HomeMy WebLinkAbout025785 ORD - 06/08/2004AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CHAPTER 9,
AVIATION, SECTION 9-3:2, TRESPASS UPON RUNWAYS,
RAMPS, TAXlWAYS, ETC; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CRIMINAL PENALTIES; PROVIDING FOR
PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That the Code of Ordinances, Chapter 9, Aviation, Section 9-
32, is hereby amended as follows:
Sec. 9-32. Trespass upon runways, ramps, taxiways, otc.
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 as 6et forth below.
(1) Application of provisions. Tho rules and regulations in this section 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 bo conditioned upon compliance with
this section and the entry shall be deemed an agreement by the person entering
to comply therewith.
(2) All areas of tho airport except those areas open to tho 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:
a. Persons assigned to duty therein.
b. Authorized representatives of an FAA approved federal agency.
c. Persons authorized by the director of aviation or designee.
d. Passengers under appropriate supervision entering the ramp areas for the
purpose of enplaning and deplaning.
e. Persons engaged, or about to be engaged, or having been engaged, in the
operation of any aircraft.
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(3) 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 other engaging in activities at the
Corpus Christi International Airport, having control by lease or othen, vise, over
areas within the air operations area/SlDA or over areas which permit aooess to
the air operations area/SlDA, shall be responsible for the following:
1. Controlling access to the air operations area/SlDA, including methods for
preventing the entry of unauthorized persons and ground vehicles, through any
area over which such person has control.
2. 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 airport public safety officer, orally either in person
or by telephone of such intrusion or attempted intrusion.
3. For the purpose of this section, the air operations area means the runways,
taxiways, and other areas of thc 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 acc, ess is prohibited
4. For tho purpose of this section, the security identification display area
(SlDA) is the area which requires each person to continuously display, on their
outermost garment, an airport approved identification medium unless under
approved escort.
b. Authorized persons; responsibilities.
1. Any 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 pcrson remains accompanied by an authorized person at all times
whilc in the air operations area.
2. 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.
c. Penalty. Any person who intentionally, recklessly or negligently fails to
discharge the responsibilities set forth in subsections (3)a., (3)b., (3)f., (3)h., (3)i.
of this section shall be guilty of a misdemeanor and shall bo fined up to five
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hundred dollars ($500.00) and each day such violation shall continue or be
permitted to exist shall constitute a separate offense.
d. FAA violation; responsibility. In any case in which the Federal Aviation
Administration assesses a civil penalty against the violation of Federal Aviation
Regulations F~art 107, occurring on or through any area under tho control of a
per~on at the Corpus Christi International Airport or as a result of a violation of
subsection b.1. and b.2. of this section, tho 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 tho violation resulting in the civil
e. 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 thirty (30) days of receipt of city's invoice.
f. 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.
g. Circumvention of screening. No person except a person otherwise lawfully
exempt from the screening process pursuant to Federal Aviation Regulation I~art
1. Introduce any item, package, object, or device into a sterile area without
first submitting such item, package, object or device to appropriate persons at a
screening point controlling entry into such sterile area.
2. Before entry into a sterile area, fail to comply with a screening proc, ess
designed to detect weapons and explosives in compliance with United States
government law6 and regulations.
h. Identification card display required.
1. No person shall enter into or be in an air operations area, SlDA 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 ho/she
is entering or is in.
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2. 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.
3. All persons having been issued an airport identification badge, key, or other
media allowing access to tho 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 twenty four (2,1)
hours by a written explanation describing the circumstance of the
loss/destruction. No person shall use/display any such media which has been
report lost/destroyed.
Section 9-32. Trespass upon restricted areas of the airport.
(a) Application of provisions The rules and requlations in this section applv to all
persons on anv municipal airport and all premises on airport property,
includinq those areas that are leased to and in the exclusive possession and
under the exclusive control of others. Entry of any person onto the airport
property shall be conditioned upon compliance with this section, and the entry
shall be deemed an aqreement by the person enterinq to comply therewith.
