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Home My WebLink About022004 ORD - 07/26/1994AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 9 AVIATION, ARTICLE II. MUNICIPAL AIRPORTS, SECTION 9-26 SETTING THE DUTIES OF AIRPORT PUBLIC SAFETY OFFICERS. AMENDING SECTION 9-32. TRESPASS UPON RUNWAYS, RAMPS, TAXIWAYS, ETC.; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Code of Ordinances, Chapter 9, Aviation, Article II, Municipal Airports, Section 9-26. Manager and assistants designated as special policemen, is hereby amended to read as follows: Sec. 9-26. policemen. ccction 7 13), Sec. 9-26. Airport Public Safety Officers - Duties and Responsibilities; limitations: /Al The director of aviation and his assistants and public safety officers shall be sworn as special peace officers of the City, as qualified by State law. (b) Airport public safety officers shall be certified by the State as peace officers, aircraft rescue fire fighters, and emergency care attendants. u The director of aviation or his representative shall supervise airport public safety officers. (d) Airport public safety officers, their duties, responsibilities, and jurisdiction, are limited to city airport properties except with the Aviation Director's and/or his representative's prior approval in the event of an aircraft crash and other major catastrophes where the safety of the public is involved. AG5000.404.ajr 022004 gQEim) 2 jg1 The duties, responsibilities, and jurisdiction of airport public safety officers are as follows: (1). To respond to all emergencies on airport properties such as aircraft crashes, fire alarms, first aid requests, disturbances and safety emergencies or hazards to the public. (2). To ensure compliance with the Airport Security Plan and the Airport Certification Manual. To implement, when necessary, the Airport emergency Plan. These documents are all approved by the Federal Aviation Administration. (3). To carry out and enforce all federal guidelines regulations and requirements with regard to airport security and antihiiacking precautions, including lawful searches and seizures. (4). To enforce all applicable federal regulations, state laws and city ordinances, rules, regulations, and orders regulating the operation, management, control, and use of city airport properties, with authority to detain and arrest persons on city airport properties who violate city ordinances, state statutes, or federal statutes. Where the violation is a city code violation, a citation may be issued in lieu of arrest. (5). To preserve the public peace and quiet in and on the city airport properties. SECTION 2. That the Code of Ordinances, Chapter 9, Aviation, Article II, Municipal Airports, Sec. 9-32, Trespass upon runways, ramps, taxiways, etc., is hereby amended to read as follows: SEC. 9-32. TRESPASS UPON RUNWAYS, RAMPS, TAXIWAYS, ETC. It shall be unlawful for any person or vehicle to go onto, upon or across the runways, ramps, taxiways or the service area between such runways, ramps or taxiways at the Corpus Christi International Airport when such person has no legitimate or lawful right to enter such area. The term "legitimate or lawful right" shall apply to those persons authorized to go onto, upon or across such areas by reason of their official duties in connection with the maintenance, inspection or operation of the aircraft, airport or facilities thereon (196G Supp., Sec. 7 19). as set forth below. AG5000.404.ajr T 3 A. Application of Provisions The rules and regulations in Sec. 9-32 apply to all persons on the airport, including premises which are outside the airline terminal building and are leased to and in the exclusive possession of others. Entry of any person into the airport shall be conditioned upon compliance with Sec. 9-32 and the entry shall be deemed an agreement by the person entering to comply therewith. B. All areas of the airport except those areas open to the public are restricted and no person shall enter upon the landing areas, taxiways, ramp areas, aircraft parking and storage areas, or hangars of the airport except: 1. Persons assigned to duty therein: 2. Authorized representatives of an FAA approved Federal Agency: 3. Persons authorized by the Director of Aviation or designee: 4. Passengers under appropriate supervision entering the ramp areas for the purpose of enplaning and deplaning: 5. Persons engaged, or about to be engaged, or having been engaged, in the operation of any aircraft: C. Air Operations Area/Security Identification Display Area - (SIDA) Responsibilities. All persons, including, but not limited to, certificated airline carriers, air cargo operators, fixed base operators, and others engaging in activities at the Corpus Christi International Airport, having control by lease or otherwise, over areas within the air operations area/SIDA or over areas which permit access to the air operations area/SIDA, shall be responsible for the following: a. Controlling access to the air operations area/SIDA, including methods for preventing the entry of unauthorized persons and ground vehicles, through any area over which such person has control: b. Promptly detecting the intrusion or attempted intrusion of unauthorized persons and ground vehicles through controlled areas into the air operations area and promptly notifying an AG5000.404.ajr 4 airport public safety officer, orally either in person or by telephone of such intrusion or attempted intrusion: c. For the purpose of this section, the air operations area means the runways, taxiways, and other areas of the Corpus Christi International Airport which are used for taxiing or hover taxiing, take off and landing of aircraft, including aprons, loading ramps and aircraft parking areas and all areas enclosed by perimeter fencing and structures into which unrestricted access is prohibited. d. For the purpose of this section, the Security Identification Display Area (SIDA) is the area which requires each person to continuously display, on their outermost garment, an airport approved identification medium unless under approved escort. 2. Authorized Persons - Responsibilities. a. Anv person who has authority to enter the air operations area and who permits any person to accompany him or her shall be responsible for ensuring that such person remains accompanied by an authorized person at all times while in the air operations area. b. Any person entering or exiting the air operations area shall ensure that any door or gate through which passage is made is properly closed and secured after such passage and shall promptly notify an airport public safety officer if such door or gate does not close and secure properly. Compliance with this section may be accomplished by notifying the airport public safety officer orally, either in person or by telephone. 