurance requirements of the City in which the holder is authorized, or that meets or exceeds the insurance requirements of the State of Texas in the case of TNCs. lnsuraRGe required under this sentien h•+u-, (a\ inell de a eannella+inn ruler under which the insl Iranae aemnany `aw� ...V.aw awV aA VMIIVV..aw a.V11 ITV VI MIIMVI� pFoviding nevi e� s r 11' ed to ne+ify � Arlminin+rater I v�rvrrr v v .� v—rT `..1 �curr�rrrnvnttcvrre iti not o`"Ie�r ...a +hirlai rl.�v hefn GanGelinrr failing to renew or making a material nhanne to the insl bonne noliev .v..v.. v. ...aw.a111y aw maternal law aVl IaAI v , (b) name ,as add;t,eR al insuFed the A irneFtBoaFd and the Cities o Dallas and FeFt Wgrth anr) their effieers and emnleyeer, .,......� .w...w ..1. o vrn�+rnrerrt�rvmeera-e��cren�prvp SEC. APPLICATION FOR ISSUANCE, RENEWAL, AMENDMENT OR TEMPORARY AMENDMENT OF OPERATING AUTHORITY. To request issuance, renewal, aMenrlmen+ or ten, y amendment of an operating authority, a person or holder shall submit a written application with any fees required in a manner established by the Administrator. The Administrator may requirerequest a person or holder to provide such information as the Administrator considers necessary for the implementation and enforcement of this chapter, for the protection of the--public safety, or to meet any local, state, or federal laws, rules, regulations, or guidelines. The applicant shall be the person who will own, control, or operate the proposed service. TNCs shall be authorized by the Texas Department of Licensing and Regulation to operate in the State of Texas. All otherThe applicants shall be authorized to operate as a regulated service in the City of Dallas or the City of Fort Worth and shall provide a copy of that city's document authorizing the service 9 (a) The Administrator shall establish: (1) qualifications and criteria for issuing regulated service operating authority; (2) procedures for renewal of operating authority; (3) procedures for amending operating authority. (b) An applicant for taxicab operating authority shall 0 be authorized to operate a taxicab or for hire transportation service in the City of Dallas or the City of Fort Worth and shall provide a copy of that city's operating authority permit. I (c) An applicant for prearranged services (other than TNCs) operating authority shall: (4) be authorized to operate a prearranged service in the City of Dallas or the City of Fort Worth and shall provide a copy of that city's operating authority permit. (d) The Administrator shall deny issuance of a regulated service operating authority if: (1)the applicant failed to comply with all requirements; (2) the applicant or any person holding an ownership interest in the application has been convicted twice, suspended twice, or convicted I once *� and suspended once, of a violation of �—Peres—and ,I c J this chapter within the preceding two years; (3) the applicant made a false statement as to a material matter in the application for operating authority; (4) the applicant or any person holding an ownership interest in the application has been convicted of a city, state, or federal law that would reasonably tend to indicate that the applicant is not fit to perform a regulated service; or (5) the applicant has had a regulated service operating authority or driver permit revoked within a two-year period prior to the date of application. SEC. SUSPENSION AND REVOCATION OF OPERATING AUTHORITY. 10 (a) The Administrator may suspend or revoke a regulated service operating authority if the Administrator determines that the holder has: (1) made a false statement as to a material matter in the application for issuance or renewal of the applicant's operating authority; (2) failed to comply with provisions of the RulesaRel egula*H4sthis chapter, a lawful order, or a procedure established by the Administrator; (3) failed to comply with the terms and conditions set forth in the operating authority; (4) been convicted of a violation of another city, state or federal law or regulation which would reasonably tend to indicate lack of fitness of the holder to perform a regulated service; or (5) failed to pay all fees required by this chapter in a manner approved by the Administrator. (b) The Administrator may suspend a holder's operating authority for a period not to exceed sixty days. At the end of the suspension period, the holder may resume operating at the Airport after providing verification to the Administrator that the deficiency causing the suspension has been corrected by the holder. Failure to correct a deficiency within the time period established by the Administrator may result in revocation of a holder's operating authority. (c) A holder whose operating authority has been revoked shall not reapply for an operating authority before the expiration of twenty-four months from the date of revocation or, in the case of an appeal, the date the appeal hearing officer affirms the revocation. SEC. 4 14-9. APPEAL OF DENIAL, SUSPENSION OR REVOCATION. If the Administrator denies issuance, renewal, amendment, suspends, or revokes a regulated service operating authority, the action is final unless, within ten days from the date of receiving written notice of the action, the affected applicant or holder files an appeal in accordance with this chapter. SEC. 4-124-10. FEES. (a) All regulated service fees shall be published established in aGGeFdanGe With the Schedule of Charges. 11 (b) Should a holder allow the payment of any fee required under this chapter to become delinquent, a late payment charge shall be collected in accordance with the Schedule of Charges and the holder's operating authority may be suspended or revoked. (c) All fees shall be paid in a manner established by the Administrator. (d) No refund of fees shall be made. SEC. ADVERTISEMENT OF REGULATED SERVICE. (a)A person commits an offense if the person advertises or causes to be advertised the peration of a regulated service at the airport that does not have operating authority ranted under this chapter, when the advertisement is reasonably calculated to be seen by ersons seeking such service at the airport. (b) It is a defense to prosecution under SEC�(&)this section that the person was the publisher of the Aadvertising material and had no knowledge that the service was not permitted under this Gchapter. SEC. 4-144-12. HOLDER'S RECORDS AND REPORTS. (a) Each holder shall maintain at a single location such categories of its business records of its service as the Administrator may require. (b) The method used in maintaining the records shall be approved by the Administrator, and the Administrator may require maintenance of certain records which the Administrator determines necessary for monitoring the activities, operations, service or safety record of a holder. (c) A holder shall maintain a record of the driver of each regulated service vehicle operated under the holder's operating authority. The records shall include the name of each driver who has operated the regulated service vehicle and the dates and times of each driver's operation of the vehicle. (d)A holder shall make such records available for inspection by the Administrator or provide the Administrator with information contained in those records upon request. ARTICLE III. DRIVER PERMIT. SEC. DRIVER PERMIT REQUIRED. 12 (a) Except for TNC Contractors, aA person shall not operate at the Airport without a valid driver permit issued by the City of Dallas or the City of Fort Worth. (b) A holder of an operating authority shall not allow a person to operate a vehicle with an Airport authorization decal at the Airport that is owned, controlled, or operated by the holder unless the person has a valid driver permit issued by the City of Dallas or the City of Fort Worth. (c) It is not a defense to prosecution that the person was operating a vehicle I granted a certificate issued by the TX490TTexas Department of Transportati( SEC. " ". DISPLAY OF PERMIT. While on duty, a driver shall conspicuously display the driver permit in a manner established by the Administrator. (a) While on duty, a driver shall allow the Administrator, Airport Board official, or a peace officer to examine the driver permit upon request. (b)A driver permit is invalid unless presented with a valid Texas Driver's License of the appropriate class. SEC. 4-174-15. SUSPENSION OF A DRIVER OPERATING AUTHORITY#€ ADMINISTRATOR. (a) If the Administrator determines that a driver has failed to comply with any provision of the Rules and Regulations, the Administrator may suspend the driver's authorization to operate at the Airport for a definite period of time not to exceed six months. (b) The Administrator shall notify the holder and the city in which the driver is permitted of a suspension of the driver and include in the notice: (1) the reason for the suspension; (2) the date the suspension begins; (3) the duration of the suspension. SEC. 4-184-16. REVOCATION OF A DRIVER OPERATING AUTHORITY. (a) The Administrator may revoke a driver's authorization to operate at the Airport if the Administrator determines that the driver-. 13 (1) operated a regulated vehicle inside the Airport during a period in which the driver was suspended; (2) operated a regulated vehicle for a person not holding a valid operating authority; (3) received either a suspension in excess of ten days within the twelve month period preceding the conduct, or three times within the twenty- four month period preceding the conduct; (4) engaged in conduct that could reasonably be determined to be detrimental to the public safety; or (5) failed to submit payment of any regulated service fees as establishedpublished in the Schedule of Charges and in a manner approved by the Administrator. (b) The Administrator shall notify the holder and the city in which the driver is permitted of a revocation of the driver and include in the notice: (1) the reason for the revocation; (2) the date the revocation begins.�d ARTICLE IV. MISCELLANEOUS HOLDER AND DRIVER REGULATIONS. SEC. HOLDER'S AND DRIVER'S DUTY TO COMPLY. (a)A holder shall comply with the terms and conditions of the holder's operating authority, lawful orders of the Administrator, this chapterthe Rules and Req iatiOR , and other laws applicable to the operation of a regulated service. It is not a defense to prosecution that the trip originated in another city. (b) A driver shall comply with the Rules and Rams la i,& thiS chapter, other laws applicable to the operation of a motor vehicle in this State, lawful orders of the Administrator, and orders issued by the holder employing or contracting with the driver in connection with the holder's discharge of the holder's duty under the holder's operating authority and the Rules and Regala#gnnthis chapter. It is not a defense to prosecution that the trip originated in another city. by the Administrate SEC. 4-284-18. HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS. 14 (a) A holder shall establish policy and take action to discourage, prevent, e-Fand correct violations of the s and-ReguiathpT this chapter, procedures, and lawful orders Df the Administrator by drivers who are operating a vehicle under the holder's operating authority. (b) A holder shall not allow a driver to operate a vehicle under the holder's operating authority if the holder knows or has reasonable cause to suspect that the driver has failed to comply with the Rules and Regulati^ncthis chapter or other applicable law, or the lawful orders of the Administrator. (c) All holders shall be responsible for training all drivers employed by or contracting with the holder in: (1) Ruler, and Reg ilati^ncthe requirements of this chapter; and (2) all procedures established by the Administrator regarding the operation of a regulated vehicle at the Airport. SEC. 4-214-19. HOLDER'S SERVICE RESPONSIBILITIES. (a)A holder shall provide regulated service for passengers at the Airport in accordance with service levels and standards approved by the Administrator. (b) A holder shall cooperate with the Administrator in all phases of regulated service operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the Administrator for regulated service during periods of shortage. (c) A holder shall respond to all customer complaints regarding Airport service within ten days from receipt of the complaint and advise the Administrator of any and all action taken in response to the complaint. (d) A holder shall provide each driver with any and all forms as required by this chapter. All forms are subject to approval by the Administrator. (e) The Administrator may establish procedures to monitor the regulated services at the Airport including, but not limited to the following: (1) condition of regulated vehicles; (2) constancy of service at the Airport; (3) adherence to all Rules and Renulati^ncthis chapter; (4) driver conduct; (5) passenger complaints; and 15 (6) holding stand management. SEC. INFORMATION TO BE SUPPLIED UPON REQUEST OF THE ADMINISTRATOR. In addition to any other information required by this chapter, a holder shall submit to the Administrator, upon request, the following: (a) a current list of vehicles operating under the holder's operating authority; (b) the names of the current officers, owners, and managers of the regulated service; and (c) any other information determined necessary by the Administrator for the effective control and collection of fees associated with regulated service at the Airport. SEC. 4-224-21. FALSIFICATION AND NONTRANSFERABILITY OF AUTHORIZATION. (a) A driver permit, badge, decal, entry or dispatch ticket, emblem or any other item assigned to one person or vehicle is not transferable to another person, vehicle, or holder. (b) A person, holder or driver commits an offense if the person, holder or driver: (1) forges, alters, or counterfeits a driver permit, badge, decal, entry or dispatch ticket, emblem, trip meter device or any other item required by the Rules and Qegulat,,A this chapter or other applicable law; (2) possesses a forged, altered, or counterfeited driver permit, badge, decal, entry or dispatch ticket, emblem, trip meter device or any other item required by the Kilos and Regulatle this chapter or other applicable law; or (3) possesses more than one decal, entry or dispatch ticket, emblem or any other item required by the .idles ai;d Reg l tk sthis chapter or other applicable law, unless authorized by the Administrator. ARTICLE V. GE NERAL SERVICE RULES AND REGULATIONS. SEC. 4-24 -22. REGULATIONS FOR USE OF HOLDING STANDS. 