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1998-061AN 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, unlmuted, unscheduled, unplanned and unsuperxnsed aerobatlc flying and skydiwng at mrports constitute hazards wbach threaten the health and safety of the citizens of the City ofDanton ut~!mng the Denton Mumclpal barport, and WHEREAS, hrmted, planned, scheduled and supemsed aerobatic flying and skydtvmg as pm of a City co-sponsored barshow will promote the Denton Mumclpal barport and proxade reasonably safe entertainment, and ehrmnate most hazards such actiwties pose to the health and safety of the citizens of the City of Demon, and WHEREAS, the City of Denton desires to co-sponsor wath the Denton bar Fmr Cormmttee an appropriately managed barshow at the Denton Mumcipal barport, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS SECTION I That Chapter 3 "barports" of the Code of Ordinances is hereby mended by adding a the defimt~on of"barshow" to Section 3-1 entitled "Defimtlons" to read as follows See. 3-1. Definltlons barshow means an mrmeet or actiwty open to the general public at the Denton Mumclpal barport which prowdes for the observat, on of planes or helicopters m flight as prat of a program of entertmnment and may include, but is not lmuted to, Aerobatic flying and Sky&vmg SECTION II That Chapter 3 "barports" of the Code of Ordinances Is hereby amended by adding a Section 3-19 entMed "barshows" to read as follows Sec. 3-20. A~rshows. The proxaslons of Sec 3-5 (8) relating to "refreshments or any other commodities," Sec 3-14 (Aerobatic flying), Sec 3-18 (Llghter-than-a:r aimraf0 and Sec 3-19 (Dropping of objects) to the extem such section relates to a pmtub~tion against "Skydiving," of tbas chapter shall not apply to A~rshows (a) produced by a promoter who has been approved by the C~ty Council or (b) sponsored or co-sponsored by C~ty ~ That Chapter 3 "A~rports" of the Code of Ordinances ~s hereby amended by adding a Section 3-21 entitled "Minimum Insurance for A~rshow" to read as follows Sec. 3-21. Minimum Insurance for Airshow. It shall be unlawful for any mrshow to be conducted at the Denton Mumcxpal Purport unless insurance coverage ~s mmntamed by the Sponsor (Co-sponsors) or Promoter m the follovaag mmamum amounts (a) Pur w/A~rm Ll Combined Single Lm~t Bodily Injury and Property Damage L~abhlty-$10,000,000 each (h) Aarcra~ 1 Bodily Injury Liability, Excluding Passengers $ 250,000 each person $1,000,000 each occurrence 2 Passenger Bochly Injury L~abfl~ty $ 250,000 each person 3 Propex~y Damage Lmb~hty $ 250,000 each occurrence 4 Single Lm~t Bodily Injury & Propeay Damage Lmb~hty $1,000,000 each occurrence Subsection (b) coverage for Sponsor/Promoter may be waived ~f Sponsor/Promoter provides eop~es of certificates of insurance from every fl~ght pame~pant m the Parshow reflecung tl~s coverage on every plane scheduled to participate m the Parshow to the C~ty Manager or Parport Manager at least fourteen (14) days prior to the scheduled event The pohc~es of insurance eovenng the Sponsor/Promoter as reqmred m th~s section shall name as additional msureds the City of Denton, ~ts officers, agents, employees, c~ty council, ¢omn~ss~ons, boards and commattees In addition, such pohey or pohc~es of insurance shall be endorsed to pro,nde that no material changes m coverage, including, but not hmated to, cancellation, termination, non-renewal or amendment, shall be made w~thout tba~ty (30) days prior written notice to the Ctty Manager or Aarport Manager of the C~ty of Denton Page 2 Sponsor/Promoter shall mmntam the required Insurance w~th tnsurance compames authonzed to do business m the State of Texas ~ That Chapter 3 "Pal-pOnS" of the Code of Ordinances is hereby amended by adding a See 3-22 enmled "Penmt for Fhght Pamctpants and Concessionaires" to read as follows Sec. 3-22. Permit for Fhght Participants and Concessionaires. Sponsor/Promoter shall pro, nde Au'port Manager (or whomever the City Manager for the C~ty of Denton das~gnates) apphcat~ons for pernuts properly completed for each Fhght Participant and Concess~omure ~nvolved m the Parshow at least twenty-one (21) days prior to the parshow The form of the apphcatton shall be determined by the Parport Manager Not less than ten (10) days prior to the Aa'show the Parport Manager shall prowde the Sponsor/promoter vath pernuts for each apphcatton that has been approved No fl~ght participant or concessionaire may be revolved in the Atrshow that has not been granted a pernut by the Au'port Manager Failure of the Sponsor to provide the reqmred proof of insurance as required by Sec 3-21 shall be grounds for the deraal ofa perrmt Grounds for demal of pernuts shall be proxqded to Sponsor/promoter 30 days prior to parshow ff same ts requested in writing SECTION V That any person,aolatmg any prows~on ofttus ordtnance shall, upon conv~¢t~on, be fined a sum not exceeding $500 00 Each day that a prov~s~on of tl~s ordinance ts vaolated shall constitute a separate and d~stmct offense SECTION VI That ff any seetton, subsectton, paragraph, sentence, clause, phrase or word tn tl~s ordinance, or apphcat~on thereof to any person or circumstances ts held tnvahd by any court of competent jurlsd~ctton, such holding shall not affect the vahd~ty of the rema~mng pomons of flus ordinance, and the Ctty Councd of the Ctty of Denton, Texas hereby declares tt would have enacted such remmmng porttons desptte any such validity SECTION VII That save and except as amended hereby, all the prows~ons, sections, subseetmns, paragraphs, sentences, clauses, and phrases of Chapter 3 of the Code of Ordinances shall remain tn full force and effect SECTION VIII That th~s ordinance shall become effeettve fourteen (14) days from the date of~s passage, and the C~ty Secretary ts hereby d~rected to cause the captton ofthts ordtnance to be pubhshed twice tn the Denton Reeord-Chromcle, a daffy newspaper pubhshed m the City of Denton, Texas, wtthln ten (10) days of the date of its passage PASSED AND APPROVED ttus theJ~day of t/~t:~t~-, ,1998 JAC~;fLLER, MAYOR Page 3 ATTEST JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY Page 4