CHAPTER 16 AIRPORTS*
Article 16-1 IN GENERAL
16-1-1 Definitions
16-1-2 General Rules And Regulations
Section 16-1-1 Definitions
All words and phrases used in this chapter shall have the following meaning,
unless its
context requires otherwise. All definitions contained within the Federal Aviation
Act of
1958 and all amendments thereto are incorporated herein. All definitions shall be
interpreted consistently with the Federal Aviation Act and amendments thereto.
A. “Aircraft” means a device that is used or intended to be used for flight in the
air,
including helicopters and ultralight vehicles.
B. “Airport” means all of the area comprising the Wickenburg Municipal Airport,
as now
existing or as the same may hereafter be expanded and developed and shall
include all of its facilities. “Airport” shall include all airports owned or operated by
the town.
C. “Council” means the town council of the Town of Wickenburg, Arizona.
D. “Director” means the town manager or that individual appointed as director by
the
town manager, ratified by the town council. The director shall have responsibility
for
superfixing the operation of the airport.
E. “Field Area” means that area used for aircraft taxiing, run up, take off, landing,
tiedowns, loading, and unloading of passengers and baggage. Field area shall
include all areas used by vehicles or pedestrians to gain access to any of the
above, and shall include all additional areas designated by the director as a field
area.
F. “Town” means the Town of Wickenburg, Arizona.
G. “Public Area” means all other airport areas not field areas, except those areas
designated by a tenant or the director as non-public areas. The director shall
have
the power to overrule a tenant’s designation of an area as a non-public area and
may designate said area to be public.
H. “Ultralight Vehicle” means an aircraft that is used for manned operation in the
air by
a single occupant for recreational or sport purposes only, which does not have
any
U.S. or foreign airworthiness certificate; if unpowered, the aircraft weighs less
than
155 pounds; if powered, the aircraft weighs less than 254 pounds empty, has a
* New Chapter 4/84
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fuel capacity not exceeding five U.S. gallons, is not capable of more than fifty-five
knots calibrated airspeed at full power in level flight, and has power-off stall
speed
which does not exceed twenty-four knots calibrated airspeed.
Sec. 16-1-2 General Rules and Regulations
A. The director may promulgate such rules, regulations, orders and instructions
as are
necessary in the administration of this chapter. He may post signs at the airport
which state or apply such rules, regulations, orders or instructions. Each person
on
the airport shall comply with all rules, regulations and signs posted by the director
pursuant to this chapter. Each member of the staff of the director, as a
representative of the director, is empowered to require compliance with the
provisions of this chapter and all rules and regulations issued by the director.
B. The airport shall be conducted as a public air facility for the promotion and
accommodation of civil aviation and associated activities.
C. The airport shall be open for public use at such hours and subject to such
restrictions as may be determined by the director.
D. The privilege of using an airport and its facilities shall be conditioned on the
assumption of the user thereof of full responsibility and risk for such use, and the
user therefore releases and agrees to hold the town and its officers and
employees
harmless, and to indemnify them from any liability or loss resulting from such
use.
The owners and operators of all aircraft based at the airport shall comply with all
applicable provisions of Title 28, Chapter 12, Arizona Revised Statutes. The
Town
reserves the right to deny use of the airport to any person who is judged by the
director to be endangering the public’s safety, health and welfare. Persons
regularly operating aircraft at the airport, including ultralights vehicles, shall carry
and maintain in effect, liability insurance in an amount to be set by the airport
director and shall not be less than $1,000,000.00 combined single limit for bodily
injury and property damage. For purposes of this section, “regularly operating
aircraft at the airport” shall mean a permanently based aircraft which is either
hangared or has a monthly tie-down space permit agreement at the airport.
E. Except in case of emergency and except for special provisions pertaining to
helicopters in Article 16-11 of this chapter, no person shall land any aircraft within
the corporate limits of the town except upon a regularly established airport field at
the airport.