16 (a) Except for TNC Contractor vehicles, aA vehicle is unauthorized on a holding stand if the vehicle is not equipped with a decal issued by the Administrator. (b) A vehicle on a holding stand without authorization from the Administrator may be removed from the holding stand and impounded with all towing and storage fees to be paid by the vehicle owner. (c) While on duty at the Airport, a driver shall queue only on designated holding stands as authorized by the Administrator. (d) While using a designated holding stand, a driver shall not: (1) leave the vehicle except to provide such assistance to a passenger as is reasonably necessary after being engaged, provided the driver remains within the designated holding stand, unless otherwise authorized by the Administrator; or (2) perform or allow to be performed repairs or maintenance on the vehicle. (e) A driver shall not utilize the holding stand while off duty. (f) A driver shall: (1) remain at a designated holding stand only long enough to load or discharge passengers and then expeditiously progress to the next holding stand, as authorized by the Administrator, or exit the Airport; and (2) enter a holding stand only at those times authorized by the Administrator. SEC. 4-254-23. LOADING AND DISCHARGING OF PASSENGERS. (a) A driver may transport only a person who is a paying passenger, unless the person is an employee of the holder that employs or contracts with the driver and has received approval from the Administrator to be in the regulated vehicle or the person is a governmental inspector acting in an official capacity. (b) A driver may not transport at the same time a number of passengers exceeding the designated seating capacity of a regulated vehicle. (c) A driver shall load passengers and baggage into a regulated vehicle only at designated holding stands. 17 (d) A driver shall discharge passengers in a manner authorized by the Administrator. SEC. 4 264-24. PRE-ARRANGED TRIP INFORMATION. When entering the terminal areas other than an approved holding stand, a driver operating on a pre-arranged basis shall possess and present to the aAdministrator on request, written, electronic or mobile application documentation indicating the following information: (a) If documentation is written or electronic: (1) name of the customer; (2) flight information as requested by the dministrator; and (3) location of pick-up to include terminal and curb location. (b) If documentation is contained in a mobile application: (1) name of the customer; and (2) location or pick-up to include terminal and curb location. S€C.4,-27. CRUISIAIr_. A per-son GOMMits an effense if the per-son engages in GFUlsong at the AirpeFt. it a defense to pr9cen61tinp if -A driver• (a) has a passenger to he dianharged at the terminal or hotel• e (b) has trip a uthorizatinn by the Administrator• e (G) ip t�rOGess of leaving the AirpoFt by the most diren site• nr �"7 �" leaving rr�n-w�'c-cnrcv cc�-vr (d) is in the process of driving to the nentrnl queue by the most direst route. �...vvvvv v. a.� r n.y av the vv.ia.u by Z� SEC. 4-264-25. SOLICITATION OF PASSENGERS. (a) A person commits an offense if the person: (1) solicits or attempts to solicit passengers; or (2) accepts payment from a driver, holder, or person in return for giving preferential treatment in directing passengers to the driver's or holder's regulated service. 18 (b) It is a defense to prosecution for a violation of this subsection if the owner of the regulated service has made a contractual agreement or other prior arrangement with the management of the other business and has been approved by the Administrator. SEC. 4-294-zn. CONDUCT OF DRIVER. A driver shall: (a) act in a reasonable, prudent and courteous manner; (b) maintain a sanitary and well-groomed appearance; (c) not respond to a dispatched call assigned to another driver or company; (sd) not consume, possess or be under the influence of: (1) any alcoholic beverage; (2) any controlled substance; or (3) any substance that could adversely affect the driver's ability to operate a motor vehicle; ( ) not monitor or possess equipment to monitor transmissions of a regulated service other than the holder under whose operating authority the driver is operating; (ef) not interfere with the Administrator in the performance of the Administrator's duties; (fg) not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, Airport building, holding stand, or Airport roadway in a manner that impedes the movement of a person or vehicle; ( ) comply with lawful orders of the Administrator issued in the performance of the Administrator's duties; ( )not deposit any bottle, can, trash, debris, junk, food, or other object around any holding stand, building or Airport roadway except in an authorized trash receptacle; (Jj) not file a false report or make a false statement to the Administrator; and Gk)not allow another person to drive or operate a regulated vehicle assigned to the driver unless such a person has authorization from the Administrator to 19 operate under the holder's operating authority which the vehicle is regulated and the person has written authority from the holder. (1) not operate a regulated vehicle within 1,000 feet of a terminal, hotel, or terminal area on the Airport without a dispatch authorization or other form of permission from the Administrator. SEC. 4-30 -27. RETURN OF PASSENGER'S PROPERTY. Upon finding property in a regulated vehicle left by a passenger, the driver shall comply with the procedures established for lost property by the Administrator. SEC. NOT-FOR-HIRE STATUS OF VEHICLES. (a) Each regulated vehicle operated on the Airport is presumed to be on duty and ready to serve the general public for hire. (b) The Administrator shall establish a procedure whereby a driver (other than a TNC Contractor) will indicate that the driver and the driver's vehicle are not for hire. If a driver is off-duty and does not intend to provide regulated service at the Airport, the driver shall comply with the procedure established by the Administrator. (c) A driver who is not for hire shall not queue a vehicle on or within five hundred feet of a holding stand or along or in the one-hour parking zones of the Airport roadways and parking lots unless authorized by the Administrator. SEC. TAXICAB SERVICE. (a) Representation of Availability of Taxicab (1)A driver may not represent that the taxicab is engaged when in fact it is not engaged. (2) A driver may not represent that the taxicab is not engaged when in fact it is engaged. (b) Refusal to Transport Passengers While operating a taxicab, a driver shall not refuse to transport a person who requests service unless: (1)the person is disorderly; (2) the driver is engaged in answering a previous request for service; 20 (3) the driver has reason to believe that the person is engaged in unlawful conduct; or (4) the driver is in fear of the driver's personal safety. (c) Transport Passengers by Direct Route A taxicab driver shall transport a passenger to the passenger's destination by the most direct and expeditious route available unless otherwise directed by the passenger. (d) Holding Stands Designated for Taxicabs In addition to the regulations for use of holding stands, a driver shall not: (1) interfere with the orderly progression of taxicabs from the rear to the front of any holding stand; (2) assign or sell the driver's position in a holding stand to another; (3) interfere with a taxicab entering a holding stand on which there is a vacant space; or (4) engage a passenger without first progressing through the holding stand in a manner established by the Administrator unless otherwise instructed to do so by the Administrator. SEC. 4-334-30. PREARRANGED SERVICE. Pre arranged SeFYiGF (a) All prearranged service shall be operated on a pre-arranged basis. All arrangements for prearranged service shall be made prior to the regulated vehicle entering into the terminal area or approved holding stand of the Airport. (b) A driver furnishing prearranged service shall not accept any passenger at the Airport except those for whom service has been pre-arranged and documented. ARTICLE VI. FARES. SEC. 4-344-31. RATES OF FARE FOR TAXICAB. 21 (a)A driver, holder, or owner shall not quote, request, or charge a fare for operating a taxicab at the Airport that is inconsistent with the rates authorized by the City in which they are permitted. (b) The driver, holder, or owner shall display the approved Airport rates of fare and any authorized incentive fares on and/or within a taxicab in a manner prescribed by the Administrator. (c) A driver, holder, or owner shall charge only a fare as computed by the taximeter or trip meter unless otherwise authorized by this section. (d) A taximeter or trip meter shall be activated at all times while transporting a passenger. SEC. FARE COLLECTION PROCEDURES FOR TAXICABS. (a) Before changing the taximeter or trip meter to indicate that the taxicab is vacant, a driver shall call the attention of the passenger to the amount of fare registered on the taximeter or trip meter. (b) Upon request by a person paying a fare, a driver shall give the person a legible receipt showing: (1) the name of the holder under whose authority the taxicab is operated; (2) the taxicab number; (3) the itemized list of charges; (4) the total amount of fare paid; (5)the date of payment; (6) the driver's name; and (7) the driver permit number. The receipt may be submitted to the payer electronically if the payer agrees to accept an electronic receipt. SEC. 4-364-33. RATES OF FARE FOR PREARRANGED SERVICES OTHER THAN TNC SERVICES. (a)A driver or holder shall not charge a fare for operating a prearranged service at the Airport that is inconsistent with the rates authorized by the holder's operating authority. 22 (b)A holder desiring to amend the holder's operating authority to effect a change in the approved rates of fare shall submit a written request to the Administrator. (c) The rates listed in the holder's operating authority shall be strictly adhered to, and no change in rates may be implemented without written approval of the Administrator. (c) The Administrator may require a holder to display rates within a prearranged service vehicle in a manner prescribed by the Administrator. (d) Upon request by a person paying a fare, a driver or holder shall give the person a legible receipt that indicates the name, address and phone number of the regulated service and the amount of fare. ARTICLE VII. REGULATED VEHICLE STANDARDS AND INSPECTION. SEC. STANDARDS. (a)All taxicabs serving the Airport shall comply with taxicab standards concerning condition, age, equipment, signs, and markings as determined by the City issuing the operating authority. (b) The Administrator may establish standards concerning safety, condition, age, size, emissions; manufacturer's suggested retail price, appearance, equipment, signs, and markings for vehicles operated in a regulated service other than TNC Services. SEC. 4-224-35. INSPECTION. (a) The holder of a regulated service operating authority shall maintain all regulated vehicles used in the service in a condition such that each vehicle is mechanically sound and road-worthy, the exterior and interior are clean and (except for TNC Contractor vehicles) appear new or substantially like new while meeting the standards approved by the City issuing the operating authority. (b) Except for TNCs, aA holder shall have each vehicle to be used in a regulated service authorized and inspected by the City issuing the operating authority. (1) A holder, owner, or driver shall make a regulated vehicle available for inspection when ordered by the Administrator. 