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Home My WebLink AboutOrdinance 11250r~ ORDINANCE NO. e~ v AN ORDINANCE OF THE CITY OF FORT WORTH, TEXAS, APPROVING RESOLUTION NO. 92-12-259 ADOPTED BY THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD ON DECEMBER 3, 1992, ADDING A NEW SECTION 18 TO CHAPTER THREE OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD, AS AMENDED, TO BAN SMORING IN PUBLIC AREAS OF DFW AIRPORT'S PASSENGER TERMINALS; PROVIDING A PENALTY NOT TO EXCEED $200.00; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 8.F. of the 1968 Contract and Agreement, as amended, between the City of Fort Worth, Texas, 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 a $200.00 fine; and WHEREAS, Article 46d-14, Revised Civil Statutes of Texas, 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 Dallas and Fort Worth and proper publication; and WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport Board, on May 2, 1988, passed, approved and ordered Resolution No. 88-111, adopting the recodified 1988 Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, which regulates traffic, travel and conduct within the Dallas-Fort Worth International Airport and fi~~"ie~ CITY S~CRf~'ARY ~T. WO~T~, TAX. certain procedures for the adoption of additional rules, regula- tions and orders; and WHEREAS, in accordance with Section 4 of Chapter Ten of the said Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, the Airport Board has requested that the city councils of the Cities of Dallas and Fort Worth approve its Resolution No. 92-12-259 in order that it may become effective as stated by law and in the Code of the Airport Board; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF FORT WORTH; SECTION 1. That all of the declarations and findings contained in the preambles of this ordinance are made a part hereof and shall be fully effective as a part of the ordained subject matter of this ordinance. SECTION 2. That Resolution No. 92-12-259 of the Dallas-Fort Worth International Airport Board, a copy of which is attached hereto as Exhibit "A" and 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. 92-12-259 of the Dallas-Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Tarrant and Dallas, stating -2 - Of FICIAL RECO;RO CIiY SEC~~T~RY Fr, wa~~~, rEx. j c.. ~ v that a breach of any provision of Resolution No. 92-12-259 will subject the violator to a penalty and stating that the full text of Resolution No. 92-12-259 and any attachments to it are on file in the principal office of the Airport Board to be read by any interested party, Resolution No. 92-12-259 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 pen- alties 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 and Resolution No. 92-12-259 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 unconstitu- tionality or invalidity shall no affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance or Resolution No. 92-12-259, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5. That this ordinance shall take effect immediately from and after its passage and publication as required by law, and in _3_ O~fIGIAI. RECORD CITY SECRETARY FT. WORTH, Tlat. r: .~ 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: City Attorney Date: ~' a-"1. "' 13 ADOPTED: EFFECTIVE: oZ vZ -4- oFFicuu m~coeo CITY SECRETARY FT. WORTN, TEX~ s9AS,1'ER FILE+ZI,_ ACCOUNTING 2 TRANSPORTATION~PU9LIC WORKS. City of Fort worth, Texas NITER AOMINISIRuy~,, a~~d Cou~,cil Communicati~~n ~,~.~ TE REFERENCE NUMBER LOG NAME PAGE 02/02/93 G-10030 12DFWSMK i of 2 I SUBJECT I AMENDMENT TO DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD RULES AND I REGULATIONS TO BAN SMOKING IN PUBLIC AREAS OF DFW AIRPORT PASSENGER TERMINALS I RECOMMENDATION: It is recommended that the City Council adopt the attached ordinance approving Resolution No. 92-12-259 of the Dallas-Fort Worth International Airport Board, which adds anew Section 18 to Chapter 3 of the Code of Rules and Regulations of the Dallas- Fort Worth International Airport Board to ban smoking in public areas of DFW Airport's passenger terminals. DISCUSSION: Amendments to the DFW Airport Board Code of Rules and Regulations (the "Code") require approval by the City Councils of Fort Worth and Dallas before they become effective. On December 3, 1992, the Airport Board passed a resolution amending the Code to ban smoking in public areas of DFW Airport passenger terminals. Council approval of that amendment is now requested. In 1989, the Dallas/Fort Worth International Airport Board passed a resolution requiring that its tenants in DFW Airport terminals designate smoking areas and post signs saying that smoking was allowed only in those designated smoking areas. This was done primarily because of growing concerns over the effects of second-hand smoke. The Board felt that some protection could be afforded non-smokers by designating separate smoking areas in the terminals. For the last three years, however, Airport staff have received hundreds of complaints from the traveling public about smoking in the terminals. The primary complaint is that the smoke from the designated smoking areas migrates through the entire terminal causing an irritant to the non-smoking traveling public. The primary cause of the smoke drifting from the designated smoking areas to the non-smoking areas is the design of the terminals. This linear, narrow design facilitates migration of the smoke through the terminals with little real possibility of containment. Airport staff have looked at a variety of ways of containing the smoke; adjusting terminal ventilation, for example, has not helped. Other solutions have likewise been examined. All likely solutions are very expensive with little assurance•of effectiveness. Approximately 85 percent of DFW's passengers are non-smoking. The small minority who do smoke will, if smoking is banned, have easy and quick access to smoking areas on the sidewalks immediately adjacent all terminal entrances and exits. These areas are mere seconds away from any arrival and departure lounge and have benches and overhangs to protect them from the weather. The airlines and concessionaires at DFW have agreed that a ban on smoking is the best solution to the problem. Airport staff has checked with several other airports that have no smoking bans and found there to be no problem with enforcement. OfF'ICIAi. RECORD fT. WORTN, TEX. Printed on recycled paper City of Fort Worth, Texas Mayor and Council Communication DATE REFERENCE NUMBER LOG NAME PAGE 02/02/93 G-10030 12DFWSMK 2 of 2 SUBJECT AMENDMENT TO DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD RULES AND REGULATIONS TO BAN SMOKING IN PUBLIC AREAS OF DFW AIRPORT PASSENGER TERMINALS The ban will not apply to private clubs within the terminals. These few areas are enclosed and not accessible to the general public. Smoking i.n such club facilities will be controlled by the tenant operating the club, such as American Airlines or Delta Airlines. Congressman Richard J. Durbin, who was largely responsible for the smoking ban on commercial flights within the United States recently stated in a letter to the Dallas/Fort Worth Airport Board that the "Environmental Protection Agency will soon complete the process of formally classifying second-hand smoke as a Group A carcinogen, the same category used for toxic substances such as asbestos, benzene, and arsenic." The proposed smoking ban is in keeping with the Board's concern that the majority of the traveling public at DFW be protected from the effects of second-hand smoke. Attached is the proposed ordinance which incorporates Resolution No. 92-12-259, adopted by the Gallas-Fort Worth International Airport Board on December 3, 1992, and the amendment approved by the Board. FISCAL INFORMATION/CERTIFICATION: The recommended action does not involve the expenditure of funds by the City of Fort Worth. WA:j Submitte for Cit~i Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY Office by to APPR Mike Groomer 6140 OVED Originating Department Head CITY C Q U N CIL Wade Adkins 7623 rom ~~ Q ~59~ pted Qrdinance No..~1 For Additional ,Information / ~~ Ci4,eec.e.,~ „ Contact City Serretaisy at thg Cit of Fort Worth T Wade Adkins 7623 y , o~~n -~~~ Printed on recycled paper