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HomeMy WebLinkAboutORD 1988-048 ORDINANCE NO. 88-48 AN i�:i�;�I NANCE OF THE GRAPEV I NE C I TY COUNC I L AMENDING CHAPTER 3, ARTICLE III , DIVISION 2 OF THE GRAPEVINE CODE OF ORDINANCES BY ADOPTING THE 1988 REVISED CODE OF RULES AND REGULATIONS OF THE DALLAS FORT WORTH INTERNATIONAL AIRPORT BOARD; BY PROVIDING FOR CODIFICATION; BY PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000 . 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 ($500 . 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; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section 1 . That Chapter 3 , Article III , Division 2 of the Grapevine Code of Ordinances is hereby amended by the adoption of the 1988 Revised Code of Rules and Regulations of the Dallas Fort Worth International Airport Board, a copy of which is attached hereto and incorporated herein for all purposes and a copy of which shall be kept on file in the office of the City Secretary. The 1988 Revised Code of Rules and Regulations of the Dallas Fort Worth International Airport Board shall supersede the Code of Rules and Regulations of the Dallas Fort Worth International Airport Board. � Section 2 . The City Secretary is hereby authorized and directed to provide for the codification of the 1988 Revised Code of Rules and Regulations of the Dallas Fort Worth International Airport Board into Chapter 3, Article III , Division 2 of the Grapevine Code of Ordinances . • Section 3 . Any person, firm or corporation violating any of the provisions of the 1988 Revised Code of Rules and - Regulations of the Dallas Fort Worth International Airport Board, as adopted herein by the Grapevine City Council , shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a penalty of fine not to exceed Two Thousand Dollars ($2, 000 . 00) for each offense relating to fire safety, zoning or public health and sanitation, including dumping of refuse and a penalty of fine not to exceed Five Hundred Dollars ($500 . 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 . The fact that the present ordinances and regulations of the City of Grapevine, Texas, 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 the public i business, property, health, safety and general welfare of the i public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. �i PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF � . GRAPEVINE, TEXAS on this 5th day of July , 1988 . I � APPROVED: � � � � � �4 i Mayor � f F f ATTEST: �I I! C City Secreta I ; APPROVED AS TO FORM: � 1 IrTs.�' /.�-- � � � � City Attorney � � ! I M I � � i � i i , �I � , i , , i � . � � i i ! ; i , i � � E i EXHIBIT "A" TO ORDINANCE N0. 88-48 � � � ��_,.. ��� � • � . . �p 1 � 1988 REVISED CODE OF RULES AND REGULATIONS D/FW INTERIVATIOIVAL AIRPORT I �,. f� �.u,� � � � J 1 � I . ��:�, � . � 7 � i .��-� / ' � � � CONTENTS � PAGE � CHAPTER ONE. GENERAL PROVISIOIVS � ' Section: � 1. Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 � 2. Intent . . . . . . . . . . . . .3 3. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 � 5. Laws of the State of Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 CHAPTER TWO. TRAFFIC REGULATION Section: � 1. GeneralLaw Governing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 ' 2. Traffic Control Installations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 � 3. Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 4. Employee•Parking Areas . . . . . . . . . .10 ' S. Restricted Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 6. Passenger Loading Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 7. Loading Zones . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 � ; 8. Impeding Flow of Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 ' 9. Solicitation of Ground Transportation . . . . . . . . . . . . . . . . . . . . . . . . . . .12 � 10. Inoperable Vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13 .�� � CHAPTER THREE. PERSOIVAL CO1�IDUCT �.� Section: � l. General - State Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 2. Restricted Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 3. Animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 � 4. Standards For Fund Solicitation•and Distribution • • • . • . , . • . • • . . . • • of Literature .17 5. Litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 6. Obstruction to Avigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 � 7. Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 , 8. Camping, Swimming, Picnicking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 �' 9. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 !0. Table and Chairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 , 11. Food, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 ' 12. Pins, Etc. . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . .28 � 13. Obstruction of Passage . . . : . . : : : : : : : : : : : : : : : :: : : : : : : : : : : : : : : : : .28 14. Fradulent Misrepresentation . .28 � -i- � �w� �.�� ' �. - i ; , ���J / � . 'a / � � '��` � 15. Unauthorized Transfer of Authorization . : : : : : : : : : : : : : : : : : : : : : : : •28 _ 16. Unauthorized Use of Authorization •28 17. Temporary or Permanent Residence . . . . . . . . . . . . . . . . . . . . . . . . . . . .29 � CHAPTER FOUR. TAXICAB RULES AND REGULATIONS � Section: l. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 � 2. Operating Authority . . . . . . . . . . . . . . • . . • • . . . . . . . . . . . . . . . . . . . . . . .36 3. Taxicab Drivers Permit •�+� 4. tiliscellaneous Holder and Driver Regulations . . . . . . . . . . . . . . . . . . . . .52 � 5. Service•Rules and•Regulations• : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : .56 6. Fares . . .61 7. Vehicles and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 8. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .68 � . . CHAPTER FIVE. BUS AND LIMOUSINE RULES AIVD REGULATIONS � Section: 1. GeneralProvisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 � 2. Operating Authority . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . .80 3. Bus/Limousine Driver's Permit . . •$� 4. Miscellaneous Holder and Driver Regulations. . . . . . . . . . . . . . . . . . . . .97 � 5. Service.Rules and Regulations• : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : .101 6. F'ares . .108 " 7. Vehicles and Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 8. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .111 CHAPTER SIX. COURTESY VEHICLE RULES A�'D REGULATIONS � Section: � 1. General Provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11� 2. Operating Authority •1 z0 3. Decal/Insignia Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125 4. Service Rules and Regulatiens . . . . . . . . . . . . . . t . . . . . . . . . . . . . . . . .12� � 5. Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133 6. Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !35 � CHAPTER �EVEN. POLLUTION CONTROL RULES r'�ND REGULATIONS � Section: 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .139 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144 � 3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144 4. . . . . . . . . . . . . . . . .145 � -ii- ���v� � � . :� . J w_��+ / r � �, � '�I +a '/ I l , ti .: � I, CHAPTER EIGHT. CONTRACT FUNDING RULES AND REGULr1TIONS �. Section: �� 1. Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .161 2. Ef fective Date and Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .161 � 3. Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .162 4. Administration of Rules and Regulations .162 �' 5. Contracts Funded Entirely From Operating Revenues . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . . . . . . . . . . . . .162 � 6. Contracts Funded Entirely from The.Proceeds of� . . • • • . • . • • • . . . '��' Joint Revenue Bonds . . . . .163 7. Contacts Funded Partly with Joint Revenue Bonds or Operating Funds and Partly With Funds of a Tenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .163 8. Board Contract•Funded�Entirely by Tenant . . . . . . . . . . . . . . . . . . . . . .165 9. Tenant Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165 CHAPTER VINE. COMMERCIAL ACTIVITIES Section: 1. Solicitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .169 2. Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .169 3. Commercial Photography and Moving�Picture Production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .170 � 4. Newsracks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171 5. Food Protection and Sanitation . .172 I� CHAPTER TEN. PROCEDURES �� ' Section: �I� 1. Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .180 w��� i2. Airport Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1�G 3. Procedure for Adoption of .�irport Rules andRegulations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .l�l � 4. Adoption Procedures for Rules, f2egutations ' and Orders with Penal Provisons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1�2 CH,�PTER ELEVEN. SAVIti�G, SEVERABILITY .��V'D PENALTIES Jection: 1. Catchlines of Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1s6 � 2. Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .156 , 3. Penalty, Continuing Viotations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .186 .� APPENDIX I ' APPENDIX II � -:i:- �y� +�$� - j /; � �J I ! � � � � � 1 . . CHAPTER OI�tE � GENERAL PROVISIONS 1 I � ���.� � . � � � � � . � � _�- �.�� ��� - � ; �� � � � � 1 ARTICLE I � GENERAL PROVISIONS PAGE � Sec. l Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 � Sec. 2 Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 Sec. 3 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 � Sec. 4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •4 �A� TSec. 5 Laws of the State of Texas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 � � . � ��w ��� � � ' �� J c � -�- ��.► ��� . : .�.—_� / i t j, / � / $ 6 1 � - CHAPTER ONE � GENERAL PROVISIONS � �,� SECTION 1. TITLE This Code shall be entitled '7he 1988 Revised Code of Rules and Regulations of the � Dallas-Fort Worth International Airport Board," may be cited as such, and may be � referred to as "this Code," or "the Code." . . � SECTION 2. INTENT It is the intent of this Code to establish certain rules and regulations necessary to � the maintenance and promotion of the peace, health, good government and welfare of the � Dallas-Fort Worth International Airport, to provide for the best performance of the functions thereof, for the security of persons using the Airport and to provide by such � rules and regulations and by concurrent ordinances of the Cities adopting this Code, for "��" suitable penalties for the violation of its provisions. � SECTION 3. SCOPE � The provisions of this Code shall constitute a special enactment of ef fect only � within the boundaries of the Dallas-Fort �Vorth Internatiunal �irport, and adopted in co�peration and concert ��•ith other Cities in recognition of the unique and special � requirements of the planning, acquiring, establishment, development, construction, enlargement, improvement, maintenance, equipment, operation, regulation, and � protection and policing of the Dallas-Fort Worth International r�irport. This Cude shall � not be construed to waive or set aside any provisions contained in other Board approved � -3- ,�.-�. ��:� 4 . ' i ���.�� / I t je / � f rules or regulations not expressly repealed hereby or b�ther existing ordinances of any city e— � or any law of the State of Texas. To the extent of any'conflict between the existing or � future general ordinances of any city and this Code, this Code shall prevail only within � the boundaries of the Dallas-Fort Worth International Airport and not otherwise. �',, � SECTION 4. DEFINITIONS �', (1) AIR OPERATIONS AREA shall mean the area of the airport bounded by a ��� I' fence or to which access is otherwise restricted and which is primarily used or intended to be used for landin , takeoff, or surface maneuverin of aircraft, and related activities. � � (2) AIRPORT shall mean all of the land, improvement, facilities and developments within the boundaries of the Dallas-Fort Worth International Airport. (3) AIRPORT BOARD or BOARD shall mean the Dallas-Fort Worth International Airport Board. (4) AIRPORT ROADWAY shall mean those portions of the Airport designed � and made available temporarily or permanently by the Airport Board for vehicular traffic. �� (5) EXECUTIVE. DIRECTOR shall mean the Executive Director of the Dallas- � Fort Worth International Airport Board, or his designee. �� (�6) GROUND TRANSPORTATION BUSINESS shall mean the pursuance of the � ' n of trans ortin assen ers, material or baggage for hire, either within the , occupatio p g p g Airport or from or to the Airport and points outside thereof. (�7) PERMIT shall mean an official written instrument granting a special privilege and issued by the Airport Board. I� (�8) PERSON shall mean any individual, firm, co-partnership, corporation, association or company (including any assignee, receiver, trustee or similar '� representative thereof) or the United States of America or any foreign government or , -4- �w �:<�. , , . ; _J �, . � � � any State or political subdivision thereof. � ($9) RESTRICTED AREA shall mean any portion of the Airport to which no ingress is permitted except upon specific authorization by the Airport Board, such area � to be designated by signs where practicable. fi,:�, (�10) VEHICULAR PARKING AREA shall mean those portions of the Airport designated and made available temporarily or permanently by the Airport Board for the parking of vehicles. (��11) VEHICLE shall mean and include automobiles, trucks, buses, motorcycles, � horse-drawn vehicles, bicycles, pushcarts and any other device in or upon or by which any � person or property is or may be transported, carried, or drawn upon land, except aircraft and railroad rolling equipment or other devices running only on stationary rails or tracks. � SECTIOIV 5. LAWS OF THE STATE OF TEXAS � All portions of this Code shall be cumulative of all applicable civil and criminal � laws of the State of Texas. � � ��� � - � � � � � . � -5- *�.�. ��M,� U . ',' __ , ��� / 1 -� � � � � � � ��� d CHAPTER TWO _� � TRAFFIC REGULATION � � � �<�� � � I-� � -6- .� � .� . ^ - : _J /, , � i i � 1 I �i / j �. 1 CHAPTER TWO � TRAFFIC REGULATION PAGE � . . . . . . . . . . . .8 Sec. l General Law Governing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -��� Sec. 2 Traffic Control Installations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 ESec. 3 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Sec. 4 Employee•Parking Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 Sec. S Restricted Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 � Sec. 6 Passenger Loading Zones. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : • • • : : : : : : .11 Sec. 7 Loading Zones . • • • •12 Sec. 8 Impeding Flow of Traffic . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12 � Sec. 9 Solicitation of Ground Transportation. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : •12 Sec. 10 Inoperable Vehicles . .13 � . . � � � � ���, � � � � 1 J . . ��., _�_ �� . � . . ; / y ��� / , �� / 1 � CHAPTER TWO� � 1' TRAFFIC REGULATION �li SECTION 1. GENERAL LAW GOVERNING � All of the provisions of State Law governing the regulation of motor vehicles, �. ', including but not limited to Article 5701d of the Revised Civil Statutes of the State of � Texas, entitled "Uniform Act Regulating Traffic on Highways", Article 6675d-1, et seq. ��+� "Registration of Vehicles," Article 6687-1, "Certificate of Title Act", Article 6687b, r Ar i le 6701h Safet Res onsibilit and Article 4477-9a, Section 5.01, � Licensu e, t c , , Abandoned Motor Vehicles, are hereby eeclar�d to be in effect on the Airport Roadways, � as defined, except insofar as the provisions of the said Articles are changed by this Code � under the authority of $�¢;tX�d� z$ �� lJ�►��1�X� 6�01� State Law. � SECTION 2. TRAFFIC CONTROL IIVSTALLATIONS (a) It shall be unlawful to disobey any traffic control device, sign, signal, � 1 authorit of the Air ort Board. This , marking or insignia erected, installed or p aced by y p shall apply, when applicable, to both vehicular and pedestrian traffic. Insofar as possible, � all such devices, signs, signals, markings or insignia shall conform to the Manual and Specifications adopted by the State Highway Commission of the State of Texas, as set �� forth in Section 29 and 31 of Article 6701d of the Revised Civil Statutes of the State of � Texas. (b) Except for speed limit signs, all traffic control devices, signs, signals, markings and insignia as presently located, erected or installed on the premises of the Dailas-Fort Worth International ,�lirport, are hereby adopted, affirmed and ratified. � HereaTter, the Executive Director, or the person, officer or employee designated by him, shall conduct studies and investigations relating to all such traffic control devices, signs, � signals, markings and insignia, and in accordance with such studies and determinatiuns I -8- � �--�� -_ i �"_�.r /, . � � � shall make such changes as are deemed necessary in the interest of traffic safety. Such changes, when effected shall be entered upon an official r��i� �1� ���.V�li�g �X�k��►�� �� Yt'���� � ���i�� �� z�g���� �z�� ��� �����z��t r����g� �rx�¢�r�� �� � �� -��: � l��i�11 ��� ����XiX�� �� ��►�r�� ��►� �1�1� �� ���Xg�►���� ������1 �f�l��� e �� ¢►f�����6��71' record to be maintained by the Executive Director, or his designee. � Provided, however, the delegation of authority herein granted shall not extend to establishing or changing speed limits, whether maximum or minimum, but same shall be � established by the Airport Board according to the requirements of State Law as � delegated to cities by Legislative enactment. . . (c) Based upon the authority vested in the Cities of Dallas and Fort Worth by � Sections 169(b) and 170(b) of Article 6701d of Vernons Annotated Civil Statutes, the speed limits upon the streets, ways, passages and vehicular routes within the boundaries � and confines of the Dallas-Fort Worth International Airport are set, affirmed and ratified ���1�i� �� ��� fi�}� �1� (���� d�1���k��� ��1����� �i�� as described in ��� ���3�����i���APPendix [ � of ihis Code. Unless otherwise provided, the maximum speed limit on streets, ways, � passages and vehicular routes within the boundaries and confines of the Dallas-Fort � Worth International Airport shall be thirty (30) miles per hour. The streets, wavs, �" passaQes and vehicular routes, and their corresponding block numbers ��ithin the boundaries and confines of the Dallas-Fort Worth International Airport are set, affirmed, � and ratified as described in r'�ppendix fI of this Code. � In compliance with and in obedience to the above authority, the Dallas-Fort �C�'orth International Airport Board �fi�� �����r{�X��� �i��d� ��i¢ �S��X� �� �d� directs the Executive � Director to perform engineering and traffic investigations to insure that the prima facie maximum speed timits ��I��X� set forth in Appendix I are reasonable and safe under the � conditions found to exist at all intersections and other places and upon any part of the � Airport roadway system described therein, ���G��ig ��.4��� takir� into consideration the 1 -9- _�,� ��w� � �; . ; _ .�.._� j � i width and condition of the pavement and other circumstances on such portion of said Airport roadway system as well as the usual traffic speed limits thereat and thereon, which limits when appropriate signs giving notice thereof are erected shall be effective ' at any such intersection or other place or part of the Airport roadway system at all times , during hours of daytight or darkness, or at such other times as may be determined�. ��� � SECTION 3. PARKING ��°" (a) It shall be unlawful to park a vehicle or to permit the same to remain standing within the boundaries of the Airport except as such places and for such periods of time, and upon payment of such parking f�ee and charges, as may from time to time be ' prescribed by the Airport Board. Any vehicle which is disabled or which is parked in violation hereof or which represents an operational hazard at the Airport may be ', removed or towed away and impounded, all at the operator's or owner's expense and ' without liability for any damage to the vehicle which may ensue from such removal or towing. Such expense shall be a lien against the vehicle and payment in full therefor � shall be a prerequisite to the reclaiming of the vehicle by the operator or owner. The �'�, operator or owner of a vehicle which has been removed or towed awav and impounded by ', �.� ', authority of this section may seek informal review of such action bv Legal Counsel to the ' Airport Board within 48 hours of impoundment. ��� (b) The method of dispositiun of abandoned or junked motor vehicles or other vehicles shall be as set forth in t���b�� �11X ��41 �I�Il �d�iX�l�� Y7���� .�f�������� N1�1�►� Y��X�I� �X�flll Article 4477-9a of the Revised Civil Statutes of the State of Texas, �I insofar as same may be applied to the operation of the Airport. i SECT?ON 4. EMPLOYEE PfIRKING Af2EAS I A person commits an offense if he operates, parks or stands a motor vehicle within ' a parking area designated for employee parking unless aJ permit, decal, or other � -10- � � �..;�r , , ,, ' 1 � , , / , _i 1 / 1 ; , authorization therefor is prominently displayed on the vehicle or he gains authorized � � . access by means of a control mechanism. For the pur�oses of this section, prominent display of an authorized permit, decal or other authorization may be accomplished by � affixing said permit, decal or � other authorization to the lower left corner of the windshield of the motor vehicle. � SECTION y�5. RESTRICTED AREAS The Airport Board may designate Areas or Zones at the Airport as "Restricted � Areas," and may designate, by posting signs to that effect, areas in which only vehicles of a special kind or type, or which bear an authorized decal or other insignia, shall be � authorized to ark, stop, stand or operate, �h�6 �b���X�i� �Xg�� �� ��d�� ��1���� and �� $�h�XX �6� P � ��,J����iX ��� �i�i� �¢����i �� a person commits an offense if he operates or drives any vehicle or parks, stops or stands �yb�� a� vehicle in an Area or Zone so designated unless � such vehicle is ��� $��¢13�X 4�X1�� �I� ���� so authorized to enter or park, stop or stand in � such Area or Zone. The Air Operations Area is expressly declared to be a "Restricted Area". A person � commits an offense if he operates, stops, or parks a motor vehicle within the Air Operations Area, except with the prior approval of the Executive Director, or pursuant � to a lawful escort. The Department of Public Safety shall be authorized to remove anv vehicle which � is �arked in violation of this Section or where such vehicle represents an ooerational � hazard in or impedes the efficient operations of the Air Operations Area. � �ECTIO:�` $6. PASSENGER LOADIUG ZONES The Airport Board may establish zones for loading or unloading passengers to or � from designated vehicles at the Airport. Such zones shall be designated with appropriate � control devices, signs, signals, markings or insi�nia, and �� a person commits an offense ` -ll- J �:�<�. �� ` ', - ; w�� // � i h � a / � ' if he ��a�XX parks stops or stands any vehicle in any s�yi:.h Passenger Loading Zone �i�� ��h�XX � a�d��6 ��t���► �t�� �f $t��� ���b �b��X�X� Xd� �i ��t������f 11C�a��Xd�$ ���� except to load or .� unload Passengers, and then only if it is a vehicle authorized in such zone and only for the time limit established by the Board and posted in such zone. � � ', SECTION �7. LOADWG ZONES � The Airport Board may establish Loading Zones for the loading and unloading of "��' material at the Airport. Such zones shall be designated with appropriate control devices, signs, signals, markings or insignia, and �i� a person commits an offense if he $�i�(X� stops, stands oc parks any vehicle in a Loading Zone other than for the expeditious unloading , and delivery, pickup and loading of material by a vehicle authorized by the Executive I'� Director for such use. In no case shall the stop for loading and unloading of materials _ exceed the time limit established by the Airport Board and posted in such Loading Zone. '� � � $�¢xX��1 �S. IMPEDING FLOW OF TRAFFIC ', No person shall park, stop or stand a vehicle in any Airport Roadway, Driveway, II Ramp, Taxiway, Paking Area, Passenger Loading Zone, Loading Zone or in front of or , � near any extrance or exit to any building at the Airport so as to block, obstruct or II'� impede the free passage of any vehicles or pedestrians. "�Y�"�' �I . SECTIOI�1 $9. SOLICITATION OF GROUND TR,�NSPORTATION �I 11 �k��.1� �� �i���y(�t�bl f�►� �►��b ��►`��d� L1�?� person commits an offense if he solicits ground transportation business on the :qirport, or �yb picks up passengers or baggage for � hire on the Airport without a ground transportation permit from the ,�irport Board, or without having an Airport Board Concession, License or Franchise therefor, and, to the extent of any operations outside the Airport Boundaries, without a license, permit or i� franchise from any City through which said business is conducted if lawfully regulated by � ,� -12- �+� �,.,�, , . � "�'_�+ /� , ; � the ordinances of any such city. � � SECTION 10. INOPERABLE VEHICLES � A person commits an offense if he stores an inoperable vehicle on Airport �� premises. For purposes of this Section, an inoperable vehicle includes, but is not limited to, anv vehicle required by law to have a current registration or inspection sticker � attached or displayed upon such vehicle and which does not display such current registration or inspection sticker. Any type or kind of trailer shall be considered � inoperable if not attached to a motor vehicle. The Department of Public Safety shall be authorized to impound any inoperable vehicle found upon Airport premises. � � � � � � ! � � i � 4 � I -�3- 1 ��,.:� � : ,� • t w� / � � l � � � � � � � �_� CHAPTER THREE ��,� PERSONAL CONDUCT I� � j � � � ��� �� ,I f ,� , ,1 � . l _�4_ . ��� �.,� , - ; �� � ,. -, i I � 4� / 1 � ` � _ CHAPTER THREE � PERSONAL CONDUCT PAGE � Sec. l General - State Law . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Sec. 2 Restricted Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 Sec. 3 Animals. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16 � Sec. 4 Standards For Eund Solicitation.and Distribution. . . • • • . . • • • • • . • • • . . . • . of Literature •17 Sec. S Litter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .23 Sec. 6 Obstruction to Avigation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .24 � Sec. 7 Organizations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .25 Sec. 8 Camping, Swimming,•Picnicking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .26 Sec. 9. Noise . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 � Sec. 10 Table and�Chairs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Sec. 11 Food, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .27 Sec. 12 Pins, Etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 -� Sec. 13 Obstruction of Passage . . . . . . . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : .28 Sec. 14 Fraudulent Misrepresentation . .28 Sec. 15 Unauthorized Transfer of Authorization . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .28 � Sec. !6 Unauthorized Use of Authorization . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : •28 Sec. 17 Temporary or Permanent Residence .29 � � � • i 1 � � � - . � -15- F'YF,•,,;'M . ; / w�� � i 1 �� �n � �. � ' CHAPTER THREE F � � , PERSONAL CONDUCT � ��I SECTION 1. GENERAL - STATE LAW ' The provisions of this Chapter shall not be construed as limitations upon the civil or � �'i criminal laws of this State which are in full force and effect within the areas under the �,�� ' control and jurisdiction of the Airport Board. SECTION 2. RESTRICTED AREAS � (1) The Airport Board shall have authority to designate "Restricted Areas" within � the Airport. The Air Operations Area is expressly declared to be a "Restricted Area." (2> X� ���.X� �� �h�1����6X v�lt���� ����XiZ� ��bt���X��iX��► ����fi ��� 9�Xf���� ���t�l t� � A person commits an offense if he enters or travels, in a vehicle or on foot, upon any � area designated by the Airport Board as a "Restricted Area," without specific � i n from the Executive Director or ursuant to a lawful escort. A erson authorizat o P authorized to enter a "Restricted Area" commits an offense if he enters or exits at any ' location �vhich is not designated for entrance to or exit from such "Restricted Area". `'R'"'' � (3) X� ���.�1 �� �i�1��✓��dX ��►� �.�� ��►���d� 1ut�� X� �b���► A person commits an offense if ,��,� ' he is found within any Restricted Area of the Airport �� and fails or refuses to produce � ro er identification upon the request of an Airport Public Safety Officer, or any other , P P � authorized representative uf the Airport Board. SECTION 3. AN[MALS � .� person commits an offense if he X� $�h�Xl` k�� �i�l�v��►�� ��b brings any animal on the , Airport, or �� permits or causes the same to be brought thereon; provided, however, that � this section shall not apply to a "seeing-eye" dog accompanying a blind person, or to � -16- � �,.�� �� ' � - ; , �+--�r // � 1 � animals properly confined for shipment or to animals used for law enforcement ur oses. � �1� �� �1�X►��►X$ ��i��Xf��41 �1� �I�X�d��� ►����I� �'����X��� —, � $��x��� �X� ��X� �� ��Y��1�X �� ��X�¢X� �161��$ �I� �4����X4�� �� �'d�Xl�� ��l� �i�� ��f���� �� 16�� -���� �zr�mri �t����t � ��t�t►zt ��m� t�� a�z����� ���r� ���� t� ��� ��t��t m� ��� ���r�tz��� 5 �►�t�X�� t�� �zt��►'t �������X��l v�Xt��,�t �. ��f�X� tt��t► �.v��6 �X�� X� �� i����g� v��X�� ��6��s ���r�zr��� �t� �����¢t�� �� r�,���XX� ��g�X���� �� ��� ��mr������ mt ��� ���� �r��� �z� 1� ��►�.IX �� ►�d���v���6X �� ��tl �� ����� ��f ��t� ���6 ��'�t�X� �� fi��'���d►�X�� �d� t�� -� �+Xt���t v�Xt���bt � ���fiXil �������X�� �� if����X�� t��� t�� 9+X���f� ���.t�l �a� t� ���Xr �� �v�t��r�� tm ��tz¢t� ��� �,��z���� �� tr���� z�����z�g �t������t��zm� �r ������� �t ��gg�g� ��� Kl�� �� t�� b�X�����E v�lt��►b� � ��t�lil �������1�� �� x�����1�� t►'�� � t�� �+Xf���t ���.t�l ���1 t� ��� �����►� �� ��� �����iX��� ��d��X�� t�� 9�X����� ���d����X��l r��Xi���ht � ll��d���l ���fiX� �f �t#✓���X�� it�r� ���' �1i�6 i������ v��l�� ��X� �►��X���� �� �t��� X� ������t�� Xi I�v���6X1� ��g���.i�� �� ��� ���X�►�d���� �� �.��6 ��6�� �X��61 � SECTION b 4. STANDARDS FOR FUND SOLICtTATION AND DISTRIBUTION OF LITERATURE � (1) Definitions: � (a) SOLICITATION is defined as seeking money donations or donations of � anything of value from the general public. (b) LITERATURE is defined as books, pamphlets, handbills, tracts, cards, � � circulars, pictures, films, magazines, or any other items. � (c) TERMINAL SECTIOIV is defined as the Connector Building between Airport Terminals 2E and 3E and the A, B, and C Sections of Level 2 of Terminals 2E, 3E, � 4E and 2��-. (2) Permits: No person may solicit money or anything of value ur distribute � literature without a permit issued by the Executive Director or his representative. .�n � application shall be submitted to the Executive Director at least three (3) davs in ad�•ance u2 tne first day sought for-solicitatiun and/or titerature distribution, excluding � Saturda��s, Sundays, and legal holidays, and shall include the following: (a) the full name and street address of the applicant; � (b) the full name and street address of the organization sponsoring, � conducting, or promoting the solicitation qr distribution; ; -t7- _�,,<�. �� • : �'—,� /I � � ' (c) whether the sponsoring organization is a branch or division of a national organization and, if so, the name and street address thereof; (d) if the sponsoring organization is a Texas corporation, a copy of its � Corporate Charter, as amended, shall be furnished; if it is a foreign corporation, a copy of its Authorized Certificate to do business in the State of Texas shall accompany the �� application; (e) the purpose of the solicitation; ��� (f) the date or dates and hours of the solicitation and/or literature distribution. (3) The Permit will be issued within three (3) days of receipt of the Application, excluding Saturdays, Sundays and legal holidays; provided, however, that a permit application may be denied or a permit granted hereunder revoked if one or more of the � statements in the application is found to be untrue. � (4) Time, location and manner: When permits are granted, the following rules and � standards will apply: (a) location: Permittees will not be permitted to conduct the activity for � which the Permit is issued. (1) in Airport roadways, (2) inside airline gate departure lounges, (3) in areas restricted to airline or Airport personnel, (4) in restrooms, (5) in � � premises leased to a concessionaire, (6) in stairwells, staircases, elevators or escalators, ��� � (7) in baggage claim areas, or (8) in any area temporarily or permanently restricted for security or construction reasons to necessary personnel. Permittees may not conduct such activity within ten (10) feet of any ticket counter, departure lounge check-in counter or securit�� screening point, nor may Permittees solicit from or distribute literature to any person waiting in line at those areas or loading or unloading baggage from a public or private vehicle. (b) Permits will be issued for a period of not more than thirty (30) days. (c) manner of operation: � -18- , � �.:,,� . . � /; , _J i j '/ � 1 (aa) a person may not engage in solicitatio� or distribution of literature '��' � unless he wears a badge, nameplate, card, or other persbnal identification on his upper torso and clearly visible to the public. That identification must state the true and � correct legal name of the person and the organization or ca�se represented. �:� (bb) a person soliciting or distributing literature shall, in that connection, obey all applicable State and Federal laws and all applicable R�les and Regulations of the � Dallas/Fort Worth International Airport Board. (cc) Solicitation of funds and distribution of literature may be conducted � from tables at the following ���rf�$ locations and subject to 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 newsstand _r 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) Terminal2E � (i) Inside security, in alcove bet�veen gates 7 and s. � (c) Terminal3E (i) Outside security, in 2ront of glass �tall be:ween .�-2 � escalator entrance and telephones. (ii) Outside security, in front of glass ���all between A-4 � escalator entrance and telephones. � . . [ -19- J �,�,.,�, � - ; ; �-_.r j . .. i � / 7 � (iii) O�tside security, in front of gl�ss wall between B-2 � ° , escalator entrance and telephones. — (iv) Outside security, in front of glass wall between B-4 � escalator entrance and telephones. (d) Terminal4E �� (i) Inside security, in front of windows bet���een Gate 3 exit and telephones. . ��� (ii) Inside sec�rity, in alcove opposite flight information display monitors between Gates 8 and 9. (iii) Inside security, in frorit 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 uutside the ��iew of the person or persons auth�rized b�� � �ermit tu set up the table. (c) Tables permitted hereunder shall not be more than three (3) teet .��w� 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(�� cc) (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 located. A table placed at the locations described in 4(�4! cc) (b) (i) and (d) (ii) shall extend no more than one (1�) foot into the concourse from the -20- . � ��;� - ; _..a / / i � � alcove in which i� is perr7��tted to be placed. � (d) Placement of tables at the locations herein perrnitted shalt be an 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 perii�itted 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 �� 13 of Chapter � Three of the Code of Rules and Regulations of the Dallas-Fort Worth International � Airport Board. ���) (dd) No more than 3 persons authorized by permit to solicit funds or � distribute literature shall be authorized to do so in the secure area of a terminal section at the same time. Each person wishing to distribute literature or solicit funds must: � (1) Obtain in advance one of three dated tags for the terminal section � in ���hich he desires to solicit f�nds or distribute literature such tags shall be a�ailable fr��cn i:OG a.n�. �0 5:G0 p.m. on a first-cu�,�e Tirt- �'"' served basis at Station One of the .