(b) Definitions. The definitions of the terms that follow shall apply to this section:
(1) Air Operations Area (AOA) means all aircraft movement areas, aircraft
parkinq areas, Ioadinq ramps, safety areas, and all other areas, except the
secured area, enclosed bv perimeter fencinq and structures into which
unrestricted access is prohibited at any municipal airport.
(2) Ground vehicle means any vehicle, other than an aircraft, desiqned or
used to transport persons or property from one point to another.
(3) Movement area means the runways, taxiways, and other areas of any
municipal airport which are used for taxiinq or hover taxiinq, air taxiinq,
takeoff, and landin~l of aircraft, exclusive of Ioadinq ramps and aircraft
Darkin¢l areas.
(4) Non-movement area means all other areas of the AOA of any municipal
airport that is not a movement area.
(5) Secured area means any part of any municipal airport where access is
controlled by certain measures required by Title 49, Code of Federal
Requlations, Part 1542, as described in the Airport Security Proqram
approved by the Transportation Security Administration (TSA).
(6) Security Identification Display Area (SIDA) means any part of any
municipal airport in which each person is required to continuously displav,
on the outermost garment and above the waist, an unexpired airport-
approved or airport-issued identification medium, unless under approved
escort.
(7) Sterile area means the areas of the terminal of any municipal airport to
which access is controlled by an aircraft operator or the TSA throu~lh the
screenin~ of persons and properb/.
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d. It shall be unlawful for any person who has been issued an access
device by the Director of Aviation to enter or exit the AOA or secured
area without usinq that device.
e. It shall be unlawful for any person to enter or exit the AOA or secured
area without usin~ the desiqnated access device, unless that person is
beinq escorted by another who has been qiven permission by the
Director of Aviation to be in the AOA or SIDA and who has been qiven
permission by the Director of Aviation to escort him or her.
f. Each person who uses a door or qate to enter or exit the AOA or
secured area shall ensure that the door or qate throuqh which passacle
is made is properly closed and secured after such passaqe. If a door
or clate fails to properly close the person accessinq shall promptly
notify an airport public safety officer if such door or qate does not close
and secure properly. This notification requirement may be
accomplished by notif¥inq the airport public safety officer orally, either
in person or by telephone.
g. Each person who has access to the AOA, secured area, or SIDA shall
remain only in those portions of the AOA, secured area, or SIDA for
which the Director of Aviation has authorized access.
h. Any person who has been issued an airport identification or access
device shall immediately report its loss or destruction to an airport
public safety officer. This initial report may be either in person or by
telephone and must be supplemented within twenty-four (24) hours by
a written affidavit describinq the circumstances of the loss or
destruction.
i. No person shall use or display any airport identification or access
device that has been declared loss or destroyed b¥ the person to
whom it was issued.
j. Any person to whom control or authority over any part of any AOA,
secured area or SIDA has been qranted shall:
(1) Control access to the part of the AOA, secured area, or SIDA over
which he or she has been qiven authority by preventincl the entry of
unauthorized persons and qround vehicles into any part of the
AOA, secured area, or SIDA he or she has been qiven control or
authority, and
(2) Promptly detect the intrusion or attempted intrusion of unauthorized
persons and qround vehicles into the AOA, secured area, or SIDA,
and then promptly notify an airport public safety officer orally, either
in person or by telephone, of such intrusion or attempted intrusion.
k. Any person who has authority to enter the AOA, secured area, or SIDA
and who permits another to accompany him or her shall be responsible
for ensurinq that such person remains accompanied by an authorized
person at all times while in the AOA, secured area, or SIDA.
I. It shall be unlawful for any person to disenqaqe, disable, or disconnect
any alarm on any door, wall, window, or space when such an alarm
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has been set by the authority of the Director of Aviation or by the
person exercisinq contractual or proprietary control.
(2) Sterile Area.
a. It shall be unlawful for any individual to enter the sterile area without
first submittinq to the screeninq and inspection of his or her person and
accessible property, in accordance with the procedures of the TSA or
an aircraft operator's TSA-approved security proqram, unless
otherwise approved by the Director of Aviation or the TSA.
b. It shall be unlawful for any person to introduce into the sterile area, or
@ossess in the sterile area, any item that is prohibited by the TSA for
carria~le aboard an air carrier aircraft.