23 (2) If a holder, owner, or driver fails to make a regulated vehicle available for inspection or if the Administrator determines that a regulated vehicle is not in compliance with the Rulesand Reg lafi( nsthis chapter, the Administrator may order the regulated vehicle removed from service until it is made available for inspection ands brought into compliance. (c) The Administrator may order a regulated vehicle be removed from service any time the regulated vehicle falls below standards established by the Administrator ands (except for TNC Contractor vehicles) the City of Dallas or the City of Fort Worth. (d) The holder or owner shall notify the Administrator of any regulated vehicle removed from service under the holder's operating authority, and shall be responsible for removing from the vehicle any decals that would distinguish the vehicle as a regulated vehicle. SEC. 4-294-36. FALSE REPRESENTATION. A person commits an offense if the person: (a) represents that a vehicle is a regulated vehicle if the vehicle is not in fact a regulated vehicle authorized to operate at the Airport; or (b) operates a vehicle at the Airport that is not a regulated vehicle if the vehicle is marked, painted, advertised, or equipped in a way that is likely to result in mistaking the vehicle for a regulated vehicle. SEC. DECALS. (a) The holder, or the owner of each regulated vehicle shall obtain from the Administrator, after the vehicle has been authorized by the City of Dallas or the City of Fort Worth, an authorization decal indicating the vehicle's authority to operate at the Airport. The decal shall be attached to each vehicle in a manner and location approved by the Administrator. The decal is the property of the Airport. The fee for a decal shall be charged in accordance with the Schedule of Charges. (b) The Administrator may remove an authorization decal if at any time a vehicle fails to meet the standards established by the City in which they are authorized for appearance, condition, age, safety, or equipment. The fee for reissuance of a decal which has been removed, lost, or stolen shall be :stablishedpublished in irsueFdaRGe With the Schedule of Charges. (c) A holder commits an offense if a V9hislepersor, operated under its operating authority: 24 (1) operates a regulated vehicle at the Airport with an expired Airport authorization decal; (2) operates a regulated vehicle with no decal affixed to it, except for the sole purpose of terminating a trip that lawfully originated outside the Airport; (3) attaches a decal to a vehicle not authorized to operate as a regulated vehicle at the Airport; (4) queues a vehicle on a designated holding stand as authorized by the Administrator with an expired decal or with no decal affixed to it; (5) interferes with the Administrator in the removal of a decal; (6) covers, conceals or attempts to cover or conceal a decal; (7) forges, alters, or counterfeits a decal required by this chapter; or (8) possesses a forged, altered, or counterfeited decal required by this chapter. SEC. 4-414-38. EQUIPMENT. (a) It is the responsibility of the holder of a regulated V iGle to ascertain the following equipment is in, on, and{er operable for each regulated vehicle operated under the holder's authority: (1) decal(s) required by this chapter; (2) any other equipment required by the City of Dallas or the City of Fort Worth (3) any other equipment required to comply with all federal and state motor vehicle laws; (4) any other special equipment that the Administrator determines to be necessary; and (5) all regulated vehicles shall accept all major credit cards as prescribed by the Airport Board unless exempted by the Administrator. When accepting a credit card payment, an operating authority or driver must use a secure credit card processing method that encrypts 25 I information transmitted to authenticate a credit card payment transaction for approval. (a) When aGG8ptang a -merit nar�ura-payment, aR erg acing authGFity nr driver must IIce a cenllre nredit GaFd nrenencinn methed tha �l—'� Va MVV u VVVMI V VI VMIa VG(1 eRGryptS infer.miatien t ntteid to a ltheetoGate a nredit GaF d (b) All regulated vehicles and all equipment in the regulated vehicles shall comply with all applicable federal and state motor vehicle safety standards. (c) A regulated vehicle may not be salvaged or reconditioned. (d) All temporary regulated vehicles shall comply with the requirements of this section and any other standards established by the Administrator. SEC. 4-424-39. TAXICAB EQUIPMENT. Unless otherwise specified in the operating authority under which a taxicab is operated and in addition to other equipment required by the Rules and oegwlatiensthis chapter, a holder, owner, or driver shall provide and maintain in good operating condition the following equipment for each taxicab: (a) seat belts for each passenger, the number of which is determined by the designated seating capacity; (b) a taximeter or trip meter, (c) equipment to indicate when a taxicab is operating for hire and when it is not for hire; (d) a top light; (e) a driver identification permit holder in a location as established by the Administrator; and (f) a personalized rate sheet, as approved by the Administrator, displayed in a location as established by the Administrator. SEC. 4-434-40. TAXIMETER. (a)aA taximeter shall accurately register in legible figures total miles, paid miles, number of fare units, number of trips, extras, and total fare for a trip. Figures denoting the fare shall be illuminated when the taximeter is activated. The taximeter shall be permanently mounted in a conspicuous location approved by the Administrator 26 (b) taximeter shall be equipped to indicate whether the taxicab is engaged or vacant with a tamper-proof system connecting the taximeter to a light on top of the taxicab that, when lighted, is visible from all directions. The system shall be designed so that the light is automatically illuminated while the taximeter is registering a fare (c) f the taximeter employs a flag, the flag shall project above the dashboard so as to be easily seen from outside the taxicab when in the non-earning position (d)tThe taximeter or its driver system shall be sealed at all points at which components, if manipulated, could affect the function or accuracy of the taximeter (e) he design of a taximeter is subject to approval by the Administrator to assure that it complies with this section (f) eEach taximeter shall be maintained in good operating condition and be tested and sealed at least once each year in a manner approved by the Administrator to assure compliance with weights and measures laws (g)tThe Administrator may order a taximeter to be tested at any time, and a holder, owner, or driver of a taxicab shall make the taxicab available for taximeter testing when so ordered (h)tThe holder, owner, or driver of a taxicab shall be responsible for paying the cost of testing a taximeter (i) _ person commits an offense if the person operates a taxicab that is: (1) not equipped with a taximeter or trip meter; or (2) equipped with a taximeter or trip meter that: (a) has been tampered with or altered; or (b) incorrectly registers or computes taxicab fares because of alterations to the taxicab odometer, including, but not limited to, changes in the gears, tires, or wheels of the taxicab. ARTICLE VIII. ENFORCEMENT. SEC. 4-444-41. AUTHORITY TO INSPECT. 27 The Administrator may inspect a regulated service operating at the Airport to determine whether the service complies with the Rulesand Regula#Gncthis chapter or other applicable laws. SEC. REMOVAL OF EVIDENCE OF AUTHORIZATION. When a holder's operating authority or a driver permit is suspended, revoked, or denied or whenever a vehicle fails to pass inspection, the Administrator may remove or require the surrender of all evidence of authorization as a holder, driver, or regulated vehicle including, but not limited to, removal or surrender of operating authority, driver permits, decals, signs, insignia, radios, top lights, and taximeters. SEC. ASSISTANCE BY DEPARTMENT OF PUBLIC SAFETY. (a) Upon specific request of the Administrator, officers of the Department of Public Safety may assist the Administrator in the enforcement of the Rules and Regulations. (b) A Department of Public Safety officer, upon observing a violation of this chapter or the procedures established by the Administrator, may take necessary enforcement action. SEC. 4-474-44. CORRECTION ORDER. (a) If the Administrator determines that a holder is in violation of the terms of the holder's operating authority, the Rules and Regu this chapter, a procedure established by the Administrator, a lawful order of the Administrator, or other law, the Administrator shall notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time. In setting the time for correction, the Administrator shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the Administrator may order the holder to immediately cease use of the equipment. (b) If the Administrator determines that a violation is an imminent and serious threat to the public health or safety, the Administrator may order the holder to correct the violation immediately. If the holder fails to comply, the Administrator shall promptly take or cause to be taken such action the Administrator considers necessary to enforce the order immediately. (c) The Administrator shall include in a correction order issued under this section: (1) identification of the violation; (2) the date of issuance of the correction order; 28 (3) the time period within which the violation shall be corrected; (4) a warning that failure to comply with the correction order may result in suspension or revocation of operating authority, imposition of a fine, or both; and (5) a statement indicating that the correction order may be appealed to the CEO. SEC. 4-464-45. SERVICE OF NOTICE. (a) A holder shall designate and maintain a representative to: (1) receive service of notice required under the Rules and Reg la#Gf sthis chapter to be given a holder; and (2) serve notice required under the Rules and Reg lack 4sthis chapter to be given a driver employed by or contracting with a holder. (b) Notice required under the Rules and Regina#G this chapter shall be given in the following manner: (1) a holder shall be personally served with the notice in a manner established by the Administrator, including but not limited to, serving holder's designated representative or by certified United States mail, five-day return receipt requested, to the holder's designated representative; or (2) a driver operating under a holder's operating authority shall be personally served by the Administrator, including but not limited to, serving holder's designated representative for the driver by certified United States mail, five-day return receipt requested. (c) A person operating in violation of these Rules and Regu atkm sthis chapter, other than a driver or holder permitted under this chapter, may be personally served by the Administrator or by certified United States mail, five-day return receipt requested. (d) Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for a notice that is mailed is the date of receipt. SEC. 4-494-46. APPEALS. 29 (a) If the Administrator denies issuance or renewal of operating authority, suspends or revokes operating authority, or issues a correction order, the action is final unless, within ten days from the date of receiving the written notice of the action, the affected applicant, holder, or driver files an appeal, in writing, with the CEO specifying the reasons for the appeal. (b) The CEO shall establish an appeal hearing procedure that will give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the ruling shall be based on a preponderance of evidence presented at the hearing. (c) The decision rendered through the appeal hearing procedure is final. SEC. 4-504-4r. CRIMINAL OFFENSES. (a)A person commits an offense if the person violates or attempts to violate a provision of this chapter applicable to the person. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under this chapter is punishable by imposition of a fine not to exceed the maximum allowable by law. (b) Prosecution for an offensedeFS€G. 4=50-(a) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. SEC. ADMINISTRATIVE FINES. (a)The Administrator or CEO shall have the authority to levy an administrative fine against a holder, or owner who violates any provision of the Rules and Regulations. (b) The fines shall be establishedpublished in the Schedule of Charge, as amended (c) Delinquent or past due fines shall be cause for the Administrator or CEO to immediately suspend any permit, operating authority, or written authorization of any holder, owner, or driver until such fines are paid in full, or take any other legal action deemed necessary to recover delinquent or past due fines. 30 Chapter 5 Courtesy Vehicles Delos and oequlatiGR I ARTICLE I. GENERAL PROVISIONS. Sec. 5-1. Authority for Enforcement. Sec. 5-2. Definitions. ARTICLE II. OPERATING AUTHORITY. Sec. 5-3. Operating Authority Required. Sec. 5-4. Insurance Sec. 5-5. Application for Issuance, Renewal, or Amendment of Operating Authority. Sec. 5-6. Suspension and Revocation of Operating Authority. Sec. 5-7. Appeal of Denial, Suspension or Revocation. Sec. 5-8. Fees. Sec. 5-9. Advertisement of Courtesy Vehicle Service. Sec. 5-10. Holder's Records and Reports. ARTICLE III. MISCELLANEOUS HOLDER AND DRIVER REGULATIONS. Sec. 5-11. Holder's and Driver's Duty to Comply. Sec. 5-12. Holder's Duty to Enforce Compliance by Drivers. Sec. 5-13. Holder's Service Responsibilities. Sec. 5-14. Information to be Supplied Upon Request of the Administrator. Sec. 5-15. Falsification and Nontransferability of Authorization. 