�irport Departrnent of Public Safety on and for each day that the person desires to solicit funds or distribute � literature. Only three tags shall be made available per terminal section � per day. No person may hold more than one tag at a time. Only the person obtaining the tag as described above may use it. � (2) Return the tag for one terminal section before obtaining a tag for another terminal section on the same day. � (3) Display the dated tag on his upper torso, clearly visible to the 1 public, while engaged in the permitted activity in the terminal section -21- -�� ,� � - : w�.� / il M � and on the date to which the tag pertains. 1 ���7 (ee) A permittee commits an offense if he stores any literature or any items used in connection with his literature distribution or solicitation of funds in any � public use are of the Airport's terminals. All such literature and material shall be � carried on the person of a permittee �vhile inside an Airport terminal building; provided, �9� however, that �vhere the solicitation of funds or distribution of literature is conducted � from tables under Section �$ LO of Chapter three of these Rules, the literature or „�;� ' material may be placed or displayed upon the permittee's table. �5) Appeal of Permit Uenial or Revocation: 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 legat holidays, furnish the Applicant a written � exptanation 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 that the Permit was properly denied or revoked. Within five (5) days following receipt of such request, excluding Saturdays, � 1 al holidavs the Board must a 1 to either the United States District Sundays and eg , , pp Y � Court for the vorthern Di�trict of `I"e�as or the appropriate Te;�as District Court for a judicial determination that the application �vas properly denied or revuked. The Board `'"�' � has the burden of showing that the Application was properly denied or that the Permit „�,�, � was properly revoked. Upon a �udicial determination, an interim permit will be issued and continue in � force pending an 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 i� Application for the original Permit may be carried on as if the original Permit had been � -22- � ��:�� � ,, . � —~--_..r // � 1 1 ^ ,, / � � issued, subject to the same restrictions and obligat�ons under this Ordinance as other 1 permitted activities. The Interim Permit shall be valid pending a decision in the district - court, on any appeal thereof. It shall be a defense to a charge of soliciting or � distributing literature without a permit that an appeal or judicial determination �,,� hereunder is pending. � � � � $�.�XX�4� 6l $X��$ X� ���XX �� ►6✓���.r��►�� t� ���tl �X���X���� �� �X��1��6 �X$�l ���b��tX������1 ������X�l � �X��r61�� �� ��X���� ��' v�tXtt�� ��t��t �� � ���h►��t�X�.� ��.t�h�� �t t�� 9+X���f� v���V���61 � ��►'rt�lt t��fi 1��� �Xt`1���'t ���►+�l . � � S��xX�� 1l ���7b�a�XX�4� ��' �b�����x�' Xi ���XX �� ►6�X�v���X t� �������1 Xd�d���l ������1 �X��►���1 ��6�ll�t�l ►�����t� ���h��� � ��t� �� X� �.�� fi����t �� ��.�� Xd� �d►�6 v���6 �� ��� �►blz���gt �X$�l ��rel��►��tl fi��l��� �f ����� �t�������� �c�,��r� �r��� ��r��� ��,�� �� ��� ����� ���r �t �������� ������t� �� t�� � �tt��ft� ,�a��t��� ���tt� �r ��z���� �����t��� � ���xr�� �� x����z�� �� ��a��x� � r�7 tt �a���t �� ��t����� t� ����� ��� ��a�¢� �r��► ��� t��fiz��r ��z����g m� ���� ��� ����� �,�XX�X�g �t �t��b¢���� �� t�� �X����zl � ��7 It ���lZ �� �bd�X�r���61 t� t���� �d��d ,h�a��� tf�� �d��' ���X�X� �d� t�� .�X����tl 1 ITT R SECTION $ 5. L E � A person commits an offense if he X� �k��XX �� I�d�1�1��1�X �� places, discharges or deposits in any manner any litter, offal, garbage, trash, debris, junk or any refuse un the � Airport, except at such places and under such conditions as the Airport Board may, from Ltime to time, prescribe. � l _�3_ A�. � ��� . 1 .���.J / 1 j, / . � S��Tl�4� �l b���'�D�9��C x� �9�X �'�b� ��4��1��8 ` ��� X� ���XX �� �6�X�v���61 �� �b�XXI�� ���6 ��XI i��XlX��6l �� t� t�1�� �t �����i �d�� g���� �� � ����b���� ���� ���6 ��d�����X��l ����1 �����rb����� ����t�fX�.l ��X�f���f�i�� ►����z��l �t ��a��� �►��X���� �� t�� �Xt���t �vtt���t ���XitX�g �t���� ��.�►���t ��������1 �,� 8��?X�4� l0l Vv����4�� 9+d�� ����.�SXY�S �i ���XX �� ►b�►l�v�t�61 f� ��.��� �.��6 �f��X�X����v������► �� �#�X��X��l �� ���X��� X� ��� �.�� ����X ���� �t t�� St�:�� �x X����l ��► i�� �Xt��f�i �i��bX���l ��v����tl i��t � �����d► ���� d��t ��r�fiXi � �bt�l�it�d� �� t�l� ���tX�� Xt �►� l� �� ��iX��t ����Xi���X��6 ��6����1��� ��6 �t�t� �� i�����.X X�v� t� �����6 ���� v������ �� ���l���X�b�l �� 1� ��X��Xd�� ��X� v������ �� ���l��X�b� X� ����t����� v�X�� ���.i� �d�� t�����1 f�bX�� ��� t�g�X��l��� �i v����� ��1� ������ ��� ���d� gz��� � ����zt �� �a�� ������z�� �z������ �� ���r� ���� ,������ �� ������r��� ������ ��f �t�z¢��� ����z�z��z�� ������z��� �� ����� �� ����r�X �.�� �� �� ��� �� ,����� ��fi� r� ���� �� � 1�$X�X��.t� ��X����►t �� ���Xg�►tl �t �� �. ���fiX� ����► ��� �X����t �����1 9��� �����d��l �t�►�� tp��.� ����� ��������1 ���IXI v��ll� �� ��� A�X����il ��b�t����t �XX ��6�� ��l��f� f� ��� ��t��tX��� �Xt���`t ��xX�X�XI � S���X�4� �ll �Xb�� �'X��t7X4�� �9�V�X�M��T t� ���.Xt �� ��t�,���z �� �m��� �z������ ��x���� z�a��� m� ��fi��� ,��zi� ��� �zr� �:�� �'Xg�tld�g �� ��ttXfig�bX��Xd�g �d�►61�rt���� �d� tk�� .�X�'���t ��t���t 1�� �.�btk���X��� ��►���d�d��tl �� r����� � t��b� ����$�d��� ��tX�t�l SECTION � 6. I�XX�$ OBSTR�CTION TO .AVIG.'�TION �� ���.XX �� 1h�il�yG"��bX ��A person commits an of�ense if he operates or releases an�. , kite, balloon, model aircraft, model rocket or parachute, or other such contrivance upon or above the Airport without written permission from the �j¢���� ����� Executive Director. -24- ..+. �;�, - ; _,J /, , 4 � t � � SECTION �� 7. ORGANIZATIONS (1) X� $���X �5¢ �i���yG�}hX �� A person commits an offense if he conducts or � participates in parades, marches, patrols, demonstrations, assemblies, or �� �1��►�Xlh�d�� �„�� ��rfi�S�X��� �� ���i�f rf���¢�j�X�� �¢ �� carr}6ies or displays signs, handbills or placards on the E Airport, unless a Permit has been granted in response to a written request to engage in � any such activity. Such written request must be submitted to the Airport Board at least three (3) days in advance. The written request required herein shall state: � � (a) the full name and mailing address of the person or organization sponsoring, conducting or promoting the activity; � (b) the purpose or sub ject thereof; � (c) the date, hours, and exact Airport location for which the request is made; and � (d) the approximate number of persons who will participate in such activity. � � (2) The Executive Director shall grant a permit within three (3) working days of � receipt of an application. An application for a permit may be denied or a permit granted hereunder revoked if one or more of the statements in the appiication is found to be � untrue. X� ���X� �� 16�X�.���X� A person coinmits an offense if, while engaging in any activity � _ _ •� described herein, �� he prevents or interferes with access or egress from any r'�irport � facility or premises, and no person shall in any manner by words or physical force assail, coerce, threaten or disturb any rf��r}��i�� �j ��� ��b1�lX� eP rson, nor shall any such activitv Jpreventj or interfere ���ith, ��rh�¢� �� ¢1bl���X� the conduct of business at the Airport. Permittees will not be permitted to conduct the activitv for which the Permit is issued � (1) in Airport roadwavs, (2) inside airline gate departure lounges, (3) in areas restricted to � airline or Airport personnel, (4) in restrooms, (5) in premises leased to a concessionaire, -25- �� � , - ; � , "'__"r / ; � � 1 (6) in stairwells, staircases, elevators or escalators, (7) in baggage claim areas, or (8) in � any area temporarilv or permanently restricted for security or construction reasons to necessarv personnel Permittees may not conduct such activity with ten (10) feet of any � ticket counter, departure lounge check-in counter or security screening point, nor may Permittees conduct such activities from or distribute literature to any person waiting in rw�, line at those areas or loading or unloading baggage from a public or private vehicle. Permittees may not carry pickets or other similar signs, or devices with a dimension that �•a� exceeds the Permittee's height or width inside Airport Buildings. Any conf lict between this rule and applicable State law shall be resolved in favor of State law, provided that State law impresses more stringent requirements on the conduct regulated hereby. $��TX�d� ��l XM��b���t��XT�� �� ��'�X��b� �l7 Xt ���11 �� ��l�r���b� ��f ��� ��i��d► �� ��l��X� t�������►t KXfi��Xt �� �� ��► ��iX��t �t ��� �1����� �A���►�tfi��t �� ��b�XX� S�i��� ��b �����1 �� ��6 v����Xd�� ��� �����1 X�►�1g�X�l �� �d�X��t� �� �l���1�6 ���hXl�� t� t��.t v����► �� ��� fi��fi���� �� t�� �X����� ����ti�t►�d►i �x � ���zr¢ ��r��� �� �m �� �z������ ���r��mr� ,�z�� ��� �����t t� ��x��t� ��������t �tfi���r �m �� � fi����r t����,�r� � lz7 4�� ������► ���XXI �Xt���b� ��X�g �►�l� ��b����X��� �� �d►� .9�X����t �����1 �����X�� �� �it�rt��t i� �#�►��X�� �d�� �� ��� ��btX��l t�bd��tX�d��l �� ��v���� �l �d��b 9�X►����t �����►�d��ll ��� SECTION j� 8. CA�4PING, SVG'IMtitI\G, P[CtiICKING /� gy��J� �� �6�fiX��•��� �� A person commits an offense if he uses ,qirport premises for the purpose of camping, athletic games or contests, fishing, swimmino, or hunting or picnicking unless a Permit therefor �� has been granted by the .�X►��d�►�� ���1"� Executive Director. ' J _26_ ��.� a ,� - : _...i // { 1 `� ( 1 � ��.�xx�� ��� ���x���,���� ������x���� ��� ����� � � ��7 X� ���Xl �� �dv�X�r���X z� ,�t1XX�� ���t�g����X� �f fi��lv�g �X�i,d�� ��,�z�fi��t t�� - ��� �,������ �� �X��►���ft��X�g �� fi��X�g �X�t��� ���b�������� X� �� ���� ��� ���� I ���zg����� �� � r�����r�r�� ����r ,��r��z� ��� �z���r� ��X��� ���� ������ ��� ����z��� � ,��, ����Xt r��b�h t�� 9�X�"���t ��6���1 ��Y Xt ���XX �� ��l�r��f�6! t� �h�� t�� �X�'�,��� ����t�X��� 1�� ��� ��bf���� �f �d�� �` ���t�T���¢X�l �� ��X��.�� ���i�gt���X�l ����.1�X¢�X �" ���X�g �X¢t��� ���m�a��X�� v�Xt�,��t � ���`fiXt it,�� i�� l�X����� ����'�l � �ay Xt ���Xt �� ����vc�r,�� tm ��as�,a¢� ��Xt�� ��z�zm�s ��t����� ���� Xz�tz�g�� �� t� � ��XX�Xt �.�� ����t ��►�fi���X�l ���� �� Xd����fi��X�d� �� 9�X����� ����1��8 v�Xt���6t � ���►�lt ���fi t�� �+X����t �����1 � SECTIOI�' �7 9. NO[SE � Xf ���XX �� t�1�X�1�"��X �s�l� ��� ��I���d� ;f�A person commits an offense if he � knowingly makes unreasonably loud or raucous noises, considering the location, inside terminals or other Airport buildings. �� SECT[O� �$ 10. T�BLES r�tiD CH.aIRS '�� Except as provided in Section 4(q!� cc) of Chapter 4 of this Code of Rules and Regulations, a person commits an offense if he places or maintains a table, bench, chair, � stool, easel, tripod or other item designed or adapted to serve similar purposes on Airport � premises not leased to that person by the Airport Board for commercial or traveler's aid purposes. � SECTION �� 11. FOOD, ETC. � X� �k���X �� �bi�X�1��1�X ��1� �.�� ��f��� �� A person commits an offense if he � distributes any food product at the Airport except from premises leased to that person by � -27- ���. �,�,� � i ...�_� / � � I / � � ' the Airport Board for that purpose, or pursuant to a`�ermit issued by the Executive I��, Director. f � SECTION z� 12. PINS, ETC. � X� $��XX �� i�i�X�V��4�� ��I� ���6 ��l���i� 1�A person commits an offense if he pins, ,�,,,� ' ties, or otherwise attaches any items on the clothing, luggage, body or vehicle of any � person at the Airport, without such person's consent. �'�""` � SECTIOIV �� 13. OBSTRUCTIOIV OF PASSAGE Xt ��►�XX �� �hd�X�v�f�iX ��f ���b ��t`��� �� 1�� 9�Xf���t �� A person commits an � offense if he knowingly obstructs the free passage of other persons along Airport �'��, sidewalks or into, out of, or within Airport buildings. I�� PRESENTATION SECTION 14. FRAUDULENT MISRE I� A person commits an offense if he fraudulently misrepresents any material '� fact in making application for any permit, authorization or device issued by the � Executive Director. � � �� SECTION 15. UNAUTHORIZED TRANSFER OF AUTHORIZ.qTION `�`'�" � A person commits an offense if he sells, convevs, grants, or transfers any decal, device or other authorization ranted bv the Executive Director to another person, � without �rior written consent of the Executi��e Director. SECTION 16. UNAUTHORIZED USE OF AUTH�RI�.�TIO� A person commits an offense if he possesses or controls any decal, , authorization or device not issued to him by the Executive Director or which has I'i� previouslv been reported as lost or stolen. For the purposes of this section "decal", � � -Zs- � �.;� , > , . : ��—_.r �' . i � � � "authorization" or "devise" shall include, but is not limited to, any ticket issued for parking control within the Airport premises. � �"°�" SECTION ll. TEMPORARY OR PERMANENT RESIDENCE � A person commits an offense if he resides in or upon Airport premises. As used in � this section, "resides" shall mean intent to establish a temporary or permanent domicile, but shall not include any residence in any space expressly designated by the Executive � Director for such purposes or any period of time during which an Airport patron awaits � connecting f lights for which such patron holds validly issued tickets. � � � � � � � � � � � -29- _�,,..,, . � . � _J j� . � � � � . � ��� � �s� CHAPTER FOUR � TAXICAB RULES AND REGULATIONS � � � +�:� � � � � . � —30— wM�w �, �v t ' - : `�f�__� / � i . � / � `, , ',� 1 � � ARTICLE I GENERAL PROVISIONS PAGE ��-� � Sec. l-1 Statement of Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 Sec. l-2 Authorityfor Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 Sec. l-3 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .33 � ARTICLE II• OPERATING AUTHORITY � Sec. 2-1 Operating Authority Required. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Sec. 2-2 Application for Operating Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .36 Sec. 2-3 Renewal of Operating Authority . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .37 � Sec. 2-4 Denial of Application for Issuance or Renewal . . . . . . . . . . . . . . . . : : : : : : . .38 Sec. 2-5 Suspension and Revocation of Operating Authority . . . . . . . . . . . . . .38 Sec. 2-6 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 � Sec. 2-7 Fees; AnnualIssuance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .39 ARTICLE III 1 TAXICAB DRIVER'S PERMIT Sec. 3-1 Taxicab Driver's Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .40 Sec. 3-2 Qualification for Taxicab Driver's Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . .41 ISec. 3-3 Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .45 1 Sec. 3-4 Investigation of Application .45 Sec. 3-5 Issuance and Denial . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 � Sec. 3-6 Expiration and Voidance Upon Suspension or Revocation ofState Driver's License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .46 Sec. 3-7 Provisional Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 Sec. 3-8 Probationary Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .47 �""`` Sec. 3-9 Duplicate Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 Sec. 3-10 Display of Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .=:� �ec. 3-I1 Suspension by Designated Representative . . . . . . . . . . . . . . . . . . . . . . . . . . . .43 lSec. 3-12 Suspension . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .49 � Sec. 3-13 Revocation . •�� Sec. 3-14 Taxicab Operation After 5uspension or Revocation . . . . . . . . . . . . . . . . . . . .�1 { Sec. 3-15 A ppeal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�1 ) Sec. 3-16 Falsification of a Permit; Transfer of a Permit . .�t Sec. 3-17 Current �'vlailing r�ddress of Permittee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�2 I ARTICLE IV � MISCELLANEOUS HOLDER AND URIVER 12EGl;LATIONS ( Sec. 4-1 Holder's and Driver's Duty to Comply . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�2 Sec. 4-2 Hoider's and/or Owner's Duty to Enforce Compliance by Drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .53 � Sec. 4-3 Driver as Independent Coniractor• : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : .53 Sec. 4-4 [nsurance .54 � -31- ,,�,,. �� - i � ���� / i i ;' / � ' .55 Sec. 4-5 Holder's Service Responsibilities . . . . . . . i �. . . . . . . . . . . . . . . . . . . . . . . t 1 ARTICLE V �+ SERVICE RULES AND REGULATIONS I ' Sec. 5-1 Driver's Daily Manifest . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .56 � Sec. S-2 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 Sec. 5-3 Loading and�Discharge of Passengers . • • • •57 "��` Sec. S-4 Cruising the Airport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .57 Sec. 5-5 Representation of Availability of Taxicab . . • • • • • • • • • • • • • • • • • • • • • • • • •57 �', Sec. 5-6 Refusal to Transport Passengers . . . . . . . . . . . . : : : : : : : : : : : : : : : : : : : : : : : •57 � �� Sec. 5-7 Passenger Limitations . . . . . . . . . . . . . . . . . . . . •58 ' Sec. S-8 Carry Passenger by Direct Route . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .58 �!I Sec. 5-9 Solicitation of Passengers . . . . . . . . . . . : . . . . : . . : : : . . . . . . . . . . . . . . . . . . •58 Sec. 5-10 Regulations for Use of Taxicab Stands •58 �'� Sec. S-IL Conduct of Drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .59 Sec. 5-12 Return of Passenger's Property . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 � Sec. 5-13 Service Regulations for Business Establishments , Requesting Taxicabs for Customers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .60 �I ARTICLE VI FARES Sec. 6-1 Rates of Fare; Display of Rate Card . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 � Sec. 6-2 Computation of Fares . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .61 Sec. 6-3 Design and Testing of Taximeters . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .62 � Sec. 6-4 Fare Collection Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .63 ARTICLE VII � ' VEHICLES AND EQUIPMENT � Sec. 7-L False Representation as Taxicab . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 �' Sec. 7-2 Vehicle Requirements and Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .64 '�'" � Sec. 7-3 Required Equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 Sec. 7-4 Taxicab Decals .66 �.,,,� Sec. 7-7 Off Duty Status of Taxicabs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .67 � ARTICLE VIII Eti'FORCEI1ENT I� Sec. B_1 Authority tolnspect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 Sec. g 2 r�ssistance by Airport Department ot Public �aiety •�3 Se��. S-3 Correction Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .65 1 Sec. 3-4 Service of Notice. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 69 Sec. s-� �ppeal . .70 Sec. 3-6 Criminal Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .70 I�I ,I . ! -32- ��� ', � �. �. 1 �, , , _J // i 1 � 1 � ARTICLE I �,��� GENERAL PROVISIONS 6 � � SECTION 1-1. STATEMENT OF POLICY It is the policy of the Dallas/Fort Worth ���X���X International Airport Board and � the cities of Dallas and Fort Worth to promote adequate and efficient taxicab service at -� the Dallas/Fort Worth �t�g����j International Airport. To this end, rules and regulations for taxicab operations on the airport are developed to protect the public health and � safety and to promote the public convenience and necessity. � SECTION 1-2. AUTHORITY FOR ENFORCEMENT � The director of ¢�d���6r}��¢ ��f�bX¢¢� T'ransportation for the city of Dallas is designated as the administrator of the Dallas/Fort Worth �t�gj�i��X International Airport � taxicab rules and regulations. The administrator shall implement and enforce the ruies and regulations and may by written order establish procedures, not inconsistent with the lrules and regulations, which he determines are necessary to discharge his duty under or � to effect the policy of the rules and regulations. � �E�TIO�V` 1-3. DEFWITIONS The definition of a term in the ruies and regulations applies to each grammatical Ivariation of the term. Unless the context requires a different deiinition: � (1) ADMINISTRATOR means the director of ���fi$�r�����¢��GX¢�� Transportation � -33- , i ��-,,..„ � • � w_�� /i r I 1 � � for the city of Dallas, or his authorized agent, with the responsibility of implementing � and enforcing the Dallas/Fort Worth �¢gj���� International Airport taxicab rules and regulations. � (2) AIRPORT means the Dallas/Fort Worth bt��j��i�X International Airport. � (3) AIRPORT BOARD means the Dallas/Fort Worth bt�g����lX International �� Airport Board, the governing body of the airport. ', (4) CENTRAL TAXICAB QUEUE means the location from which taxicabs are ��� dispatched to specific airline terminals or other locations on the airport. ', (5) DRIVER means an individual who drives or operates a taxicab. I� (6) HOLDER means a person who �is granted operating authority to provide ' taxicab service at the airport. � (7) LE.GAL RESIDENT means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws. � (8) OPERATE means to drive or to be in control of a taxicab. � (9) OPERATING AUTHORITY means permission granted by the administrator to , operate a taxicab service at the airport. �I� (10) OPERATOR means the driver of a taxicab, the owner of a taxicab, or the I � ' holder of a taxicab operating authority. ' I (11) OWNER means the person to whom state license plates for a vehicle were +�ti� 1 issued. 1 (12) PERSON means an individual; a corporation; a government or governmental � subdivision; or an agency, trust, partnership or two or more persons having a joint or common economic interest. I ', (13) RULES AND REGULATIONS means the taxicab rules and regulations ( established under ����X�d� �l fT��X��kh ���f��X�►��Y ��t �l���t�� Xv��l Yb����dX�1X�d� �f ', v��z¢l��lr ���� �t ��X�� ��� ��g�X��X��� �t ��� ��lX��/���� v����� ��gz���X X�t�����z���� I lJ�X����'� �����` �� �r���i���. Chapter 4, "Taxicab Rules and Regulations," of the Code of 1 } -34- ..�.�, �.„�: ' ' 1 '1'�-�_.J /, � � / � � . Rules and Regulations of the Dallas/Fort Worth International Airport Board as amended. � ;, 1 (14) SERVICE AREA means the area made up of�the counties of Dallas, Tarrant, - � Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Denton and Collin. � (15) SUBCONTRACTOR means any taxicab driver who has subcontracted with a -��� holder to provide taxicab service at the airport. d (16) TfIXICAB means a chauffeured motor vehicle with a rated passenger capacity � of eight or less, used to transport persons for hir'� that typically operates on irregular routes, irregular schedules, and a call and demand basis, but not including limousines or � buses. (17) TAXICAB DRIVER'S LICEIVSE means_ a license issued to an individual by the � rimar cit or olitical subdivision under which the driver is authorized to operate a P Y Y P � taxicab. (18) TAXICAB DRIVER'S PERMIT means a permit issued to an individual by the � administrator authorizing that person to operate a taxicab at the airport. � (19) TAXICAB SERVICE means a passenger transportation service operated for � hire that uses taxicabs in the operation of the service and includes, but is not limited to, � a facility from which the service is operated, taxicabs used in the operation, and a person � who owns, controls or operates the service. � (20) TAXICAB STAND means a public place reserved exclusively for use by taxicabs and includes all authorized taxicab queuing and holding areas. � (21) TAXI�'�IETER means a device that mechanically or electronically computes a � fare based upon the distance traveled, the time the taxicab is engaged, and any other basis for charges which are specified in the operating authority or rate ordinance � pertaining to the holder. � � . . � -35- ��.��,, - : , �—_J j/ ' t ;' / � �,c: ARTICLE II OPERATING AUTHORITY SECTION 2-1. OPERATING AUTHORITY REQUIRED ,,,� (1) A person may not operate a taxicab service at the airport without operating authority granted under the rules and regulations, nor may a person transport a passenger '�� for hire at the airport by taxicab unless the person driving the taxicab or another who ' employs or contracts with the driver has been granted operating authority under the rules and regulations. � � (2) A person shall not engage or hire a taxicab which he knows does not have operating authority or another form of permission from the administrator. (3) Operating authority may not be transferred to another unless the holder files a written application for the transfer in the manner and containing the information prescribed by the administrator. (4) Subsection (1) shall not apply to a taxicab service operating at the airport for the purpose of: � (a) terminating a trip that lawfully originated in another city or political subdivision; or �"`�'` (b) originating a trip that has been prearranged by a passenger and authorized by the administrator. SECTION 2-2. APPLICATION FOR OPERATItiG AUTHORITY _ ' (1) To obtain operating authorit�:', a person shall make application to the administrator in the manner prescribed by this section. The applicant must be the person who will own, control, or operate the proposed taxicab service. An applicant shall file with the administrator a written, verified application statement containing the following: -36- �� � .�� . � _.J / , i 1 � (a) the form of business of the applicant and, if the business is a � corporation or association, a copy of the documents establishing the business and the name, address, and citizenship of each person with a direct interest in the business; � ( (b) the name, address, and verif ied signature of the applicant; ��.,�, (c) the name of the city from which the taxicab company applicant is authorized to operate a taxicab service and a copy of that city's document authorizing �"' the taxicab service; 1 (d) the number of vehicles and description of the vehicles the applicant � proposes to use in the operation of the taxicab service; (e) a description of the proposed insignia and color scheme for the � applicant's taxicabs and a description of the distinctive item of apparel or item placed on � the apparel to be worn by the applicant's taxicab drivers; (f) documentary evidence from an insurance company, authorized to do � business in the State of Texas indicating a willingness to provide liability insurance in the amounts specified; and i (g) any additional information the administrator considers necessary to the � implementation and enforcement of the rules and regulations or the protection of the � public safety. �� (2) An applicant for operating authority must be authorized to operate a taxicab service in a city whose corporate city limits or portions of the corporate city limits are � within the service area. � (3) An applicant for taxicab operating authority shall qualify for a ta�icab driver's permit in accordance with this chapter. � (a4) Within a reasonable time from the date of application, the administrator shall approve or deny the application for issuance of a taxicab company operating authority. I 1 SECTION 2-3. RENEWAL OF OPERATING.AUTHORITY 1 � -37- �..:,,. - � "'_—_� / �'' . � �' (1) A holder shall apply for a renewal of his operating authority at least 30 days � before the expiration of the operating authority. (2) Within a reasonable time from the date of application, the administrator shall � approve or deny the application for renewal. �, (3) The administrator shall renew the operating authority if he determines that � the holder: l (a) has performed satisfactorily under the terms of the operating authority; .�,.� ' and (b) is in com liance with all re uirements of the rules and regulations. P q SECTION 2-4. DENIAL OF APPLICATION FOR ISSUANCE OR REIVEWAL (1) The administrator shall deny issuance or renewal of taxicab company operating � authority if he finds that the applicant has: � (a) failed to comply with the requirements set forth in the rules and � regulations; (b) been either convicted twice, suspended twice, or convicted once and � suspended once, for a violation of the rules and regulations within the preceding two � ' years; � (c) made a false statement as to a material matter in the application for �„e,� � operating authority; (d) been convicted for a violation of another city, state, or federal (a�v � which indicates lack of fitness of the applicant to perform a public transportation ''� service; or (e) had his taxicab operating authority revoked within the preceding two years. � SECTION 2-5. SUSPENSION AND REVOCATION OF OPE.RATING AUTHORITY � -38- ..�w► �-� -t--_� , i . � � ! � , (1) The administrator may suspend or r�voke taxicab company operating ,� 1 authority if he determines that the holder has: - (a) made a false statement as to a material matter in the application for � operating authority; ;�F;� (b) failed to comply with provisions of the rules and regulations or orders established under the rules and regulations; �� (c) failed to comply with conditions sEt forth in the operating authority; or (d) been finally convicted for a violation of another city, state, or federal p�r law which indicates lack of fitness of the holder to perform a public transportation service. � (2) The administrator may suspend a holder's operating authority for a period not � to exceed 60 days. At the end of the suspension period, the holder may file with the administrator a written request for reinstatement of operating authority. The � administrator shall inspect the operation of the suspended holder to determine if the deficiency causing the suspension has been corrected by the holder. After inspection, the � administrator may approve or deny reinstatement of the operating authority. (3) A holder whose operating authority has been revoked shall not reapply for �� operating authority before the expiration of 24 months from the date of revocation or, in �`j the case of an appeal, the date the appeal hearing officer affirms the revocation. ) � SECTION 2-6. APPEALS � The denial of an application for issuance or renewal of taxicab company operating authority or a suspension or revocation of taxicab company operating authority may be � appealed by the applicant or holder in accordance �vith Section 8-5 of these rules and regulations. � � SECTION 2-7. FEES; ANNUAL ISSUANCE � � 1 -39- ������ � �� j ;. � � � (1) The annual fee for taxicab company op�rating authority �� $��� �XI�� $�� ��1� � ��¢�i ���Ej��.�b ��i����¢�� will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. The fee shall be paid to the � administrator before the operating authority is issued. � (2) Taxicab company operating authority may be issued for a period not to ,�„� ' exceed one year and shall expire on December 31 of each year unless otherwise � designated in the operating authority. If the operating authority is issued for a period �`��` ' less than one year, the fee shall be prorated on the basis of whole months. (3) If operating authority is amended to increase the number of taxicabs operated by a holder, the holder shall {�ay to the administrator an additional $�� fee, in accordance ' with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, � for each taxicab added. (4) Each taxicab driver under a holder's operating authority who remains at the '� airport for 30 minutes or longer or who is dispatched from the central taxicab queue by ', � the administrator shall pay a fee �� $��r$ in accordance with the Dallas/Fort Worth '�, International Airport Board Schedule of Charges, as amended, in a manner prescribed by �� the administrator. � � ARTICLE III ""�` � TAXICAB DRIVER'S PERMIT ',� SECTION 3-1. TAXICAB DRIVER'S PERMIT (1) A person commits an offense if he �¢X�G�$ o erates a taxicab inside the airport without a valid taxicab driver's permit issued to him under this article, unless he is: (a) terminating a trip that la�vfully originated in another city or political subdivision; or � (b) originating a trip that has been prearranged by a passenger and � -40- �n� �;�� I�"_�.J 1 . � authorized by the administrator. 1 (2) A holder may not employ or subcontract with a driver or otherw�ise allow a person to drive for hire a taxicab owned, controlled, or operated by the holder unless the 1 person has a valid taxicab driver's permit issued to him under this article. ,.��.� SECTION 3-2. QUALIFICATIOIV FOR TAXICAB DRIVER'S PERMIT � (1) To qualify for a taxicab driver's permit, an applicant must: (a) be at least 19 years of age; a (b) be a legal resident of the United States; �� (c) hold a valid ����i����i�J¢ driver's license issued by the State of Texas and � classified to permit the applicant to operate a taxicab; � (d) be able to communicate in the English language; (e) not be afflicted with a physical or mental disease or disability that is � likely to prevent him from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; � (f) not have been convicted of more than four moving traffic violations � arising out of separate transactions, or involved in more than two automobile accidents in which it could be reasonably determined that he was at fault, within any 12-month i period during the preceding 36 months; ) (g) not be under indictment or have been com•icted 1�►� � ��Xr/�� 1d����I�IV�� � fi�c�d�tl t��ftl �+b��X���l �������1 ����tXt�61X�d�l ��+�fi�tX�d� ,bt �t��tX��btl���l ��b�lX� X�v������1 � �. ��xa�X mtr����l �� � �t�g ��t�t�� mit����l �d�X�g� tX��� ���.�� ��� ������� �X��� �n� ��.�� �t �;��Y���1X�b� �►� t�� ��.t�k �� t`�X���� t►��fi ��d�1Xd������t Xrt�}����� f�►� t�� ��.���1•XQtX��s � w�:1����1��r 18 1�� 1���►' ��1�1 of a crime: ��I d��� ����� ���d� ��d��X�t�� ��l ,�� �X��4���g�� �� �t���t1,�d� ,�� ��f����� , ��d��t��tr�� t�tl ��t�t�g v���1X� X����X�����t l�7 v��Xi�Xd� t�� ������Xd�� 1� �h�d�t4��t �� � � 1 -4�- ��.� � �� � � . � t�� ��r� �a���s m�� �rfi� ���as�� ��� ���¢��z�g r ���t�t � �X� ��i ���� �tX�X��X �M��g�� ����Xv�g i�� �� �t����� t�� �tX�l�g v��1X� Xd►i�#X��.���t I �1� �►�� �� ���X���� t� ��►� �b�� �� �Z���►�l �t �����tX��l � �) �� �►��l��t t� �� ��d��t���l�g v��.����t� �� ��t��tl ��� �X� �� ��.�Xt�.�� ��� v���l�gt���h�� l� �f��� ��►� �����d�t � l►�Y �� �d���t ������.�� �� �t �►��X��6�� �� � �����tl �,,� ��sr �¢ xt������ mt ����►t���� �� � ������� m�r��� �� ������r �zt� �� �mtt�z¢�r ����z�z�z��t ��� ��1 d���b� �re�������b�l� ���t►�l�t�� v�lid�Xd► i�►� �f����Xd�� �� �fi��t�►� � ������X�� �fi�bX�g ���6��� ������b�� ��6 ��� 4���X�d��t ������6 ����►�1X ��� �� ���� t� ������� �f��� �� � ����X�iZ��►l �x1 �� ��► �.��ItX�d��X ��6�XXiX��.iX��� i�� ���►X�X��t���f ��� ��Xt���l�6 ����bX�� ' ���1X����� f� ���� �.d� ����fiX���X��► �X�d�� �� ��►� ��fiX�X����i�� t��t t���S �� ���XX���tl� ���,������ �t tt���z� ��,��� � �t������ ���r�� ����� t�� ��X�� ��� ��g�X�tz���� �r �a�� ,� g��gt�.��� �� ��� �XtX�� �f ¢����X�� ��������1�g �a�� �X���til � (A) involving: ' (i) criminal homicide as defined in Cha ter 19 of the Texas '"""" — — � - - - 'I Penal Code; ���� (ii) kidnapping as defined in Chapter 20 of the Texas Penal '� Code; � (iii) . .a � sexual offense as defined in Chapter 21 of the Texas Penal Code; � (iv) an assaultive offense as defined in Chapter 22 of the Te�as Penal Code; I� (v) robbery as defined in Chapter 29 of the Texas Penal � Code; � -4 2- � ' �,::�. _.J i � .