SEC. 5-1. DEFINITIONS.

   In this chapter, unless the context requires otherwise,

      (1)   AIR OPERATIONS AREA (AOA) means all areas contained within the airport perimeter fence at Love Field and Executive Airport, including the movement area, ramp areas, hangars, and other facilities.

      (2)   AIRCRAFT means a device that is used or intended to be used for flight in the air.

      (3)   AIRPORT means Dallas Love Field, Dallas Executive Airport, and the Dallas Vertiport.

      (4)   AIRPORT OFFICIAL means an employee of the department of aviation authorized by the director to enforce this chapter.

      (5)   AIRPORT USE AND LEASE AGREEMENT means an agreement dated on or after October 1, 2008 by and between the city and an owner or operator of a commercial aircraft that is allowed the use or lease of a gate at an airport terminal building.

      (6)   AVIATION FUEL means fuel used in aircraft.

      (7)   COMMERCIAL AIRCRAFT means any aircraft operated for passenger, cargo, or other for-hire purposes on scheduled or non-scheduled flights.

      (8)   COMMERCIAL PASSENGER SERVICE AIRCRAFT means any aircraft operated for scheduled passenger service to or from Dallas Love Field.

      (9)   DEPARTMENT OF AVIATION means the city department having the authority over the operations, maintenance, or any use of the city's airports or other property specifically designated by the city manager.

      (10)   DIRECTOR means the director of the department of aviation, including any subordinate specifically authorized to act on his behalf.

      (11)   FEDERAL AVIATION ADMINISTRATION (FAA) means the agency of the United States Department of Transportation, which regulates airports and aircraft operations as well as airspace issues.

      (12)   FIXED-BASE OPERATOR (FBO) means a person who provides full-service aircraft maintenance, aircraft rental, passenger charger flight service, or fuel operations for compensation.

      (13)   GENERAL AVIATION AIRCRAFT means an aircraft that is not a commercial aircraft on scheduled or non-scheduled flights.

      (14)   INTERNATIONAL ARRIVAL means landing at Dallas Love Field after taking off from a location outside of the United States or a United States territory and using United States Customs and Border Protection services at Dallas Love Field.

      (15)   MOVEMENT AREA means runways, taxiways, and other areas of an airport that aircraft use for taxiing, takeoff, and landing, exclusive of loading ramps and parking areas, and that are used under the control of an airport traffic control tower.

      (16)   PERSON means any individual, partnership, corporation, or government entity.

      (17)   RESTRICTED AREA means any area in which the general public is not allowed as determined by the director in writing or by verbal directive during an emergency.

      (18)   SELF-FUELING OPERATOR means a person dispensing aviation fuel to aircraft that he owns, leases from others, or manages for others under a contract.

      (19)   TRANSPORTATION SECURITY ADMINISTRATION (TSA) means the agency of the United States, within the Department of Homeland Security, that regulates airport and aircraft security. (Ord. Nos. 8213; 24859; 31690)

SEC. 5-2. DEPARTMENT OF AVIATION CREATED.

   (a)   There is hereby created the department of aviation of the city of Dallas, the head of which shall be the director of aviation, who shall be appointed by the city manager. He shall be a person professionally competent by experience and training to manage the department.

   (b)   In addition to the director, the organization of the department of aviation shall be comprised of assistant directors and employees in positions formally authorized by appropriate action of the city council. Any person appointed to the position of assistant director shall have the powers and duties specifically assigned to him and also shall have authority to act in the capacity of director. The positions heretofore established, and the appointments thereto officially made, in order to provide personnel for the performance of the municipal functions required by this chapter, shall become positions and appointments in the department of aviation without any further official action. The civil service rules and regulations of the city shall apply to employees of the department of aviation. (Code 1941, Art. 13-1; Ord. Nos. 8212; 14384; 31690)

SEC. 5-3. DIRECTOR OF AVIATION - DUTIES GENERALLY.