1 ARTICLE IV. GENERAL SERVICE RULES AND REGULATIONS. Sec. 5-16. Regulations for Use of Holding Stands. Sec. 5-17. Loading and Discharging of Passengers. Sec. 5-18. Rental Car Companies. Sec. 5-19. Solicitation of Passengers. Sec. 5-20. Conduct of Driver. Sec. 5-21. Return of Passenger's Property. Sec. 5-22. Not-In-Service Vehicles. ARTICLE V. VEHICLE STANDARDS AND INSPECTION. Sec. 5-23. Standards. Sec. 5-24. Inspection. Sec. 5-25. False Representation. Sec. 5-26. Decals. Sec. 5-27. Equipment. ARTICLE VI. ENFORCEMENT Sec. 5-28. Authority to Inspect. Sec. 5-29. Removal of Evidence of Authorization. Sec. 5-30. Assistance by Department of Public Safety. Sec. 5-31. Correction Order. Sec. 5-32. Service of Notice. Sec. 5-33. Appeals. 2 Sec. 5-34. Criminal Offenses. Sec. 5-35. Administrative Fines. CeAt�TARTICLE I. Cpnpr�' Pr^••'c'^^cGENERAL PROVISIONS. See,ftn 1 '1. Statement-Gf P�lsY it as the peliGy of the DallarXeFt Worth international AiFpqFt BeaFd and the Gifies of Dallas V , YehiGle operati-ens at. the Airport aFe developed to proteGt the publiG health and safety, tq roadway system and terminal Gurbside spaGe whole Fesperting the GOnGept of f entee SestiGnSEC. 4-2-.5-1. GO„cM! A Uth r°t•• F^r EnfGroein AUTHORITY FOR ENFORCEMENT. The Administrator, and representatives, agents, and Airport employees designated by the Administrator, shall implement and enforce this chapter, and may by written order establish procedures net inconsistent with this chapter, as determined as-necessary by the Administrator to discharge the Administrator's duties under, or to effect the PONG purpose of, this chapter. Se^tmon .1_23. E Ption-S €�cnept when vehinle has he issued a r�l al pu use pant this, chapter, vcspc-�rrren t� can-Fs�tica-or�re6ut�ursau,-rrte a„v-vr,etpt�r these Rules and Regulations Ito not apply to a yehinle er to a person A o pined by a nonprofit organization and narnring only passengers r acrrgcra asseniated with that organisation if ne eompensatien is reneived from any ether person for narpiing the passengers• B. provided by an employer OF employee asseeiation for use in transporting employees between the employees' hemes and- the employer's plane Of h��sipes OF between mark stations, with employees en vrvrrri -vrrcrr—lttl�-an�rcay�scv reimhi using the employeF or employee eiatiorn in the am ant �t�rrtpur�mTtric}-,crrr,�i{perv)rummy-�,-,vrcirrtpivpc�a�gvrucrvn--rrr tan�vm�i Ga GU,,!at -te off-set the reasonable eXpeRSeS �'r-ef eperutting-the vehiGle; vetering the Airpert fer the sole purpose of terminating a trip that 1a4ully originated outside of the e 3 D. OFiginating a trip that has be T nre�T'e aFFanged by a passenger ngerr and autherized by the Administreter er r & G- wRpdbyLthe d-eraI�a goveMment OF by a p0litiGalbdiyisien of the state , t to he designated � Da"asICori Ul/orth Int atienal AlrporF a-17�8{�Ir-cv--vc�ea rruc"`" "'7 -�uTruvrr-vr�v�vrnTrrrc amended, the holding stands, OF ebtaining an authOFizatiOR deG SestienSEC. 4-4.5-2. DefinotwonsDEFINITIONS. The definition of a term in the Rules and Regulations applies to each grammatical variation of the term. Unless the context requires a different definition: l�A.d inmatratGfADMINISTRATOR means the OiresterVice President of r�„erotion 3 of the Transportation Business Unit of the Dallas/Fort Worth International Airport Board, and rpptpseRt}i`�, ag r AirnerF employees designated by the ll• A*FpGrt means all of the land, impr eats, f�avilities, o�developments within the hog rrmrleries of the DallasXert Worth International Airport pp,,,,,,,,�,.,,,�� III AmFpGr-t� QA7rd or BoaF 1 m�stThreeull.�c�/CorF WaFth International AirnorF BeaFd. IV. GGnsG1odated--Dental Car- FaGNityCONSOLIDATED RENTAL CAR FACILITY means the single facility at the Airport from which vehicles are rented by those persons having a concession and lease agreement with the Board for that purpose. CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been reversed, vacated, or pardoned. VlGG-atFa^t CouFtesy V CONTRACT COURTESY VEHICLE means a vehicle hired or contracted by a hotel, motel,. or auto rental company used for the transportation of passengers and property owned by those passengers to, on, or from the Airport. V11. Courtesy V^h'^'COURTESY VEHICLE means a vehicle operated by a � hotel, motel, or auto rental company used for transportation of passengers and property owned by those passengers to, on, or from the Airport, not for hire or direct compensation by a passenger, including contract courtesy vehicles. vilT�GF-11161111119 FReaRG dFiViRg a GOUFteGy vehiGle Within 1000 feet of au teflninal, nermieoion from the AdFn5n0stFator 4 !X. Department Safety means the Begin he X. 11epaFtment of Operatie the Department of (horn}inn of th ,-�,�.ors-meapsr�e�����„��,��ro.,���,e DallasiFeFt Worth International AmFpeFt Board-. X!.D d DRIVER means an individual who d�es ;-epeFatesa-GOuFtesi;an individual in control of a vehicle. 7Xlcr1EFnptGye —mess any per-son paFtRership r n+L nnratienr, ay.Sen"bri'tci9R, GtOGkheldeF, joint ventuFeF, OF inrlererrlen� ne Gtertvr on trh�e�'��ne of anetheF-undeFany r , !+entrant of hire uihe+her express or implied oral or written f !North International Airport Beard or his deSigRee XIV. 14eadwayHEADWAY means the time interval between vehicles of the same operator arriving at or driving through any area of a given terminal. X`CO. HGIQeTHOLDER means an individual, paFtnerrhip' eornoratjen, joint ventuFe or other legal entity granted operating authority to provide courtesy vehicle service at the Airport, nr the heldegs designated argent. XVI. HG11ding StardHOLDING STAND means all authorized queuing, loading and holding areas as designated by the Administrator. XViI.-Lawful Orde-r-LAWFUL ORDER means a verbal or written directive issued by the Administrator or the Administrator's duly authorized representative in the I performance of the Administrator's duties in the enforcement of the c.1Ie1. and Reg latiepc. al lthorized by this chapter. Legal Resident meanea GFtiz�f Kited States or a per on Fe siding in the I Injted States in� aoeerdanee with federal ImmigFatien law s. XIX. Off-Alir-pGFt Rental GaF CempanyOFF-AIRPORT RENTAL CAR COMPANY means a person who accesses the Airport for the purpose of supplying rental car services to persons using the Airport but who does not have a lease agreement with the Airport Board covering the use and occupancy of facilities at the Airport from which vehicles may be rented. XX.—OperateOPERATE means to drive or to be in control of a seUteey vehicle. XXI. Oper-ating AuthGF1tyOPERATING AUTHORITY means permission granted by the Administrator to operate a courtesy vehicle service at the Airport. XXII. Op--FatOFOPERATOR, with respect to a vehicle, means the same as DRIVER. OPERATOR, with respect to a service, means 5 yeh�r-the holder of an operating authority under which the vehicle is operated. YYIII AI.AinnrOWNER means, when used in connection with a vehicle, the person to whom state license plates for a vehicle have been issued or the person who leased the vehicle. YYIV. Person PERSON means an individual, fir.,,, pa rship, norpera+iGR, pr4qpFieteFshipf e f eF an r e or other legal entity. Gede of Rules anrd Regul tin T��gas,Cur I.MeFth Int ".7 t. e as- amended. YY\/1. Cnher -de- of Charges Mead$ the Pallas/Fort Worth In+ema+in�_A1Fpp9Ft Charges,Beard gGhedule of as amended. XXVIL Terminal Are ERMINAL AREAS means the roadways, parking lots, curbside zones, and sidewalks servicing the arrival and departure areas of all Airport terminals and the Airport hotels. d�4ion 1_r. Establis Menf of Rules and Reg lllatIGA adopt, a rule or regulation, the Administrator shall hold a pW blip hearing on +he u�vr- n,��urr„r„vnuro,-�„ prn�� The TAdminiistr tor sshalll fix the time and plane of thehearin and shall nett-each holder aR rmur.h etheF P9FSGM-I;�a? the Adminis+raa determines magi he inteFe ted in the subjeGt Fnatterer the hp r holders and s�ash ether interested persons of the ao+inn and shall pest a t�llirrvcrcry--ur�a�avrrvri�c�--rnrorca�cca�ar�v crorr-crr�a-vnun--peroc-cr nntino n�_the Alr Board Gmunrd TTasartotien Regulation #inee minims rn or�fvt r �he antinn shall hennme ee�� a +iV9 immediat i upon -rrm�rrtcnrrvT a-uvnvrrvnun�covm .� approval by the AiFper-t Board. Ruler, and Regulations whaGh the Administrator determines are r;eGes6aFy to diGGharge the Administrator's duty to implement the Ruler, and Reg Ja+inps Ses�e��ARTICLE II. OPERATING AUTHORITY. SestlGnSEC. 2-4-.5-3. OPERATING AUTHORITY 6 REQUIRED. -4No person ^ram-owneF shall operate a courtesy vehicle service at the Airport without an approved operating authority issued by the Administrator. The Administrator may place conditions ands limitations on the operating authority as determined necessary to effect the ypurpose of this chapter. ;,I. A person shalt net engage er hire o GGUFteSy vehinle whi^h the nyrsen knows rloes not have an oneFatino a lthority or .mother form of nermission from the �v "'. .A. holdle-gs operating authority is not transferable. N. An onara�n A,ithority may he issued a Period not e��Te year and i-v-T n r v� t8-��f6�. cT�.ur-urrcr shell expire annually on the date designated in the operating authnrit SestianSEC. 2-25-4. Insurance I. During the authorized period of operating authority, a holder shall procure and keep in full force automobile liability insurance that meets or exceeds the insurance requirements and standards established by the Administrator.t;;s se^ 'o and that does not violate the n1wrnerchin/nnerational nontral prohibition des^rihed in this centinn A r�Inrs arunve Fequifed uRdeF� s G6tinn ahalrl• I. be GaFFied with an ins Uranoe ^omnany li^enserl, nn arnve�T e authorized rized to do business in the State Texas and Whi^h if }QGr •�',,G^,�. L.V-QWy�,,Q�7T7�J'OTTZTfG�'L�[�OTTi-iJ�'GrJ , the -header Or, uther!�by the City of geIIes, has a rating ayentable to the City of Dallas and Whi^he if the h`eldeF "�Y` y of Cent WeFth, �th the Git nr if the holder is a ori-�erl h.r a ^iti rn�t other than Dallas or Fert Worth whinh has a rating a^nentahle r to the City of Dallas or the City of Fnrt Worth, WhiGheverio less and is a^nentahle to the Administrator• o f 7. innli ode a—vaRGellatien -FTuP-F '-'Ader Whir.h the ORSUF % ^cvM nano nrnvidinr. 7^eYeF rr��eequiT�e notify the Adm ut�r i�w FitiRg not" "' fewer then thin y days bbef9re GaRGelffing, failing to renew o fo f making a material ^ ge to the 3 in^L ide a nrnvisinn to nnver all veh� .wrhe r owned nr not cr-airr ,�a-rTc ca-vrrtcc oiwin by the nTdder the holdeF's opef tj inn `"`��.� 4. Rami'7e-as add+tuenalGT insured thc�arre Airport e ritie of Dallas and Fort Worth and their offioers and employee 7 5. provide E;oFnboned songle ilmits of liability f9F bedily pFopeFty damage of Rot less t.h-;;n $600,000 foF eaGh GGGUrrenGe or the equavaleRt, fOF eaGh FROtOF V8hiGle used by the holdeF; 6. have a prgymsm g the ftnsuFaF;Ge G9FnpaRy te pay evefy Glaim an a fimt dollaF basis; and :7. ROt GORtaiR bedily *RjuFy exGlusions. B. Aggregate limits of liability are prohibited. G. A holder may self-inswe of the AdministFater deteFmines tha fuFn'sh pFeteGtiGF; of the same GhaFiaGter and amount a. the weFe E;aFFied by an inswal;Ge GOmpany. In nemsidef4 authoFizatwon of self onsuFaRGe, the Admoi;astFatnF qh;;!' nemSe.der the fiRaRGial fitness and the past Ferword- of management r-esponsibil" the holder and Fnay establish ma ge limits for whor.1; the holder may self-inswe. if at any tome the Administrator dete i - - Rpif-mpq--rpd holdeF 06 unable to provide adequate seff- 'RsuFaRE;e, the AdFnmnmstFatE)r by wrotten Aqtl--P- r-.h-;a" n-rd-i-mr t-hp- heldeF to uraRGe fFG 3nGe GOMp-any and the heldeF 8 G( the oFder mot mere than thiFty days afteF the RGtiGe is served. D. Insur-al;Ge FequiFed by this sertwOR shall net be obtained fFem CIA assigned Fisk pool. E. NO per-son with any d'reGt OF lRdiFeGt owner-ship inteFest in the helde�s GGUFte6y vehiGle GeFViGe may have any opeFational GORtFOI, diFe ndoreGt, AGe Gempany that pFevides insu md ranGe Fequ+reG by this seGti9l; to the GGuFtesy vehiGle SeNiGe. FoF puFpeses o 66ibseGtoon, "epeFatmenal GORtr-ol" Fneans holding any managem pesition with the ORSUFaRG8 Gompany (*AG!ud'F;g, but not limited to-,4he Ghmef exeGUtiVe OffiGeF, the pFesident, a isident, oF any PeFSGR on a deGOS'Gl;- making FespeGt W Gla'Fnr,) 9F having the AFel the adens oF deGOSOORS of any . -WGh a mana i.fiffie-14 in the insuraRGe GOMpany. if a GOUFte6y vehiGle is Femoved from r.,eFVwGG, the holder shall Maintain the m RSUFaRGe G9verage requiFed by this seGtion for the vehir-le uRtil the AdFnmnostFatE)F reG96ves satmsfaGtGFy proef that all evidleamr-ae of opeFation as-a GOUFtesy vehiGle has been Femoved fFem the vehiGle, and that the veho has OR fart been re.m.eved- fro- OpeFating authwity 6hall not be qFanted OF Penewed unless the appliGant o holder furnm6hes the AdRqmRmstFatE)F with SUGh pFoef of In6wFaRGe as 8 ttCfl"1'1''n'Sit'IQte' nsider-s—AeGessaFy to d6tcrmGT19' ine whetheFthe appliGant nr helyder is adequately insured under this seG}inn shall be on file with the Administrator at all times, in a manner establishedby the Ardministrater 0ns �raurarnGe()Fni--file INFth the Administr-ater, shall recant on the immedi I suspension of the holde� operiating autheNty. If a s spendead fer fails ire to maintain ins uranr.e OF to keep ins �r e� the tShall not he reinstaterd unto! sa�faG}er�i nrnnf of Tr�r.