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HomeMy WebLinkAboutORD 2007-015 ORDINANCE NO. 2007-15 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE CODE OF ORDINANCES BY AMENDING CHAPTER 3 AIRPORTS AND AIRCRAFT, SECTION 3-40 RELATIVE TO DFW AIRPORT; REPEALING CONFLICTING ORDINANCES; PROVIDING A PENALTY OF FINE NOT TO EXCEED STATE LAW LIMITS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, a portion of the Dallas/Fort Worth International Airport ("DFW Airport") lies within the jurisdiction of the City of Grapevine; and WHERESAS, the City of Grapevine has previously adopted the DFW Airport regulations to provide consistent enforcement of offenses within the jurisdiction of the Grapevine Municipal Court; and WHEREAS, the DFW Airport has recently amended its regulations and filed a true and correct copy of the amended regulations with the City Secretary; and WHEREAS, the City Council of the City of Grapevine deems the passage of this ordinance as necessary to protect the public, health, safety, and welfare; and WHEREAS, the City Council of the City of Grapevine has complied with all necessary legislative prerequisites to the passage of this ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That Chapter 3, Section 3-40 of the Grapevine Code of Ordinances is hereby amended by replacing the existing language with the following: "(a) The Revised Code of Rules and Regulations of the Dallas-Fort Worth International Airport, a copy of which is attached hereto and incorporated herein for all purposes, is hereby adopted by the City of Grapevine. (b) Any person violating any of the provisions of the Revised Code of Rules and Regulations of the Dallas-Fort Worth International Airport shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by penalty of fine not to exceed the legal limit as fixed by state law. (c) The Revised Code of Rules and Regulations of the Dallas-Fort Worth International Airport reads as follows in the attached Exhibit "A"." Section 3. That all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Grapevine, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding not guilty or nolo contendere, or dismissal. Section 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed the limit fixed by state law and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this 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 6. 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 public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of April, 2007. APPROVED: r4-) William D. Tate Mayor ORD. NO. 2007-15 2 ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: -17 74 -0.1 - John F. Boyle, Jr. City Attorney ORD. NO. 2007-15 3 EXHIBIT"A"TO ORD. NO. 2007-15 Page 1 of 118 Table of Contents Chapter 1 General Provisions 1. Title 1-1 2. Intent 1-1 3. Scope 1-1 4. Definitions 1-1 5. Laws of the State of Texas 1-2 2 Traffic Regulation 1. General Law Governing 2-1 2. Traffic Control Installations 2-1 3. Parking 2-2 4. Employee Parking Areas 2-2 5. Restricted Areas 2-2 6. Air Operations Areas 2-3 7. Passenger Loading Zones 2-3 8. Loading Zones 2-4 9. Impeding Flow of Traffic 2-4 10. Solicitation of Ground Transportation 2-4 11. Inoperable Vehicles 2-4 12. Administrative Adjudication of Parking Violations 2-4 3 Personal Conduct 1. General State Law 3-1 2. Restricted Areas 3-1 3. Animals 3-1 4. Standards for Fund Solicitation, Conduct of Surveys, Distribution of Literature, and Picketing 3-1 5. Litter 3-4 6. Prohibiting the Posting of Notices and Signs on Poles, Trees, and 3-4 Structures; Presumptions 7. Obstruction to Aviation 3-5 8. Organizations 3-5 9. Camping, Swimming, Picnicking 3-5 10. Noise 3-5 11. Tables and Chairs 3-6 12. Food, Etc 3-6 13. Pins, Etc 3-6 14. Obstruction of Passage 3-6 15. Fraudulent Misrepresentation 3-6 16. Unauthorized Transfer of Authorization 3-6 17. Unauthorized Use of Authorization 3-6 18. Temporary or Permanent Residence 3-6 19. Smoking 3-6 20. Badge Sponsor/Badge Holder Responsibilities 3-7 i EXHIBIT"A" TO ORD. NO. 2007-15 Page 2 of 118 Chapter 4 Ground Transportation Rules and Regulations , 1. General Provisions 1-1. Statement of Policy 4-1 1-2. General Authority for Enforcement 4-1 1-3. Exemptions 4-1 1-4. Definitions 4-2 1-5. Establishment of Rules and Regulations 4-5 1-6. Establishment of Procedures 4-5 2. Operating Authority 2-1. Operating Authority Required 4-6 2-2. Insurance 4-6 2-3. Application for Issuance, Renewal, Amendment or Temporary Amendment of Operating Authority 4-8 2-4. Suspension and Revocation of Operating Authority 4-9 2-5. Appeal of Denial, Suspension or Revocation 4-10 2-6. Fees 4-10 2-7. Advertisement of Regulated Service 4-10 2-8. Holder's Records and Reports 4-10 3. Driver Permit 3-1. Driver Permit Required 4-11 WPM 3-2. Qualifications for Driver Permit 4-11 3-3. Investigation of Applicant 4-15 3-4. Expiration/Voidance of Driver Permit 4-15 NOON 3-5. Provisional Permit 4-15 3-6. Duplicate Driver Permit 4-15 3-7. Display of Permit 4-15 3-8. Surrender of Permit 4-16 3-9. Suspension by a Designated Representative 4-16 3-10. Suspension of a Driver Permit by the Administrator 4-16 3-11. Revocation of a Driver Permit 4-17 3-12. Operation of Regulated Vehicle after Suspension or Revocation 4-17 3-13. Current Mailing Address 4-17 4. Miscellaneous Holder and Driver Regulations 4-1. Holder's and Driver's Duty to Comply 4-18 4-2. Holder's Duty to Enforce Compliance by Drivers 4-18 4-3. Driver as an Employee or Independent Contractor 4-19 4-4. Holder's Service Responsibilities 4-19 4-5. Information to be Supplied Upon Request of the Administrator 4-20 4-6. Falsification and Nontransferability of Authorization 4-20 ime ii EXHIBIT"A"TO ORD. NO. 2007-15 Page 3 of 118 Chapter 4 Ground Transportation Rules and Regulations (Con't.) 5. General Service Rules and Regulations 5-1. Regulations for Use of Holding Stands 4-21 5-2. Loading and Discharging of Passengers 4-21 5-3. Pre-arranged Trip Information 4-21 5-4. Cruising 4-22 5-5. Solicitation of Passengers 4-22 5-6. Conduct of Driver 4-22 5-7. Return of Passenger's Property 4-23 5-8. Not-for-Hire Status of Vehicles 4-23 5-9. Taxicab Service 4-23 5-10. Limousine Service 4-24 6. Fares 6-1. Fares 4-25 7. Regulated Vehicle Standards and Inspection 7-1. Standards 4-27 7-2. Inspection 4-27 7-3. False Representation 4-28 7-4. Decals 4-28 7-5. Equipment 4-29 7-6. Taxicab Equipment 4-30 8. Enforcement 8-1. Authority to Inspect 4-32 8-2. Removal of Evidence of Authorization 4-32 8-3. Assistance by Department of Public Safety 4-32 8-4. Correction Order 4-32 8-5. Service of Notice 4-33 8-6. Appeals 4-33 8-7. Criminal Offenses 4-34 8-8. Administrative Fines 4-34 iii EXHIBIT"A"TO ORD. NO. 2007-15 Page 4 of 118 Chapter 5 Courtesy Vehicle Rules and Regulations ,"w,,, 1. General Provisions 1-1. Statement of Policy 5-1 1-2. General Authority for Enforcement 5-1 1-3. Exemptions 5-1 1-4. Definitions 5-2 1-5. Establishment of Rules and Regulations 5-3 1-6. Establishment of Procedures 5-4 2. Operating Authority 2-1. Operating Authority Required 5-5 2-2. Insurance 5-5 2-3. Application for Issuance, Renewal, or Amendment of Operating Authority 5-7 2-4. Suspension and Revocation of Operating Authority 5-7 2-5. Appeal of Denial, Suspension or Revocation 5-8 2-6. Fees 5-8 2-7. Advertisement of Courtesy Vehicle Service 5-8 2-8. Holder's Records and Reports 5-8 3. Section 3 (Reserved) 5-10 mom 4. Miscellaneous Holder and Driver Regulations 4-1. Holder's and Driver's Duty to Comply 5-11 4-2. Holder's Duty to Enforce Compliance by Drivers 5-11 4-3. Reserved 5-11 4-4. Holder's Service Responsibilities 5-11 4-5. Information to be Supplied Upon Request of the Administrator 5-12 4-6. Falsification and Nontransferability of Authorization 5-12 5. General Service Rules and Regulations 5-1. Regulations for Use of Holding Stands 5-13 5-2. Loading and Discharging of Passengers 5-13 5-3. Rental Car Companies 5-13 5-4. Cruising 5-14 5-5. Solicitation of Passengers 5-14 5-6. Conduct of Driver 5-14 5-7. Return of Passenger's Property 5-15 5-8. Not-in-Service Vehicles 5-15 6. Section 6 (Reserved) 5-16 iv EXHIBIT"A" TO ORD. NO. 2007-15 Page 5 of 118 Chapter 5 Courtesy Vehicle Rules and Regulations (Con't.) 7. Vehicle Standards and Inspection 7-1. Standards 5-17 7-2. Inspection 5-17 7-3. False Representation 5-18 7-4. Decals 5-18 7-5. Equipment 5-18 8. Enforcement 8-1. Authority to Inspect 5-20 8-2. Removal of Evidence of Authorization 5-20 8-3. Assistance by Department of Public Safety 5-20 8-4. Correction Order 5-20 8-5. Service of Notice 5-21 8-6. Appeals 5-21 8-7. Criminal Offenses 5-21 8-8. Administrative Fines 5-22 Chapter 6 Environmental Rules and Regulations 1. Control of Introduction of Pollutants into Sanitary Sewers 6-1 2. Penalties 6-3 Chapter 7 Contract Funding Rules and Regulations 1. Purpose 7-1 2. Effective Date and Duration 7-1 3. Scope 7-1 4. Administration of Rules and Regulations 7-1 5. Contracts Funded Entirely from Operating Revenues 7-1 6. Contracts Funded Entirely from the Proceeds of Joint Revenue Bonds 7-2 7. Contracts Funded Partly with Joint Revenue Bonds or Operating Funds and Partly with Funds of a Tenant 7-2 8. Board Contract Funded Entirely by Tenant 7-3 9. Tenant Contractors 7-3 V EXHIBIT"A" TO ORD. NO. 2007-15 Page 6 of 118 Chapter 8 Commercial Activities paw 1. Soliciting 8-1 2. Advertising 8-1 ` 3. Commercial Photography and Moving Picture Production 8-1 4. Newsracks 8-2 5. Food Protection and Sanitation 8-3 6. Designation of Health Authority 8-3 7. State Regulations Adopted 8-3 8. Definitions 8-3 9. Food Permits 8-3 10. Inspections 8-5 11. Food Manager Certification 8-5 12. Options 8-5 13. Reserved 8-5 14. Public Swimming Pool and Spa Permit Program Inspections Intent 8-6 15. Designation of Health Authority 8-6 16. State Regulations Adopted 8-6 17. Definitions 8-6 18. Public Swimming Pool and Spa Permits 8-6 19. Inspections 8-7 20. Public Pool/Spa Manager Certification 8-8 Chapter 9 Procedures pm. 1. Intent 9-1 2. Airport Security 9-1 3. Procedure for Adoption of Airport Rules and Regulations 9-1 4. Adoption Procedures for Rules, Regulations and Orders with Penal Provisions 9-2 Chapter 10 Saving, Severability and Penalties 1. Catchlines of Sections 10-1 2. Severability 10-1 3. Penalty, Continuing Violations 10-1 Appendix I Appendix II Appendix III Appendix IV wow vi EXHIBIT"A" TO ORD. NO. 2007-15 Page 7 of 118 Chapter 1 General Provisions Section 1. Title This Code shall be entitled "The 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 Dallas-Fort Worth International 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 effect only within the boundaries of the Dallas-Fort Worth International Airport, pursuant to Transportation Code, Section 22.082 and adopted in cooperation and concert with the Cities of Dallas and Fort Worth 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 Airport. This Code shall not be construed to waive or set aside any provisions contained in other Dallas-Fort Worth International Airport Board approved rules or regulations not expressly repealed hereby or other existing ordinances of the Cities of Dallas and Fort Worth applicable to the Dallas-Fort Worth International Airport or any law of the State of Texas applicable to the Dallas-Fort Worth International Airport. To the extent of any conflict between this Code and the existing or future general ordinances of any city other than the Cities of Dallas and Fort Worth, this Code shall prevail within the boundaries of the Dallas-Fort Worth International Airport. Section 4. Definitions I. Air Operations Area shall mean the area of the Dallas-Fort Worth International Airport bounded by a fence or to which access is otherwise restricted and which is primarily used or intended to be used for landing, takeoff, or surface maneuvering of aircraft, and related activities. II. Airport shall mean all of the land, improvement, facilities and developments within the boundaries of the Dallas-Fort Worth International Airport. III. Airport Board or Board shall mean the Dallas-Fort Worth International Airport Board. IV. Airport Roadway shall mean those portions of the Airport designed and made available temporarily or permanently by the Airport Board for vehicular traffic. V. Director shall mean the head of a Board department having the title Vice President. VI. Disabled Person shall mean a person who is permanently or temporarily disabled within the meaning of Transportation Code, Section 502.253, and who has applied for and received a registration insignia or identification card from the state. 1-1 Effective July 9,2001 EXHIBIT"A"TO ORD. NO. 2007-15 Page 8 of 118 VII. Executive Director shall mean the Chief Executive Officer of the Dallas-Fort Worth International Airport Board, or his designee. POMIN VIII. Ground Transportation Business shall mean the pursuance of the occupation of transporting passengers, material or baggage for hire, either within the Airport or from or WOW to the Airport and points outside thereof. IX. Identification Card shall mean the identification card issued by the state to a temporarily disabled person for purposes of Transportation Code, Section 502.253. X. Permit shall mean an official written instrument granting a special privilege and issued by the Airport Board. Xl. Person shall mean any individual, firm, partnership, corporation, sole proprietorship, government, association, company or an agency, trust, partnership of two or more persons having a joint or common economic interest. XII. Registration Insignia shall mean the specially designed symbol, tab, or other device to be attached to the license plate of a vehicle, issued by the state to a permanently disabled person for purposes of Transportation Code, Section 502.253. XIII. 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. XIV. 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. XV. Vehicular Parking Area shall mean those portions of the Airport designated and made `"ei available temporarily or permanently by the Airport Board for the parking of vehicles. Section 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. 1-2 EXHIBIT"A" TO ORD. NO. 2007-15 Page 9 of 118 Chapter 2 Traffic Regulation Section 1. General Law Governing All of the provisions of State Law governing the regulation of motor vehicles, including but not limited to Transportation Code Title 7 -"Vehicles and Traffic" Subtitle C -"Rules of the Road", Transportation Code Chapter 502 - "Registration of Vehicles", Transportation Code Chapter 501 - "Certificate of Title Act", Transportation Code Chapter 521 -"Driver's Licenses and Certificates",Transportation Code Chapter 601 - "Motor Vehicle Safety Responsibility Act", and Transportation Code Chapter 683 - "Abandoned Motor Vehicles", are hereby declared to be in effect on the Airport Roadways, as defined, except insofar as the provisions of the said Statutes are changed by this Code under the authority of State Law. Section 2. Traffic Control Installations It shall be unlawful to disobey any traffic control device, sign, signal, marking or insignia erected, installed or placed by authority of the Airport Board. This 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 Texas Transportation Commission, as set forth in Transportation Code, Section 544.001 and Transportation Code, Section 544.002. II. 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 Airport, are hereby adopted, affirmed and ratified. Hereafter, the Executive Director shall conduct studies and investigations relating to all such traffic control devices, signs, signals, markings and insignia, and in accordance with such studies and determinations shall make such changes as are deemed necessary in the interest of traffic safety. Such changes, when effected, shall be entered upon an official record to be maintained by the Executive Director. 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 the Cities by Legislative enactment. III. Based upon the authority vested in the Cities of Dallas and Fort Worth by Transportation Code, Section 545.356 and Transportation Code, Section 545.363, the speed limits upon the streets, ways, passages and vehicular routes within the boundaries and confines of the Airport are set, affirmed and ratified as described in Appendix I of this Code. Unless otherwise provided, the maximum speed limit on streets, ways, passages and vehicular routes within the boundaries and confines of the Airport shall be thirty (30) miles per hour. The streets, ways, passages and vehicular routes, and their corresponding block numbers within the boundaries and confines of the Airport, are set, affirmed, and ratified as described in Appendix I of this Code. In compliance with and in obedience to the above authority, the Airport Board directs the Executive Director to perform engineering and traffic investigations to insure that the prima facie maximum speed limits herein 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, taking into consideration the 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 daylight or darkness, or at such other times as may be determined. 2-1 Effective July 8,2005 EXHIBIT"A"TO ORD. NO. 2007-15 Page 10 of 118 Section 3. Parking A person commits an offense, if he stops, stands, or parks a vehicle within the boundaries of the Airport except at such places and for such periods of time, and upon payment of such parking fees 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. II. A person commits an offense if the person: A. is neither a disabled person nor transporting a disabled person and stops, stands, or parks a vehicle displaying a registration insignia or identification card in a parking space or area designated specifically for the disabled; B. stops, stands, or parks a vehicle displaying neither a registration insignia nor an identification card in a parking space or area designated specifically for the disabled; or C. stops, stands, or parks a vehicle in such a manner that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid the disabled. III. The method of disposition of abandoned or junked motor vehicles or other vehicles shall be as set forth in the Transportation Code Chapter 683, insofar as same may be applied .a• to the operation of the Airport. wow Section 4. Employee Parking Areas A person commits an offense if he operates, parks or stands a motor vehicle within a parking area designated for employee parking unless a permit, decal, or other authorization therefor is prominently displayed on the vehicle or he gains authorized access by means of a control mechanism. For the purposes of this section, prominent display of an authorized permit, decal or other authorization may be accomplished by clearly displaying said permit, decal or other authorization in plain view in the front windshield of the motor vehicle. Section 5. Restricted Areas The Air Operations Area is expressly declared a "Restricted Area." The Airport Board may designate additional Areas or Zones at the Airport as "Restricted Areas" by posting signs to that effect.A person commits an offense if the person: A. operates, parks, stops or stands any vehicle in a "Restricted Area" without: 1. displaying on the vehicle an approved valid decal issued by the Airport; 2. displaying on the vehicle an approved valid placard issued by the Airport; 3. the prior approval of the Executive Director; "'"'"" 4. a lawful escort; or VMS 2-2 EXHIBIT"A" TO ORD. NO. 2007-15 Page 11 of 118 5. complying with requirements established by the Airport Security Program. B. enters or remains on or in property designated a "Restricted Area" without: 1. displaying an appropriate Airport-issued identification badge; 2. the prior approval of the Executive Director; 3. a lawful escort; or 4. complying with requirements established by the Airport Security Program. II. The Department of Public Safety shall be authorized to immediately remove any vehicle parked in violation of this section or where such vehicle represents an operational hazard in or impedes the efficient operations of the Air Operations Area. Section 6. Air Operations Areas I. A person commits an offense if the person operates a vehicle on the Air Operations Area: A. in excess of 20 miles per hour, except on the ARFF service roads where the speed limit is 45 miles per hour; B. operates a vehicle in willful and wanton disregard of the safety of persons or property; C. without a valid driver's license; or D. refuses to present a driver's license upon demand by a Peace Officer. II. A person commits an offense if the person operates a vehicle on the Air Operations Area and fails to: A. yield the right of way to any aircraft immediately approaching or moving within the person's path of travel; B. present a driver's license upon demand of a Peace Officer; or C. stop and wait until the Air Operations Area gate is closed before driving away. III. A person commits an offense if the person is in possession of or consumes an alcoholic beverage within the confines of the Air Operations Area, except if the alcoholic beverage is being consumed by a ticketed passenger on an aircraft where alcoholic beverages are served to customers by airline personnel. Section 7. Passenger Loading 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 insignia, and a person commits an offense if the person parks, stops, or stands any vehicle in any such Passenger Loading Zone 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. 2-3 EXHIBIT"A"TO ORD. NO. 2007-15 Page 12 of 118 Section 8. Loading Zones The Airport Board may establish Loading Zones for the loading and unloading of material at the Airport. ..w Such zones shall be designated with appropriate control devices, signs, signals, markings or insignia, and a person commits an offense if the person stops, stands or 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 Director for such use. In no case shall the loading and unloading of materials exceed the time limit established by the Airport Board and posted in such Loading Zone. Section 9. Impeding Flow of Traffic No person shall park, stop or stand a vehicle in any Airport Roadway, Driveway, Air Operations Area, Taxiway, Parking Area, Passenger Loading Zone, Loading Zone or in front of or near any entrance or exit to any building at the Airport so as to block, obstruct or impede the free passage of any vehicles or pedestrians. Section 10. Solicitation of Ground Transportation A person commits an offense if the person solicits ground transportation business on the Airport, or picks up passengers or baggage for hire on the Airport without a ground transportation permit from the Airport 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 franchise from any city through which said business is conducted if lawfully regulated by the ordinances of any such city. Section 11. Inoperable Vehicles A person commits an offense if the person stores an inoperable vehicle on Airport premises. For purposes of this section, an inoperable vehicle includes, but is not limited to, any vehicle required by law to have a current registration or inspection sticker attached or displayed upon such vehicle and which does not wwr 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. Section 12. Administrative Adjudication of Parking Violations Parking Violations Made Civil Offenses Every violation of Sections 3, 4, 5, 6, 7, 8, 9, and 11 of this chapter governing the stopping, standing, or parking of a vehicle is a civil offense. II. General Authority and Duty of Director The Director of Operations of the Airport Board or his designated representative, shall implement and enforce this section and may by written order establish such rules or regulations, not inconsistent with this section, as the Director determines are necessary to discharge the Director's duty under, or to effect the policy of, this section. III. Hearing Officers; Powers, Duties, and Functions A. Hearing officers shall be appointed by the Director, or his designated representative, to administratively adjudicate all parking violations for which a parking citation has �w been issued under this chapter of this Code. wow 2-4 EXHIBIT"A"TO ORD. NO. 2007-15 Page 13 of 118 B. Hearing officers shall have the following powers, duties, and functions: 1. to administer oaths; 2. to accept admissions to, and to hear and determine contests of, parking violations under this section; 3. to issue orders compelling the attendance of witnesses and the production of documents, which orders may be enforced by a municipal court; 4. to assess civil fines, penalties, and other costs for a parking violation in accordance with subsection XI of this section; 5. to waive penalties assessed for a parking violation in accordance with subsection XI of this section; and 6. to preside over, hear evidence, and make findings at an immobilization or impoundment hearing in accordance with this section. IV. Parking Citations; Form A. A parking citation serves as the summons and complaint for purposes of this section. B. A parking citation must be on a form prescribed by the Director, or his designated representative, and must include the following information: 1. the nature, date, time, and location of the alleged parking violation; 2. the license plate number of the illegally parked vehicle, or if not visible or legible, the vehicle identification number or the inspection tag number; 3. the make of the illegally parked vehicle; 4. the date, time, and location of the administrative adjudication hearing, to be set not later than 15 calendar days after the date of issuance of the parking citation; 5. a notification that the person charged with the parking violation has the right to an instanter hearing any business day before the scheduled administrative adjudication hearing; and 6. a notification that failure to timely appear at either an instanter hearing or a scheduled administrative adjudication hearing is considered an admission of liability for the parking violation charge and will result in the assessment of appropriate civil fines, penalties, and costs and may result in the immobilization, towing, and impoundment of the vehicle for which the citation was issued. C. The original or any copy of a parking citation is a record kept in the ordinary course of Airport Board business and is prima facie evidence of the facts contained in the parking citation. V. Service of a Parking Citation; Presumption of Service 2-5 EXHIBIT"A" TO ORD. NO. 2007-15 Page 14 of 118 A. A parking citation must be served personally upon the operator of a vehicle who is present at the time of service. If the operator is not present, or cannot otherwise be personally served, the parking citation must be served upon the registered owner of ,mow the vehicle by affixing the parking citation to the vehicle in a conspicuous place. B. An operator of a vehicle who is not the vehicle's owner, but who uses or operates the vehicle with the express or implied permission of the owner, shall be considered the owner's agent authorized to receive a parking citation required to be served upon the registered owner or operator of a vehicle in accordance with the provisions of this section. C. If the owner or operator of a vehicle drives the vehicle away from or in any manner leaves the site of the parking violation while the issuing officer is preparing the parking citation, or refuses service of the parking citation, this fact shall be noted on the original and all copies of the parking citation. D. The original parking citation must be signed by the issuing officer who shall affirm the truth of the facts set forth in the citation. E. The original and all copies of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with the provisions of this section. VI. Liability of the Vehicle Owner and Operator; Presumption of Liability A. Except as provided in subsection (B), the registered owner and the operator of a vehicle, when not the same, shall both be liable to the Airport Board for a parking violation charge, except that the operator of a vehicle shall be solely liable if the owner can prove that the vehicle was operated without the owner's express or implied consent. A vehicle owner who pays any civil fines, penalties, or costs pursuant to this section shall have the right to recovery from the vehicle operator. B. A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements shall not be liable for parking fines, penalties, and costs imposed by the Airport Board on a rented or leased vehicle if, within 30 days after receiving written notice of a parking violation, the vehicle owner provides in affidavit form the true name, address, driver's license number and state or country of issuance of the person in possession of the vehicle at the time the parking citation was issued, or a true copy of the lease or rental agreement in effect at the time the parking citation was issued. C. A lessor of a vehicle who fails to comply with subsection (B) shall be treated as any other vehicle owner and shall be liable with the vehicle operator for a parking violation charge. D. It is a defense to any charge of a parking violation that, at the time of the violation, the illegally parked vehicle was reported to a police department as having been stolen prior to the time of the violation and had not yet been recovered. E. In any hearing to administratively adjudicate a parking citation, it is presumed that the registered owner of the vehicle for which the citation was issued is the person who stopped, stood, or parked the vehicle at the time and place of the parking violation. m'"" Proof of ownership may be made by a computer-generated record of the registration of the vehicle showing the name of the person to whom the license plate was issued. 