HomeMy WebLinkAboutORD 1977-003 ORDINANCE NO. 77-3
An Ordinance by the City Council of the City of Grapevine, Texas,
approving Resolution No. 76-128 of the Dallas-Fort Worth Regional Airport
Board, which amends Resolution No. 71-172 (known and adopted as the Code
of Rules and Regulations of the Dallas-Fort Worth Regional Airport), providing
for the addition of Section 4A to Chapter Three thereof, entitled "Standards for
Fund Solicitation Control and Control of Literature Distribution;" Defining Terms;
Providing the conditions and standards under which Permits may be granted to, or
denied, Applicants for charitable and other fund solicitations on the Airport;
Providing the conditions and standards under which Permits may be granted to
Applicants for the distribution of Literature on the Airport, in connection with
a charitable solicitation; Providing the conditions and standards under which
Permits may be granted to Applicants in connection with politica) campaigns and
Labor-Management Disputes; Providing for fees to be charged for issuance of
such Permits; Providing for the regulation of the time, location, manner and number
�� of persons who solicit funds under the Permit authority; Providing for Appeals from
Permit denials; Providing for the operation of the code only within the bounds
of the Dallas-Fort Worth Regional Airport; Providing for the retention of the
sovereign and proprietary authority of the City of Grapevine; Providing a Penalty,
a Severability and Savings Clause, and declaring an emergency. A breach of
the terms of this Ordinance will subject the violator to the infliction of a penalty
by a fine not to exceed Two Hundred Dollars ($200.00) per day and each day of
violation shall be considered a separate offense.
The full text of such Resolution is on file in the principal office of the Board
� _. located at Administrative Offices, East Airfield Drive, Dallas-Fort Worth Regional
Airport, Irving, Texas, where the same may be read by any interested party and on
�` file in the office of the City Secretary of the City of Grapevine, Texas.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CIN OF GRAPEVINE,
TEXAS:
�. Section 1 . That the City Council of the City of Grapevine, Texas
does hereby adopt and approve Resolution No. 76-128 of the Dallas-Fort Worth
�, Regional Airport Board, which amends the Code of Rules and Regulations of the
Dallas-Fort Worth Regional Airport (adopted by City of Grapevine Ordinance
� 72-40), which resolution provides for the addition of Section 4A to Chapter
Three (3) entitled "Standards for Fund Solicitation Control and Control of Literature
Distribution" in its entirety, a copy of which Resolution is attached hereto and
incorporated herein as if copies in its entirety.
Section 2. That the Code of Rules and Regulations of the Dallas-
Fort Worth Regional Airport shall only be effective within the bounds of the
Dallas-Fort Worth Regional Airport which bounds are within the City of Grapevine.
This section is also subject to Section 3 of this ordinance.
Section 3. Provided however that nothing herein shall be deemed to
waive, abbrogate or surrender the sovereign governmental power and authority
and proprietary ability of the City of Grapevine to pass ordinances, to exercise
its police power, and perform all necessary governmental and proprietary functions
within the City Limits of the City of Grapevine, which City Limits presently
encompass a part of the Dallas-Fort Worth Regional Airport.
Section 4. 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 shal) 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 5. 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 emergence that this ordinance shall become effective from
and after its passage as the Charter in such cases provides.
PASSED AND APPRUVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
, TEXAS, on this the 25th day of January , A,D. 1977 .
ST�' � _r,.. ....
. �
.� �j ._ , ��
�� ,
Mayor
ATTEST:
City ecre y
APPROVED AS TO FORM:
City Attorney
,� � - � RESOLUTION NO . 76-128
A Resolution by the Dallas-Fort Worth Regional Airport Board amending
Resolution No. 71-172 , entitled "The Code of Rules and Regulations of the
Dallas-Fort Worth Regional Airport Board" by adding Section 4A. to Chapter Three
thereof, to be entitled "Standards for Fund Solicitation Control and Control af
Literature Distribution"; Defining Terms; Providing the conditions and standards
under which Permits may be granted to, or denied, Applicants for charitable and
other fund solicitations on the Airport; Providing the conditions and standards
under which Permits may be granted to Applicants for the distribution of Litera�ure
on the Airport, in connection with a charitable solicikation; Providing the conditions
and standards under wh.ich Permits may be granted to Applicants in connection with
political campaigns and Labor-Management Disputes; PrQviding for fees to be
charged for issuance of such Permits and for the cancellation of outstanding
�
Permits; Providing for the regulation of the time, location, manner and number
of persons wha solicit funds under the Permit authority; Providing for Appeals
from Permit denials; Providing a Penalty, a Severability and Savings Clause, and
declaring an effective date . •
WHEREAS, it is the desire and purpose of the Dallas-Fort Worth Regional
Airport Board to more effectively control Charitable Fund Solicitation and Literature
Distribution on Airport premises, and to protect the travelling public as well as
persons desiring to solicit for charities, to balance the legal rights of each group,
and to protect the public health, security, safety and general welfare;
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Page One - .
