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HomeMy WebLinkAbout1998-061P W.W)d t"MIO�.[ ftWartmdn�rceEa. ORDINANCE NO q0 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 3 "AIRPORTS" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE FOR THE SPONSORSHIP OF AIRSHOWS, PROVIDING FOR EXCEPTIONS TO REGULATIONS PROHIBITING THE SALE OF REFRESHMENTS, AEROBATIC FLYING AND SKYDIVING WHEN SUCH ACTIVITIES OCCUR AT AN AIRSHOW, PROVIDING REQUIREMENTS FOR PARTICIPATING IN AIRSHOW, PROVIDING A PENALTY IN THE AMOUNT OF $500 00 FOR VIOLATIONS THEREOF, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE, AND PROVIDING AN EFFECTIVE DATE WHEREAS, unluruted, unscheduled, unplanned and unsupervised acrobatic flying and skydiving at airports constitute hazards which threaten the health and safety of the citizens of the City of Denton utilizing the Denton Municipal Airport, and WHEREAS, limited, planned, scheduled and supervised aerobatic flying and skydiving as part of a City co -sponsored Airshow will promote the Denton Municipal Airport and provide reasonably safe entertainment, and eliminate most hazards such activities pose to the health and safety of the citizens of the City of Denton, and WHEREAS, the City of Denton desires to co-sponsor with the Denton Air Fair Committee an appropriately managed Airshow at the Denton Municipal Airport, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That Chapter 3 "Airports" of the Code of Ordinances is hereby amended by adding a the definition of"Airshow" to Section 3-1 entitled "Definitions" to read as follows Sec.3-1. Definitions Airshow means an a Tneet or activity open to the general public at the Denton Municipal Airport which provides for the observation of planes or helicopters in flight as part of a program of entertainment and may include, but is not limited to, Aerobatic flying and Skydiving SECTION II That Chapter 3 "Airports" of the Code of Ordinances is hereby amended by adding a Section 3-19 entitled "Airshows" to read as follows Sec. 3-20. Airshows. The provisions of Sec 3-5 (8) relating to "refreshments or any other commodities," Sec 3-14 (Aerobatic flying), Sec 3-18 (Lighter -than -air aircraft) and Sec 3-19 (Dropping of objects) to the extent such section relates to a prohibition against "Skydiving," of this chapter shall not apply to Airshows (a) produced by a promoter who has been approved by the City Council or (b) sponsored or co -sponsored by City SECTION III That Chapter 3 "Airports" of the Code of Ordinances is hereby amended by adding a Section 3-21 entitled "Muumum Insurance for Airshow" to read as follows Sec. 3-21. Minimum Insurance for Airshow. It shall be unlawful for any arrshow to be conducted at the Denton Municipal Airport unless insurance coverage is maintained by the Sponsor (Co-sponsors) or Promoter in the following mrmmum amounts (a) Airshow/Airmeet Liability Combined Single Lutut Bodily Injury and Property Damage Liabhlty-$10,000,000 each occurrence (b) Aircraft Liability Air r 1 Bodily Injury Liability, Excluding Passengers 2 Passenger Bodily Injury Liability 3 Property Damage Liability 4 Single Limit Bodily Injury & Property Damage Liability $ 250,000 each person $1,000,000 each occurrence $ 250,000 each person $ 250,000 each occurrence $1,000,000 each occurrence Subsection (b) coverage for Sponsor/Promoter may be waived if Sponsor/Promoter provides copies of certificates of insurance from every flight participant in the Airshow reflecting this coverage on every plane scheduled to participate in the Airshow to the City Manager or Airport Manager at least fourteen (14) days prior to the scheduled event The policies of insurance covering the Sponsor/Promoter as required in this section shall name as additional insureds the City of Denton, its officers, agents, employees, city council, comrmssions, boards and comnuttees In addition, such policy or policies of insurance shall be endorsed to provide that no material changes in coverage, including, but not hnuted to, cancellation, termination, non -renewal or amendment, shall be made without thirty (30) days prior written notice to the City Manager or Airport Manager of the City of Denton Page 2 Sponsor/Promoter shall maintain the required insurance with insurance companies authorized to do business in the State of Texas SECTION IV That Chapter 3 "Airports" of the Code of Ordinances is hereby amended by addmg a Sec 3-22 entitled "Penmt for Flight Participants and Concessionaires" to read as follows Sec. 3-22. Permit for Flight Participants and Concessionaires. Sponsor/Promoter shall provide Airport Manager (or whomever the City Manager for the City of Denton designates) applications for pemuts properly completed for each Flight Participant and Concessionaire involved in the Airshow at least twenty-one (21) days prior to the Airshow The form of the application shall be determined by the Airport Manager Not less thanten (10) days prior to the Airshow the Airport Manager shall provide the Sponsor/Promoter with permits for each application that has been approved No flight participant or concessionaire may be involved in the Airshow that has not been granted a permit by the Airport Manager Failure of the Sponsor to provide the required proof of insurance as required by Sec 3-21 shall be grounds for the denial of a permit Grounds for denial of permits shall be provided to Sponsor/Promoter 30 days prior to Airshow if same is requested in writing SECTION V That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $500 00 Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense SECTION VI That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such validity SECTION VII That save and except as amended hereby, all the provisions, sections, subsections, paragraphs, sentences, clauses, and phrases of Chapter 3 of the Code of Ordinances shall remain in full force and effect SECTION VIII That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record -Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage PASSED AND APPROVED this the s& day of g_diez� , 1998 Page 3 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Z eZ Page 4