14.16.110 - Distribution of literature and solicitation of donations.
A. Purpose. It shall be the purpose of this section:
1. To assure the fair use of the public area at the airport by persons seeking to exercise constitutional freedom of expression and for religious organizations to proselytize;
2. To permit equitable access among persons and groups desiring to exercise such constitutional freedoms;
3. To restrict such activities to public areas of airport buildings and premises, excluding concourse areas beyond screening checkpoints;
4. To prevent interference with passengers and other users of the airport; to allow free access to airport travel facilities and free passage among those facilities and to ensure the free and orderly flow of pedestrian traffic through the airport premises;
5. To discourage interference with persons who are required to wait in lines; and
6. To prevent interference with anti-hijack and other security measures.
B. Conduct of Regulated Activities. The conduct of regulated activities pursuant to this section will be permitted in the following manner in the public areas of the airport, such areas as more particularly depicted in a diagram which is available from the airport. The director shall have the authority from time to time to temporarily relocate permittees for reasons relating to security, safety or construction.
1. No individual shall be approached by more than one distributor or solicitor at a time;
2. No distributor or solicitor shall make noise or create any disturbance which will interfere with the ability of the public to hear public address announcements nor shall any distributor or solicitor shout at any person. The use of sound or voice amplification apparatus is prohibited;
3. To ensure the efficient and orderly use of the airport for its primary purpose and to assure equal opportunity for freedom of expression the following restrictions shall apply:
a. Not more than a total of four persons shall be permitted to engage in regulated activities in the terminal building at the same time, and regulated activities permitted inside the terminal building shall not include solicitation and acceptance of donations;
b. Not more than a total of four persons shall be permitted to engage in regulated activities in areas designated by the director on the sidewalk area outside the terminal building at the same time, and such activities shall not include the solicitation and acceptance of donations.
4. No regulated activity shall interfere with the free passage of the public within the terminal building;
5. No signs, placards or other materials shall be affixed to the terminal building;
6. No leaflets or other written materials shall be distributed by leaving them unattended in the terminal building;
7. No person shall engage in regulated activities under this section except in one of the designated areas indicated on the aforementioned diagram and no more than two persons shall be in a designated area at any given time;
8. No person engaging in regulated activities under this section shall, by word or gesture or otherwise, harass or threaten any other persons or in any way obstruct, delay or interfere with the free movement of any other person or seek to coerce or physically disturb or touch any other person without that person's permission; or hamper or impede or interfere with the conduct of any authorized business at the airport; and
9. Engaging in regulated activities under this section in any location other than one assigned in a permit issued by the director in accordance with Section 14.16.110(E) is prohibited.
C. Permit Requirement. It shall be unlawful for any person or organization to engage in any regulated activities under this section without first obtaining a written permit from the director. For the purposes of obtaining such a permit a written application on a form prescribed by and provided by the city must be filed with the director. The filing of such application is required in order that adequate precautions may be taken by the director of aviation to protect the public health, safety and order and to ensure the efficient and orderly use of airport property for its primary purpose and to ensure equal opportunity for freedom of expression.
D. Issuance of Permits.
1. A maximum of four permits will be issued for a total of four persons, inclusive of all permits. Where more than one applicant requests a permit, permits will be granted to ensure that each applicant is authorized to have at least one person authorized to engage in regulated activities for the applicant, subject to the overall maximum of eight persons during any permit period.
2. The number of persons authorized to engage in regulated activities under a permit will be allocated as follows:
a. Inside the terminal building at the designated spaces.
i. One applicant, any number up to a maximum of four;
ii. Two applicants, a maximum of two per permit;
iii. Three applicants, one per permit. An additional person will be authorized, if requested; provided, however, that if more than one applicant requests an additional person, those applicants who make such a request will draw lots to determine which applicant is authorized an additional person;
iv. Four applicants, one for each permit;
v. More than four applicants, all applicants present at the time and place assigned for issuance of permits will draw lots in a manner to be determined by the director or authorized designee. A permit will be issued to each of the four successful applicants authorizing one person per permit.
b. Outside on sidewalk area.
i. One applicant, any number up to a maximum of four;
ii. Two applicants, a maximum of two permits;
iii. Three applicants, one per permit. An additional person will be authorized, if requested; provided, however, that if more than one applicant requests an additional person, those applicants who make such a request will draw lots to determine which applicant is authorized an additional person;
iv. Four applicants, one for each permit;
v. More than four applicants, all applicants present at the time and place assigned for issuance of permits will draw lots in a manner to be determined by the director or designee. A permit will be issued to each of the four successful applicants authorizing one person per permit.