� ' NOW, THF.REFORE, BE IT RESOLVED BY THE DALLAS-�FORT WORTH
C�1;G[UNAI., 11IRPORT BOARD:
SECTION 1 . That the Code of Rules and Requlations of ttie Dallas-
� 1'urt Worth Regional Airport Board, ado�ted by Resolution No. 71-172 , is hereby �
anicnded by adding to Chapter Three thereof, entitled "Personal Conduct, " a
s�ction numbered 4A. , to be entitled "Standards for Fund Solicitation Control
and Control of Literature Distribution, " such Section to read as follows:
"SEC,TION 4A. STANDARDS FOR FUND SOLICITATION CONTROL AND
CONTROL OF LITERATURE DISTRIBUTION:
(a) DEFINITIONS:
(1) "Charitable Organization" is defined as any person, firm, group,
�r�rtnershi�, corporation or association whose avowed purpose and object is to
benefit, assist, aid and further the following causes:
(aa) philanthropy;
(bb) assistance to persons who are poor, impoverished, destitute,
underprivileged, needy, diseased, injured, crippled, disabled, handi-
� capped, or in need of physical or mental rehahilitation;
M (cc) churches, religious societies or other religious sects, groups
or orders espousing spiritual and altruistic motives or conduct;
(dd) the teaching of patriotism, or promoting relief and assistance
to this nation's war veterans;
{ee) beneficial education of the mind or assistance to educational
institutions; or
(ff) the protection, shelter and sustenance of animals.
(2) "Charitable Solicitation" is defined as seeking money donations,
pledges thereof, or anything of value to benefit, assist, aid and further the cause
oi a charitable organization, either orally or by literature distribution.
(3) "Literature" is defined as books, pamphlets, handbills, tracts, cards,
circulars , pictures, films, magazines, or any other written or printed material.
(b) PERMITS: It shall be unlawful for a Charitable Organization to solicit
funds on the Airport premises without first applying for and obtaining a Permit on
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Page 'I�vo :
. _ _
Eorms prescribed by the Executive Director or his representative . The Application
shall be submitted to the designated representative of the Executive Director at
least three (3) days in advance of the first day sought for solicitation, and shall
st�ite:
(1) The fu11 name and mailing address of the person or
org��nization sponsoring, conducting or promoting the fund
drive; if the mailing address is a Post Office Box Number, the
actual street address shall also be stated;
(2) Whether or not the Applicant is a branch or division
of a national organization, and if so the name thereof, and
the mailing and street address of same;
(3) If the Applicant is a Texas corporation, a copy of its
corporate Charter, as amended, shall be furnished; if it is a
forc�ign corporation, a copy of its Authorization Certificate to
do business in the State of Texas shall accompany the Application;
(4} The purpose or object of the Charitable Solicitation;
(5) The date or dates and hours of the solicitation;
(6) The number of persons to participate in the solicitation
and the true legal name and address of each;
(7) Such other pertinent information found to be necessary
by tt�e designated official to adequately enforce the terms of this
� Resolution.
