HomeMy WebLinkAboutORD 1993-025 ,� �.
ORDINANCE NO. 93-25
,� > AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS AMENDING THE GRAPEVINE CODE
OF ORDINANCES CHAPTER 3 AIRPORTS AND AIRCRAFT,
ARTICLE III DALLAS/FORT WORTH INTERNATIONAL
AIRPORT REGULATIONS, DIVISION 2 1988 REVISED
CODE OF RULES AND REGULATIONS OF THE
DALLAS/FORT WORTH INTERNATIONAL AIRPORT BOARD
BY AMENDING CHAPTER THREE PERSONAL CONDUCT,
SECTION 4 STANDARDS FOR FUND SOLICITATION AND
DISTRIBUTION OF LITERATURE TO PROHIBIT
SOLICITATION OF IMMEDIATE, IN-PERSON DONATIONS
OR TO CONDUCT SURVEYS IN THE TERMINALS; BY
PROVIDING FOR CODIFICATION; BY PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSE
RELATING TO FIRE SAFETY, ZONING OR PUBLIC HEALTH
AND SANITATION, INCLUDING DUMPING OF REFUSE,
AND A FINE NOT TO EXCEED THE SUM OF FIVE
HUNDRED DOLLARS (5500.00) FOR ALL OTHER
°� OFFENSES AND EACH DAY AN OFFENSE OCCURS OR
CONTINUES SHALL CONSTITUTE A SEPARATE OFFENSE,
� PROVIDED, HOWEVER, THAT WHERE THE OFFENSE IS
ONE FOR WHICH A PENALTY IS FIXED BY STATE LAW,
THE STATE LAW PENALTY SHALL GOVERN; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1 . That Chapter 3, Article III, Division 2, Chapter Three, Section 4 of
the Grapevine Code of Ordinances is hereby amended in its entirety to read as per the
attached Exhibit "A", attached hereto and made a part hereof.
Section 2. The City Secretary is hereby authorized and directed to provide for
the codification of the amendments to Chapter 3, Article III, Division 2, Chapter Three
Personal Conduct, Section 4.
� Section 3. Any person, firm or corporation violating any of the provisions of
the 1988 Revised Code of Rules and Regulations, as amended, of the Dallas Fort
Worth International Airport Board shall be deemed guilty of a misdemeanor and, upon
� conviction, shall be punished by a penalty of fine not to exceed Two Thousand Dollars
� ,,� (52,000.00) for each offense relating to fire safety, zoning or public heaith and
sanitation, including dumping of refuse and penalty of fine not to exceed Five Hundred
Dollars (5500.00) for all other offenses, providing, however, that where the offense
�„� is one for which a penalty is fixed by state law, the state law penalty shall govern and
providing that each and every day on which an offense occurs or continues shall
constitute a separate offense.
Section 4. If any section, article, paragraph, sentence, clause, phrase or word
in this ordinance, or application thereof to any person or circumstance, is held invalid
or unconstitutional by a court of competent jurisdiction, such holding shall not affect
the validity of the remaining portions of the ordinance, and the City Council hereby
declares it would have passed such remaining portions of the ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
Section 5. This ordinance shall take effect immediately from and after its final
passage and the publication of the caption of said ordinance as the law in such cases
provides.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 18th day of May , 1993.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
"� �� GRAPEVINE, TEXAS on second and final reading on this the �St day of �une ,
1993.
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APPROVED:
William D. Tate
Mayor
ATTEST:
Lind Huff
City Secretary
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�,� APPROVED AS TO FORM:
�. �
John F. Boyle, Jr.
City Attorney
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� EXHi81Y� TO .5���`�"`'�S
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CHAPTER THREE Page __L_, Of ��
PERSONAL CONDUCT
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S E�"I'I ON 1. G ENERAL - STATE LAW
The provisions of this Chapter shalI not be construed as limitations upon the civil or criminal
laws of this State which are in full force and effeci within the areas under the control and
jurisdiction of the Airport Board.
SECTION 2. RFSTRICTED AREAS
(1) 'I�e Airport Board shall have authority to designate "Restricte� Areas' within the
Airport. The Air Operations Area is expressly dec3ared to be a "Restricted
Area."
(2) A person cammits an offense if he enters or travels, in a vehicle or on foot, vpon
any area designated by the Airport Board as a "Restrictai Arra," without specific
authorization from the Executive Direrior or pursuant to a Iawful esu�rt. A
person authorized to eriter a "Restricted Area' commits an offense if he enters or
exits at any location which is not designated for entrance to or exit from sucti
�:,,,�.