2-6 EXHIBIT"A"TO ORD. NO. 2007-15 Page 15 of 118 This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued. VII. Answering a Parking Citation A. A person who has been issued a parking citation shall answer to the charge of the parking violation by the date shown on the citation. An answer may be made in any of the following ways: 1. an admission of liability with payment of the applicable civil fine, and any additional penalties and costs; 2. a denial of liability made before a hearing officer at an administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date; 3. an admission of liability with an explanation made before a hearing officer at an administrative adjudication hearing on a date specified in the parking citation or at an instanter hearing before that date; 4. a request for permission from a hearing officer to adjudicate by mail; or 5. a request to reset a scheduled administrative adjudication hearing from the date shown on the parking citation. A scheduled hearing may not be reset more than once unless the person charged pays to the Director, or his designated representative, an amount equal to the applicable civil fine for the parking violation, with any additional penalties and costs.The Director, or his designated representative, shall issue a receipt for any amounts paid under this paragraph. After presentation of the receipt, all amounts paid will be refunded to the person charged if the hearing officer, or a municipal court on appeal, finds that the person is not liable for the parking violation. B. Payment of the civil fine and any additional penalties and costs may be made in person or by mailing to the Airport Board the parking citation accompanied by payment of the amount shown on the citation. Payment by mail may be made only by money order, check, or in a manner prescribed by the Director or his designated representative. Payment of the civil fine and all penalties and costs assessed pursuant to this section shall operate as a final disposition of the parking violation charge, except when payment is made to reset a scheduled hearing or to file an appeal. VIII. Adjudication by Mail A. If a person charged with a parking violation shows good cause for not attending a hearing, either personally or through a representative, the hearing officer may permit the matter to be adjudicated by mail, which adjudication must be completed within 90 calendar days of the date of the citation. B. Letters, memoranda, affidavits, photographs, and other documentary materials shall be admissible as evidence for the purposes of adjudication by mail. The hearing officer may exclude from consideration any material that is not relevant to the adjudication of the alleged violation. 2-7 EXHIBIT"A"TO ORD. NO. 2007-15 Page 16 of 118 C. Failure of the person charged to proceed with an adjudication by mail after requesting and receiving permission to adjudicate by mail is an admission by the person charged of liability for the parking violation and shall subject the person who requested the mos adjudication by mail to the appropriate civil fines, penalties, and costs assessed by the hearing officer. D. If a hearing officer determines that an adjudication cannot proceed by mail the hearing officer shall advise the person charged by first class mail that the person must appear to answer the charge at a hearing. IX. Hearings for Disposition of a Parking Citation; Parking Citation as Prima Facie Evidence A. Every hearing for the adjudication of a parking violation charge under this section shall be held before a hearing officer. B. At a hearing, the parking citation is prima facie proof of its contents and the officer or other authorized person who issued the parking citation is not required to be present; except, that the issuing officer or other authorized person shall be present at a scheduled administrative adjudication hearing if requested by the person charged or by the hearing officer. C. At a hearing, the hearing officer shall hear and consider evidence presented by the Airport Board and by the person charged. The formal rules of evidence do not apply to a hearing under this section, and the hearing officer shall make a decision based upon a preponderance of the evidence presented at the hearing, after giving due weight to all presumptions and prima facie evidence established by this section or MID other applicable law. oraii D. At the conclusion of an instanter or a scheduled administrative adjudication hearing, the hearing officer shall immediately render an order or decision, either by: 1. finding the person charged liable for the parking violation, assessing the applicable civil fine and any penalties and other costs in accordance with this section, and notifying the person of the right to appeal to municipal court; or 2. finding the person charged not liable for the parking violation. E. An order of a hearing officer may be filed with the Director or his designated representative. The order may be recorded using computer printouts, microfilm, microfiche, or similar data processing techniques. X. Failure to Answer a Parking Citation or Appear at a Hearing A. The failure of any person charged with a parking violation to answer to the charge within 15 calendar days after the date of issuance of the parking citation or to appear at any hearing, including a hearing on appeal, when required to appear is an admission of liability for the parking violation, and the hearing officer, or the municipal court in the case of an appeal, shall issue an order of liability and assess against the person charged with the violation the appropriate civil fines, penalties, and other costs. amp + r 2-8 EXHIBIT"A"TO ORD. NO. 2007-15 Page 17 of 118 B. Within 7 calendar days after filing an order of liability issued under this section, a hearing officer shall notify the registered owner or operator of the vehicle in writing of the order. The notice must be sent by first class mail to the last address of the registered owner on record with the Texas Department of Transportation, or to the address of the registered owner or operator last known to the hearing officer. The notice must include a statement: 1. of the amount of civil fines, penalties, and costs assessed; 2. of the right to appeal to municipal court; and 3. that failure to pay can result in immobilization and impoundment of the vehicle and the debt being placed on the debtor's credit report for seven years or until such time as the debt is paid. XI. Civil Fine Schedule A. The following is the schedule of civil fines for parking violations under this section of this Code that are made civil offenses under this section: Violation Civil Fine No Parking Zone $28.00 Unattended Vehicle Zone $28.00 Double Parking $28.00 Blocking Cross Walk $28.00 Blocking Roadway $28.00 Limited Parking $28.00 Unauthorized Zone $28.00 Failed to Park in Marked Space $28.00 Boot Fee $25.00 Fire Lane $38.00 Handicap Space $63.00 Other $28.00 B. If a civil fine is assessed, it must be in accordance with this section. A civil fine may not be waived or modified by a hearing officer, or by a municipal court on appeal, except that additional penalties and other costs may be added in accordance with this section. C. An additional penalty in an amount equal to the original civil fine will be assessed if a vehicle owner or operator or the agent of the owner or operator fails to: 1. answer to a parking violation charge within 15 calendar days after the date of issuance of the parking citation or fails to appear at any hearing scheduled after 15 calendar days from the date of the parking citation; or 2. after being found liable, pay all civil fines, fees, and costs assessed for a parking violation within the time designated by the hearing officer. D. A penalty assessed under subsection (C) of this section may be waived by a hearing officer, or by a municipal court on appeal, if the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: 2-9 EXHIBIT"A"TO ORD. NO. 2007-15 Page 18 of 118 1. through no fault of the vehicle owner or operator, or agent of the vehicle owner or operator: a) no notice of the parking violation was received as required by this section; b) no notice of the hearing officer's order was received as required by this soot section; or c) payment of the civil fine assessed for the parking violation was not posted in a timely manner; 2. the penalty was assessed in error; or 3. the vehicle was at the time of the violation stopped, standing, or parked in response to a medical emergency. XII. Enforcement of Order A. A hearing officer's order may be enforced by: 1. impounding the vehicle that is the subject of the order when it is found within the boundaries of the Airport, if the person charged has committed three or more parking violations in any calendar year that have not been resolved either by a finding of no liability or by payment of all civil fines, penalties, and costs assessed by the hearing officer; 2. placing a boot on the vehicle that is the subject of the order when it is found within the boundaries of the Airport, if the person charged has committed three or more parking violations in any calendar year that have not been resolved .•w either by a finding of no liability or by payment of all civil fines, penalties, and costs assessed by the hearing officer; pow 3. imposing an additional penalty to a civil fine not paid within the designated period; 4. canceling or denying any permit to park or operate a transportation service at the Airport; or 5. reporting the debt to a credit reporting bureau to remain on the debtor's credit report for seven years or until such time as the debt is paid. XIII. Removal of Immobilization Device A. The registered owner of an immobilized or impounded vehicle, or other authorized person, may secure the release of the vehicle upon: 1. payment of the amount of the civil fine and late fees, if any, for each delinquent parking citation plus the applicable boot fees and/or towing and storage fees; or 2. the posting of a cash bond in the amount of such civil fines, late fees, boot fees and/or towing and storage fees to ensure appearance at the immobilization/impoundment hearing. B. Payment of the civil fines, late fees, boot fees, and any towing and storage fees shall constitute a waiver of the right to contest such civil fines and fees. + + 2-10 EXHIBIT"A"TO ORD. NO. 2007-15 Page 19 of 118 C. It shall be unlawful for any person, other than an officer or employee of the Airport Board acting in the course and scope of his duties under this section, to remove or attempt to remove or to tamper in any manner with an immobilization device (boot) installed on any vehicle pursuant to this section. D. It shall be unlawful for any person, except under the direction of a peace officer, or an employee of the Airport Board to tow, move, or to cause to be towed or moved any vehicle on which a boot is then installed pursuant to this section from the place where it was booted. E. It shall be unlawful for any person, other than a peace officer or employee of the Airport Board acting in the course and scope of his duties, to remove or relocate any notice placed upon a booted vehicle under this section. F. An offense under this section shall be a criminal offense punishable upon conviction by a criminal fine not to exceed Five Hundred Dollars ($500). To the extent that any conduct declared to be unlawful under this section also constitutes a violation of an applicable state law, then it shall be punishable as provided by state law. XIV. Immobilization/Impoundment Hearing A. The registered owner of a vehicle that is immobilized or impounded for the purpose of enforcing a hearing officer's order shall have the right to a prompt immobilization/impoundment hearing before a hearing officer. B. The request for an immobilization/impoundment hearing must be made in writing to the Director, or his designated representative, on a form provided for that purpose, within 3 calendar days from the date the vehicle was immobilized or impounded, whichever occurred first. C. An immobilization/impoundment hearing must be held within 48 hours after the Director, or his designated representative, receives the request for a hearing, excluding Saturdays, Sundays, and Airport Board holidays, at the parking adjudication office or at such other convenient and reasonable place as the hearing officer may designate. D. The issue to be determined at the immobilization/impoundment hearing is whether the immobilization or impoundment of the vehicle was authorized by this section. E. The immobilization or impoundment of a vehicle is valid if it complies with the requirements of this section, unless the vehicle owner or operator, or agent of the vehicle owner or operator, can establish that: 1. the vehicle was registered to or operated by another person at the time the unresolved parking violations occurred; 2. the vehicle was being operated without the owner's express or implied consent at the time the unresolved parking violations occurred; 3. through no fault of the owner, notice of the unresolved parking violations was never received as required by this section; 2-11 EXHIBIT"A"TO ORD. NO. 2007-15 Page 20 of 118 4. one or more citations for the unresolved parking violations are defective and, if dismissed, would leave no more than two unresolved parking violations within the calendar year; or owe 5. at the time of immobilization or impoundment of the vehicle, the registered owner had no more than two unresolved parking violations within the calendar year. F. The determination of the hearing officer at the immobilization/impoundment hearing is final and is not subject to appeal. G. If the hearing officer determines that immobilization or impoundment of a vehicle was not valid, all fees paid for immobilization, towage, storage, and impoundment of the vehicle and any other amount paid to redeem the vehicle shall be refunded, includ- ing any civil fines, penalties, and costs for any parking violation that the hearing offi- cer determines should not have been considered in counting parking violations for the purposes of immobilizing or impounding the vehicle. Any civil fines, penalties, and costs paid for a parking violation for which the registered owner was liable will not be refunded. XV. Appeal From Hearing A. A person determined by a hearing officer, at either an instanter or scheduled admin- istrative adjudication hearing or by failure to answer a parking citation or appear at a hearing in the time required,to be liable for a parking violation may appeal this deter- mination to the municipal court by filing a petition, along with a filing fee, with the municipal court clerk or a deputy clerk within 30 calendar days after the hearing offi- cer's order is filed with the Director or his designated representative. If the hearing officer's order is reversed, the filing fee shall be returned by the city to the appellant. r B. Upon receipt of an appeal petition, the municipal court clerk or deputy clerk shall schedule an appeal hearing and notify all parties of the date, time, and location of the hearing. The officer or other authorized person who issued the parking citation is not required to be present at the appeal hearing unless requested by the person charged or by the municipal court. C. The appeal hearing must be a trial de novo in municipal court and is a civil proceeding for the purpose of affirming or reversing the hearing officer's order. The person filing the appeal may request that the hearing be held before a jury. The decision from the municipal court is final. D. Service of notice of appeal under this section does not stay the enforcement and collection of any order of a hearing officer, unless the person filing the appeal pays to the Director, or his designated representative, an amount equal to all civil fines, penalties, and costs assessed against the person charged. The Director, or his designated representative, shall issue a receipt for any amounts paid under this • subsection. After presentation of the receipt, all amounts paid will be refunded if the hearing officer's order is overturned on appeal. XVI. Disposition of Civil Fines, Penalties, and Costs All civil fines, penalties, and costs assessed under this section shall be paid into the Airport Board's general fund for the use and benefit of the Airport Board. woo 2-12 EXHIBIT"A"TO ORD. NO. 2007-15 Page 21 of 118 Chapter 3 Personal Conduct Section 1. General State Law The provisions of this Chapter shall not be construed as limitations upon the civil or 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 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." II. 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 authorization from the Executive Director or pursuant to a lawful escort. A person authorized to enter a "Restricted Area" commits an offense if he enters or exits at any location which is not designated for entrance to or exit from such "Restricted Area." III. A person commits an offense if he is found within any "Restricted Area" of the Airport and fails or refuses to produce proper identification upon the request of an Airport Board Public Safety Officer, or any other authorized representative of the Airport Board. Section 3. Animals A person commits an offense if he 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 an "assistance animal" accompanying a person with a disability, or to animals properly confined for shipment or to animals used for law enforcement purposes. Section 4. Standards for Fund Solicitation, Conduct of Surveys, Distribution of Literature, and Picketing Definitions: A. Solicitation and Receipt of Funds means a face to face request for an immediate physical, in-person donation of money or anything of value. B. Literature is defined as books, pamphlets, handbills, tracts, cards, circulars, pictures, films, magazines, or any other items. C. Survey is defined as the act of repeated in-person polling or questioning of persons for the purpose of obtaining information related to, and/or securing opinions or viewpoints on, issues, candidacies, products or services. D. Picketing is defined as the stationing, parading, patrolling and/or assembling of a person or persons outside a business or place of employment, or inside an Airport terminal building, to express grievance against or to protest the practices of a tenant, subtenant, or other occupant, or to discourage entry thereto by non-striking workers or by customers. 3-1 Effective July 9,2001 EXHIBIT"A"TO ORD. NO. 2007-15 Page 22 of 118 II. Solicitation No person may engage in the solicitation and receipt of funds within a passenger terminal �w at the Airport. III. Surveys No person may engage in the conduct of a survey within a passenger terminal at the Airport. Nothing herein shall be construed to prohibit the conduct of a survey by or on behalf of an Airport tenant in that part of an Airport passenger terminal exclusively leased to that tenant. Further, nothing herein shall be construed to prohibit the conduct of a survey by or on behalf of the Airport Board on Airport property. IV. Distribution of Literature A. No more than 4 persons authorized by permit to distribute literature shall be author- ized to do so in the secure area of a terminal section at the same time. Each person wishing to distribute literature must: 1. obtain in advance one of four dated tags for the terminal section in which he desires to distribute literature. Such tags shall be available from 7:00 a.m. to 5:00 p.m. on a first-come first-served basis at the Airport's Operations Department in the DFW Business Center office building (between North and South bound International Parkway in the middle of the terminal complex), on and for each day that the person desires to distribute literature. Only four 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; me 2. return the tag for one terminal section before obtaining a tag for another terminal 'N' section on the same day; and 3. display the dated tag on the outer clothing above the waist, clearly visible to the public, while engaged in the permitted activity in the terminal section and on the date to which the tag pertains. V. Picketing A. No person shall picket inside the Airport terminals. B. Pemittees may not carry pickets or other similar signs, or devices with a dimension that exceeds the Permittee's height or width. Any conflict 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. VI. Permits A. No person may solicit funds, conduct a survey, distribute literature, or picket without a permit issued by the Executive Director. An application shall be submitted to the Executive Director at least three (3) business days in advance of the first day sought for the activity, and shall include the following: min 1. the full name and street address of the applicant; wow 3-2 EXHIBIT"A" TO ORD. NO. 2007-15 Page 23 of 118 2. the full name and street address of the organization sponsoring, conducting, or promoting the distribution; 3. whether the sponsoring organization is a branch or division of a national organization and, if so, the name and street address thereof; 4. 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; and 5. the date or dates and hours of the activity. B. The Permit will be issued within three (3) business days of receipt of the application; however, the 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. C. Time, location and manner: When permits are granted, the following rules and standards will apply: 1. Location: Permittees, other than the Airport Board or a representative of the Airport Board, 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. Said Permittees may not conduct such activity within ten (10) feet of any ticket counter, departure lounge check-in counter, baggage check-in counter or security screening check point, nor may Permittees distribute literature to any person waiting in line at those areas or loading or unloading baggage from a public or private vehicle. 2. Permits will be issued for a period of not more than thirty (30) days. 3. Manner of operation: a) a person may not engage in any permitted activity unless he wears a badge, nameplate, card, or other personal 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 cause represented; and b) a person conducting any permitted activity shall, in that connection, obey the Code and all applicable state and federal laws. VII. Tables may not be utilized in the conduct of permitted activity; however, luggage carriers no larger than that used to hold a medium-sized suitcase may be utilized for transporting or temporary storage of materials in accordance with section 11 of this Chapter. Luggage carriers must be attended at all times. A luggage carrier shall be deemed unattended if it is outside the view of the permitted person or persons. 3-3 EXHIBIT"A" TO ORD. NO. 2007-15 Page 24 of 118 VIII. A permittee commits an offense if he stores any literature or any items used in connection with the permitted activity in any public use area of the Airport's terminals. All such literature and material shall be carried on the person of a permittee, or on a small luggage .,,N carrier as defined in Subsection VII above, while inside an Airport terminal building. This section shall not prohibit any person from storing literature or items in such public lockers as are provided in the Airport's passenger terminals. IX. Appeal of Permit Denial or Revocation: When an application for a permit hereunder is refused or revoked, the Executive Director will, within five (5) business days of the denial or revocation, furnish the Applicant a written explanation of the reason for the denial or revocation. Within five (5) business 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) business days following receipt of such request, the Board must apply to either the United States District Court for the Northern District of Texas or the appropriate Texas District Court for a judicial determination that the application was properly denied or revoked. The Board has the burden of showing that the Application was properly denied or that the Permit was properly revoked. X. Upon a judicial determination, an interim permit will be issued and continue in force pending an appeal. XI. 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) business 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 Application for the original Permit may be carried on as if the original Permit had been issued, subject to the same restrictions and obligations under this Code as other permitted activities. The interim permit shall be valid pending a decision in the district court, or any appeal thereof. air It shall be a defense to a charge of distributing literature without a permit that an appeal or judicial determination hereunder is pending. Section 5. Litter A person commits an offense if he places, discharges or deposits in any manner any litter, offal, garbage, trash, debris, junk or any refuse on the Airport, except at such places and under such conditions as the Airport Board may, from time to time, prescribe. Section 6. Prohibiting the Posting of Notices and Signs on Poles, Trees, and Structures; Presumptions A person commits an offense if he posts or affixes or causes to be posted or affixed any notice, poster, paper, sign, or device, which is calculated to attract the attention of the public, to any lamp-post, utility pole, telephone pole, cellular telephone pole, or tree that is located on Airport property or to any structure or building on Airport property. II. Whenever any notice, poster, paper, sign, or device is posted or affixed, or caused to be posted or affixed, in violation of subsection (I)of this section, it is presumed that the person whose address or telephone number is listed in the notice, poster, paper, sign, or device, or who is otherwise named, described or identified in the notice, poster, paper, sign, or device, is the person who committed the violation, either personally or through an agent or ,_ employee. ilgato 3-4 EXHIBIT"A" TO ORD. NO. 2007-15 Page 25 of 118 Section 7. Obstruction to Aviation A person commits an offense if he operates or releases any kite, balloon, model aircraft, model rocket or parachute, or other such contrivance upon or above the Airport without written permission from the Executive Director. Section 8. Organizations A person commits an offense if he conducts or participates in picketing, parades, marches, patrols, demonstrations, assemblies, or carries or displays signs, handbills or placards on the 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) business days in advance of the first day of the requested activity. 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 subject 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. II. The Executive Director shall grant a permit within three (3) business 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 application is found to be untrue. A person commits an offense if, while engaging in any activity described herein, he prevents or interferes with access or egress from any Airport facility or premises, and no person shall in any manner by words or physical force assail, coerce, threaten or disturb any person, nor shall any such activity prevent or interfere with, the conduct of business at the Airport. 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, baggage check-in counter or security screening check point, nor may permittees conduct such activities from or distribute literature to any person waiting in line at those areas or loading or unloading baggage from a public or private vehicle. Section 9. Camping, Swimming, Picnicking A person commits an offense if he uses Airport premises for the purpose of camping, athletic games or contests, fishing, swimming, hunting or picnicking unless a Permit therefor has been granted by the Executive Director. Section 10. Noise A person commits an offense if he knowingly makes unreasonably loud or raucous noises, considering the location, inside terminals or other Airport buildings. 3-5 EXHIBIT"A"TO ORD. NO. 2007-15 Page 26 of 118 Section 11. Tables and Chairs 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 a similar purpose on Airport premises unless such space has been leased from the Airport Board by that person or is authorized by another section of this Code. Section 12. Food, Etc. A person commits an offense if he distributes any food product at the Airport except from premises leased to that person by the Airport Board for that purpose, or pursuant to a permit issued by the Executive Director. Section 13. Pins, Etc. 