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16-2 AIRPORTS 16-2-1
Article 16-2 AIRCRAFT
16-2-1 Aircraft Operations
16-2-2 Aircraft Accident Procedures
Section 16-2-1 Aircraft Operations
A. No person shall conduct any aircraft operation to, on, from or over the airport
except
in conformity with all Federal Aviation Administration regulations, the applicable
provisions of Arizona Revised Statutes, Title 28, Chapter 12, this chapter, and
rules
and regulations promulgated by the director.
B. No person shall operate any aircraft unless he holds a valid, current student
pilot,
private pilot or commercial pilot certificate or license with ratings appropriate to
the
type of aircraft operated and conditions under which they are operating.
Reciprocal
certificates issued by foreign governments are acceptable if the authorization
contained in the certificates are comparable to the domestic certificates
mentioned
and are so accepted by the Federal Aviation Administration. If no pilot certificate
or
license is required by the Federal Aviation Administration in order to operate an
aircraft, such as an ultralight vehicle, the aircraft pilot shall be the holder of a
certificate or license appropriate to some type of aircraft for which a pilot’s
certificate
or license is required, in order that the safety of others using the airport may be
assured.
C. No person shall take off or land an aircraft on the airport except on a hard
surface
area, unless otherwise authorized by the director.
D. All aircraft traffic shall conform to the established traffic pattern as approved
by the
director and posted at the airport. Based helicopter operators will submit traffic
patterns to the director for approval.
E. No persons shall park an aircraft on any runway or taxiway at the airport.
F. No person shall park or store an aircraft at the airport except in areas
designated by
the director.
G. Preventative maintenance work, as defined in Title 14, Part 43, Appendix A(c),
Code of Federal Regulations, may be performed at the airport tiedown areas by
the
owner or operator of the aircraft. Aircraft owners who possess current mechanic
ratings such as A&P and A&I may do additional work in the tiedown areas
subject to
the approval of the director. All other aircraft maintenance, rebuilding, and
alterations shall be performed only in areas designated by the director.
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16-2-1 AIRPORTS 16-2-1
H. No person shall conduct experimental flight or ground demonstrations on the
airport
without prior permission of the director and Federal Aviation Administration
approval.
I. No person shall take any aircraft from the landing area or hangars or operate
such
aircraft while under the influence of intoxicating liquor or a dangerous drug.
J. No person shall board or disembark from any aircraft on a runway or in the
take-off
or landing area except in an emergency or with prior approval of the director.
K. Persons parking transient aircraft on terminal transient areas shall register
their
aircraft with the director or his representative as soon as possible after landing at
the airport.
L. All owners and operators who desire to base their aircraft at the airport shall
register
their aircraft with the director or his representative prior to beginning operations.
Any change in ownership of the aircraft shall be reported immediately.
M. No person shall leave an aircraft unattended unless it is properly tied down or
placed in a hangar.
N. No engine in an aircraft shall be started or run without a competent person at
the
engine controls, and unless blocks have been placed in front of the wheels or the
aircraft has adequate parking brakes. No aircraft engine shall be operated in
such
manner as to endanger life or property.
O. No aircraft shall be operated in, or taxied into or out of, a hangar.
P. If the director believes the conditions at the airport, or any portion thereof, are
unfavorable for aircraft operations, he may close the airport, or such portions
thereof, using applicable Federal Aviation Administration procedures, as
appropriate.
Q. No aircraft capable of movement on the ground shall be operated on the
airport
unless it is equipped with wheels and wheel brakes, except with the permission
of
the director.
R. No aircraft shall be permitted to remain on any part of the landing or take-off
areas
for the purpose of repairs.
S. All aircraft shall be taxied at slow and reasonable speeds and shall not be
taxied
onto a runway without first stopping and waiting for any approaching aircraft
preparing to land.
T. No person shall, without the owner’s permission, interfere or tamper with an
aircraft
parked or stored at the airport.
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U. No person shall move an aircraft on the airport in a negligent or reckless
manner.
V. No person shall start or taxi any aircraft on the airport in a place where the air
or
exhaust blast is likely to cause injuries to persons or property. If the aircraft
cannot be taxied without violating this paragraph, the operator must have it
towed to the desirable destination.