� � � , , � 1 (vi) bur lar as defined in ,Chapter 30 of the Texas Penal � Code, except burglary of a coin-operated machine; (vii)theft as defined in Cha ter 31 of the Texas Penal Code, except theft of service, theft of trade secrets, tampering with identification numbers, � unauthorized use of a television decoding and interception device, and manufacture, sale, � or distribution of a television decoding and interception device; � (viii)fraud as defined in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came in � contact because of his occupation as a taxicab`operator; (ix) tampering with a governmental record as defined in lChapter 37 of the Texas Penal Code; (x) public indecency (prostitution or obscenity) as defined in 1 Chapter 43 of the Texas Penal Code; � (xi) the transfer, carrying, or possession of a weapon in violation of Chapter 46 of the Texas Penal Code; ^��* (xii)a violation of the DangeroUs Drugs Act (Article 4476-14, � Vernon's Texas Civil Statutes); � (xiii)a violation of the Controlled Substances Act (Article 4476- � 15, Vernon's Texas Civil Statutes); or (xiv)criminal attempt to commit anv of the offenses listed in ISubdivision (g) (A) (i)-(�iii) of this subsection; (B) for which: 1 (i) less than two vears have elapsed since the date of Iconviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; I (ii) less than five years have elapsed since the date of i w�°� -43- � ..._�J i � ,� / � conviction or date of release from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or - (iii)less than five years have elapsed since the date of the last � conviction or the date of release from confinement for the last conviction, whichever is the later date, if, within any 24-month period, the applicant has two or more convictions �,� of any misdemeanor offense or combination of misdemeanor offenses; (h) not have been convicted of, or -Jischarged by probation or deferred ,��,� adjudication for, driving while intoxicated: ' (A) within the preceding 12 months; or (B) more than one time within the preceding 7 years; (i) not have criminal charges pending for an offense for driving while intoxicated; � not be addicted to the use of alcohol or narcotics; � (k) be sub ject to no outstanding warrants of arrest; (1) be sanitary and well-groomed in dress and person; � (m) be employed by or contracting with the holder of operating authority � for the taxicab which the driver is operating; and (n) have successfully completed within the preceding 12 months a '"� � defensive driving course approved by the National Safety Council and be able to present ��� proof of completion. 1 (2) r'�n applicant who has been convicted of an offense listed in Subsection (1) (g) � or (h), for which the required time period has elapsed since the date of conviction or the date of release from confinement imposed for the conviction, mav qualify for a taxicab driver's permit onlv if the administrator determines that the applicant is presentiv fit to en�age in the occupation of a taxicab driver. In determining present fitness under this section, the administrator shall consider the following: (a) the extent and nature of the applicant's past criminal activity; -44- ��w .�,,�- �J i 1 � (b) the age of the applicant at the time of the commission of the crime; � (c) the amount of time that has elapsed since the applicant's last criminal 1 activity; (d) the conduct and work activity of the applicant prior to and following „�;:..� — the criminal activity; �� (e) evidence of the applicant's rehabilitation or rehabilitative efforts while � incarcerated or following release; and (f) other evidence of the applicant's present fitness, including letters of � recommendation from prosecution, law enforcement, and correctional officers who � prosecuted, arrested, or haC1 custodial responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in 1 contact with the applicant. (3) It is the responsibility of the applicant, to the extent possible, to secure and 1 provide to the administrator the evidence required to determine present fitness under � Subsection (2) of this section and under Section 3.8 (1) of this article. (4) As an additional qualification for a taxicab driver's permit, the administrator ""�" may uniformly require applicants to pass an examination given by the administrator that �, tests the applicant's knowledge of traffic laws, a driver's duties under the rules and � regulations, and the geography of the cities or counties surrounding the airport. � TION - N SEC 3 3. APPLICATIO � To obtain a taxicab driver's permit or renewal of a taxicab driver's permit, a person must file a completed written application with the administrator on a form provided for , the purpose. The administrator shall require each application to state any information he t considers necessary to determine whether an applicant is qualified. J JSECTION 3-4. INVESTIGATION OF APPLICATION g,a�� -45- �� w�� (1) For the purpose of determining qualif ication under Section 3-2 (1)(e), the administrator may require an applicant to submit to a physical examination at applicant's expense conducted by a licensed physician and to furnish to the administrator a statement which certifies that the physician has examined the applicant and that in the physician's professional opinion the applicant is qualified under Section 3-2 (1)(e). ��� (2) The administrator may conduct any other investigation he considers necessary to determine whether an applicant for a taxicab driver's permit is qualified. �..�, SECTION 3-5. ISSUANCE AND DENIAL (1) If the administrator determines that arr applicant is qualified, he shall issue a permit to the applicant. (2) The administrator may deny the application for a taxicab driver's permit if the applicant: l (a) is not qualified under Section 3-2; (b) refuses to submit to or does not pass a medical or written examination Iauthorized under Section 3-2 or Section 3-4; or I (c) makes a false statement of a material fact in his application for a taxicab driver's permit. '""�""' I (3) If the administrator determines that a permit should be denied the applicant, �*� the administrator shall notify the applicant in writing that his application is denied and � include in the notice the reason for denial and a statement informing the applicant of his 1 right of appeal. , SECTION 3-6. EXPIRATION AND VOIDANCE UPON SUSPENSION OR REVOCATIOti OF STATE ¢b��U1���VJtR1S DRIVER'S LICENSE � Except in the case of probationary and provisional permits, a taxicab driver's permit expires two years from the date of issue ��i ��i� ���� ��i�i� ��►� ��l��X����l$ ����� l �M�►h�l�►btl� /X��d��� ���Xf��. If a permittee's state ¢{��t�b���►6►�1$ driver's license is I -46- AN�q �.s�* � i � . t / � f � suspended or revoked by the state, his taxicab dr'i!�er's permit automatically becomes � void. A permittee shall notify the administrator within three days of a suspension or � revocation of his ��►�(�i����i�J� driver's license by the state and shall immediately surrender his taxicab driver's permit to the administrator. �.,�.� SECTION 3-7. PROVISIONAL PERMIT � (1) The administrator may issue a provisional taxicab driver's permit if he � determines that: (a) the number of taxicab drivers is inadequate to meet the airport's need � for taxicab service, in whicti case he may issue the number necessary to meet the need; or 1 (b) it is necessary pending completion of investigation of an applicant for a � taxicab driver's permit. (2) A provisional taxicab driver's permit expires 45 days from the date of 'I issuance, or upon the applicant's being denied a taxicab driver's permit, whichever occurs first. �� (3) The administrator may issue a provisional permit to a person holding a state � operator's license in accordance with Article 6687b, Section 5(b), Vernon's 1'exas Civil IStatutes. I SECTION 3-8. PROBATIONARY PER�'1�iIT I C1� X� ��b ������#�t �� ��t ��������� ��� t���&#� �k������ �����t �►b��� ��fit���b ��� ��t �� ���a��t�� ��b��� �t�t� ��� �� i� tb� ���1����at �o���� �►� ������t���b�� �b������1� I 1�fi����� t�a� ��r���i�t��t�� r���C ����� � �����t���b�h� t������ ������C� �����t ��� � �v����� I �a�t t� �k���� ��a� ����� C�� xb� #�fii�b��t����� fi��C ��������� ���k�����t� t�k�� ��b� ���D��t���b� tb�t b� I ��t�k�►I�b�� �k� �b��������r ��� � ����#t���#k�r t�����m ����r���� ��krk���� �-I� -47- ��� ..._—_J 1 1 49 / � 1� (1) The administrator may issue a probatidnary taxicab driver's permit to an 1 applicant who is not qualified for a taxicab driver's permit under Section 3-2 if the applicant: � (a) could qualify under Section 3-2 for a taxicab driver's permit within one � year from the date of application; � ��� (b) holds a valid state driver's license or occupational driver's license; and 1 (c) is determined by the administratur, using the criteria listed in Section ��� 3-2(2) of this article, to be presently fit to engage in the occupation of a taxicab driver. (2) A probationary driver's permit may be issued for a period not to exceed one year• , (3) The administrator may prescribe appropriate terms and conditions for a � probationary taxicab driver's permit as he determines are necessary. lSECTIOIV 3-9. DUPLICATE PERMIT' l If a taxicab driver's permit is lost or destroyed, the administrator shall issue the permittee a duplicate permit upon recelving payment of a duplicate permit fee �� $$ in Iaccordance with the Dallas/Fort Worth International Airport Board schedule of charges, as amended. ��w I �d� SECTION 3-l0. DISPLAY OF PERMIT y A taxicab driver shall at all times conspicuously display his taxicab driver's permit 1 on the clothing of his upper body, except that when the taxicab driver is inside the taxicab, the taxicab driver's permit may be displayed in a manner and location approved � by the administrator. A taxicab driver shall allow the administrator or a peace officer to examine his taxicab driver's permit upon request. ( ISECTION 3-11. SUSPENSION BY DESIGIVAT'ED REPRESENTATIVE � -48- � �,� �.�i � ; � I (1) If a representative designated by the administrator to enforce the rules and 1 regulations determines that a permittee has failed to comply with the rules and regulations (except Section 3-2), the representative may suspend the taxicab driver's � pecmit for a period of time not to exceed 30 days by personally serving the permittee �,.-.�. with a written notice of the suspension. The written notice must include the reason for suspension, the date the suspension begins, the duration of the suspension, and a � statement informing the permittee of his right of appeal. / (2) A suspension under this section may be appealed to the administrator if the � permittee requests an appeal at the time the permittee receives notice of the suspension. When an appeal is requested, the suspension may not take effect until a � hearin is rovided b the administrator. g P Y � (3) The administrator may order an expedited hearing under ihis section, to be held as soon as possible after the permittee requests an appeal. The administrator may � affirm, reverse, or modify the order of the representative. The decision of the � administrator is final. �,�, SECTION 3-12. SUSPENSION (1) If the administrator determines that a permittee has failed to comply with ��� the rules and regulations (except Section 3-2), the administrator may suspend the taxicab � driver's permit for a definite period of time not to exceed six months. (2) If at any time the administrator determines that a permittee is not qualified ` under Section 3-2, the administrator shall suspend the taxicab driver's permit until the � administrator determines that the permittee is qualified. A driver shall provide the � administrator with necessary information or proof of his qualifications upon request. � (3) A permittee whose taxicab driver's permit is suspended shall not originate a taxicab trip at the airport during the period of suspension. The administrator may also � order that ihe permittee not terminate trips at the airport during the period of ,����, -49- � w�� i � � suspension. (4) The administrator shall notify the permittee in writing of a suspension under this section. The notice shall include: (a) the reason for the suspension; (b) the date the administrator orders ihe suspension to begin; �M,� (c) the duration of suspension or if it is under Subsection (2); and (d) a statement informing the permittee of his right of appeaL �.�� (5) The period of suspension begins on the date specified by the administrator, or ' in the case of an appeal, on the date ordered by the appeal hearing officer. SECTIOIY 3-13. REVOCATION � (1) The administrator may revoke a taxicab driver's permit if the administrator determines that the permittee: � (a) operated a taxicab inside the airport during a period in which his � taxicab driver's permit was suspended; (b) made a false statement of a material fact in his application for a 1 taxicab driver's permit; � (c) engaged in conduct that constitutes a ground for suspension under `""�"" � Section 3-12 (1) and received either a suspension in excess of 10 days or a conviction for ,�,,,� � violation of the rules and regulations, two times within the 12-month period preceding the conduct or three times within the 24 month period preceding the conduct; � (d) engaged in conduct that could reasonably be determined to be detrimental to the public safety; or , (e) failed to comply with a condition of a probationary permit. (2) A person whose taxicab driver's permit is revoked shall not: (a) apply for another taxicab driver's permit before the expiration of 24 months from the date the administrator revokes the permit or, in the case of an appeal, -50- .■� �.:;� � -� � i � ;� I 1 � � the date the appeal hearing officer affirms the rev�cation; or 1 (b) operate a taxicab at the airport. � (3) The administrator shall notify the permittee in writing of a revocation. The notice shall include: A.�..;� (a) the reason for the revocation; (b) the date the administrator orders the revocation; and � (c) a statement informing the permittee of his right of appeal. � SECTION 3-14. TAXICAB OPERATIOIV AFTER SUSPENSIOiV OR REVOCATION � (1) After receiving notice of suspension or revocation, the permittee shall, on the date specified in the notice, surrender his taxicab driver's permit to the administrator � and discontinue operating a taxicab at the airport. (2) 1Votwithstanding Subsection (1), if the permittee appeals the suspension or � revocation under this section, he may continue to drive a taxicab at the airport pending � the appeal unless: (a) the permittee is unqualified under Section 3-2; or �., (b) the administrator determines that continued operation by the permittee would impose an unreasonable threat to public safety. � � SECTION 3-I5. APPEAL � The denial of an application for issuance or renewal of a taxicab driver's permit, a suspension of a taxicab driver's permit under Section 3-12, or a revocation of a taxicab _� driver's permit may be appealed by the applicant or permittee in accordance with Section 1 8-5 of these rules and regulations. � SECTION 3-16. FALSIFICATION OF A PERMIT; TRAIVSFER OF A PERMIT �„��. -5 l- �� w��� ! . . / . (1) A person commits an offense if he: `�� (a) forges, alters, or counterfeits a taxicab driver's permit, badge, �f�¢�E�f decal, ticket, or emblem required by the rules and regulations or other applicable � law; or (b) possesess a forged, altered, or counterfeited taxicab driver's permit, ,e�w«� badge, �;L�¢�E�f decal, ticket or emblem required by the rules and regulations or other applicable law; or `�y� (c) possesses more than one taxicab driver's permit badge, decal, ticket or emblem required by the rules and regulations or other applicable law. ', (2) A taxicab driver's permit, badge, ��X�yE¢�decal, ticket, or emblem assigned to one person is not transferable to another without the consent of the administrator. I SECTION 3-17. CURRENT MAILING ADDRESS OF PERMITTEE , An individual issued a taxicab driver's permit shall maintain a current mailing � address on file with the administrator. The permittee shall notify the administrator of any change in this mailing address within five business days of the change. � � � ARTICLE IV ��$+� � MISCELLANEOUS HOLDER AND DR[VER REGULATIONS � SECTION 4-1. HOLDER'S AND DRIVER'S UUTY TO COMPLY (1) Holder. In the operation of a taxicab service, a holder shall comply with the 1 II terms and conditions of the holder's operating authority, lawful orders of the administrator, and, except to the extent expressly provided otherwise by the operating � authority, the rules and regulations, and other laws applicable to the operation of a taxicab service. -52- �� �s-,�� �J i � (2) Driver. While operating a taxicab at the airport, a driver shall comply with � the rules and regulations, other laws applicable to the operation of a motor vehicle in � this state, lawful orders of the administrator, and orders issued by the holder employing or subcontracting with the driver in connection with the holder's discharge of its duty �,r,� under its operating authority and the rules and regulations. �� � SECTION 4-2. HOLDER'S AND/OR OWIVER'S DUTY T'O ENFORCE COMPLIANCE BY DRIVERS � (1) A holder and/or owner shall establish policy and take action to discourage, prevent, or correct violations of the rules and regulations by drivers who are employed by �' or subcontracting with the holder. � (2) A holder and/or owner shall maintain a record of the driver of each taxicab controlled by the holder. The record shall include name, date and time the driver � operated the taxicab. Holder shall provide the administrator with this information upon _ request• � (z3) A holder shall not permit a driver who is employed by or subcontracting with the holder to operate a taxicab if the holder knows or has reasonable cause to suspect ��� that the driver has failed to comply with the rules and regulations or other applicable � law. ) SECTION 4-3. DRIVER AS INDEPENDENT CONTRACTOR � (1) A holder may subconiract with a driver on an independent-contractor basis, but only if the contract: � (a) provides that the holder shall indemnify the airport and the cities of Dailas and Fort Worth and hold them harmless for a claim or cause of action against the � airport and the cities of Dallas and Fort Worth arising from conduct of the driver; (b) provides that the driver .is insured under limits specified by the rules � and re ulations; and g �,»� -53- � �_�J 1 � (c) imposes a condition th�t the driver must comply with the rules and regulations and provides that failure to comply may be considered by the holder as a material breach of contract. (2) The form of the contract between a holder and a driver shall be subject to approval by the administrator. The administrator may disapprove a contract form if he �� determines that the contract is inconsistent with the rules and regulations or other applicable law. A holder may not use a contract that has been disapproved by the ��� administrator. (3) A holder shall notify the administrator of the termination of a subcontract ' agreement with a driver within five business days after termination. SECTION 4-4. INSURANCE (1) A holder shall maintain in force during the authorized period of its operating � authority an amount and character of insurance coverage for all motor vehicles used in � its taxicab service which is not less than that specified by the Texas Railroad Commission for vehicles of comparable size. Operating authority will not be granted or � renewed, unless the applicant or holder furnishes the administrator with all proof of insurance the administrator considers necessary to determine whether the applicant or �� � holder is adequately insured under this section. .��,� (2) Except for self-insurance, insurance required under this section must: ` (a) be carried with an insurance company authorized to do business in the � State of Texas; (b) name as insureds the Dallas/Fort Worth ��gX��h�X International ,�irport , and the cities of Dallas and Fort Worth; and (c) include a cancellation rider under which the insurance company is required to notify the administrator in writing not fewer than 30 days before cancelling or making a material change to the insurance policy. -54- .�� i4..F'J � i 4• / � � . (3) A holder may be self-insured in the m�i�ner prescribed by the Texas Safety- 1 Responsibility Act if the administrator determines that the holder can furnish protection _ of the same character and amount as if the insurance were carried by an insurance � company. In considering authorization of self-insurance, the administrator shall consider the financial fitness and the past record of management responsibility of the holder and may establish maximum coverage limits for which the holder may self-insure. If at any � ' time the administrator determines that a self-insured holder is unable to provide adequate self-insurance, the administrator by written notice shall order the holder to � acquire insurance frorn an insurance company, and the holder shall comply with the order � not more than 30 days after�the notice is served.� (4) A copy of documents establishing compliance with insurance requirements � shall be on file with the administrator at all times. Failure to maintain minimum insurance standards shall result in the immediate suspension of holder's operating � authority. If operating authority is suspended for failure to maintain insurance, it may � not be reinstated until satisfactory proof of insurance meeting minimum requirements is submitted to and confirmed by the administrator. The fee for reinstatement of operating ,,�„ authority after a suspension under this subsection j� $��� will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. � � SECTION 4-5. HOLDER'S SERVICE RESPONSIBILITIES (1) A holder shall provide taxicab service for passengers at the airport in � accordance with service levels and standards approved by the administrator, the Airport Board and the cities of Dallas and Fort �4'orth. � (2) A holder shall provide and maintain a fleet of taxicab vehicles of sufficient � number to provide adequate service to meet the normal levels of demand at the airport and extraordinary levels of demand resulting from conventions, holidays, or other periods � of high traffic. �;�, -55- � �—J � (3) A holder shall cooperate with the administrator in all phases of taxi operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the administrator for taxicab service during periods of shortage. (4) A holder shall provide taxicab service promptly, upon demand, to any patron ��� of the airport and to any location in the service area. .�:�� ARTICLE V SERVICE RULES AND REGULATIONS SECTION 5-l. DRIVER'S DAILY MANIFEST (1) Each driver permitted to originate taxicab trips at the airport shall document � airport trips on a daiiy manifest ���j�iZ��� Ih�b ��i¢ �X�� �1� ���J������ �1���X�����i� �l��fi V��X�� � �� J� �j���i���. The record of trips originating at the airport shall include: (a) taxicab number, driver's name, date, hours of operation, meter number, � total miles, paid miles, units, trips, and extras; (b) time, place, origin, and destination of each trip; �"'` � (c) number of passengers and amount of fare and other charges; and ,,,� � (d) other information required by the administrator to aid in the discharge uf his duties. � (2) Each driver shall complete a manifest on a separate form for each tour of duty. The driver shall provide the information required by the form and shall record the � �, information with regard to trips at the end of each trip. The driver shall return � completed manifest forms on a regular schedule to the holder under whose authority he is , operating. A driver shall provide a copy of his daily manifest to the administrator upon + request. � � -56- � � .�: _� ( / � j' / � �, R: � 1 SECTION 5-2. PARKING ' � A driver shall park only on designated taxicab stands while serving the a.irport. ��;,:N� SECTIOiV 5-3. LOADING AND DISCHARGE OF PASSENGERS (!) A driver shall load passengers and baggage into a taxicab only at designated loading areas. (2) A driver shall use the lower level at terminals to discharge passengers, except � when increased hardship would result to a passenger afflicted with a physical or mental � disability. _ � � SECTION 5-4. CRUISING THE AIRPORT A driver shall not cruise the airport. A driver is "cruising" anytime that he drives a � taxicab within 1000 feet of a terminal or a hotel on the airport without: � (1) a passenger to be discharged at the terminal or hotel; or (2) trip authorization by the administrator; �� (3) leaving the airport by the most direct route; or (4) driving to the central taxicab queue by the most direct route. � — � SECTION 5-5. REPRESENTATIOIV OF AVAILABIL[TY OF TAXICAB A driver may not represent that his taxicab is engaged when it is in fact vacant. A � driver may not represent that his taxicab is vacant when it is in fact engaged. � SECTION 5-6. REFUSAL TO TRANSPORT PASSENGERS � While operating a taxicab a driver shall not refuse to transport a person who requests service unless: i (1) the person is disorderly; J a,!,� -57- �� "'__..� 1 / ;' � � r ' (2) the driver is engaged in answering a previbt�s request for service; (3) the driver has reason to believe that the person is engaged in unlawful conduct; or 1 (4) the driver is in fear of his personal safety. ��� SECTIOIV 5-7. PASSEIVGER LIMITATIOIVS (1) While operating a taxicab, a driver may carry only a person who is a paying ��� passenger, unless the person is an employee of the taxicab service that employs or contracts with the driver or a governmental inspector acting in an official capacity. (2) A driver may not carry at the same time a number of passengers exceeding the designated seating capacity of the taxicab. � SECTIOIV S-8. CARRY PASSENGERS BY DIRECT ROUT'E � A driver shall carry a passenger to his destination by the most direct and � expeditious route available unless otherwise directed by the passenger. � SECTIOlV 5-9. SOLICITATIOIV OF PASSEIVGERS � A driver may not solicit passengers: � (1) from a location more than 25 feet from his taxicab; ��� (2) in a way that annoys or obstructs the movement of a person; or (3) by paying an employee of another business to solicit passengers for or give preferential treatment in directing passengers to the driver's taxicab. � SECTION 5-10. REGULATIONS FOR USE OF T�XICAB STANDS (1) While yb�X�hg �. ���tX¢��h �����operating a taxicab, a driver shall not: (a) go beyond 25 feet of his taxicab except to assist a passenger as is reasonably necessary after being engaged; -58- �� 1@y:..rplR.. � ; ` � (b) interfere with the orderly progression of taxicabs from the rear to the � front of the taxicab stand; (c) perform or allow to be performed repairs or maintenance on a taxicab � while parked on the taxicab stand; �:,,..,� i (d) assign or sell his position in a taxicab stand to another; a� (e) interfere with a taxicab entering a stand on which there is a vacant � space; (f) engage a passenger without first progressing from the rear to the front 91 of the taxicab stand unless otherwise instructed to do so by the administrator; or � (g) deposit any bottle, can, trash, debris, junk, or other object on or around a taxicab stand except in an authorized trash receptacle. � (2) A person shall not park a taxicab on a taxicab stand unless the taxicab is for hire. � (3) A taxicab left unattended in violation of Subsection (1)(a) of this section is � illegally parked and may be removed from the taxicab stand and impounded. ,,��� SECTION 5-11. CONDUC? OF DRIVERS A driver shall: � � (1) conduct himself in a reasonable, prudent and courteous manner; (2) maintain a sanitary and well-groomed appearance; � (3) not respond to a dispatched call assigned to another driver; 1 (4) not consume: l. any alcoholic beverage�, 2• any drug�, or 3• any other s�bstance$ which could adversely affect his ability to drive a motor vehicle; � (5) not monitor the radio frequency of a taxicab company other than his own nor � respond to a call for service dispatched by another company; (6) not possess a radio equipped to receive the frequency of a taxicab company I other than his own; � 1 � -59- � "'__J � , 'i t (7) not interfere with the administrator in the performance of his duties; (8) not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, or other airport building in a manner that annoys or impedes the movement of a person; and (9) comply with lawful orders of the administrator issued in the performance of �� his duties. ��� SECTION 5-12. RETURN OF PASSENGER'S PROPERTY Upon finding property in a taxicab left by a passenger, the driver shall immediately return the property to ihe owner. If the driver is unable to locate the owner or if the driver does not know the identity or whereabouts of the owner, the driver shall, within a reasonable time, deliver the property to the administrator. I� , SECTION 5-13. SERVICE REGULATIOIVS FOR BUSINESS ESTABLISHMENTS � REQUESTING TAXICABS FOR CUSTOMERS (1) An employee of a business establishment, other than a taxicab service, who ) acts as an agent in obtaining taxicab service for prospective taxicab passengers shall not: ) (a) solicit or accept payment from a driver in return for giving preferential '"� � treatment in directing passengers to a driver's taxicab; or ,,,,�,r �i� (b) interfere with the orderly progression of taxicabs from the rear to the I I front of a taxicab stand. il � i ARTICLE VI IFARES � � . . -60- �� �_e� _� i � , ,� � � , SECTION 6-1. RATES OF FARE; DISPLAY OF RA`TE CARD 1 (1) A driver, holder, or owner shall not charge a fare for operating a taxicab at the airport that is inconsistent with the rates authorized by the city of Dallas. 1 (2) A driver, holder, or owner shall display a printed card or sticker containing *'� the approved airport rates of fare. The form, content and location of the card or sticker are subject to approval by the administrator. � SECTION 6-2. COMPUTATIOIV OF FARES � (1) Each taxicab shall be equipped with a taximeter. A driver, holder, or owner � shall charge only a fee as computed by the taximeter unless otherwise authorized by this section. � (2) A driver, holder, or owner shall charge the following incentive fares: (a) a $5 charge for each terminal transfer, which is a taxicab trip that both � originates and terminates at the airport without requiring exiting from the airport toll Ibooths; (b) a $10 minimum charge each time a taxicab trip requires exiting from the airport toll booths; and � (c) a $3 charge for each trip, other than a terminal transfer, originating at � ( the airport between midnight and 6 a.m. � (3) A driver, holder, or owner shall charge $20 ($23 between midnight and 6 a.m.) or the metered rate plus extras, lawful tolls, and incentive fares, whichever amount is ` less, for a trip that: 1 (a) originates at the airport and terminates at a location: � (A) in the Dallas central business district; � . (B) within 1000 feet of the Dallas central business district boundaries, or � (C) within 1000 feet of routes between the airport and the J -61- p�m� �� �..�_�J i � �° / , Dallas central business district to be designated by the;administrator; or � (b) originates at a location described in Subsection 3(a) and terminates at the airport. (4) A driver, holder, or owner shall charge $22 ($25 between midnight and 6 a.m.) or the metered rate plus extras, lawful tolls, and incentive fares, whichever amount is .�. less, for a trip that: (a) originates at the airport and termi�iates at a location: ��� (A) in the Fort Worth central business district; (B) within 1000 feet of the Fort Worth central business district boundaries; or , , (C) within 1000 feet of routes between the airport and the Fort Worth central business district to be designated by the administrator; or (b) originates at a location described in Subsection 4(a) and terminates at � the airport. (5) For the purpose of this section, central business district means: � (a) for the city of Dallas, the area bounded by Woodall Rodgers Freeway on � the north, Central Expressway on the east, R.L. Thornton Freeway on the south, and Stemmons Freeway on the west; and � � (b) for the city of Fort Worth, the area bounded by Belknap Street on the �;��,� north, Interstate 35 on the east, Interstate 30 on the south, and Summit Avenue on the west. SECTION 6-3. DESIGN A:VD TESTING OF TAXI!�IETERS ', (1) .� taximeter must accurately register in legible f igures total miles, paid I� miles, number of fare units, number of trips, extras, and total fare for a trip. Figures denoting the fare must be illuminated when the meter is activated. Meter must be mounted in a conspicuous location approved by the administrator. -62- �� �,,�. .: __..r � ! � (2) A taximeter must be equipped to indicate whether the taxicab is engaged or 1 vacant with a tamper-proof system connecting the taximeter to a light on top of the � taxicab that, when lighted, is visible from all directions. The system must be designed so that the light is automatically illuminated while the taximeter is registering a fare. ����, (3) If the taximeter employs a flag, the flag must project above the dashboard so � as to be easily seen from outside the taxicab when in the non-earning position. � (4) The taximeter or its drive system must be sealed at all points at which � components, if manipulated, could affect the function or accuracy of the taximeter. (5) The design of a taximeter is sub�ect to approval by the administrator to l assure that it complies with �his section. } (6) Each taximeter shall be maintained in good operating condition and be tested , and sealed at least once each year to assure compliance with weights and measures laws. (7) The administrator may order a taximeter to be tested at any time, and a � holder, owner, or driver of a taxicab shall make the taxicab available for taximeter � testing when so ordered. (8) The holder, owner, or driver of a taxicab shall be responsible for paying the � cost of testing a taximeter. � � SECTION 6-4. FARE COLLECTION PROCEDURES � (1) Before changing the taximeter to indicate that the taxicab is vacant, a driver shall call the attention of the passenger to the amount of fare registered on the ' taximeter. (2) Upon request by a person paying a fare, a driver shall give the person a J legible receipt showing: 1 (a) the name of the holder under whose authority the taxicab is operated; (b) the taxicab number; 1 (c) the itemized list of charges; ,�!�, -63- � �__r I (d) the total amount of fare paid; (e) the date of payment; and (f) the driver's signature. (3) A holder shall provide each driver operating a taxicab under its authority with printed receipt forms adequate for providing the information required in Subsection (2). �� ARTICLE VII ��� VEHICLES AND EQUIPMENT SECTION 7-1. FALSE REPRESENTATION AS TAXICAB A person commits an offense if he: � (1) represents that a vehicle is a taxicab if the vehicle is not in fact a taxicab authorized to operate at the airport; � (2) operates a vehicle at the airport that is not a taxicab if the vehicle is marked, painted or equipped in a way that is likely to result in mistaking the vehicle for � a taxicab; or � (3) solicits or attempts to solicit passengers unless he is operating a taxicab authorized to serve the airport. �► � iF 91Y� ! SECTION 7-2. VEHICLE REQUIREMENTS AIVD INSPECTIONS , (1) All taxicabs serving the airport shall comply with city of Dallas taxicab 1 standards concerning condition, age, equipment, signs, and markings. (2) The administrator shall inspect each taxicab, for compliance with the rules ', and regulations before it is placed in service and at other times determined necessary by the administrator. (3) A holder, owner, or driver shall make a taxicab available for inspection when � ordered by the administrator. . ` -64- � �,,.,.�. _� -� � ` / � + (4) If a holder, owner, or driver fails to m�ike a taxicab available for inspection 1 or if the administrator determines that a taxicab is not in compliance with the rules and _ regulations, the administrator may order the taxicab removed from service at the airport 1 until it is made available for inspection and brought into compliance. ��� (5) If the administrator determines that inspection of the mechanical condition or safety equipment of a taxicab by an expert mechanic or technician is necessary, the � holder, owner, or driver shall pay the cost of the inspection. (6) When a taxicab is removed from service at the airport and placed back in � service at the airport within 15 days by the same owner, the owner shall pay to the � administrator $z� ��� a re.inspection fee in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. � (7) Before any taxicab will be approved for service at the airport, the administrator shall be provided with a copy of the registration for the vehicle with the lState of Texas, or a bill of sale if the vehicle is new and has not yet been registered, � showing ihe name of the individual or holder owning the vehicle. The owner shown on the registration or bill of sale provided to the administrator shall notify the administrator of ��, any change in ownership of the taxicab within 10 business days. (8) The maintenance of taxicabs shall be the responsibility of the owner, driver, � � or holder. The administrator may revoke or suspend operating authority for any taxicab � if appearance falls below acceptable standards. (9) Whenever a vehicle is removed from service as a taxicab, the holder, owner, � or driver shall remove from the vehicle all taxicab signs, markings, and equipment that would distinguish the vehicle as a taxicab, including, but not limited to, radios, topli�hts, , meters, and decals. 