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. Section 14. Obstruction of Passage A person commits an offense if he knowingly obstructs the free passage of other persons along Airport roadways, sidewalks or into, out of, or within Airport buildings. Section 15. Fraudulent Misrepresentation 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 16. Unauthorized Transfer of Authorization A person commits an offense if he sells, conveys, grants or transfers any decal, device or other authorization granted by the Executive Director to another person, without prior written consent of the err Executive Director. Section 17. Unauthorized Use of Authorization 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 previously been reported as lost or stolen. For the purposes of this section "decal," "authorization" or "device" shall include, but is not limited to, any ticket issued for parking control within the Airport premises. Section 18. 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 flights for which such patron holds validly issued tickets. Section 19. Smoking A person commits an offense if he smokes or possesses a burning tobacco product, weed or other plant product in a public area of an Airport passenger terminal or in a retail or service establishment located within an Airport passenger terminal. In this section: moo two 3-6 EXHIBIT"A" TO ORD. NO. 2007-15 Page 27 of 118 A. "Public area" means any interior area to which the general public routinely has access but does not include areas restricted by the Board or by an Airport tenant to employees and/or contractors. B. "Retail or service establishment" means any establishment which sells goods, food or services to the general public but excluding any private club operated by an Airport tenant within its leasehold and to which access is limited to a membership other than the general public. II. The person in control of a retail or service establishment that is located in an Airport passenger terminal shall post a conspicuous sign at the main entrance to the establishment. The sign shall contain the words "No Smoking, DFW Airport Regulations", and the universal symbol for no smoking. For enforcement purposes, "DFW Airport Regulations" refers to the Code. Section 20. Badge Sponsor/Badge Holder Responsibilities Definitions: A. Airport Identification/Access Badge (Airport ID/Access Badge) is a picture identification badge issued by the Airport operator granting unescorted access to specific areas of the Airport. B. Airport Security Coordinator (ASC) is the appointed person who acts as a liaison between the Airport and the Transportation Security Administration (TSA), and who also enforces and discharges his duties under the DFW Airport Security Plan and this section. C. Badge Holder is an employee who has been issued an Airport ID/Access Badge in accordance with the DFW Airport Security Plan and this section. D. Badge Sponsor is a person authorized to approve a badging application for a prospective employee who requires unescorted access into secure areas of DFW Airport. E. Badge Sponsorship is the written authorization granted by the Airport Operator through the Chief Executive Officer to: 1. Airport Board staff; 2. tenant air carriers; 3. Airport tenants who have a direct lease with the Board and who are responsible for one or more security access points leading into the SIDA; and 4. government agencies with direct responsibilities to DFW Airport. F. Security Identification Display Area (SIDA) includes all areas in the Air Operations Area (AOA) of DFW Airport, including those portions of the Central Terminal Area (CTA), freight handling operations areas, and aircraft maintenance facilities where domestic and foreign air carriers enplane and deplane passengers, conduct freight forwarding operations, and sort and load/unload baggage under the control of the automated access system. 3-7 EXHIBIT"A"TO ORD. NO. 2007-15 Page 28 of 118 G. Secure Area (non-SIDA) is that secure portion of the terminal beyond the security checkpoint, but not beyond an aircraft jetbridge boarding gate. s�au II. A badge holder or person commits an offense: A. if the Badge Holder enters the secure area or SIDA through an Automated Access Control System (AACS) portal without first presenting their personally issued Airport ID/access badge for authorized and recorded entry or allows another person entry behind them, also known as "piggybacking" or "tailgating", including the badge readers located at the entry point of each security checkpoint; B. if the Badge Holder does not possess, or fails to prominently display, an Airport ID/Access Badge while in the SIDA or secure area, in compliance with 49 CFR 1542.211; C. if the Badge Holder displays a defaced Airport ID/Access Badge or displays a badge on which information has been purposely covered; D. if the Badge Holder allows another person to use his/her Airport ID/Access Badge; E. if the person gains access to the SIDA or secure area by using another badge holder's Airport ID/Access Badge; F. if the Badge Holder fails to challenge unbadged individuals in the SIDA or secure area; G. if the SIDA/AOA Badge Holder fails to "properly escort" a person that was escorted into the secure area of SIDA. Proper escort means that once the escort is begun, the escorting person must maintain visual and audible contact with the person being w�rr escorted at all times. Only SIDA/AOA badge holders may provide escorts; H. if the Badge Holder carries/possesses firearms or escorts an unbadged individual carrying firearms into the SIDA/AOA without approval of the Airport Security Coordinator; I. if the Badge Holder uses his/her Airport ID/Access Badge to facilitate the commission of a federal or state criminal violation. III. Badge Sponsor's Responsibilities Sponsors shall be responsible for the individuals they grant SIDA/secure area access privileges to and shall deny SIDA/secure area access to their areas as they deem necessary. Sponsors shall be the primary points of contact with the Access Office of the Airport Board for notification of badging policy changes and security issues relevant to the conduct of persons who have been granted SIDA/secure area access. IV. Any and all security violations that are not covered by this section that create a security concern shall be treated as a security violation in accordance with this section. ORM woe 3-8 EXHIBIT"A" TO ORD. NO. 2007-15 Page 29 of 118 Chapter 4 Ground Transportation Rules and Regulations Section 1 General Provisions Section 1-1. Statement of Policy It is the policy of the Airport Board and the Cities of Dallas and Fort Worth to promote and provide adequate and efficient regulated services at the Airport. To this end, rules and regulations for regulated services at the Airport are developed to protect the public health and safety, to promote the public convenience and necessity, and to facilitate efficient utilization of the roadway system and terminal curbside space while respecting the concept of free enterprise. Section 1-2. General Authority for Enforcement The Administrator shall implement and enforce this chapter and may by written order establish procedures, not inconsistent with this chapter, determined as necessary to discharge the Administrator's duties under, or to effect the policy of, this chapter. Section 1-3. Exemptions Except when the vehicle has been issued a decal pursuant to this chapter,these Rules and Regulations do not apply to a vehicle or to a person operating a vehicle that is: A. owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensation is received from any other person for carrying the passengers; 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 work stations, with the employees reimbursing the employer or employee association in the amount calculated only to offset the reasonable expenses of operating the vehicle; C. entering the Airport for the sole purpose of terminating a trip that lawfully originated outside of the Airport; or D. originating a trip that has been pre-arranged by a passenger and authorized by the Administrator. I I. A person operating a vehicle under authority granted by the US-DOT to operate a regularly scheduled route is not required to obtain a driver permit, if the person is operating within the scope of the person's employment or a vehicle operated under authority granted by the US-DOT to operate a regularly scheduled route. III. It is not a defense to prosecution that the person was operating a vehicle granted a certificate issued by the TX-DOT. 4-1 Effective April 8,2005 EXHIBIT"A"TO ORD. NO. 2007-15 Page 30 of 118 IV. These Rules and Regulations, except for sections 5-1 through 5-6, do not apply to a vehicle or to a person operating a vehicle that is owned by the federal or state government or by a political subdivision of the state. .w V. A person or vehicle exempted under this subsection is subject to a fee, in an amount to be tow designated by the Airport Board Schedule of Charges, as amended, for operating at the Airport, using the holding stands, or obtaining an authorization decal. Section 1-4. Definitions The definition of a term in the Rules and Regulations applies to each grammatical variation of the term. Unless the context requires a different definition: Administrator means the Director of Operations of the Dallas/Fort Worth International Airport Board, and includes representatives, agents or Airport Board employees designated by the Administrator. II. Airport means all of the land, improvement, facilities, and developments within the boundaries of the Dallas/Fort Worth International Airport. III. Airport Board or Board means the Dallas/Fort Worth International Airport Board. IV. Central Queue means the location from which regulated vehicles are dispatched to specific locations on the Airport. V. Classic Vehicle means a limousine that is recognized by the Classic Car Club of America as a classic vehicle or that is approved by the Administrator for use as a classic vehicle. VI. Compliance Program means the program established by the Administrator to ensure compliance with Chapter 4 of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board. VII. 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. VIII. Cruising means driving a regulated vehicle within 1000 feet of a terminal, hotel, or terminal area on the Airport without a dispatch authorization or other form of permission from the Administrator. IX. Department of Public Safety means the Department of Public Safety of the Dallas/Fort Worth International Airport Board. X. Department of Operations means the Department of Operations of the Dallas/Fort Worth International Airport Board. XI. Destination means an exact and separate place, point, or address. XII. Driver means an individual granted permission by the Administrator to drive or operate a regulated vehicle. ww XIII. Driver Permit means a permit issued to an individual by the Administrator authorizing that individual to operate a regulated vehicle at the Airport. 4-2 EXHIBIT"A"TO ORD. NO. 2007-15 Page 31 of 118 XIV. Employee means any person, sole proprietorship, partnership, corporation, association, stockholder, joint venture, or independent contractor in the service of another, under any contract of hire whether express or implied, oral or written. XV. Executive Director means the Chief Executive Officer of the Dallas/Fort Worth International Airport Board, or his designee. XVI. Holder means an individual, sole proprietorship, partnership, corporation, joint venture or other legal entity granted operating authority to provide regulated service at the Airport, or the holder's designated agent. XVII. Holding Stand means all authorized queuing, loading, and holding areas as designated by the Administrator. XVIII. Independent Contractor means a taxicab driver who has contracted with a holder. XIX. Lawful Order means a verbal or written directive issued by the Administrator or the Administrator's duly authorized representative in the performance of the Administrator's duties in the enforcement of the Rules and Regulations authorized by this chapter. XX. Legal Resident means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws. XXI. Limousine means a luxury sedan or other vehicle owned or leased by the holder and approved by the Administrator that has a seating capacity of not more than fifteen passengers including the driver, that is five years old or less when initially authorized, and that is used for the transportation of persons on a pre-arranged basis. XXII. Limousine Service means a passenger transportation service operated for hire on a pre- arranged basis that uses a minimum of three limousines, or one limousine and one stretch limousine, in the operation of the service. XXIII. Luxury Sedan means a motor vehicle that is designated by the manufacturer as a full-size sedan that has at least four doors; a rated seating capacity of six passengers or less, including the driver; whose interior and exterior, including all parts, features, appointments, equipment and accessories, are in excellent condition both in operation and in appearance; that, when purchased new, has a minimum manufacturer's suggested retail price as established by the Administrator; and is approved by the Administrator for use as a Luxury Sedan. XXIV. On-Demand means a transportation service that has not been pre-arranged by Airport patrons traveling from the Airport to their destination. XXV. Operate means to drive or to be in control of a regulated vehicle. XXVI. Operating Authority means permission granted by the Administrator to operate a regulated service at the Airport. XXVII. Operator means the driver or owner of a regulated vehicle or the holder of an operating authority under which the vehicle is operated. XXVIII. Owner means the person to whom state license plates for a vehicle have been issued or the person who leased the vehicle. 4-3 EXHIBIT"A" TO ORD. NO. 2007-15 Page 32 of 118 XXIX. Person means an individual, firm, partnership, corporation, sole proprietorship, government, association, company, or an agency,trust, partnership of two or more persons having a joint or common economic interest. XXX. Pre-Arranged means an appointment made by a regulated service with a passenger to WOW provide service, that was initiated by a person contacting the regulated service by telephone, correspondence or other oral or written communication. XXXI. Regulated Service means a taxicab or limousine service and includes, but is not limited to, a facility from which the service is operated, regulated vehicles used in the operation of the service, a driver, and a person who owns, controls, or operates the service. XXXII. Regulated Vehicle means a taxicab or limousine. XXXIII. Rules and Regulations means the Ground Transportation rules and regulations established under Chapter 4, Ground Transportation Rules and Regulations, of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. XXXIV. Schedule of Charges means the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. XXXV. Seating Capacity means the number of passengers capable of being transported in a vehicle based upon the number of manufacturer installed seat belts, as required by law. XXXVI. Service Area means for limousine, the area made up of the counties of Dallas, Tarrant, Southeast Denton and Southwest Collin; for taxicab service, the area made up of the counties of Dallas, Tarrant, Rockwall, Kaufman, Ellis, Johnson, Parker, Wise, Denton, and Collin. wo XXXVII. Stretch Limousine means a luxury sedan with a wheelbase that has been extended not less than 12 inches from its original length and has a rated seating capacity of 15 passengers or less, including the driver, and is approved by the Administrator for use as a Stretch Limousine. XXXVIII. Taxicab means a vehicle as approved by the Administrator,with a minimum of three doors and a seating capacity of not less than five nor more than eight, including the driver, used to transport persons for hire that uses a taximeter to compute a fare, and typically operates on irregular routes, irregular schedules, and on an on-demand or pre-arranged basis. XXXIX. Taxicab Service means a passenger transportation service operated for hire on an on- demand or pre-arranged basis that uses taxicabs in the operation of the service that includes a twenty-four hour, seven day per week dispatching system. XL. Taximeter means a measuring device that mechanically or electronically computes a fare based upon the distance traveled, the time the vehicle is engaged, and any other basis for charges which are specified in the operating authority or rates authorized by the Administrator. XLI. Terminal Areas means the roadways, parking lots, holding stands, and sidewalks servicing the arrival and departure areas of all Airport terminals and the Airport hotels. "" 4-4 EXHIBIT"A" TO ORD. NO. 2007-15 Page 33 of 118 Section 1-5. Establishment of Rules and Regulations Before submitting a proposal to the Airport Board to adopt, amend or repeal a rule or regulation,the Administrator shall hold a public hearing on the proposal. The Administrator shall fix the time and place of the hearing and shall notify each holder and such other persons as the Administrator determines may be interested in the subject matter of the hearing. II. After the Airport Board acts upon the proposal, the Administrator shall notify the holders and such other interested persons of the action and shall post a notice in the Airport Board Ground Transportation Regulation Office, for a minimum of ten days. The action shall become effective immediately upon approval by the Airport Board. Section 1-6. Establishment of Procedures The Administrator may by written order establish procedures not inconsistent with the Rules and Regulations, which the Administrator determines are necessary to discharge the Administrator's duty to implement the Rules and Regulations. 4-5 EXHIBIT"A"TO ORD. NO. 2007-15 Page 34 of 118 Section 2 Operating Authority Section 2-1. Operating Authority Required A person or owner shall not operate a regulated service or represent to a passenger that a regulated vehicle is available for hire at the Airport without an approved operating authority issued by the Administrator. The Administrator may place conditions and/or limitations on the operating authority as determined necessary to effect the policy of this chapter. II. A person or owner shall not transport a passenger for hire or solicit the transport of a passenger for hire by a regulated service at the Airport unless the person driving the vehicle, or another who employs or contracts with the person driving the vehicle, holds an approved operating authority issued under this chapter or through another form of permission from the Administrator. III. A person shall not engage or hire a regulated service vehicle which the person knows does not have an operating authority or another form of permission from the Administrator. IV. A holder's operating authority is not transferable. V. An operating authority may be issued for a period not to exceed one year and shall expire annually on the date designated in the operating authority. Section 2-2. Insurance During the authorized period of operating authority, a holder shall procure and keep in full force automobile liability insurance that meets or exceeds the insurance requirements and standards established by this section and that does not violate the ownership/operational control prohibition described in this section. A. Insurance required under this section shall: 1. be carried with an insurance company licensed, approved, or authorized to do business in the State of Texas and which, if the holder is authorized by the City of Dallas, has a rating acceptable to the City of Dallas and which, if the holder is authorized by the City of Fort Worth, has a rating acceptable to the City of Fort Worth, or if the holder is authorized by a city other than Dallas or Fort Worth, which has a rating acceptable to the City of Dallas or the City of Fort Worth, whichever is less, and is acceptable to the Administrator; 2. include a cancellation rider under which the insurance company providing coverage is required to notify the Administrator in writing not fewer than thirty days before canceling, failing to renew or making a material change to the insurance policy; 3. include a provision to cover all vehicles, whether owned or not owned by the holder, operated under the holder's operating authority; 4. name as additional insured the Airport Board and the Cities of Dallas and Fort and their officers and employees; 4-6 EXHIBIT"A" TO ORD. NO. 2007-15 Page 35 of 118 5. provide combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence or the equivalent, for each motor vehicle used by the holder; 6. have a provision requiring the insurance company to pay every claim on a first- dollar basis; and 7. not contain bodily injury exclusions. B. Aggregate limits of liability are prohibited. C. Insurance required by this section shall not be obtained from an assigned risk pool. D. No person with any direct or indirect ownership interest in the holder's regulated service may have any operational control, direct or indirect, in any insurance company that provides insurance required by this section to the regulated service. For purposes of this subsection, "operational control" means holding any management position with the insurance company (including, but not limited to, the chief executive officer, the president, any vice-president, or any person in a decision- making position with respect to insurance claims) or having the right to control the actions or decisions of any person in such a management position in the insurance company. II. If a regulated vehicle is removed from service, the holder shall maintain the insurance coverage required by this section for the vehicle until the Administrator receives satisfactory proof that all evidence of operation as a regulated vehicle has been removed from the vehicle, and that the vehicle has in fact been removed from service. III. Operating authority shall not be granted or renewed unless the applicant or holder furnishes the Administrator with such proof of insurance as the Administrator considers necessary to determine whether the applicant or holder is adequately insured under this section. IV. A copy of documents establishing compliance with insurance requirements shall be on file with the Administrator at all times, in a manner approved by the Administrator. V. Failure to maintain minimum insurance standards, or failure to keep proof of insurance on file with the Administrator, shall result in the immediate suspension of the holder's operating authority. If an operating authority is suspended for failure to maintain insurance or to keep on file proof of insurance, the operating authority shall not be reinstated until satisfactory proof of insurance meeting minimum requirements is submitted to and confirmed by the Administrator. A. A person commits an offense if the person operates a regulated service while the person's operating authority is suspended under this subsection, whether or not the action is appealed. B. A fee for reinstatement of an operating authority after a suspension under this subsection shall be in accordance with the Schedule of Charges. VI. If a holder does not obtain new insurance within forty-five days after the holder's insurance is canceled, the Administrator may revoke the holder's operating authority. 4-7 EXHIBIT"A" TO ORD. NO. 2007-15 Page 36 of 118 Section 2-3. Application for Issuance, Renewal, Amendment or Temporary Amendment of Operating Authority poi To request issuance, renewal, amendment or temporary amendment of an operating authority, a person or holder shall submit a written application with any fees required in a manner established by the bow Administrator. The Administrator may request a person or holder to provide such information as the Administrator considers necessary for the implementation and enforcement of this chapter, for the protection of the public safety, or to meet any other local, state, or federal laws, rules, regulations, or guidelines. The applicant shall be the person who will own, control, or operate the proposed service. The applicant shall be authorized to operate as a regulated service in a municipality with established rules and regulations for the regulated service. The Administrator shall establish: A. qualifications and/or criteria for issuing regulated service operating authority; B. procedures for renewal of operating authority; C. procedures for amending operating authority; and D. procedures for temporarily amending operating authority. II. An applicant for taxicab operating authority shall: A. qualify for a taxicab driver's permit in accordance with this chapter; and B. be authorized to operate a taxicab service in a city whose corporate city limits or ON portions of the corporate city limits are within the service area and shall provide a copy of that city's document authorizing the taxicab service. III. An applicant for limousine operating authority shall: A. be authorized to operate a limousine service in a local city for six months and shall provide a copy of that city's document authorizing the limousine service; and B. maintain a minimum fleet of either three luxury sedans, or one luxury sedan and one stretch limousine, that has been approved by the Administrator for use in a limousine service. IV. Upon receipt of a complete application for issuance of an operating authority, the Administrator shall promptly notify in writing all holders requesting to be notified of applications for issuance, informing them that the application may be reviewed at a specified location at the Airport for ten days from the date the Administrator mails notifications. A holder shall submit in writing to the Administrator any protests indicating the applicant does not meet the Airport Board's qualifications to operate a regulated service at the Airport. A. Upon receipt of a protest, the Administrator shall hold a public hearing on the proposed service. B. The Administrator shall set the time and place of the hearing and shall notify each r. holder submitting a written protest and such other persons as the Administrator determines may be interested in the subject matter of the hearing. wow 4-8 EXHIBIT"A"TO ORD. NO. 2007-15 Page 37 of 118 V. Within forty-five days after notification to holders of the receipt of an application for issuance of a regulated service operating authority,the Administrator shall approve or deny the application. VI. The Administrator shall deny issuance of a regulated service operating authority if: A. the public convenience and necessity do not require or are not otherwise served by the proposed service; B. the applicant failed to comply with all requirements; C. the applicant or any person holding an ownership interest in the application has been convicted twice, suspended twice, or convicted once and suspended once, of a violation of these Rules and Regulations within the preceding two years; D. the applicant made a false statement as to a material matter in the application for operating authority; E. the applicant or any person holding an ownership interest in the application has been convicted of a city, state, or federal law that would reasonably tend to indicate that the applicant is not fit to perform a regulated service; or F. the applicant has had a regulated service operating authority or driver permit revoked within a two-year period prior to the date of application. Section 2-4. Suspension and Revocation of Operating Authority The Administrator may suspend or revoke a regulated service operating authority if the Administrator determines that the holder has: A. made a false statement as to a material matter in the application for issuance or renewal of the applicant's operating authority; B. failed to comply with provisions of the Rules and Regulations, a lawful order, or a procedure established by the Administrator; C. failed to comply with the terms and conditions set forth in the operating authority; D. been convicted of a violation of another city, state or federal law or regulation which would reasonably tend to indicate lack of fitness of the holder to perform a regulated service; or E. failed to pay all fees required by this chapter in a manner approved by the Administrator. II. The Administrator may suspend a holder's operating authority for a period not to exceed sixty days. At the end of the suspension period, the holder may resume operating at the Airport after providing verification to the Administrator that the deficiency causing the suspension has been corrected by the holder. Failure to correct a deficiency within the time period established by the Administrator may result in revocation of a holder's operating authority. 