'Restricied Area.'
(3) A person commits an offes�se if he is found within any Restricted Area of the
� AirQort and fails or refuses to produca proper identifiration upon the re.�uest of
an Airport Public Safety Officxr, or any other authoriied represer�tative of the
Aiiport Board.
SE�:TION 3. A�IIMALS
A person commits an offease if he brings any animal on the Airport, or permits or causes the
same to be brought thereon; provided, however, that this seciion shall not apply to a 'seeing-
eye' dog ac.�ampany a btind pezsan, ur to animals propeziy canfined for shipmerit or tv animals
use� for law enforcement purposes.
SECTION 4. STANDARDS FOR F�JND SOLICTTATION,C�5-I�ID17CT;OFVSI�R�EYS" AND
DISTRIBUTION OF LITERATURE
(I) Definitions:
---•. ....
(a) SOLICITATION �.A3�TD,,�ZF�EEiPTT;,�t��"�TNDS �°�'-�-;e�l�g'�
-- ----- � . ....
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�^:+4�.:.nv.�env:.x . w M'u?!!nws �ppf�v,w ..?H:i+4 M!wh.n .;....�
�.' 'M+•w}:.:..w�wwn.:... w..�]w+1iC'
m�ans a far,�- c�re�u�est foi�n mm,e�ia e��hysicca�,�n_�,perso�n:�o"`na�t�oti
e�*�,* ..���....;rw:ti<.�.•�>.�>x«....
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Jt $ .
_ �XNISI i� TO G� ���.'�.�
,� . .. .. �a 3e �_ of _.,�_
of moricj+ or anything of value.
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(b) LITERATURE is defined as books, pamphlets, handbills, tracts, cards;
circulars, piciures, films, magazines, or any other itcros.
�
� (c) TERMINAL SECTION is defined as the Connector Building bctwc�n
Airport Terminals 2E and 3E and ehe A, B, and C Seciions of Ixvd 2 of
Terminals 2E, 3E, 4E and 2W.
. . ... ... �_.. .�._....�...... . .. ....... ......., . . . .
{d):;:r: ���SURVEY is�def ried�as the act of re�eated in-pers�ap potl�ng �r qciemon�ng
�of gersons��for .the puipose of:obtainuig iqformation relat.ed ta,.andlot
: ... . . .;:_... . ._:. � ,., . .
.......,...... .. : . :µ.. : .., ,
secunng.,�apinions,.or ;viewpoints:::on,.;.issues, ;can�ida,c�es,.;:products�or
�`���K
:J'wv:ivAiMlWa.w��
�P.vuv. .... ._... .._....
..s.,...x�..v. �VS�Tr ^n�an . . • �••••
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t1,): person may engage in.the S�oiicitat�on and Rec,e�pt of Funds or in�e rAnduct
No
;;. . . .. .....
of a Survey within.a pass�nger.terminai at the:Airport �tothing here�n�s�aiI be
:. :.: .. .. ....
.,.. :
canstn�e,d fo prohi'bit the canduct of a 5urvey by or ori v�ehalf o�an Au-po�:�teriant
.�.. -.� ;-...;:�..:-�::� : : � �.
in. that part of.an Air�ort�pass�gez.terminal;exciusiveiy i�at�ant�by
���� ry:. ��;;,.,,:..K-.,:��,�,���..�. ...r �..�..�.._ .
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ttie; rport:>. _. �
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{�(3) Pezmits; No person may ' ' ' �disiribute literature .
without a permit issued by the Executive Director of his representative. An
application shall be submitted to the Executive Director at least three (3) days in
�?F� advance of the fint day sought for �'�literature distn�bution,
exciuding Saturdays, Sundays, and legal holidays, and shail inciude the following:
�
(a) the full name and street address of the applicant;
(b) the full name and streti address of the organization sponsoring,
canducting, or promoting the ';distribution;
(c) whether the sponsoring organization is a branch or division of a national
organuation and, if so, the name and stre�t address thereof;
(� if the sponsoring orgar�i�ation is a Texas carporatiun, a copy of its
Corporate Charter, as amende�, shall be furnishad; if it is a foreign
corporation, a copy of its Authorized C�stificate to do business in ihe
State of Texas shall accampany the appticaiion;
,
, �
(�-}(e�ti��the date or dates and hours of the �;Iiterature distribution.