W. No person in any aircraft shall cause or permit to be thrown out, discharged
from
or dropped within the town limits, any dust, spray, object or thing except loose
water or loose sand ballast when absolutely essential to the safety of the
occupants of the aircraft and except as herein provided; except that aircraft used
for dusting or spraying on agricultural lands for agricultural purposes may dust or
spray agricultural crops.
Section 16-2-2 Aircraft Accident Procedures
A. Persons involved in aircraft accidents occurring at the airport shall make a full
report thereof to the director or his representative within twenty-four hours after
such accident. The report must include the name and address of the persons
involved. For purposes of this section, an aircraft accident shall include any
event involving an aircraft and a motor vehicle, person or stationary object which
results in property damage, personal injury or death.
B. Any person damaging property on the airport by means of contact with aircraft
shall report such damages to the airport office immediately and shall be fully
responsible to the town for costs of repairs.
C. Every pilot and aircraft owner shall be responsible for the prompt removal of
his
disabled aircraft or parts thereof, as directed by the director or his
representative, subject to accident investigation requirements.
Article 16-3 MOTOR VEHICLES
16-3-1 General Regulations
16-3-2 Parking
Section 16-3-1 General Regulations
A. No motor vehicle shall be operated on the airport if it is so constructed,
equipped
or loaded as to endanger persons or property.
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16-3-2 AIRPORTS 16-3-2
B. Each operator of a motor vehicle involved in an accident between that vehicle
and an aircraft, or in any other motor vehicle accident on the airport that results
in personal injury or in a total property damage of more than fifty dollars shall
make a full report thereof to the director or his representative as soon as
possible after the accident. The report must include the name and address of
the person reporting.
C. No person shall operate any motor vehicle on the airport in violation of this
chapter, or rules and regulations promulgated and posted by the director or the
laws of the State of Arizona.
D. No person shall operate a motor vehicle on the airport in a negligent or
reckless
manner, or in excess of posted speed limits.
E. No person shall operate any motor vehicle on the airport while under the
influence of intoxicating liquor, or any narcotic or habit-forming drug.
F. No motor vehicle shall be permitted on taxiways, runways or operational areas
except authorized maintenance or service vehicles, without prior permission of
the director or his representative.
G. All motor vehicles shall be operated only in those areas of the airport as may
be
authorized from time to time by the director and then under the rules and
regulations established therefor.
H. Operators of motor vehicles on the field area shall yield the right-of-way to
taxiing aircraft.
I. All motor vehicles on the field area shall pass to the rear of aircraft whose
engines are running.
J. When backing gasoline tenders, the driver shall remain in the vehicle and shall
not stand on the running board or fender. Gasoline tenders shall at no time be
so positioned as to prevent their rapid removal.
K. Except as authorized by the director, no person shall clean or make any
repairs
to motor vehicles anywhere on the airport other than designated shop areas,
except those minor repairs necessary to remove such motor vehicle to a proper
location.
Sec. 16-3-2 Parking
A. No person shall park or stand a motor vehicle on the airport except in an area
specifically designated therefor.
B. No person shall park a motor vehicle in any posted area on the airport for a
period longer than that prescribed in the town.
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16-4 AIRPORTS 16-4
C. No person shall park a vehicle in a restricted or reserved area on the airport
unless he displays, in the manner prescribed by the director, a parking permit
issued by the director for that area.
D. No person shall double-park a motor vehicle on any road on the airport.
E. No person shall abandon a motor vehicle on the airport.
F. No person shall park or stand a motor vehicle at any place on the airport in
violation of any sign posted by the director.
G. No person shall park or stand a motor vehicle within fifteen feet of a fire
hydrant
on the airport, or park in such a manner as to block any fire gate or entrance,
road or taxiway.
H. No person shall park a motor vehicle in any marked space in such manner as
to
occupy more than one space.