4-9 EXHIBIT"A" TO ORD. NO. 2007-15 Page 38 of 118 III. A holder whose operating authority has been revoked shall not reapply for an operating authority before the expiration of twenty-four months from the date of revocation or, in the case of an appeal, the date the appeal hearing officer affirms the revocation. Section 2-5. Appeal of Denial, Suspension or Revocation If the Administrator denies issuance, renewal, amendment, suspends, or revokes a regulated service operating authority, the action is final unless, within ten days from the date of receiving written notice of the action, the affected applicant or holder files an appeal in accordance with this chapter. Section 2-6. Fees All regulated service fees shall be established in accordance with the Schedule of Charges. II. Should a holder allow the payment of any fee required under this chapter to become delinquent, a late payment charge shall be collected in accordance with the Schedule of Charges and/or the holder's operating authority may be suspended or revoked. III. All fees shall be paid in a manner established by the Administrator. IV. No refund of fees shall be made. Section 2-7. Advertisement of Regulated Service A person commits an offense if the person advertises or causes to be advertised the operation of a regulated service at the Airport that does not have operating authority granted under this chapter, when the advertisement is reasonably calculated to be seen by aA persons seeking such service at the Airport. II. It is a defense to prosecution under subsection (I) that the person was the publisher of the advertising material and had no knowledge that the service was not permitted under this chapter. Section 2-8. Holder's Records and Reports Each holder shall maintain at a single location such categories of its business records of its service as the Administrator may require. II. The method used in maintaining the records shall be approved by the Administrator, and the Administrator may require maintenance of certain records which the Administrator determines necessary for monitoring the activities, operations, service or safety record of a holder. III. A holder shall maintain a record of the driver of each regulated service vehicle operated under the holder's operating authority. The records shall include the name of each driver who has operated the regulated service vehicle and the dates and times of each driver's operation of the vehicle. IV. A holder shall make such records available for inspection by the Administrator or provide the Administrator with information contained in those records upon request. mom Iwo 4-10 EXHIBIT"A"TO ORD. NO. 2007-15 Page 39 of 118 Section 3 Driver Permit Section 3-1. Driver Permit Required I. A person shall not operate at the Airport without a valid driver permit issued to the person under this chapter. The Administrator may place conditions and/or limitations on a driver permit determined necessary to effect the policy of this chapter. II. A holder of an operating authority shall not allow a person to operate a vehicle with an authorization decal at the Airport that is owned, controlled, or operated by the holder unless the person has a valid driver permit issued under this chapter. III. It is not a defense to prosecution that the person was operating a vehicle granted a certificate issued by the TX-DOT. IV. A driver permit assigned to one person is not transferable to another. Section 3-2. Qualifications for Driver Permit I. To obtain or renew a driver permit, a person or driver shall submit a written application with all fees required in a manner established by the Administrator. The Administrator may require each applicant or driver to provide such information as the Administrator considers necessary to determine whether an applicant or driver is qualified. II. The Administrator shall establish any additional qualifications and/or criteria for issuing a driver permit deemed necessary to assure that the public safety is protected and that public convenience and necessity are met. III. The Administrator shall establish procedures for renewal of a driver permit. IV. As a qualification for a driver permit, the Administrator may uniformly require applicants and/or drivers to pass an examination given by the Administrator that tests knowledge of traffic laws, duties under the Rules and Regulations, the road networks and geography of the Airport, cities, and counties in the service area, and other related topics. Additionally the applicants and/or drivers may be tested on English language proficiency. V. The Administrator may conduct any investigation the Administrator considers necessary to determine the fitness of an applicant or driver. VI. To qualify for a driver permit, an applicant shall: A. be at least 19 years of age; B. be a legal resident or currently authorized to work full-time in the United States; C. hold a valid Texas Department of Public Safety Driver's License classified to permit the applicant to operate the regulated vehicle for which the person is applying for permission to operate; D. be able to communicate effectively in the English language; E. for a taxicab driver permit have six months experience driving a taxicab in a local city; 4-11 EXHIBIT"A" TO ORD. NO. 2007-15 Page 40 of 118 F. not be afflicted with a physical or mental disease or disability that is likely to prevent the driver from exercising ordinary and reasonable control over a motor vehicle or that is likely to otherwise endanger the public health or safety; vie G. not have been convicted of more than two moving traffic violations arising out of separate transactions, or involved in more than two motor vehicle accidents in which it could be reasonably determined that the driver was at fault,within any twelve month period during the preceding thirty-six months; H. not be under indictment, have charges pending, or have been convicted of a crime: 1. involving: a) criminal homicide as described in Chapter 19 of the Texas Penal Code; b) kidnapping as described in Chapter 20 of the Texas Penal Code; c) a sexual offense as described in Chapter 21 of the Texas Penal Code; d) an assaultive offense as described in Chapter 22 of the Texas Penal Code; e) robbery as described in Chapter 29 of the Texas Penal Code; f) burglary as described in Chapter 30 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came into contact while engaged in a passenger transportation service; g) theft as described in Chapter 31 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came ■r into contact while engaged in a passenger transportation service; h) fraud as described in Chapter 32 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came into contact while engaged in a passenger transportation service; i) tampering with a governmental record as described in Chapter 37 of the Texas Penal Code, but only if the offense was committed against a person with whom the applicant came into contact while engaged in a passenger transportation service; j) public indecency (prostitution or obscenity) as described in Chapter 43 of the Texas Penal Code; k) the transfer, carrying or possession of a weapon in violation of Chapter 46 of the Texas Penal Code, but only if the violation is punishable as a felony; I) a violation of the Health and Safety Code, Chapter 483 - "Dangerous Drugs" that is punishable as a felony; m) a violation of the Health and Safety Code, Chapter 481 - "Texas Controlled Substances Act" that is punishable as a felony; or '"" n) criminal attempt to commit any of the offenses listed in subsection (H)(1). IMMO 4-12 EXHIBIT"A"TO ORD. NO. 2007-15 Page 41 of 118 2. and for which: a) less than two years have elapsed since the date of conviction 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; b) less than five years have elapsed since the date of 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 c) 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 twenty-four month period the applicant has two or more convictions of any misdemeanor offense or combination of misdemeanor offenses; I. not have been convicted of or discharged by probation or deferred adjudication for driving while intoxicated: 1. within the preceding twelve months; or 2. more than one time within the preceding five years; J. not have charges pending or not be under indictment for an offense for driving while intoxicated; K. not be addicted to the use of alcohol or narcotics; L. be subject to no outstanding warrants of arrest; M. be sanitary and well-groomed in compliance with the following driver dress standards: 1. a shirt with a collar which is clean and pressed; 2. long pants, dress slacks or jeans, which are clean and pressed, excluding nylon or spandex material, pants with holes, and pants or jeans with hems that are frayed or drag the ground; 3. shorts, skirts or dresses that are no more than two inches above the knees, which are clean and pressed, excluding cut-off jeans, nylon or spandex material, high cut sides, and swim trunks; 4. socks or hosiery and shoes with closed toes and heels; 5. conform to basic standards of hygiene and are neat, clean, and sanitary at all times; and 6. the Administrator has the authority to review and approve exceptions to the driver dress standards. N. be employed by a limousine service br as an independent contractor or employee with a taxicab service, which is the holder of operating authority for the regulated vehicle for which the driver is operating; and 4-13 EXHIBIT"A"TO ORD. NO. 2007-15 Page 42 of 118 O. have successfully completed within the preceding twelve months a defensive driving course approved by the Administrator and present original proof of completion. VII. Within forty-five days after receipt of an application for issuance or renewal of a driver permit, the Administrator shall approve and issue the driver permit or deny the application, except the Administrator shall delay until final adjudication the approval of the application of any applicant who is under indictment for or has charges pending for: A. a felony offense involving a crime described in section 3-2(VI)(H)(1) or criminal attempt to commit any of those offenses; or B. any offense involving driving while intoxicated. VIII. An applicant who has been convicted of an offense listed in section 3-2(VI)(H) or (I), 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 driver permit only if the Administrator determines that the applicant is presently fit to engage in the specified occupation. 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 criminal activity; moo E. evidence of the applicant's rehabilitation or rehabilitative efforts while incarcerated or following release or conviction; 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 had custodial or rehabilitative responsibility for the applicant; the sheriff and chief of police in the community where the applicant resides; and any other persons in contact with the applicant. IX. 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 (VIII) of this section and under section 3-3 (I). X. The Administrator may deny a person's application for issuance or renewal of a driver permit if the person: A. does not meet the qualifications established by the Administrator; B. refuses to cooperate with any investigation conducted by the Administrator; C. makes a false statement of a material fact in the person's application for a driver permit; sme D. refuses to submit to or does not pass a medical or written examination required by the Administrator; or vow 4-14 EXHIBIT"A"TO ORD. NO. 2007-15 Page 43 of 118 E. has had a driver permit revoked within a two year period prior to the date of application. XI. If the Administrator denies the person's application for issuance or renewal of a driver permit, the person has the right to appeal. Section 3-3. Investigation of Applicant For the purpose of determining qualification under section 3-2(VI)(F), the Administrator may require an applicant to submit to a physical examination at the applicant's expense conducted by a licensed physician acceptable to the Administrator and to furnish to the Administrator a statement signed by the physician certifying that the physician has examined the applicant and that in the physician's professional opinion the applicant is qualified under section 3-2(VI)(F) and able to operate a regulated vehicle at the Airport. II. The Administrator may conduct any other investigation the Administrator considers necessary to determine whether an applicant for a driver permit is qualified. Section 3-4. ExpirationNoidance of Driver Permit A driver permit may be issued for a period not to exceed two years. II. If a driver's employment with the limousine service, or contract or employment with the taxicab service, is terminated or canceled, or if the driver's license is suspended or revoked by the State, or if the driver fails to maintain or meet any of the qualifications stated in section 3-2, the driver permit automatically becomes invalid. III. A driver shall notify the Administrator and the holder under whose operating authority the driver operates within three days of a suspension or revocation of the driver's State driver's license and shall immediately surrender the driver permit to the Administrator. Section 3-5. Provisional Permit The Administrator may issue a provisional driver permit if the Administrator determines that it is necessary pending completion of investigation. II. A provisional driver permit expires on the date shown on the permit, not to exceed forty- five days, or upon the applicant being denied a driver permit, whichever occurs first. III. The Administrator shall not issue a provisional permit to a person who has been previously denied a driver permit. Section 3-6. Duplicate Driver Permit If a driver permit is lost, stolen, or destroyed, the Administrator shall issue the driver a duplicate driver permit upon receiving payment of a duplicate permit fee in accordance with the Schedule of Charges. Section 3-7. Display of Permit While on duty, a driver shall conspicuously display the driver permit in a manner established by the Administrator. 4-15 EXHIBIT"A" TO ORD. NO. 2007-15 Page 44 of 118 Section 3-8. Surrender of Permit I. A driver permit is the property of the Airport Board and shall be surrendered upon termination of employment or contract with the holder under whose authority the driver is authorized to operate, revocation, suspension, or upon request by the Administrator or an Airport Board official or peace officer. II. While on duty, a driver shall allow the Administrator, Airport Board official, or peace officer to examine the driver permit upon request. III. A driver permit is invalid unless presented with a valid Texas Driver's License of the appropriate class. Section 3-9. Suspension By a Designated Representative If a representative designated by the Administrator to enforce these Rules and Regulations under this section determines that a driver issued a driver permit has failed to comply with the Rules and Regulations, except for section 3-2 (VI), the representative may suspend the driver permit for a period of time not to exceed thirty days by serving the driver with a written notice of the suspension. The notice shall include: the reason for the suspension; II. the date the suspension begins; III. the duration of the suspension; and IV. a statement indicating the driver's right to appeal. o Section 3-10. Suspension of a Driver Permit by the Administrator " If the Administrator determines that a driver has failed to comply with any provision of the Rules and Regulations, except for section 3-2(VI), the Administrator may suspend the driver permit for a definite period of time not to exceed six months. II. If at any time the Administrator determines that a driver does not meet the qualifications established by the Administrator under section 3-2(11) or does not qualify under section 3- 2(VI), the Administrator shall suspend the driver permit until such time as the Administrator determines that the driver is qualified or that the charges against the driver have been finally adjudicated. A driver whose driver permit is suspended under this subsection shall provide the Administrator with necessary information or proof of qualification upon request. III. The Administrator shall notify a driver in writing of a suspension of the driver permit under this section and include in the notice: A. the reason for the suspension; B. the date the suspension begins; C. the duration of the suspension; and D. a statement indicating the driver's right to appeal. wow 4-16 EXHIBIT"A" TO ORD. NO. 2007-15 Page 45 of 118 Section 3-11. Revocation of a Driver Permit The Administrator may revoke a driver permit if the Administrator determines that the driver: A. operated a regulated vehicle inside the Airport during a period in which the driver permit was suspended; B. made a false statement in the application for issuance or renewal of a driver permit; C. operated a regulated vehicle for a person not holding a valid operating authority; D. was convicted of any felony offense prohibiting qualification for a driver permit as established in section 3-2 while holding a driver permit; E. received either a suspension in excess of ten days or a conviction for violation of the Rules and Regulations two times within the twelve month period preceding the conduct, or three times within the twenty-four month period preceding the conduct; F. engaged in conduct that could reasonably be determined to be detrimental to the public safety; or G. failed to submit payment of any regulated service fees as established in accordance with the Schedule of Charges and in a manner approved by the Administrator. II. The Administrator shall notify a driver in writing of a revocation of the driver permit and include in the notice: A. the reason for the revocation; B. the date the revocation begins; and C. a statement indicating that the revocation may be appealed. Section 3-12. Operation of Regulated Vehicle After Suspension or Revocation After receiving notice of suspension or revocation of a driver permit or denial of a driver permit renewal, a driver shall, on the date specified in the notice, surrender the driver permit to the Administrator and discontinue operating a regulated vehicle at the Airport. II. A driver whose driver permit is suspended or revoked shall not originate a trip for hire inside the Airport during the period of suspension or revocation. Any suspension or revocation of a driver permit will apply to all additional Airport driver permits issued to the driver. The Administrator may also order the driver to not terminate trips at the Airport during the period of the suspension or revocation. III. Upon completion of a suspension, it is the driver's responsibility to retrieve the driver permit prior to resuming operations. Section 3-13. Current Mailing Address A driver shall maintain a current mailing address on file with the Administrator. II. A driver shall notify the Administrator of any change in the mailing address within five business days of the change. 4-17 EXHIBIT"A" TO ORD. NO. 2007-15 Page 46 of 118 Section 4 Miscellaneous Holder and Driver Regulations omi Section 4-1. Holder's and Driver's Duty to Comply Iwo A holder shall comply with the terms and conditions of the holder's operating authority, lawful orders of the Administrator, the Rules and Regulations, and other laws applicable to the operation of a regulated service. It is not a defense to prosecution that the trip originated in another city. II. 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 the holder's duty under the holder's operating authority and the Rules and Regulations. It is not a defense to prosecution that the trip originated in another city. III. A holder and driver shall comply with the Compliance Program as established by the Administrator. Section 4-2. Holder's Duty to Enforce Compliance by Drivers A holder shall establish policy and take action to discourage, prevent, or correct violations of the Rules and Regulations, procedures, and lawful orders by drivers who are operating a vehicle under the holder's operating authority. II. A holder shall not allow a driver to operate a vehicle under the holder's operating authority 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, the terms of the driver permit, or the lawful orders of the Administrator. ,rte III. All holders shall be responsible for training all drivers employed by or contracting with the holder in: A. driver permitting procedures; B. vehicle requirements and permitting procedures; C. Rules and Regulations; D. driver disciplinary guidelines and appeal procedures; E. dress standards; F. daily inspection standards; G. service area knowledge standards; H. customer service standards; I. driver conduct standards; J. lost article reporting procedures; page 4-18 EXHIBIT"A" TO ORD. NO. 2007-15 Page 47 of 118 K. driver safety policy and procedures; L. maintaining a driver daily manifest; and M. procedures established by the Administrator regarding the operation of a regulated vehicle at the Airport. Section 4-3. Driver as an Employee or Independent Contractor A driver operating under a holder's operating authority is considered a part of the regulated service. II. All drivers of a limousine service shall be bona fide employees of the holder. A holder of taxicab operating authority may contract with a driver on an independent basis. 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 the Administrator 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. The contract will: A. provide that the holder shall indemnify the Airport Board and the Cities of Dallas and Fort Worth and hold them harmless for a claim or cause of action against the Airport Board and the Cities of Dallas and Fort Worth arising from conduct of the driver; B. provide that the driver is insured under the holder's insurance; and C. impose a condition that the driver shall comply with the Rules and Regulations and provide that failure to comply may be considered by the holder as a material breach of contract. III. A holder shall notify the Administrator of the termination of a driver's authority to operate under the holder's operating authority within five business days after termination. Section 4-4. Holder's Service Responsibilities A holder shall provide regulated service for passengers at the Airport in accordance with service levels and standards approved by the Administrator. II. A holder shall cooperate with the Administrator in all phases of regulated service operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the Administrator for regulated service during periods of shortage. III. A holder shall respond to all customer complaints regarding Airport service within ten days from receipt of the complaint and advise the Administrator of any and all action taken in response to the complaint. IV. A holder shall provide each driver with any and all forms as required by this chapter. All forms are subject to approval by the Administrator. V. The Administrator may establish procedures to monitor the regulated services at the Airport including, but not limited to the following: A. condition of regulated vehicles; 4-19 EXHIBIT"A" TO ORD. NO. 2007-15 Page 48 of 118 B. constancy of service at the Airport; C. adherence to all Rules and Regulations; pin D. driver conduct; E. passenger complaints; and F. holding stand management. Section 4-5. Information to be Supplied Upon Request of the Administrator In addition to any other information required by this chapter, a holder shall submit to the Administrator, upon request, the following: a current list of vehicles operating under the holder's operating authority; II. a current financial statement which includes a balance sheet/income statement; III. the names of the current officers, owners, and/or managers of the regulated service; IV. a verified list of the names and driver permit numbers of current persons authorized to operate under the holder's operating authority; V. a copy of all fees and charges assessed to permitted drivers; and VI. any other information determined necessary for the effective control of regulated service at the Airport. WWI Section 4-6. Falsification and Nontransferability of Authorization A driver permit, badge, decal, entry or dispatch ticket, emblem or any other item assigned to one person or vehicle is not transferable to another person, vehicle, or holder. II. A driver permit becomes invalid upon termination of the driver's authorization to operate under the holder's operating authority, unless authorized by the Administrator. III. A person, holder or driver commits an offense if the person, holder or driver: A. forges, alters, or counterfeits a driver permit, badge, decal, entry or dispatch ticket, emblem or any other item required by the Rules and Regulations or other applicable law; B. possesses a forged, altered, or counterfeited driver permit, badge, decal, entry or dispatch ticket, emblem or any other item required by the Rules and Regulations or other applicable law; or C. possesses more than one driver permit, badge, decal, entry or dispatch ticket, emblem or any other item required by the Rules and Regulations or other applicable law, unless authorized by the Administrator. MIS wow 4-20 EXHIBIT"A"TO ORD. NO. 2007-15 Page 49 of 118 Section 5 General Service Rules and Regulations Section 5-1. Regulations for Use of Holding Stands I. A vehicle is unauthorized on a holding stand if the vehicle is not equipped with a decal issued by the Administrator. II. A vehicle on a holding stand without authorization from the Administrator may be removed from the holding stand and impounded with all towing and storage fees to be paid by the vehicle owner. III. While on duty at the Airport, a driver shall queue only on designated holding stands as authorized by the Administrator. IV. While using a designated holding stand, a driver shall not: A. leave the vehicle except to provide such assistance to a passenger as is reasonably necessary after being engaged, provided the driver remains within the designated holding stand, unless otherwise authorized by the Administrator; or B. perform or allow to be performed repairs or maintenance on the vehicle. V. A driver shall not utilize the holding stand while off duty. VI. A driver shall: A. remain at a designated holding stand only long enough to load or discharge passengers and then expeditiously progress to the next holding stand, as authorized by the Administrator, or exit the Airport; and B. enter a holding stand only at those times authorized by the Administrator. Section 5-2. Loading and Discharging of Passengers I. A driver may transport only a person who is a paying passenger, unless the person is an employee of the holder that employs or contracts with the driver and has received approval from the Administrator to be in the regulated vehicle or the person is a governmental inspector acting in an official capacity. II. A driver may not transport at the same time a number of passengers exceeding the designated seating capacity of a regulated vehicle. III. A driver shall load passengers and baggage into a regulated vehicle only at designated holding stands. IV. A driver shall discharge passengers in a manner authorized by the Administrator. Section 5-3. Pre-arranged Trip Information When entering the terminal areas, a driver operating on a pre-arranged basis shall possess and present to the Administrator on request, written documentation indicating the following information: 4-21 EXHIBIT"A" TO ORD. NO. 2007-15 Page 50 of 118 name of the customer(s) and number of individuals in the party; II. flight information as requested by the Administrator; and moo III. destination of the passenger. Section 5-4. Cruising A person commits an offense if the person engages in cruising at the Airport. It is a defense to prosecution if a driver: I, has a passenger to be discharged at the terminal or hotel; II. has trip authorization by the Administrator; III. is in the process of leaving the Airport by the most direct route; or IV. is in the process of driving to the central queue by the most direct route. Section 5-5. Solicitation of Passengers A person commits an offense if the person: A. solicits or attempts to solicit passengers; or B. accepts payment from a driver, holder, or person in return for giving preferential treatment in directing passengers to the driver's or holder's regulated service. II. It is a defense to prosecution for a violation of this subsection if the owner of the regulated service has made a contractual agreement or other prior arrangement with the management of the other business and has been approved by the Administrator. Section 5-6. Conduct of Driver A driver shall: act in a reasonable, prudent and courteous manner; II. maintain a sanitary and well-groomed appearance in compliance with section 3-2 (VI) M; III. not respond to a dispatched call assigned to another driver or company; IV. not consume, possess or be under the influence of: A. any alcoholic beverage; B. any controlled substance; or C. any substance that could adversely affect the driver's ability to operate a motor vehicle; V. not monitor or possess equipment to monitor transmissions of a regulated service other than the holder under whose operating authority the driver is operating; wow 4-22 EXHIBIT"A"TO ORD. NO. 2007-15 Page 51 of 118 VI. not interfere with the Administrator in the performance of the Administrator's duties; VII. not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, Airport building, holding stand, or Airport roadway in a manner that impedes the movement of a person or vehicle; VIII. comply with lawful orders of the Administrator issued in the performance of the Administrator's duties; IX. not deposit any bottle, can, trash, debris, junk, food, or other object around any holding stand, building or Airport roadway except in an authorized trash receptacle; X. not file a false report or make a false statement to the Administrator; and XI. not allow another person to drive or operate a regulated vehicle assigned to the driver unless such a person has authorization from the Administrator to operate under the holder's operating authority which the vehicle is regulated and the person has written authority from the holder. Section 5-7. Return of Passenger's Property Upon finding property in a regulated vehicle left by a passenger, the driver shall comply with the procedures established for lost property by the Administrator. Section 5-8. Not-For-Hire Status of Vehicles I. Each regulated vehicle operated on the Airport is presumed to be on duty and ready to serve the general public for hire. I I. The Administrator shall establish a procedure whereby a driver will indicate that the driver and the driver's vehicle are not for hire. If a driver is off-duty and does not intend to provide regulated service at the Airport, the driver shall comply with the procedure established by the Administrator. III. A driver who is not for hire shall not queue a vehicle on or within five hundred feet of a holding stand or along or in the one-hour parking zones of the Airport roadways and parking lots unless authorized by the Administrator. Section 5-9. Taxicab Service Driver's Daily Manifest A. Each driver shall document all trips originated at the Airport on a daily manifest provided by the holder. The driver shall record on the daily manifest all information required by the Administrator to aid in the discharge of the Administrator's duties. B. Each driver shall complete a manifest on a separate form for each calendar day that the driver operates at the Airport. The driver shall record the information with regard to trips at the end of each trip. The driver shall return completed manifest forms at least weekly to the holder under whose authority the driver is operating.A driver shall provide a copy of the driver's daily manifest to the Administrator upon request. 