4: The Pezmit will be issue�i within three (3) days of receipt of the Application,
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EXHt81T� t4 ��y���s
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� � ezcluding Saturdays, Sundays and legal holidays; ptovided, howevcr, that permit
;„;,� appiication may be denied or a permit granted herwnder revoked if one or mort
of the statements in the application is found to bc untrue. �
�.;� (�4j(� Time, location and manner: Wtien permits are granted, the following rulu and
startdards will apply:
� (a) location: Per-mittees will not be permitted to conduct the activity for which
the Permit is issue� (1) in Airport roadways, (2) inside airline gate
departure lounges, (3) in areas restricted to airiine or Airport personnel,
(4) in restrooms, (5) in premises leasai to a cancxssionaire, (6) in
stairwells, staircases, elevators or escalators, ('7) in baggage ciaim areas,
(8) in any area temporari3y or permanently restricie.d for security or
construction reasons to neusSary personnel. Permitte�s may not conduei
such activity within ten {10) feei of any t�cket counter, de�arture lounge
check-in counter or security screening point, nor may Permittees sa�ieit
� €Fe�ref disiribute literature to any person waiting in line at those areas or
loading or unioading baggag� fram a public or private vehicle.
(b) Permit� will be issued for a period of not more than thirty (30) days.
(c) manner of operation:
�.� .
(aa) a penon may not engage in 5elfeit�':es�ef�distribution of literature
unless he wears� a badge, namcpiate, card, or other personal
'"�' identification on his upper torso and cieariy visibie to the public.
That identifiration must siate the true and correct legal name of the
perwn and the organization or cause represented.
(bb) a person 'distributing Iiterature shall, in that
connecuon, obey all applicable State and F�deral laws and all
applicable Rules and Regulations of the Dallas/Fort Worth
International Airport Board.
(r,�) distnbudon of literature may be
conducted from tables at tfie follrnving locations and subjec� to the
following terms:
1. i.ocations:
(a) Terminal2W
() Inside security, in front of wall between
column lines 70 and 71 opposite vending
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� EXH13;i� TO ��9��'�S
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� � � machines betwccn Gatcs 12 and 13.
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(ii) Inside security, in front of wall opposite
newsstand hetwocn gates 4 a S.
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(iii) Outside s�curity, in froat of wall in A-2
encryway on which Ground Transportatian
board is locatod; provided, however, that no
table may be plac,ed in front of the Ground
TranspoRation board itself.
(b) Terminal2E
(i) Inside security, in alcove between gates 7
and 8.
(c) Terminal3E
() Outside security, in front of glass wall
betwexa A-2 escalator entrance and
telephones.
� ,� (ii) Outside seturiry, in front of glass wall
betwcen A-4 escalator envance and
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telephones.
(iii) Outside security, in front of glasS waIl
between B-2 escalator es�trancz and
telephones.
�v) Outside security, in front of giass wall
between B� esra,Iator entrancz and
telephones.
(� Tezminal4E �
r) Inside securiry, in front of the windows
� betwe� gates 3 and 5, and between cotumn
lines 19 and 20.
(ii) Inside se�urity, in front of ihe windows
between gata 12 and 13, and between
coiumn lines 52 and 53.
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� EXH1BiT� TO ^ ����
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� ' (iii) Inside security, in front oF thc wa11 between
� - gates 32 and 33, and between column linu
�:.:,� _
108 and 109.
� 2. Terms
(a) No permittez may have more than one table at any
- one of the locations describ�d above.
(b) No person sai��i�g���� distributing literature
from a table shall leave the table unattendc�. A
table shall be deemed unatiended if it ia outside tt�e
view of the person or penons authorized by permit
to set up the table.
(c) Tables permitted hereunder shall not be mora than
three (3) feei in length or three (3) feet in width.
When erected, the longer sides of thc table shall be
aligned parallcl to the haliway or cancaurx in
which the table is located. A table place� at the
locadons described in 4(cc) (a)C) and Cu), (b) Ci),
��) C)� Ci), (iii), and (v) and (d) (i) and rii) shall
�,,�, be piaced no more than two (2) foet from the wall
in front of whic� it is permitted to be located. A
table piac.�d at the locations described in 4(cc) (b)
�'� (i) and (d) (u) shall extend no more than one (1)
foot into the concourse from the alcc�ve in whict� it
is permitted to be placai.
(d) Placxment of tables at the locations hezein p�zmittad
shall he on a first came first served basis each day.