1 � SECTION 7-3. REQUIRED EQUIPMENT �':�, -65- .�� �_�r � / ,' � . � Unless otherwise specified in the operating� authority under which a taxicab is u operated, and in addition to other equipment required by the rules and regulations, a holder, owner, or driver shall provide and maintain the following equipment for each taxicab: (1) seat belts for each passenger, the number of which is determined by the �� designed seating capacity of the taxicab; (2) heater and air conditioner; ��� (3) fire extinguisher of a least one quart capacity; (4) equipment to indicate when a taxicab is operating for hire and when it is not for hire; , (5) top light; 1 (6) map of the airport service area; and 1 (7) decal complying with Section 7-4 of the rules and regulations. 1 � SECTION 7-4. TAXICAB DECALS (1) The holder, owner, or driver of each taxicab shall annually obtain from the � administrator a decal indicating the taxicab's authority to operate at the airport. The decal must be attached to the taxicab in a manner and location approved by the �� Jadministrator. The annual fee for a decal j� $�� shall be charged in accordance with the �_� � Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (2) The administrator may cause a decal to be removed from a taxicab which at � any time fails to meet the minimum standards for appearance, condition, age, or equipment. The fee for reissuance of a decal to a taxicab from which a decal has been removed, �b� ��� �.�rf�j�j$�¢�.��� X� $�$lost, or stolen shall be charged in accordance �ti�ith the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. (3) A person commits an offense if he; (a) operates a taxicab at the airport with an expired decal or with no decal -66- .�. �.;� _J i � af f ixed to it; � (b) attaches a decal to a vehicle not authorized to operate as a taxicab at � the airport; (c) forges, alters, or counterfeits a taxicab decal required by this section; _�,�".�, t or �� (d) possesses a forged, altered, or counterfeited taxicab decal required by � this section. l SECTION 7-5. OFF DUTY STATUS OF TAXICABS D (1) Each taxicab is presumed to be on duty and ready to serve the general public � for hire. If a driver is off-duty and does not intend to provide taxicab service at the -� airport, he shall comply with the following requirements. (a) The driver shall place a sign, to be provided by the holder, in the � taxicab indicating the words "OFF DUTY" printed in letters not less than three inches in height with a stroke of not less than 3/8 inch. The letters shall be on a backing of �u� sufficient thickness to not easily bend. (b) When a driver is off-duty, he shall display the sign in an upright position � � in the front window on the right side of the taxicab so as to be easily seen and read from � outside of the taxicab. (2) .An off-duty driver shall not park or stand his taxicab on a taxicab stand or � �vithin 500 feet of a taxicab stand or along or in the one hour parking zones of the airport road�vays. � � ARTICLE VIII ] EIVFORCEMEIVT ��, -67- � w� i 1 i � SECTION 8-1. AUTHORITY TO INSPECT The administrator may inspect a taxicab service operati�g at the airport to determine whether the service complies with the rules and regulations established for taxicab operation or other applicable law. �� SECTION 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY ,��� Upon specific request of the administrator, officers of the airport's department of public safety may assist the administrator in the enforcement of the rules and regulations. r SECTIO(V 8-3. CORRECTIOIV ORDER (1) If the administrator determines that a holder violates terms of its operating authority, the rules and regulations, a lawful order of the administrator, or other law, the administrator may notify the holder in writing of the violation and by written order � direct the holder to correct the violation within a reasonable period of time. In setting 1 the time for correction the administrator shall consider the degree of danger to the y public health or safety and the nature of the violation. If the violation involves � jequipment that is unsafe or functioning improperly, the administrator shall order the �M� holder to immediately cease use of the equipment. � (2) If the administrator determines that a violation is an imminent and serious � threat to the public health or safety, the administrator shall order the holder to correct the violation immediately. [f the holder fails to comply, the administrator shall prompt!}� , take or cause to be taken any action he considers necessary to the immediate enforcement of the order. J (3) The administrator shall include in a notice issued under this section: (a) an identification of the violation; (b) the date of issuance of the notice; -b8- � �, �e �J ; � , / � � , (c) the time period within which the vii�lation must be corrected; � (d) a warning that failure to comply with'the order may result in suspension or revocation of operating authority or imposition of a fine or both; and � (e) a statement indicating that the order may be appealed to the ¢j�� " r}����g¢� Executive Director of the airport. ,:� SECTION 8-4. SERVICE OF NOTICE (1) A holder shall designate and maintain a representative to: � (a) receive service of notice required under the rules and regulations to be � given a holder; and � (b) serve notice required under the rules and regulations to be given a � driver employed by or contracting with a holder. (2) Notice required under the rules and regulations to be given: � (a) a holder must be personally served by the administrator on the holder or � the holder's designated representative or served by United States mail, five-day return receipt requested, to the address last known to the administrator of the person to be � notified, or to the designated representative of the holder. (b) a driver licensed under Article III must be personally served by the ::� � administrator or sent by certified United States mail, five-day return receipt requested, � to the address, last known to the administrator, of the person to be notified, or to the designated representative for drivers; or � (c) a person other than a driver licensed under Article III or a holder may be served in the manner prescribed by Subsection (2)(b). � (3) Service executed in accordance with this section constitutes notice to the � person to whom the notice is addressed. The date of service for a notice that is mailed is the date of receipt. � (4) This section does not apply to notice served under Section 3-11(1). #;��.� -69- �,� ...._�J i / ; , , SECTION 8-5. APPEAL (1) If the administrator denies issuance or renewal of taxicab company operating authority, suspends or revokes taxicab company operating authority, denies issuance or , renewal of a taxicab driver's permit, suspends a taxicab driver's permit under Section 3- 12, revokes a taxicab driver's permit, or issues a correction order under Section 8-3, the .�,r� action is final unless, within 10 days from the date of receiving notice of the action, the affected applicant, holder, or permittee files an'appeal, in writing, with the executive ,�.,,� director of the airport specifying the reasons for the appeal. (2) The executive director of the airport or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in his behalf. T'he formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a i preponderance of evidence presented at the hearing. I (3) The hearing officer may affirm, modify, or reverse all or part of the order of Ithe administrator. The decision of the hearing officer is final. i (4) The appealing party shall comply with the decision of the appeal hearing of ficer. �!'� i �#� SECTION 8-6. CRIhtINAL OFFENSES I (1) A person commits an offense if he violates or attempts to violate a provision Iof rules and regulations applicable to him. �� culpable mental state is not required for the commission of an offense under the rules and regulations unless teh provision defining I the conduct expressly requires a culpable mental state. A separate offense is committed � each time an offense occurs. An offense committed under the rules and regulations is lpunishable by a fine not to exceed $200. 1 (2) Prosecution of an offense under Subsection (1) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the -7�- � �. :� _� i i � conduct involved in the offense. 1 1 �.� � 1 . 1 _l 1 �� �� l � 1 � � � . � � _,,_ � �� ��� ��.� CHAPTER FIVE BUS AND LIMOUSINE RULES AND REGULA"TIONS � �� � ��� � f -72- �� �..:,�� . �r � � —, ,' / 1 � . � � ,,.a._�. � ARTICLE I ��„ � GENERAL PROVISIOIVS PAGE � � Sec. l-1 Statement of Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .76 � Sec. l-2 Authorityfor Enforcement• : . . . : : : : : : : : : . . . : : . . . : : : : : : : : : : : : : : : : : : .76 Sec. 1-3 Exemptions . . . . . . . . . . . .76 Sec. l-4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .77 � ARTICLE II OPERATIIVG AUTHORITY � Sec. 2-1 Operating Authority Required; Nontransferability . . . . . . . . . . . . . . . . . . . .80 Sec. 2-2 Application for Operating Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .80 r,�,� Sec. 2-3 Limitations of Operating Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .81 Sec. 2-4 Amendments to Operating Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .82 Sec. 2-5 Renewal of Operating Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .83 � Sec. 2-6 Denial of Application for Issuance or Renewal . . . . . . . . . . . . . . . . . . . . . . . .33 � Sec. 2-7 Suspension and Revocation of Operating Authority . . . . . . . . . . . . . . . . . . . .84 Sec. 2-8 Appeal of Denial, Suspension, or Revocation . . . . . . . . . . . . . . . . . . . . . . . . .84 � Sec. 2-9 Fees; Annual Issuance . . . . . . . . . . . . . . . . . . . . : : : : : : : : : : : : : : : : : : : : : : : : .85 Sec. 2-10 Advertisement of Bus or Limousine Service . .86 Sec. 2-11 Temporary Operating Authurity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .86 � J _- � � . � ��� -73- 4ig�yaYy w� i i / � � i ARTICLE III , BUS/LIMOUSINE DRIVER'S��P�RhiIT Sec. 3-1 Bus/Limousine Driver's Permit Required . . . . . . . . . . . . . . . . . . . . . . . . . . .87 Sec. 3-2 Qualification for Bus/Limousine Driver's Permit . . . . . . . . . . . . . . . . . . . . . .87 Sec. 3-3 Application for Bus/Limousine Driver's Permit . . . . . . . . . . . . . . . . . . . . . . .91 Sec. 3-4 Investigation of Application . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .91 Sec. 3-S Issuance and Denial of Bus/Limousine Driver's Permit . . . . . . . . . . . . . . . . .91 Sec. 3-6 Expiration; Voidance Upon Suspension or Revocation of State ��� Driver's License . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 Sec. 3-7 Provisional Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .92 Sec. 3-8 Probationary Permit . . . . . . . . . . . . . . . ; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 ��� Sec. 3-9 Duplicate Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 Sec. 3-10 Display of Permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .93 Sec. 3-11 Suspension by a Designated Representative . . . . . . . . . . . . . . . . . . . . . . . . . .94 Sec. 3-12 Suspension of Bus/Limousine Driver's Permit . . . . . . . . . . . .. . . . . . . . . . . . .94 Sec. 3-13 Revocation of Bus/Limousine Driver's Permit . . . . . . . . . . . . . . . . . . . . . . . .95 Sec. 3-14 Bus and Limousine Operation After Suspension or Revocation . . . . . . . . . .96 Sec. 3-15 Appeal of Denial,' Suspension, or Revocation . . . . . . . . . . . . . . . . . . . . . . . . .96 Sec. 3-16 Nontransferability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 Sec. 3-17 Current Mailing Address of Permittee . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .97 ARTICLE N MISCELLAlVEOUS HOLDER AiVD DRIVER REGULATIONS Sec. 4-1 Holder's and Driver's Duty to Comply . . . . . . . . . . . . . . . . . . . . . . . . . . .97 � Sec. 4-2 Holder's Duty to Enforce Compliance by Drivers . : : : : : : : : : : : : : : : : : : : : .98 Sec. 4-3 Driver as Independent Contractor . . . . . . .98 Sec. 4-4 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .99 Sec. 4-5 Holder's Service Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .100 � Sec. 4-6 Iniormation to be Supplied Upon Request of Administrator . . . . . . . . . . . .100 �� � AR?ICLE V SERVICE RULES AND REGCJLATIONS `�'� Sec. S-1 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 Sec. 5-2 Regulations for Use of Holding Stands . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .101 Sec. 5-3 Loading and Discharge of Passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 Sec. S-4 Cruising the Airport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .102 Sec. 5-5 Solicitation and Acceptance of Passengers . . . . . . . . . . . . . . . . . . . . . . . . . .102 Sec. 5-6 Conduct of Driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 ', Sec. S-7 Return of Passenger's Property . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .103 Sec. S-8 Limousine Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .104 Sec. S-9 Charter Bus Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .105 Sec. 5-10 Scheduled Bus and Limousine•Service . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .106 Sec. 5-11 Off Duty Status of Buses and Limousines . . . . . . . . . . . . . . . . . . . . . . . . . . .107 -74- .■a► �J � i � 1 ARTICLE VI FARES 1 Sec. 6-1 Rates of Fare . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 „_..� � ARTICLE VII VEHICLES AND EQUIPMEIVT � Sec. 7-1 VehicleInspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .108 Sec. 7-2 Vehicle Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .109 � Sec. 7-3 Decals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11l ARTICLE VIII � � ENFORCEMENT � Sec. 8-1 Authority to Gnspect . . . . . . . . . . . . . . . . . . . . . . . . . . . : : : : : : : : : : : : : : : : : .111 Sec. 8-2 Assistance by Airport Department of Public Safety .112 Sec. 8-3 Correction Order . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .112 Sec. 8-4 Service of Notice . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114 7 Sec. B-5 Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .114 i Sec. 8-6 Criminal Offenses . . . . .114 1 ��� .. i�sw■.�.s 1 � � � � � � �I _,�_ � �� i � ARTICLE I GENERAL PROVISIONS ,,�i� �..� SECTI�N 1-1. STATE�'1�1ENT OF POLICY It is the policy of the Qallas/Fort Worth International Airport Board and the cities of Dallas and Fort Worth to promote adequate and efficient bus and limousine service at the Dallas/Fort Worth International Airport. To this end, rules and regulations for bus and limousine operations at the airport are developed to protect the public health and safety and to promote the public convenience and necessity. � SECTION 1-2. AUTHORITY FOR ENFORCEMENT i The director of ¢��i��ir��� $���bJ��� Transportation for the city of Dallas is � �w designated as the administrator of the Dallas/Fort Worth International Airport bus and � limousine rules and regulations. The administrator shall implement and enforce the rules "��'" � and regulations and may by written order establish procedures, not inconsistent with the rules and regulations, ��hich he determines are necessary to discharge his duty under or � to effect the policy of the rules and regulations. SECTION 1-3. EXE'�iPTIONS (l) These rules and regulations do not apply to a bus or limousine or to a person operating a bus or limousine that is: (a) owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensatiun is received from any other person for carrying -;6- ,.,� �; ,� �J � � �° J � , the passengers; `�� . � 1 (b) provided by an employer or employee 'association for use in transporting employees between the employees' homes and the employer's place of business or � between workstations, with the employees reimbursin the em lo er or em lo ee g P Y P Y � h association in the amount calculated only to offset the reasonable expenses of operating the vehicle; or �� � (c) entering the airport for the sole purpose of terminating a trip that lawfully � originated outside of the airport, except when the bus or limousine is marked with a decal issued pursuant to this chapter. i (2) Articles III and VII of these rules and regulations do not apply to: � (a) the driver of a bus or limousine operated under authority granted by the � Interstate Commerce Commission, if the driver is operating within the scope of his employment; or � (b) a bus or limousine operated under authority granted by the Interstate j Commerce Commission. � (3) These rules and regulations, except for Sections 5-1 through 5-6, do not apply to ,��, a bus or limousine, or to a person operating a bus or limousine, that is owned by the federal or state government or by a political subdivision of the state. A person or � � vehicle exempted under this subsection is subject to a fee, in an amount to be designated � by the airport board, for operating at the airport and using the bus and limousine holding stands. � SECTION 1-4. DEFIh'ITIOyS 1 The definition of a term in the rules and regulations applies to each grammatical 1 variation of the term. Unless the context requires a different definition: (1) ADMINISTRATOR means the director of ¢���}brf�¢� ����b���� Transportation for � the city of Dallas, or his authorized agent, with the responsibility of implementing and enforcing the Dallas/Fort Worth International Airport bus and limousine rules and � �,�, -77- W� w� � `' / � � , regulations. �, � � (2) AIRPORT means the Dallas/Fort Worth International Airport. (3) AIRPORT BOARD means the Dallas/Fort Worth International Airport Board, the governing body of the airport. (4) BUS means a motor vehicle that has a manufactucer's rated seating capacity ���. of more than 15 passengers and that is used for the transportation of persons. (5) BUS/LIMOUSINE DRIVER'S PERMIT means a permit issued to an individual by �:�� the administrator authorizing that individual to operate a bus or limousine at the airport. ' (6) BUS SERVICE means a passenger transportation service operated for hire that uses buses, whether the fare,is paid by individuals boarding the bus or by contract with or for a specified group of persons, and includes, but is not limited to, a facility from which the service is operated, buses used in the operation of the service, and a person who owns, controls, or operates the service. � (7) CHARTER BUS SERVICE means a type of bus service for the transport of persons belonging to a specified group with one or more trips scheduled regularly or � irregularly over a period not exceeding 10 days. 1 (8) CONVICTION means a conviction in a federal court or a court of any state or foreign nation or political subdivision of a state or foreign nation that has not been '�'"� , reversed, vacated, or pardoned. �p�- (9) DRIVER means an individual who drives or operates a bus or limousine. � (10) HOLDER means a person who is granted operating authority to provide bus or 1 limousine service at the airport, or his designated agent. (11) HOLDING STAND means a public place reserved exclusively for use bv buses � ' or limousines and includes all authorized bus and limousine queuing, loading, and holding areas. (12) LEGAL RESIDEIVT means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws. -78- � �..�� .. _..J I 1 � � � (13) LIMOUSIIVE means a vehicle that has a manufacturer's rated seating capacity 1 of not more than 15 passengers and that is used for the transportation of persons. (14) LIMOUSINE SERVICE means a passenger transportation service operated for � hire on a prearranged basis that uses limousines in the operation of the service and � " includes, but is not limited to, a facility from which the service is operated, limousines used in the operation of the service, and a person who owns, controls, or operates the �� service. (15) OPERATE means to drive or to be in control of a bus or limousine. � (16) OPERATING AUTHORITY means permission granted by the administrator to � operate a bus or limousine service at the airport. � (17) OPERATOR means the driver of a bus or limousine, the owner of a bus or 1 limousine, or the holder of bus or limousine operating authority. 1 (18) OWNER means the person to whom state license plates for a vehicle were � issued. � (19) PERSOIV means an individual, corporation, government or governmental subdivision, or an agency, trust, partnership or two or more persons having a joint or � common economic interest. (20) RULES AND REGULATIONS means the bus and limousine rules and � � regulations established under $¢��j�i� x��i Chapter 5, "Bus and Limousine ��¢��(�X�d���r �� � ������1� xY��� Yb��g�bl��X�1� �� ��k�X�X���Y Rules and Regulations", of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. � (21) SCHEDULED SERVICE means a type of bus or limousine service that operates on a fixed schedule and fixed routes approved by the administrator. � � (22) SHARED RIDE/SHUTTLE VEHICLE means a limousine that has a � manufacturer's rated seating capacity of not more than eight passengers and that is used for the transportation of persons. � . .. � -79- _,� �� �—�.J � � � ARTICLE II OPERATING AUTHORITY � SECTIO(V 2-1. OPERATING AUTHORITY REQUIRED; NONTRANSFERABILITY (1) A person may not operate a bus or limousine service or solicit passengers for a ��� bus or limousine service at the airport without operating authority granted under the rules and regulations, nor may a person transport a passenger for hire at the airport by ��� bus or limousine unless the person driving the bus or limousine or another who employs or contracts with the driver has been granted operating authority under the rules and regulations. (2) A person shall not engage or hire a bus or limousine which he knows does not have operating authority or another form of permission from the administrator. (3) Operating authority may not be transferred to another person. i SECTIOtV 2-2. APPLICATIOIV FOR OPERATING AUTHORITY I (1) To obtain operating authority, a person must make application to the Iadministrator in the manner prescribed by this section. The applicant must be the person who will own, control, or operate the proposed bus or limousine service. An applicant �� , shall file with the administrator a written, verified application containing the following: ��� (a) a statement as to the type of operating authority, bus or limousine, for � which application is made, including a statement as to which category, scheduled, � charter bus, or prearranged limousine, the applicant proposes; (b) a description of any past business experience of the applicant, particularly in providing passenger transportation services, and an identification and description of any prior revocation or suspension of a permit to operate a business or service using motor vehicles held by the applicant, the listed business, an affiliated business, or a person with a direct interest in the listed or affiliated business,` -80- � �...,� _J i �' / � � (c) a description of the proposed service;` in,cluding routes, rates of fare to be � charged, and schedules, where applicable; � (d) the form of business of the applicant and, if the business is a sole proprietorship, partnership, corporation, or association, a copy of the documents establishing the business and the name, address and citizenship or legal residence of each person with a direct interest in the business; �� ' (e) the name, address, and verif ied signature of the applicant; � �f) X� �►��X���k�X��the name of the city from which the applicant is authorized to opecate a bus or limousine service and a copy of that city's document authorizing the bus � or limousine service; � (g) the number and a description of the vehicles the applicant proposes to use � in the operation of the bus or limousine service; (h) a description of the proposed insignia and color scheme, if applicable, for � the applicant's buses or limousines; � (i) documentary evidence from an insurance company, authorized to do business in the State of Texas indicating a willingness to provide liability insurance in the u�- amounts specified in Section 4-4; and �� (j) any additional information the administrator considers necessary to the � implementation and enforcement of the rules and regulations or the protection of the � public safety. (2) Within a reasonable time from the date of application, the administrator shall � approve or deny the application for issuance of bus or limousine operating authority. � SECTIO(V 2-3. LI,'�iITATIONS OF OPERATIIVG AUTHORITY � (1) When issued, operating authority shall state the type of service, bus or limousine, authorized. Operating authority shall indicate the category of service, � prearranged limousine, charter bus, or scheduled service. The operating authority may ��� -81- � w��� I � � / . also contain other conditions and limitations determ�ned necessary by the administrator, including, but not limited to: � (a) the number of vehicles authorized; � (b) a description of vehicles to be operated; (c) the number of passengers that may be transported in each vehicle; �� (d) customers to be served; (e) places of loading or unloading passzngers; �� i (f) schedules and routes to be followed; (g) rates to be charged; and, (h) operating procedures. (2) A holder commits an of fense if he fails to comply with the conditions or ', limitations placed on the operating authority under which he is operating a bus or I ' limousine service. j ' (3) An applicant for Bus/Limousine operating authority shall qualify for a ', Bus/Limousine driver's permit in accordance with this chapter. l i SECTIOIV 2-4. AMENDMENTS TO OPERaTING AUTHORITY i (1) A holder desiring to amend the terms or conditions of its operating authority '"��` � shall submit a written request to the administrator. A non-refundable $$� amendment ,�,� fee in accordance with the Dallas/Fort Worth International Airport Board schedule of � char�es, as amended, must accompany a request for any material change to the operating � � authority. The request shall include: (a) the nature of the proposed change; j �i (b) the date the proposed change is to take effect. I (2) The administrator may approve an amendment unless it is in violation of or ) inconsistent with the provisions of the rules and regulations. -�2- � � ,� _..�ni �; � I l � SECTION 2-5. RENEWAL OF OPERATING AUTHORITY 1 (1) A holder shall apply for renewal of bus or limousine operating authority at least � 30 days before the expiration of the operating authority. (2) Within a reasonable time after the date of application, the administrator shall ��.,,,� approve or deny the application for renewal. �� (3) The administrator shall renew the operating authority if he determines that the � holder: � (a) has performed in compliance with all terms and conditions of the operating authority; and � (b) is in compliance with all requirements of the rules and regulations. � SECTIOIV 2-6. DEIVIAL OF APPLICATION FOR ISSUANCE OR RENEWAL � The administrator shall deny issuance or renewal of bus or limousine operating authority if he finds that the applicant has: � (1) failed to comply with the requirements of the rules and regulations or orders established under the rules and regulations; b' � (2) failed to comply with the terms and conditions of the operating authority for �x� which application for renewal is made; 1 (3) been either convicted twice, suspended twice, or convicted once and suspended � once, for a violation of the rules and regulations within the preceding two years; (4) made a false statement as to a material matter in the application for operating � authority; (5) been convicted for a violation of another city, state, or federal law or regulation � �vhich indicates lack of fitness of the applicant to perform a public transportation � service; or J' (6) had bus or limousine operating authority revoked within the preceding two years. � � �"er� -83- � �—_J � I �I I' SECTION 2-7. SUSPENSION AND REVOCATION OF OPERATIh�G AUTHORITY (1) The administrator may suspend or revoke bus or limousine operating authority if he determines that the holder has: + (a) made a false statement as to a material matter in the application for operating authority; �� (b) failed to comply with the provisions of the rules and regulations or orders established under the rules and regulations; w�� (c) failed to comply with the terms and conditions of the operating authority, including, but not limited to, operating a type of service not authorized by the operating authority or operating a service in a manner not authorized by the operating authority; (d) been convicted for a violation of another city, state, or federal law or i regulation which indicates lack of fitness of the holder to perform a public transportation service; � � (e) failed to pay all required fees; or ' (f) failed to surrender scrip� tickets for the payment of fees prescribed in ( ' Section 2-9 in the manner approved by the administrator. (2) The administrator may suspend a holder's operating authority for a period not to l i exceed 60 days. At the end of the suspension period, the holder may file with the �'" � I administrator a written request for reinstatement of operating authority. The ,�„� li ' administrator shall determine if the deficiency causing the suspension has been corrected li 1 by� the holder and approve or deny reinstatement of the operating a�thority. I (3) A holder whose operating authority has been revoked shall not reapply for 1 ', �� operating authority before the expiration of 24 months from the date of revocation or, in � the case of an appeal, the date the appeal hearing officer affirms the revocation. II - NIAL SUSPENSION OR REVOCATION SECTION 2 8. APPEAL OF DE , , � The denial of an application for issuance or renewal of bus or limousine operating � -84- � � �� —+� i / � �� � authority or suspension or revocation of bus or licliousine operating authority may be 1 appealed by the applicant or holder in accordance with Section 8-5 of the rules and � regulations. '" �� SECTION 2-9. FEES; ANNUAL ISSUANCE (1) The annual fee for bus operating authority X$ $���1 7�� ��i�i��l 1��and for �� � limousine operating authority X$ $���shall be. established in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges. The annual fee shall � be paid to the administrator before the operating authority is issued. � (2) Bus and limousine operating authority may be issued for a period not to exceed one year and shall expire on October 31 of each year unless otherwise designated in the � operating authority. If the operating authority is issued for a period of less than one _ year, the annual fee shall be prorated on the basis of whole months. i (3) In addition to the annual fee required in Subsection (1), the holder of bus � operating authority ���XX I���6 � ��t� 1�� �� $4� ��►4� �k�� �i�l�l�f �t �X►��►b�X�►� ����'�1X�$ ��1��I�Xf�' $k���X �d��6 � gd��� ��� �� $�and the holder of limousine operating authority shall �, pay exit fees in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, in a manner prescribed by the administrator, each time �� � a bus, ��' limousine, or shared ride/shuttle vehicle: � � (a) exits the airport, if providing prearranged service; or (b) completes a scheduled route through the airport, if providing scheduled � service. (4) The total fees required to be paid in Subsection (3) by a scheduled bus or � limousine service shall never be less than a gate fee times the total number of scheduled � routes through the airport that the service is authorized to operate. � . � -85- .�„�:.� ��� w�� i 1 ,9 / , SECTION 2-10. ADVERTISEMENT OF BUS OR LIM(J:USINE SERVICE (1) A person commits an offense if he advertises or causes to be advertised the - operation of a bus or limousine service that does not have valid operating authority under this article when the advertisement is reasonably calculated to be seen by persons seeking bus or limousine service at the Airport. �� (2) It is a defense to prosecution under Subsection (1) that the person was the ', publisher of the advertising material and had nc, knowledge that the bus or limousine �,� service did not have operating authority under this article. SECTION 2-11. TEMPORARY OPERATING AUTHORITY I� (1) The administrator may issue temporary operating authority to a bus or limousine I company for a period not to exceed 10 days. (2) A person desiring temporary operating authority must submit such information � as deemed appropriate by the administrator to determine that: ' (a) drivers are qualified; � � (b) vehicles are safe and roadworthy; and � (c) liability insurance is possessed that meets or exceeds those limits specified in Section 4-4 of these rules and regulations. `�`"� � (3) The fee for temporary operating authority j� $$� shall be established in ,�,�. accordance with ihe Dallas/Fort Worth International Airport Board Schedule of Charges, � as amended. � (4) Vehicles used under temporary operating authority are subject to inspection procedures and fees in accordance with Section 7-1 of these rules and regulations. (5) The holder of temporary operating authority is subject to the fees established in ', Section 2-9(3) of these rules and regulations. -86- ..�� �..;�: �J � � � ARTICLE III 1 BUS/LIMOUSINE DRIVER'S PERMIT 1 SECTION 3-l. BUS/LIMOUSINE DRIVER'S PERMIT REQUIRED ��w,�, (1) A person commits an offense if he �fj�b�� o erates a bus or limousine inside the � airport without a valid bus/limousine driver's permit issued to him under this article. It ' is a defense to prosecution under this subsection that the person is terminating a trip � that lawfully originated outside the airport. (2) A holder may not employ, contract with, or otherwise allow a person to drive a � bus or limousine owned, cohtrolled, or operated by the holder unless the person has a valid bus/limousine driver's permit issued to him under this article. 1 ISECTION 3-2. QUALIFICATIOIV FOR BUS/LIMOUSIIVE DRIVER'S PERMIT (1) To qualify for a bus/limousine driver's permit, an applicant must; l (a) be at least !9 years of age; � (b) be a legal resident of the United States; .�.��� (c) hold a valid driver's license issued by the State of Texas and classified to permit the applicant to operate a bus or limousine; «�,. � (d) be able to communicate in the English language; I (e) not be afflicted with a physical or mental disease or disability that is likely to prevent him from exercising ordinary and reasonable control over a motor vehicle or lthat is likely to otherwise endanger the public health or safety; (f) not have been convicted of more than four moving traffic violations arising � out of separate transactions, or involved in more than two automobile accidents in �hich � it could be reasonably determined that the applicant was at fault, within any 12 month period during the preceding 36 months; J (g) not be under indictment for�or have been convicted of a crime: ��� _��_ #� i � f (A) involving: (i) criminal homicide as defined in Chapter 19 of the Texas Penal Code; (ii) kidnapping as defined in Chapter 20 of the Texas Penal Code; �,� (iii) a sexual offense as defined in Chapter 21 of the Texas , Penal Code; �� (iv) an assaultive offense as defined in Chapter 22 of the Texas Penal Code; (v) robbery as defined iR Chapter 29 of the Texas Penal Code; (vi) burglary as def ined in Chapter 30 of the Texas Penal Code, � ',� except burglary of a coin-operated machine; ', (vii) theft as defined in Chapter 31 of the Texas Penal Code, I ' except theft of service, theft of trade secrets, tampering with identification numbers, unauthorized use of a television decoding and interception device, and manufacture, sale, I or distribution of a television decoding and interception device; �'I (viii) fraud as defined in Chapter 32 of the Texas Penal Code, I I � but only if the offense was committed against a person with whom the applicant came in � contact because of his occupation as a bus or limousine driver; ,�.� (ix) tampering with a governmental record as defined in � Chapter 37 of the Texas Penal Code; � (x) public indecency (prostitution or obscenity) as defined in Chapter 43 of the Texas Penal Code; � (xi) the transfer, carrying or possession of a weapon in violation �, of Chapter 46 of the Texas Penal Code; (:cii) a violation of the Dangerous Drugs Act (Article 4476-14, Vernon's Texas Civil Statutes); � -88- �� �, �u _.