4-23 EXHIBIT"A"TO ORD. NO. 2007-15 Page 52 of 118 II. Representation of Availability of Taxicab A. A driver may not represent that the taxicab is engaged when in fact it is not engaged. „■,,,, B. A driver may not represent that the taxicab is not engaged when in fact it is engaged. III. Refusal to Transport Passengers While operating a taxicab, a driver shall not refuse to transport a person who requests service unless: A. the person is disorderly; B. the driver is engaged in answering a previous request for service; C. the driver has reason to believe that the person is engaged in unlawful conduct; or D. the driver is in fear of the driver's personal safety. IV. Transport Passengers by Direct Route A taxicab driver shall transport a passenger to the passenger's destination by the most direct and expeditious route available unless otherwise directed by the passenger. V. Holding Stands Designated for Taxicabs In addition to the regulations for use of holding stands, a driver shall not: ono A. interfere with the orderly progression of taxicabs from the rear to the front of any holding stand; emir B. assign or sell the driver's position in a holding stand to another; C. interfere with a taxicab entering a holding stand on which there is a vacant space; or D. engage a passenger without first progressing through the holding stand in a manner established by the Administrator unless otherwise instructed to do so by the Administrator. Section 5-10. Limousine Service Pre-arranged Service All limousine service shall be operated on a pre-arranged basis. All arrangements for limousine service shall be made prior to the regulated vehicle entering into the terminal areas of the Airport. II. A driver furnishing limousine service shall not accept any passenger at the Airport except those for whom service has been pre-arranged and documented. III. All vehicles authorized for limousine service shall be owned or leased in the holder's name and limousine service companies shall provide a Title Application Receipt from the Texas Department of Transportation proving that vehicles are owned or leased in the holder's name. sew 4-24 EXHIBIT"A" TO ORD. NO. 2007-15 Page 53 of 118 Section 6 Fares Section 6-1. Fares Rates of Fare for Limousine A. A driver or holder shall not charge a fare for operating a limousine at the Airport that is inconsistent with the rates authorized by the holder's operating authority. B. A holder desiring to amend the holder's operating authority to effect a change in the approved rates of fare shall submit a written request to the Administrator. C. 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. D. The Administrator may require a holder to display rates within a limousine in a manner prescribed by the Administrator. E. Upon request by a person paying a fare, a driver or holder shall give the person a legible receipt that indicates the name, address and phone number of the regulated service and the amount of fare. F. Any type of taximeter or measuring device in a limousine is prohibited. II. Rates of Fare for Taxicab A. A driver, holder, or owner shall not quote, request, or charge a fare for operating a taxicab at the Airport that is inconsistent with the rates authorized by the City of Dallas. 1. Flat rate of$43.00 for each trip either originating at the Airport and terminating at a location within the Fort Worth Central Business District area or originating at a location within the Fort Worth Central Business District area and terminating at the Airport. 2. 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. B. The driver, holder, or owner shall display the approved Airport rates of fare and any authorized incentive fares on and/or within a taxicab in a manner prescribed by the Administrator. C. A driver, holder, or owner shall charge only a fare as computed by the taximeter unless otherwise authorized by this section. 4-25 EXHIBIT"A" TO ORD. NO. 2007-15 Page 54 of 118 D. A taximeter shall be activated at all times while transporting a passenger. E. A driver, holder or owner shall charge the following incentive fares: . 1. $7.00, or the metered rate, for each terminal transfer; , 2. $14.50, or the metered rate, whichever is greater, for each trip passing through a parking plaza and terminating inside the Airport boundary; and 3. $17.00, or the metered rate, whichever is greater, for each trip passing through a parking plaza and terminating outside the Airport boundary. III. Fare Collection Procedures for Taxicabs A. 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. B. Upon request by a person paying a fare, a driver shall give the person a legible receipt showing: 1. the name of the holder under whose authority the taxicab is operated; 2. the taxicab number; 3. the itemized list of charges; 4. the total amount of fare paid; �w 5. the date of payment; OWN 6. the driver's signature; and 7. the driver permit number. C. A holder shall provide each driver operating a taxicab under its authority with printed receipt forms adequate for providing the information required. moo 4-26 EXHIBIT"A"TO ORD. NO. 2007-15 Page 55 of 118 Section 7 Regulated Vehicle Standards and Inspection Section 7-1. Standards All taxicabs serving the Airport shall comply with City of Dallas taxicab standards concerning condition, age, equipment, signs, and markings. II. Taxicabs standards include but are not limited to: A. 40,000 miles or less when initially authorized; B. 40,000 miles or more when initially authorized will be required to pass a detailed vehicle condition inspection at operator's expense (cost); and C. a vehicle, as approved by the Administrator, with a minimum of three doors and a seating capacity of not less than five nor more than eight, including the driver. III. The Administrator may establish standards concerning safety, condition, age, size, emissions, manufacturers suggested retail price, appearance, equipment, signs, and markings for vehicles operated in a regulated service. IV. Limousine standards include but are not limited to: A. five years old or less when initially authorized; B. luxury sedans shall have a rated seating capacity of not more than six passengers, including the driver; C. stretch limousines shall: 1. have a rated seating capacity of not more than fifteen passengers, including the driver; and 2. be modified by an industry certified builder; and D. classic vehicles are exempted from the age requirements. Section 7-2. Inspection The holder of a regulated service operating authority shall maintain all regulated vehicles used in the service in a safe mechanical condition and shall maintain the interior and exterior of the vehicles in good repair. II. A holder shall have each vehicle to be used in a regulated 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, condition, age, appearance, equipment, signs and markings, and compliance with all state and federal laws including those regulating emission of air contaminants. A. A holder, owner, or driver shall make a regulated vehicle available for inspection when ordered by the Administrator. 4-27 EXHIBIT"A" TO ORD. NO. 2007-15 Page 56 of 118 B. If a holder, owner, or driver fails to make a regulated vehicle available for inspection or if the Administrator determines that a regulated vehicle is not in compliance with the Rules and Regulations, the Administrator may order the regulated vehicle removed from service until it is made available for inspection and/or brought into compliance. C. If the Administrator determines that inspection of the mechanical condition or safety equipment of a vehicle by a certified mechanic or technician is necessary, the holder, owner, or driver shall pay the cost of the inspection. III. The fee for each inspection by the Administrator of each vehicle operated under a holder's operating authority shall be established in accordance with the Schedule of Charges. IV. The Administrator shall designate the time and place for semi-annual and post-accident safety inspections of regulated vehicles operated under the holder's operating authority. If the Administrator determines that a regulated vehicle should be inspected by a third party, the applicant or holder shall bear the reasonable cost of inspection. V. A holder may contract for maintenance but shall be responsible for assuring that all regulated vehicles operated under the holder's operating authority are maintained in safe operating condition. VI. The Administrator may order a regulated vehicle be removed from service any time the regulated vehicle falls below standards established by the Administrator. VII. The owner of a regulated vehicle authorized to operate in a regulated service shall notify the Administrator of any change in ownership of the vehicle within ten business days of the �* change. err VIII. The holder or owner shall notify the Administrator of any regulated vehicle removed from service under the holder's operating authority, and shall be responsible for removing from the vehicle any decals that would distinguish the vehicle as a regulated vehicle. Section 7-3. False Representation A person commits an offense if the person: represents that a vehicle is a regulated vehicle if the vehicle is not in fact a regulated vehicle authorized to operate at the Airport; or II. operates a vehicle at the Airport that is not a regulated vehicle if the vehicle is marked, painted, advertised, or equipped in a way that is likely to result in mistaking the vehicle for a regulated vehicle. Section 7-4. Decals The holder, owner, or driver of each regulated vehicle shall obtain from the Administrator, after passing inspection, an authorization decal indicating the vehicle's authority to operate at the Airport. The decal shall be attached to each vehicle in a manner and location approved by the Administrator. The decal is the property of the Airport. The fee for a decal shall be charged in accordance with the Schedule of Charges. ergs 4-28 EXHIBIT"A" TO ORD. NO. 2007-15 Page 57 of 118 II. The Administrator may cause a decal to be removed from a vehicle which at any time fails to meet the standards for appearance, condition, age, safety, or equipment. The fee for reissuance of a decal which has been removed, lost, or stolen shall be established in accordance with the Schedule of Charges. III. A person commits an offense if the person: A. operates a regulated vehicle at the Airport with an expired decal; B. operates a regulated vehicle with no decal affixed to it, except for the sole purpose of terminating a trip that lawfully originated outside the Airport; C. attaches a decal to a vehicle not authorized to operate as a regulated vehicle at the Airport; D. queues a vehicle on a designated holding stand as authorized by the Administrator with an expired decal or with no decal affixed to it; E. interferes with the Administrator in the removal of a decal; F. covers, conceals or attempts to cover or conceal a decal; G. forges, alters, or counterfeits a decal required by this chapter; or H. possesses a forged, altered, or counterfeited decal required by this chapter. Section 7-5. Equipment It is the responsibility of the holder, owner, and/or driver of a regulated vehicle to ascertain the following equipment is in, on, and/or operable for each regulated vehicle operated: A. an air conditioner; B. a heater; C. a fire extinguisher (minimum one quart capacity) located within driver's reach; D. evidence of insurance under section 2-2; E. decal(s) required by this chapter; F. any other equipment required to comply with all federal and state motor vehicle laws; G. any other special equipment that the Administrator determines to be necessary; and H. all regulated vehicles shall accept all major credit cards as prescribed by the Airport Board unless exempted by the Administrator. II. All regulated vehicles and all equipment in the regulated vehicles shall comply with all applicable federal and state motor vehicle safety standards. III. A regulated vehicle may not be salvaged or reconditioned. 4-29 EXHIBIT"A"TO ORD. NO. 2007-15 Page 58 of 118 IV. All temporary regulated vehicles shall comply with the requirements of this section and any other standards established by the Administrator. Section 7-6. Taxicab Equipment Unless otherwise specified in the operating authority under which a taxicab is operated and in addition to other equipment required by the Rules and Regulations, a holder, owner, or driver shall provide and maintain in good operating condition the following equipment for each taxicab: seat belts for each passenger, the number of which is determined by the designated seating capacity; II. a taximeter, A. a taximeter shall accurately register in legible figures total miles, paid miles, number of fare units, number of trips, extras, and total fare for a trip. Figures denoting the fare shall be illuminated when the taximeter is activated. The taximeter shall be permanently mounted in a conspicuous location approved by the Administrator; B. a taximeter shall be equipped to indicate whether the taxicab is engaged or 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 shall be designed so that the light is automatically illuminated while the taximeter is registering a fare; C. if the taximeter employs a flag, the flag shall project above the dashboard so as to be easily seen from outside the taxicab when in the non-earning position; D. the taximeter or its driver system shall be sealed at all points at which components, if manipulated, could affect the function or accuracy of the taximeter; Imo E. the design of a taximeter is subject to approval by the Administrator to assure that it complies with this section; F. each taximeter shall be maintained in good operating condition and be tested and sealed at least once each year in a manner approved by the Administrator to assure compliance with weights and measures laws; G. 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; H. the holder, owner, or driver of a taxicab shall be responsible for paying the cost of testing a taximeter; I. a person commits an offense if the person operates a taxicab that is: 1. not equipped with a taximeter; or 2. equipped with a taximeter that: a) does not have a valid taximeter inspection decal and lead seal approved by """' the Administrator; 4-30 EXHIBIT"A" TO ORD. NO. 2007-15 Page 59 of 118 b) has been tampered with or altered; or c) incorrectly registers or computes taxicab fares because of alterations to the taxicab odometer, including, but not limited to, changes in the gears, tires, or wheels of the taxicab. III. equipment to indicate when a taxicab is operating for hire and when it is not for hire; IV. a top light; V. maps, approved by the Administrator, of the Airport service area; VI. a driver identification permit holder in a location as established by the Administrator; and VII. a personalized rate sheet, as approved by the Administrator, displayed in a location as established by the Administrator. 4-31 EXHIBIT"A"TO ORD. NO. 2007-15 Page 60 of 118 Section 8 Enforcement Section 8-1. Authority to Inspect The Administrator may inspect a regulated service operating at the Airport to determine whether the service complies with the Rules and Regulations or other applicable laws. Section 8-2. Removal of Evidence of Authorization When a holder's operating authority or a driver permit is suspended, revoked, or denied or whenever a vehicle fails to pass inspection, the Administrator may remove or require the surrender of all evidence of authorization as a holder, driver, or regulated vehicle including, but not limited to, removal or surrender of operating authority, driver permits, decals, signs, insignia, radios, top lights, and/or taximeters. Section 8-3. Assistance by Department of Public Safety Upon specific request of the Administrator, officers of the Department of Public Safety may assist the Administrator in the enforcement of the Rules and Regulations. II. A Department of Public Safety officer, upon observing a violation of this chapter or the procedures established by the Administrator, may take necessary enforcement action. Section 8-4. Correction Order If the Administrator determines that a holder is in violation of the terms of the holder's operating authority, the Rules and Regulations, a procedure established by the Administrator, a lawful order of the Administrator, or other law,the Administrator shall notify the holder in writing of the violation and by written order direct the holder to correct the otom 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 may order the holder to immediately cease use of the equipment. II. If the Administrator determines that a violation is an imminent and serious threat to the public health or safety, the Administrator may order the holder to correct the violation immediately. If the holder fails to comply, the Administrator shall promptly take or cause to be taken such action the Administrator considers necessary to enforce the order immediately. III. The Administrator shall include in a correction order issued under this section: A. identification of the violation; B. the date of issuance of the correction order; C. the time period within which the violation shall be corrected; D. a warning that failure to comply with the correction order may result in suspension or revocation of operating authority, imposition of a fine, or both; and E. a statement indicating that the correction order may be appealed to the Executive NON Director. 4-32 EXHIBIT"A" TO ORD. NO. 2007-15 Page 61 of 118 Section 8-5. Service of Notice 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. II. Notice required under the Rules and Regulations shall be given in the following manner: A. a holder shall be personally served with the notice in a manner established by the Administrator, including but not limited to, serving holder's designated representative or by certified United States mail, five-day return receipt requested, to the holder's designated representative; or B. a driver operating under a holder's operating authority shall be personally served by the Administrator, including but not limited to, serving holder's designated representative for the driver by certified United States mail, five-day return receipt requested. III. A person operating in violation of these Rules and Regulations, other than a driver or holder permitted under this chapter, may be personally served by the Administrator or by certified United States mail, five-day return receipt requested. IV. 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. Section 8-6. Appeals A suspension by a designated representative of the Administrator may be appealed to the Administrator if the driver submits a written request, in a manner approved by the Administrator, within ten days of receiving written notice of the suspension. II. The Administrator shall order an expedited hearing under this section, to be held as soon as possible after the driver requests an appeal. The Administrator may affirm, reverse, or modify the order of the representative. The decision of the Administrator is final. III. If the Administrator denies issuance or renewal of operating authority, suspends or revokes operating authority, denies issuance or renewal of a driver permit, suspends a driver permit, revokes a driver permit, or issues a correction order, the action is final unless, within ten days from the date of receiving the written notice of the action, the affected applicant, holder, or driver files an appeal, in writing, with the Executive Director specifying the reasons for the appeal. IV. The Executive Director shall establish an appeal hearing procedure that will give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the ruling shall be based on a preponderance of evidence presented at the hearing. V. If the driver appeals the suspension or revocation of a driver permit, the driver may continue to operate at the Airport pending the appeal unless: 4-33 EXHIBIT"A" TO ORD. NO. 2007-15 Page 62 of 118 A. the driver does not meet the qualifications established by the Administrator; B. the Administrator determines that continued operation by the driver would impose an immediate threat to public safety; or 6.w► C. the driver permit is suspended or revoked due to a previous offense. VI. The decision rendered through the appeal hearing procedure is final. Section 8-7. Criminal Offenses A person commits an offense if the person violates or attempts to violate a provision of this chapter applicable to the person. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under this chapter is punishable by imposition of a fine not to exceed the maximum allowable by law. II. Prosecution for an offense under Subsection (I) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. Section 8-8. Administrative Fines The Administrator or Executive Director shall have the authority to levy an administrative fine against a holder, owner or driver who violates any provision of the Rules and Regulations. out II. The fines shall be established in accordance with the Schedule of Charges, as amended. .or III. Delinquent or past due fines shall be cause for the Administrator or Executive Director to immediately suspend any permit, operating authority, or written authorization of any holder, owner, or driver until such fines are paid in full, or take any other legal action deemed necessary to recover delinquent or past due fines. WON 4-34 EXHIBIT"A" TO ORD. NO. 2007-15 Page 63 of 118 Chapter 5 Courtesy Vehicle Rules and Regulations Section 1 General Provisions Section 1-1. Statement of Policy It is the policy of the Dallas/Fort Worth International Airport Board and the Cities of Dallas and Fort Worth to promote and provide adequate and efficient courtesy vehicle operations at Dallas/Fort Worth International Airport. To this end, rules and regulations for courtesy vehicle operations at the Airport are developed to protect the public health and safety, to promote the public convenience and necessity, and to facilitate efficient utilization of the roadway system and terminal curbside space while respecting the concept of free enterprise. Section 1-2. General Authority For Enforcement The Administrator shall implement and enforce this chapter and may by written order establish procedures, not inconsistent with this chapter, determined as necessary to discharge the Administrator's duties under, or to effect the policy of, this chapter. Section 1-3. Exemptions Except when the vehicle has been issued a decal pursuant to this chapter,these Rules and Regulations do not apply to a vehicle or to a person operating a vehicle that is: A. owned by a nonprofit organization and carrying only passengers associated with that organization, if no compensation is received from any other person for carrying the passengers; 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 work stations, with the employees reimbursing the employer or employee association in the amount calculated only to offset the reasonable expenses of operating the vehicle; C. entering the Airport for the sole purpose of terminating a trip that lawfully originated outside of the Airport; D. originating a trip that has been pre-arranged by a passenger and authorized by the Administrator, or E. owned by the federal or state government or by a political subdivision of the state. II. A person or vehicle exempted under this subsection is subject to a fee, in an amount to be designated by the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended, for operating at the Airport, using the holding stands, or obtaining an authorization decal. 5-1 Effective November 4,2006 EXHIBIT"A" TO ORD. NO. 2007-15 Page 64 of 118 Section 1-4. Definitions The definition of a term in the Rules and Regulations applies to each grammatical variation of the term. „,. Unless the context requires a different definition: Administrator means the Director of Operations of the Dallas/Fort Worth International Airport Board, and includes representatives, agents or Airport employees designated by the Administrator. II. Airport means all of the land, improvements, facilities, and developments within the boundaries of the Dallas/Fort Worth International Airport. III. Airport Board or Board means the Dallas/Fort Worth International Airport Board. IV. Consolidated Rental Car Facility means the single facility at the Airport from which vehicles are rented by those persons having a concession and lease agreement with the Board for that purpose. V. 