(c) It1:ASONS POR REFUSAL OF PERMIT: The Application shall be granted
and the Permit shall issue unless one or more of the following facts is found to exist:
(1) that one or more of the statements in the Application is
not true;
(2) that the Applicant or any agent or representative of the
Applicant who will participate under the Permit is presently or has been
engaged in a fraudulent transaction or enterprise, or has been convicted
of a felony or other criminal offense involving moral turpitude;
(3) that the expected cost of solicitation will be excessive in
relation to the gross amount to be collected. Any such cost of solici-
tation in excess of twenty-five (25%) percent of the total amount collected
shall be considered and presumed to be unreasonable, but this presumption
may be rebutted by Applicant upon good cause shown. Cost of solicitation
shall include any money or thing of value not reserved specifically and
entirely to assist, aid or further the announced charitable cause. A11
accounting and bookkeeping records, government reports , all tax records
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' . : for tr�e �r�cec�ing lw� years, and any �i�zr�r rel.eva:�.t ��per� t�t� �ir�curr��nt��
� with r�ference to the Charitable Solic���tzon rna� k�� exa�na�aed �nd �uc�i�:er�
either at the time af application, c���n� tki� sa�.icitiaC�r�n, c�� at �c afte�-
the ex�iration af the Percnit;
` (4} when there is good reason t+.� �_��,lievc �:€i�t i:f�� qran�ix�� �f. t�he
Pera�nit will restzit in a direet and imxn.�cl3.«tc� r3��.c�er ar �Sa•r_ar� to t�;� �a��bl.i.��
security, health, sa�ety or welface,
(5} when the Applicant or any ac��r�_ c�r �-��rr:�c-:r�����iv�� �:�.� t�� .A�p13.fi�<<.���:
who �ill participate under the permit; ��<� }}�-�v�;�u;�y ,��c,l:at�d a�y ��rtio=:: r�i:
thc; Cade of Rules and Regulations c�i' ���,� l�)��i�.a�-1'�,r� �c�rtr� Rer��onal �i.r,,,,�`
I3oard, or has vlolated a�y of the tez��n5 anc� pxc�vfsi.o�� of. aray prfar P�.r���.;.�-. ,
(d} F'ERMITS FOR CHARITABLE LITER.I���TRE �I���tT#�IJ�'C1N-: �� sh�li �� � : ' . ,� ���
for a Ch�rtta�ale C)rganfzatiar� ta distribukF I,i��:r�t�xr� c�i� �t��F g�h�r �rt�r��e r�r� f��,. �
Airport ix� �annecrion vvith a �haritable So1.ic:����ti:rri �rit-�c�t�f� ��st ��aply�ing for �;�;;1
obtaininc� � Fermi,t an forms p�°escrfbed ��r ��ae �xec��:��.�e� T�ir��tc�� c�r �i�s re�x��� ���; .: ,.jr;� .
Actior� o� su.�:h �ir��I�catians �nd P��mit� ��i��z�. b�: c��v�rri�c� �� T'ar��q��gh:} �z�) <:i;i.:s (:;)
set forth �b��� far, C;l�.aritabl� �cali�itatio�z, ���.tr����� `�.r�t- �l3���;�r;zl-�,ut_ir.�� �� 7,�(�,;,�,��.��;.�,:. �; �.,;;;
espouses � charzt�bie cause, �ul�er� no s�li.r��;_atic,n s�3ra �r��� t�e ��cr����aric�� c�`, c,:;�n.-:��
(�!� EynvT}?"0°.r'� ..,�_r^,al.^i�:�.`7'..Y'1F «��.'.U:��m aC., �.K���2S}�i�`� .�..,4A�.�_(..,�i�e���"�.Xi':E."'�' ��� �'�CY'L'"�Cn�'lCx��'��� `5)j C�L� .+;:.'. .. 1
(c) set fort�� ��ave, except su��parac�raph (c)�`,�� .
4�� ���Nt�T� �aR �or�iTzc� o� r�acat��-Art��1VA��Tti/i�:�3'.� ���ET��§.�`LTI�: x�fS1.'FZ�--.
