HomeMy WebLinkAboutORD 1987-005 CITY OF GRAPEVINE, TEXAS
ORDINANCE NO. 87-05
AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS AP-
PROVING RESOLUTION NO. 86-272, ADOPTED BY THE DALLAS-
FORT WORTH INTERNATIONAL AIRPORT BOARD ON DE-
CEMBER 2, 1986, AIVIENDING SECTION 4A OF CHAPTER THREE
OF THE CODE O� RULES AND REGULATIONS OF THE DALLAS-
FORT WORTH INTERNATIONAL AIRPORT BOARD (ADOPTED
BY RESOLUTION NO. 71-172), AS AMENDED, BY ADDING A
�'°�`' PARAGRAPH 4(dd); PROVIDING CERTAIN TERMINAL LOCA-
TIONS AT WHICH TABLES MAY BE PLACED FOR SOLICITAT;:J�;
OF FUNDS AND DISTRIBUTION OF LITERATURE; PROVIDING
TERMS GOVERNING THE USE AND PLACEMENT OF THOSE
TABLES; AMENDING CHAPTER III, DNISION 2, SECTION 3-40,
SUBSECTION (d) OF THE CODE OF ORDINANCES OF THE CITY
OF GRAPEVINE TO REFLECT THE A�ENDMENTS TO THE CODE
OF RULES AND REGULATIONS OF THE DALLAS-FORT WORTH
INTERNATIONAL AIR.PORT BOARD; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO HUNDKED 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 SEVER-
ABILITY CLAUSE; DECLARING AN EMERGENCY AND PRO-
VIDING AN EFFECTIVE 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 ariy rule or regulation not to exceed a Two Hundred
Dollar ($200.00) fine; and
WHEREAS, 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 as required for the enforcement of said rules and regulations; 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, the Airport Board has requested that the City Council of the
City of Grapevine approve its Resolution No. 86-272 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. 86-
272 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. 86-272.
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. 86-272 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 4A, entitled "Standards for Fund So-
licitation 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 amended by
adding the following paragraph (dd) to Section 4A(4)(c) entitled
"Manner of Operation":
"(dd) Solicitation of funds and distribution of literature may be
conducted from tables at the following terms:
��
l. Locations:
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(a) Terminal 2W
(i) Inside security, in front of wall between column lines 70
and 71 opposite vending machines between Gates 12 and 13.
(ii) Inside security, in front of wall opposite newstand
between Gates 4 and 5.
(iii) Outside security, in front of wall in A-2 entryway on
which Ground Transportation board is located; provided, however,
that no table may be placed in front of the Ground Transportation
board itself.
(b) Terminal 2E
(i) Inside security, in alcove between Gates 7 and 8.
(c) Terminal 3E
(i) Outside security, in front of glass wall between A-2
escalator entrance and telephones.
�'� (ii) Outside security, in front of glass wall between A-4
escalator entrance and telephones.
(iii) Outside security, in front of glass wall between B-2
escalator entrance and telephones.
(iv) Outside security, in front of glass wall between B-4
escalator entrance and telephones.
(d) Terminal 4E
(i) Inside security, in front of windows between Gate 3 exit
and telephones.
(ii) Inside security, in alcove opposite flight information
display monitors between Gates 8 and 9.
(iii) Inside security, in front of wall across from lockers and
restrooms between Gates 18 and 19.
(2) Terms
(a) No permittee may have more than one table at a time at
any one of the locations described above.
�
(b) No person soliciting funds or distributing literature from a
table shall leave the table unattended. A table shall be deemed
unattended if it is outside the view of the person or persons
authorized by permit to set up the table.
(c) Tables permitted hereunder shall not be more than three (3)
feet in length or three (3) feet in width. When erected, the longer
sides of the table shall be aligned parallel to the hallway or
concourse in which the table is located. A table placed at the
locations described in 4(dd)(a)(i) and (ii), (b)(ii), (c)(i), (ii), (iii), and
(iv), and (d)(i) and (iii) shall be placed no more than two (2) feet
from the wall in front of which it i permitted to be located. A
table placed at the locations described in 4(dd)(b)(i) and (d)(ii) shall
extend no more than one (1) foot into the concourse from the
alcove in which it is permitted to be placed.