I. No person shall park a motor vehicle in individual storage hangars, aircraft
shelters or tiedown spaces unless permitted by the owner or lessee of said
structure or space.
J. No person shall move, interfere, or tamper with any motor vehicle, or take or
use
any motor vehicle part, instrument or tool thereof, without the permission of the
owner or satisfactory evidence of the right to do so duly presented to the director
or his representative.
K. The director, or his agent, may remove, at the owner’s expense, any motor
vehicle which is parked on the airport in violation of this chapter. The vehicle
shall be subject to a lien for the cost of removal.
Article 16-4 OFFENSES
16-4-1 Nuisances, Littering, Vandalism Prohibited
16-4-2 Bicycles
16-4-3 Horseback Riding
16-4-4 Hunting
16-4-5 Solicitation and Advertising
16-4-6 Animals
16-4-7 Loitering
16-4-8 Entrance Into Restricted Areas
16-4-9 Alcoholic Beverages
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16-4-1 AIRPORTS 16-4-4
Section 16-4-1 Nuisances, Littering, Vandalism Prohibited
A. It shall be unlawful to commit any act or to omit to act in such a way as to
create a
nuisance on the airport.
B. It shall be unlawful for any person to dispose of garbage, papers, refuse or
other such
material on the airport except in receptacles provided for that purpose.
C. It shall be unlawful for any person to destroy, injure, deface, or disturb any
building,
sign equipment, marker or other surface, tree, flower, lawn or other public
property on
the airport.
D. It shall be unlawful for any person to use a restroom other than in a clean and
sanitary
manner.
E. It shall be unlawful for any person to alter, make additions to, or erect any
building or
sign or make any excavations on the airport without the permission of the
director,
subject to lease provisions.
F. It shall be unlawful for any person to willfully abandon any personal property
on the
airport. A person has abandoned personal property when it remains unattended
and
without written permission of the director for a period of thirty days or more.
Sec. 16-4-2 Bicycles
It shall be unlawful to operate a bicycle at the airport except in those areas as
may be
authorized from time to time by the director and then under rules and regulations
established therefor.
Sec. 16-4-3 Horseback Riding
It shall be unlawful for any person to ride horseback on the airport without
permission of
the director.
Sec. 16-4-4 Hunting
No person shall hunt, pursue, trap, catch, injure or kill any bird or animal on the
airport
without authorization of the director.
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16-4-5 AIRPORTS 16-5
Sec. 16-4-5 Solicitation and Advertising
A. It shall be unlawful for any person to solicit fares, alms or funds for any
purpose on the
airport without permission of the director.
B. It shall be unlawful for any person to post, distribute or display signs,
advertisements,
circulars or other printed or written manner in a public area of the airport except
in
locations designated by the director.
Sec. 16-4-6 Animals
It shall be unlawful for any person to enter the airport with a dog or other
domestic animal
unless that animal is kept restrained by a leash or is confined so as to be
completely
under control.
Sec. 16-4-7 Loitering
It shall be unlawful for any person to loiter or remain on any part of the airport
more than
the time reasonably necessary to complete airport related business.
Sec. 16-4-8 Entrance Into Restricted Areas
It shall be unlawful for any unauthorized person to enter any restricted area
posted as
being closed to the public.
Sec. 16-4-9 Alcoholic Beverages
It shall be unlawful for any person to drink alcoholic beverages in the terminal
building
lobby.
Article 16-5 COMMERCIAL PHOTOGRAPHY
16-5-1 Unauthorized Commercial Photography Prohibited
16-5-2 Authorization by Director
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Section 16-5-1 Unauthorized Commercial Photography Prohibited
It shall be unlawful for any person to take a still, motion or sound picture on the
airport for
commercial purposed without the permission of the director and as authorized in
Section
16-5-2 herein.
Sec. 16-5-2 Authorization by Director
The director may allow any of the following to take pictures on the airport for
commercial
purposes:
A. Professional photographers and motion picture cameramen photographing
events on
the airport as representatives of news concerns or bona fide news publications.
