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Home My WebLink AboutORD 1987-021 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 8 7-21 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AP- PROVING RESOLUTION NO. 87-036, ADOPTED BY THE DALLAS- FORT WORTH INTERNATIONAL AIRPORT BOARD ON FEBRUARY 19, 1987, AMENDING SECTION 4A, 17 AND 21 OF CHAPTER THREE OF THE CODE OF RULES AND REGULATIONS OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD (ADOPTED BY RESOLUTION NO. 71-172), AS AMENDED, BY PROVIDING THAT CERTAIN CONDUCT MUST BE �>� "KNOWINGLY" PERFORMED BEFORE IT VIOLATES CERTAIN RULES: PROVIDING FOR ISSUANCE OF INTERINT PERMITS PENDING APPEAL OF PERMIT DENIALS; DELETING THE RE- „�; QUIREMENT THAT A PERSON MUST STATE HIS INTENT TO SOLICIT FUNDS BEFORE DISTRIBUTING LITERATURE; AMEND- ING CHAPTER III, DMSION 2, SECTION 3-40, SUBSECTION (d) OF THE CODE OF ORDINANCES OF THE CITY OF GRAPEVINE TO REFLECT THE AMENDMENTS TO THE CODE OF RULES AND REGULATIONS OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTNE DATE WHEREAS, Section 8.F of the 1968 Contract and Agreement, as amended, between the City of Dallas, Texas, and the City of Fort Worth, 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 Two Hundred Dollar ($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, provided that such orders ��,� by the Dallas-Fort Worth International Airport Board shall become effective only upon approval of the City Council of the City of Grapevine and proper publication; and WHEREAS, pursuant to the foregoing, the Dallas-Fort Worth International Airport Board, on October 5, 1971, passed, approved, and ordered Resolution No. 71-172, adopting the 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 establishes certain procedures for the adoption of additional rules, regulations and orders; and WHEREAS, in accordance with Section 3 of Chapter Five of the Code of Rules and ftegulations of the Dallas-Fort Worth International Airport Board, the Airport Board has requested that the City Council of the City of Grapevine approve its Resolution No. 87-036 in order that it may become effective as stated by law and in the code of the Airport Board. WHEREAS, the City Council of the City of Grapevine finds and determines the health, safety, morals and general welfare of the citizens of the City of Grapevine would be best served by the approval of Resolution No. 87- 036 of the Airport Board and by the amendment of the Code of Ordinances of �,�� the City of Grapevine to reflect the changes adopted in Resolution No. 87-036. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: 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. 87-036 of the Dallas-Fort Worth International Airport Board, a duly certified copy of which is attached hereto as Exhibit "A" and made a part of this ordinance by reference, is hereby approved. Section 3. That Chapter III, Division 2, Section 3-40, Subsection (d) of the Code of Ordinances of the City of Grapevine, Texas containing the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board is hereby amended in the following particulars and all other existing sections, subsections, paragraphs, sentences, definitions, phrases and words of said City Code are not amended, but shall remain intact and are hereby ratified, verified and affirmed: A. That Section 17, "Noise" of Chapter Three, entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, is amended to read as follows: "�Y "It shall be unlawful for any person to knowingly make un- reasonably loud and raucous noises, considering the location, inside terminals or other Airport buildings." ww...� B. That Section 21, "Obstruction of Passage" of Chapter Three entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas- Fort Worth International Airport Board is amended to read as follows: "It shall be unlawful for any person to knowingly obstruct the free passage of persons along Airport sidewalks or into, out of, or within Airport buildings." C. That paragraph 5 of Section 4A, "Standards for Fund Solicitation and Distribution of Literature" of Chapter Three, entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport, is amended to read as follows: Appeal of Permit Denial or ftevocations: When an application for a permit hereunder is refused or revoked, the Director will, within five (5) days of the denial, excluding Saturdays, Sundays and legal holidays, furnish the Applicant a written explanation of the reason for the denial or revocation. Within five (5) days of receipt of the explanation, the Applicant may submit a written request to the Executive Director that the Board seek a judicial determination ,�.,,w that the Permit was properly denied or revoked. Within five (5) days following receipt of such request excluding Saturdays, Sundays and legal holidays, the Board must apply to either the United States District Court for the Northern District of Texas or the appropriate Texas District Court for a judicial determination that the application was properly denied or revoked. The Board has the burden of