At locations large enough to acrAmmodatt more
than one tabie undu these rules, a permittee shall
arrangt its table, when re�u� by another
permittee, so as to alIvw the other permittee to also
placa a table at the location.
(e) Tables permitted hereundez shall have legs capabie
of being folded under or removed from the table
surface and shall be folded or removed w�i3e being
transported through any terminai building.
(� Plarxment of tables hereundez is subj�ct to Section
� 13 of Chapter Thre� of the Code of Rules and
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� � ExH�a�; �
� . �d�e < _ ,:
� � : Regulations of the Dallas-Fort Worth International
�;� Airport Board.
(dd) No more than 4 persons authorized by permit to se�if :;
� ': €tt�s-ef�distribute literature shal} be authoriud to do so in ;
the secure area of a terminal s�ction at the same time.
Each person wishing to distribute literatnre e��e�ie�s �
must:
(1) Obtain in advanca of four date� tags for the
terminal section in which he desires to se�e'tt-€ttt�s �
ef distribute literature. Such tags shall be available
from 7:00 a.m. to 5:00 p.m. on a first-come fint-
served basis at the Airport's Operations De�artmer�t
in the DFW Business Center offica buiiding
(between North and South bound Internatiortal
Pazicway in the middle of the terminal complex), on �
. and for each day that the person desizes to s�e�ie� "
'� €�s�"distnbute literature. Only four tags shall
he made available per terminal seciion per day. No
person may hold more than one tag at a time. Only
the person obtaining the tag as describe� above may
:��..
use it.
(2) Return tha tag for one terminal section before
``�" obtaining a tag for another terminal section on the
same day.
(3) Display the dated tag on his upger tor5o, cleariy
visible to the pu�lic, while cngaged in the permitte�
activity in the terminal section and on the date to
whic3� the tag pertains.
(et) A permittec commiu an offense if he stores any litcrarure
or any items used in c�nnertion with his literaturz
distribution 'in any pnblic ust area
of the Airport's terminals. All suc� literature and material
shall be carried on the person of a permitte� wiiile inside
an Airport terminal building; provided, however, that
where the.: ''distribution of literature
is conducted from tables under Section 10 of Chapter'I�rea
of these Rules, the literature or maierial may be piaced or
displayed upon the pezmittez's table. 'This section shall
,�. not prohibit any pezson from storing literature or items in
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't �GG� - .�.�.�
- � EX�Il81T� TO of ,,.....---
Page _._2--
such �ublic IockeTS as are provided in the Airport's
,�., paSSenger terminals.' .
�(�}(� Appeal of Permit Denial or Revocation: When an application for a permit
� hercunder is refused or revoked, the Directoc will, within five (S) days of the
denial, excluding Saturdays, Sundays and legal holidays, furnish the Appiicant a
written expianation 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 Direcioc that the Board seek a judicial determination that the Permit
was propezly denied or revoked. Within five (5) days following rec�ipt of such
request, excluding Saturdays, Sundays and legal holidays, the Board must apply
- to either the United States Disirici Court for the Northern Disu-ict of Texas or the
appropriate Texas Districi Court for a judicial deiermination that the apQlication
was properly denied or revoked. The Boazd has the burden of showing that the
Applicatioa was propezly denied or that the Permit was properly revoked.
Upon a judicial determination. an interim permit will be issued and continue in
force pending an appeal.
If the issve for judicial determination is nat heard and decided on the merits by
the Court or otherwise mutually agreed upon by the parties within ten (14) days
after the complaint or petition is filed, then an Interim Pennit shall be deemed
�zj�� issue under this section by operation of law, and all activities proposed to be
carried on in the Application for tha original Permit may be carried on as if the
original Permit had be�n issued, subjxt to the same restrictions and obligations
under this Ordinanrx as other permitted activities. 'I�e Interim Permit shall be
valid peading a decision in the districi court, on any appeal thereof. It shall be
a defense to a chazge of s+��;��g-ef distributing literature without a permit than
an appeal or judicial determination herevnder is periding.
SEC'I'ION S. LTITFR
A person commits an offense if he places, discharges or deposits in any mannet any litter, offal,
garbage, trash, debris, junk or any refuse on the Airport, exce�t at suc� plac�s and under suc�
candition is as the Airport Board may, frvm time to time, prescribe.
SECTION b. OBSTRUCT'I�N TO AVIGATION
A person commits ari offense if he operates or reieases any kite, balloon, modei aircraft, modei
rocket or parachute, or other such cantrivancz upon or above the Airport without writtea
permission from the Executive Direcior.
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