3. Penalty. Any person who intentionally, recklessly or negligently fails to discharge the responsibilities set forth in subsections (c)(1), (c)(2), (c)(6), (c)(7), or (c)(8) of this section shall be guilty of a misdemeanor and shall be fined up to five hundred dollars and each day such violation shall continue or be permitted to exist shall constitute a separate offense. AG5000.404.ajr r 5 4. FAA Violation - Responsibility. In any case in which the Federal Aviation Administration assesses a civil penalty against the Corpus Christi International Airport for a violation of Federal Aviation Regulations Part 107, occurring on or through anv area under the control of a person at the Corpus Christi International Airport or as a result of a violation of subsection 2a and 2b of this section, the Corpus Christi International Airport shall be reimbursed by the person whose act or failure to act caused the violation resulting in the civil penalty or by the tenant or person whose employee, agent, servant, or independent contractor caused the violation resulting in the civil penalty. 5. Airport Security Program. All persons, tenants. visitors, and employees of the city are required to comply with all applicable portions of the airport security program as approved by United States Government authorities (Title 14, Code of Federal Regulations, Part 107). Any penalties levied against the city by the FAA as a result of an airport tenant's failure to comply with the airport security program will be assessed against that tenant and that tenant will pay for the full amount of the penalty within 30 days of receipt of city's invoice. 6. No person shall disengage, disable or disconnect any alarm on any door, wall, window or space when such an alarm has been set by the authority of the aviation director or by the tenant exercising contractual or proprietary control. 7. Circumvention of Screening. No person except a person otherwise lawfully exempt from the screening process pursuant to Federal Aviation Regulation Part 107 shall: a. Introduce any item, package, object, or device into a sterile area without first submitting such item, package, obiect, or device to appropriate persons at a screening point controlling entry into such sterile area: b. Before entry into a sterile area, fail to comply with a screening process designed to detect weapons and explosives in compliance with United States Government laws and regulations. AG5000.404.ajr 6 8. Identification Card Display Required. a. No person shall enter into or be in an air operations area. SIDA area. or a sterile area without having displayed to the extent practical on the front outermost layer of his/her garments a valid and current identification card issued by the aviation director or designee and which authorizes bearer access to area he/she is entering or is in. b. It is an affirmative defense to prosecution under this section that the person charged was a police officer. firefighter, or medical personnel responding to a verifiable emergency. c. All persons having been issued an airport identification badge, key, or other media allowing access to the air operations area shall immediately report its loss/destruction to an airport public safety officer. This initial report may be either in person or by telephone and must be supplemented within 24 hours by a written explanation describing the circumstance of the loss/destruction. NO person shall use/display any such media which has been reported lost/destroyed. SECTION 3. If for any reason any section, paragraph. subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction. it shall not affect any other section, paragraph, subsection, clause, phrase, word or provision of this ordinance for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. AG5000.404.ajr/abf That the foregoing ordinance was read for the first time and passed to it second reading on this the ji day of 19 fit` , by the following vote: Mary Rhodes cta V./ Dr. Jack Best CLv» Melody Cooper (1/V/ Cezar Galindo O„, Betty Jean Longoria �h•Y�� That the foregoing ordinance w s pas e,¢ finally on this the 2ko 19�} , by the following vote: Mary Rhodes Dr. Jack Best Melody Cooper Cezar Galindo Betty Jean Longoria alk PASSIM AND APPROVED, this the 19 ATTEST: Edward A. Martin Dr. David McNichols David Noyola Clif Moss read for thers4141cond time and day of 4141 J Edward A. Martin Dr. David McNichols David Noyola Clif Moss day of ,J l., 1 Out - attic MARCOR THE CITYOE CORPUS CHRISTI APPROVED: ch DAY OF `'telrt ite. , 19cm • JAMES R. BRAY, JR., CITY (ATTORNEY sistant Ci y Attorney \fozm.\044 1. 022004 PUBLISHER'S AFFIDAVIT State of Texas, } CITY OF CORPUS CHRISTI County of Nueces } ss: AD# 53934 PO# Before me, the undersigned, a Notary Public, this day personally came Phyllis Smith, who being first duly sworn, according to law, says that she is Secretary of the Corpus Christi Caller - Times, a daily newspaper published at Corpus Christi in said County and State, generally circulated in Aransas, Bee, Brooks, Cameron, Duval, Hidalgo, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak, Nueces, Refugio, San Particio, Victoria, and Webb Counties, and that the publication of NOTICE OF PASSAGE OF ORDINANCE NO. 022004 AMENDING CORPUS CHRISTI CODE OF ORDINANCES, CHAPTER 9, AVIATION, ARTICLE II, MUNICIPAL which the annexed is a true copy, was published in the Corpus Christi Caller -Times on the 1st day(s) of August, 1994. One Times(s) $46.40 Subscribed and sworn to before me this 12th day of August, 1994 4131A Notary Public, Nueces LS:5 WU 91 9f1v h6 v CB/Monday, August 1, 1994 NOTICE OF PASSAGE OF OIDINAMCE N0. 022004 CODE AMETEXPC CORPUS CHRISTI OF CHAPTER 9, AVIATION, AR- TICLE II, MUNICIPAL AIRPORTS, SECTION 9-26, SETTING THE DUTIES OF AIRPORT PUBLIC SAFETY OFFICERS; AMENDING SEC- TION 9-32, TRESPASS IRON RUNWAYS, RAMPS, TAXI- WAYS, ETC.; PROVIDING FOR SEVERANCE; AND PRO- VIDING FOR PUBLICATION. A COPY OF THIS DOCUMENT MAY BE OBTAINED FROM THE CITY SECRETARY'S OF- FICE, CITU HALL, 1201 LEOPARD STREET, CORPUS CHRISTI, TEXAS 78401. The ordinance was pissed and approved by the CRy Coyoc4 of the Cityof WiliChrIed on 6u floy �JWAp, . Ch1Pa C ANANAry City of Corpos MAN 1