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Ord 054-2004 7/6/2004ORDINANCE NO. �5� _ ORDINANCE OF THE CITY' COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, AMENDING CHAPTER 18, ARTICLE II OF THE WICHITA FALLS CODE OF ORDINANCES, MUNICIPAL AIRPORT REGULATIONS; PROVIDING FOR INCLUSION IN THE CODE PROVIDING FOR EMERGENCY PASSAGE„ FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE WAS PASSED WAS OPEN TO THE PUBLIC AS REQUIRED BY LAW. WHEREAS, the safety of airport personnel, passengers and patrons of the Wichita Falls Municipal Airport is of the utmost concern to the City Council; and WHEREAS, unattended vehicles and baggage pose a threat to the security of the airport; and, WHEREAS, in an effort to combine safety with convenience, the establishment of a "No Unattended Vehicles" zone will allow for the convenience of loading and unloading of vehicles at a short distance from the airport terminal, but will prohibit persons from leaving those vehicles unattended; and WHEREAS, the prohibition of unattended baggage will provide for accountability and an added security measure for airport personnel, visitors and passengers. NOW, THEREFORE, BE IT ORDAINED BY THE: CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: SECTION 1. Chapter 18, Article II of the Wichita Falls Code of Ordinances is hereby amended in its entirety to read as follows: "ARTICLE II. MUNICIPAL_ AIRPORT REGULATIONS Sec.18 -1. Permission Required To Conduct Commercial Activities. No person shall use the municipal airport for the purpose of carrying on any commercial activity, other than airport- related activity. The carrying for hire of passengers, freight, express or mail; the instruction in aviation in any of its branches; the conduct of any phase of any aviation activity; the sale of fuel or refreshments; or any other commercial aviation - related purpose, must be by express written permission from the city council. Sec. 18 -2. No Unattended Vehicles Zone; Establishment. (a) The City of Wichita Falls Traffic Engineering Division is authorized to create a "No Unattended Vehicles" zone for the purpose of prohibiting unattended vehicles in specific locations where it has been determined such is necessary to promote a legitimate governmental interest. These zones must be marked with a sign or signs stating "No Unattended Vehicles." The Traffic Engineering Division shall arrange for the marking of all such zones. (b) An unattended vehicle is defined as a motor vehicle that has no human occupants; and for which there are no persons responsible within ten (10) feet of same. (c) A person responsible for a motor vehicle commits an offense if he leaves the motor vehicle unattended in a zone designated by this section. It is a defense to prosecution that the person is assisting infirm and /or disabled passengers, so long as the responsible person does not leave the vehicle unattended for more than ten (10) minutes. (d) Any violation of this section shall constitute a class C misdemeanor, punishable by a fine as set out in Section 1 -14 of the Code of Ordinances of the City of Wichita Falls. Sec. 18 -3. Unattended baggage, prohibited. (a) A person commits an offense if he leaves luggage, baggage, suitcase(s), cases, gear, or other belongings unattended at the Wichita Falls Municipal Airport. An item shall be deemed unattended if the person responsible for the item is not within ten (10') feet of the item. On -duty employees of the Municipal Airport or airlines are exempt from this restriction. (b) Any violation of this section shall constitute a class C misdemeanor, punishable by a fine as set out in Section 1 -14 of the Code of Ordinances of the City of Wichita Falls." SECTION 2. It is the intention of the City Council of the City of Wichita Falls, Texas, that the provisions of this ordinance shall become a part of the Code of Ordinances of the City of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or relettered to accomplish such intention. SECTION 3. Due to the fact that the subject matter of this ordinance affects the public health, safety and welfare of the citizens of the City of Wichita Falls, this ordinance is declared to be an emergency measure, and shall become effective immediately upon its passage. SECTION 4. It is hereby officially found and determined that the meeting at which this ordinance was passed was open to the public as required by law. PASSED AND APPROVED this the 6 th day of July, 2004. b MAYOR q T: City Clerk