   (a)   The director shall devote his entire time to the duties of his office, becoming familiar with the operation of airports. He shall particularly familiarize himself with the fees, rates, and charges to be set by the city council for the reception and care of aircraft and shall immediately recommend the same to the city manager, so that the proper fees, rates, and charges may be established for the landing and servicing of aircraft, and shall make accurate reports to the city controller and the city manager of all monies handled and charges made by the city for the care and reception of aircraft. Such fees, rates, and charges include any required to support the general operation of the airport as approved by the city council.

   (b)   The director shall be responsible for the care of all city property placed under his supervision, whether within the department of aviation or otherwise. From time to time, he shall establish suitable rules to be observed by all entities and facilities operating upon airport property to ensure safe, reliable, and orderly operations.

   (c)   The director shall exclusively manage, and may execute short term, month-to-month leases on, all functions, properties, and facilities situated on or having a relationship to any airport, whether such properties and facilities are directly related to aviation activities or not, except that the exclusive management of the Dallas-Fort Worth International Airport is and shall continue to be the responsibility of the board of directors of the Dallas-Fort Worth International Airport pursuant to its powers and duties as defined by the contract and agreement between the cities of Dallas and Fort Worth, Texas.

   (d)   The director shall be responsible for establishing policy, procedures, and rules consistent with the safe and efficient operation, management, and maintenance of all airport facilities and equipment, and for the enforcement of all ordinances, provisions, and rules governing airport operations. (Code 1941, Art. 13-2; Ord. Nos. 8212; 14384; 15279; 20858; 30240; 31690)

SEC. 5-4. PROMULGATION OF RULES AND REGULATIONS.

   The director is hereby authorized to promulgate rules and to supervise and direct the use, operation, and maintenance of all properties situated on or having relationship to any airport, whether such properties are directly related to aviation activities or not, and in a manner that will provide the most efficient, safe, and economical use of the properties in serving the public interest; except that the supervision, operation, and maintenance of the Dallas-Fort Worth International Airport is and shall continue to be the responsibility of the board of directors of the Dallas-Fort Worth International Airport pursuant to its powers and duties as defined by the contract and agreement between the cities of Dallas and Fort Worth, Texas. (Ord. Nos. 14384; 19300; 26492; 31690)

SEC. 5-5. AUTHORITY OVER PUBLIC AT AIRPORTS.

   The director, and his authorized assistants, shall at all times have authority to take action as may be necessary in the handling, conduct, and management of the public in attendance at any airport. (Ord. 8213; 31690)

SEC. 5-6. AUTHORITY TO SUSPEND OPERATIONS.

   The director shall have the authority to suspend operations on or from the airport when in his opinion conditions of the landing area or local meteorological conditions might make such operations unsafe. (Ord. 8213; 31690)

SEC. 5-7. AUTHORITY TO REMOVE VIOLATORS FROM AIRPORT PREMISES.

   Any person operating or handling any aircraft in violation of this chapter or refusing to comply therewith may be promptly removed or ejected from any airport by or under the authority of the director, and upon the order of the city council, may be deprived of the further use of any airport and its facilities for such length of time as may be required to insure the safeguarding of the same and the public and its interests therein. (Ord. 8213; 31690)

SEC. 5-8. COMPLIANCE WITH AIR COMMERCE REGULATIONS GENERALLY.

   No person may navigate any aircraft over, land upon, take off from, or service, maintain or repair any aircraft, or conduct any aircraft operations on or from an airport otherwise than in compliance with the federal aviation regulations of the Federal Aviation Administration or any other authority of the federal government. (Ord. Nos. 8213; 14384; 31690)

SEC. 5-9. INTEREST IN SALES, ETC.

   The director shall never be pecuniarily interested, directly or indirectly, in the sale of any aircraft, equipment, or accessories, or in any concessions of any kind serving the airports. Any violation of this provision may be grounds for his dismissal. (Code 1941, Art. 13-4; Ord. Nos. 8212; 14384; 31690)