�..r i �� / � ' � (xiii) a violation of the Controlled Substances Act (Article 4476- 1 15, Vernon's Texas Civil Statutes); or (xiv) criminal attempt to commit any of the offenses listed in � Subdivision (g) (A) (i) - (xiii) of this subsection; �°"�� (B) for which: (i) less than two years have elapsed since the date of �� conviction or the date of release from confir�ement imposed for the conviction, whichever is the later date, if the applicant was convicted of a misdemeanor offense; � (ii) less than five years have elapsed since the date of � conviction or the date of rel.ease from confinement for the conviction, whichever is the later date, if the applicant was convicted of a felony offense; or � (iii) less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is lthe later date, if within any 24-month period, the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; � (h) not have been convicted of, or discharged by probation or deferred adjudication for, driving while intoxicated: ���� (A) within the preceding 12 months; or j (B) more than one time within the preceding 7 years; (i) not have criminal charges pending for an offense for driving while 1 intoxicated; � (j) not be addicted to the use of alcohol or narcotics; (k) be subject to no outstanding warrants of arrest; � (1) be sanitary and well-groomed in dress and person; (m) be employed by or contracting with a holder; and � (n) have successfully completed within the preceding 12 months a defensive ! driving course approved by the National Safety Council and be able to present proof of J ��� -89- -..._-_.r i �� ��� , � 1 '� . . � .: I,, completion. `� ; � ', (2) An applicant who has been convicted of an offense listed in Subsection (1) (g) or ' (h), for which the required time period has elapsed since the date of conviction or the � ' date of release from confinement imposed for the conviction, may qualify for a ', bus/limousine driver's permit only if the administrator determines that the applicant is ,,�„�, � presently fit to engage in the occupation of a bus or limousine driver. In determining present fitness under this section, the administrator shall consider the following: �`""� (a) the extent and nature of the applicant's past criminal activity; (b) the age of the applicant at the time of the commission of the crime; (c) the amount of time that has elapsed since the applicant's last criminal activity; �� (d) the conduct and work activity of the applicant prior to and following the II criminal activity; ', (e) evidence of the applicant's rehabilitation or rehabilitative effort while � I incarcerated or following release; and � (f) other evidence of the applicant's present fitness, including letters of � recommendation from prosecution, law enforcement, and correctional officers who � I prosecuted, arrested, or had custodial responsibility for the applicant; the sheriff and � , chief of police in the community where the applicant resides; and any other persons in ""�""'� I',, contact with the applicant. � ' �, (3) It is the responsibility of the applicant to the extent possible, to secure and ', provide to the administrator the evidence required to determine present fitness under Subsection (2) of this section and under Section 3.8(1) of this article. (4) As an additional qualification for a bus/limousine driver's permit, the I administrator may uniformly require applicants to pass an examination given by the � administrator that tests an applicant's knowledge of traffic laws, a driver's duties under I', the rules and regulations, and the geography of the cities or counties surrounding the -90- �� � ', �� I � airport. 1 SECTION 3-3. APPLICATION FOR BUS/LIMOUSINE DRIVER'S PERMIT � To obtain a bus/limousine driver's permit or renewal of a bus/limousine driver's ��°� permit, a person must file a completed written application with the administrator on a form provided for that purpose. The administrator shall require each applicativn to state � any information he considers necessary to determine whether an applicant is qualified. � SECTION 3-4. INVESTIGATION OF APPLICATION � (1) For the purpose of determining qualification under Section 3-2(1) (e), the administrator may require an applicant to submit to a physical examination at the � applicant's expense conducted by a licensed physician and to furnish to the administrator a statement which certifies that the physician has examined the applicant and that in the � physician's professional opinion the applicant is qualified under Section 3-2 (1) (e). (2) The administrator may conduct any other investigation he considers necessary to � determine whether an applicant for a bus/limousine driver's permit is qualified. �;�� SECTION 3-5. ISSUANCE AIVD DENIAL OF BUS/LIMOUSINE DRIVER'S PERMIT �� (1) If the administrator determines that an applicant is qualified, he shall issue a bus/limousine driver's permit to the applicant. 1 (2) The administrator may deny the application for a bus/limousine driver's permit if � the applicant: (a) is not qualified under Section 3-2; � (b) refuses to submit to or does not pass a medical or ���ritten examination authorized under Section 3-2 or Section 3-4; or � (c) makes a false statement of a material fact in his application for a Jbus/limousine driver's permit. � � ��� -91- ��� .'_'_�.r i 1 (3) If the administrator determines that a bus/limousine driver's permit should be denied the applicant, the administrator shall notify the applicant in writing that his � application is denied and include in the notice the reason for denial and a statement informing the applicant of his right of appeal. � , � SECTION 3-6. EXPIRATION; VOIDANCE UPON SUSPENSION OR REVOCATION OF � ', STATE DRIVER'S LICENSE �� Except in the case of a probationary or provisional permit, a bus/limousine driver's permit expires two years from the date of issuance. If a permittee's state driver's license is suspended or revoked by the state, his bus/limousine driver's permit 1 automatically becomes void. A permittee shall notify the administrator within three � '� days of a suspension or revocation of his driver's license by the state and shall , immediately surrender his bus/limousine driver's permit to the administrator. 1 ', SECTION 3-7. PROVISIONAL PERMIT I ', (1) The administrator may issue a provisional bus/limousine driver's permit if he j determines that: I I (a) the number of bus or limousine drivers is inade uate to meet the air ort's +� q P � need for bus or limousine service, in which case he may issue the number necessary to �,�. i - meet the need; or l (b) it is necessary to allow the administrator to complete investigation of an � applicant for a bus/limousine driver's permit. , (2) A provisional bus/limousine driver's permit expires 45 days from the date of 1 issuance, or upon the applicant's being denied a bus/limousine driver's permit, whichever ����,rs f�rst. I (3) The administrator may issue a provisional permit to a person holding a state driver's license, in accordance with Article 6687 b, Section 5 (b�, Vernon's Texas Statutes. 1 -92- .� , �.. ,� .. _�..� �I i � , � � � , SECTION 3-8. PROBATIONARY PERMIT ��� � (1) The administrator may issue a probationary bus/limousine driver's permit to an applicant who is not qualified for a bus/limousine driver's permit under Section 3-2 if the � applicant: ,�, (a) could qualify under Section 3-2 for a bus/limousine driver's permit within one year from the date of application; � (b) holds a valid state driver's license c,r occupational driver's license; and (c) is determined by the administrator, using the criteria listed in Section 3- � 2 (2) of this article, to be presently fit to engage in the occupation of a bus or limousine � driver. (2) fl probationary driver's permit may be issued for a period not to exceed one l year. � (3) The administrator may prescribe appropriate terms and conditions for a � probationary bus/limousine driver's permit as he determines are necessary. ISECTION 3-9. DUPLICATE PERMIT I If a bus/limousine driver's permit is lost or destroyed, the administrator may issue � the permittee a duplicate permit upon receiving payment of a duplicate permit fee �� $$� "'�"' in accordance with the Dallas/Fort Worth [nternational Airport Board Schedule of Charges, as amended. 1 � SECTION 3-l0. DISPLAY OF PERti1IT ,� bus or limousine driver shall display his bus/limousine driver's permit in a manner 1 and location approved by the administrator. A bus or limousine driver shall allow the administrator or a peace officer to examine his bus/limousine driver's permit upon Irequest. J . -93- �,��, �� �__J f ��� ' / , , ' SECTION 3-11. SUSPENSION BY A DESIGNATED 1Z;�P,RESENTATIVE ' (1) If a representative designated by the administrator to enforce the rules and ', regulations determines that a permittee has failed to comply with the rules and � regulations (except Section 3-2), the representative may suspend the bus/limousine driver's permit for a period of time not to exceed 30 days by serving the permittee with a �»� , written notice of the suspension. The notice must include: � (a) the reason for suspension; �� (b) the date the suspension begins; (c) the duration of the suspension; and (d) a statement'informing the permittee of his right of appeal. (2) A suspension under this section may be appealed to the administrator if the i permittee requests an appeal at the time the permittee receives notice of the ' suspension. When an appeal is requested, the suspension may not take effect until a ' hearing is provided by the administrator. I �, (3) The administrator may order an expedited hearing under this section, to be held �, as soon as possible after the permittee requests an appeal. The administrator may � � affirm, reverse, or modify the order of the representative. The decision of the � I�� administrator is final. ! , ��.:.� 1 I SECTION 3-12. SUSPENSION OF BUS/LI�'�IOUSINE DRIVER'S PERMIT ! (1) [f the administrator determines that a permittee has failed to comply with any � I� provision of the rules and regulations (except Section 3-2), the administrator may suspend the bus/limousine driver's permit for a definite period of time not to exceed six months. J (2) If at any time the administrator determines that a permittee is not qualified ; under Section 3-2, the administrator shall suspend the bus/limousine driver's permit until ' the administrator determines that the permittee is qualified. A driver shall provide the ', administrator with necessary information or proof of his qualifictions upon request. -94- �� ' �.� � � � (3) A permittee whose bus/limousine driver's permit is suspended shall not originate � a bus or limousine trip at the airport during the period of suspension. The adrriinistrator may also order that the permittee not terminate trips at the airport during the period of � � suspension. .�.;� (4) The administrator shall notify the permittee and the holder employing the t permittee, in writing, of a suspension under this section. The notice must include: � (a) the reason for the suspension; (b) the date the administrator orders the suspension to begin; � (c) the duration of suspension or if it is under Subsection (2); and (d) a statement informing the permittee of his right of appeal. � �S) The period of suspension begins on the date specified by the administrator, or in � the case of an appeal, on the date ordered by the appeal hearing officer. � SECTIOIV 3-13. REVOCATION OF BUS/LIMOUSIIVE DRIVER'S PERMIT (1) The administrator may revoke a bus/limousine driver's permit if the Iadministrator determines that the permittee: � (a) operated a bus or limousine inside the airport during a period in which his bus/limousine driver's permit was suspended; �r (b) made a false statement of a material fact in his application for a 1 bus/limousine driver's permit; � (c) engaged in conduct that constitutes a ground for suspension under � Section 3-12 (1) and received either a suspension in excess of 10 days or a conviction for violation of the rules and regulations, two times within the 12-month period preceding � the conduct or three times within the 24-month period preceding the conduct; (d) engaged in conduct that could reasonably be determined to be � detrimental to the public safety; � (e) failed to comply with a condition of a probationa`ry permit; or -95- �.:.� � w��� i � ' ( (f) failed to surrender the appropriate scrip� tickets for the payment of fees prescribed in Section 2-9 in the manner approved by the administrator. (2) A person whose bus/limousine driver's permit is revoked shall not: 1 (a) apply for another bus/limousine driver's permit before the expiration of 24 months from the date the administrator revokes the permit or, in the case of an •� appeal, the date the appeal hearing officer affirms the revocation; or , �� (b) operate a bus or limousine at the airport. (3) The administrator shall notify the permittee in writing of a revocation. The notice shall include: (a) the reason for the revocation;= �I, (b) the date the administrator orders the revocation; and 1 (c) a statement informing the permittee of his right of appeal. 1 � ' SECTION 3-14. BUS AND LIMOUSINE OPERATION AFTER SUSPENSIOI�t OR ' REVOCATION I ', (1) After receiving notice of suspension or revocation of a permit or denial of a I permit renewal, the permittee shall, on the date specif ied in the notice, surrender his � I,� limousine at the airport. � I (2) Notwithstanding Section 3-12 (3) and Subsection (1) of this section, if the �.� permittee appeals the suspension or revocation of a bus/limousine driver's permit, he may 1 continue to drive a bus or limousine at the airport pending the appeal unless: (a) the permittee is not qualified under Section 3-2; or 1 ', (b) the administrator determines that continued uperation by the permittee 1 would impose an immediate threat to the public safety. j I ', SECTION 3-15. APPEAL OF DENIAL, SUSPENSION, OR REVOCATION The denial of an application for issuance or renewal of a bus/limousine driver's � permit, a suspension of a bus/limousine driver's permit under Section 3-12, or a � � -96- � � ' �. � * -� 1 �' / � � . revocation of a bus/limousine driver's permit may b�yappealed in accordance with Section 1 8-5 of the rules and regulations. I - � SECTION 3-16. NOiVTRA1VSFERABILITY „� A bus/limousine driver's permit, badge, ���¢�E�f decal, ticket, or emblem assigned to ' one person is not transferable to another. �� SECT[O1V 3-17. CURRENT MAILIIVG ADDRESS OF PERMITTEE !� A person issued a bus/limousine driver's permit shall maintain a current mailing � address on file with the administrator. The permittee shall notify the administrator of any change in this mailing address within five business days of the change. � � ARTICLE IV � MISCELLANEOUS HOLDER AND DRIVER REGULATIONS SECTION 4-l. HOLDER'S AND DRIVER'S DUTY TO COMPLY (1) Holder. In the operation of a bus or limousine service, a holder shall comply � with the terms and conditions of the holder's operating authority, lawful orders of the administrator, and, except to the extent expressly provided otherwise by the operating � authority, the rules and regulations, and other laws applicable to the o eration of a bus P � or limousine service. (2) Driver. W'hile operating a bus or limousine at the airport, a driver shall comply � with the rules and regulations, other laws applicable to the operation of a motor vehicle in this state, lawful orders of the administrator, and orders issued by the holder � employing or contracting with the driver in connection with the holder's discharge of its � duty under its operating authority and the rules and regulations. � -97- �u� �..��� ; ,� . � w� / / i ' � , �• � , ; r SECTION 4-2. HOLDER'S DUTY TO ENFORCE COMPLIANCE BY DRIVERS (1) A holder shall establish policy and take action to discourage, prevent, or correct ' violations of the rules and regulations by drivers who are employed by or contracting with the holder. ��+ (2) A holder shall not permit a driver who is employed by or contracting with the ' �. � holder to operate a bus or limousine if the holder knows or has reasonable cause to suspect that the driver has failed to comply with the rules and regulations or other applicable law. � SECTION 4-3. DRIVER AS INDEPENDENT CONTRACT'OR ' (1) A holder who is not operating a scheduled bus or limousine service may contract _ ', with a driver on an independent-contractor basis, but only if the coniract: � , (a) provides that the holder shall indemnify and hold harmless the airport � ', board, the cities of Dallas and Fort Worth, and their officers and employees for a claim ' or cause of action against the airport board, the cities of Dallas or Fort Worth, or their � officers or employees arising from conduct of the driver; i r� �', (b) provides that the driver is insured under the holder's fleet insurance � policy; and �,� � (c) imposes a condition that the driver must comply with these rules and regulations and provides that failure to comply may be considered by the holder as a ', material breach of the contract. (2) The form of the contract between a holder and driver must be approved by the administrator. The administrator may disapprove a contract form if he determines that the contract is inconsistent with these rules and regulations, regulations established under these rules and regulations, or other applicable law. A holder may not use a ' contract that has been disapproved by the administrator. -9 S- .��e► ' � .ft � . , �� , , : � , j , -, � � � SECTIOIV 4-4. INSURAIVCE , 1 (1) A holder shall maintain in force during the authorized period of its operating authority an amount and character of insurance coverage for all motor vehicles used in � its bus or limousine service which is not less ��i�� than that specified by the Texas ���� Railroad Commission for vehicles of comparable size. Operating authority will not be granted or renewed, unless the applicant or holder furnishes the administrator with all � proof of insurance the administrator considers necessary to determine whether the applicant or holder is adequately insured under this section. � (2) Except for self-insurance, insurance required under this section must: (a) be carried with an insurance company authorized to do business in the � State of Texas; � (b) name as additional insureds the Dallas/Fort Worth International Airport Board, the cities of Dallas and Fort Worth, and their officers and employees; and � (c) include a cancellation rider under which the insurance company is required to notify the administrator in writing not less than 30 days before cancelling or � making a material change to the insurance policy. � (3) A holder may be self-insured in the manner prescribed by the Texas Safety- Responsibility Act if the administrator determines that the holder can f�rnish protection � of the same character and amount as if the insurance were carried by an insurance company. In considering authorizations of self-insurance, the administrator shall � consider the financial fitness and the past record of management responsibility of the � holder and may estabtish maximum coverage limits for which the holder may self- insure. If at any time the administrator determines that a self-insured holder is unable � to provide adequate self-insurance, the administrator by �vritten notice shall order the holder to acquire insurance from an insurance company and the holder shall comply with � the order not more than 30 days after the notice is served. � (4) A copy of documents establishing.compliance with insurance requirements shall be on file with the administrator at all times. Failure to maintain minimum insurance �� -99- � • ; �_�� � / _ � ;'� ,� d �'� standards shall result in the immediate suspension of holder's operating authority. If operating authority is suspended for failure to maintain insurance, it may not be I reinstated until satisfactory proof of insurance meeting minimum requirements is � submitted to and confirmed by the administrator. The fee for reinstatement of operating I authority after a suspension under this subsection X� $z�� will be established in � ' accordance with the Dallas/Fort Worth International Airport Board schedule of charges, as amended. `�� ' SECTION 4-5. HOLDER'S SERVICE RESPONSIBILITIES I (1) A holder shall provide bus or limausine�service for passengers at the Airport in accordance with service levels and standards approved by the administrator, the Airport Board, and the Cities of Dallas and Fort Worth. (2) A holder shall cooperate with the administrator in all phases of bus or limousine operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the administrator for bus or limousine service during , periods of shortage. � �' SECTION 4-6. INFORMATION TO BE SUPPLIED UPON REQUEST OF � � ADMINISTRATOR �� ', (1) Upon request of the administrator, a holder shall submit to the administrator the � following information: (a) a current consolidated equipment list; (b) names of current officers, o�vners, and mana ers of the bus ur limuusine g ', service; and (c) a list of the names and bus/limousine driver's permit numbers of current drivers employed by or contracting with the holder. � -100- '� � ��� ��..� Ii ' 1 I ' j J�� j� . 1 -, / � 4 , � ARTICLE V , � ,< 1 SERVICE RULES AND REGULATIONS � SECTION 5-l. PARKING ;�, (1) A driver shall park only on designated bus or limousine holding stands while serving the Airport. �"' (2) A person commits an offense if he: i (a) parks a vehicle on a bus or limousine holding stand without authorization !� from the administrator; or � (b) leaves a vehicle unattended on a bus or limousine holding stand; except, that a driver may leave his bus or limousine to assist a passenger as is reasonably l necessary after being engaged. 1 (3) In proving an offense under Subsection (2) (a), it is prima facie evidence that a � vehicle is unauthorized if the vehicle is not equipped with a decal in accordance with Section 7-3 of these rules and regulations. � (4) A vehicle left unattended on a bus or limousine holding stand in violation of Subsection (2) (b) is illegally parked and may be removed from the holding stand and impounded with all towing and storage fees to be paid by the vehicle owner. � � SECTION 5-2. REGULATIONS FOR USE OF HOLDING STANDS (1) While using a bus or limousine holding stand, a bus or limousine driver shall not: � (a) leave his bus or limousine except to assist a passenger as is reasonably necessary after being engaged; , (b) perform or allow to be performed repairs or maintenance on a bus or limousine while parked on the holding stand; or � (c) utilize the holding stand while off duty. � (2) A bus or limousine driver operating�a scheduled service shall: � _�o�_ � � M ��� s , - ; ; �� � . i 1 �� / 1 ' (a) remain at the holding stand only'�,�long enough to load or discharge passengers and then expeditiously progress to the next scheduled holding stand or exit the airport; and ( (b) enter a holding stand only at those times listed in the schedule on file with the administrator. „�,�,, � SECTION 5-3. LOADWG AND DISCHARGE OF PASSENGERS �"`� (1) A driver shall load passengers and baggage into a bus or limousine only at ', designated holding stands. (2) Unless otherwise authorized by the�administrator, a driver shall use the lower level at terminals to discharge passengers, except when increased hardship would result 1 to a passenger afflicted with a physical or mental disability. ISECTION 5-4. CRUISING THE AIRPORT j (1) A driver shall not cruise the airport. A driver is "cruising" anytime that he I drives a bus or limousine within 1,000 feet of a terminal or a hotel on the airport ! without: i �� (a) a passenger to be discharged at the terminal or hotel; I (b) following the approved schedule and route contained in the holder's '�"� � operating authority, if applicable; (c) trip authorization by the administrator; � (d) assignment for a prearranged trip; or (e) taking a direct route to leave the airport. 1 SECTION 5-5. SOLICITATION AND ACCEPTANCE OF PASSEIVGERS (1) A person commits an offense if he: (a) by word or gesture solicits or accepts a passenger for a bus or limousine -102- � �.� . � _..� / / i � � at the airport in a location other than an area specifically authorized by the 1 administrator for the solicitation or acceptance of bus or limousine passengers; (b) solicits a passenger by means of an electronic device designed to amplify � sound or in a manner that unreasonably annoys or obstructs the movement of a person; or ,,,�:� (c) pays an employee of another business to solicit passengers for or give a preferential treatment in directing passengers to a bus or limousine, unless the person �{'"" has written permission from the administrator and the executive director of the airport, 1 or his designated representative. � SECTION 5-6. CONDUCT OF DRIVER . � (1) A driver shall: l (a) conduct himself in a reasonable, prudent, and courteous manner; f (b) maintain a sanitary and well-groomed appearance; I (c) not respond to a dispatched call assigned to another driver; (d) not consume or possess 1. an alcoholic beverage�, 2. any drug�, or 3. � a� other substance$ which could adversely affect his ability to drive a motor vehicle; I (e) not interfere with the administrator in the performance of his duties; �� (f) not gather, congregate, or otherwise obstruct entrances or passageways �""` of any terminal, hotel, or other airport building in a manner that unreasonably annoys or 1 � impedes the movement of a person; 1 (g) comply with lawful orders of the administrator issued in the performance � of his duties; and (h) not deposit any bottle, can, trash, debris, junk, or other object on er � around a holding stand except in an authorized trash receptacle. , � � SECTION 5-7. RETURN OF PASSENGER'S PROPERTY � -103- -� � i `' , - 1 i ��-� / i 1 � Upon finding property left by a passenger in a bus or limousine, the driver shall � immediately return the property to the owner. If the driver is unable to locate the owner or if the driver does not know the identity or whereabouts of the owner, the driver shall, ! within 24 hours of discovering the lost property, deliver the property to the holder and notify the administrator of the location and description of the property. � SECTION 5-8. LIMOUSINE SERVICE *� (1) Limousine service, unless authorized for scheduled service, shall be operated on I a prearranged basis. All arrangements for limousine service must be made prior to the limousine entering into the terminal area of the airport. (2) When entering the terminal area of the airport, a driver who furnishes prearranged limousine service shall have in his possession, and present to the administrator upon request, written documentation indicating the following information: (a) the name of the customer or customers; (b) the number of individuals in the party; (c) the airline carrying the customer or customers; (d) the f light number; (e) the flight arrival time; and �� (f) the destination of the limousine trip. �� (3) A driver furnishing prearranged limousine service shall not accept any passengers at the airport except those for whom service has been prearranged and documented in accordance with Subsection (2) of this section. (4) A driver furnishing prearranged limousine service shall not drive into the 'I terminal area of the airport more than five minutes prior to the scheduled arrival of the flight carrying the customer for whom limousine service is to be provided. If a flight is delayed, the driver shall not occupy a bus or limousine holding stand more than five minutes prior to actual arrival of the customer's flight. -104- � �..� , _J i i , / 1 � (5) A limousine driver shall load customers and baggage into the limousine and 1 immediately leave the terminal area. � � SECTION 5-9. CHARTER BUS SERVICE �„ (1) Charter bus service shall be operated on a prearranged basis. All arrangements for charter bus service shall be made prior to the charter bus entering into the terminal , area of the airport. (2) When entering the terminal area of the airport, a driver furnishing charter bus � service shall have in his possession, and present to the administrator upon request, written documentation indica�ing the following information: ' � (a) the name of the customer or customers; 1 (b) the number of individuals in the party; 1 (c) the airline carrying the customer or customers; I (d) the flight number; � (e) the flight arrival time; and (f) the destination of the charter bus trip. � (3) A driver furnishing charter bus service shall not accept any passengers at the �;� airport except those for whom service has been prearranged and documented in �' accordance with Subsection (2) of this section. 1 (4) A driver furnishing charter bus service shall not drive into the terminal area of � the airport more than five minutes prior to the scheduled arrival of the flight carrying � the customer for whom charter bus service is to be provided. If a flight is delayed, the driver shall not occupy a bus or limousine holding stand more than five Rlinutes prior to , the actual arrival of the customer's flight. (5) A charter bus driver shall load customers and baggage into the bus and J immediately leave the terminal area. J . � -t05- ��.:� ��� ��� i t / 1 SECTION 5-10. SCHEDULED BUS AND LIMOUSII�� SERVICE (1) Scheduled service for buses and limousines shall be operated along routes and � schedules as specified in the holder's operating authority. (2) A driver or holder shall follow the scheduled route regardless of whether the bus or limousine is filled to capacity, unless otherwise authorized by the administrator. ,��, (3) A driver commits an offense if he drives into a terminal area or solicits or accepts passengers at a time or location or in a manner other than as provided for in the �"`� holder's operating authority. , (4) The driver or holder of a bus or limousine commits an offense if the bus or limousine enters into a terminal area without displaying an outbound destination sign that is clearly visible, both day and night, to awaiting passengers. � (5) A scheduled bus or limousine service shall serve each approved route on a frequency schedule with not more than 120 minutes between scheduled departure times i from the airport. A scheduled bus or limousine service shall provide continuous service � at least 12 hours a day, six days a week and at least eight hours a day, one day a week. A scheduled bus or limousine service is not required to operate on the following holidays: ' (a) New Year's Day (January 1); �� (b) Memorial Day (Last Monday in May); 1 (c) Independence Day (July 4); ��" 1 (d) Thanksgiving Day (Fourth Thursday in November); and (e) Christmas Day (December 25). � This subsection does not apply to a scheduled bus or limousine service with all points of destination outside Dallas and Tarrant counties. � (6) Each scheduled bus or limousine service shall provide service at times specified � in the operating authority. A scheduled service shall maintain an "on time" rating of zero to 10 minutes after scheduled arrival time for not less than 80 percent of the total scheduled trips. Computation of "on time" ratings will be determined using sampling -106- w,� �,� _.J i � procedures established by the administrator. 1 (7) All buses or limousines authorized for scheduled service shall be owned or controlled by the holder. � (8) All drivers of buses or limousines operating on a scheduled service shall be � employees of the holder. � (9) A holder of scheduled service operating authority may not subcontract his `'�'' operating authority. � (10) A holder of operating authority for a scheduled limousine service that uses � shared ride/shuttle vehicles shall log, on a tape recorder and in a manner approved by the administrator, all radio and telephone communications between all customers and the � limousine service dis atcher and between the limousine service dis atcher and all � l drivers. The purpose of the log is to document the limousine service's dispatch of extra ! vehicles to complete scheduled routes for vehicles that are filled to capacity. l SECTION 5-11. OFF DUTY STATUS OF BUSES AND LIMOUSINES I (1) Each bus or limousine is presumed to be on duty and ready to serve the general Ipublic for hire. If a driver is off-duty and does not intend to provide bus or limousine � service at the airport, he shall comply with the following requirements: "� (a) The driver shall place a sign, to be provided by the holder, in the bus or limousine indicating the words "OFF DUTY" printed in letters not less than three inches � in height with a stroke of not less than 3/8 inch. The letters shall be on a backing of I sufficient thickness to not easily bend. J (b) When a driver is off-duty, he shall display the sign,in an upright position Iin the front window on the right side of the bus or limousine so as to be easily seen and read from outside of the bus or limousine. J (2) An off-duty driver shall not park or stand his bus or limousine on a bus or � limousine holding stand or within 500 feet:of a bus or limousine holding stand or along or � _1�,_ ��,.� '�'—_J � M ', in the one hour parking zones of the airport roadways. � � ARTICLE VI. FARES � SECTION 6-1. RATES OF FARE �� ' (1) A driver or holder shall not charge a fare for operating a bus or limousine at the ' airport that is inconsistent with the rates authorized in the holder's operating authority. (2) A holder desiring to effect a change in the approved rates of fare shall submit a , written request in accordance with Section 2-4 of the rules and regulations. � (3) The rates listed in the holder's operating authority shall be strictly adhered to, � and no change in rates may be implemented without written approval of the � administrator. � (4) The administrator may require a holder to display rates on or within a bus or limousine in a manner prescribed by the administrator. 1 (5) The driver or holder shall give the person paying a fare a ticket or receipt that indicates the name, address, and phone number of the bus or limousine company and the � II amount of the fare. �� ��'1 I'� '� ARTICLE VII. VEHICLES AND EQUIPMENT SECTION 7-l. VEHICLE INSPECTION (1) A holder shall maintain vehicles in safe mechanical condition and shall maintain � the interior and exterior of the vehicles in good repair. I� -108- �` �, � I� ��. �,+�.-- , � _� I _ `, / � + , (2) A holder shall have each vehicle to be used ira bus or limousine service inspected .� � ; in a manner approved by the administrator before operating authority is issued and at such other times as may be ordered by the administrator. Inspection shall determine 1 safety of the vehicle, condition of maintenance, and compliance with state and federal laws regulating emission of air contaminants. (3) A holder may have a reasonable number of reserve vehicles inspected for use '�" when a vehicle designated by operating authority i.: out-of-service. The administrator � shall determine the number of reserve vehicles that a holder may have inspected when � reserve vehicle inspection is requested. --� (4) The fee for each inspection of each vehicle of a holder X� $��� will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, � as amended. (5) The administrator shall designate the time and place for annual inspection of 1 vehicles operated under operating authority. If the administrator designates someone � other than a city employee to perform the inspection, the applicant or holder shall bear the reasonable cost of inspection. C (6) A holder may contract for maintenance but shall be responsible for maintaining � all vehicles operated under his operating authority in safe operating condition. � r � SECTION 7-2. VEHICLE EQUIPMENT (1) A holder, owner, or driver of a bus or limousine shall provide and maintain [he �� following equipment for each bus or limousine: (a) an air conditioner system capable of cooling the passen�er compartment � to ZO degrees below the outside temperature and a heater; (b) a fire extinguisher of at least one quart capacity; and � (c) a decal complying with Section 7-3 of the rules and regulations. � (2) In addition to equipment specified ln Su6section (1) of this section, a holder, � -109- �—_.J .. i , �� / , � owner, or driver shall provide and maintain the follb�ving equipment and size and weight requirements for each bus or limousine used in a scheduled service: ' (a) a minimum interior height of 72 inches (floor to ceiling); e rovided b the � (b) sufficient wei ht ca acity, roof of which shall b p y , g P P holder, owner, or driver, such that the weight of the empty vehicle plus 150 pounds for � each seat shall not exceed the manufacturer's rated gross vehicle weight; (c) a minimum of one emergency exit in addition to the driver and passenger �"� doors; ', (d) a designated luggage holding area located separately from passenger ' seating; � , (e) lighted front destination signs; � (f) a uniform paint scheme which has been approved by the administrator; _ (g) the name of the company and the equipment number permanently affixed � to each side of the vehicle in letters not less than three inches high with a one-half inch �'Ijstroke; (h) a two-way radio on the company dispatcher's frequency that is � operational during scheduled service hours; �� (i) a minimum of three passenger seats for each stop along the route outside t the airport; and �° �' � (j) a sufficient number of vehicles to be used as backup for each route. �a� � ��t��rl �vc���r� �r ��t��t �����tt�g � �¢a����t�� ��� �� tz�m,��z�� ��r���� z� ��t � ����dX��� �� ��►��X� v�lt�► t�� ���6X����►fl �X��l �d�� v��Xg�t ����bX��►��d►t� ����tX��� Xd� ������tX�� �zl l�Yl t��l ��71 lm�l ��Il lt�l t�7 ��� �1� ���XX a�d►� Il l���l � (3) All buses and limousines and all bus and limousine equipment must comply with � all applicable federal and state motor vehicle safety standards. 