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
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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
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ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBERT L PROUTY, CITY ATTORNEY
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