Clean Zone Ordinance

AN ORDINANCE PROHIBITING CERTAIN ACTIVITIES WITHIN
PROTECTED AREAS IN CONNECTION WITH ACTIVITIES RELATED TO
SUPER BOWL XLV IN THE CITY; PROVIDING THAT THIS ORDINANCE
SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SAVINGS
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY
CLAUSE; PROVIDING FOR PUBLICATION; AND NAMING AN EFFECTIVE
DATE OF JANUARY 23, 2011 AND AN EXPIRATION DATE OF FEBRUARY 7,
2011
WHEREAS, the National Football League (the “League”) owns, produces and controls
the annual professional football championship game known as the “Super Bowl” which is the
largest national annual sporting event held in this country;
WHEREAS, NFL Properties LLC (“NFLP” or together with the League, the “NFL”)
owns, produces and controls the “NFL Experience” and along with other NFL Affiliates, owns,
produces and controls certain other events associated with the Super Bowl (“Official Events”);
and
WHEREAS, a Super Bowl has never been held in the North Texas Region; and
WHEREAS, in amending Texas Revised Civil Statutes article 5190.14 during the 78th
Legislature, Regular Session, the Texas Legislature determined that the conduct in this state of
one or more major sporting or athletic events, including the Super Bowl, will provide invaluable
public visibility throughout the nation or world for Texas and the communities where the major
sporting or athletic events are held, will encourage and provide major economic benefits to the
communities where the major sporting or athletic events are held and to the entire state and will
provide opportunities for the creation of jobs by local and Texas businesses that pay a living
wage; and
WHEREAS, as recognized by the Texas Legislature, the City of Arlington and the North
Texas Region hosting Super Bowl XLV and its related Super Bowl activities will generate
goodwill, enhance the worldwide renown and prestige, create temporary jobs and create
substantial beneficial economic and fiscal activity; and
WHEREAS, the City of Fort Worth is hosting Super Bowl related activities, including
the AFC champions at the Omni Fort Worth Hotel and the Taste of the NFL at the Fort Worth
Convention Center which features a top chef from each NFL city paired with a current or alumni
NFL player; and
. WHEREAS, the downtown area in the City of Fort Worth, including the Fort Worth
Convention Center, hotels and other facilities and their premises, access roads, parking lots,
thoroughfares and other areas will be used for the purposes of organizing, financing, promoting,
accommodating, staging and conducting activities related to Super Bowl XLV; and
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WHEREAS, the City Council desires to promote and protect the festive image in the
downtown area of Fort Worth during a temporary period before and after Super Bowl XLV; and
WHEREAS, the NFL has related to the City of Fort Worth experiences in other cities
where failure to regulate temporary structures, outdoor sale/distribution of merchandise and
temporary outdoor advertising displays visible from public streets or sidewalk in the vicinity of
Super Bowl related events resulted in pedestrian and vehicular traffic issues that caused traffic
and pedestrian safety problems, obscured lines of sight and affected public safety operations; and
WHEREAS, City officials who have familiarity with traffic and public safety issues
have similar concerns that venues in which related Super Bowl Events are conducted could
become overly congested by attracting congregations of temporary structures, outdoor
sales/distribution of merchandise and temporary signage visible from public streets or sidewalks
in the vicinity of the AFC champions host hotel and other Super Bowl related activities in the
downtown area; and
WHEREAS, such congestion would unnecessarily increase the numbers of vehicles and
pedestrians in the downtown area, obstruct traffic, hinder security operations and interfere with
emergency vehicle access; and
WHEREAS, the City Council desires to promote and protect good order and aesthetic
quality and to protect the safety and convenience of drivers and pedestrians in and around
downtown during the Super Bowl XLV and its related Super Bowl activities;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS:
SECTION 1.