1 (4) This section does not apply to a bus or limousine service with all points of {jdestination outside Dallas and Tarrant counties. j -110- _� �I .r��. �<,._. _..J -, 1 � (5) A holder, owner, or driver o eratin a scheduled limousine service is not � required to comply with vehicle requirements described in Subsection (2) (a), (c), (d), and (i) when using a shared ride/shuttle vehicle. � � SECTION 7-3. DECALS (1) A holder shall obtain from the administrator a decal indicating a bus or �� limousine authority to operate at the airport. The decal must be attached to each bus or limousine in a manner and location approved by the administrator. p�. (2) The administrator may cause a decal to be removed from a bus or limousine which at any time fails to meet the minimum standards for appearance, condition, age, � or equipment. The fee for reissuance of a decal to a bus or limousine from which a decal � has been removed by the administrator j� $x� will be in accordance with the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. � (3) A person committs an offense if he: _ (a) operates a bus or limousine at the airport with an expired decal or with .� no decal affixed to it, except for the sole purpose of terminating a trip that lawfully � originated outside the airport; (b) attaches a decal to a vehicle not authorized to operate as a bus or ''�" limousine at the airport; or (c) parks a vehicle on a bus or limousine holding stand with an expired decal 1 or with no decal affixed to it. � I ARTICLE VIII t ENFORCEMENT � � SECTION 8-1. AUTHORITY TO INSPECT � -111- � .,�—_� �� The administrator may inspect a bus or limousine service operating at the airport � to determine whether the service complies with the rules and regulations established for bus or limousine operation or other applicable law. i SECTIOIV 8-2. ASSISTANCE BY AIRPORT DEPARTMENT OF PUBLIC SAFETY �,� Upon specific request of the administrator, officers of the airport's department of public safety may assist the administrator in the enforcement of the rules and "�'�" regulations. SECTION 8-3. CORRECTION ORDER (1) If the administrator determines that a holder is in violation of the terms of its operating authority, the rules and regulations, a lawful order of the administrator, or other law, the administrator may notify the holder in writing of the violation and by � written order direct the holder to correct the violation within a reasonable period of � time. In setting the time for correction, the administrator shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation � involves equipment that is unsafe or functioning improperly, the administrator shall order � the holder to immediately cease use of the equipment. � (2) If the administrator determines that a violation is an imminent and serious "�� �� threat to the public health or safety, the administrator shall order the holder to correct � the violation immediately. If the holder fails to comply, the administrator shall promptly take or cause to be taken any action he considers necessary to the immediate II eniorcement of the order. (3) The administrator shall include in a notice issued under this section: (a) an identification of ihe violation; (b) the date of issuance of the notice; (c) the time period within whieh the violation must�be corrected; -112- . � �,,� _.J ; . / � ' (d) a warning that failure to comply with the order may result in suspension � or revocation of operating authority, imposition of a fine, or both; and (e) a statement indicating that the order may be appealed to the executive � director of the airport. �� ► SECTION 8-4. SERVICE OF NOTICE "`� (1) A holder shall designate and maintain a re�resentative to: ! (a) receive service of notice required under the rules and regulations to be � given a holder; and (b) serve notice required under the rules and regulations to be given a driver � em lo ed b or contracting with a holder. P Y Y � (2) Notice required under the rules and regulations to be given: (a) a holder must be personally served by the administrator on the holder or � the holder's designated representative or served by certified United States mail, five-day return receipt requested, to the address last known to the administrator of the person to � be notif ied, or to the designated representative of the holder; � (b) a driver licensed under Article III must be personally served by the administrator or served by certified United States mail, five-day return receipt `� requested, to the address, last known to the administrator, of the person to be notified, or to the designated representative for the driver; or � (c) a person other than a driver licensed under Article III or a holder may be � served in the manner prescribed by Subsection (2) (b) of this section. (3) Service executed in accordance with this section constitutes notice to the person ` to �ti�hom the notice is addressed. The date of service for a notice that is rnailed is the i date of receipt. i ; � SECTION S-5 APPEALS � ; � -113- ��5� � ��J i ; AT / I � , (1) If the administrator denies issuance or r�rewal of bus or limousine operating � authority, suspends or revokes bus or limousine operating authority, denies issuance or renewal of a bus/limousine driver's permit, suspends a bus/limousine driver's permit under Section 3-12, revokes a bus/limousine driver's permit, or issues a correction order under Section 8-3, the action is final unless, within 10 days from the date of receiving notice of ,��, ', the action, the affected applicant, holder, or driver files an appeal, in writing, with the � � executive director of the airport specifying the reasons for the appeal. �''� (2) The executive director of the airport or his designated representative shall act as the appeal hearing officer in an appeal hearing under this section. The hearing officer shall give the appealing party an opportunity to present evidence and make argument in �, his behalf. The formal rules of evidence do not apply to an appeal hearing under this 1 ' section, and the hearing officer shall make his ruling on the basis of a preponderance of � Ievidence presented at the hearing. (3) The hearing officer may affirm, modify, or reverse all or part of the action or ', order of the administrator being appealed. The decision of the hearing officer is final. 14 � ! �'� (4) The appealing party shall comply with the decision of the appeal hearing officer. � �� SECTION 8-b. CRIMINAL OFFENSES 1 (1) A person commits an offense if he violates or attempts to violate a provision of '�"'� � the rules and regulations applicable to him. A culpable mental state is not required for the commission of an offense under the rules and regulations unless the provision defining � ' the conduct expressly requires a culpable mental state. A separate offense is committed � each time an offense occurs. r'ln offense committed under the rules and regulatiuns is 1 punishable by a fine not to exceed $200. (2) Prosecution of an offense under Subsection (1) does not prevent the use of other ' enforcement remedies or procedures applicable to the person charged with or the �j ' conduct involved in the offense. _1' -114- �� �� I � � ► � � 6 � CHAPTER SIX � � COURTESY VEHICLE RULES AND REGULATIOI�IS � � � � � � _ � I S � � . . _.� . -115- .�.�_J ; i , � ', CHAPTER SIX ' COURTESY VEHICLE RULES AND REGULATIONS ARTICLE I �,,,� GENERAL PROVISIONS I�' PAGE �'�` Sec.l-1 Statement of Policy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .118 Sec.l-2 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .118 . . . . Sec.l-3 Authority for Administration and Enforcement . . . . . . . . . . . . . . . . . . . . . . .118 Sec.l-4 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .119 ARTICLE II ,' OPERATING AUTHORITY ' Sec.2-1 Operating Authority Required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .120 ', Sec.2-2 Application for Operating Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .121 � Sec.2-3 Renewal of Operating Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .122 Sec.2-4 Denial of Application for Issuance or Renewal . . . . . . . . . . . . . . . . . . . . . . . .122 Sec.2-5 Suspension and Revocation of Operating 1 ' Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .123 j Sec.2-6 Appeal of Denial, Suspension, or Revocation I of Operating Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .124 � '�, Sec.2-7 Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125 ', ARTICLE III „��, ' DECAL/INSIGIV`IA CRITERIA � Sec.3-1 Decal/Insignia lssuance Criteria . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .125 '"�`�` i , ARTICLE IV J SERVICE RULES AND REGULATIONS , Sec.4-1 Service Rules and Regulations . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .125 ' Sec.4-2 Holder's Duty to Enforce Compliance by I' Drivers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126 Sec.4-3 Holder's Service Responsibilities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126 Sec.4-4 Insurance . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .126 Sec.4-5 VehicleInspection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 Sec.4-6 Vehicle Equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .128 Sec.4-7 Headways . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .129 Sec.4-8 Conduct of Driver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .130 ' Sec.4-9 Authority toInspect . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .130 ' Sec.4-10 Correction Order . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .: . . . . . . . . . . . .131 ' Sec.4-11 Service of Notice . . . . . . . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .131 �� ��� _� ��_ ��:..�.w :� -., ; i -. ARTICLE V/ � � OFFENSES Sec.S-1 Parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . .133 � Sec.S-2 Loading and Discharge of Passengers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .133 - Sec.S-3 Solicitation and Acceptance of Passengers . . . . . . . . . . . . . . . . . . . . . . . . . . .133 Sec.S-4 Cruising the Airport . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .134 � Sec.S-5 Decals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . : : .134 Sec.S-6 Advertisement of Courtesy Vehicle Service . . .. . . . .135 �:,� . ARTICLE VI ' ENFORCEMENT Sec.6-1 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .135 � Sec.6-2 Offenses . . . . . . . . . . . . . . . . . . . . . . . . . . ;. . . . . . . . . . . . . . . . . . . . . . . . . . . . .136 �. � r ) _� 1 ��. � � . _1 .� � � . _11,_ � �� '""—_� i � + � ARTICLE I � ' GENERAL PROVISIONS , .��� SECTIOiV 1-1. STATEMEIVT OF POLICY It is the policy of the �Dallas/Fort Worth International Airport Board to promote � adequate and efficient courtesy vehicle operations at the Dallas/Fort Worth International ' Airport. To this end, Rules and Re�ulations for courtesy vehicle operations on the Airport are developed to protect the public health and safety, promote public � convenience and necessity, while minimizing adverse effect on efficient utilization of � roadway system and terminal curbside space. � li SECTION 1-2. PURPOSE , � ', To establish regulatory guidelines for the control of courtesy vehicles operating at � ', the Dallas/Fort Worth International Airport. ���'' � SECTION 1-3. AUTHORITY FOR ADMINISTRATION AND ENFORCEMENT � The Director of Transportation is designated as the administrator of the �' Dallas/Fort Worth International Airport Courtesy Vehicle Rules and Regulations. He � shall establish written procedures consistent with the Rules and Regulations for administration of the policy of the Dallas/Fort Worth Airport Board. The Department of Public Safety shall be responsible to enforce these Rules and Regulations insofar as they address offenses hereunder in Article 5 hereof. -118- w�w �.. � -� � ; ► � SECTIOIV 1-4. DEFIIVITIOIVS � The definition of a term in the Rules and Regulations applies to each �rammatical variation of the term. Unless the context requires a different definition: � (1) ADMIN[STRATOR means the Director of Transportation for the Dallas/Fort -���^ Worth International Airport, or his authorized agent, with the responsibility of implementing and administering the Dallas/Fort Worth International airport Courtesy � Vehicle Rules and Regulations. (2) AIRPORT means the Dallas/Fort Worth International Airport. � (3) AIRPORT BOARD means the Dallas/Fort Worth International Airport Board, the governing body of the Airport. . � (4) COURTESY VEHICLE means ever commercial vehicle as herein defined of � whatever passenger or pavload capacity used for the transportation of passengers and property owned by those passengers to, on, or from the Airport, not for hire or direct � compensation. (5) DEPARTME,NT OF PUBLIC SAFETY means the Department of Public Safety � of the Dallas/Fort Worth International Airport Board � (6) DEPARTMEIVT OF TRANSPORTATIOIV means the Department of � — Transportation of the Dallas/Fort Worth International Airport Board. � (7) DRIVER means an individual who drives or operates a courtesv vehi�le. (8) HEADWP�Y means the time interval between vehicles of the same operator � arriving at or driving through any area of a given terminal. � (9) HOLDER means a person, or his agent, who is granted operatin� authority to provide courtesv vehicle service at the Airport. � (10) HOLDING STAND means a public place reserved for use by courtesv vehicles and includes all authorized courtesy vehicle queuing, loading and holding areas. � (11) LEGAL RESIDENT means a citizen of the United States or a person residing � in the United States in accordance with Federal`Immigration Law's. � -119- ��..,� ' 1 • I / ' � / ; (12) OPERATE means to drive or to be in control of a courtesy vehicle. (13) OPERATING AUTHORITY means permission granted by the administrator to operate a courtesy vehicle service at the Airport. (14) OPERATOR means the driver of a courtesy vehicle, the owner of a courtesy vehicle, or the holder of a courtesy vehicle operating authority. �,� (15) OWiVER means the person to whom state license plates for a vehicle were issued. �� (16) PARKING REVENUE AREA means the area bounded by fences, gate control li equipment and arms, AIRTRANS guideway, and other areas from which the Airport , produces revenue from parking spaces. (17) PERSON means an individual, a corporation, a government or governmental subdivision, or an a�ency, trust, partnership, or two or more persons having a joint or common economic interest. (18) RULES AND REGULATIONS means the Courtesy Vehicle Rules and Regulations established under Chapter Six, "Courtesy Vehicle Rules and Regulations," of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board as amended. �� ARTICLE II �_� OPERATING AUTHORITY SECTION 2-l. OPERATING AUTHORITY REQUIRED ' (1) A_person may not operate a courtesy vehicle at the Airport without operating ', authoritv granted under the Rules and Regulations unless the person drivin� the courtesy � vehicle, or another who employs or contracts with the driver, has been granted operating authority under the Rules and Regulations. (2) A person shall not engage a courtesy vehicle which, he knows does not have -120- �w �, ,�„ _r --, { � � / � •' / operating authority or another form of permission from the administrator. � (3) Operating authority may not be transferred to another person. - (4) Operating authority shall not be required where: � (a) a courtesy vehicle is owned by a nonprof it organization, carries only � passengers associated with that organization, and does not receive compensation for carrying the passengers; � (b) a vehicle is provided by an emplc,�er or an employee association for use in transporting employees between the employees' homes and their place of business, � with the employees reimbursin� the employer or employee association in an amount calculated only to offset the reasonable expenses of operating the vehicles; � (c) a courtesy vehicle is owned and operated by the federal or state 1 government, by a political subdivision of the state, or by a person under contract with } the federal or state government, or political subdivision of the state for commercial, � governmental, institutional, and other type vehicle service; (d) a courtesy vehicle entered the Airport for the purpose of terminating a � trip that lawfully originated in another city or political subdivision; � (e) the services of a courtesy vehicle have been prearranged and authorized � — by the administrator. � SECTION 2-2. APPLICATION FOR OPERATING AUTHORITY � (1) To obtain operating authority, a person shall make application to the � administrator in the manner prescribed by this section. The applicant must be the person who will own or control the proposed courtesy vehicle. An applicant shall file with the � administrator a written, verified application along with the fee, if required. Said application may request information concerning the courtesy vehicle service and any � additional information the administrator considers necessary to the implementation and � enforcement of the Rules and Regulations or ttie protection of the public safety. -121- �,� � ,�..—�r --, 1 � --+ �' / t , 1 � (2) In addition to the application for operat`irig authority, a separate application � shall be submitted for each vehicle for which operating authority is being requested. (3) A holder commits a violation if he fails to comply with the conditions or � limitations placed on the operating authority under which he is operating. � � SECTIOIV 2-3. REIVEWAL OF OPERATIIVG AUTHORITY � (1) A holder shall apply for renewal of his operating authority at least 30 days "�'� before the expiration of the operating authority. �`f' ',, (2) Within a reasonable time from the date of application, the administrator shall � ' approve or deny the applicati+on for renewal. ° (3) The administrator shall renew the operating authority only if he determines � that the holder: (a) has performed satisfactorily under the terms of the operatin� authority; � and � (b) is in compliance with all requirements of the Rules and Regulations. (4) Operatin� authoritv shall be renewed annually in January. If the operatin� � authority is issued for a period of less than one year, the annual fee shall be prorated on � the basis of whole months. _� "�'� � SECTION 2-4. DENIAL OF APPLICATION FOR ISSUANCE OR RENEWAL (1) The administrator shall deny issuance or renewal of operatin� authority if he � f inds that the applicant has: (a) failed to comply with the requirements set forth in the Rules and , ReQulations or orders established under the Rules and Re�ulations ;or (b) been either convicted twice, or suspended twice, or convicted once and � sus ended once, for a violation of the Rules and Re ulations within the recedin two � � � � ears; or � -122- .�� �:� w-�#. � � 1 � (c) made a false statement as to a material matter in the application for � operating authority; or (d) been convicted for a violation of another city, state, or federal law or � regulation which indicates lack of fitness of the applicant to perform a public transportation service; or E (e) had his operating authority revoked within the preceding two years. � � � SECTIOIV 2-5. SUSPENSION AiVD REVOCATION OF OPERATIIVG AUTHORITY g� (1) The administrator may suspend or revoke operating authority if he determines that the holder has: , + (a) made a false statement as to a material matter in the application for �{ operating authority; ' (b) failed to comply with the provisions of the Rules and Regulations or � orders established under the Rules and Regulations; (c) failed to comply with the terms and conditions of the operating � authority, includin�, but not limited to, operating a type of service not authorized by the operating authority or operating a service in a manner not authorized by the operating authority; � (d) been convicted for a violation of another citv, state, or federal law or regulation which indicates lack of fitness of the hotder to perform a public transportation � service; � (e) failed to pay all required fees. (2) The administrator may suspend a holder's operating authoritv for a period nut � to erceed 60 days. At the end of the suspension period, the holder may file w�ith the administrator a written request for reinstatement of operating authoritv. The � administrator shall determine if the deficienc causin the sus ension has been corrected by the holder and approve or deny reinstatement of the operating authority. � ' � -123- ���� '"'—_.J i 1 (3) A holder whose operating authority has been revoked shall not reapply for operating authority before the expiration of 24 months from the date of revocation or, in the case of an appeal, the date the appeal hearin� officer affirms the revocation. SECTIOIV 2-6. APPEAL OF DEIVIAL, SUSPENSION, OR REVOCATION OF ,�»,�, OPERATIIVG AUTHORITY. 1 If the administrator denies issuance or renewal of courtesy vehicle operatin� �,� ' authority, suspends or revokes courtesy vehicle operating authority, or issues a penalty under the Courtesy Vehicle Rules and Regulations, the action is final unless within 10 days from the date of recei'ving notice of the action, the affected applicant or holder files an appeal, in writin�, with the Executive Director of the Airport specifying the reason for the appeal. (2) The Executive Director of the Airport or his designated representative shall � act as the appeal hearing officer in the appeal hearing under this section. The hearing i officer shall �ive the appealing party an opportunity to present evidence and make 1 argument in his behalf. The formal rules of evidence do not apply to an appeal hearing under this section, and the hearing officer shall make his ruling on the basis of a e� preponderance of evidence presented at the hearing. 3 The hearin� officer mav affirm, modify, or reverse all or part of the action or �,� order of the administrator being appealed. The decision of the hearing officer is final. (4) The appealing party shall complv with the decision of the appeal hearing officer. (5) If the holder appeals the suspension or revocation of courtesv vehicle operating authority, he may continue courtesy vehicle service at the Airport pending the appeal ' unless the administrator determines that continued operation by the holder would impose an immediate threat to the public safety. -124- �� �.�, _,.r I i ; A' / � , , SECTIOIV 2-7. FEES. � Holders granted operatin� authority shall be assessed fees in accordance with the - Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. � • -�, ARTICLE III. . � DECAL/INSIGNIA CRITERIA � � SECTION 3-1. DECAL/IiVSIGNIA ISSUANCE CRITERIA � Decals or other authorized insignia will be issued to those companies and/or agencies authorized to operate courtesy vehicles as stipulated in their specific operating � authority. � ARTICLE IV. � SERVICE RULES AND REGULATIOIVS � SECTION 4-1. SERVICE RULES AND REGULATIOIVS � (1) Holder's and Driver's Duty to Comply: � — (a) Holder In the operation of a courtesy vehicle service, the holder shall "�`"' complv with the terms and conditions of the operating authority and lawful orders of the administrator and the Rules and Regulations and other laws applicable to the operation � of the a licable service. (b) Driver. While operating a courtesy vehicle at the Airport, a driver shall � complv with the Rules and Regulations, other laws applicable to the operation of a motor _� vehicle within the boundaries of Airport property, and lawful orders of the administrator, and orders issued by the holder employing the driver in connection with the holder's J discharge of its duty under its operating authority and the Rules and Regulations. � . � -125- -.-�:.�, ��_J i I i . / � � ; . SECTION 4-2. HOLDER'S DUTY TO ENFORCE COl1�PLIANCE BY DRIVERS � (1) A holder shall establish policy and take all necessary action to prevent or � correct violations of the Rules and Regulations by drivers. (2) A holder shall not permit a driver who is employed by or contracting with the � holder to operate a vehicle if the holder knows or has reason to know that the driver has ,,� failed to comply with the Rules ar►d Regulations oc other applicable law. � �� SECTIOIV 4-3. HOLDER'S SERVICE RESPOIVSIBILITIES � (1) All service at the Airport shall be provided in accordance with service levels I ' and standards approved by the administrator. ' �� (2) All persons engaged in courtesy vehicle operations sha11 cooperate with the � administrator in all phases of his operations to provide prompt and efficient service. (3) All holders shall be responsible for training all drivers employed by or � contracting with the holders in general knowledge of the Airport to ensure correct and � accurate information is transmitted to Airport patrons should questions be asked re�arding location of facilities, services, or other assistance. � � SECTION 4-4. INSURANCE � (1) A holder shall maintain in force during the authorized period of its operating "�"w` � authority an amount and character of insurance coverage for all motor vehicles used in its courtesv vehicle service providing no less than comprehensive automobile liability of � $250,000 per person, $500,000 per occurrence for bodily in jury and death, and $100,000 for�roperty damage. Should the partial waiver of tort claims immunity of a 1 '�, municiqalitv be expanded as a result of the action of any governmental bodv or regulatory agency, the higher liability thereby imposed shall automatically become the _� minimum liability insurance limits required by this section. � Operating authority will not be �ranted or renewed unless the applicant or holder J -126- �.�w �-� „�--.�.r 1 � furnishes the administrator with all roof of insurance the administrator considers � necessary to determine whether the applicant or holder is adequately insured under this section. � (2) Except for self-ins�rance, insurance required under this section must: E�;�� (a) be carried with an insurance company authorized to do business in the State of Texas; �"" (b) name as additional insureds the Dallas/Fort Worth International Airport 1 - Board, the Cities of Dallas and Fort Worth, and their officers and employees; and 1� (c) include a cancellation rider under which the insurance company is required to notify the administrator in writing not less than 30 days before canceling or ` makin a material chan e to the insurance olic . 1 (3) A holder may be self-insured in the manner prescribed by the T'exas Safety- � Responsibility Act if the administrator determines that the holder can furnish protection � of the same character and amount as if the insurance were carried by an insurance company In considering authorizations of self-insurance, the adminisirator shall � consider the financial fitness and the past record of management responsibility of the � holder and may establish maximum coverage limits for which the holder may self- insure If at any time the administrator determines that a self-insured holder is unable � to provide adequate self-insurance, the administrator by written notice shall order the holder to acquire insurance from an insurance company and the holder shall comply with � the order not more than 30 days after the notice is served. � (4) A copy of documents establishing compliance with insurance requirements shall be on file with the administrator at all times. Failure to maintain minimum � insurance standards shall result in the immediate suspension of holder's operating authority If operating authority is suspended for failure to maintain insurance, it may � not be reinstated until satisfactory proof of insurance meeting minimum requirements is � submitted to and confirmed by the administrator. The fee for reinstatement of operating � -127- �� w� w�� i � authority after a suspension under this subsection is $200. � � SECTION 4-5. VEHICLE INSPECTION (1) A holder shall maintain vehicles in safe mechanical condition and shall � maintain the interior and exterior of the vehicles in good repair. All courtesy vehicles � will comply with the appropriate state and federal inspection laws and holder shall � maintain evidence of compliance. "�� (2) A holder shall have each vehicle to be used in courtesy vehicle service `�+ ' inspected in a manner approved by the administrator before operating authority is issued � and at such other times as may be ordered by the administrator. Inspection shall determine safety of the vehicle, condition of maintenance, and compliance with state � and federal laws regulating emission of air contaminants. (3) A holder may have a reasonable number of reserve vehicles inspected for use � when a vehicle designated by operating authority is out-of-service. The administrator � shall determine the number of reserve vehicles that a holder may have inspected when reserve vehicle inspection is requested. � (4) The administrator may designate the time and place for annual inspection of �w� vehicles operated under operating authority. If the administrator desi�nates someone � other than an Airport Board employee to perform the inspection, the applicant or holder `���° � shall bear the reasonable cost of inspection. (5) A holder mav contract for maintenance but shall be responsible for jmaintaining all vehicles operated under his operating authority in safe operating . J ' condition. _��� SECTION 4-6. VEHICLE EQUIPMEIVT � (1) A holder, owner, or driver of a courtesy vehicle shall provide and maintain the � following equipment for each courtesy vehicle: _;� -128- �� �...� V1 ' i �..—_..� / , � 1 . � � , (a) an air conditioner system capable of cooling the passenger compartment � to 20 degrees below the outside temperature and a heater; - (b) a fire extinguisher of at least one quart capacity; and � (c) a decal complying with Section 3-1 of the Rules and Regulations. -� (2) All courtesy vehicles and all courtesy vehicle equipment must comply with all � — applicable federal and state motor vehicle safety standards. � (3) This section does not apply to a court�sy vehicle service with all points of destination outside Dallas and Tarrant counties. � � SECTION 4-7. HEADWAYS � � ' (1) Passengers, baggage, and goods shall be loaded and unloaded or services 1 delivered into a courtesv vehicle only at designated holding stands or permitted spaces. 1 (2) Unless otherwise authorized by the administrator, courtesy vehicles shall use � the lower level at terminals to discharge passengers, except when hardship would result to a passenger afflicted with a physical or mental disability. � (3) Between the hours of 6:00 a.m. and 11:00 p.m., each holder shall maintain ] average headways between its vehicles of not less than five (5) minutes; however, at no �* time shall a holder run more than twenty (20) vehicle trips during any sixty (60) minute , � period, includin� "looping" vehicles. For purposes of this Section, a "looping" vehicle is a vehicle which passes through any sub-terminal without stopping. Any planned decrease in � headway times from these must first receive administrator's prior written approval not � less than seventy-two (72) hours before such change. (4) The administrator may impose reasonable penalties a�ainst any holder for , violation of that operator's headways, which may include the following: (a) institution of headway penalties, which may include a temporary or -� permanent increase in the headway times between holder's vehicles; or { (b) such other penalties as the administrator may reasonably determine as l - � -129- �� ' ;� �. : �r'� / , i � j. / � � necessary to ensure future compliance with this sect.ion. � (5) . The administrator will devise a reasonable, objective method of review to � ascertain any such holder's headways from time to time. Such method of review will take into account peak traffic times, holiday periods and the like. � � SECTION 4-8. COIVDUCT OF DRIVER � (1) A dr iver shall: �� (a) conduct himself in a reasonable, prudent, and courteous manner; and �, (b) maintain a sanitary and well-groomed appearance; and I (c) not consume 1. any alcoholic beverage, 2. any drugs or 3. any other � substance which could adversely affect his ability to operate a motor vehicle; and � (d) not interfere with the administrator in the performance of his duties; � and (e) remain in their vehicles, except to assist passengers with their luggage � or to offload their payload; and (f) comply with lawful orders of the administrator issued in the � performance of his duties; and � � $ not deposit any bottle, can, trash, debris, junk, or other object on or � around the Airport except in an authorized trash receptacle, and � (h) abide by all Rules and Regulations of the .Airport Board regarding traffic control, personal conduct, and other applicable state and tocal laws and , regulations. ' SE.CTION 4-9. AUTHORITY TO INSPECT �� The administrator may inspect a courtesy vehicle service operating at ihe Airport to determine whether the service complies with the Rules and Regulations established � for courtesy vehicle operation or other applicable law. � -130- .�w� , �,� : , . i .�.•--�..� j , ( � 1 SECTION 4-10. CORRECTION ORDER (1) If the administrator determines that a holder is in violation of the terms of its ! operating authority, the Rules and Regulations, a lawful order of the administrator, or B other law, the administrator may notify the holder in writing of the violation and by written order direct the holder to correct the violation within a reasonable period of � time In setting the time for correction, the administrator shall consider the degree of danger to the public health or safety and the nature of the violation. If the violation � involves equipment that is unsafe or functioning improperly, the administrator shall order � the holder to immediately cease use of the eq�ipment. (2) If the administrator determines that a violation is an imminent and serious � threat to the public health or safety, the administrator shall order the holder to correct the violation immediately If the holder fails to comply, the administrator shall promptly � take or cause to be taken any action he considers necessary to the immediate � enforcement of the order. (3) The administrator shall include in a notice issued under this section: � (a) an identification of the violation; (b) the date of issuance of the notice; � (c) the time period within which the violation must be corrected; (d) a warning that failure to complv with the order mav result in suspension or � revocation of operating authority, imposition of a fine, or both; and � (e) a statement indicating that the order may be appealed to the Executive Director of the Airport. 1 SECTION 4-11. SERVICE OF NOTICE . � (1) A holder shall designate and maintain a representative to: J (a) receive service of notice r�quired under the Rules and Regulations to be � � -131- � ,:�, . � i • 1 ����r / � —, f � given a holder; and � (b) serve notice required under the Rules and Regulations to be given a � driver employed by or contractin� with a holder. (2) Notice required under the Rules and Regulations to be �iven: � (a) a holder must be personally served by the administrator on the holder or �,,,� the holder's designated representative or served by certified United States mail, five-day 1 return receipt requested, to the address last known to the administrator of the person to '��" be notified, or to the designated representative of the holder; � �' (b) a driver authorized b o eratin authorit ranted under Article II must � ' be personally served by the administrator or served by certified United States mail, five- day return receipt requested, to the address, last known to the administrator, of the � person to be notified or to the designated representative for the driver; or (c) a person other than a driver authorized by operating authority granted � under Article II or a holder may be served in the manner prescribed by Subsection (2xb) � of this section. (3) Service executed in accordance with this section constitutes notice to the � person to whom the notice is addressed. The date of service for a notice that is mailed is � the date of receipt. � �� l � ARTICLE V. OFFENSES _� 1 . ` _� -132- � �,,.