B. Professional photographers and motion picture cameramen photographing
events at
the airport, for non-profit exhibit, to stimulate interest in air commerce or travel or
for
non-profit educational purposes.
C. Professional photographers photographing scenes on the airport for general
artistic
purposes.
Article 16-6 USE OF ROADS AND WALKS
16-6-1 In General
16-6-2 Obstructions
16-6-3 Picket Lines
Section 16-6-1 In General
It shall be unlawful for any person to travel on the airport except on a road, walk
or other
place provided for the kind of travel he is doing.
Sec. 16-6-2 Obstructions
It shall be unlawful for any person to occupy or place and object on the road or
walk on the
airport in a manner that hinders or obstructs its proper use.
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16-6-3 AIRPORTS 16-7-4
Sec. 16-6-3 Picket Lines
It shall be unlawful for any person to walk in a picket line as a picket or take part
in a labor
or other public demonstration on any part of the airport except in a place
specifically
assigned by the director for picket lines or other public demonstrations.
Article 16-7 USE OF GATE POSITIONS
16-7-1 Authorization Required
16-7-2 Passengers
16-7-3 Explosives; Flammable Materials
16-7-4 Repairs
Section 16-7-1 Authorization Required
It shall be unlawful for any person to use an aircraft gate position on the airport
unless he
has been authorized to use it.
Sec. 16-7-2 Passengers
Except in an emergency, it shall be unlawful for any person to emplane or
deplane
passengers on the airport in an area that has not been established for that
purpose by the
director.
Sec. 16-7-3 Explosives; Flammable Materials
It shall be unlawful for any person to park an aircraft which is carrying explosives
or
flammable materials, nor shall he load or unload such items on or from such
aircraft, other
than in areas designated by the director.
Sec. 16-7-4 Repairs
It shall be unlawful for any person to repair an aircraft while it is parked at the
gate position
except for minor adjustments.
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16-8 AIRPORTS 16-8
Article 16-8 FIRE HAZARDS AND FUELING OPERATIONS
16-8-1 Fuel Deliver and Dispensing
16-8-2 Cleaning Fluids
16-8-3 Open Flame Operations
16-8-4 Smoking
16-8-5 Storage
16-8-6 Apron Surface Areas and Floor Surface
16-8-7 Doping
16-8-8 Fueling Operations
16-8-9 Uniform Fire Code
16-8-10 Inspections
Section 16-8-1 Fuel Delivery and Dispensing
A. It shall be unlawful for any person to transport or deliver aviation fuels on the
airport
unless he is the holder of a valid permit with the town authorizing such activity.
B. It shall be unlawful for any person to dispense fuels into an aircraft unless he
is the
holder of a valid permit with the town authorizing such activity, except after hours
when said authorized personnel are not available. Any person self-fueling an
aircraft after hours shall comply with the requirements of Section 16-8-8 of the
Town
Code.
Section 16-8-2 Cleaning Fluids
It shall be unlawful for any person to use a flammable or volatile liquid having a
flash point
of less than one hundred degrees Fahrenheit to clean an aircraft, aircraft engine,
propeller
or appliance in an aircraft hangar or similar type building, nor within fifty feet of
another
aircraft, building or hangar.
Section 16-8-3 Open Flame Operations
It shall be unlawful for any person to have in his possession an open flame,
flameproducing
device, or other source of ignition in any hangar or similar type of building
except in locations approved by the director.
Section 16-8-4 Smoking
It shall be unlawful for any person to smoke on any apron or ramp, in any hangar
or shop,
in any aircraft or in any other place on the airport where smoking is specifically
prohibited
by the director.
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16-8-5 AIRPORTS 16-8-8
Sec. 16-8-5 Storage
A. It shall be unlawful for any person to store or stock material or equipment on
the
airport in a manner that constitutes a fire hazard.
B. It shall be unlawful for any person to store any combustible materials,
flammable
liquids or other hazardous materials in an aircraft hanger or other building on the
airport except in locations and containers approved by the Wickenburg fire
department.