BUTION: Tt sk�all be unlawful fe�r a p�rson to �i�stri.bute Lat_�r��€�re c�t� th� �ir�aart �,^l�z�t��.3r
or not thec� �s sol�ci�a�fon car acceptance o� anc��r°�y or a��yi.hf��r� �if rr��taetary valu�-;
therefor� vvY�l�f� fs ctistributeci i,r� +conn�atio�a �v��`.;r� t:};c ���;i�:��3:c;r� �f �� }:>�litfca�:
candidar�� �� �calit�ca� issu�, fJX' �,� COCI13QCtIQC1 yai'�I�i � ���c�r-in�:�ar�ern�nt e�i��.�ute,
without �ix��� a�plying fc�r and obt�inic�g a pe�zc��t c�tA far�r�� �-�r���.ri_bec? by t�� �xe���.1t:i��js�
Director �r k�is �epresentative . �ctior� nr� si�c,h ���).ic.a��.�ns ts�:��.� I'c�rinits s1��ail ��
governec� �� Paragr�phs (b� and �c) se� forti� a�c�?+��, E��:��t �u�,�°�ar�igraph �c.)(3� a
�f) �'EESa A fee �f $6 .00 �er day foz �,���.,h d�y �=-�r�tec� �n a��y l��rmi:k
� referred ta hesein sh�Il be charg�;d ancl �cll�c;i:E�� �n ������c:e f�n r�efray a
Page Four _
part of thc costs of Board employees' time spent in investigation, Permit preparation
and subsec{uent supervision.
(g) CANCEI.LATION OF PERMITS: Any Permit granted hereunder�may be
c��ncr.11ed �Ifter issuance if any of the above reasons for prior refusal should be
di.scovered, or become apparent during the solicitation period.
(h) TIME, LOCATION , MANNER AND NUMBER OF PERSONS INVO LVED:
When Permits for Charitable Solicitation, Charitable Literature Distribution, a
combination of the two, or for political advertisement or labor-management disputes
are granted , the following rules and standards shall apply:
(1) Location: Such Permits shall be restricted to the
sidewalks of the Airport and the sidewalks of the Terminal
Buildings on both levels thereof, but shall never be permitted
inside any Terminal Building or in any other Airport structure.
(2) Time: Permits shall be issued for no more than a total
of cight (II) days in any one calendar month, but the days need
not be consecutive . Permit holders shall be restricted to the
E � hours of 9:00 o'clock A.M . to 6:00 o'clock P.M , on the days
of operation.
(3) Number of Persons: Not more than kwo (2) persons
representing any one group or orqanization shall be permitted
on a specified area of the sidewalks of a Terminal Building at
one time, and no more than a total of four (4) persons from that
group snall be permitted at one Terminal Building.
{4) Manner of OPeration:
(aa) Each person included in a Permit shall be issued,
and shall wear, a badge, nameplate, card or other personal
identification on the upper clothing anc3 in a manner clearly
visible to the public. Such identification shall state the
true and correct legal name of the solicitor and the organization
or cause represented. It shall not be transferred to another
person and must be returned to the issuing Airport official
at the expiration of the Permit.
(bb) No Permittee shall make loud noises or create any
other disturbances . No dancing, chanting, use of drums,
,� cymbals, other musical instruments, or noise-making devices
shall be permitted.
�.. .
Page Five
(cc} Permittees at all times are sui�ject to all laws:
Federal, State or Local, regarding fraud, assaul�, Uattery,
theft, littering, picketing and a11 other laws relating to the
conduct of persons in public places .
(dd) Permittees , when soliciting donations in connection
with the distribution of Literature or the distribution of other
�3rticies, shall inform the person approached by them that a
donation is soiicited prior to the time such material is
dclivcrc�d to the prospective donor and such solicitor shall
�n�ikc: the pc�oper money change wh�n informc�d of the amount
Ucinc7 don�ited .
(ee) No Pc.�rmittee shall erect or place a table, bench,
chair, or other structure on any sidewalk or other premises
of the Airport.
(ff) No Permittee shall distribute candy, gum or other foad
snacks or any food product, and shall not pin, tie, or attach
any flower or other symbol, insignia or article on the clothing,
lugqage or vehicle of passengers or other persons at the Airport.
(gg) The Official who issues the Permit may cancel
sarne due to any emergency situation, unusually congested
conditions in the areas of the Permit caused by severe
weather, schedule interruptions, or for security measures .
11t Permittee's option, a temporary reassignment of location
m�y be utilized outside the location of the emergency
�
condition, but not inside any Terminal Building or other
� llirport structurE� .
(hh) No Permittec shall interfere with the frec passage of,
�r cicccss oI, other persons along sidewalks or at any
entrances to or exits from a Terminal or any other structure;
specifically, no Permittee shall ever obstruct any entrance
or exit to solicit donations or distribute Likerature or other
articles .