� ' ,P ' � �r�.r� / � � 4, / � 1 • SECTION 5-1. PARKING � (1) All courtesy vehicles shall be parked only on �designated holding stands and for a maximum of five minutes. If holding or lavover exceeding five minutes is required, use � of designated layover areas is mandatory. (2) A person commits an offense if he: � — (a) parks a vehicle on a designated holding stand without authorization � from the administrator; or (b) leaves a vehicle unattended on a designated holding stand; provided, � however, that a driver may leave his courtesy vehicle to assist a passenger as long as he shall remain within 25 feet of his courtesy vehicle. � (3) In proving an offense under Subsection (2)(a), it is prima facie evidence that a � vehicle is unauthorized if the vehicle is not equipped with a decal in accordance with Section 3-1 of these Rules and Regulations. � (4) A vehicle left unattended on a designated holding stand in violation of Subsection (2)(b) is illegally parked and may be removed from the holding stand and � . impounded with all towing and stora�e fees to be paid by the vehicle owner. � SECTION 5-2. LOADING AND DISCHARGE OF PASSE.NGERS "'�"' A person commits an offense if he: (1) Loads passengers or baggage or discharges passenaers or baggage at the � Airport in a location other than an area specifically authorized bv the administrator for the loading or discharge of passengers or baggage to or from a courtesv vehicle. 1 � SECTION 5-3. SOLICITATION AND ACCEPTANCE OF PASSENGERS � r'� person commits an offense if he: � (1) by word or gesture solicits or accepts a passenger for a courtesy vehicle at the � Airport in a location other than an area specifically authorized by the administrator for � -133- , ��e� � ' �, 1 �..__.r % . � , �' / � , . the solicitation or acceptance of courtesy vehicle pa:�sengers; j (2) solicits a passen�er by means of an electronic device designed to amplify sound � or in a manner that unreasonably annoys or obstructs the movement of a person; or (3) �ays an employee of another business to solicit passengers for or give � preferential treatment in directing passengers to a courtesy vehicle, unless the person .�� has written permission from the Executive Director, or his designated representative. � �;.� � SECTION 5-4. CRUISIIVG THE AIRPORT A driver shall not cruise the Airport. A driver is "cruising" anytime that he drives � within 1,000 feet of a terminal or a hotel on the Airport without: (1) a passenger to be dischar�ed at the terminal or gate; 1 (2) followin� the approved schedule and route contained in the holder's operatin� � authority, if applicable; . (3) trip authorization by the administrator, � (4) assignment for a prearranged trip; or (5) taking a direct route to leave the Airport. � �� SECTION 5-5. DECALS � (1) A holder shall obtain from the administrator a decal indicatin� a `�`"� � courtesy vehicle authority to operate at the Airport. The decal must be attached to each courtesy vehicle in a manner and location approved bv the administrator. ] (2) The administrator may cause a decal to be removed from a courtesv vehicle which at any time fails to meet the minimum standards for appearance, condition, a�e or ' eauipment. The fee for the reissuance of a decal to a courtesv vehicle from ���hich a � decal has been removed by the administrator is $25. (3) A person commits an offense if he: � (a) operates a courtesy vehicle at the Airport with an expired decal or with � -134- � �� �:,.� . y t ��� / / 1 � no decal affixed to it, except for the sole purpose of terminating a trip that lawfully 1 oriQinated outside the Airport; (b) attaches a decal to a vehicle not authorized to operate as a courtesy � vehicle at the Airport; or � (c) parks a vehicle on a courtesy vehicle holding stand with an expired decal or with no decal affixed to it. � � SECTI0IV 5-6. ADVERTISEMENT OF COURTESY VEHICLE SERVICE (1) A person commits an offense under the Rules and Regulations if he advertises � or causes to be advertised the o eration of a courtes vehicle service that does not have 1 valid operating authority under this article when the advertisement is reasonably � calculated to be seen by persons seeking courtesy vehicle service at the Airport. � (2) It is a defense to prosecution under Subsection (1) that the person was the � publisher of the advertising material and had no knowledge that the courtesy vehicle � service did not have operating authority under this article. �� � ARTICLE VI. ENFORCE�'�iENT � � SECTION 6-l. ENFORCEtiiENT Enforcement shall be by the Department of Public Safetv for vehicle operation and � parking violations and by the Department of Transportation, or its authorized aaent for other violations of the terms and conditions of the operating authority w�hich may 1 possibly lead to the denial, revocation, or suspension of such operating authority under � these Rules and Regulations. , � " -135- ,,��, r� . ; w�� / � ! SECTION 6-2. OFFENSES ' (1) A person commits an offense if he violates or attempts to violate any provision oi Article 5 of these Rules and Regulations. A culpable mental state is not required for the commission of an offense under the Rules and Regulations unless the provision ,�� defining the conduct expressly requires a culpable mental state. A separate offense is committed each time a violation of any section of Article 5 occurs. Except as otherwise � � provided herein, an offense committed under the Rules and Regulations is punishable by a ' fine not to exceed $200.00. (2) Prosecution of an offense under Subsection (1) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with, or the - conduct involved in, the offense. � , �� , -136- �� r�,...:+�¢ � . 3 / . � / � I ; � � r ' 1 � . 1 �� _`� � V N CHAPTER SE E � POLLUTIOIV CONTROL RULES AIVD REGULATIONS � � � � � � � � � � . . � —137— . �.,;� � . , , s, = ; �—_J / -� i i / 1 �� �, � � CHAPTER SEVEN � POLLUTION COIVTROL RULES AND REGULATIONS 1 PAGE � Sec. l . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .139 ,�� Sec. 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .144 Sec. 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .144 � Sec. 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .145 �..� � 1 . � � 1 � � � �� � 1 �� . l J . � _13g_ �� �-..�� . q 9'. . � �_��� j r j ! � � CHAPTER SEVEN � POLLUTION CONTROL RULES AND REGULATIONS � � SECTION 1. � That the Code of Rules and Regulations of the Dallas-Fort Worth bt�g14���1 International Airport Board, adopted by Resolution Number 71-172, is hereby amended by � adding to Chapter Three thereof, entitled "Personal Conduct", a Section 17 to be entitled "Control of Introduction of Pollutants into Sanitary Sewers", such Section to read as � follows: � "SECTIOIV 17. Control of Introduction of Pollutants into Sanitary Sewers. (a) DEFINITIOIVS: � (1) DALLAS-FORT WORTH ���X�p41J��. INTERNATIONAL AIRPORT BOARD Dallas-Fort Worth ��g��i��X International Airport, herein sometimes called � "Board", means the (11) persons appointed to operate and establish policy for the ��gj��h�� International Airport pursuant to the Contract and Agreement entered into by �� and between the City of Dallas, Texas, and the City of Fort Worth, Texas, dated and �j effective as of April 15, 1968. i (2) AIRPORT Airport means the Dallas-Fort Worth 6��gX�d��X International � Airport situated in Dallas and Tarrant Counties. i (3) POLLUTANTS Pollutants means any one or more of the cnemical 1 substances set forth in Attachment 1 hereto which is a list promulgated by =he l.�r.�ted � States Em�ironmental Protection Agency. (4) TRINITY RIVER AUTHORITY Trinity River Authority, herein � sometimes called "Authority", is an agency of the State of Texas created by Article X�'I, � Section 59, of the Texas Constitution. , � -139- �.�.� . , � / ' w� ; � I! (5) ENVIRONMENTAL PROTECTION AGENCY Environmental Protection Agency, herein sometimes called "EPA", is an agency of the United States of America '� created in 42 U.S.C.A., Sec. 4321,to control environmental pollution. � (6) NONDOMESTIC SOURCE.S Nondomestic Sources means the places where sanitary sewer waste orginates other than structures built primarily for human � �� habitation. (7) PLUMBING FACILITIES Plumbing Facilities means all of the �,,� installations in nondomestic structures which provide for the entry of water.and the exit , of waste water. � (8) EXECUTIVE DIRECTOR . The Executive Director is the Chief Operating Officer of the Board appointed pursuant to Section S. of the 1968 Contract between the Cities. (9) SANITARY SEWER SYSTEM Sanitary Sewer System means all pipes, � sewerage installations and all other facilities for the conveyance and treatment of I�'� domestic waste water. � (10) BUILDING OFFICIAL Building Official means the Director of the � � Department of Planning and Engineering of the Board Staff or such other person as may be appointed same by the Executive Director. �� � (11) PUBLICLY OWNED TREATti1ENT WORKS Publicly Owned Treatment �� �Vorks herein sometimes called "POTW", means a sewer treatment plant o�vned bv State, l [vtunicipality or any agency of these two entities. � (12) DOMESTIC WASTE WATER (Sanitary sewerage) Liquid and water carried waste discharged from sanitary conveniences of dwellings, business buildings, � institutions and the like, including Properly Shredded Garbage. (13) INDUSTRIAL WASTES Liquid wastes from industrial processors as distinct from wastes in domestic waste water. � II,, -140- �� I • "�� ,__ I • � , _ 1 _� / / i � `1 .° / I (14) INDUSTRIAL USER (IU) Any perspn, including but not limited to, any � individual firm, partnership, corporation, association, municipality, or any other legal entity, who discharges or desires to discharge industrial wastes to the Board's Sanitary � Sewer System. (15) SIGNIFICANT IIVDUSTRIAL USER (SIU) Any industrial user who is : connected or desires to connect to the Board's sanitary sewer system and meets at least '"�' one of the following criteria: ! (i) Average industrial wastewater discharge rate greater than � 50,000 gpd. (ii) BOD and/or suspended solids concentrations in industrial � wastewater greater than 250 mg/1. � (iii) Industrial category regulated by National Pretreatment Standards as promulgated by the United State Environmental � Protection Agency. (b) It shall be unlawful for the occupant or lessee of any property or premises on � the Airport to introduce or discharge in any manner any of the following chemical � substances or pollutants, collectively called "pollutants", in concentrations shown in Attachment 1 hereto, into any opening, sink, basin, drain, toilet bowel, water closet, �' urinal or other receptacle which enters or is connected to any part of the sanitary se��er system of the Airport. In the event :hat the listing of the pollutants and/or the J percentages allowable shown in Attachment 1 shou!d be changed by the L:nited State � Environmental Protection Agency, its successor or alternate agency, then such change shall automatically become effective ���hen the change or new list is ph��sicallv attacned � to the Original of this Resolution and that portion so altered shall be considered rescinded and repealed. � (c) For each existing and future SIU, the Board shall require said user to � complete and submit a permit application containing the information specified in the � _�4�_ . ; �.� i- , , ,' / � � , attached application, Attachment 2 hereto. The Board shall provide a copy of the permit , � application to the Authority within (30) days after receipt. The Authority shall provide comments on said application within thirty (30) days of receipt and return comments to � the Board. Failure to comment within thirty (30) days of receipt of the permit application shall be construed as concurrence by the Authority. After approval of the � �� permit application by both the Board and the Authority, the Board shall issue a Permit to `� Discharge which shall be substantially similar to tt-� one shown on Attachment 3 hereto. i �:� Said Permit to Discharge shall be required of all SIUs before said user will be allowed to � discharge industrial wastes into the Sanitary Sewer System. The Board shall f orward a ' copy of the permit to the Authority. � (d) The Board shall re uire SIUs and IUs to com 1 with a licable Federal q P Y PP iCategorical Pretreatment Standards as well as any applicable state and local standards. (e) In dealing with the information contained in the SIU's permit application, the � Board shall comply with the confidentiality requirements of 40 CFR 403. 14. Effluent data shall be considered nonconfidential material. � (f) Dilution as a means of reducing pollutant concentrations in a SIU's waste � � stream shall not be allowed. 1 (g) The Board's Building Official for his designee shall be authorized to enter all „�,, � premises of all tenants (including all IUs and SIUs) at any reasonable time to carry out all �� inspections, surveillance and monitoring procedures necessary to determine compliance � �vith the terms hereof. Such inspectors shall have the right of entry to any premises ur � property, or any room or compartment, for the purpose of inspecting, sampling and � monitoring industrial waste discharges, and revie�ving and copying applicable recor�s. `,� The analysis of waste discharges shall be conducted in accordance ��•ith EPS- I approved procedures as included in 40 CFR 136, Guidelines for Test Procedures for the � Analysis of Pollutants. The anlysis of any parameter not included in 40 CFR 136 shall be � conducted in accordance with procedures established in the 15th edition of STAtiDARD � _142_ � � ,� " : ..._-� / � ! � METHODS FOR THE EXAMINATION OF WATER AND �'ASTE �C'ATERS, APHA - AWAA ; - WPCF, 1981. � (h) The Board shall require all IUs and SIUs to submit self-monitoring reports at � their expense. These reports shall include, but not be limited to, compliance schedule �� progress reports, compliance reports on categorical standards deadlines, and any 5 reporting required of categorical industries by the EPA. "�+ ' (i) The Board may require IUs and SIUs to pay applicable fees for the following: 1 1. Inspection of the premises to determine compliance; � 2. Sampling and testing of industrial waste discharges to determine compliance; � 3. Disconnection/reconnection of service resulting from noncompliance; -� 4. Abnormal strength wastes; 5. Additional costs incurred by the Board or the Authority in transporting � or treating wastes; 6. Filing, revising or renewing of permit application. � (j) The Board shall provide public notification to IUs or SIUs for instances of -t violations. � (k) The Board shall deny/revoke permits, disallow/disconnect sanitary sewer � service, and seek other available legal and equitable remedies against IUs and�SIUs for: 1. Discharge to Sanitary Sewer System resulting in violation of � Authority's discnarge permit conditions; 2. Hazard to health or life of Authorit}�'s personnel or uses of receivine � ��aters; � 3. Violation of any applicable la��, ordinance or regulation; 4. False information transmitted to approving authority through permit � application, monitoring reports, etc. (1) An Appeal by the occupant of lessee (including IUs a�nd SIUs) of premises who � . � -143- -���.� : ; �_J� / i ffeels aggrieved by any decision of the Board's Building Official may be made in writing to � the Executive Director, who may authorize another official to hear same. Sueh appeal shall be a necessary requisite to exhaust the appellant's administrative remedies." � SECTION 2. � �� That the sections, paragraphs, sentences, clauses, phrases and words of this � Resolution are severable, and if any such section, paragraph, sentence, clause, phrase or �� word of this Resolution should be declared unconstitutional by a valid, subsisting � Judgment or Decree of any Court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining sections, paragraphs, sentences, clauses, phrases or � words, since the same would have been enacted without the incorporation in this -� Resolution of any such unconstitutional section, paragraph, sentence, clause, phrase or word. Further, the passage of this Resolution shall in no manner affect any other � provision of the Code Of Rules and Regulations of the Dallas-Fort Worth �t�gj��h�X International Airport Board, and all such other provisions shall remain in full force and � effect. � SECTION 3. ..�► f That 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 1 exceed $1,000.00 for each offense, and each day a violation shall continue shall � constitute a separate offense; provided, however, that where the offense is one for w�hich a penalt�� is otherwise fixed by State or Federal la�ti, such �tate or Federal la��� snail ,i govern, if either is exclusive. l _J _� 4 -144- �� �,. ,� . � ...__�+ / -. i �' / � , , SECTION 4. ,,I;: � That 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 1 thereof and the penalty for violations thereof in a newspaper of general circulation in _�„ each of the Counties of Dallas and Tarrant. Such publications shall state that a breach 6 hereof will subject the violator to the infliction of a penalty and shall state that the full � text of this Resolution is on f ile in the Principal `�f f ice of the Board, where the same may be read by any interested party. � PASSED this 1 st day of May , 1984. � i � Attest: BOB BOLEN, Chairman � Dallas-Fort Worth �t¢g����il International Airport Board � Staff Secretary Dallas-Fort Worth �t�gX���l International � Airport Board � � �1 � _� J � . . � -145- ��� ' � . � ; , .� w��� / _. ` ` / I , � , Attachment 1 '` _ Maximum Allowable ' Pollutant Concentration (mg/1) �� Antimony 0.010 Arsenic 0.100 '��"` Barium 2.000 Beryllium 0.010 Bismuth 0.500 Boron 1.000 Cadmium 0.100 Chromium (total) � 3.500 Cobalt 1.000 Copper 2.500 1 Cyanides 1.000 Fluorides 1.500 Hydrogen 5ulfide 0.100 Lead 2.000 lManganese 3.500 � Mercury 0.005 Molvbdenum 1.000 � Nickel 1.500 Phenol 0.005 Selenium 0.020 � Silver 0.100 Tin 1.000 Uranyl-lon 5.000 �,� �inc 2.500 � Cvanides or Cyanogen Compounds 0.200 (capable of liberating hydrocyanic "��" gas on acidification) � Total Toxic Organics 1.000 � 1 � � -146- �� �,:�, ' s • ; _..� /' i � � Attachment 2 � � APPLICATIOIV FOR A PERMIT TO DISCHARGE INDUSTRIAL WASTEWATER TO THE SANITARY SEWER z�'� � Note to Scgning Official: Please complete and return this application within 180 days. Signing otficials must have authorization to provide information on behalf of the �`� company. Information considered confidential by your company should be clearly marked � so that this information can be maintained in separate, limited access files. � SECTION �l. General Information 1. Company Name 2. Mailang Address Zip Code � 3. Facifity Address Telephone Number (address where sewer service is requested 4. Is company currently in operation at facility address? YES NO � SECTION 8. Products or Service Information l. Brief description of manufacturing processes or service activity at the facility � including rate of production, if applicable: � � � 2. Principal raw materials, including chemicals, catalysts, solvents, etc., used in any phase of the manufacturing process or service activity: � � � 3. tiumber of employees Hours per day of operation Days per �veek of operation 4. Starxiard Industrial Code 1Vumber (4 digits). � 5. List other environmental control permits held at this time. J 6. Attach a proper plat prepared by an engineer or architect showing locations of � water and sewer connections, manholes, traps, etc. .Also indicate the locations of an a�ceptable monitoring station for collecting samples and measuring flows of the industrial wastewater streams prior to discharge to the sanitary sewer. � . ( -147- J� �� . J ; . w� / -. � � . SECTION C. Wastewater Dischar�e Information 1 l. Indicate the types and quantity of industrial wastewater by completing the table below: 1 -� � Check Industrial Flow Flow Flow Appropriate Flow Metered Estimated Proposed �»�, Box For Average Daily/ (check (check For New Type Of Maximum Daily if yes) if yes) Industry � Wastewater (check if yes) �`� � i , �i (a) Process ' , Wastewater; . . � '' Continuous Discharge / Batch � Discharge / (b) Boiler Blowdown / � (c) Cooling Water Release / � (d) Plant and Equipment / Washdown � (e) Other . � / ( specify j ��� � For each �ti�astewater stream attach a schematic of �iater flow that depicts the � water source, industrial units where water is used and pretreatment units. " 2. �1%astewater Quality. The applicant must present information on the qualit}� oI industrial ��.�astewaters. Samples collected irom ���astewater streams snould be representative of daily operations. :�nal}•tical procedures should follo�v those in - ; 5tandard btethods for the Ezamination of ��ater and ��%astewater, APHA-r1�� \C .�- �! �� PCF, 14th Edition, 1975. � � . � -148- �� �� .:,, • � ' % �..��.�r // . i �, / � , � (a) Conventional Pollutants - In the spaces below, ind�icate the average and maximum value of each constituent in the discharge. 1 Maximum Average � Wastewater Constituent Value Value � Biochemical Oxygen Demand (5 day) mg/1 � Total Suspended Solids mg/1 pi-{ � pH units � Temperature °F � . . 9 1 � 1 � � 1 � l J J J . � -149- �.�:� . J . 1 _--� j . i � � / � e� , L, � (b) Priority Pollutant Information: Please indicate by�placing an "x" in the appropriate - box by each listem chemical whether it is "Suspected to be Absent", "Known to be Absent", "Suspected to be Present", or "Known to be Present" in your � manufacturing or service activity or generated as a by-product. � ITEM Suspected Known Suspected Known .��, NO. CHEti1ICAL COMPOUND Absent Absent Present Present � !. Asbestos (fibrous) ( ) ( ) ( ) ( ) `'�°� 2. Cyanide (total) ( ) ( ) ( ) ( ) � 3. Antimony (total) ( ) ( ) ( ) ( ) 4. Arsenic (total) ( ) ( ) ( ) ( ) , , 5. Beryllium (total) ( ) ( ) ( ) ( ) ' ', 6. Cadmium (total) ( ) ( ) ( ) ( ) � ' 7. Chromium (total) ( ) � � ( ) ( ) ( ) 8. Copper (total) ( ) ( ) ( ) ( ) 9. Lead (total) ( ) ( ) ( ) ( ) � 10. Mercury (total) ( ) ( ) ( ) ( ) 1 l. Nickel (total) ( ) ( ) ( ) ( ) 12. Selenium (total) ( ) ( ) ( ) ( ) � 13. Silver (total) ( ) ( ) ( ) ( ) 14. Thallium (total) ( ) ( ) ( ) ( ) 15. Zinc (total) ( ) ( ) ( ) ( ) 16. Acenaphtene ( ) ( ) ( ) ( ) � 17. Acenaphythylene ( ) ( ) ( ) ( ) 1 S. Acrolein ( ) ( ) ( ) ( ) 19. Acrylonitrile ( ) ( ) ( ) ( ) I 20. Aldrin ( ) ( ) ( ) ( ) } 21. Anthracene ( ) ( ) ( ) ( ) 22. Benezene ( ) ( ) ( ) ( ) � 23. Benzidine ( ) ( ) ( ) ( ) � 24. Benzo (a) anthracene ( ) ( ) ( ) ( ) 25. Benzo (a) pyrene ( ) ( > ( ) ( ) �°�` 26. Benzo (b) fluoranthene ( ) ( ) ( ) ( ) j 27. Benzo (g,h,i) perylene ( ) ( ) ( ) ( ) ) 28. Benzo (k) f luoranthene ( ) ( ) ( ) ( ) 29. a-BHC (alpha) ( ) ( ) ( ) ( ) � 30. b-BHC (beta) ( ) ( ) ( ) ( ) 31. d-BHC (delta) ( ) ( ) ( ) ( ) 32. g-BHC (gamma) ( ) ( ) ( ) ( ) 33. Bis (2-chloroeth}�l)ether ( ) ( ) ( ) ( ) , 34. Bis (2-chloroethoxy�)methane ( ) ( ) ( ) ( ) ' 3�. Bis (2-chloroisopropyl)ether ( ) ( ) ( ) ( j 36. Bis (chloromethyl)ether ( ) ( ) ( ) ( ) ,� 37. Bis (2-ethylhexyl)phthalate ( ) ( ) ( ) ( ) 38. Bromodichloromethane ( ) ( ) ( ) ( ) 39. Bromoform ( ) ( ) ( ) ( ) � 40. Bromomethane ( ) � ( ) ( ) ( ) 41. 4-Bromophenylphenyl ether ( ) ( ) ( ) ( ) � -150- �� �;. � ' ; `�.--_� / , , + 1 � � 42. Butylbenzyl phthalate ( ) ( ) � ) � ) 43. Carbon Tetrachloride ( ) ( ) � ) � ) � 44. Chlordane ( ) ( ) � ) ( ) 45. 4-Chloro-3-methylphenol ( ) ( ) ( ) � ) 46. Chlorobenzene ( ) ( ) ( ) ( ) � 47. Chlorethane ( ) ( ) ( ) � ) 48. 2-Chloroethylvinyl ether ( ) ( ) ( ) � ) 49. Chloroform ( ) ( ) ( ) � ) _,�,�,,, 50. Chloromethane ( ) ( ) ( ) � ) � 51. 2-Chloronaphthalene ( ) ( ) ( ) ( ) 52. 2-Chlorophenol ( ) ( ) ( ) � ) 53. 4-Chlorophenylphenyl ether ( ) ( ) ( ) � ) �"'i"�" 54. Chrysene ( ) ( ) � ) � ) ! 55. 4,4' - DDD O O � ) O 56. 4,4' - DDE ( ) ( ) � ) � ) � 57. 4,4' - DDT ( ) ( ) ( ) ( ) 58. Dibenzo (a,h)anthracene ( ) ( ) ( ) ( ) 59. Dibromochloromethane ( ) ( ) � ) � ) 60. 1,2' Dichlorobenzene ( ) ( ) � ) � ) � 61. 1,3- Dichlorobenzene ( )� ( ) ( ) ( ) 62. 1,4- Dichlorobenzene ( ) ( ) � ) � � 63. 3,3'-Dichlorobenzidine ( ) � ) � ) � � 64. Dichlorodifluoromethene ( ) � ) � ) ( ) � 65. l,l- Dichloroethane ( ) � ) � ) � � 66. 1,2- Dichlorethene � ) � ) � ) � � 67. 1,1- Dichlorethene ( ) � ) � ) � ) � 68. Trans-l.2- Dichloroethene ( ) � ) � ) � ) 69. 2,4- Dichlorophenol ( ) ( ) � ) ( ) 70. 1,2- Dichloropropane ( ) ( ) ( ) ( ) � 71. (Cis & Trans)1,3 - Dichloropropene ( ) ( ) ( ) ( ) 72. Dieldrin � ) � ) � ) � ) i 73. Diethyl Phythalate � ) � ) � ) � � ,� 74. 2,4- Dimethylphenol ( ) � ) � ) � � 75. Dimethyl Phthalate � ) ( ) � ) � � 76. Di-n-butyl Phthalate ( ) � ) � ) � � ' 77. Di-n-octyl Phthalate � ) � ) t ) ( ) 78. 4,6- Dinitro-2-methylphenol ( ) � ) ( ) ( ) 79. 2,4- Dinitrophenol � ) � ) ( ) ( ) � 80. 2,4- Dinitrotoluene ( ) ( ) ( ) � � 81. 2,6- Dinitrotoluene ( ) ( ) ( ) � � 82. 1,2- Diphenylhydrazine � ) � ) � ) ( � � 83. Endosulfan I � ) ( ) � ) � � 84. Endosulfan II � ) ( ) � � � > 8�. Endosulfan Sulfate � ) ( ) ( ) � � 86. Endrin t ) ( ) ( ) � � l 87. Endrin Aldehyde � ) ( ) � � � � � 8S. Ethvlbenzene � ) � � � � � � 89. Fluoranthene � ) � ) � ) � � � 90. Fluorene ( ) � � � � � � 91. Heptachlor � ) � ) � ) � � 92. Heptachlor epoxide � ) � ) � ) � ) 93. Hexachlorobenzene � ) ` � ) � ) � � � 94. Hexachlorobutediene � ) � ) � � � � [ -151- ( -a�� �� : .� • � ��_J / F �� li �'�i 95. Hexachlorocyclopentadiene ( ) � ) ( ) � ) , 96. Hexachloroethane ( ) ( ) � ) � ) � 97. Indeno (1,2,3-cd) Pyrene ( ) ( ) ( ) � ) 98. Isophorone ( ) ( ) � ) � ) ', 99. Methylene Chloride ( ) ( ) ( ) ( ) �- 100. Naphthalene ( ) ( ) � ) � ) I� lO1. Nitrobenzene ( ) ( ) ( ) ( ) ; 102. 2-Nitrophenol ( ) ( ) ( ) ( ) 103. 4-Nitrophenol ( ) ( ) ( ) ( ) 104. N-Nitrosodimethylamine ( ) ( ) ( ) ( ) �,,� 105. N-Nitrosodi-n-propylamine ( ) ( ) ( ) ( ) 106. N-Nitrosodiphenylamine ( ) ( ) ( ) ( ) 107. PCB-1016 ( ) ( ) ( ) ( ) 108. PCB-1221 ( ) ( ) ( ) ( ) '�� 109. PCB-1232 ( ) ( ) ( ) ( ) 110. PCB-1242 ( ) ( ) ( ) ( ) 111. PCB-1248 ( ) ( ) ( ) ( ) I, 112. PCB-1254 ( ) ( ) ( ) ( ) 113. PCB-1260 ( ) ( ) ( ) ( ) , 114. Pentachlorophenol ( )� � ( ) ( ) ( ) 115. Phenanthrene ( ) ( ) ( ) ( ) 116. Phenol ( ) ( ) ( ) ( ) 117. Pyrene ( ) ( ) ( ) ( ) 11 S. 2,3,7,8-Tetrachlorodibenzo- ' p-doxin � ) ( ) ( ) � ) 119. 1,1,2,2-Tetrachloroethane ( ) ( ) ( ) ( ) '�,� 120. Tetrachloroethene ( ) ( ) ( ) ( ) , 121. Toluene ( ) ( ) ( ) ( ) . '� 122. Toxaphene ( ) ( ) ( ) ( ) ��I� 123. 1,2,4-Trichlorobenzene ( ) ( ) ( ) ( ) 124. 1,1,1-Trichloroethane ( ) ( ) ( ) ( ) 125. 1,1,2-Trichloroethane ( ) ( ) ( ) ( ) � 126. Trichloroethene ( ) ( ) ( ) ( ) 127. Trichlorofluoremethane ( ) ( ) ( ) ( ) 128. 2,4,6-Trichlorophenol ( ) ( ) ( ) ( ) �, 129. Vinyl Chloride ( ) ( ) ( ) ( ) l �� ��'� 1 �'� � I � �� ( � 1 -152- ; w"�„ i I � ,� ;° 1 . *i . ��� / i ; � � , . �, ,: � For chemical compounds which are indicated to be "Known Present" please list and . provide the following data for each (attach additional sheets if needed). � Estimated Average Maximum �- Annual Loss To Concentration Concentration Item Usage Sewer In Discharge In Discharge No. Chemical Compound (lbs) (lbs/year) (mb/1) (mg/1) -v�. � � � . 1 � � � �,M.� 3 � � � � � . . � -153- �� � - j ; . �-�r� / 1 � � � , , �, 4� � 3. Is your discharge subject to national Pretreatment Standards established under 40 CFR, Chapter l, Subchapter N. � YES NO The above question must be answered with certainty. For additional information � regarding National Pretreatment Standards, applicant should contact Region VI of ,,,,,,,� the Environmental Protection Agency at (214) 767-2630 or the Trinity River Authority, Northern Regional Office at (817) 467-4223. � 4. For existing signif icant industrial users, if the answer to the above question is yes, �'�"' please indicate the applicable pretreatment standards in the space provided below � and attach a statement reviewed by applicant's authorized representative and certified by a qualified professional, indicating whether applicable pretreatment standards are being met on a consistent basis. If applicable pretreatment standards are not being met on a consistent basis, certified statement should indicate the � following: � � a. Whether additional operation and maintenance (O&M) and/or additional � pretreatment is required for applicant to meet pretreatment standards; and b. The shortest schedule by which applicant will provide additional O&M or � pretreatment. The completion date in this schedule must not be later than compliance date established for applicable pretreatment standard. � Applicable Standards � Constituent Limit(s) � � � � _� � � � � . . � _154_ ar� �;:� . � ' 1 ! ��-��.r / i � 5. For new significant industrial users describe the pretreatment processes proposed for your facility to meet the requirements listed in Item 4. (Examples: � neutralization, materials recovery, grease traps, sand traps, etc.) � � a _� ' I the undersigned applicant, being the authorized representative of the herein named company, do hereby request a Permit to continue to use or to establish an industrial � sewer connection at the location indicated herein and do agree to comply with provisions of City Ordinance Signature of Applicant Date � Name of Signee Please Print � 1Vame and phone number of person to contact regarding Permit information. � CORPORATE ACKIVOWLEDGMENT � THE STATE OF TEXAS )( .�� COUNTY OF )( Before me, the undersigned authority, on this day personally appeared � 1 j � of a corporation, kno�vn to me to be the person �vhose name is subscribed to the foregoing instrument, and acknowledged to me that he e�ecuted the same for purposes and � considerations therein etpressed, in the capacity therein stated and as the act and deed of said corporation. � Given under my hand and seal of office on the da}� of 19 � ' tiotary Public in and for County, Texas � � ,ti1y Commission Expires: � -155- �� �� ' � - i � �'-�.r / 1 � � � Attachment 3 1 DALLAS/FT. WORTH ���X��11J�jL INTERNATIONAL AIRPORT BOARD PERMIT TO DISCHARGE IIVDUSTRIAL WASTEWATERS � TO THE SAIVITARY SEWER ,,,,�, � Name of Industry "'""� (Permittee) � Address location of sewer service � Permit No. �. Account No. The above named Permittee is authorized to discharge industrial wastewaters to the � sanitary sewerage system according to the provisions of this Permit. Authorization is granted for a period beginning until 1 Authorized Representative Date � Dallas/Ft. Worth �t��j���.X International Airport Board � - �� , �� i 1 �,1 . a l � � -15b- �� �. �, il� 1 � i i wr��� � . r � / � r , A. EFFLUE�IT LIMITATIONS . � The quality of permittee's industrial discharges will be limited by the provisions of City Ordinance No. and the National Pretreatment � Regulations which include the following numerical limitations: STANDARDS �' � Average Concentration 1 Pollutant or Maximum Allowable and/or Load Pollutant Property Concentration, mg/1 mg/1 or lb/day � 1 1 The discharge of any pollutant at a level in excess of that identified and authorized by this permit, shall constitute a violation of the terms and conditions of this permit. Such ` a violation may result in permit revocation and/or the imposition of civil and/or criminal penalties. � B. MONITORING AIVD REPORTIiVG l. Permittee shall collect representative samples of the wastewater discharge and analyze these waters for the pollutants indicated in Section A. Where �,�E;.�, feasible, samples shall be obtained using flow proportional composite sampling techniques specified in the applicable Categorical Pretreatment Standard. VUhere composite sampling is not feasible, grab sampling is acceptable. The � permittee shall collect and anal}�ze sample(s) during a period. number interval) , 2. Permittee shall summarize monitoring information on a copy of the attached "Significant Industrial User Self �'lionitoring Report" form. Duplicates of this 1 form shall be submitted during the months ot and of each year to: City Engineer � Citv of Arlington with copy to: , Pretreatment Program Manager Trinity River Authority of Texas � P. O. Box 240 . . Arlington, Texas 76010 � -157- �� . � �—�J // ! 3' / � • 3. Failure to submit any report or informa;�ion required by this permit shall 1 constitute a violation. � ' 4. Any changes in the characteristics of the industrial discharges as a result of � modifications to the industrial processes must be reported. Modifications to the permit may then be made to reflect any necessary changes in process conditions, including any necessary effluent limitations for any pollutants not identified and limited herein. This permit is not transferrable to companies or � processes other than those to which it is originally issued. �,� 5. Permittee shall immediately notify the treatment plant manager at(214) 262- 1 5186 in the event of a slug loading of p�llutants as a result of an operational failure of pretreatment facilities or accidental spills. '��'' 6. Permittee must maintain records of all information resulting from any � monitoring activities for a minimum period of 3 years. Such records will include for all samples: � (i) The date, exact place, method; and time of sampling and the names of the person or persons taking the samples; � (ii) The dates the analyses were performed; (iii) Who performed the analyses; i (iv) The analytical techniques/methods used; and i (v) The results of such analyses. � Records shall be made available for inspection and copying by the city, or its representatives. � 7. Compliance Schedule: Activitv Date � , ��rr J 8. Permittee is advised that he made need to comply with additional regulations � listed as follows: � I I� � . t -15g_ J .�. �� � . , - ; �� � /� . � � � 1 �� n CHAPTER EIGHT 1 CONTRACT FUNDING RULES AND REGULATIONS � � . � � 1 � �� � � � � � � . � -159- �Y81� ? 1 • � "� /i 1 i i � � CHAPTER EIGHT CONTRACT FUNDING RULES AND REGULATIONS � PAGE � Sec. l Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .161 Sec. 2 Effective Date and Duration . .161 � Sec. 3 Scope . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .162 Sec. 4 Administration of Rules and Regulations . . . . . . . . . . . . . . . . . . . . . . . . .162 . . . � Sec. 5 Contracts Funded Entirely From Operating Revenues . . . . . . . . . . . . . . . . .162 ,��, Sec. 6 Contracts Funded Entirely From The Proceeds of Joint Revenue Bonds. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .163 Sec. 7 Coniracts Funded Partly with Joint Revenue Bonds � or Operating Funds and Partly With Funds of a , Tenant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .163 ' ' Sec. 8 Board Contract•Funded•Entirely by Tenant . . . . . . . . . . . . . . . . . . . . . . . . . . .165 � Sec. 9 Tenant Contractors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .165 � f 1 � � 1 �:� � � � �� � J . � � _160_ � �...� '. "'__"r / i / � � . � CHAPTER EIGHTy � - CONTRACT FUNDING RULES AND REGULATIOIVS � ECTION 1. PL;RPO E S S .� Under the provisions of Section 103(n)(7) of the Internal Revenue Code of 1954, as .� amended (the "Code"), and Section 1.103(n)-2T of the Temporary Regulations (the �� "Temporary Regulations"), it is possible that the �oint Revenue Bonds of DFW Airport may be required to be included with the State Private Activity Bond Volume Limitations � provided by the Code, as interpreted by the Temporary Regulations. Such determination is or may be influenced by the source and use of funding of construction coniracts at � DFVG' Airport, some of which funding is provided by DFW Airport Board through the l issuance of Joint Revenue Bonds or Special Facility Revenue Bonds. ! While the Board can and intends to continue to control the purposes for which it � issues Joint Revenue Bonds and Special Facility Bonds and to control the expenditures of funds from those sources, it has no control over the funding of a tenant's share of any � contract payments obtained from other sources. � It is the purpose of these Rules and Regulations to establish rules upon the basis of � which the Board will let contracts and will permit construction at DFW Airport by �,,, contractors not under contract directly with the Board, and to provide procedures by �vhich contracts, funded by sources outside the Board's control, will be permitted, all for , the purpose of making certain the Board's Joint Revenue Bonds remain outside the State � Private Activity Bond Limitations provided b�� the Code and the Temporary Regulations. ( SECTIO� 2. EFFECTI�'E DATE AND DI,�R�TION i The effective date of these Rules and Regulations is December 3, 1985, the date of , their adoption, and they shall remain in effect until modified or rescinded by the Board. 