showing that the Application was properly denied or that the Permit was properly revoked. Upon a judicial determination, an interim permit will be issued and continue in force pending any appeal. If the issue for judicial determination is not heard and decided on the merits by the Court or otherwise mutually agreed upon by the parties within ten (10) days after the complaint or petition is filed, then an Interim Permit shall be deemed issued under this section by operation of law, and all activities proposed to be carried on in the Application for the original Permit may be carried on as if the original Permit had been issued, subject to the same restrictions and obligations under this Ordinance as other permitted activities. The Interim Permit shall be valid pending a decision in the district court, and any appeal thereof. It shall be a defense to a charge of solicit- ing or distributing literature without a permit that an appeal or judicial determination hereunder is pending. ,�.�„ D. That paragraph 4(e)(bb) of Section 4A, "Standards for Fund Solicitation and Distribution of Literature" of Chapter Three, entitled "Personal Conduct"of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board is hereby deleted and paragraph 4(c)(cc) of that same Section and Chapter is hereby renumbered to become 4(c)(bb). Section 4. That after publication of a substantive statement relating to the contents of Resolution No. 8?-036 of the Dallas-Fort Worth International Airport Board in a newspaper of general circulation in each of the counties of Dallas and Tarrant, stating that a breach of any provision of Resolution No. 87- 036 will subject the violator to a penalty, and stating that the full text of Resolution No. 87-036 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. 87-036 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 Grapevine would have in the City of Grapevine, and the penalty shall be enforced in the same manner in which penalties prescribed by other ordinances of the City of Grapevine are enforced. 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. 87-036 shall be deemed ,�--� guilty of a misdemeanor and upon conviction thereof shall be subject to a fine in a sum not to exceed Two Hundred Dollars ($200.00) for each offense and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 6. That the sections, paragraphs, sentences, clauses, and phrases of this Ordinance and Resolution No. 87-036 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 or Resolution No. 87-036, since the same would have been enacted without the incorporation of any unconstitutional phrase, clause, sentence, paragraph or section. Section 7. The fact that the present ordinances and regulations of the City of Grapevine, Texas, do not adequately regulate conduct at the Dallas-Fort Worth International Airport and are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of public business, property, health, safety and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED this 5 th day of Ma , 1987. ��. � Mayor, City of rapevine, Texa� ATTEST: City S cretary, Ci y o apevine, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of Gr evine, exas � EXHIBIT "A" TO ORDINANCE NO. 87-21 .� , RESOLUTION NO. 8'7_036 r A Resolution of the Dallas-Fori Worth International Airport Board amending Sections 4A, ,�,;;,.. I7 and 21 of Chapter 7hree, entitled "Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, as amended, providing ^knowingly" as a description of certain conduct which will violate certain rules; providing Sor issuance oi interim permits pending appeal of permit denials; deleting the "�' requirement that a person soliciting funds state his intent io do so before distributing literature; providing a penalty not to exceed $200.00; providing an effective date. u'HEREAS, it 'is the desire and pvrpose of ihe Dallas-Fort Worth International Airport Board to protect the rights of persons engaging in the solicitation of funds and d'+stribution of literature on Airport premises and to protect the public and users of the Airport from unreasonable interference with their use of the Airport's terminals; NOw, THEREFORE, BE IT RESOLYED BY THE DaLLAS-FORT wORTH INTERNATIONAL AIRPORT BOARD: SECTION 1. That Section 17, ^Noise", of Chapter Three entitled ^Personal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board is amended .to read as follows (underIined language is new): "It shall be unlawful for any person to knowin�l}� make unreasonably loud and raucous noises, consioering the Jo�ation, inside terminals or other Airport buildings." "� SECTION 2. That Section 21, "Obstruction of Passage" of Chapter Three entitled "Persona! Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worth �. lnternational Airport Board is amende� to read as follows (underlined language is new): "1t shalI be unlawful fo: any person to knowin�ly obstruct the free passage of persons along Airport sidewalks or into, out of, or within Airport buildings." S�CTJON 3. T�,at paragraph S of Section 4A, "S:andards for Fund Solicitation and Distribution of Literature" of Chapte: Three, entitled "Pe:sonal Conduct" of the Code of Rules and Regulations of the Dallas-Fort Worih International Airport Board, is amended to read as follows (underlined language is new, interlineations indicate deletions): _ Appeal of Permit Denial or Revocations: u'hen an ap;,:ication for a permit hereunder is refused or revoked, the Director will, wizhin five (S) days of the denial, excluding Saturda�s, Sundays and lEoal ho?idavs, fu:nish the .�pplicant a v.�riiten explanation of the reason�f or the denial or revoca:ior.. u�ithin five (5) days oi receipt of the explanation, the Applicant may submit a written request to - the Executive Director ihat the Board seek a judicial w� , � ' , determination that the Permit was properly denied or revoked. Within five (S) days follcwing receipt of such r�quest, excluding Saturdays, Sundays and legal holidays, the Board must apply io either the United States District Court for the Northern District of Texas or the apprepriate Texas District Court f or a judicial determination that the ��° application was properly denied or revoked. The Board has the burden oi showing that the Application waS properly denied or that the Permit was properly revoked. Upon a judicial determination, an interim permit will be issued and continue in force pending any a�peal. If the issue for judicial determination is not heard and decided on the merits by the Court or otherwise mutually agreed upon by the parzies within ten (10) days after the complaint or petition is filed, then an lnterim Permit stiall be deemed issued under ihis section by operation of law, and all activities proposed to be carried on in the Application f or the original Permit may be carried �n as if the original Permit had been issued, subject to the same restrictions and obligations under this Ordinance as other permitted activities. The Interim Permit�shall be valid pendin� a decision in the district court. and anv appeal thereof. d�� a ��fa� de�efr��a�eR F�as �eeA r�a�eT �# e:��ef �aF=y � a��ea�s �ba� ��=za� �e�eRr��a�er� ��e �{e�r� PeFrfl� s�a?� eeR�be �e be va� �dr�g {�a� aR� a�y s��se�deA= a��ea�. lt shall be a defense to a charge of soliciting or distributing literature without a permit :!�at an appeal or judicial determination hereunder is pending. ��x=� SECTION 4. That paragraph 4(cXbb) of Section 4A, "Standards for Fund Solicitation and Distribution of Literature" of Chapter Three, entitled "Personal Conduct" of the Code of Rules and Regulations of ihe Dallas-Fort �'orth International Airport Boaro is '�`°� he:eby deleted and parap�r"aph 4(cXcc) of tha► same Section and Chapter is he.►eby renumDered to become 4(cXbb). ScCTION 5. If any segment of this Resolution shall be declared unconstitutiona! by the valid judgment or decree of any cou;t of competent jurisdiction, su�h unconstitutionality stiall not affect any of the remaining se�ments of this ResoJution since the same wo::ld have been enacted wizhout the incorporation in this Resolution of any such unconstitutional segment. Further, the passage of this Resol�tion s�all in n� manne* affect any othe- provisions of the Code of Rules and Regulations of the D�llas- rort 1�%orth International Airport Bo�rd, and all such other provisions snall remain in full f orce and eff ect. � SLCTION 6. That violation of anv p,-ovision o� this Resolution, where an act or iaiiure to act is made unlawful or otherwise pronibited, shall be punisha�le by a iine not ►o exceed Two 'rlundred ($200.00) Dolla�s and eacn cay a vioi�iion continues shall cor.s�itute a separate offense; provided, howeve:, whe:e ihe offe�se is one for wnich a pena!�y is iixed by a superior law, the latter shall govern. � -2- � � , _ .. ;. , ,, SECTION 7. This Resolution sttiall become effective upon approval by the City � Councils of the Cities of Dallas and Fort Worth, and after publication of a substantive statement thereoi in a newspaper of general circulation in each of the Counties of Dallas � and Tarrant. Such �otice shall state that a breach hereof will subje�t ihe violator to the infliction cf a penalty and shall state that the full text of this Resolution is on file in the principal office of the Board where the same may be read by any interested parts. PASSED, APPROVED AND ORDERED this��ay of yg�. ��< �r,/ � Department Director Execuiive Dtrector � APPROVED AS TO FORM: �� ' � � _�� , , _. Director of Flnance —._ Legal Counsel 4D-fi7 �:., THE STATE OF TEXAS COUNT.1(. OF. TARRANT. � I. RUTH HOWARD� City Secretary of the City of Fort Worth, Texas, do her by ertify that the above nd for oi� i� �� ,, a true and correct copy of F-r ' .i � � �� duly presented and ac�c�ted by the City Cour�cil oi tf� i y of -ori Vvorth, Tex , a a egular sion helcl on the day of i 1 � ' , F•D. 15 , a same appe:rs of t'ecord in , i R-i,�� ' � z/ //—`'�%� i�;SS MY H�k�N � ��d the Gri;cial Se�.,l,ofi � City oi Fort Worth, Texas, this the__1'L=— ay of �/i..'�...�i A,D. 19�. .. � � :'y'� �f� . ity �ecrc�a!;• ct ..... � City of For; �Vcr'!�. . : � -3- . • . �