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. VI. Contract Courtesy Vehicle means a vehicle hired or contracted by a hotel, motel, or auto rental company used for the transportation of passengers and property owned by those passengers to, on, or from the Airport. VII. Courtesy Vehicle means a vehicle operated by a hotel, motel, or auto rental company ..w used for transportation of passengers and property owned by those passengers to, on, or from the Airport, not for hire or direct compensation by a passenger, including contract Imo courtesy vehicles. VIII. Cruising means driving a courtesy vehicle within 1000 feet of a terminal, hotel, or terminal area on the Airport without a dispatch authorization or other form of permission from the Administrator. IX. Department of Public Safety means the Department of Public Safety of the Dallas/Fort Worth International Airport Board. X. Department of Operations means the Department of Operations of the Dallas/Fort Worth International Airport Board. XI. Driver means an individual who drives or operates a courtesy vehicle. XII. Employee means any person, partnership, corporation, association, stockholder, joint venturer, or independent contractor in the service of another, under any contract of hire whether express or implied, oral or written. XIII. Executive Director means the Chief Executive Officer of the Dallas/Fort Worth International Airport Board, or his designee. XIV. Headway means the time interval between vehicles of the same operator arriving at or driving through any area of a given terminal. woo 5-2 EXHIBIT"A"TO ORD. NO. 2007-15 Page 65 of 118 XV. Holder means an individual, partnership, corporation, joint venture or other legal entity granted operating authority to provide courtesy vehicle service at the Airport, or the holder's designated agent. XVI. Holding Stand means all authorized queuing, loading and holding areas as designated by the Administrator. XVII. Lawful Order means a verbal or written directive issued by the Administrator or the Administrator's duly authorized representative in the performance of the Administrator's duties in the enforcement of the Rules and Regulations authorized by this chapter. XVIII. Legal Resident means a citizen of the United States or a person residing in the United States in accordance with federal immigration laws. XIX. Off-Airport Rental Car Company means a person who accesses the Airport for the purpose of supplying rental car services to persons using the Airport but who does not have a lease agreement with the Airport Board covering the use and occupancy of facilities at the Airport from which vehicles may be rented. XX. Operate means to drive or to be in control of a courtesy vehicle. XXI. Operating Authority means permission granted by the Administrator to operate a courtesy vehicle service at the Airport. XXII. Operator means the driver or owner of a courtesy vehicle or the holder of an operating authority under which the vehicle is operated. XXIII. Owner means, when used in connection with a vehicle, the person to whom state license plates for a vehicle have been issued or the person who leased the vehicle. XXIV. Person means an individual, firm, partnership, corporation, sole proprietorship, government, association, company, or an agency,trust, partnership of two or more persons having a joint or common economic interest. XXV. Rules and Regulations means the courtesy vehicle services rules and regulations established under Chapter 5, Courtesy Vehicle Rules and Regulations, of the Code of Rules and Regulations of the Dallas/Fort Worth International Airport Board, as amended. XXVI. Schedule of Charges means the Dallas/Fort Worth International Airport Board Schedule of Charges, as amended. XXVII. Terminal Areas means the roadways, parking lots, curbside zones, and sidewalks servicing the arrival and departure areas of all Airport terminals and the Airport hotels. Section 1-5. Establishment of Rules and Regulations I. Before submitting a proposal to the Airport Board to adopt, amend or repeal a rule or regulation, the Administrator shall hold a public hearing on the proposal. The Administrator shall fix the time and place of the hearing and shall notify each holder and such other persons as the Administrator determines may be interested in the subject matter of the hearing. 5-3 EXHIBIT"A"TO ORD. NO. 2007-15 Page 66 of 118 II. After the Airport Board acts upon the proposal, the Administrator shall notify the holders and such other interested persons of the action and shall post a notice in the Airport Board Ground Transportation Regulation Office for a minimum of ten days. The action shall become effective immediately upon approval by the Airport Board. Section 1-6. Establishment of Procedures The Administrator may by written order establish procedures not inconsistent with the Rules and Regulations which the Administrator determines are necessary to discharge the Administrator's duty to implement the Rules and Regulations. . r ooto 5-4 EXHIBIT"A" TO ORD. NO. 2007-15 Page 67 of 118 Section 2 Operating Authority Section 2-1. Operating Authority Required A person or owner shall not operate a courtesy vehicle service at the Airport without an approved operating authority issued by the Administrator. The Administrator may place conditions and/or limitations on the operating authority as determined necessary to effect the policy of this chapter. II. A person shall not engage or hire a courtesy vehicle which the person knows does not have an operating authority or another form of permission from the Administrator. III. A holder's operating authority is not transferable. IV. An operating authority may be issued for a period not to exceed one year and shall expire annually on the date designated in the operating authority. Section 2-2. Insurance During the authorized period of operating authority, a holder shall procure and keep in full force automobile liability insurance that meets or exceeds the insurance requirements and standards established by this section and that does not violate the ownership/operational control prohibition described in this section. A. Insurance required under this section shall: 1. be carried with an insurance company licensed, approved, or authorized to do business in the State of Texas and which, if the holder is authorized by the City of Dallas, has a rating acceptable to the City of Dallas and which, if the holder is authorized by the City of Fort Worth, has a rating acceptable to the City of Fort Worth, or if the holder is authorized by a city other than Dallas or Fort Worth, which has a rating acceptable to the City of Dallas or the City of Fort Worth, whichever is less, and is acceptable to the Administrator; 2. include a cancellation rider under which the insurance company providing coverage is required to notify the Administrator in writing not fewer than thirty days before canceling, failing to renew or making a material change to the insurance policy; 3. include a provision to cover all vehicles, whether owned or not owned by the holder, operated under the holder's operating authority; 4. name as additional insured the Airport Board and the Cities of Dallas and Fort Worth and their officers and employees; 5. provide combined single limits of liability for bodily injury and property damage of not less than $500,000 for each occurrence or the equivalent, for each motor vehicle used by the holder; 6. have a provision requiring the insurance company to pay every claim on a first- dollar basis; and 7. not contain bodily injury exclusions. 5-5 EXHIBIT"A"TO ORD. NO. 2007-15 Page 68 of 118 B. Aggregate limits of liability are prohibited. C. A holder may self-insure if the Administrator determines that the holder can furnish ww� 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 woo 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 thirty days after the notice is served. D. Insurance required by this section shall not be obtained from an assigned risk pool. E. No person with any direct or indirect ownership interest in the holder's courtesy vehicle service may have any operational control, direct or indirect, in any insurance company that provides insurance required by this section to the courtesy vehicle service. For purposes of this subsection, "operational control" means holding any management position with the insurance company (including, but not limited to, the chief executive officer, the president, any vice-president, or any person in a decision- making position with respect to insurance claims) or having the right to control the actions or decisions of any person in such a management position in the insurance company. II. If a courtesy vehicle is removed from service, the holder shall maintain the insurance coverage required by this section for the vehicle until the Administrator receives satisfactory proof that all evidence of operation as a courtesy vehicle has been removed from the vehicle, and that the vehicle has in fact been removed from service. bow III. Operating authority shall not be granted or renewed unless the applicant or holder furnishes the Administrator with such proof of insurance as the Administrator considers necessary to determine whether the applicant or holder is adequately insured under this section. IV. A copy of documents establishing compliance with insurance requirements shall be on file with the Administrator at all times, in a manner established by the Administrator. V. Failure to maintain minimum insurance standards, or failure to keep proof of insurance on file with the Administrator, shall result in the immediate suspension of the holder's operating authority. If an operating authority is suspended for failure to maintain insurance or to keep on file proof of insurance, the permit shall not be reinstated until satisfactory proof of insurance meeting minimum requirements is submitted to and confirmed by the Administrator. A. A person commits an offense if the person operates a courtesy vehicle service while the person's operating authority is suspended under this subsection, whether or not the action is appealed. B. A fee for reinstatement of an operating authority after a suspension under this subsection shall be in accordance with the Schedule of Charges. VI. If a holder does not obtain new insurance within forty-five days after the holder's insurance is canceled, the Administrator may revoke the holder's operating authority. ado 5-6 EXHIBIT"A"TO ORD. NO. 2007-15 Page 69 of 118 Section 2-3. Application for Issuance, Renewal, or Amendment of Operating Authority To request issuance, renewal, or amendment of an operating authority, a person or holder shall submit a written application with any fees required in a manner established by the Administrator. The Administrator may request a person or holder to provide such information as the Administrator considers necessary for the implementation and enforcement of this chapter, for the protection of the public safety, or to meet any other local, state, or federal laws, rules, regulations, or guidelines. The applicant must be the person who will own, control, or operate the proposed service. I. The Administrator shall establish: A. qualifications and/or criteria for issuing courtesy vehicle service operating authority; B. procedures for renewal of operating authority; and C. procedures for amending operating authority. II. Within forty-five days from the date of receipt of a request for issuance, renewal or amendment of an operating authority, the Administrator shall approve or deny the request. III. The Administrator shall deny issuance of a courtesy vehicle service operating authority if: A. the public convenience and necessity do not require or are not otherwise served by the proposed service; B. the applicant failed to comply with all requirements; C. the applicant or any person holding an ownership interest in the application has been convicted twice, suspended twice, or convicted once and suspended once, of a violation of these Rules and Regulations within the preceding two years; D. the applicant made a false statement as to a material matter in the application for permit; E. the applicant or any person holding an ownership interest in the application has been convicted of a city, state, or federal law that would reasonably tend to indicate that the applicant is not fit to perform a courtesy vehicle service; or F. the applicant has had a courtesy vehicle service operating authority revoked within a two-year period prior to the date of application. Section 2-4. Suspension and Revocation of Operating Authority I. The Administrator may suspend or revoke a courtesy vehicle service operating authority if the Administrator determines that the holder has: A. made a false statement as to a material matter in the application for issuance or renewal of the applicant's operating authority; B. failed to comply with provisions of the Rules and Regulations, a lawful order, or a procedure established by the Administrator; C. failed to comply with the terms and conditions set forth in the operating authority; 5-7 EXHIBIT"A" TO ORD. NO. 2007-15 Page 70 of 118 D. been convicted of a violation of another city, state or federal law or regulation which would reasonably tend to indicate lack of fitness of the holder to perform a courtesy vehicle service; or ammo E. failed to pay all fees required by this chapter in a manner approved by the Administrator. II. The Administrator may suspend a holder's operating authority for a period not to exceed sixty days. At the end of the suspension period, the holder may resume operating at the Airport after providing verification to the Administrator that the deficiency causing the suspension has been corrected by the holder. Failure to correct a deficiency within the time period established by the Administrator may result in revocation of a holder's operating authority. III. A holder whose operating authority has been revoked shall not reapply for an operating authority before the expiration of twenty-four months from the date of revocation or, in the case of an appeal, the date the appeal hearing officer affirms the revocation. Section 2-5. Appeal of Denial, Suspension or Revocation If the Administrator denies issuance, renewal, amendment, suspends, or revokes a courtesy vehicle service operating authority, the action is final unless, within ten days from the date of receiving written notice of the action, the affected applicant or holder files an appeal in accordance with this chapter. Section 2-6. Fees I. All courtesy vehicle service fees shall be established in accordance with the Schedule of Charges. II. Should a holder allow the payment of any fee required under this chapter to become to delinquent, a late payment charge shall be collected in accordance with the Schedule of Charges and/or the holder's operating authority may be suspended or revoked. III. All fees will be paid in a manner established by the Administrator. IV. No refund of fees shall be made. Section 2-7. Advertisement of Courtesy Vehicle Service A person commits an offense if the person advertises or causes to be advertised the operation of a courtesy vehicle service at the Airport that does not have operating authority granted under this chapter,when the advertisement is reasonably calculated to be seen by persons seeking such service at the Airport. II. It is a defense to prosecution under subsection (I) that the person was the publisher of the advertising material and had no knowledge that the service was not permitted under this chapter. Section 2-8. Holder's Records and Reports Each holder shall maintain at a single location such categories of its business records of its service as the Administrator may prescribe. 5-8 EXHIBIT"A" TO ORD. NO. 2007-15 Page 71 of 118 II. The method used in maintaining the records must be approved by the Administrator, and the Administrator may require maintenance of certain records which the Administrator determines necessary for monitoring the activities, operations, service or records of a holder. III. A holder shall maintain a record of the driver of each courtesy vehicle operated under the holder's operating authority. The records shall include the name of each driver who has operated the courtesy vehicle and the dates and times of each driver's operation of the vehicle. IV. A holder shall make such records available for inspection by the Administrator or provide the Administrator with information contained in those records upon request. 5-9 EXHIBIT"A"TO ORD. NO. 2007-15 Page 72 of 118 Section 3 Reserved wow 5-10 EXHIBIT"A"TO ORD. NO. 2007-15 Page 73 of 118 Section 4 Miscellaneous Holder and Driver Regulations Section 4-1. Holder's and Driver's Duty to Comply A holder shall comply with the terms and conditions of the holder's operating authority, lawful orders of the Administrator, the Rules and Regulations, and other laws applicable to the operation of a courtesy vehicle service. It is not a defense to prosecution that the courtesy trip originated in another city. II. 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 the holder's duty under the holder's operating authority and the Rules and Regulations. It is not a defense to prosecution that the trip originated in another city. Section 4-2. Holder's Duty to Enforce Compliance by Drivers A holder shall establish policy and take action to discourage, prevent, or correct violations of the Rules and Regulations, procedures, and lawful orders by drivers who are operating a vehicle under the holder's operating authority. II. A holder shall not allow a driver to operate a vehicle under the holder's operating authority 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, or the lawful orders of the Administrator. Section 4-3. Reserved Section 4-4. Holder's Service Responsibilities A holder shall provide courtesy vehicle service for passengers at the Airport in accordance with service levels and standards approved by the Administrator. II. A holder shall cooperate with the Administrator in all phases of ground transportation operations to provide prompt, efficient, and economical service and shall respond promptly to specific requests by the Administrator for courtesy vehicle service during periods of shortage. III. A holder shall respond to all customer complaints regarding Airport service within ten days from receipt of the complaint and advise the Administrator of any and all action taken in response to the complaint. IV. The Administrator may establish procedures to monitor the service levels of courtesy vehicles at the Airport including, but not limited to the following: A. condition of courtesy vehicle service vehicles; B. constancy of service at the Airport; C. adherence to all Rules and Regulations; D. driver conduct; and E. passenger complaints. 5-11 EXHIBIT"A" TO ORD. NO. 2007-15 Page 74 of 118 Section 4-5. Information to be Supplied Upon Request of the Administrator In addition to any other information required by this chapter, a holder shall submit to the Administrator, pow upon request, the following: a current list of vehicles operating under the holder's operating authority; II. a current financial statement which includes a balance sheet/income statement; III, the names of the current officers, owners, and/or managers of the courtesy vehicle service; and IV. any other information determined necessary for the effective control of courtesy vehicle service at the Airport. Section 4-6. Falsification and Nontransferabilty of Authorization A badge, decal, entry ticket or any other item assigned to one person or vehicle is not transferable to another person, vehicle, or holder. II. A person, holder or driver commits an offense if the person, holder or driver: A. forges, alters, or counterfeits a badge, decal, entry ticket, emblem or any other item required by the Rules and Regulations or other applicable law; B. possesses a forged, altered, or counterfeited badge, decal, entry ticket, emblem or any other item required by the Rules and Regulations or other applicable law; or C. possesses more than one badge, decal, entry ticket, emblem or any other item vow required by the Rules and Regulations or other applicable law, unless authorized by the Administrator. woo 5-12 EXHIBIT"A" TO ORD. NO. 2007-15 Page 75 of 118 Section 5 General Service Rules and Regulations Section 5-1. Regulations for Use of Holding Stands A vehicle is unauthorized on a holding stand if the vehicle is not equipped with a decal issued by the Administrator. II. A vehicle on a holding stand without authorization from the Administrator may be removed from the holding stand and impounded with all towing and storage fees to be paid by the vehicle owner. III. While on duty at the Airport, a driver shall queue only on designated holding stands as authorized by the Administrator. IV. While using a designated holding stand, a driver shall not: A. leave the vehicle except to provide such assistance to a passenger as is reasonably necessary after being engaged, provided the driver remains within the designated holding stand, unless otherwise authorized by the Administrator; B. perform or allow to be performed repairs or maintenance on the vehicle; or C. utilize the holding stand while off duty. V. A driver shall: A. remain at a designated holding stand only long enough to load or discharge passengers and then expeditiously progress to the next holding stand, as authorized by the Administrator, or exit the Airport; and B. enter a holding stand only at those times authorized by the Administrator. Section 5-2. Loading and Discharging of Passengers A driver may not transport at the same time a number of passengers exceeding the designated seating capacity of a courtesy vehicle. II. A driver shall load passengers and baggage into a courtesy vehicle only at designated holding stands. III. A driver shall discharge passengers in a manner authorized by the Administrator. Section 5-3 Rental Car Companies No Rental Car Company shall provide a courtesy vehicle service between the terminal areas and the Consolidated Rental Car Facility. No Rental Car Company shall deliver rental vehicles to the terminal areas or accept return of rental vehicles at the terminal areas, except as expressly permitted in writing by the Administrator. 5-13 EXHIBIT"A" TO ORD. NO. 2007-15 Page 76 of 118 II. The operator of a Courtesy Vehicle or Contract Courtesy Vehicle picking up and dropping off persons at the Airport on behalf of an Off-Airport Rental Car Company shall pick up and drop off those persons only at the Consolidated Rental Car Facility and at such point or points at or within the Consolidated Rental Car Facility as are designated by the Administrator, except as otherwise expressly permitted in writing by the Administrator. WItit Section 5-4. Cruising A person commits an offense if the person engages in cruising at the Airport. It is a defense to prosecution if a driver: has a passenger to be discharged at the terminal or hotel; II. has trip authorization by the Administrator; or III. is in the process of leaving the Airport by the most direct route. Section 5-5. Solicitation of Passengers A person commits an offense if the person: A. solicits or attempts to solicit passengers; or B. accepts payment from a driver, holder, or person in return for giving preferential treatment in directing passengers to the driver's or holder's courtesy vehicle service. II. It is a defense to prosecution for a violation of this subsection if the owner of the courtesy mum vehicle service has made a contractual agreement or other prior arrangement with the management of the other business and has been approved by the Administrator. wry Section 5-6. Conduct of Driver A driver shall: act in a reasonable, prudent and courteous manner; II. maintain a sanitary and well-groomed appearance; III. not respond to a dispatched call assigned to another driver or company; IV. not consume, possess or be under the influence of: A. any alcoholic beverage; B. any controlled substance; or C. any substance that could adversely affect the driver's ability to operate a motor vehicle; V. not monitor or possess equipment to monitor transmissions of a courtesy vehicle service company other than the holder under whose operating authority the driver is operating; VI. not interfere with the Administrator in the performance of the Administrator's duties; woo 5-14 EXHIBIT"A" TO ORD. NO. 2007-15 Page 77 of 118 VII. not gather, congregate, or otherwise obstruct entrances or passageways of any terminal, hotel, Airport building, holding stand, or Airport roadway in a manner that impedes the movement of a person or vehicle; VIII. comply with lawful orders of the Administrator issued in the performance of the Administrator's duties; IX. not deposit any bottle, can, trash, debris, junk, food, or other object around any holding stand, building or Airport roadway except in an authorized trash receptacle; and X. not file a false report or make a false statement to the Administrator. Section 5-7. Return of Passenger's Property Upon finding property in a courtesy vehicle left by a passenger, the driver shall comply with the procedures established for lost property by the holder under whose operating authority the driver operates. Section 5-8. Not-in-Service Vehicles Each courtesy vehicle operated on the Airport is presumed to be on duty and ready to serve the general public. II. The Administrator shall establish a procedure whereby a driver will indicate that the driver and the driver's vehicle are not in service. If a driver is operating a vehicle that is not in service and does not intend to provide courtesy vehicle service at the Airport, the driver shall comply with the procedure established by the Administrator. III. A driver who is operating a vehicle that is not in service shall not queue the vehicle on or within five hundred feet of a holding stand or along or in the one-hour parking zones of the Airport roadways and parking lots unless authorized by the Administrator. 5-15 EXHIBIT"A"TO ORD. NO. 2007-15 Page 78 of 118 Section 6 Reserved wow WOO .rp 5-16 EXHIBIT"A"TO ORD. NO. 2007-15 Page 79 of 118 Section 7 Vehicle Standards and Inspection Section 7-1. Standards The Administrator may establish standards concerning safety, condition, age, emissions, appearance, equipment, signs, and markings for vehicles operated in a courtesy vehicle service. Section 7-2. Inspection The holder of a courtesy vehicle service operating authority shall maintain all courtesy vehicles used in the service in a safe mechanical condition and shall maintain the interior and exterior of the vehicles in good repair. II. The holder shall have each vehicle to be used in a 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, condition, age, appearance, equipment, signs and markings, and compliance with all state and federal laws including those regulating emission of air contaminants. A. A holder, owner, or driver shall make a courtesy vehicle available for inspection when ordered by the Administrator. B. If a holder, owner or driver fails to make a courtesy vehicle available for inspection or if the Administrator determines that a courtesy vehicle is not in compliance with the Rules and Regulations, the Administrator may order the courtesy vehicle removed from service until it is made available for inspection and/or brought into compliance. C. If the Administrator determines that inspection of the mechanical condition or safety equipment of a vehicle by a certified mechanic or technician is necessary, the holder, owner, or driver shall pay the cost of the inspection. III. The fee for each inspection by the Administrator of each vehicle operated under a holder's operating authority shall be established in accordance with the Schedule of Charges. IV. The Administrator shall designate the time and place for annual inspection of courtesy vehicles operated under the holder's operating authority. If the Administrator determines that a courtesy vehicle should be inspected by a third party, the applicant or holder shall bear the reasonable cost of inspection. V. A holder may contract for maintenance but shall be responsible for assuring that all courtesy vehicles operated under the holder's operating authority are maintained in safe operating condition. VI. The Administrator may order a courtesy vehicle be removed from service any time the courtesy vehicle falls below standards established by the Administrator. VII. The owner of a courtesy vehicle authorized to operate in a courtesy vehicle service shall notify the Administrator of any change in ownership of the vehicle within ten business days of the change. 5-17 EXHIBIT"A"TO ORD. NO. 2007-15 Page 80 of 118 VIII. The holder or owner shall notify the Administrator of any courtesy vehicle removed from service under the holder's operating authority, and shall be responsible for removing from the vehicle any decals that would distinguish the vehicle as a courtesy vehicle. Section 7-3. False Representation A person commits an offense if the person: represents that a vehicle is a courtesy vehicle if the vehicle is not in fact a courtesy vehicle authorized to operate at the Airport; or I I. operates a vehicle at the Airport that is not a courtesy vehicle in a courtesy vehicle service if the vehicle is marked, painted, advertised, or equipped in a way that is likely to result in mistaking the vehicle for a courtesy vehicle. Section 7-4. Decals The holder, owner, or driver of each courtesy vehicle shall obtain from the Administrator, after passing inspection, an authorization decal indicating the vehicle's authority to operate at the Airport. The decal must be attached to each vehicle in a manner and location approved by the Administrator. The decal is the property of the Airport. The fee for a decal shall be charged in accordance with the Schedule of Charges. I I. The Administrator may cause a decal to be removed from a vehicle which at any time fails to meet the standards for appearance, condition, age, safety or equipment. The fee for reissuance of a decal which has been removed, lost, or stolen shall be established in accordance with the Schedule of Charges. III. A person commits an offense if the person: wow A. operates a courtesy vehicle 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 courtesy vehicle at the Airport; C. queues a vehicle on a designated holding stand as authorized by the Administrator with an expired decal or with no decal affixed to it; D. interferes with the Administrator in the removal of the decal; E. covers, conceals or attempts to cover or conceal the decal; F. forges, alters, or counterfeits a decal required by this chapter; or G. possesses a forged, altered, or counterfeited decal required by this chapter. ems wow 5-18 EXHIBIT"A" TO ORD. NO. 2007-15 Page 81 of 118 Section 7-5. Equipment It is the responsibility of the holder, owner, and/or driver of a courtesy vehicle to ascertain the following equipment is in, on, and/or operable for each courtesy vehicle operated: A. an air conditioner; B. a heater; C. a fire extinguisher (minimum one quart capacity) located within the driver's reach; D. evidence of insurance; E. decal(s) required by this chapter; F. any other equipment required to comply with all federal and state motor vehicle laws; and G. any other special equipment that the Administrator determines to be necessary. II. All courtesy vehicles and all equipment in the courtesy vehicles must comply with all applicable federal and state motor vehicle safety standards. III. All temporary courtesy vehicles must comply with the requirements of this section and any other standards established by the Administrator. 