(d) Placement of tables at the locations herein permitted shall
be on a first come first served basis each day. At locations large
enough to accommodate more than one table under these rules, a
permittee shall arrange its table, when requested by another
permittee, so as to allow the other permittee to also place a table
�,,w,:.
at the location.
(e) Tables permitted hereunder shall have legs capable of being
folded under or removed from the table surface and shall be folded
or removed while being transported through any terminal building.
(f) Placement of tables hereunder is subject to Section 21 of
Chapter Three of the Code of Rules and Regulations of the Dallas-
Fort Worth International Airport Board."
B. That Section 18, "Tables and Chairs" 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:
"Except as provided in subsection (4)(c)(dd) of Section 4A of this
Code of Rules and Regulations, it shall be unlawful for any person
to place a table, bench, chair, stool or similar structure on Airport
premises not otherwise exclusively leased to that person by the
Airport Board for commercial or traveler's aid purposes."
Section 4. That after publication of a substantive statement relating to
the contents of Resolution No. 86-272 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. 86-
''�'�' 272 will subject the violator to a penalty, and stating that the full text of
Resolution No. 86-272 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.
86-272 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 violating any of the provisions of this ordinance
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. 86-272 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. 86-272, since the same would have been enacted without the
incorporation of any unconstitutional phrase, clause, sentence, paragraph or
,�a,:,.
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
requ�res that this ordinance become effective from and after the date of its
passage and it is accordingly so ordained.
PASSED AND APPROVED this 3rd day of g���y , 1��7.
�i�����/
Mayor, City of Grapevine, Tex:�s
ATTEST:
�.�,.,m
City Secretary, Ci y of Grapevine, exas
[SEAL]
APPROVED AS TO FORM:
City Attorney, City of Grapevine, Texas
�.,.
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EXHIBIT "A" TO
ORDINANCE NO . 87-05
� -
EXHIBIT A
,�••.-n RESOLUTION NO. 86-272
,�, A Resolution of the Dallas-Fort Worth International Airport Board amending Resolution
No. 71-172 entitled "The Code of Rules and Regulations of the Dallas-Fort Worth
International Airport Board", as amended, by adding a paragraph 4(dd); providing certain
terminal lxations at which tables may be placed for solicitation of funds and distribution
of literature; providing terms governing the use and placement of those tables; providing
a pentalty not to excced $200.00; providing an effective date.
WHEREAS, it is the desire and purpose of the Dallas-Fort Worth International Airport
Board to protect the rights of persons engaging in the solicitation of funds and
distribution of literature on Airport premises and to protect the public and users of the
Airport from unreasonable interference with their passage through the Airport's
terminals; and
WHEREAS, the Airport Board has identified certain terminal locations where tables can
normally be placed for solictation of funds and distribution of literature without
unreasonably interfering with the passage of the public through those terminals;
NOW, THEREFORE, BE IT RESOLVED BY THE DALLAS-FORT WORTH
INTERNATIONAL AIRPORT BOARD;
�'""� SECTION 1. That Section 4A, entitled"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 amended by adding
the following paragraph 4(dd):
(dd) Solicitation of funds and distribution of literature may be conducted from tables at
the following terms:
1. Locations:
(a) Terminal2W
(i) Inside security, in front of wall between column lines
70 and 71 opposite vending machines between Gates 12 and 13.
(ii) Inside security, in front of wall opposite newstand
between gates 4 and S.
(iii) Outside security, in front of wall in A-2 entryway
on which Ground Transportation board is located;
provided, however, that no table may be placed in
� front of the Ground Transpo�tation board itself.
Page 1
(b) Terminal2E
�
(i) Inside security, in alcove between gates 7 and S.
� (c) Terminal3E � �
(i) Outside security, in front of glass wall between A-2
escalator entrance and telephones.
(ii) Outside security, in front of glass wall between A-4
escalator entrance and telephones.
(iii) Outside security, in front of glass wall between B-2
escalator entrance and telephones.
(iv) Outside security, in front of glass wall between B-k
escalator entrance and telephones.
(d) Terminal4E
.
�
(i) Inside security, in front of windows between Gate 3
exit and telephones.