(3) It shall be an affirmative defense to prosecution under this paraclraph if the
person charqed is an emerqency response official on duty and responding
to an actual or simulated airport emerclenc¥.
(e) Penalty. Any person who intentionally, recklessly, or neqliqentl¥ fails to
discharqe the responsibilities set forth in this section shall be quilty of a
misdemeanor and shall be fined up to five hundred dollars ($500.00). Each
day such violation shall continue or be permitted to exist shall constitute a
separate offense.
(f) TSA or FAA Violation. In any case in which the Transportation Security
Administration or the Federal Aviation Administration assesses a civil penalty
aqainst the City for violation of Transportation Security Reclulations (Title 49,
Code of Federal Requlations, Pads, 1500, et al) or Federal Aviation
Requlations (Title 14, Code of Federal Requlations, Part 139) occurrinc~ on or
throuclh any area under the control of a person at any municipal airport, or as
a result of a violation of this section, the City shall be reimbursed by the
person whose act or failure to act caused the violation resultinq in the civil
penalty or by the tenant or person whose employee, aqent, servant, or
independent contractor caused the violation resultinq in the civil penalty.
SECTION 2. Publication shall be made one time in the official publication
of the City of Corpus Christi by publishing the caption stating in substance the
purpose of the ordinance. This ordinance shall become effective upon such
publication.
$1=-CTION 3. If for any reason any section, paragraph, subdivision,
clause, phrase, word or provision 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, subdivision, 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.
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That the foregoing ~dinance was £ead for the first time and passed to its second
reading on this the 'Z-~ay of I¥"xl~ ,2004, by the following vote:
Samuel L. Ueal, Jr. ~, Rex A. Kinnison ~
Brent Chesney
Javie, D. Colmene,o ~-~_
Henry Garrett
Bill Kelly
Melody Cooper
Jesse Noyola
Mark Scott
That the foregoing ordinance was read for the second time and passed finally on
this the (~h~ day of ,..) L~&~2.~ , 2004, by the fo ow ng vote:
Samuel L. Neal, Jr.
J
Brent Chesney
Javier D. Colmenero
Henry Garrett
Bill Kelly (..~-~,~Z-
APPROVED AND PASSED on this
2004.
Rex A. Kinnison
Melody Cooper
Jesse Noyola
Mark Scott
'~'~(% day of
ATTEST:
Arman~
APPROVED AS TO LEGAL FORM on the /~ day of /'~/
2004.
/
· Burke, Jr. /~ '
LAssistant City Attorneyv
LaurieLA~John Burke\Ordinances~Airpor[ Trespass Ila
State of Texas }
County of Nueces }
PUBLISHER'S AFFIDAVIT
CITY OF CORPUS CHRISTI
Ad # 4920317
PO #
Before me, the undersigned, a Notary Public, this day personally came Diana
Hinoiosa, who being first duly sworn, according to law, says that she is Credit
Manager of the Corpus Christi Caller-Times, a daily newspaper published at
Corpus Christi in said City and State, generally circulated in Aransas, Bee,
Brooks, Duval, Jim Hogg, Jim Wells, Karnes, Kenedy, Kleberg, Live Oak,
Nueces, Refugio, San Patricio, Victoria and Webb Counties, and that the
publication of, NOTICE OF PASSAGE OF ORDINANCE NO. which the annexed
is a true copy, was inserted in the Corpus Christi Caller-Times and on the World
Wide Web on the Caller-Times Interactive on the 14TH day(s) of JUNE, 2004.
$64.50
TWO (2) Time{s}
Credit Manager
Subscribed and sworn to me on the date of
JUNE 15, 2004.
Notary Public, Nueces County, Texas
ROSA MARIA FLORES
Print or Type Name of Notary Public
My commission expires on 04/23/05.
Corpus Christi Caller-Times, Monday, Juqe 14, 2004/D9
NOTICE O~ PA~AGE
OF ORDINANCE NO.
/~/~ C~