�srraR6�-cn�, rraTr��v�c-Tc-rrr�cuzczr-anrn-tea insuranGe meeting minims im Fee Firemen}s is submi#erd to and Gnnfirmerd by the Administrator A. A Persnn Gemmits an effens� the Fsee�n noon aces a Goy i Y�+��eniiee aAihile {�n �«peraatiRg authnrity 06 suspend Under this suhseetion whether Gr not the antinn is annealed B. A fee fnr reinsta} } operating g a�i rity afF rF a snaes T n. �enaenrs �an� ercrriFa � ". FJndeFthis subseGtnan be in annerdanr•e with the SGhhcra�of Ghar-ges. V!.if as heldGF doeSrRO ebtaiR newnsaranne within ferf�i�a_days after holder's insuranne is Gan led the Administrator magi revoke the-beldegs�nvTazr�r-n-r�urarrv�r»arr6eTc�,-mc�amn-rrarrorcvr-rrrc�- nneratinn authority. SestionSEC. 2-3-.5-5. AnnRliGaiieTn �far- lrJJ-sua'nGel Renewal, or Amendme'nt G# Operating—r4uyAPPLICATION FOR ISSUANCE, RENEWAL, OR AMENDMENT OF OPERATING AUTHORITY. To request issuance, renewal, or amendment of an operating authority, a person or holder shall submit a written application with any fees required in a manner established by the Administrator. The Administrator may Feques a person or holder to provide such information as the Administrator considers necessary for the implementation and I enforcement of this chapter, for the protection of the-public safety, or to meet any athe local, state, or federal laws, rules, regulations, or guidelines. The applicant mustshall be the person who will own, control, or operate the proposed service. -1-.(a) The Administrator shall establish: A-(1) qualifications ands criteria for issuing courtesy vehicle service operating authority; &(2) procedures for renewal of operating authority; and G-.(3) procedures for amending operating authority. 9 the req ie&t lfl-.(b) The Administrator shall deny issuance of a courtesy vehicle service operating authority if: A:(1) the Administrator determines that the public convenience and necessity do not require or are not otherwise served by the proposed service; &(2) the applicant failed to comply with all requirements; f,�.(3) the applicant or any person holding an ownership interest in the application has been convicted twice, suspended twice, or convicted once and suspended once, of a violation of these Rules and RegulatieRsthis chapter within the preceding two years; 9-.(4) the applicant made a false statement as to a material matter in the application for permit; €-(5) the applicant or any person holding an ownership interest in the application has been convicted of a city, state, or federal law that would reasonably tend to indicate that the applicant is not fit to perform a courtesy vehicle service; or 1=(6) the applicant has had a courtesy vehicle service operating authority revoked within a two-year period prior to the date of application. Sestien . 2-4.5-6. Suspension spen@f n and Q cYGGatmon Gf OpeFating A itjFSUSPENSION AND REVOCATION OF OPERATING AUTHORITY. �(a) The Administrator may suspend or revoke a courtesy vehicle service operating authority if the Administrator determines that the holder has: A:(1) made a false statement as to a material matter in the application for issuance or renewal of the applicant's operating authority; 43-.(2) failed to comply with provisions of the Rules and Regulatk;sthis chapter, a lawful order, or a procedure established by the Administrator; G(3) failed to comply with the terms and conditions set forth in the operating authority; P-.(4) been convicted of a violation of another city, state or federal law or regulation which would reasonably tend to indicate lack of fitness of the holder to perform a courtesy vehicle service; or 10 (5) failed to pay all fees required by this chapter in a manner approved by the Administrator. a-I:(b) The Administrator may suspend a holder's operating authority for a period not to exceed sixty days. At the end of the suspension period, the holder may resume operating at the Airport after providing verification to the Administrator that the deficiency causing the suspension has been corrected by the holder. Failure to correct a deficiency within the time period established by the Administrator may result in revocation of a holder's operating authority. 41,.(c) A holder whose operating authority has been revoked shall not reapply for an operating authority before the expiration of twenty-four months from the date of revocation or, in the case of an appeal, the date the appeal hearing officer affirms the revocation. SestionSEC. 2-6-.5-7. Appeal „f Denial, S I OF R vGGat+onAPPEAL OF DENIAL, SUSPENSION OR REVOCATION. If the Administrator denies issuance, renewal, amendment, suspends, or revokes a courtesy vehicle service operating authority, the action is final unless, within ten days from the date of receiving written notice of the action, the affected applicant or holder files an appeal in accordance with this chapter. sestianSEC. 2-6-.5-8. FeesFEES. f:(a) All courtesy vehicle service fees shall be estabi ishedpublished in the Schedule of Charges. 44-.(b) Should a holder allow the payment of any fee required under this chapter to become delinquent, a late payment charge shall be collected in accordance with the Schedule of Charges and/or the holder's operating authority may be suspended or revoked. 4fl-.(c) All fees will be paid in a manner established by the Administrator. 4V,(d) No refund of fees shall be made. SestiGnSEC. 2--7-.5-9. dve-tosement of CGurtesy Veheel` SePieeADVERTISEMENT OF COURTESY VEHICLE SERVICE. 4-.(a) A person commits an offense if the person advertises or causes to be advertised the operation of a courtesy vehicle service at the Airport that does not have operating authority granted under this chapter, when the advertisement is reasonably calculated to be seen by persons seeking such service at the Airport. a-I:(b) It is a defense to prosecution under this subsection (that the person was 11 the publisher of the advertising material and had no knowledge that the service was not permitted under this chapter. SeGtienSEC. 2-8-.5-10. HGide"'c R-e^"r-"ic and Re„^F*SHOLDER'S RECORDS AND REPORTS. f:(a) Each holder shall maintain at a single location such categories of Its business records of its service as the Administrator may prescribe. 44b) The method used in maintaining the records must be approved by the Administrator, and the Administrator may require maintenance of certain records which the Administrator determines necessary for monitoring the activities, operations, service or records of a holder. 4.(c) A holder shall maintain a record of the driver of each courtesy vehicle operated under the holder's operating authority. The records shall include the name of each driver who has operated the courtesy vehicle and the dates and times of each driver's operation of the vehicle. A4(d) A holder shall make such records available for inspection by the Administrator or provide the Administrator with information contained in those records upon request. Ser.ftn-3 Rs�a Section 4ARTICLE III. MISCELLANEOUS HOLDER AND DRIVER REGULATIONS. SeGtwonSEC. 4-4-.5-11. HG s^-any' ^�'S-DmTtG ComplyHOLDER'S AND DRIVER'S DUTY TO COMPLY. 1-.(a) A holder shall comply with the terms and conditions of the holder's operating authority, lawful orders of the Administrator, this chapter he Rules and and other Jaws applicable to the operation of a courtesy vehicle service. It is not a defense to prosecution that the courtesy trip originated in another city. 4.(b) A driver shall comply with this chapter he Rules and Reg latiG^c, other laws applicable to the operation of a motor vehicle in this State, lawful orders of the Administrator, and orders issued by the holder employing or contracting with the driver in connection with the holder's discharge Do i the holdderrys,duty under the holder's operating authority and this chapter . It is not a defense to prosecution that the trip originated in another city. 12 SeGtFGnSEC. 4-25-12. WG!der!e Duty to EnfGr-Ge hGMpllanGe by OFIver-sHOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS. �.(a) A holder shall establish policy and take action to discourage, prevent, erand correct violations of this chapter}" Rules and Roryulations, procedures, and lawful orders of the Administrator by drivers who are operating a vehicle under the holder's operating authority. 44b) A holder shall not allow a driver to operate a vehicle under the holder's operating authority If the holder knows or has reasonable cause to suspect that the driver has failed to comply with this chapterthe Rules and Reg latim ,c or other applicable law, or the lawful orders of the Administrator. SeGtoGn 4-23. Reserved SeGtiGnSEC. 4-4.5-13. Weldlz'S SeFv°^e RespGnsibilitiesHOLDER'S SERVICE RESPONSIBILITIES. 1-.(a) A holder shall provide courtesy vehicle service for passengers at the Airport in accordance with service levels and standards approved by the Administrator. fl-.(b) A holder shall cooperate with the Administrator in all phases of ground transportation operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the Administrator for courtesy vehicle service during periods of shortage. 41�(c) A holder shall respond to all customer complaints regarding Airport service within ten days from receipt of the complaint and advise the Administrator of any and all action taken in response to the complaint. W4d) The Administrator may establish procedures to monitor the service levels of courtesy vehicles at the Airport including, but not limited to the following: A.(1) condition of courtesy vehicle service vehicles; 6:(2) constancy of service at the Airport; G(3) adherence to this chapter" Rules and Reg lati „ ; 9(4) driver conduct; and €.(5) passenger complaints. SestiGRSEC. 4-&5-14. lnf,,vr�atfiAN to be Spite Upon Request the INFORMATION TO BE SUPPLIED UPON REQUEST OF THE ADMINISTRATOR. 13 In addition to any other information required by this chapter, a holder shall submit to the Administrator, upon request, the following: 4-.(a) a current list of vehicles operating under the holder's operating authority; tl-.(b) a current financial statement which includes a balance sheet/income statement; 4(c) the names of the current officers, owners, ands managers of the courtesy vehicle service; and tV-.(d) any other information determined necessary by the Administrator for the effective control of courtesy vehicle service at the Airport. Ses#+enSEC. 4-6-.5-15. FallsifiGatilon and hiantrana •,{ AuthGr-mzatmGnFALS1F11CATION AND NONTRANSFERABILITY OF AUTHORIZATION. 1-.(a) A badge, decal, entry ticket or any other item assigned to one person or vehicle is not transferable to another person, vehicle, or holder. 4(b) A person, holder or driver commits an offense if the person, holder or driver: A (1) forges, alters, or counterfeits a badge, decal, entry ticket, emblem or any other item required by this chapter he Rules and Regulations or other applicable Jaw; B-.(2) possesses a forged, altered, or counterfeited badge, decal, entry ticket, emblem or any other item required by this chapterthe Rules Regulations or other applicable law; or G-.(3) possesses more than one badge, decal, entry ticket, emblem or any other item required by this chapters Rules and Regulations or other applicable law, unless authorized by the Administrator. PARTICLE IV. GeneFal Qnr.e:we Rules and Regullat:AMsGENERAL SERVICE RULES AND REGULATIONS. I SesfiGnSEC. 5--1:5-16. R .^" at�ens for Use of u„1„1:no St-ansREGULATIONS FOR USE OF HOLDING STANDS. A vehicle is unauthorized on a holding stand if the vehicle is not equipped with a decal issued by the Administrator. 4.(b) A vehicle on a holding stand without authorization from the Administrator may be removed from the holding stand and impounded with all towing and 14 storage fees to be paid by the vehicle owner. 41(c) While on duty at the Airport, a driver shall queue only on designated holding stands as authorized by the Administrator. W-.(d) While using a designated holding stand, a driver shall not: X(1) leave the vehicle except to provide such assistance to a passenger as is reasonably necessary after being engaged, provided the driver remains within the designated holding stand, unless otherwise authorized by the Administrator; &.(2) perform or allow to be performed repairs or maintenance on the vehicle; or G-.(e) A driver shall not utilize the holding stand while off duty. VL.(f) A driver shall: A.(1) remain at a designated holding stand only long enough to load or discharge passengers and then expeditiously progress to the next holding stand, as authorized by the Administrator, or exit the Airport; and &.(2) enter a holding stand only at those times authorized by the Administrator. SeGtmGnSEC. 5-2-.5-17. Loading and DFsrhaF911R9 ^o Passe rger-sLOADING AND DISCHARGING OF PASSENGERS. h(a) A driver may not transport at the same time a number of passengers exceeding the designated seating capacity of a courtesy vehicle. 44-.(b) A driver shall load passengers and baggage into a courtesy vehicle only at designated holding stands. W.(c) A driver shall discharge passengers in a manner authorized by the Administrator. Ses i SEC. 5-3-.5-18. Rental CaF CompaniesRENTAL CAR COMPANIES. �.