� (ii) Inside security, in alcove opposite flight information
display monitors between Gates 8 and 9.
�
(iii) Inside security, in front of wall across from lockers
and restrooms between Gates 18 and 19.
(2) Terms
(a) No permittee may have more than one table at a time at any one of
the locations described above.
(b) No person soliciting funds or distributing literaure from a table
shall leave the table unattended. A table shall be deemed unattended
if it is outside the view of the person or persons authorized by
permit to set up the table.
(c) Tables permitted hereunder shall not be more than three (3) feet
in length or three (3) feet in width. When erected, the longer sides
of the table shall be alligned parallel to the hallway or concourse
in which the table is located. A table placed at the locations
described in 4(dd) (a) (i) and (ii), (b) (ii), (c) (i), (ii), (iii),
and (iv), and (d) (i) and (iii) shall be placed no more than two (2)
feet from the wall in front of which it is permitted to be lxated.
A table placed at the locations described in 4(dd) (b) (i) and (d) (ii)
shall extend no more than one (1) foot into the concourse from the
alcove in which it is permitted to be placed.
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Page 2
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(d) Placement of tables at the locations herein permitted shall be on a
first come first served basis each day. At locations large enough
�� to accommodate more than one table under these rules, a permittee .
shall arrange its table, when requested by another permittee, so as
to allow the other permittee to also place a table at the location.
(e) Tables permitted hereunder shall have legs capable of being folded under
or removed from the table surface and shall be folded or removed
while being transported throught any terminal building.
(f) Placement of tables hereunder is subject to Section 21 of Chapter Three
of the Code of Rules and Regulations of the Dallas-Fort Worth
International Airport Board.
SECTION 2. That Section 18, "Tables and Chairs" 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 (underlining indicates amending language):
SECTION 18. TABLES AND CHAIRS
�,. .. Exce t as rovided in Section 4(dd) of Cha ter 4A of this Code of
ules and Regulations, it shall be unlawful for any person to place a -
table, bench, chair, stool or similar structure on Airport premises not
'�3°� otherwise exclusively leased to that person by the Airport Board for
commercial or traveler's aid purposes.
SECTION 3. If any segment of this Resolution shall be declared unconsitutional by the
valid judgment or decree of any court of competent jurisdiction, such unconstitutionality
shall not affect any of the remaining segments of this Resolution since the same would
have been enacted without the incorporation in this Resolution of any such
unconstitutional segment. Further, the passage of this Resolution shall in no manner
affect any other provisions of the Code of Rules and Regulations of the Dallas-Fort
Worth International Airport Board, and all such other provisions shall remain in full �orce
and effect.
SECTION 4. That violation of any provision of this Resolution, where an act or failure to
act is made unlawful or otherwise prohibited, shall be punishable by a fine not to exceed
Two Hundred ($200.00) Dollars and each day a violation continues shall constitute a
separate offense; provided, however, where the offense is one for which a penalty is
fixed by a superior law, the latter shall govern.
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Page 3
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SECTION 5. This resolution shall become effective upon approval by the City Councils
of the Cities of Dallas and Fort Worth, and after publication of a substantive statement
thereof in a newspaper of general circulation in each of the Counties of Dallas and
`"��' Tarrant. Such notice shall state that a breach hereof will subject the violator to the
infliction of 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 �. day of December, 1986.
. � l,.� ,
ATTEST: , U /�Z�.�� � �
ta f ecretary To The ��, Executive Dire or
Board
APPROVED AS TO FORM:
Lega Counsel
,�,�,.�, .
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gk30-86
�
,�:�„
STATE OF TEXAS I
+� COUNTY OF DALLAS 1
COUNTY OF TARRANT �
I, Debbie Miller, Staff Secretary to the Board of Directors of the Dallas-Fort Worth
International Airport, do hereby certify that the foregoing is a true and correct copy of
Resolution No. 86-272 which was passed and adopted by the Dallas-Fort Worth
International Airport on December 2, 1986.
���.��w`�'�Z�..�J�
Staff Secretary
� ,.. .
Dallas-Fort Worth International Airport Board
���
(AIRPORT SEAL)
Date: December 11, 1986