The area surrounding the Fort Worth Convention Center and the Omni Hotel Fort Worth
from Vickery Street on the South, Cherry Street on the West, 5th Street on the North and 19th
Street on the East, more particularly shown on the map and description attached hereto as Exhibit
“A” shall be designated as the “Clean Zone” during the period beginning at 12:01 a.m. January
23, 2011 through and until 12:01 a.m. February 8, 2011:
In addition to all other activities prohibited by City ordinances, State or Federal law, the
following activities, including those permitted prior to the effective date of this ordinance, shall
be prohibited in the Clean Zone:
1. All activities constituting an “Outdoor Event” under Chapter 20 of the Code of the City
of Fort Worth, including the construction, placement, occupation or use of any temporary
structure (including but not limited to temporary retail locations, tents, canopies and air12.9.10.1
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supported, air-inflated and tensioned membrane structures) visible from any public street,
public property or sidewalk unless otherwise approved by the NFL;
2. The construction, placement, occupation or use of any temporary structure (including but
not limited to temporary retail locations, tents, canopies and air-supported, air-inflated
and tensioned membrane structures) visible from any public street, public property or
sidewalk unless otherwise approved by the NFL. This shall not include a tent for a
private parties of less than five hundred (500) people, is not open to the general public
and is erected and used by an adjacent and established business holding a valid
Certificate of Occupancy;
3. The commercial use or display of a costume or mascot sign on public street, public
property or sidewalk;
4. The outdoor sale or distribution of food or merchandise to the public (used in its broadest
sense) visible from any public street, public property or sidewalk, except food or
merchandise sold or distributed in the ordinary course of business at a location for which
a Certificate of Occupancy has been issued prior to the effective date of this ordinance
and then only on private property or on public property where an encroachment permit
has been issued for outdoor restaurant seating;
5. The outdoor distribution to the public of commercial flyers or material, goods or wares
that are visible from any public street, public property or sidewalk, except as sold or
distributed in the ordinary course of business at a location for which a Certificate of
Occupancy has been issued prior to the effective date of this ordinance and then only on
private property;
6. Outdoor advertising displays, including, but not limited to, portable signs, flags,
streamers, pennants, banners, decorative flags, video screens, balloons, electronic
message boards, nighttime projections of commercial messages, inflatables and building
wraps visible from a public street, public property or sidewalk, except building wrap
signs and other temporary signs where authorized by the NFL, restaurant A-frame signs,
window signs and street pole banners with a valid City issued permit and existing real
estate and development signs shall be permitted; and
7. Except as approved by the NFL, temporary vending including, but not limited to, the
soliciting, selling or offering of food, wares, services or other items and activities
described under Chapter 24 – Parks and Community Services, Article I – In General,
Section 24-5; Appendix A – Zoning Regulations, Chapter 5 – Supplemental Use
Standards, Article 4 – Temporary Uses, Section 5.406 – Mobile vendors; Chapter 20 –
Licenses and Miscellaneous Business Regulations, Article II Amusements, Division 3,
Carnivals, Circuses and Tent Shows; Article IV – Vendors, Division 1 – Door-to-Door
Vendors; Chapter 23 – Offenses and Miscellaneous Provisions, Section 23-16 – Certain
ticket resale prohibited on city property; Chapter 20 – Licenses and Miscellaneous
Business Regulations, Article IV – Vendors, Division 2 – Pushcarts, Section 20-163, save
and except the eight authorized locations and permitted vendors; Chapter 30 – Streets and
Sidewalks, Article I – In General, Section 30-3 – Displaying goods, wares, etc.; Chapter
30 – Streets and Sidewalks, Article I – In General, Section 30-4 – Soliciting trade or
patronage, and all of the Code of the City of Fort Worth.
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SECTION 2.