5-19 EXHIBIT"A"TO ORD. NO. 2007-15 Page 82 of 118 Section 8 Enforcement Section 8-1. Authority to Inspect The Administrator may inspect a courtesy vehicle service operating at the Airport to determine whether the service complies with the Rules and Regulations or other applicable laws. Section 8-2. Removal of Evidence of Authorization When a holder's operating authority is suspended, revoked, or denied or whenever a vehicle fails to pass inspection, the Administrator may remove or require the surrender of all evidence of authorization as a holder or courtesy vehicle including, but not limited to, removal or surrender of operating authority and/o r decals. Section 8-3. Assistance by Department of Public Safety Upon specific request of the Administrator, officers of the Department of Public Safety may assist the Administrator in the enforcement of the Rules and Regulations. II. A Department of Public Safety officer, upon observing a violation of this chapter or the procedures established by the Administrator, may take necessary enforcement action. Section 8-4. Correction Order If the Administrator determines that a holder is in violation of the terms of the holder's operating authority, the Rules and Regulations, a procedure established by the mom Administrator, a lawful order of the Administrator, or other law, the Administrator shall 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 may order the holder to immediately cease use of the equipment. II. If the Administrator determines that a violation is an imminent and serious threat to the public health or safety, the Administrator may order the holder to correct the violation immediately. If the holder fails to comply, the Administrator shall promptly take or cause to be taken such action the Administrator considers necessary to enforce the order immediately. III. The Administrator shall include in a correction order issued under this section: A. identification of the violation; B. the date of issuance of the correction order; C. the time period within which the violation must be corrected; D. a warning that failure to comply with the correction order may result in suspension or revocation of operating authority, imposition of a fine, or both; and INN E. a statement indicating that the correction order may be appealed to the Executive Director. 5-20 EXHIBIT"A" TO ORD. NO. 2007-15 Page 83 of 118 Section 8-5. Service of Notice 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. II. Notice required under the Rules and Regulations shall be given in the following manner: A. a holder must be personally served with the notice in a manner established by the Administrator, including but not limited to, serving holder's designated representative or by certified United States mail, five-day return receipt requested, to the holder's designated representative; or B. a driver operating under a holder's operating authority must be personally served by the Administrator, including but not limited to, serving holder's designated representative for the driver by certified United States mail, five-day return receipt requested. III. A person operating in violation of these Rules and Regulations, other than a driver or holder permitted under this chapter, may be personally served by the Administrator or by certified United States mail, five-day return receipt requested. IV. 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. Section 8-6. Appeals If the Administrator denies issuance or renewal of operating authority, suspends or revokes operating authority, or issues a correction order, the action is final unless, within ten days from the date of receiving the written notice of the action, the affected applicant or holder files an appeal, in writing,with the Executive Director specifying the reasons for the appeal. II. The Executive Director shall establish an appeal hearing procedure that will give the appealing party an opportunity to present evidence and make argument. The formal rules of evidence do not apply to an appeal hearing under this section, and the ruling shall be based on a preponderance of evidence presented at the hearing. III. The decision rendered through the appeal hearing procedure is final. Section 8-7. Criminal Offenses A person commits an offense if the person violates or attempts to violate a provision of this chapter applicable to the person. A culpable mental state is not required for the commission of an offense under this chapter unless the provision defining the conduct expressly requires a culpable mental state. A separate offense is committed each time an offense occurs. An offense committed under this chapter is punishable by imposition of a fine not to exceed the maximum allowable by law. 5-21 EXHIBIT"A"TO ORD. NO. 2007-15 Page 84 of 118 II. Prosecution for an offense under subsection (I) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. • Section 8-8. Administrative Fines ,„ The Administrator or Executive Director shall have the authority to levy an administrative fine against a holder, owner or driver who violates any provision of the Rules and Regulations. II. The fines shall be established in accordance with the Schedule of Charges, as amended. III. Delinquent or past due fines shall be cause for the Administrator or Executive Director to immediately suspend any permit, operating authority, or written authorization of any holder, owner, or driver until such fines are paid in full, or take any other legal action deemed necessary to recover delinquent or past due fines. .ow two 5-22 EXHIBIT"A"TO ORD. NO. 2007-15 Page 85 of 118 Chapter 6 Environmental Rules & Regulations Section 1. Control of Introduction of Pollutants into Sanitary Sewers. Definitions A. Dallas-Fort Worth International Airport Board herein sometimes called "Board" means the(11) persons appointed to operate and establish policy for the 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 effective as of April 15, 1968. B. Airport means the Dallas-Fort Worth International Airport situated in Dallas and Tarrant Counties. C. Pollutants mean any one or more of the chemical substances set forth in Appendix II attached hereto which is a list promulgated by the United States Environmental Protection Agency. D. Trinity River Authority herein sometimes called "Authority" is an agency of the State of Texas created by Article XVI, section 59, of the Texas Constitution. E. 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. F. Nondomestic Sources means the places where sanitary sewer waste originates other than structures built primarily for human habitation. G. Plumbing Facilities means all of the installations in nondomestic structures which provide for the entry of water and the exit of waste water. H. Executive Director means the Chief Executive Officer of the Board appointed pursuant to section 8 of the 1968 Contract and Agreement between the Cities. I. Sanitary Sewer System means all pipes, sewerage installations and all other facilities for the conveyance and treatment of domestic waste water. J. 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. K. Publicly Owned Treatment Works herein sometimes called "POTW" means a sewer treatment plant owned by the State, municipality or any agency of these two entities. L. Domestic Waste Water (sanitary sewerage) means liquid and water-carried waste discharged from sanitary conveniences of dwellings, business buildings, institutions and the like, including properly shredded garbage. M. Industrial Wastes means liquid wastes from industrial processors as distinct from wastes in domestic waste water. 6-1 Effective July 9,2001 EXHIBIT"A" TO ORD. NO. 2007-15 Page 86 of 118 N. Industrial User (IU) means any person, 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. O. Significant Industrial User (SIU) means 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: 1. average industrial waste water discharge rate greater than 50,000 gpd; 2. BOD and/or suspended solid concentrations in industrial waste water greater than 250 mg/1; and 3. industrial category regulated by National Pretreatment Standards as promulgated by the United States Environmental Protection Agency. II. 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 Appendix II hereto, into any opening, sink, basin, drain, toilet bowl, water closet, urinal or other receptacle which enters or is connected to any part of the sanitary sewer system of the Airport. In the event that the listing of the pollutants and/or the percentages allowable shown in Appendix II should be changed by the United States Environmental Protection Agency, its successor or alternate agency, then such change shall automatically become effective when the change or new list is physically attached to the original of this section and that portion so altered shall be considered rescinded and repealed. III. 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 attached application, Appendix III hereto. The Board shall provide a copy of the permit application to the Authority within thirty(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 the one shown on Appendix IV attached hereto. Said Permit to Discharge shall be required of all Sills before said user will be allowed to discharge industrial wastes into the Sanitary Sewer System. The Board shall forward a copy of the permit to the Authority. IV. The Board shall require Sills and lUs to comply with applicable Federal Categorical Pretreatment Standards as well as any applicable State and local standards. V. 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. VI. Dilution as a means of reducing pollutant concentrations in a SIU's waste stream shall not be allowed. VII. The Board's Building Official or his designee shall be authorized to enter all premises of all tenants (including all lUs and SIUs) at any reasonable time to carry out all inspections, surveillance and monitoring procedures necessary to determine compliance with the terms hereof. Such inspectors shall have the right of entry to any premises or property, or any 6-2 EXHIBIT"A"TO ORD. NO. 2007-15 Page 87 of 118 room or compartment, for the purpose of inspecting, sampling and monitoring industrial waste discharges, and reviewing and copying applicable records. The analysis of waste discharges shall be conducted in accordance with EPA-approved procedures as included in 40 CFR 136, Guidelines for Test Procedures for the Analysis of Pollutants. The analysis of any parameter not included in 40 CFR 136 shall be conducted in accordance with procedures established in the 15th edition of STANDARD METHODS FOR THE EXAMINATION OF WATER AND WASTE WATERS, APHA - AWAA - WPCF, 1981. VIII. The Board shall require all lUs 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 reporting required of categorical industries by the EPA. IX. The Board may require !Us and SIUs to pay applicable fees for the following: A. inspection of the premises to determine compliance; B. sampling and testing of industrial waste discharges to determine compliance; C. disconnection/reconnection of service resulting from noncompliance; D. abnormal strength wastes; E. additional costs incurred by the Board or the Authority in transporting or treating wastes; and F. filing, revising or renewing of permit application. X. The Board shall provide public notification to lUs or SIUs for instances of violations. XI. The Board shall deny/revoke permits, disallow/disconnect sanitary sewer service, and seek other available legal and equitable remedies against lUs and SIUs for: A. discharge to Sanitary Sewer System resulting in violation of Authority's discharge permit conditions; B. hazard to health or life of Authority's personnel or uses of receiving waters; C. violation of any applicable law, ordinance or regulation; and D. false information transmitted to approving authority through permit application, monitoring reports, etc. XII. An appeal by the occupant or lessee (including lUs and SIUs) of premises who feels 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. Such appeal shall be a necessary requisite to exhaust the appellant's administrative remedies. Section 2. Penalties That the violation of any provision of this section, where an act or a failure to act is made unlawful or is otherwise prohibited, shall be punishable by a fine not to 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 which a penalty is otherwise fixed by state or federal law, such state or federal law shall govern, if either is exclusive. 6-3 EXHIBIT"A"TO ORD. NO. 2007-15 Page 88 of 118 Chapter 7 Contract Funding Rules and Regulations __ Section 1. Purpose 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 Joint Revenue Bonds of the Board 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 contracts at the Airport, some of which funding is provided by the Board through the 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 the Airport by contractors not under contract directly with the Board, and to provide procedures by which 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 Volume Limitations provided by the Code and the Temporary Regulations. Section 2. Effective Date and Duration 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. The Board expresses its intent to modify or rescind these rules and regulations at such time as it has determined that relevant provisions of section 103(n)(7) of the Code, as interpreted by the Temporary Regulations, has been changed, altered, wow 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 Airport improvements without causing the Joint Revenue Bonds of the Board to be included within the State Private Activity Bond Volume Limitations provided by section 103(n)(7) of the Code. Section 3. Scope These Rules and Regulations are in addition to and not in lieu of any other rule, regulation, policy, law or contract provision relating to procurement activities of the Board. Section 4. Administration of Rules and Regulations These Rules and Regulations shall be administered, under the direction of the Executive Director, by all employees of the Board. The Executive Director, with the advice of the Board's Legal Counsel and the Board's Bond Counsel for Joint Revenue Bond financing, is authorized to develop policies, procedures and practices consistent herewith. Such policies, procedures and practices shall be binding upon all employees, tenants and contractors doing business at or on the Airport. Section 5. Contracts Funded Entirely from Operating Revenues Any Board contract for improvements or additions to the Airport may be let by the Board in accordance with established procurement requirements without further inquiry as to the source of funding, and may relate to the improvement or extension of any properties comprising a part of the Airport. wow 7-1 Effective July 9,2001 EXHIBIT"A"TO ORD. NO. 2007-15 Page 89 of 118 Section 6. Contracts Funded Entirely from the Proceeds of Joint Revenue Bonds I. Subject to the limitation contained in subsection (II) of this section, any Board contract for improvements or additions to the 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. II. 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 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: A. 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 B. 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 depreciation 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 by the Board's Legal Counsel. Section 7. Contracts Funded Partly with Joint Revenue Bonds or Operating Funds and Partly with Funds of a Tenant I. Board contracts otherwise acceptable under established Board procurement procedures and to be funded in part by the proceeds of the Joint Revenue Bonds or Airport operating funds and in part with funds provided by a tenant may be let upon the conditions contained in this section. II. 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: A. 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 B. 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 officer of the custodian or trustee holding such funds. Based upon the information contained in such affidavit, the Board's Legal Counsel 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. Additionally, the Board's Legal Counsel may, but is not obligated to, require the tenant to provide the following: 7-2 EXHIBIT"A" TO ORD. NO. 2007-15 Page 90 of 118 1. 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 payments are derived from the source state, or that the third party will not permit the wo withdrawal of funds held in its custody for the purpose of making improvements ` at the 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 by these Rules and Regulations as specified to it by the Board's Legal Counsel; and 2. in the appropriate case, an election of the type described in section 6(11)(B) has been made. 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 may be approved by the Board's Legal Counsel), and the tenant shall have complied with the requirements thereof. Section 8. Board Contract Funded Entirely by Tenant 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(11) hereof are also followed. II. 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 ome tenant shall have complied therewith. Iwo Section 9. Tenant Contractors No Airport tenant may authorize or direct another, on its behalf, to commence work on the Airport for any improvement or addition to the Airport without first giving 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 6(II)(B) hereof. II. No Airport tenant and no agent or contractor of an Airport tenant may commence work on the Airport on any improvement or addition to the Airport without first obtaining a permit from the Executive Director. III. The permit required in subsection II shall be issued only if the tenant 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(11) hereof. lea 7-3 EXHIBIT"A"TO ORD. NO. 2007-15 Page 91 of 118 Chapter 8 Commercial Activities Section 1. Soliciting 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 3 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. II. A person commits an offense if he sells or offers for sale any article or merchandise on the Airport without a permit, concession or franchise from the Airport Board. III. A person commits an offense if he solicits any business or trade, including transportation of persons or baggage 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 any city through which said business or trade is conducted if lawfully regulated by the ordinances of any such city. IV. It shall be unlawful for a parking company, off-airport parking company, off-airport valet parking company, or a service related to the storing or staging of vehicles, to transport or offer to transport its customers or its customers' vehicles within the boundaries of the Airport without a permit, concession or franchise from the Airport Board. Section 2. Advertising A person commits an offense if he posts, distributes or displays any signs, advertisements, handbill, circular or printed or written matter of a commercial nature at the Airport without a concession or permit granted by the Executive Director. Section 3. Commercial Photography and Moving Picture Production 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. II. 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) business days in advance of the first day sought for photographic or other similar production, 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 organization and, if so, the name and street address thereof; D. if the producing 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; 8-1 Effective November 4,2006 EXHIBIT"A"TO ORD. NO. 2007-15 Page 92 of 118 E. the purpose of the production; F. the date or dates and hours of the production; G. the location(s) proposed for such production; and tme H. the total number and size of production equipment required for the production and total number of personnel. III. The permit will be issued within three (3) business days of receipt of the application; however, the 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. IV. Time, location and manner: When permits are granted, the following rules and standards will apply: A. location: Permittees shall be escorted by Airport Board Personnel at all times and shall only be permitted to conduct the permitted activity in those locations specified in the permit. B. Permits will be issued for a period of not more than thirty (30) days. C. manner of operation: 1. a person may not engage in such production unless he carries such permit granted under this section at all times while conducting production activities. 2. a person conducting production activities hereunder shall, in that connection, obey all applicable state and federal laws and all applicable Rules and Regulations of the Dallas/Fort Worth International Airport Board. Permittees will not be permitted to conduct the activity for which the permit is issued .or a) in Airport roadways, b) inside airline gate departure lounges, c) in areas restricted to airline or Airport personnel, d) in restrooms, e) in premises leased to a concessionaire, f) in stairwells, staircases, elevators or escalators, g) in baggage claim areas, or h) in any area temporarily or permanently restricted for conducting or promoting the production. Section 4. Newsracks A person commits an offense if he sells or distributes any publication on the Airport premises by means of newspaper stand, racks or other similar devices, except by franchise, concession or permit granted by the Executive Director. twitib 8-2 EXHIBIT"A"TO ORD. NO. 2007-15 Page 93 of 118 Section 5. Food Protection and Sanitation This section is intended to provide for the sale of only sound, properly labeled food; to establish sanitary standards for food protection and service by adopting by reference the Texas Board of Health's "Texas Food Establishment Rules" 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 6. Designation of Health Authority 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 7. State Regulations Adopted I. The following statutory provisions are hereby adopted by reference: Texas Board of Health's "Texas Food Establishment Rules" 25 TAC sections 229.161-229.171, 229.173- 229.175; Health and Safety Code, Chapter 431- "Texas Food, Drug and Cosmetic Act"; and Health and Safety Code Chapter 341-"Minimum Standards of Sanitation and Health Protection." II. A certified copy of each rule manual (above) shall be kept on file in the office of the Director of Airport Concessions. Section 8. Definitions All definitions in the "Texas Food Establishment Rules" are hereby incorporated by reference. In addition the following definitions shall be understood. I. Health Authority or Regulatory Authority shall be understood to mean the representatives of any health department or health agency designated by the Airport Board to enforce the provisions herein by resolution of the Airport Board. II. Service of Notice shall mean 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. III. 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. IV. Food Establishment shall mean all places where food or drink are stored, sold, commercially prepared, or otherwise handled, whether offered for sale, given in exchange, or given away for use as food or furnished for human consumption. The location of commercially packaged single portion non-potentially hazardous snack items and wrapped candy sold over the counter, or by vending machine, is excluded. Section 9. Food Permits I. Requirement: A person commits an offense if he operates a food establishment at the Airport without possessing a current and valid health permit issued by the health authority designated by resolution of the Airport Board. II. Posting: A valid permit shall be posted in public view in a conspicuous place at the food establishment for which it is issued. 8-3 EXHIBIT"A"TO ORD. NO. 2007-15 Page 94 of 118 III. Non-transference (Change of ownership): Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business the new business owner will be required to meet current standards as defined herein and State law before a w.. permit will be issued. war IV. Multiple permits:A separate permit shall be required for every type 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 building operating under the same liquor license will not require a separate permit unless potentially hazardous food is being served; and B. establishments with minimal food handling involving limited preparation of potentially 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 potentially hazardous foods will be required to have a separate permit. V. Suspension of permit: The health authority may suspend any permit to operate a food establishment if the operation of the establishment does not comply 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 writing that their permit may be suspended and that they are entitled to a hearing, if a request for hearing is made in writing to the authority within ten (10) days from the date the notice of suspension is received. If no written request for hearing is filed within ten (10) days, 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. ""s VI. Revocation of permit: The health authority may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the health authority in the performance of its duties. Prior to revocation, the health authority shall notify the holder of the permit or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten (10) days following service of such notice unless a written request for a hearing is filed with the health authority by the holder of the permit within the ten (10) day period. If no written request for hearing is filed within the ten (10) days, revocation will be final. VII. Service of notices: Notices shall be served in accordance with the section 8 (II) above. A copy of the notice shall be filed in the records of the health authority and in the office of the Director of Airport Concessions, or to such other person as may be designated by the Airport Board. VIII. Hearings: The hearings provided for in these rules shall be conducted by the health authority 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. Awritten report of the hearing decision shall be furnished to the office of the Director of Airport Concessions and the holder of the permit, license, or certificate. IX. Right 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. ..mow X. Application after revocation: When a revocation of a permit has become final, the holder of too the revoked permit may make written application to the health authority for a new permit. 8-4 EXHIBIT"A"TO ORD. NO. 2007-15 Page 95 of 118 XII. Permit fees: Health permit fees, as established by the health authority, are due and payable directly to the health authority in the amounts and at the times specified by the health authority. Section 10. Inspections I. Pre-operational inspection: The health authority shall inspect any food establishment prior to its beginning operation to determine compliance with these rules. II. On-going operations: The health authority shall be entitled to inspect any food establishment at any time without prior notice in order to determine compliance with these rules. Section 11. Food Manager Certification I. 