(ii) No Permittee shall enter any stairwell, staircase,
elevator, or escalator vestibule for solicitation or distri-
bution purposes and shall not impede the flow of pedestrian
traffic to sidewalk baggage collection or baggage loading
areas . No person shall be impeded or approached while
loading or unloading baggage from any public or private
vehicle.
�ll) No Permittee shall operate in the roadways adjoining
the Terminal sidewalks , nor in any other manner impede
vehicular traffic in any roadway.
(kk) �1 Literature distributed by a Permittee which may be
`" discarded by recipients shall be retrieved and the solicitation
<�r���� cleared and cleaned of same daily. �
�.. s
I'.tc��� 51::
(i) APPEALS: When an Application for a Permit hereunder is refused,
for any one or more of the reasons herein stated, the Airport Official shall state
�. _
thc� reason or rcasons for such refusal in writing and deliver a copy to the Applicant.
'I'tic� llpptic��rit �n��y ��ppral sur,r► refusal to the Chairman of the Dallas-Fort Worth
Rec�ion��l 1lirpoc-t I3oard, who shall either hear and decide such appeal, or who may
i�t I11S discretion appoint one �r more Board members to hear and pass upon such appeal.
lf such appeal is overruled, no other administrative remedy shal! be appropriate,
and the Appellate process shall be considered administratively exhausted .
(j) SEVERABILITY AND SAVINGS CLAUSE: The sections, paragraphs, sentences ,
clauses and phrases of this Resolution are severable, and if any phrase, clause, sent�nce,
�aragraph or section of this Resolution shall be declared unconstitutional by the valid
� judgment or decree of any court of competent jurisdiction, such unconstitutionality
� :�h:ill nc�t ,�flect �ny of thc remaining phrases, clauses, sentences, paragraphs and
scctic�ns ul t}�is Resolution, since the same would have been enacted without the
incorporation in this Resolution of any such unconstitutional phrase, clause, sentence,
paragraph or section. 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 Regional Airport Board, and all such other provisions shall remain in full force
and effect.
(k) PENALTY: The violation of any provision of this Resolution where an act
or a failure to act is made unlawful or is otherwise prohibited, shall be punishable by
a fine not to exceed Two Hundred Dollars ($200.00), and each day a violation shall
continue shall constitute a separate offense; provided, however, where the offense
� is one for which a penalty is fixed by state law, the latter penalty shall govern.
Page Seven
{1) EFF'ECTIVE DATE: This Resolution shall become effective upon approval
k�y thc� C%ity Councils of the Cities of Dallas and I'ort Worth, c�nd aftcr publication
c�l ,i :cul�:;���ntivc� st��Cen�cnt therc�of ��nc3 thc pc�nt�lty for viol��lic�n thcr<��f, in <Z nc.ws-
E>�i��er c�l ����ncr�il r.ircul�tion in each of thr. Counties of Dallas ��nd Tarrant. Such
notice sh��ll 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
princip�l office of the Board, where the same may be read by any interested party.
I'11SSED, APPROVED AND ORDERED this �th day of December , A. D.
1976 . �
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.i-"j --�._ � t_-`_ .�„�,
�
_T
E CHAIRMAN,
DALLAS-FORT WORTH REGIONAL AIRPORT BOARD
11TTI:ST:
�_ �,�.� �.�:z..r.�� _:_��.���.�
S taff Se cre tary
Dallas-f'ort Worth Regional Airport Board
STATE OF TEXAS X
X
COUNTY OF DALLAS X
I, Barbara Hollis, Staff Secretary of the Dallas-Fort Worth Regional Afrport Board do
hereby certify that the foregoing is a true and correct copy of Resolution No. 76-1Z8
passed and approved by the Dallas-Fort Worth Regional Airport Board on December 7,
1976. �
� WITNESS MY HAND AND SEAL OF THE DALLAS-FORT WORTH REGIONAL AIRPORT
BOARD this the 8th day of December, 1976.
�
i' '
'�. ,.:,; /�'` �� /�" , ;'I �
Jft%` .�' �:i�ii - c=--�..k%�„✓
Barbara Hollis
Staff Secretary
- Dallas-Fort Worth Regional Airport Board
1'�igc I;ight