The area from 5th Avenue on the South, Burnett Street on the West, Belknap Street on the
North and Pecan Street on the East more particularly shown on the map and description attached
hereto as Exhibit “A” shall be designated as the “Buffer Zone” during the period beginning at
12:01 a.m. January 23, 2011 through and until 12:01 a.m. February 8, 2011:
In addition to all other activities prohibited by City ordinances, State or Federal law, the
following activities, including those permitted prior to the effective date of this ordinance, shall
be prohibited in the Buffer Zone:
1. The outdoor sale or distribution of food or merchandise to the public (used in its broadest
sense) visible from any public street, public property or sidewalk, except food or
merchandise sold or distributed in the ordinary course of business at a location for which
a Certificate of Occupancy has been issued prior to the effective date of this ordinance
and then only on private property or on public property where an encroachment permit
has been issued for outdoor restaurant seating;
2. The outdoor distribution to the public of goods or wares visible from any public street,
public property or sidewalk, except as sold or distributed in the ordinary course of
business at a location for which a Certificate of Occupancy has been issued prior to the
effective date of this ordinance and then only on private property;
3. Temporary vending including, but not limited to, the soliciting, selling or offering of
food, wares, services or other items and activities described under Chapter 24 – Parks and
Community Services, Article I – In General, Section 24-5; Appendix A – Zoning
Regulations, Chapter 5 – Supplemental Use Standards, Article 4 – Temporary Uses,
Section 5.406 – Mobile vendors; Chapter 20 – Licenses and Miscellaneous Business
Regulations, Article II Amusements, Division 3, Carnivals, Circuses and Tent Shows;
Article IV – Vendors, Division 1 – Door-to-Door Vendors; Chapter 23 – Offenses and
Miscellaneous Provisions, Section 23-16 – Certain ticket resale prohibited on city
property; Chapter 20 – Licenses and Miscellaneous Business Regulations, Article IV –
Vendors, Division 2 – Pushcarts, Section 20-163, save and except the eight authorized
locations and permitted vendors; Chapter 30 – Streets and Sidewalks, Article I – In
General, Section 30-3 – Displaying goods, wares, etc.; Chapter 30 – Streets and
Sidewalks, Article I – In General, Section 30-4 – Soliciting trade or patronage, and all of
the Code of the City of Fort Worth; and
4. Outdoor advertising displays, including, but not limited to, portable signs, flags,
streamers, pennants, banners, decorative flags, video screens, balloons, electronic
message boards, nighttime projections of commercial messages, inflatables and building
wraps visible from an public street, public property or sidewalk, restaurant A-frame signs,
window signs and street pole banners with a valid City issued permit and existing real
estate and development signs shall be permitted.
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SECTION 3.
The City may remove or order the removal, without prior written notice, of any sign
erected in violation of this ordinance.
Procedure Upon Removal; Costs of Removal. (a) The City shall, within thirty (30) days
after removal, notify the owner or lessee of a sign and the owner of the building, structure
or premises upon which the sign was located that the sign was removed. Any sign
removed by the City shall be stored for a period of thirty (30) days from the date
notification is given. If the identity or address of the owner or lessee of the sign or the
owner of the building, structure or premises upon which the sign was located cannot,
after reasonable effort, be determined, the City shall store the sign for a period of thirty
(30) days after the date the City determines that notification cannot be made. The City
shall continue to store any sign that has been removed for any additional period during
which any appeal of such removal is pending. At the expiration of the time specified in
this section, if the owner or lessee of the sign or the owner of the building, structure or
premises upon which the sign was located has not reclaimed the sign as provided in
subsection (b) of this section, the City may destroy the sign or dispose of it in any manner
the City deems appropriate. (b) To reclaim any sign removed by the City, the person
reclaiming the sign shall pay to the City an amount equal to all costs incurred by the City
in removing and storing the sign.
SECTION 4.
That this ordinance shall be cumulative of all other ordinances of the City of Fort Worth
and shall not repeal any of the provisions of such ordinances, except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 5.
That all rights or remedies of the City of Fort Worth, Texas are expressly saved as to any
and all violations of the City Code or any amendments thereto that have accrued at the time of
the effective date of this ordinance; and as to such accrued violations, and all pending litigation,
both civil or criminal, same shall not be affected by this ordinance, but may be prosecuted until
final disposition by the courts.
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SECTION 6.
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable and if any phrase,
clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases,
clauses, sentences, paragraphs or sections of this ordinance, since the same would have been
enacted by the City Council without the incorporation herein of any such void, ineffective or
unconstitutional phrase, clause, sentence, paragraph or section.
SECTION 7.
That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Five Hundred Dollars ($500.00) for each offense. Each day that a violation
exists shall constitute a separate offense.
SECTION 8.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to publish this
ordinance for two (2) days in the official newspaper of the City of Fort Worth, Texas as authorized
by V.T.C.A. Local Government Code Subsection 52.013.
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SECTION 9.
After publication as required by law, this ordinance shall become effective on 12:01 a.m.
January 23, 2011 and expire on 12:01 am. February 8, 2011.
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant City Attorney
Adopted:
Effective: _____________________________