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Home My WebLink AboutORD 1986-007 CITY OF GRAPEVINE, TEXAS ORDINANCE NO. 86-07 AN ORDINANCE OF THE CITY OF GKAPEVINE AMENDING THE CITY CODE OF THE CITY OF GRAPEVINE, CHAPTER 3, SECTION 3-40 RELATING TO RULES AND REGULATIONS OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BY ADOPTING A NEW SECTION 4A OF CHAPTER THREE OF THE ,�.,:� CODE OF RULES AND REGULATIONS OF THE DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD WHICH SECTION 4A DEALS WITH STANDARDS FOR FUND SOLICITATION CONTROL AND CONTROL OF LITERATURE DISTRIBUTION AND BY �"�' ADOPTING, UNDER CHAPTER THREE OF SAID CODE OF RULES AND REGULATIONS, NEW SECTIONS 17 THROUGH 21 DEALING WITH PERSONAL CONDUCT; 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; AND DECLARING AN EMERGENCY. WHEREAS, the Dallas-Fort Worth International Airport Board has the power to adopt and enforce rules and rebulations for the orderly, safe, efficient, and sanitary operation of the airport; and WHEREAS, the City Council of the City of Grapevine passed and approved Ordinance No. 72-40 on December 19, 1972 and Ordinance No. 77-14 on March 22, 1977 to adopt the Code of Rules and Regulations of the Dallas- Fort Worth International Airport Board as amended to be effective within the bounds of the Dallas-Fort Worth International Airport which are within the limits of the City of' Grapevine; and �: ,, WHEREAS, pursuant to the foregoing, the Dallas-Fort Wortt� 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 4Vorth w�:� 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 41'HEREAS, on March 5, 1985 the Dallas-Fort Worth International Airport Board adopted resolution No. 85-051 which amended its rules and regulations concerning standards for fund solicitation control and control of literature distribution; and WHEREAS, the City Council has deemed it to be in the best interest of the citizens of Grapevine to adopt the amended rules and regulations concerning fund solicitation and control of literature distribution; and THEREFORE, BE IT OP.DAINED 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 the City Code of the City of Grapevine, Texas, Chapter �;.., 3, Section 3-40 relating to rules and regulations of the Dallas-Fort Worth International Airport Board is hereby amended by adopting a new Section 4A of Chapter Three of the Code of Kules and Regulations of the Dallas-Fort Worth International Airport Board, such new Section 4A attached hereto and made a `�'°'� part hereof as if copied in its entirety. Section 3. That the City Code of the City of Grapevine, Texas, Cha�ter 3, Section 3-40 relating ta rules and regulations of the Dallas-Fort Worth Internatic�nal Airpoc�t Board is hereby amended by adopting Sections 1 i through 21 of Cf�apter Three of the Code of Rules and Regulations of the Dallas-Fort Worth International Airport Board, such new Sections 1 i through 21 to read as follows: • "SECTION 17. NOISE It shall be unlawful for any person to make unreasonably loud or raucous noises, considering the location, inside terminals or other Airport buildings. SECTION 18. TABLES AND CHAIRS 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. �rt:�� SECTION 19. FOOD, ETC. It shall be unlawful for any person to distribute any food product at the Airport except from premises leased to that person by the Airport Board for that purpose. SECTION 20. PINS, ETC. It shall be unlawful for any person to pin, tie, or otherwise attach any items on the clothing, luggage, body or vehicle of any person at the Airport, without such person's consent. SECTION 21. OBSTRUCTION OF PASSAGE It shall be unlawful for any person at the Airport to obstruct the free passage of other persons alonU Airport sidewalks or into, out of, or within Airport buildings." Section 4. 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 5. It is hereby declared to be the intention of the City Council of the City of Grapevine that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional, such unconstitutionality or invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph or section. Section 6. The fact that the present Civil and Criminal Code of the City of Grapevine, Texas, does not adequately regulate conduct at the airport creates an emergency that this ordinance shall become effective from and after its passag�e as the Charter in such cases provides. PASSED AND APPROVED on this the 21st day of January , 1986. ��. , Mayor, City of Grapevine, Texas �xr�. ATTEST: City Secretary, 'ty of Grapevine, Texas iSEAL� - 2 - APPROVED: City Attorney �.,. w�,,� � w��:..r „�<.� �..� EXHIBIT "A" TO ORDINANCE NO. 86-07 . � . . r � ��.� "SECTION 4A �,.� STANDARDS FOR FUND SOLICITATION O Definitions: ' (a) "Solicitution" is defined as seeking money donations or donations of anything of volue from the gene�c� Public. (b) "Literature" is defined os books� pamphlets, hor�dbills, trxts� cards� circulars, pictures, filma� �ozin��lr or cny other written or printed materlal. 