1 The Board expresses its intent to modify or reseind these Rules and REgulations at such J � -161- ��:.�, � 1 • 1 i � �.� / � � 4~ / � time as it has determined that relevant provisions ,of Section 103(n)(7) of the Code, as 1 interpreted by the Temporary Regulations, has bee,n changed, altered, interpreted or - applied in a manner that will permit the use of funds obtained by tenants from tax , exempt sources in the payment of contracts for DFW Airport improvements without � causing the Joint Revenue Bonds of DFW Airport to be included within the Private Activity Bond Volume Limitations provided by Section 103(n)(7) of the Code. �� 1 � �� SECTION 3. SCOPE � These Rules and Regulations are in addition to and not in lieu of any other rule, ' I regulation, policy, law or contract provision relating to procurement activities of DFW � Air ort. P � SECTIOiV 4. ADMINISTRATION OF RULES AND REGULATIONS � These Rules and Regulations shall be administered, under the direction of the Executive Director, by all employees of DFW Airport. The Executive Director, with the � advice of the Board's Legal Counsel and the Board's Bond Counsel for Joint Revenue Bond t financing, is authorized to develop policies, procedures a�d practices consistent � herewith. Such policies, procedures and practices shall be binding upon all employees, „�� � tenants and contractors doing business at or on the Airport. �� � SECTIOti 5. CONTR,qCTS FUNDED ENTIRELY FRO!�1 OPERATING REVENUES -� Any Board contract for improvements or additions to DFW Airport may be let bv the Board in accordance �vith established procurement requirements ��ithout further � inquiry as to the source of funding, and may relate to the improvement or extension of any properties comprising a part of DFW Airport. � � . . � � _162_ �� �.,:� • , , " ; � -..._-JJ / ; _' I 1 `� SECTION 6. CONTRACTS FUNDED ENTIRELY FROM THE PROCEEDS OF � JOINT REVENUE BONDS � (a) Subject to the limitation contained in paragraph (b) of this Section, any Board � contract for improvements or additions to DFW Airport which is to be funded from the proceeds of Joint Revenue Bonds may be let in accordance with established procurement -� requirements without further inquiry as to the source of funding. (b) A Board contract to be funded entirely from the proceeds of Joint Revenue ' � Bonds may not be let for the purpose of improving or adding to any part of any DFW Airport facility which was provided with the proceeds of obligations, the interest on � which was exempt from federal income taxes, other than Joint Revenue Bonds, issued � before October 5, 1984, unless: (1) The facility being improved, expanded or extended, in the opinion of � General Counsel can be disregarded under one of the three exceptions to the airport bond "contamination rules" contained in Section 1.103(n)-2T-Q9-A9 of the , Temporary Regulations; or i (2) the user of the facilities being improved, expanded or extended, has � made or makes a timely and effective election not to take an investment tax credit .� or deprecia.tion with respect to the prior facilities and the facilities being financed with the proceeds of the Joint Revenue Bonds, in a form and substance approved bv � the Board's Legal Counsel. � '� A T FUNDED P.�RTLl' �1 fTH JOI�tiT REVEtiUE BONDS OR SECTION 7. CO� TR. C S j OPERATING FUNDS Ai�D P.�RTLY 1�'ITH FUNDS OF r1 TE�AtiT J (a) Board contracts otherwise acceptable under established Board procurement � procedures and to be funded in part by the proceeds of Airport Joint Revenue Bonds or Airport operating funds and in part with funds provided by a terrant may be let upon the � � -163- „�,:�, . ; "„__..r / conditions contained in this Section. (b) Prior to the letting of a contract or executing a change order with respect to such contract, the Tenant must file an affidavit describing the source of funding of its ' share of contract costs. Such affidavit, to be in form and substance satisfactory to the Board's Legal Counsel, shall specifically contain, disclose, verify and warrant the � � � accuracy of the following information: � (i) the precise source from which the tenant obtained or expects to obtain its �.� share of funds, such as, tenant's operating revenues, bank loans, stock offerings, � sale of debt securities or other sources; and ' (ii) a listing of all issues of tax-exempt private activity bonds to which it is a � party and the proceeds of which are subject to its direction or influence, and the � location where the proceeds, if any, are on deposit, along with the name and � principal of f icer of the custodian or trustee holding such funds. � Based upon the information contained in such affidavit, the Board's Legal Counsel i may, but shall not be required to, request and obtain additional information. A contract � shall not be presented for approval by the Executive Director or the Board, as � appropriate, until such additional information has been supplied. 3 Additionally, the Board's Legal Counsel may, but is not obligated to, require the � � tenant to provide the following: �:� (i) the third-party verification, such as by a trustee or custodian holding funds � derived from tax-exempt financing, or a bank or banker or other party or source � providing the tenant's funding, which confirms that, as appropriate, the funds � designated for use in paying the tenant's share of contract pa}�ments are derived � � , from the source state, or that the third party wiil not permit the withdra���al oi �! funds held in its custody for the purpose of making improvements at DFW Airport � or will make such payments directly to the Board and will not permit a reimbursement of the tenant from the funds held by it for a purpose not permitted � � -164- �� �, �e � ', • F �-��� /, i • i � ++ ( � by these Rules and Regulations as specified to it by the Board's Legal Counsel; and � (ii) in the appropriate case, an election of the type described in Section - 6(b)(2) has been made. 1 (c) Prior to the issuance of any order to proceed on any contract funded by the combined sources described in this Rule, the tenant and the Executive Director shall :�„ have executed and delivered a Special Depository Agreement, substantially in the form �� attached hereto (with such modifications as ma;� be approved by the Board's Legal Counsel), and the tenant shall have complied with the requirements thereof. � SECTIOIV 8. BOARD CONTRACT FUNDED ENTIRELY BY TENANT � (a) Contracts otherwise acceptable under established Board procurement � procedures and to be funded entirely by or on behalf of a tenant may be let by the Board if the procedures prescribed in Section 7(b) hereof are also followed. � (b) Prior to issuing an order to proceed under the contract, the Board and the tenant shall execute a Special Depository Contract substantially in the form attached � hereto and the tenant shall have complied therewith. � SECTION 9. TENANT CONTRACTORS �, (a) No Airport tenant may authorize or direct another, on its behalf, to commerce 1 �i•ork on the Airport for any improvement or addition to the Airport without first giving _f the Board's Legal Counsel the information and, if reasonably deemed necessary by the Board's Legal Counsel to protect the tax-free status of Airport Bonds, the verification � and%or the election required in Section 3(b) hereof. � (b) Uo Airport tenant and no agent or contractor of an Airport tenant rr�a;. commence work on the Airport on any improvement or addition to the Airport without � first obtaining a permit from the Airport Executive Director. (c) The permit required in paragraph �(b) shall be issued only if the tenant _I � -165- R�� � . ry . , � 1 ��� / . i , / � . . performing, contracting for or authorizing the on-Airport work has given the Board's ,� � Legal Counsel the information and, if reasonably deemed necessary by the Board's Legal . Counsel to protect the tax-free status of Airport Bonds, the verification and/or election � required in Section 7(b) hereof. � �� � �:.� � � . 1 ! l � � 4 �� .� � �1 � �1 . . � -166- . "'"'�� �-,� . q ' �4 � i i �~�� / i . � � � r _� / CHAPTER NINE � COMMERCIAL ACTIVITIES 1 � � � 1 �. � .I � � _I � 1 � � � -167- ftrv�� �� u9 . { / f ��� / _ � 't � � � � CHAPTER NINE �� � COMMERCIAL ACTIVITIES �,,;:,,,� PAGE � , I, Sec. l Solicitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .169 � �', Sec. 2 Advertising . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .169 Sec. 3 Commercial Photography and Moving Picture Production . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .170 � Sec. 4 Newsracks . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .171 Sec. 5-1 Food Protection and Sanitation: Intent .172 Sec. 5-2 Designation of Health Authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .172 � Sec. 5=3 State Regulations•Adopted. : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : .172 Sec. 5-4 Definitions . .172 Sec. S 5 Food Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .173 Sec. S-6 Inspections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .175 � Sec. S-7 Food Manager•Certification. : : : . . . . : : : : : : : : : : : : : : : : : : : : : . . . . : : : : : : .176 Sec. 5-8 Options . . . . . . . . . .177 � � � �� � � � I � .L t -16H- _f �� � �_ . � , , ' 1 ••"—"_,J / , i c / � (� t ; � CHAPTER NIIVE V , � COMMERCIAL ACTIVITIES � � � � SECTION l. SOLICITWG (1) A person commits an offense if he solicits funds or anything of value for any � purpose at the Airport without a permit from the Airport Board except as provided in Section 4 of Chapter Three of this Code and, to the extent of any operations outside the � Airport boundaries, without a permit from any city in or through which such operations ., are conducted if such operations are lawfully regulated by such city. 1 (2) A person commits an offense if he sells or offers for sale anv article or jmerchandise on the Airport without a permit, concession or franchise from the Airport Board. (3) .A �erson commits an offense if he solicits anv business or trade. including �w.,, — transportation of persons or ba��age for hire on the Airport without a permit, concession .�� or franchise from the Airport Board, and, to the extent of any operations outside the � Airport Boundaries, without a license, permit or franchise from anv city through which said business or trade is conducted if lawfully regulated by the ordinances of any such � city• f SECTION 2. ADVERTISING l A person commits an offense if he posts, distributes or displays anv signs, j advertisements, handbill, circular or printed or written matter of a commercial nature at 1 the Airport without a concession or franchise from the Airport Board. ( -169- J �,� ��� � y, , , , � .�.� ; � + � � . / ';a � SECTION 3. COMMERCIAL PHOTOGRAPHY AND � MOVING PICTURE PRODUCTIOti � (1) A person commits an offense if he utilizes photographic or moving picture equipment for the purpose of picture-taking or moving picture photography in any area � designated as a "Restricted Area" within the Airport unless such person has obtained a � Permit from the Airport Board. � (2) A person commits an offense if he uses the Airport premises for the purpose of �_� � any commercial photographic, theatrical or moving picture production without a Permit from the Airport Board. An application shall be submitted to the Executive Director at � least three (3) days in advance of the first day sought for photographic or other similar production, excluding Saturdays, Sundays, and legal holidays, and shall include the � following: (a) the full name and street address of the applicant; � (b) the full name and street address of the organization sponsoring, � conducting, or promoting the production; (c) whether the producing organization is a branch or division of a national � orQanization and, if so, the name and street address thereof; (d) if the producing organization is a Texas corporation, a coov of its "�" � Coroorate Charter, as amended, shall be furnisned; if it is a foreign corporation, a copy .�� � of its rluthorized Certificate to do business in the State of Texas shall accomoanv the application; � (e) the purpose of the production; (f) the date or dates and hours of the production; �' ', � the location(s) proposed for such eroduction; and (h) the total number and size of production equipment required for the "� roduction and total number of ersonnel. � � �3) The Permit will be issued within three (3) davs of receipt of the .Applicati�n, � -i7G- , �� ,�<� . , � . ,� , . � , , ...--_„r / - � , � excluding Saturdays, Sundays and legal holidays; provided, however, that a permit � application may be denied or a permit �ranted hereunder revoked if one or mare of the statements m the application is found to be untrue. � � (4) �ime, location and manner: When permits are granted, the following rules and standards u�ll apply: � (� location: Permittees shall be escorted by Airport Board Personnel at all - times and �aall only be permitted to conduct the permitted activity in those locations �� � specif ied in the permit. � (� Permits will be issued for a period of not more than thirty (30) days. (c� manner of operation: � (A) a person may not engage in such production unless he carries such , permit grar�d under this section at all times while conducting production activities. 1 (B) a person conducting production activities hereunder shall, in that � connection, obey all applicable State and Federal laws and all applicable Rules and Regulationsof the Dallas/Fort Worth International Airport Board. � Permi�tees will not be permitted to conduct the activity for which the permit is issued (1) in Airport roadwavs, (2) inside airline gate departure lounges, (3) in areas �' restricted m airline or Airport personnel, (4) in restrooms, (5) in premises leased to a concessiona:�e, (6) in stairwells, staircases, elevators or escalators, (7) in ba�rage c!aim �� j areas, or (3) in anv area temporarilv or permanentiv restricted for conducting, or � promoting Cse produCtion. � SECTIO`' 4. VE��'SR,�CK� A peron commits an offense if he sells or distributes am� publication �n :`�e �. Airport arer�ises by means of newspaper stand, racks or other similar devices, e�ccept b� � franchise, c�ncession or permit granted bv the Executive Director. 1 . � � _���_ . .�� � �-� i ; . � � SECTION 5-1. FOOD PROTECTION AND SAIVITATION: INTENT : This section is intended to provide for the sale of onlv sound, properly labeled food; � to establish sanitary standards for food protection and service bv adopting by reference � the Texas Board of Health "Rules on Food Service Sanitation" and "Rules of Retail Store � � Sanitation"; by requiring a permit for operation of food establishments and by requiring � food service manager certification in food sanitation from a designated health authority. ��� � ', SECTION 5-2. DESIGNATION OF HEALTH AUTHORITY II The Airport Board shall by resolution .designate from time to time a health � authority for the purpose of ensuring minimum standards of environmental health and � sanitation within the scope of that department's function. � SECTION 5-3. STATE REGULATIONS ADOPTED (1) There is hereby adopted by reference the Texas Department of Health, � Division of Food and Drugs "Rules on Food Service Sanitation 307.73.11.001-.011" and the � "Rules on Retail Food Store Sanitation 229.231-.239", and the "Texas Food, Drug and Cosmetic Act" (Article 4476-5 Vernon's Civil Statutes), and the "Texas Sanitation and �•�•► j Health Protection Law" (V.C.S. Article 4477-1). � �.,� (2) A certified copv of each rule manual (above) shall be kept on file in the office Iof the Direct of Properties and Facilities at the Airport. � SECTIO'v 5-4. DEFItiITIONS ; � r�ll definitions in the "Rules on Food Service Sanitation" and the "Rules on Retail ' � Food Store Sanitation" are hereby incorporated by reference. In addition the following � definitions shall be understood. (1) Health Authority or Regulatory Authority: shall be �nderstood to mean the 1 � _1�2_ �� �:,� � a _ � .__.__� / �I i i / � representatives of anv health department or health a�encv designated by the Airport � Board to enforce the provisions herein by resolution o�' tHe Airport Board. (2) Service of Notice: a notice provided for in these rules is properly served when � it is delivered to the holder of the permit or the person in charge, or when it is sent by registered or certified mail, return receipt requested, to the last known address of the � holder of the permit. ���, (3) Ownership of Business: shall mean the owner or operator of the business. � Each new business owner or operator shall comply with these rules and regulations. � (4) Food Establishment: shall mean all places where food or drink are stored, sold, commercially prepared, or otherwise handled, whether offered for sale, given in � e�change, or given awav for use as food or furnished for human consumption. The � location of commerciallv packaged single portion non-potentially hazardous snack items ar,d wrapped candv sold over the counter, or by vending machine, is excluded. ) SECTION 5-5. FOOD PERMITS 4 (1) Reauirement: A person commits an offense if he operates a food establishment at the Airport without possessing a current and valid health permit issued ���-k bv the health authoritv desi nated b resolution of the Air ort Board. (2) Postin�: A valid permit shall be posted in public view in a conspicuous place at �;��. — - � the food establishment for which it is issued. � (3) Non-transference (Change of ownership): Permits issued under the provi�ions of this artic!e are not transferable. Upon change of ownershiD of a business the ne��� 1 business owner �vill be required to meet current standards as defined herein and state ia�t � before a permit u�ill be issued. (4) tilultiple permits: A separate permit shall be required for everv tvpe food � establishment and temporary food establishment, whether situated in the same building or at a separate location. Except that: (a) lounge operations located in the same build;ng 1 � _1,3_ � �,�� r �'_J f 1 � �. / operating under the same liquor license will not require a separate permit unless � potentially hazardous food is being served; (b) establishments with minimal food handlin� - involving limited preparation of potentiallv hazardous food (such as a snack bar) and � under common ownership may be grouped under one permit. All establishments with extensive food handling and/or open potentiallv hazardous foods will be required to have � a separate permit. � � (5) Suspension of permit: The health author�ty may suspend any permit to operate — ��w a food establishment if the operation of the establishment does not complv with the � requirements of these rules and regulations, state laws, or the operation of the food establishment otherwise constitutes an imminent health hazard. Before a permit is � suspended, the holder of the permit, or the person in charge, shall be notified in writin� � that their permit mav be suspended and that thev are entitled to a hearing, if a request for hearing is made in writing to the authority within 10 days from the date the notice of � suspension is receive. If no written request for hearing is filed within ten (10) davs, the permit will be suspended. The health authority may end the suspension any time if � reasons for suspension no longer exist. When a permit is suspended, food service � operations shall immediately cease. (6) Revocation of permit: The health authoritv may, after providing notice and an ,�,*,, j op�ortunitv for a hearing, revoke a permit for serious or repeated violations of anv of the � �wrrr requirements of these rules or for interference with the health authoritv in the � performance of its duties. Prior to re��ocation, the health authoritv shall notif`� the � holder of the permit, or the person in charQe, in writin� of the reason for �ti�hich the permit is sub�ect to revocation and that the permit shall be revoked at the end of ten (10) i davs fol(owing service of such notice unless a written request for a hearing is filed ��ith 1 ' the health authoritv bv the holder of the permit within the ten (10) dav period. I: nu � written request for hearing is filed within the ten (10) davs, revocation will be final. (7) Service of Notices: Notices shall be served in accordance with the Section 5- 1 � _1�4_ �+� �..� .,.�--� � I i � 4. (2) above. A copy of the notice shall be filed in the records of the heaith authoritv and � in the office of the Airport Director of Properties and Facilities, or to such other person as mav be designated by the Airport Board. � (8) Hearings: The hearings provided for in these rules shall be conducted by the health authoritv at a time and place designated by it. Based upon the recorded evidence � of such hearings, the health authority shall make a final finding, and shall sustain, modify -,�, or rescind any notice or order considered in the hearing. A written report of the hearing � decision shall be furnished to the office of the Airport Director of Properties and � Facilities and the holder of the permit, license, or certificate. (9) R�ht of appeal: Any permit holder who wishes to dispute the decision of a ' � hearing may appeal the decision to the director of the health authority issuing the order � being appealed. . (!0) Application after revocation. When a revocation of a permit has become final, � the holder of the revoked permit may make written application to the health authority for a new permit. � (11) Permit fees: Health permit fees, as established by the health authoritv are � due and pavable directly to the health authority in the amounts and at the times �� specified bv the health authoritv. �� SECTION 5-6. INSPECTIONS � (1) Pre-o�erational Inspection: The health authori?v shall inspect anv food establishment prior to its beginning operation to determine compliance w•ith these rules. � (2) On-aoina operations: The health authoritv sna11 be entitled to inspect an�� fo��d � establishment at anv time without prior notice in order to determine compliance ��•ith these rules. _� � . � � -175- �� �,� "�—_J , i � ! � SECTION 5-7. FOOD MANAGER CERTIFICATION � (1) Requirements: A person commits an offense if he operates a food establishment at the Airport without a manager, or person in charge, who possesses a � valid and current food manager's certificate, or equivalent, approved by the health authority designated by resolution of the Airpor� Board. A certified manager, or person � in charge, must be on duty during all hours of operation of any non-exempt food service �, I establishment employing six (6) or more employees; Provided that, only one certified � �,� . manager, or person in charge, shall be required to be on duty during all hours of operation � � in each terminal building for food establishments under common ownership and � operation. Onlv one certified manager, or person in charge, shall be required to be on � ' duty during all hours of operation at each hotel. (2) Manager's certification: Upon written application and presentation �f � evidence of satisfactory completion of a food manager's course, equivalent training or � examination as approved by the health authority, the health authority shall issue a food manager's certificate valid for three (3) years from the date of training or evaluation � unless sooner revoked. Suspension or revocation of an establishment's health permit by the health authoritv shall constitute cause for revocation of that manager's certification. � Whenever the food service operator holdin� the manager's certificate terminates � � emolovment, is terminated, or is transferred to another food establishment, the person owning, operating or managing the food establishment shall be allowed sixt�• (60) da��s �""�` � from the date of termination, or transfer of the certificate holder, to complv �t�ith this section. � (3) Exemotions from certificate requirement: Temporary food establishmenTs and � ' persons particic�ating as volunteer food handlers performing charitable activit:es `�r ' periods of fourteen (14) days or less mav be exempted from the requirement for t � mana�er's certificate. Exemptions are within the discretion of the health authoritv. J 1 � -176- �� �. .< � � � --, /� � , � � ` SECTION 5-8. flptions ' � Notwiths5anding the provisions of Section 5-5. ('4) and Section 5-7. (1), which provide for gro�ping of food establishments under one permit, and one certified manager � for food estab?ishments under common ownership and operation, each business owner �� shall have the option to waive the grouping provisions and obtain one permit for each � food establishraent, or temporary food establishment, and/or to maintain one certified � mana�er, or p�rson in charge, for each food establis�ment location. � , � , � � � �,�.� �� � � � � � . � -177- -. � ���r i i � ,� / i , �, � � � � - � �� i, �,� , CHAPTER TEN II ' PROCEDURES I�, ' � I �� ' �� � . -178- �..�, �.-.�, I � i � � 1 CHAPTER TEN � PROCEDURES � PAGE. �� Sec. l Intent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .180 Sec. 2 Airport�Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .180 � Sec. 3 Procedure for Adoption•of Airport Rules• • • . • • . . • • . . . • • . • • . • . • . • • • • . and Regulations . .181 Sec. 4 Adoption Procedures for Rules, Regulations � and Orders with Penal Provisons. . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .182 � � � ,� :� �� � � � � � � _1�9_ �:��:, �� �—_J i � � � , CHAPTER TEN � PROCEDURES � � SECTION l. INTENT � This Chapter is designed to establish authority and define procedures for the � adoption of additional resolutions, rules, regulations and orders necessary to the ��� ; � maintenance and promotion of the peace, good government and welfare of �he Dallas- Fort Worth International Airport, for the performance of the functions thereof, for the � order and security of its inhabitants, users anci visitors, and to protect the peace, lives, health and property of such inhabitants, users and visitors. � � SECTION 2. AIRPORT SECURITY � (1) Airport Police. The primary responsibility for police, fire and health security and for the enforcement of regulations, and for the performance of inspections and � ' services within the boundaries of the Dallas-Fort Worth International Airport shall be �+� ' vested in the Dallas-Fort Worth International Airport Board and in the police force and � such health officers as may from time to time be duly appointed and commissioned as �� j such officers by the Dallas-Fort Worth International Airport Board. f �2) $���X�X �11X��I��l Peace Officers. The Executive Director, or the person, jofficer or employee designated by him shall have the authority to appoint $���X�.X ; ���X���¢ Peace Officers for specific duties at the Airport upon the following conditions: ..j� (a) the ability, background, moral character, experience and other I! pertinent information relating to each applicant for such position shall be investigated by ! the a�ij�� Director of the Department of Public Safety of the Airport. Such investigation � may be conducted as deemed necessary and any questionnaires or informational forms � _ig�_ �� �_ ;„- k .�.--�-�+ � i � `� ( t may be required to be completed�by the applicant prior to appointment; � ��7 t���� X� ��t���6 iX��� � i�� �� iXit�b ���X�►'� �$S07 ��►� tV�� X������� �t � ���►�tt �� ��� r���� ������ �t ��r��t��zm� r�t����z�g ����z�r ���z¢�r� r�r ������z�� �� ��� � X�t�►'��.t1���t �t���t� �d�� � ��� �i t�� l$�v� ��� t�� X������� �� ��¢� ���fizt X���6�� t� � �� S���X�l �itX���l v��X�� ���XI �� ��XX����� ��b t�►� tA���.ft�h��� �t ��b�XX¢ S�i�t�6 bi ��� , tD�XX��f�'�ft W���� l�►�����iX���X �Xt��fi ���.�� �i ��� �X�� �t t�� X���6���� �t ��6�� -�� ����fiX��t l�Y ��� S���X�X �tiX��f�J ������Xt� �� ���t�6 ���� ���XX �4 ���ttX¢t�� 1� � ���X���t� ���rt►X��� ��� �f I��'����X��� X���iX4�►�t �� b) the duties and training of $�¢¢j�X �������g Peace Officers shall be as � prescribed by the ¢�iX¢� Director of the Department of Public Safety, who may require � any and all necessary written or oral reports on a periodic basis from such $�6��J�� ���X�¢�� Peace Officers; the required period of training for such $�¢¢X�X ���X��1�� Peace � Officers shail not be less than ��i�� f¢��bj¢�� �� ��,� �f�j���,¢�� �� t�� ¢l�X�� �� 1��1X�� 7��� 6���� 1��1�1�► 1�MZ�����f �� �f����f prescribed by the Texas Commission on Law � Enforcement Officer Standards and Education; (¢c) the appointments of $���X�X ��1X���$ Peace Officers by the Executive �� Director shall be made in conformance with all a licable laws or in PP , d ances and �.�,,. Administrative Rules relative thereto; (fd) the appointments of $���X�X ���X��t�� Peace Officers shall be revokable � by the Executive Director upon the recommendation of the ¢�i��� Director of the Department of Public Safety, or such other lesser disciplinary action may be taken as the -� Executive Director shall deem necessary. � SECTION 3. PROCEDURE FOR ADOPTION OF AIRPORT RULES AND REGULATIONS � The Dallas-Fort Worth International Airport Board may from time to time adopt certain additional resolutions, rules, regulatians and orders which it deems to be � j -181- J .� �� ..�.—� , i � ' 4 ; / � . , necessary to the maintenance and promotion of the peace, good government and welfare _, .,: � of the Dallas-Fort Worth International Airport, for �the performance of the functions thereof, for the order and security of its inhabitants, users and visitors, and to protect . � ' the peace, lives, health and property of such inhabitants, users and visitors, and , prescribed suitable penalties for the violation thereof, all in the manner prescribed by � , �� , Articles 46d-7 and 46d-14, Revised Civil Statutes of Texas, and such rules, regulations � �', and orders shall not be construed as an attempt•to waive or set aside any provisions i � � i contained in the existing ordinances of any city or in any law of the State of Texas. To � the extent of any conflict between the existing or future general ordinances of any city, such rules, regulations and orders of the Dallas-F'ort Worth International Airport Board � i shall prevail and be effective within the boundaries of the Dallas-Fort Worth ' International Airport but not otherwise. 1 I ' SECTION 4. ADOPTION PROCEDURES FOR RULES, REGULATIONS AND ORDERS � ' WITH PENAL PROVISIONS � ' Duly certified copies of all rules, regulations and orders of the Dallas-Fort Worth 1 International Airport Board pertaining to the subjects mentioned in Section 3, and prescribing penalties for violations, shall be forwarded by the Executive Director to the �,,�,, � l I chief administrative officer of each city adopting this Code, and if the City Council of � .�� ' such City shall elect to enact such rules, regulations and orders in the manner and form � , prescribed for other penal ordinances of such City, the municipal court or courts of such ' City shall each have concurrent jurisdiction with any other proper forum over offenses � , arising thereunder and within the corporate limits of such City; and the duly authorized � and commissioned ����i¢X�� eace officers or other enforcement officers of the Dallas- � , Fort Worth International Airport shall thereafter be authorized to file cases arising � thereunder in such municipal courts, in addition to any other convenient and proper I forum. . . J , � , -182- �� �,.::.,.. i i i � � 1 —� ����z��a b� �a���z�� a��� x�a���za �txa�xz��v�t �wMM��� TV►� ��6����X��� �d►� ���►�X��X�d��� ����tX�� �i�l��f� �� i�� ��Xl��f���t W�f�� � 1d►��t��iX���.X �Xt��ft ����� ����X X��►b� ��►� ��� ���.t�X� �l���X��►� ��� ��bfifi�d�� �i t�� t��� �;� d��t� �6��� �� i�►� ?���� b�X��►v��� ����'�X v�X�d► �td��► ���d�$�� �� �►'� �►�����Xt�i�� i� �����t � ���►� ���XX��.�X� �� t�►� tD�XX��f�'��t V��tt�► X�t���►�iX���.l �Z���f�l � � � 1 � � I 1 .�; ;. � � 1 � � � . � � -183- _� , �-_J i � � � � � � �� CHAPTER ELEVEN � �,� SAVIIVG, SEVERABILITY AIVD PENALTIES � � � � � �sa� � w„�+ � � � I -184- � ' �� �—. _, ,..r I . / � . . , � � CHAPTER ELEVEN � SAVING, SEVERABILITY AND PENALTIES d� PAGE Sec. 1 Catchlines of Sections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .186 -�w� Sec. 2 Severability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .186 � Sec. 3 Penalty, Continuing Violations . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .186 � 1 � � � � i .��. �� � � � J � . . � -185- �� �� �__J i � / � r . CHAPTER ELEVE`h� � SAVING, SEVERABILITY AND PENALTIES � SECTION 1. CATCHLINES OF SECTIONS � � Catchlines of Sections of the Sections of this Code are intended as mere � catchwords to indicate the general contents of �he section, and for index or search �;� convenience, and shall not be taken or deemed to be Titles, nor shall same be construed � as a substantive part of any Section. � SECTION 2. SEVERABILITY, � The sections, paragraphs, sentences, clauses and phases of this Code are severable, and if any phrase, clause, sentence, paragraph or section of this Code shall be declared � unconstitutional by the valid judgement or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phases, clauses, sentences, , paragraphs and sections of this Code, since the same would have been enacted without � the incorporation in this Code of any such unconstitutional phase, clause, sentence, paragraph or section. „� � �� SECTION 3. PENALTY, CONTINUING VIOLATIONS , The violation of any provisions of this Code where an act or a failure to act is made � unlawful or is otherwise prohibited, shall be punishable by a fine not to e�ceed T��•o Hundred Dollars ($2G0.00), and each day a violation shali continue shall constitute a � , separate offense; provided, however, where the offense is one for �vhich a penalty� is ', fixed by state law, the latter penalty shall govern. � � . . i _i86_ J ,�. .. :.� �� i ( APPE[VDIX 1 � � STREET DIRECTION HUIVDRED BLOCK SPEED LIMIT (MPH) �� � 1—W EMPLOYEE LOOP RD. IV & S 1600 — 1800 S 30 j"�"' 1—W PUBLIC LOOP RD. 1V & S 1700 S 30 � 2—E PUBLIC LOOP RD. N & S 2000 — 2100 S 30 � 2—W PUBLIC LOOP RD. N & S 2000 — 2100 S 30 3—E PUBLIC LOOP RD. � N & S 2300 — 2400 S 30 � 4—E PUBLIC LOOP RD. N bc S 2600 S 30 l 4—W PUBLIC LOOP RD. N & S 2600 S 30 � S—E EMPLOYEE LOOP RD. N & S 2900 — 3100 S 30 � EAST AIRFIELD DR. N & S 2800 — 3400 S 45 SOUTH AIRFIELD DR. E & W 1800 — 2900 E 45 , WEST AIRFIELD DR. N & S 1600 — 3400 E 45 , NORTH AIRFIELD DR. E & W 1500 — 3000 E 45 �� NORTH SERVICE RD. N 1300 — 1900 S 45 � NORTH SERVICE RD. N 1900 — 2700 S 35 NORTH SERVICE RD. N 2700 — 3900 S 45 � SOUTH SERVICE RD. 5 1300 — 1900 S 45 SOUTH SERVICE RD. S 1900 — 3300 S 35 1 SOUTH SERVICE RD. S 3400 - 3900 S 45 � NORTH INTERNATIONAL PKWY. N 300 - 1300 S 55 SOUTH INTERNATIOIVAL PKWY. S 300 - 1300 S 55 � NORTH INTERNATIONAL PKWY. N 1300 - 1500 S 30 SOUTH INTERNATIONAL PKWY. S < 1300 - 1500 S ; 30 J � Page -1- _A ' �;�wAY ��� i � NORTH Ih'TERIVATIONAL PKWY. IV 1500 - 3400 S 50 � SOUTH INTERNATIONAL PKWY. S 1500 - 3400 S 50 NORTH INTERNATIONAL PKWY. N 3400 - 3600 S 30 � SOUTH INTERNATIOIVAL PKWY. S 3400 - 3600 S 30 NORTH INTERIVATIONAL PKWY. N 3700 - 4300 S 55 � �"� SOUTH INTERIVATIONAL PKWY. S 3700 - 4300 S 55 � EAST 9TH ST. E & W 2700 - 2800 E 35 ��� EAST 11TH ST. E & W 2700 - 2800 E 30 � EAST 12TH ST. E & W 2700 - 2800 E 30 EAST 28TH ST. E bc W 2900 - 3000 E 35 � EAST 30TH ST.(CARBON RD.) E ac W ' 2400 - 3300 E 45 � EAST 34TH ST. N & S 3400 - 3500 S 35 NORTH 11TH AV. N & S 1600 - 1700 S 45 1 NORTH 27TH AVE. N & S 900 - 1400 S 35 SOUTH 2OTH AVE E & W 3700 - 4100 S 30 � SOUTH 22ND AVE. E & W 3200 - 3300 5 30 � WEST 17TH ST. E & W 1100 - 1400 E 45 WEST 18TH ST.(CARGO RD.) E & W 1500 - 2100 E 35 ���, � WEST 20TH ST. E & W 1500 - 1700 E 30 �� WEST 29TH ST.(GLADE RD.) E & W 1300 - 1600 E 35 � WEST 32ND ST. E & W 2100 - 2200 E 30 � WEST 33RD ST. E & W 2100 - 2200 E 30 FREEPORT PKWY 1V & S 1400 - 1500 S 35 � MID-CITIES BLVD. E & W 1500 - 1700 E 35 ROYAL LN. N & S 700 - 1400 S 35 � SPUR 382 N & S 1400 - 1500 S 45 J � � � � Page -2- �+.� -••—_,.