3. All persons engaging in regulated activities under this section must be authorized representatives of a permittee and such persons must register in advance with the director or authorized designee and must wear airport provided identification badges, readily visible at all times.
E. Denial of Permit.
1. A permit applicant denied a permit by the director or designee shall be furnished a written statement at the time of denial, indicating the reason or reasons the permit was denied. The director may deny an application under this chapter if the director finds:
a. That the applicant has supplied false or incorrect information on any application for a permit;
b. That the applicant has failed to supply all information required on the application form; or
c. That the applicant has failed to pay the application fee.
2. In the event that applicant's current or prior permit is under suspension, no new permit shall be issued until the term of such suspension has expired.
3. In the event that an applicant's current or prior permit is revoked, no new permit shall be issued until the term of such revocation has expired.
4. The director shall issue written notice of denial to the applicant which shall contain, at a minimum, the following:
a. The name of the applicant;
b. A statement that the permit is denied; and
c. Reason(s) for the denial.
5. The applicant has five business days after receipt of the notice of denial to file with the city manager a written protest to the denial. A copy of the written protest shall also be sent to the director.
F. Suspension or Revocation.
1. The director may issue a written notice of intent to suspend for not more than sixty days or a written notice of intent to revoke a permit subject to this chapter if the director determines that any of the following is true:
a. The permit holder supplied false or misleading information on any application for a permit;
b. The permit holder is found, after notice and opportunity for hearing, to be in violation of a provision of this chapter;
c. The permit holder is indebted to the city for fees or payment of penalties imposed by this chapter or by rule adopted under this chapter; or
d. The director may issue written notice of intent to revoke a permit if the holder violates this chapter on two or more occasions within a twelve-month period.
2. A permit holder that has had their permit suspended or revoked shall be required to surrender the permit to the director within seven calendar days of receiving notice from the director or designee of suspension or revocation, regardless of whether the permit holder requests an appeal in accordance with this chapter. In the case of suspension, failure to surrender the permit within seven days of notice shall cause the director to revoke the permit. In the case of revocation, the period of revocation shall be eighteen months before the permit holder can apply for a new permit.
3. A permit holder shall not commence activities addressed under the permit after the term of suspension has ended without first retrieving their permit from the director or designee.
4. It shall be a violation of this chapter for a permit holder to continue the activities addressed under the permit during the period of suspension or revocation of the permit.
5. Notice. The director or designee shall issue a written notice of suspension or revocation of a permit to the permit holder, with the following information:
a. Name and address of the permit holder;
b. Statement of whether the permit is suspended or revoked;
c. Reason(s) for the suspension or revocation;
d. Recommendation of corrective measures to bring the permit holder into compliance with the requirements of this chapter;
e. Statement that the permit be surrendered to the director or designee within seven days of receipt of notice;
f. Statement that the permit, if suspended, is subject to revocation for failure to surrender the permit within the allotted time; and
g. Statement that the suspension or revocation may be appealed under the provisions set forth in this chapter.
6. A permit holder may not apply for a new permit for a period of twelve months after said permit has been revoked.
G. Permit—Appeal of Denial, Suspension or Revocation.
1. Any applicant or permit holder may appeal the denial, suspension or revocation of a license or permit required by this chapter of the City Code to the city manager as provided in this section.
2. Within ten business days of denial, suspension or revocation, the director or designee shall prepare a report indicating the reasons for the denial, suspension or revocation and shall provide a copy to the applicant or permit holder. The director or designee's decision is final unless within ten business days from the date of receiving such report, the applicant or permit holder files with the city clerks a written appeal to the city manager specifying the reasons for the appeal. Said appeal shall also include a written rebuttal to the report.
3. The city manager or designee shall review the report and the appellant's rebuttal. The city manager or designee may allow the appellant to make an oral presentation or submit additional rebuttal. The city manager or designee shall make a ruling on the appeal within a reasonable period of time after the appeal has been filed.
4. The city manager or designee shall sustain, reverse or modify the action of the director or designee and shall notify the appellant of the decision in writing. The decision of the city manager or designee is final.
H. Not Applicable. This section shall not apply to business or commercial activities at the airport which shall be governed by the provisions of Article II of this chapter.
I. Penalty. Any person who violates any provision of this section or who intentionally violates the terms of a permit issued to engage in regulated activities at the airport shall be guilty of a misdemeanor and is punishable as provided in Section 1.08.010 of this Code.
(Ord. No. 19007, § 1, 12-17-2019)