Sec. 16-8-6 Apron Surface Areas and Floor Surface
Each person to whom space on the airport is leased, assigned or made available
for use
shall keep the space free and clear of oil, grease, or other foreign materials that
could
cause a fire hazard or slippery or otherwise unsafe condition.
Sec. 16-8-7 Doping
A. It shall be unlawful for any person to conduct a doping process on the airport
except
in a properly designed fire resistive and ventilated room or building in which all
lights, wiring, heating, ventilating equipment, switches, outlets and fixtures are
approved for use in such hazardous areas, and in which all exit facilities are
approved and maintained for such use, or except in an open area as designated
by
the director.
B. It shall be unlawful for any person to enter or work in a dope room while
doping
processes are being conducted unless he is wearing sparkproof shoes.
Sec. 16-8-8 Fueling Operations
A. It shall be unlawful for any person to fuel or defuel an aircraft on the airport
while:
1. Its engine is running or is being warmed by applying external heat;
2. It is in a hanger or enclosed space;
3. Passengers are in the aircraft unless a passenger loading ramp is in place at
the cabin door, the door is open, and a cabin attendant is at or near the door.
A “no smoking” sign shall be displayed in the cabin and the rule enforced.
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B. It shall be unlawful for any person to knowingly start the engine of an aircraft
on the
airport if there is any gasoline or other volatile flammable liquid on the ground
beneath it of sufficient quality to constitute a hazard.
C. It shall be unlawful for any person to operate a radio transmitter or receiver, or
switch electrical appliances on or off, in an aircraft on the airport while it is being
fueled or defueled.
D. During the fueling of an aircraft on the airport, the dispensing apparatus and
the
aircraft shall both be grounded in accordance with orders instructions of the
director.
E. Each person engaged in fueling or defueling on the airport shall exercise care
to
prevent the overflow of fuel, and shall have readily accessible and adequate fire
extinguishers.
F. During the fueling or defueling of an aircraft on the airport, no person shall,
within
fifty feet of that aircraft, smoke or use any material that is likely to cause a spark
or
be a source of ignition.
G. Each hose, funnel or appurtenance used in fueling or defueling an aircraft on
the
airport shall be maintained in a safe, sound and non-leaking condition and must
be
properly grounded to prevent ignition of volatile liquids.
Sec. 16-8-9 Uniform Fire Code
All persons shall comply with the provisions of the most recently adopted Uniform
Fire
Code of the town.
Sec. 16-8-10 Inspections
The town fire chief or his duly authorized representatives shall inspect monthly,
or as often
as may be necessary, all buildings and premises for the purpose of ascertaining
and
causing to be corrected any conditions which would reasonably tend to cause fire
or
contribute to its spread or endanger life or property from fire. All orders, notices
or
recommendations of the town fire chief shall be complied with by all persons
without delay.
Article 16-9 OBLIGATION OF TENANTS
16-9-1 Use of Premises
16-9-2 Trash Containers
16-9-3 Storage of Equipment
16-9-4 Right of Inspection
16-9-5 Provisions Incorporated Into Lease Agreements
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16-9-1 AIRPORTS 16-9-5
Section 16-9-1 Use of Premises
No lessee or sublessee of airport property shall knowingly allow that property to
be used or
occupied for any purpose prohibited by this chapter.
Sec. 16-9-2 Trash Containers
A. It shall be unlawful for any tenant, lessee, sublessee concessionaire or agent
of any
of them, doing business on the airport to keep uncovered trash containers on a
sidewalk or road or in a public area of the airport.
B. It shall be unlawful for any person to operate a vehicle for hauling trash, dirt or
any
other material on the airport unless it is built to prevent its contents from
dropping,
sifting, leaking or otherwise escaping.
C. It shall be unlawful for any person to spill dirt or any other material from a
vehicle
operated on the airport.
Sec. 16-9-3 Storage of Equipment
It shall be unlawful for any lessee or sublessee of a hanger, shop facility or other
operational area specified by the director on the airport to store or stack
equipment or
material in a manner to be a hazard to persons or property.