(a) No Rental Car Company shall provide a courtesy vehicle service between the terminal areas and the Consolidated Rental Car Facility. No Rental Car Company shall deliver rental vehicles to the terminal areas or accept return of rental vehicles at the terminal areas, except as expressly permitted in writing by the Administrator. 44b) The operator of a Courtesy Vehicle or Contract Courtesy Vehicle picking up and dropping off persons at the Airport on behalf of an Off-Airport Rental Car 15 Company shall pick up and drop off those persons only at the nceliidaat ed at such point or points at or within he (�encerrla+erl as are designated by the Administrator, eXGen+ as o+hepNi e aG7 expressly nermetted in writing by the Administrate Ss e �ta Gn 5-4. f F �16iRn A nerc+en nernmits an offenoe if the nerc en eniraneo in rn Uisine at the A irner+ I+ is a defence to nreseeULion if a drayei 1 har, a passeRa ed at the +er final er he+el• `���.7 �.�rtc��r�}mar-vr�-rvccr, 1 as+�_au t y the Administrate-,_fir 111 is in the nreGes of leaving the A irneFt by the mess direr+ roU+e Ses#+enSEC. 6-5-.5-19. SGIllraltatlGR ^f PassengefeSOLICITATION OF PASSENGERS. 4-.(a) A person commits an offense if the person: A-.(1) solicits or attempts to solicit passengers; or 8-.(2) accepts payment from a driver, holder, or person in return for giving preferential treatment in directing passengers to the driver's or holder's courtesy vehicle service. 4-.(b) It is a defense to prosecution for a violation of this subsection if the owner of the courtesy vehicle service has made a.contractual agreement or other prior arrangement with the management of the other business and has been approved by the Administrator. SesttianSEC. 5-6.5-20. CONDUCT OF DRIVER. A driver shall: 4-.(a) act in a reasonable, prudent and courteous manner; 44-.(b) maintain a sanitary and well-groomed appearance; 41-.(c) not respond to a dispatched call assigned to another driver or company; A�.(d) not consume, possess or be under the influence of: A-.(1) any alcoholic beverage; 9-.(2) any controlled substance; or 16 G-.(3) any substance that could adversely affect the driver's ability to operate a motor vehicle; V-.(e) not monitor or possess equipment to monitor transmissions of a courtesy vehicle service company other than the holder under whose operating authority the driver is operating; V4-.(f) not interfere with the Administrator in the performance of the Administrator's duties; VN-(g) not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, Airport building, holding stand, or Airport roadway in a manner that impedes the movement of a person or vehicle; VIW-.(h)comply with .lawful orders of the Administrator issued in the performance of the Administrator's duties; t-X:(i) not deposit any bottle, can, trash, debris, junk, food, or other object around any holding stand, building or Airport roadway except in an authorized trash receptacle;-aid X-.(j) not file a false report or make a false statement to the Administrator.-, and (k) not operate a regulated vehicle within 1,000 feet of a terminal, hotel, or terminal area on the Airport without a dispatch authorization or other form of permission from the Administrator. SestoGnSEC. 5-7-.5-21. RetUFR^r—Passe g Pr^^er-tjFRETURN OF PASSENGER'S PROPERTY. Upon finding property in a courtesy vehicle left by a passenger, the driver shall comply with the procedures established for lost property by the holder under whose operating authority the driver operates. SertIGnSEC. 5415-22. NGt-in-SePAA^ Veh: NOT-IN-SERVICE VEHICLES. 4-.(a) Each courtesy vehicle operated on the Airport is presumed to be on duty and ready to serve the general public. 44-.(b) The Administrator shall establish a procedure whereby a driver will indicate that the driver and the driver's vehicle are not in service. If a driver is operating a vehicle that is not in service and does not intend to provide courtesy vehicle service at the Airport, the driver shall comply with the procedure established by the Administrator. M(c) A driver who is operating a vehicle that is not in service shall not queue the vehicle on or within five hundred feet of a holding stand or along or in the one- hour parking zones of the Airport roadways and parking lots unless authorized by 17 the Administrator. SeGtaen 6 Resewed Sestlen7ARTICLE V. VEHICLE STANDARDS AND INSPECTION. SestiGnSEC. 7-4-.5-23. Rtandard STANDARDS. The Administrator may establish standards concerning safety, condition, age, emissions, appearance, equipment, signs, and markings for vehicles operated in a courtesy vehicle service. SestianSEC. 7-2-.5-24. 'ns^eGtoGF INSPECTION. 4-.(a) The holder of a courtesy vehicle service operating authority shall maintain all courtesy vehicles used in the service in a safe mechanical condition and shall maintain the interior and exterior of the vehicles in good repair. 44-.(b) The holder shall have each vehicle to be used in a courtesy vehicle service inspected in a manner approved by the Administrator before operating authority is issued and at such other times as may be ordered by the Administrator. Inspection shall determine safety, condition, age, appearance, equipment, signs and markings, and compliance with all state and federal laws Including those regulating emission of air contaminants. X(1) A holder, owner, or driver shall make a courtesy vehicle available for inspection when ordered by the Administrator. &(2) If a holder, owner or driver fails to make a courtesy vehicle available for inspection or if the Administrator determines that a courtesy vehicle is not in compliance with this chaptertheTules and--Regulations, the Administrator may order the courtesy vehicle removed from service until it is made available for inspection ands brought into compliance. G:(3) If the Administrator determines that inspection of the mechanical condition or safety equipment of a vehicle by a certified mechanic or technician is necessary, the holder, owner, or driver shall pay the cost of the inspection. 41-.(c) The fee for each inspection by the Administrator of each vehicle operated under a holder's operating authority shall be establishedpublished in aGGGrdaRGe with the Schedule of Charges. W.(d) The Administrator shall designate the time and place for annual inspection of 18 courtesy vehicles operated under the holder's operating authority. If the Administrator determines that a courtesy vehicle should be inspected by a third party, the applicant or holder shall bear the reasonable cost of inspection. V-.(e) A holder may contract for maintenance but shall be responsible for assuring that all courtesy vehicles operated under the holder's operating authority are maintained in safe operating condition. VI-.(f) The Administrator may order a courtesy vehicle be removed from service any time the courtesy vehicle falls below standards established by the Administrator. V-ll.(g) The owner of a courtesy vehicle authorized to operate in a courtesy vehicle service shall notify the Administrator of any change in ownership of the vehicle within ten business days of the change. V444-.(h) The holder or owner shall notify the Administrator of any courtesy vehicle removed from service under the holder's operating authority, and shall be responsible for removing from the vehicle any decals that would distinguish the vehicle as a courtesy vehicle. SestiGnSEC. 7-3-.5-25. False RepFeSen taut^^FALSE REPRESENTATION. A person commits an offense if the person: 4:(a) represents that a vehicle is a courtesy vehicle if the vehicle is not in fact a courtesy vehicle authorized to operate at the Airport; or 4.(b) operates a vehicle at the Airport that is not a courtesy vehicle in a courtesy vehicle service if the vehicle is marked, painted, advertised, or equipped in a way that is likely to result in mistaking the vehicle for a courtesy vehicle. See�enSEC. 7-4.5-26. 13esahaDECALS. ]-.(a) The holder, owner, or driver of each courtesy vehicle shall obtain from the Administrator, after passing inspection, an authorization decal indicating the vehicle's authority to operate at the Airport. The decal must be attached to each vehicle in a manner and location approved by the Administrator. The decal is the property of the Airport. The fee for a decal shall be charged in accordance with the Schedule of Charges. 4.(b) The Administrator may cause a decal to be removed from a vehicle which at any time fails to meet the standards for appearance, condition, age, safety or equipment. The fee for reissuance of a decal which has been removed, lost, or stolen shall be established published in the Schedule of Charges. 4(c) A person commits an offense if the person: 19 A-.(1) operates a courtesy vehicle at the Airport with an expired Airport authorization decal (2) operates a courtesy vehicle at the Airport with no decal affixed to it, except for the sole purpose of terminating a trip that lawfully originated outside the Airport; &(3) attaches a decal to a vehicle not authorized to operate as a courtesy vehicle at the Airport; G(4) queues a vehicle on a designated holding stand as authorized by the Administrator with an expired decal or with no decal affixed to it; D-.(5) interferes with the Administrator in the removal of the decal; €:(6) covers, conceals or attempts to cover or conceal the decal; F.(7) forges, alters, or counterfeits a decal required by this chapter; or G..(8) possesses a forged, altered, or counterfeited decal required by this chapter. Serb SEC. 7-455,.5-27. EquipmentlEQUIPMENT. �(a) It is the responsibility of the holder, owner' and/or driver of a nog Racy Yehinle to ascertain the following equipment is in, on, ands operable for each courtesy vehicle operated under the holder's authority: A(1) an air conditioner; &(2) a heater; G-.(3) a fire extinguisher (minimum one quart capacity) located within the driver's reach; D-.(4) evidence of insurance; (5) decal(s) required by this chapter; F—.(6) any other equipment required to comply with all federal and state motor vehicle laws; and 6 (7) any other special equipment that the Administrator determines to be necessary. 4-.(b) All courtesy vehicles and all equipment in the courtesy vehicles must comply with all applicable federal and state motor vehicle safety standards. 20 444-.(c) All temporary courtesy vehicles must comply with the requirements of this section and any other standards established by the Administrator. Sestio"ARTICLE VI. EnfGrGem *ENFORCEMENT. Ses#+enSEC. 8-4-.5-28. AuthGFIty +„ Insper AUTHORITY TO INSPECT. The Administrator may inspect a courtesy vehicle service operating at the Airport to determine whether the service complies with this chapter he Rules and Regulations or other applicable laws. SestianSEC. 8-2.5-29. , mGmal "f Evad-eAGe Gf Aat#erazatmonREMOVAL OF EVIDENCE OF AUTHORIZATION. When a holder's operating authority is suspended, revoked, or denied or whenever a vehicle fails to pass inspection, the Administrator may remove or require the surrender of all evidence of authorization as a holder or courtesy vehicle including, but not limited to, removal or surrender of operating authority ands decals. Ses lenSEC. 8- 5-30. AsslistanGe by ne.. m,ep+ .,f Publin SafetYASSISTANCE BY DEPARTMENT OF PUBLIC SAFETY. 4(a) Upon specific request of the Administrator, officers of the Department of Public Safety may assist the Administrator in the enforcement of the Rules and Regulations. 44-.(b) A Department of Public Safety officer, upon observing a violation of this chapter or the procedures established by the Administrator, may take necessary enforcement action. SeGtiGnSEC. 8-4.5-31. CGFFeGtIen GFde CORRECTION ORDER. -1-.(a) If the Administrator determines that a holder is in violation of the terms of the holder's operating authority, this chapter he Rules and Reg latieRs, a procedure established by the Administrator, a lawful order of the Administrator, or other law, the Administrator shall notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of time. In setting the time for correction, the Administrator shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation involves equipment that is unsafe or functioning improperly, the Administrator may order the holder to immediately cease use of the equipment. 44-.(b) If the Administrator determines that a violation is an imminent and serious threat to the public health or safety, the Administrator may order the holder to correct the violation immediately. If the holder fails to comply, the Administrator 21 shall promptly take or cause to be taken such action the Administrator considers necessary to enforce the order immediately. Wc) The Administrator shall include in a correction order issued under this section: A-.(1) identification of the violation; &(2) the date of issuance of the correction order; G-.(3) the time period within which the vio.lation must be corrected; D-.(4) a warning that failure to comply with the correction order may result in suspension or revocation of operating authority, imposition of a fine, or both; and a statement indicating that the correction order may be appealed to the ExeG Live DireGto CEO. SestionSEC. 8,rv.-5-32. Servmre ^f NGt"reSERVICE OF NOTICE. -14(a) A holder shall designate and maintain a representative to: I A-.(1) receive service of notice required under this chapterthe R les and RegulatiORG to be given a holder; and 9-.