2) Permits: No person may solicit money or o�Ythi�g of value or distribute literature without a permlt issued by the Executive Director or his represeniative. An opplication shall be wbmitted to ttx Executive Director at least three(3) days in advance of the first ' day sought for solicitotion � and/or (iterature distributio�� excluding Saturdays, Sundays, and legal holidays, and sholl include the following: �.;,_ (a) The full name and street address of the . applicant; '�� (b) Tne full �ame ond street address of the orgonization sponsoring, conducting, or promoting the solicitption or distribution; (�) Whether the sponsoring organization is a branch or division of a national organizatio� and, if so, the name and street , address thereof. (d) �f tne sporuoring organization is a Texas corporation, a copy of its Corporate Ct�rter, as amended, sholl be furnished; if it is a foreign corporation, a copy of its Authorized Certificate to do business in the State of Texas sholl accompany the ' app licot iori; (e) The purpose of the solicitation; A�. .. � t `�`" (f) The date or dotes and hours of the solicitation and/or literoture dist�ibution. '"'�`� 3) The Pe�mit will be iuued within tFuee (3) days of receipt of the Applicotion, excluding Saturdaya, S�x�days and legal holidaYs; provided, however, thot a permit epplication may be denied or a pe�mit granted hereunder revoked if one or more of the statements in the app�icetion is found to b� untrue. 4� T�me� location and manners When permits are g�onted, the following rules ond atondards wll) apP�Y= (� Locetion: Pe�mittees will not be permitted to conduct the octivity for which the Permit is issucd (I) in Aitrpoet'roo�es,(3)(in inside ai�li�e gate depnr oreas restricted to oirline or ai�port perw�'►nel, (4) in restrooms, (5) in premises leased to o co�cessionaire, (6) in stairwells, staircoses, elevotors or escalators, (7) in boggage claim arens, or (8) in any w'ea temporarily or permanently restricted for security or construction reasons to ' ,�..�;� nccessary personnel. Permittees may not co�duct such activity within ten (10) feet of ony ticket counter, departure lounge �� check-in counter or security scree�ing point, nor moy Permittees aolicit from or distsibute literature to ony person waiting in line at thase ,areas or looding o� unlooding bagga9e f�om a public or private ' vehicle. (b) Permits will be issued for a period of c�ot more than thirty (30) days. " (�) Maru�er of operatio�: (Qa) A person moy not engo9e in . solicitation or distribution of literature unless he wears a bod9e, nameplote, cord, or other p��sonal identification on his upper torso and clearly visible to the public. .�. - 2 - �.,; .. ; : ' � That identificotion must state the true and correct legal name of the , p�r�on and the organizaf ion or � N ceuse �epresented. (bb) A person who solicits a donation i� conncction with the distribution of literature must inform the person solicited that a donation is solicited before the literature is � dellvered to the prospective donor. (cc� A person soliciting or distributing literature shall, in that connection, obey a�1 �plicable State and Federal laws ond all applicable Rules and Regulations of the Dallas-Fort Worth Intemational Airport Boa�d. 5) Appeal of Permit Denial or Revocation: When an application for e permit hereunder is �efused a' revoked, the Director will, within five (5) days of the � denial� excluding Saturdars, Sundays ond legal holidays, furnish the Applicant a written explonation "'�``" of the reoson for the deniul or rcvocation. Within five (5) days of receipi of the explonotion, the �,��. Applicant may submit o written request to the Executive Director that the Board seek e jud�cial determination ttwt the Permit was properly de�ied or revoked. Within five (5) day; following �eceipt of such request, excluding Saturda to e herYthe Unitedl holidays, the Boord must app y States District Court fo� the Northern District of Texns or the appropriate Texas District Court for a judicial determination that the application was � properly denied or revoked. The Bocrd has the burden of showing ttwt the Applicatian wns properly denied or that the Permit was properly re�voked• If the issue for judicial determination is not heard and decided on the me�its by the Court or otherwise mutually cgreed upon by the parties within ten (10) days after the complaint or petif ion is filed, then an Interim Permit shall b� deemed �ssued under ,�.. � � - J - iy�.:,..,� this section by operatio� of (aw, and all activities �"" proposed to be corried on in the Appiication 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 I�terim Permit snall be valid until a judicial determination has been made. If either party appeals that judicial determination, the Interim Permit shall continue to be valid during that and any subsequent appeal. It shall be o defense to a charge of soliciting or distributing literature without a permit that an appeal or judicial determination hereunder is pending:' ,�, .. w.,.v� ,,�:_._, �,,� - 4 -