Sec. 16-9-4 Right of Inspection
The director, or his authorized representative, shall have the right at all
reasonable times
to inspect all areas under lease to or occupied by tenants.
Sec. 16-9-5 Provisions Incorporated Into Lease Agreements
The provisions of this chapter shall be deemed incorporated in every lease and
sublease
and violations of the provisions of this chapter or any rule or regulation issued
pursuant to
this chapter shall result in termination of said lease or sublease.
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16-10 AIRPORTS 16-10-2
Article 16-10 COMMERCIAL OPERATIONS
16-10-1 Policy
16-10-2 Prohibitions
16-10-3 Definitions
16-10-4 Insurance Requirements for Commercial Operations
Section 16-10-1 Policy
As the operator and proprietor of the airport, on behalf of the citizens of the town,
it is the
policy and intent of the council:
A. To operate the airport in a businesslike manner with as little cost as possible
to the
taxpayer through the imposition of fair and reasonable rentals, fees and charges.
B. To provide for both private and commercial aviation at the airport to the extent
practicable within physical, economical and environmental constraints.
C. To provide for the full range of on-base aeronautical support through private
enterprise consistent with the need for the service and the availability of space
and
physical facilities.
D. To protect airport patrons and users form unsafe and inadequate aeronautical
service and to maintain and preserve all airport facilities in a safe, secure, and
orderly condition.
E. To promote fair competition and not expose those who have lawfully
undertaken to
provide commodities and services at the airport to irresponsible or unethical
business or commercial activity on the airport.
F. To permit and provide adequate facilities for owner of general aviation aircraft
to
work on and service their own aircraft within such limits as may be imposed by
this
section or airport regulation for purposes of safety, preservation of airport
facilities,
and protection of the public interest.
G. To promote the utility, educational and recreational aspects of general
aviation.
Sec. 16-10-2 Prohibitions
A. It is unlawful for any person to engage in any business or commercial activity
on the
airport without a lease approved by the council , or by a sublease from a duly
authorized master lessee which is approved by the council. For the purposes off
this article, a
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16-10-3 AIRPORTS 16-10-3
“person” means any individual or group of individuals, including a company,
partnership, corporation or other association. This prohibition shall apply to
persons
who use the airport as a base for conducting their activity but whose officer or
other
place of business is not situated on the airport.
B. This prohibition does not apply to:
1. Aircraft operations in which the flight originates and terminates elsewhere
and the airport is utilized as a temporary stopping place for such purposes as
landings, refueling or other aeronautical service, or the embarking or
debarking of passengers, except in the case of charter or air taxi airlines.
2. Company or corporate-owned aircraft where personnel or products are
transported free of charge, the trip being merely incidental to the company’s
principal business and not, in itself, a major enterprise for profit.
3. Casual or isolated transactions such as sales by the owner.
4. Pilot training and flight instruction, including rental of aircraft related to such
training and instruction upon compliance with the following:
a. Written approval of the airport director is received; and
b. The person carrying on the activity has all necessary state and federal
certifications and licenses for pilot training and flight instruction.
5. Rental of aircraft upon compliance with the following:
a. Written approval of the airport director is received; and
b. The person carrying on the activity meets all state and federal
requirements.
Sec. 16-10-3 Definitions
For the purpose of this article, a “business or commercial activity” includes the
following
types of activities when done for hire, compensation or reward:
A. Retail sales of any goods, wares, merchandise or services.
B. Pilot training and flight instruction.
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16-10-4 AIRPORTS 16-11
C. Sale, rental or charter of aircraft.
D. Air carrier and air taxi operations.
E. Sale of aviation petroleum products.
F. Sales or service of aircraft parts, avionics, instruments or other aircraft
equipment.
G. Repair, maintenance, rebuilding, alteration or exchange of aircraft and aircraft
engines, components or other parts.