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 Airport Board. A certified manager, or person in charge, must be on duty during all hours of operation of any nonexempt food service 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. Only one certified manager, or person in charge, shall be required to be on duty during all hours of operation at each hotel. II. Manager's certification: Upon written application and presentation of 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 authority shall constitute cause for revocation of that manager's certification. Whenever the food service operator holding the manager's certificate terminates employment, is terminated, or is transferred to another food establishment, the person owning, operating or managing the food establishment shall be allowed sixty (60) days from the date of termination or transfer of the certificate holder, to comply with this section. III. Exemptions from certificate requirement: Temporary food establishments and persons participating as volunteer food handlers performing charitable activities for periods of fourteen (14) days or less may be exempted from the requirement for manager's certificate. Exemptions are within the discretion of the health authority. Section 12. Options Notwithstanding the provisions of section 9 (IV) and section 11 (I), which provide for grouping of food establishments under one permit, and one certified manager for food establishments under common ownership and operation, each business owner shall have the option to waive the grouping provisions and obtain one permit for each food establishment or temporary food establishment, and/or to maintain one certified manager, or person in charge, for each food establishment location. Section 13. reserved 8-5 EXHIBIT"A" TO ORD. NO. 2007-15 Page 96 of 118 Section 14. Public Swimming Pool and Spa Permit Program Inspections Intent This section is intended to provide for pool safety and sanitation and to establish sanitary standards for public swimming pools and spas by adopting by reference the Texas Minimum Standards of Sanitation and Health Protection Measures and Design Standards for Public Swimming Pool Construction by requiring a permit for operation of public swimming pools and/or public spas. " ` Section 15. Designation of Health Authority 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 16. State Regulations Adopted The following statutory provisions are hereby adopted by reference: Texas Department of Health Minimum Standards of Sanitation and Health Protection Measures, Chapter 341, Subchapter D, Section 341.064 and Design Standards for Public Swimming Pool Construction, 25 TAC, Chapter 337, Section 337.71 through 337.96. II. A certified copy of each rule manual (above) shall be kept on file in the office of the Director of Airport Real Estate. Section 17. Definitions All definitions in the Texas Minimum Standards and Health Protection Measures and Design Standards for Public Swimming Pool Construction are hereby incorporated by reference. In addition the following definitions shall be understood. Health Authority or Regulatory Authority shall be understood to mean the representatives of any health department or health agency designated by the Airport Board `" ` to enforce the provisions herein by resolution of the Airport Board. II. Service of 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. III. 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. IV. Public Swimming Pool shall mean an artificial body of water, including a spa, maintained expressly for public recreational purposes, swimming and similar aquatic sports or therapeutic purposes. Section 18. Public Swimming Pool and Spa Permits Requirement: A person commits an offense if he operates a public swimming pool and/or public spa at the Airport without possessing a current and valid health permit issued by the health authority designated by resolution of the Airport Board. II. Posting: A valid permit shall be posted in public view in a conspicuous place at the public swimming pool and/or public spa. III. Non-transference (Change of ownership): Permits issued under the provisions of this article are not transferable. Upon change of ownership of a business the new business owner will be required to meet current standards as defined herein and State law before a wok permit will be issued. 8-6 EXHIBIT"A" TO ORD. NO. 2007-15 Page 97 of 118 IV. Separate permits: A separate permit shall be required for every public swimming pool and/or public spa, whether situated in the same building or at a separate location. V. Suspension of permit: The health authority may suspend any permit to operate a public swimming pool and/or public spa if the operation of the establishment does not comply with the requirements of these Rules and Regulations, State laws or the operation of the 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 writing that their permit may be suspended and that they are entitled to a hearing if a request for hearing is made in writing to the authority within ten (10) days from the date the notice of suspension is received. If no written request for hearing is filed within ten (10) days, 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, use of the public swimming pool and/or public spa shall immediately cease. VI. Revocation of permit: The health authority may, after providing notice and an opportunity for a hearing, revoke a permit for serious or repeated violations of any of the requirements of these rules or for interference with the health authority in the performance of its duties. Prior to revocation, the health authority shall notify the holder of the permit or the person in charge, in writing of the reason for which the permit is subject to revocation and that the permit shall be revoked at the end of ten (10) days following service of such notice unless a written request for a hearing is filed with the health authority by the holder of the permit within the ten (10) day period. If no written request for hearing is filed within the ten (10) days, revocation will be final. VII. Service of Notices: Notices shall be served in accordance with the section 17 (II) above. A copy of the notice shall be filed in the records of the health authority and in the office of the Director of Airport Real Estate, or to such other person as may be designated by the Airport Board. VIII. Hearings: The hearings provided for in these rules shall be conducted by the health authority 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. Awritten report of the hearing decision shall be furnished to the office of the Director of Airport Real Estate and the holder of the permit, license, or certificate. IX. Right 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. X. 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. XI. Permit fees: Health permit fees, as established by the health authority, are due and payable directly to the health authority in the amounts and at the times specified by the health authority. Section 19. Inspections Pre-operational inspection: The health authority shall inspect any public swimming pool and/or public spa prior to its beginning operation to determine compliance with these rules. II. On-going operations: The health authority shall be entitled to inspect any public swimming pool and/or public spa at any time without prior notice in order to determine compliance with these rules. 8-7 EXHIBIT"A"TO ORD. NO. 2007-15 Page 98 of 118 Section 20. Public Pool/Spa Manager Certification Requirement: A person commits an offense if he operates a public swimming pool and/or ,,,,, spa at the Airport without a manager or person in charge, who possesses a valid and current pool/spa manager's certificate or equivalent, approved by the health authority pr designated by resolution of the Airport Board. Pool and/or spa managers shall have at " least one certified pool manager employed to maintain the pools/spas per location. II. Manager's certification: Upon written application and presentation of evidence of satisfactory completion of a pool/spa manager's course, equivalent training or examination as approved by the health authority, the health authority shall issue a pool/spa manager's certificate valid for one (1) year from the date of training or evaluation unless sooner revoked. Suspension or revocation of an establishment's health permit by the health authority shall constitute cause for revocation of that manager's certification. Whenever the public pool/spa manager holding the certificate terminates employment or is terminated or transferred, the business shall be allowed sixty (60) days from this termination or transfer date to provide a new certificate holder. III. This requirement is applicable even if pool maintenance operations are contracted to an outside company. IWO ww 8-8 EXHIBIT"A"TO ORD. NO. 2007-15 Page 99 of 118 Chapter 9 Procedures Section 1. 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 the 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. Section 2. Airport Security I. 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 Airport shall be vested in the Board and in the police force and such health officers as may from time to time be duly appointed and commissioned as such officers by the Board. II. Peace Officers. The Executive Director, or the person, officer or employee designated by him shall have the authority to appoint peace officers for specific duties at the Airport upon the following conditions: A. the ability, background, moral character, experience and other pertinent information relating to each applicant for such position shall be investigated by the Director of the Department of Public Safety of the Airport Board. Such investigation may be conducted as deemed necessary and any questionnaires or informational forms may be required to be completed by the applicant prior to appointment; B. the duties and training of peace officers shall be as prescribed by the Director of the Department of Public Safety, who may require any and all necessary written or oral reports on a periodic basis from such peace officers. The required period of training for such peace officers shall not be less than prescribed by the Texas Commission on Law Enforcement Officer Standards and Education; C. the appointments of peace officers by the Executive Director shall be made in conformance with all applicable laws, ordinances and administrative rules relative thereto; and D. the appointments of peace officers shall be revokable by the Executive Director upon the recommendation of the 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 Board may from time to time adopt certain additional resolutions, rules, regulations and orders which it deems to be necessary to the maintenance and promotion of the peace, good government and welfare of the 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 Transportation Code Chapter 22, and such rules, regulations and orders shall not be construed as an 9-1 Effective July 9,2001 EXHIBIT"A"TO ORD. NO. 2007-15 Page 100 of 118 attempt to waive or set aside any provisions 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 Board shall prevail and be effective within the ,mow boundaries of the Airport, but not otherwise. wow Section 4. Adoption Procedures for Rules, Regulations and Orders with Penal Provisions Duly certified copies of all rules, regulations and orders of the Board pertaining to the subjects mentioned in section 3, and prescribing penalties for violations, shall be forwarded by the Executive Director to the chief administrative officer of the Cities of Dallas and Fort Worth to adopt the Code; and the duly authorized and commissioned peace officers or other enforcement officers of the Board shall thereafter be authorized to file cases arising thereunder in such municipal courts, in addition to any other convenient and proper forum. s r IMO owe 9-2 EXHIBIT"A"TO ORD. NO. 2007-15 Page 101 of 118 Chapter 10 Saving, Severability and Penalties Section 1. Catchlines of Sections Catchlines of the sections of this Code are intended as mere catchwords to indicate the general contents of the 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, subsections, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, subsection or section of this Code shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, subsections and sections of this Code, since the same would have been enacted without the incorporation in this Code of any such unconstitutional phrase, clause, sentence, subsection or section. Section 3. Penalty, Continuing Violations The violation of any provision of this Code where an act or a failure to act is made unlawful or is otherwise prohibited, shall be punishable by a fine: A. not to exceed $500.00; B. not to exceed $2,000.00 if the provision violated governs fire safety, or public health and sanitation, including dumping of refuse; or C. fixed by State law if the violation is one for which the State has fixed a fine. II. A person violating a provision of this Code is guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted, unless otherwise provided. 10-1 Effective July 9,2001 EXHIBIT"A"TO ORD. NO. 2007-15 Page 102 of 118 Appendix I Speed Limit 010 Street Direction Hundred Block (Mph) North Remote Parking wow Employee Loop Rd. N & S 1600 - 1800 S 30 Express North Public Loop Rd. N & S 1700 - 1800 S 20 A Public Loop Rd. N & S 2100 S 20 A Upper Level Rd. N & S 2000 - 2200 S 15 A Lower Level Rd. N & S 2000 - 2200 S 15 B Public Loop Rd. N & S 2100 S 20 B Upper Level Rd. N & S 2000 - 2200 S 15 B Lower Level Rd. N & S 2000 - 2200 S 15 C Public Loop Rd. N & S 2300 - 2400 S 20 C Upper Level Rd. N & S 2300 - 2400 S 15 C Lower Level Rd. N & S 2300 - 2400 S 15 D Service Level Rd. N & S 2275 - 2475 S 15 D Arrivals Level Rd. N & S 2325 - 2475 S 15 D Departures Level Rd. N & S 2325 - 2475 S 15 min D Recirculation Rd. N & S 2350 - 2475 S 15 tkomili E Public Loop Rd. N & S 2600 S 20 E Upper Level Rd. N & S 2500 - 2700 S 15 E Lower Level Rd. N & S 2500 - 2700 S 15 Express South Public Loop Rd. N & S 2600 S 15 South Remote Parking Public Loop Rd. N & S 2900 - 3000 S 20 South Remote Parking Employee Loop Rd. N & S 2900 - 3100 S 30 North Remote Carousel N & S 1600 - 1700 S 15 Connector Rd. South Remote Carousel N & S 3050 - 3100 S 15 Connector Rd. East Airfield Dr. N & S 2300 - 3400 S 45 South Airfield Dr. E & W 1800 - 2900 E 45 West Airfield Dr. N & S 1600 - 3400 E 45 MO North Airfield Dr. E & W 1400 - 2875 E 45 wow A-1 Effective April 8,2005 EXHIBIT"A" TO ORD. NO. 2007-15 Page 103 of 118 Speed Limit Street Direction Hundred Block (Mph) North Airfield Dr. E & W 2875 - 3000 E 35 North Service Rd. N 1300 - 3250 S 35 North Service Rd. N 3250 - 3900 N 45 South Service Rd. S 1300 - 1750 S 45 South Service Rd. S 1750 - 3825 S 35 South Service Rd. S 3825 -4025 S 45 Service Rd. Crossunder 1 E & W 2200 - 2300 E 30 Service Rd. Crossunder 2 E & W 2200 - 2300 E 30 Service Rd. Crossunder 3 E & W 2200 - 2300 E 30 Service Rd. Crossunder 4 E & W 2200 - 2300 E 30 Service Rd. Crossunder 5 E & W 2200 - 2300 E 30 Service Rd. Crossunder 6 E & W 2200 - 2300 E 30 Service Rd. Crossunder 7 E & W 2200 - 2300 E 30 N. International Pkwy. N 300 - 1300 S 55 S. International Pkwy. S 300 - 1300 S 55 N. International Pkwy. N 1300 - 1500 S 30 S. International Pkwy. S 1300 - 1500 S 30 N. International Pkwy. N 1500 - 3400 S 55 S. International Pkwy. S 1500 - 3400 S 55 N. International Pkwy. N 3400 - 3600 S 30 S. International Pkwy. S 3400 - 3600 S 30 N. International Pkwy. N 3700 -4200 S 55 S. International Pkwy. S 3700 - 4200 S 55 International Pkwy. E & W 2200 - 2300 E 30 Crossunder 1 International Pkwy. E & W 2200 - 2300 E 30 Crossunder 2 International Pkwy. E & W 2200 - 2300 E 30 Crossunder 3 International Pkwy. E & W 2200 - 2300 E 30 Crossunder 4 International Pkwy. E & W 2200 - 2300 E 30 Crossunder 5 International Pkwy. E & W 2200 - 2300 E 20 Flyover Bridge 5 A-2 EXHIBIT"A"TO ORD. NO. 2007-15 Page 104 of 118 Speed Limit ,....* Street Direction Hundred Block (Mph) East 9th St. E & W 2800 - 2900 E 30 East 14th St. E & W 2800 - 2900 E 30 East 23th St. E & W 2950 - 3050 W 30 East 26th St. E & W 3000 E 30 East 28th St. E & W 2900 - 3000 E 35 East 32nd St. E & W 3000 - 3100 E 30 East 37th St. E & W 2400 - 2600 E 30 East 38th St. E & W 2300 - 2400 E 30 East 39th St. E & W 2400 - 2600 E 30 North 16th Ave. N & S 2000 - 2100 S 30 North 28th Ave. N & S 900 - 1400 S 30 South 20th Ave. N & S 3400 -4100 S 30 South 22nd Ave. N & S 3200 - 3300 S 30 South 24th Ave. N & S 3800 - 4000 S 30 South 26th Ave. N & S 3600 - 3900 S 35 ,,,e, South 31st Ave. N & S 3100 - 3200 S 30 woo West 17th St. E & W 1100 -1500 E 30 West 19th St. E & W 1400 - 1700 E 35 West 20th St. E & W 1400 - 1700E 30 West 21st St. E & W 1400 - 1600 E 30 West 23rd St. E & W 1500 - 1600E 30 West 27th St. E & W 1500 - 1600E 30 West 31st St. E & W 2200E 30 West 32nd St. E & W 2200 E 30 West 33rd St. E & W 2100 - 2200E 30 Freeport Pkwy. N & S 1500 S 30 Mid-Cities Blvd. E & W 1600 - 1800 E 40 Royal Lane N & S 300 - 800 S 35 Texan Trail N & S 1400 - 1600 S 30 Rental Car Dr. E & W 2200 - 2800 E 35 South Garage Dr. E & W 2400 - 2500 E 30 '"'"'"" WOW A-3 EXHIBIT"A" TO ORD. NO. 2007-15 Page 105 of 118 Speed Limit Street Direction Hundred Block (Mph) Bus Entry/RCC E & W 2200 - 2400 E 30 Bus Exit/RCC E & W 2300 - 2400 E 30 Center Garage Dr. E & W 2500 E 30 North Garage Dr. E & W 2400 - 2500 E 30 Passport Ave. N & S 3600 - 4000 S 35 S. W. Construction Rd. N & S 2550 - 3100 S 20 S. W. Construction Rd. N & S 3100 - 3400 S 35 S. W. Construction Rd. E & W 1800 - 2100E 35 Trade Ave. N & S 800 - 1125 S 30 Regent Blvd. E & W 2575 - 2925 E 30 Regent Blvd. N & S 725 - 925 S 30 Corporate Dr. N & S 750 - 1050 S 30 Bear Creek Ct. N & S 3500 - 3600 S 30 Minters Chapel Rd. N & S 1500 - 1600 S 30 Plaza Dr. E & W 2900 E 30 Carbon Rd. E & W 2400 - 3050 E 45 Carbon Rd. E & W 3050 - 3150 E 30 Glade Rd. E & W 1200 - 1600 E 35 S. Main St. N & S 1600 - 1700 S 30 Esters Blvd. E & W 2700 - 2900 E 30 W. Walnut Hill Ln. E & W 3400 - 3500 S 30 A-4 EXHIBIT"A" TO ORD. NO. 2007-15 Page 106 of 118 Appendix II Maximum Allowable 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 Cyanides 1.000 Fluorides 1.500 Hydrogen Sulfide 0.100 Lead 2.000 Manganese 3.500 Mercury 0.005 Imo Molybdenum 1.000 Nickel 1.500 Phenol 0.005 Selenium 0.020 Silver 0.100 Tin 1.000 Uranyl-lon 5.000 Zinc 2.500 Cyanides or Cyanogen Compounds 0.200 (capable of liberating hydrocyanic gas on acidification) Total Toxic Organics 1.000 ..w A-4 EXHIBIT"A" TO ORD. NO. 2007-15 Page 107 of 118 Appendix III Application for a Permit to Discharge Industrial Wastewater to the Sanitary Sewer Note to Signing Official: Please complete and return this application within 180 days. Signing officials 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 A. General Information 1. Company Name 2. Mailing Address Zip Code 3. Facility Address Phone (address where sewer service is requested) 4. Is company currently in operation at facility address? ['Yes ❑ No Section B. Products or Service Information 1. 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. Number of employees Hours per day of operation Days per week of operation 4. Standard Industrial Code Number (4 digits). 5. List other environmental control permits held at this time. 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 acceptable monitoring station for collecting samples and measuring flows of the industrial wastewater streams prior to discharge to the sanitary sewer. A-5 EXHIBIT"A"TO ORD. NO. 2007-15 Page 108 of 118 Section C. Wastewater Discharge Information 1. Indicate the type and quantity of industrial wastewater by completing the table below: Check Industrial Flow Flow IMO Appropriate Flow Metered Estimated Proposed Box For Avg Daily/ (check (check For New Type Of Maximum if yes) if yes) Industry Wastewater Daily (a) Process Wastewater; Continuous Discharge Batch Discharge (b) Boiler Blowdown (c) Cooling Water Release (d) Plant and imp Equipment Washdown / (e) Other (specify) For each wastewater stream attach a schematic of water flow that depicts the water source, industrial units where water is used and pretreatment units. 2. Wastewater Quality. The applicant must present information on the quality of industrial wastewaters. Samples collected from wastewater streams should be representative of daily operations.Analytical procedures should follow those in Standard Methods for the Examination of Water and Wastewater, APHA-AWWA-WPCF, 14th Edition, 1975. (a) Conventional Pollutants: In the spaces below indicate the average and maximum value of each constituent in the discharge. errs A-6 EXHIBIT"A" TO ORD. NO. 2007-15 Page 109 of 118 Maximum Average Wastewater Constituent Value Value Biochemical Oxygen Demand (5 day) mg/I Total Suspended Solids mg/I pH pH units Temperature of (b) Priority Pollutant Information: Please indicate by placing an "x" in the appropriate box by each listed 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. Chemical Compound Absent Absent Present Present 1. 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) ( ) ( ) ( ) ( ) 11. Nickel (total) ( ) ( ) ( ) ( ) 12. Selenium (total) ( ) ( ) ( ) ( ) 13. Sliver (total) ( ) ( ) ( ) ( ) 14. Thallium (total) ( ) ( ) ( ) ( ) 15. Zinc (total) ( ) ( ) ( ) ( ) 16. Acenaphtene ( ) ( ) ( ) ( ) 17. Acenaphythylene ( ) ( ) ( ) ( ) 18. Acrolein ( ) ( ) ( ) ( ) 19. Acrylonitrile ( ) ( ) ( ) ( ) 20. Aldrin ( ) ( ) ( ) ( ) 21. Anthracene ( ) ( ) ( ) ( ) 22. Benezene ( ) ( ) ( ) ( ) 23. Benzidine ( ) ( ) ( ) ( ) 24. Benzo (a) anthracene ( ) ( ) ( ) ( ) A-7 EXHIBIT"A"TO ORD. NO. 2007-15 Page 110 of 118 Item Suspected Known Suspected Known No. Chemical Compound Absent Absent Present Present „n, 25. Benzo (a) pyrene ( ) ( ) ( ) ( ) two 26. Benzo (b) fluoranthene ( ) ( ) ( ) ( ) 27. Benzo (g,h,i) perylene ( ) ( ) ( ) ( ) 28. Benzo (k) fluoranthene ( ) ( ) ( ) ( ) 29. A-BHC (alpha) ( ) ( ) ( ) ( ) 30. B-BHC (beta) ( ) ( ) ( ) ( ) 31. D-BHC (delta) ( ) ( ) ( ) ( ) 32. G-BHC (gamma) ( ) ( ) ( ) ( ) 33. Bis (2-chloroethyl) ether ( ) ( ) ( ) ( ) 34. Bis (2-chloroethoxy) methane ( ) ( ) ( ) ( ) 35. Bis (2-chloroisopropyl) ether ( ) ( ) ( ) ( ) 36. Bis (chloromethyl) ether ( ) ( ) ( ) ( ) 37. Bis (2-ethylhexyl) phthalate ( ) ( ) ( ) ( ) 38. Bromodichloromethane ( ) ( ) ( ) ( ) 39. Bromoform ( ) ( ) ( ) ( ) 40. Bromomethane ( ) ( ) ( ) ( ) 41. 4-Bromophenylphenyl ether ( ) ( ) ( ) ( ) 42. Butylbenzyl phthalate ( ) ( ) ( ) ( ) 43. Carbon Tetrachloride ( ) ( ) ( ) ( ) ..e 44. Chlordane ( ) ( ) ( ) ( ) r 45. 4-Chloro-3-methylphenol ( ) ( ) ( ) ( ) 46. Chlorobenzene ( ) ( ) ( ) ( ) 47. Chlorethane ( ) ( ) ( ) ( ) 48. 2-Chloroethylvinylether ( ) ( ) ( ) ( ) 49. Chloroform ( ) ( ) ( ) ( ) 50. Chloromethane ( ) ( ) ( ) ( ) 51. 2-Chloronaphthalene ( ) ( ) ( ) ( ) 52. 2-Chlorophenol ( ) ( ) ( ) ( ) 53. 4-Chlorophenylphenyl ether ( ) ( ) ( ) ( ) 54. Chrysene ( ) ( ) ( ) ( ) 55. 4,4'-DDD ( ) ( ) ( ) ( ) 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 ( ) ( ) ( ) ( ) no 63. 3,3'-Dichlorobenzidine ( ) ( ) ( ) ( ) wok A-8 EXHIBIT"A" TO ORD. NO. 2007-15 Page 111 of 118 Item Suspected Known Suspected Known No. Chemical Compound Absent Absent Present Present 64. Dichlorodifluoromethene ( ) ( ) ( ) ( ) 65. 1,1- Dichloroethane ( ) ( ) ( ) ( ) 66. 1,2- Dichlorethene ( ) ( ) ( ) ( ) 67. 1,1- Dichlorethene ( ) ( ) ( ) ( ) 68. Trans-1.2- Dichloroethene ( ) ( ) ( ) ( ) 69. 2,4- Dichlorophenol ( ) ( ) ( ) ( ) 70. 1,2- Dichloropropane ( ) ( ) ( ) ( ) 71. (Cis Trans)1,3 - Dichloropropene ( ) ( ) ( ) ( ) 72. Dieldrin ( ) ( ) ( ) ( ) 73. Diethyl Phythalate ( ) ( ) ( ) ( ) 74. 2,4- Dimethylphenol ( ) ( ) ( ) ( ) 75. Dimethyl Phthalate ( ) ( ) ( ) ( ) 76. Dicbutyl Phthalate ( ) ( ) ( ) ( ) 77. Dicoctyl Phthalate ( ) ( ) ( ) ( ) 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 11 ( ) ( ) ( ) ( ) 85. Endosulfan Sulfate ( ) ( ) ( ) ( ) 86. Endrin ( ) ( ) ( ) ( ) 87. Endrin Aldehyde ( ) ( ) ( ) ( ) 88. Ethylbenzene ( ) ( ) ( ) ( ) 89. Fluoranthene ( ) ( ) ( ) ( ) 90. Fluorene ( ) ( ) ( ) ( ) 91. Heptachlor ( ) ( ) ( ) ( ) 92. Heptachlor epoxide ( ) ( ) ( ) ( ) 93. Hexachlorobenzene ( ) ( ) ( ) ( ) 94. Hexachlorobutediene ( ) ( ) ( ) ( ) 95. Hexachlorocyclopentadiene ( ) ( ) ( ) ( ) 96. Hexachloroethane ( ) ( ) ( ) ( ) 97. Indeno (1,2.3-cd) Pyrene ( ) ( ) ( ) ( ) 98. Isophorone ( ) ( ) ( ) ( ) 99. Methylene Chloride ( ) ( ) ( ) ( ) 100. Naphthalene ( ) ( ) ( ) ( ) 101. Nitrobenzene ( ) ( ) ( ) ( ) 102. 2-Nitrophenol ( ) ( ) ( ) ( ) A-9 EXHIBIT"A" TO ORD. NO. 2007-15 Page 112 of 118 Item Suspected Known Suspected Known No. Chemical Compound Absent Absent Present Present ,,_ 103. 4-Nitrophenol ( ) ( ) ( ) ( ) 104. N-Nitrosodimethylamine ( ) ( ) ( ) ( ) 105. N-Nitrosodicpropylamine ( ) ( ) ( ) ( ) 106. N-Nitrosodiphenylamine ( ) ( ) ( ) ( ) 107. PCB-1 01 6 ( ) ( ) ( ) ( ) 108. PC B- 1 221 ( ) ( ) ( ) ( ) 109. PCB-1 232 ( ) ( ) ( ) ( ) 110. PCB-1 242 ( ) ( ) ( ) ( ) 111. PCB-1 248 ( ) ( ) ( ) ( ) 112. PCB-1 254 ( ) ( ) ( ) ( ) 113. PCB-1 260 ( ) ( ) ( ) ( ) 114. Pentachlorophenol ( ) ( ) ( ) ( ) 115. Phenanthrene ( ) ( ) ( ) ( ) 116. Phenol ( ) ( ) ( ) ( ) 117. Pyrene ( ) ( ) ( ) ( ) 118. 2,3,7,8-Tetrachlorodibenzo-p-doxin ( ) ( ) ( ) ( ) 119. 1, 1,2,2-Tetrachloroethane ( ) ( ) ( ) ( ) 120. Tetrachloroethene ( ) ( ) ( ) ( ) 121. Toluene ( ) ( ) ( ) ( ) MI 122. Toxaphene ( ) ( ) ( ) ( ) immi 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 ( ) ( ) ( ) ( ) OM wow A-1 0 EXHIBIT"A"TO ORD. NO. 2007-15 Page 113 of 118 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 (Ibs) (lbs/year) (mb/I) (mg/1) A-11 EXHIBIT"A"TO ORD. NO. 2007-15 Page 114 of 118 3. Is your discharge subject to National Pretreatment Standards established under 40 CFR, Chapter 1, Subchapter N. ❑Yes ❑ No .iw 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) 493-5100. 4. For existing significant 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 and/or additional pretreatment is required for applicant to meet pretreatment standards; and b. The shortest schedule by which applicant will provide additional or pretreatment. The com- pletion date in this schedule must not be later than compliance date established for applica- ble pretreatment standard. Applicable Standards Constituent Limit(s) 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, ,mow sand traps, etc.) I 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 indicat- ed herein and do agree to comply with provisions of City Ordinance Signature of Applicant Date Name of Signee (Please Print) Name and phone number of person to contact regarding Permit information. own wow A-12 EXHIBIT"A"TO ORD. NO. 2007-15 Page 115 of 118 Corporate Acknowledgment THE STATE OF TEXAS )( COUNTY OF )( Before me, the undersigned authority, on this day personally appeared of a corporation, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for purposes and considerations therein expressed, in the capacity therein stated and as the act and deed of said corporation. Given under my hand and seal of office on the day of , 20 Notary Public in and for County, Texas My Commission Expires: A-13 EXHIBIT"A" TO ORD. NO. 2007-15 Page 116 of 118 Appendix IV Dallas/Fort Worth International Airport Board Permit to Discharge wasp Industrial Wastewater to the Sanitary 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 Authorized Representative Date Dallas/Fort Worth International Airport Board w aims +rww A-14 EXHIBIT"A" TO ORD. NO. 2007-15 Page 117 of 118 I. Effluent 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 Pollutant or Average Concentration Pollutant Property Maximum Allowable and/or Load Concentration, mg/I mg/i or lb/day 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. II. Monitoring and Reporting A. Permittee shall collect representative samples of the wastewater discharge and analyze these waters for the pollutants indicated in section A. Where feasible, samples shall be obtained using flow proportional composite sampling techniques specified in the applicable Categorical Pretreatment Standard. Where composite sampling is not feasible, grab sampling is acceptable. The permittee shall collect and analyze sample(s) during a period. (number) (interval) B. Permittee shall summarize monitoring information on a copy of the attached "Significant Industrial User Self-Monitoring Report" form. Duplicates of this form shall be submitted during the months of and of each year to: City Engineer City of Arlington with copy to: Pretreatment Program Manager Trinity River Authority of Texas P. 0. Box 240 Arlington, Texas 76010 A-15 EXHIBIT"A" TO ORD. NO. 2007-15 Page 118 of 118 C. Failure to submit any report or information required by this permit shall constitute a violation. D. Any changes in the characteristics of the industrial discharges as a result of modifications to the Imo 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. E. Permittee shall immediately notify the treatment plant manager at (214) 262- 5186 in the event of a slug loading of pollutants as a result of an operational failure of pretreatment facilities or accidental spills. F. Permittee must maintain records of all information resulting from any monitoring activities for a minimum period of three (3) years. Such records will include for all samples: 1. The date, exact place, method, and time of sampling and the names of the person or persons taking the samples; 2. The dates the analysis were performed; 3. Who performed the analysis; 4. The analytical techniques/methods used; and 5. The results of such analysis. Records shall be made available for inspection and copying by the city, or its representatives. G. Compliance Schedule: wow Activity Date H. Permittee is advised that he may need to comply with additional regulations listed as follows: ORM A-16