(2) serve notice required under this chapter he Rules and oegulatiORS to be given a driver employed by or contracting with a holder. 4.(b) Notice required under this chapter he Rules and Regulations shall be given in the following manner: A-.(1) a holder must be personally served with the notice in a manner established by the Administrator, including but not limited to, serving holder's designated representative or by certified United states mail, five- day return receipt requested, to the holder's designated representative; or 9-.(2) a driver operating under a holder's operating authority must be personally served by the Administrator, including but not limited to, serving holder's designated representative for the driver by certified United States mail, five-day return receipt requested. 4(c) A person operating in violation of these Rules andiegulatk nn this chapter, other than a driver or holder permitted under this chapter, may be personally served by the Administrator or by certified United states mail, five-day return receipt requested. 22 Service executed in accordance with this section constitutes notice to the person to whom the notice is addressed. The date of service for a notice that is mailed is the date of receipt. SestienSEC. 9-6:5-33. Appea4sAPPEALS. 4-.(a) If the Administrator denies issuance or renewal of operating authority, suspends or revokes operating authority, or issues a correction order, the action is final unless, within ten days from the date of receiving the written notice of the action, the affected applicant or holder files an appeal, in writing, with the EXeGutive Diron+n CEO specifying the reasons for the appeal. tl-.(b) The F=XeG tiVe DiFLn CEO shall establish an appeal hearing procedure that will give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the ruling shall be based on a preponderance of evidence presented at the hearing. 4(c) The decision rendered through the appeal hearing procedure is final. SestionSEC. 8-7-.5-34. GF11minal OftnsesCRIMINAL OFFENSES. �(a) A person commits an offense if the person violates or attempts to violate a provision of this chapter applicable to the person. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under this chapter Is punishable by imposition of a fine not to exceed the maximum allowable by law. 4-1-.(b) Prosecution for an offense ��ndeF subseGtinn (1) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. SestieeSEC. 941-.5-35. Administrative FinesADMINISTRATIVE FINES. �.(a) The Administrator or F=xesU ' CEO shall have the authority to levy an administrative fine against a holder, owner or driver who violates any provision of the Rules and Regulations. I th(b) The fines shall be �edpublished in the Schedule of e Charg , as amended. I 4())v Del ^Delinquent or r past due fines shall be cause for the Administrator or CEO to immediately suspend any permit, operating authority, or written authorization of any holder, owner, or driver until such fines are paid in full, or take any other legal action deemed necessary to recover delinquent or past due fines. 23 Chapter 8 Commercial Activities ARTICLE I. GENERAL COMMERCIAL ACTIVITIES. Sec. 8-1. 60liGitiRg.Commercial Activity Sec. 8-2. Advertising. Sec. 8-3. Commercial Photography and Moving.Picture Production. Sec. 8-4. News Racks. ARTICLE II. FOOD ESTABLISHMENTS. Sec. 8-11.8-5. Designation of Health Authority. Sec. ' State Regulations Adopted. Sec. 8-13.8-7. Definitions. Sec. 9-14. -8. Food Permits. Sec. 9-15:8-9. Inspections. Sec. 8-168-10. Food Manager Certification. Sec. 84-7--.8-11. Options. ARTICLE III. POOLS AND SPAS. n 8-20. P'�++,�.iG SWiFnMiRg Pool and Spa Permit Program Inspections ite' m;. Sec. 8-21.8-12. Designation of Health Authority. Sec. 8-22.8-13 State Regulations Adopted. Sec. 8-23.8-14. Definitions. Sec. Public Swimming Pool and Spa Permits. 1 Sec. 8-25.8-16. Inspections. Sec. 8 26 v-17. Public Pool/Spa Manager Certification. ARTICLE I. GENERAL COMMERCIAL ACTIVITIES. SEC. 8-1. SOLICI-TIC (a) P reap GWnFnits an offense if he selinits funds or a%4hing of value f9F anPUFPGsar � �of the Alrper without a p the Airport Board evnept as crn�^crrPvrrovara- cicvapazr� prime iderd in Ghapter 3, AQTIQ CC 111 and IV of he Ggde and, to the �entTeefr any ��r�tions outside he A irpnrt be rndaFies 7�rithe7 rt a n it from any eity (b) A p se if he sells or r sale any aFtinle er �pO�F,S^A,�R,�-,-891�}R��i}#fir-aFl--Aff2,}1�,.',yh �A�f£1'��f97�a,�, - - � Freer-Gt� Y^��,,,,,,�ose�^�on the- ,ett-tl without r � essienr OF fr.�nnhine from the A-c'rrrpeFt BeaFd. (G) A n ep npmmits .ten offense if he c.eliGi s rp or trade innlr di g jvTrrpe��vrrv�vmmr�vr-arrvrrcrrJ�c-rrrrc�vnv��T&n'y�l'siiYe�S��-a , tFanspeFtatien _per-sons er baggage for hire on the Airporriwithout a peFFnit, s.� n OF fFaRGhise from the A irperttgeard an dent of aRy OpeFations outside th�l�i-T7 GQundaFies We 17t a pTlY�rTTit e trrcamr0ihi.sen from any Git'ythFOUgti--YVhiGh-said hrc+-v "a '�rrt�.`i-".7vrrtFade iS WnducAed if lam4 illy rent doted by the erd-inannes of any sr rr+h r+itar /rl�hall he r rR'aVrf7 rI for a paFkinp eempany, offf_air�}^eft p�a}Ang�nOmp rr off- airpoFt al, rj!]pGe�, r a--seprcr-viGe Fela tad-lt lhe-stttr stoning 9 yehi�r to transport or offer to trenspnr its nr rstemers OF its er 7stemersr vehicles within the boundaries of the A irper without a permit Gonna lien er r r franchise from the Airport Qnarr1 SEC. 8-1. COMMERCIAL ACTIVITY. A person commits an offense if he conducts any commercial activity at the Airport without a permit, license, lease or other agreement with the Airport Board, except for the operation of aircraft. Commercial activity at the Airport includes the delivery of goods at the Airport for compensation (including rentals), the performance of services at the Airport for compensation, or the solicitation or facilitation of either type of business, regardless of how or where the solicitation or facilitation occurs. Commercial activity at the Airport specifically includes, but is not limited to, the transport of people or baggage from the Airport for compensation, and the transport of vehicles to or from the Airport for compensation. It also specifically includes the transport of people, baggage 2 I or vehicles to or from the Airport as a courtesy incidental to the parking business, the rental car business, or the hotel business. SEC. 8-2. ADVERTISING. A person commits an offense if he posts, distributes or displays any signs, advertisements, handbill, circular or printed or written matter of a commercial nature at the Airport or electronically advertises products or services available at the Airport without a concession or permit granted by the EX9G tiVe DiFe tofCEO. SEC. 8-3. COMMERCIAL PHOTOGRAPHY AND MOVING PICTURE PRODUCTION. (a) A person commits an offense if he takes still or motion pictures for commercial use or public exhibition, publication, or display on any portion of the Airport grounds without a permit. (b) A person commits an offense if he produces any motion picture, television program or commercial advertisement on any portion of the Airport grounds without a permit. (c) No permits are needed for the taking of still or motion pictures or videotaping by: (1) Airport users for personal non-commercial purposes; or (2) news media in covering news events or filming documentary productions at the Airport. (d) An application shall be submitted to the Exec 1tiVe D - +^AAirport Board at least five (5) business days in advance of the first day sought for photographic or other similar production, and shall include the following: (1)the full name and street address of the applicant; (2) the full name and street address of the organization sponsoring, conducting, or promoting the production; (3) whether the producing organization is a branch or division of a national organization and, if so, the name and street address thereof; (4) if the producing organization is a Texas corporation, a copy of its certificate of incorporation, as amended, shall be furnished; if it is a foreign corporation, a copy of its AutheFnzed Gcertificate to do business in the State of Texas shall accompany the application; 3 (5) the purpose of the production; (6) the date or dates and hours of the production; (7) the location(s) proposed for such production; and (8) the total number and size of production equipment required for the production and total number of personnel. (e) The permit will be issued within three (3) business days of receipt of the application; however, the permit application may be denied or a permit granted hereunder revoked if one or more of the statements in the application is found to be untrue. (f) Time, location and manner: When permits are granted, the following rules and standards will apply: (1) location: Permittees shall be escorted by Airport Board Personnel at all times and shall only be permitted to conduct the permitted activity in those locations specified in the permit. (2) Permits will be issued for a period of not more than thirty (30) days. (3) manner of operation: (aA) a person may not engage in such production unless he carries such permit granted under this section at all times while conducting production activities. (bB) a person conducting production activities hereunder shall, in that connection, obey all applicable state and federal laws and all applicable Rrules and Rregulations of the Inter„atiG,,l Airport Board. Unless specified in the permit, P-permittees will not be permitted to conduct the activity for which the permit is issued: ( ) in Airport roadways, ( ) inside airline gate departure lounges, (3iii) in areas restricted to airline or Airport personnel, (4iv) in restrooms, (6v) in premises leased to a concessionaire, 4 (6vi) in stairwells, staircases, elevators or escalators, (7vii) in baggage claim areas, or (8viii) in any area temporarily or permanently restricted for conducting or promoting the production. SEC. 8-4. NEWSRACKS. A person commits an offense if he sells or distributes any publication on the Airport premises by means of newspaper stand, racks or other similar devices, except by franchise, concession or permit granted by the EX9G Utiye Piro- Airport Board. ARTICLE II. FOOD ESTABLISHMENTS. SEC. 8-10. FOOD DR_f1TC/'T1Q3N AND CANITATION. This sentinn is intendedthe saledy IehelerJ feed; Health'sref-prenn-e the T-A-waas Board of "Texas ShMeRt fe P it fer opeFatiGR of fear- estahl�hments and by requiring fnnrl smanager neFtification in food saanktabor frem a dl sinnated health autharity SEC. 8-11..v-5. DESIGNATION OF HEALTH AUTHORITY. The Airport Board shall by resolution designate from time to time a health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function. SEC. 8-12 -6. STATE REGULATIONS ADOPTED. (a) The following statutory provisions are hereby adopted by reference: Texas Board of Health's "Texas Food Establishment Rules" 25 TAC sections 229.161-229.171, 229.173-229.175; Health and Safety Code, Chapter 431- "Texas Food, Drug and Cosmetic Act"; and Health and Safety Code Chapter 341-"Minimum Standards. of Sanitation and Health Protection." (b) A certified copy of each rule manual (above) shall be kept on file in the office of the Direster of Airport Concessions Departmer. . SEC. 8-13.8-7. DEFINITIONS. 5 All definitions in the "Texas Food Establishment Rules" are hereby incorporated by reference. In addition, the following definitions shall be understood. HEALTH AUTHORITY ^� oCr111 ATnoV ei IT14O ITY shall be understood to mean the representatives of any health department or health agency designated by the Airport Board to enforce the provisions herein by resolution of the Airport Board. SERVICE OF NOTICE shall mean a notice provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. OWNERSHIP OF BUSINESS shall FneaR the owner or opeFateF of the business. EaGh new business owneF OF epeFateF shall GGFRPIY With theSe Rules and Regulations. FOOD ESTABLISHMENT shall mean all places where food or drink are stored, sold, commercially prepared, or otherwise handled, whether offered for sale, given in exchange, or given away for use as food or furnished for human consumption. The location of commercially packaged single portion non-potentially hazardous snack items and wrapped candy sold over the counter, or by vending machine, is excluded. SEC. FOOD PERMITS. (a) Requirement: A person commits an offense if he operates a food establishment at the Airport without possessing a current and valid health permit issued by the health authority designated by resolution of the Airport Board. (b) Posting: A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued. (c) Non-transference (Change of ownership): Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business the new business owner will be required to meet current standards as defined herein and SfateTexaS law before a permit will be issued. (d) Multiple permits: A separate permit shall be required for every type food establishment and temporary food establishment whether situated in the same building or at a separate location..., €except that: (1) lounge operations located in the same building operating under the same liquor license will not require a separate permit unless potentially hazardous food is being served; and (2) establishments with minimal food handling involving