H. Flying clubs.
Sec. 16-10-4 Insurance Requirements for Commercial Operations
The airport director may require insurance, including commercial insurance, from
any
commercial operation at the airport. Such insurance requirement shall be set by
the
airport director and shall be not less than $1,000,000.00 combined single limit
coverage for
bodily injury and property damage, and shall name the town as an additional
insured. No
lease entered into pursuant to this article shall become effective until proof of
such
insurance is filed in the office of the airport director. Any person conducting a
commercial
operation at the airport releases and agrees to hold the town and its officers and
employees harmless and to indemnify them for any liability of loss resulting from
such suit.
The Town reserves the right to deny the use of the airport to any person who is
judged by
the director to be endangering the public safety, health and welfare.
Article 16-11 SPECIAL PROVISIONS PERTAINING TO HELICOPTERS
16-11-1 Use of Heliport Required; Permits for Use Other than at Heliports
16-11-2 Exceptions
16-11-3 Emergency Landings
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16-11-1 AIRPORTS 16-11-3
Section 16-11-1 Use of Heliport Required; Permits for Use Other than at
Heliports
A. Except as provided in Sections 16-11-2 and 16-11-3 herein, it shall be
unlawful to
take off or land in any area within the town limits in a helicopter, except on a
regularly established heliport or landing place, without firs t obtaining a permit to
do
so form the chief of police. The chief of police may issue a permit if the following
conditions are met:
1. The pilot is duly licensed by the Federal Aviation Administration.
2. The helicopter to be used is licensed by the Federal Aviation Administration.
3. The safety of lives of the inhabitants of the town will not be endangered by
the proposed flight or landing.
4. The noise attendant upon the flight or landing will not be detrimental to the
neighborhood.
5. Liability insurance in the amount of $1,000,000 combined single limit for
bodily injury and property damage has been obtained and is in effect.
Sec. 16-11-2 Exceptions
A. Helicopter take-offs and landings for the purposes hereafter enumerated may
be
made without a permit issued by the chief of police provided all other conditions
of
Section 16-11-1 herein have been met.
1. A take-off or landing by an authorized representative of the news media.
2. A take-off or landing to assist in investigating an accident or to remove
persons or property from the scene of an accident.
3. A take-off or landing to assist in a medical emergency.
4. A take-off or landing to assist the police department in any investigation
being conducted by the police department.
Sec. 16-11-3 Emergency Landings
The provisions of Section 16-11-1 herein shall not apply to helicopter landings
made
necessary by a helicopter emergency.
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16-12 AIRPORTS 16-13
Article 16-12 SPECIAL PROVISIONS PERTAINING TO ULTRALIGHT
VEHICLES
16-12-1 Compliance with Provisions of this Chapter Required; Compliance
with Federal Aviation Regulations Required
16-12-2 Separate Landing Field
16-12-3 Inspection Requirements
16-12-4 Hazardous Operations
Section 16-12-1 Compliance with the Provisions of this Chapter Required;
Compliance
with Federal Aviation Regulations Required
Persons operating ultralight vehicles as defined in Section 16-1-1 shall, in
addition to the
provisions of this article, comply with all other provisions of this chapter and of
the Federal
Aviation Regulations, Part 103.
Sec. 16-12-2 Separate Landing Field
The director may establish a separate landing field for use exclusively by
ultralight
vehicles. Such landing field shall be clearly marked and visible from the air at one
hundred
feet. If a separate landing field for ultralight vehicles is established, it shall be
unlawful for
ultralight vehicles to take-off or land at any landing field other than the landing
field
established for use by ultralight vehicles.
Sec. 16-12-3 Inspection Requirements
Any person operating an ultralight vehicle and using the airport shall, upon
request, allow
the director or his designee to inspect the vehicle to determine the applicability of
this
article.
Sec. 16-12-4 Hazardous Operations
No person may operate any ultralight vehicle in a manner that creates a hazard
to other
persons or property.
Article 16-13 RATES AND CHARGES
A schedule of rates and charges for use of the airport and its facilities shall be
established
by the council, and each person or organization subject to said rates and charges
shall
promptly pay the amounts due. A copy of such schedule shall be available at the
airport
office in the terminal building.
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