limited preparation of potentially hazardous food (such as a snack bar) and under 6 common ownership may be grouped under one permit. All establishments with extensive food handling armor open potentially hazardous foods will be required to have a separate permit. (e) Suspension of permit: The health authority may suspend any permit to operate a food establishment if the operation of the establishment does not I comply with the requirements of these-Rules and Reguh3#qs sthis chapter, laws, or the operation of the food establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit, or the person in charge, shall be notified in writing that their permit may be suspended and that they are entitled to a hearing, if a request for hearing is made in writing to the authority within ten (10) days from the date the notice of suspension is received. If no written request for hearing is filed within ten (10) days, the permit will be suspended. The health authority may end the suspension any time if reasons for suspension no longer exist. When a permit is suspended, food service operations shall immediately cease. (f) Revocation of permit: The health authority may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the health authority in the performance of its duties. Prior to revocation, the health authority shall notify the holder of the permit, or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten (10) days following service of such notice unless a written request for a hearing is filed with the health authority by the holder of the permit within the ten (10) day period. If no written request for hearing is filed within the ten (10) days, revocation will be final. (g) Service of notices: Notices shall be served in accordance with SEG. 8-13,the definition of "service of notice", above. A copy of the notice shall be filed in I the records of the health authority and in the office of the I rGtGrMce President of Airport Concessions, or to such other person as may be designated by the Airport Board. (h) Hearings: The hearings provided for in these rules shall be conducted by the health authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the health authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the office of the DiFesteF of Airport Concessions Department and the holder of the permit, license, or certificate. (i) Right of appeal: Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the director of the health authority issuing the order being appealed. (j) Application after revocation: When a revocation of a permit has become final, the holder of the revoked permit may make written application to the health authority for a new permit. (k) Permit fees: Health permit fees, as established by the health authority, are due and payable directly to the health authority in the amounts and at the times specified by the health authority. SEC. 8-15.8-9. INSPECTIONS. (a) Pre-operational inspection: The health authority shall inspect any food establishment prior to its beginning operation to determine compliance with thr,u;esthis chapter. (b) On-going operations: The health authority shall be entitled to inspect any food establishment at any time without prior notice in order to determine compliance with these-P esthis chapter. SEC. 8-16 8-10. FOOD MANAGER CERTIFICATION. (a) Requirements: A person commits an offense if he operates a food establishment at the Airport without a manager, or person in charge, who possesses a valid and current food manager's certificate, or equivalent, approved by the health authority designated by resolution of the Airport Board. A certified manager, or person in charge, must be on duty during all hours of operation of any nonexempt food service establishment employing six (6) or more employees; provided that, only one certified manager, or person in charge, shall be required to be on duty during all hours of operation in each terminal building for food establishments under common ownership and operation. Only one certified manager, or person in charge, shall be required to be on duty during all hours of operation at each hotel. (b) Manager's certification: Upon written application and presentation of evidence of satisfactory completion of a food manager's course, equivalent training or examination as approved by the health authority, the health authority shall issue a food manager's certificate valid for three (3) years from the date of training or evaluation unless sooner revoked. Suspension or revocation of an establishment's health permit by the health authority shall constitute cause for revocation of that manager's certification. Whenever the food service operator holding the manager's certificate terminates employment, is terminated, or is transferred to another food establishment, the person owning, operating or managing the food establishment shall be allowed sixty (60) days from the date of termination or transfer of the certificate holder; to comply with this section. 8 (c) Exemptions from certificate requirement: Temporary food establishments and persons participating as volunteer food handlers performing charitable activities for periods of fourteen (14) days or less may be exempted from the requirement for manager's certificate. Exemptions are within the discretion of the health authority. SEC. 847.8-11. OPTIONS. Notwithstanding the provisions of SEC. 8-14(�'�d-S€C: 9 16(a),this chapter which provide for grouping of food establishments under one permit, and one certified manager for food establishments under common ownership and operation, each business owner shall have the option to waive the grouping provisions and obtain one permit for each food establishment or temporary food establishment, ands to maintain one certified manager, or person in charge, for each food establishment location. ARTICLE III. POOLS AND SPAS. SEC. 8-20. PUBLIC SWIMMING POOL AND SPA PERMIT PROGRAM INSPECTIONS INTENT Texas Minimum S-4-and-ards of RIE-8-11 -Rd Health PreteGtien Measures and Design SEC. 8-21 8-12. DESIGNATION OF HEALTH AUTHORITY. The Airport Board shall by resolution designate from time to time a health authority for the purpose of ensuring minimum standards of environmental health and sanitation within the scope of that department's function. SEC. 8-22.8-13. STATE REGULATIONS ADOPTED_ (a) The following statutory provisions are hereby adopted by reference: Texas Department of Health Minimum Standards of Sanitation and Health Protection Measures, Chapter 341, Subchapter D, Section 341.064 and Design Standards for Public Swimming Pool Construction, 25 TAC, Chapter 337, Section 337.71 through 337.96. (b) A certified copy of each rule manual (above) shall be kept on file in the office of the DiFeGt F of Airport Real EstateCommercial Development Department. SEC. 8-23.8-14. DEFINITIONS. 9 All definitions in the Texas Minimum Standards and Health Protection Measures and Design Standards for Public Swimming Pool Construction are hereby incorporated by reference. In addition, the following definitions shall be understood. HEALTH AUTHORITY ^r REGUI ATnov AUT14GRITY shall be understood to mean the representatives of any health department or health agency designated by the Airport Board to enforce the provisions herein by resolution of the Airport Board. SERVICE OF NOTICE provided for in these rules is properly served when it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the holder of the permit. OWNERSHIPBUSINESS eon the owner�peratcraateF ofthebusiness. CEaGh new business owner oF epeFateF shall GGMPIY with these Rules and RegulatioRs. PUBLIC SWIMMING POOL shall mean an artificial body of water, including a spa, maintained expressly for public recreational purposes, swimming and similar aquatic sports or therapeutic purposes. SEC. A-2.4 -15. PUBLIC SWIMMING POOL AND SPA PERMITS. (a) Requirement: A person commits an offense if he operates a public swimming pool armor public spa at the Airport without possessing a current and valid health permit issued by the health authority designated by resolution of the Airport Board. (b) Posting: A valid permit shall be posted in public view in a conspicuous place at the public swimming pool ands public spa. (c) Non-transference (Change of ownership): Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business the new business owner will be required to meet current standards as defined herein and State law before a permit will be issued. (d) Separate permits: A separate permit shall be required for every public swimming pool ands public spa, whether situated in the same building or at a separate location. (e) Suspension of permit: The health authority may suspend any permit to operate a public swimming pool armor public spa if the operation of the establishment does not comply with the requirements of these Rules and Regulationsthis chapter, St3teTexas laws or the operation of the establishment otherwise constitutes an imminent health hazard. Before a permit is suspended, the holder of the permit or the person in charge, shall be 10 notified in writing that their permit may be suspended and that they are entitled to a hearing if a request for hearing is made in writing to the authority within ten (10) days from the date the notice of suspension is received. If no written request for hearing is filed within ten (10) days, the permit will be suspended. The health authority may end the suspension any time if reasons for suspension no longer exist. When a permit is suspended, use of the public swimming pool armor public spa shall immediately cease. (f) Revocation of permit: The health authority may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the health authority in the performance of its duties. Prior to revocation, the health authority shall notify the holder of the permit, or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten (10) days following service of such notice unless a written request for a hearing is filed with the health authority by the holder of the permit within the ten (10) day period. If no written request for hearing is filed within the ten (10) days, revocation will be final. (g) Service of Notices: Notices shall be served in accordance with,, SSEvBc3 the definition of"service of notice"; above. A copy of the notice shall be filed in the records of the health authority and in the office of the DifeGtGrVice President of ^ ^^'t Real EstateCommercial Development, or to such other person as may be designated by the Airport Board. (h) Hearings: The hearings provided for in these rules shall be conducted by the health authority at a time and place designated by it. Based upon the recorded evidence of such hearings, the health authority shall make a final finding, and shall sustain, modify or rescind any notice or order considered in the hearing. A written report of the hearing decision shall be furnished to the office of the D#esterVice President of Airport—Real EstateCommercial Development and the holder of the permit, license, or certificate. (i) Right of appeal: Any permit holder who wishes to dispute the decision of a hearing may appeal the decision to the director of the health authority issuing the order being appealed. 0) Application after revocation: When a revocation of a permit has become final, the holder of the revoked permit may make written application to the health authority for a new permit. (k) Permit fees: Health permit fees, as established by the health authority, are due and payable directly to the health authority in the amounts and at the times specified by the health authority. SEC. 8-25.8-16. INSPECTIONS. 11 (a) Pre-operational inspection: The health authority shall inspect any public swimming pool and public spa prior to its beginning operation to determine compliance with these rules. (b) On-going operations: The health authority shall be entitled to inspect any public swimming pool and4F public spa at any time without prior notice in order to determine compliance with these rules. SEC. 2-265 8-17. PUBLIC POOL/SPA MANAGER CERTIFICATION. (a) Requirement: A person commits an offense if he operates a public swimming pool and/or spa at the Airport without a manager or person in charge, who possesses a valid and current pool/spa manager's certificate or equivalent, approved by the health authority designated by resolution of the Airport Board. Pool armor spa managers shall have at least one certified pool manager employed to maintain the pools/spas per location. (b) Manager's certification: Upon written application and presentation of evidence of satisfactory completion of a pool/spa manager's course, equivalent training or examination as approved by the health authority, the health authority shall issue a pool/spa manager's certificate valid for one (1) year from the date of training or evaluation unless sooner revoked. Suspension or revocation of an establishment's health permit by the health authority shall constitute cause for revocation of that manager's certification. Whenever the public pool/spa manager holding the certificate terminates employment or is terminated or transferred, the business shall be allowed sixty (60) days from this termination or transfer date to provide a new certificate holder. (c) This requirement is applicable even if pool maintenance operations are contracted to an outside company. 12