The city shall have the power to adopt, amend or repeal rules and regulations for the operation and maintenance of the airport. Such rules and regulations may include minimum standards for all aviation operations and businesses.
A. Compliance: No person shall operate or maintain any aircraft at the Deming municipal airport except in compliance with all ordinances, rules and regulations of the city, the state and the federal aviation administration, or any other applicable statute. All aircraft operators are responsible for knowledge of and compliance with all regulations pertaining to the operation being conducted. (Ord. 960, 12-8-1997)
B. Violation; Penalty: Any person who violates the provisions of this chapter may be found guilty of a misdemeanor and may be punished as provided in the general penalty in section 1-4-1 of this code. (Ord. 960, 12-8-1997; amd. 2001 Code)
C. Business Activities:
1. Written Approval Required: No person shall use the airport in any manner whatsoever for any commercial, profit, gainful, or revenue-producing purposes, without limitation to flight instruction, charter or air taxi operations or aircraft maintenance operations, without the written approval of the city, nor shall any person post, display, or distribute any commercial or noncommercial sign, circular, handbill or advertisement on the airport without the written prior approval of the airport manager.
2. Considerations: It shall be the policy of the city to consider requests from privately owned business entities to have access to the aeronautical surface:
a. When such access is determined to be in the best interest of the city;
b. When such entity has shown itself to be qualified for such access under these rules; and
c. If such entity and the city have entered into a written contract to assure compliance of rules and regulations adopted herein, by its owners, tenants, employees, agents and successors.
3. Use Of Common Areas: All business operators shall have the right in common with all others authorized to do business on Deming municipal airport to use common areas of the airport including runways, taxiways, ramps, aprons, roadways, lights, signals and reflectors for taxiing, takeoff, flying and landing of aircraft.
4. Responsible Conduct: All business operators shall conduct their activities and render their services in a safe, responsible, courteous and efficient manner and be solely responsible for the acts of their employees, agents and tenants.
5. Compliance With Requirements; Display Permits: All business operators shall observe and comply with all laws, ordinances, rules and regulations of the United States, the state of New Mexico, and the city, and display any and all permits and licenses required to show compliance.
6. Insurance: All business operators shall, at their own expense, provide insurance in a manner and form acceptable to the city on the basis of a general policy issued by an underwriter listed with the New Mexico insurance commission. Coverage for general liability, personal injury, product and completed operations liability, and hangar keepers care and custody shall be provided in the amounts as may by required by the city. The city will be named as an additional insured. The city requires that the underwriter notify the city of any pending policy cancellation at least thirty (30) days before the terminal date. No business or organization will be permitted to commence operations until and unless the city has in its possession a certificate of insurance showing the period covered, types and amounts of insurance written and designation of the city as named insured.
7. Nondiscrimination Policy: Since the city has accepted federal assistance funding for airport improvement and maintenance, the nondiscrimination requirements of title 49 USC apply to all business activities on the airport. Any operator denying access to the services offered on the basis of race, sex, or national origin will face reentry and repossession of the leasehold and the improvements constructed thereon.
8. Sublease Requirements: Any business operator on the Deming municipal airport who subleases or grants a particular right to another from his leasehold shall include the required nondiscrimination statement from 14 CFR 152 in the sublease affected. Subleases must be approved in writing by the city. Minimum standards required to be met may be accomplished by a combination of personnel from the lessee and sublessee.
9. Interference With Surface Improvement Prohibited: The city reserves the right to further develop or improve the aeronautical surface without interference or hindrance.
10. Maintenance Of Surface And Facilities By City: The city reserves the right, but shall not be obligated, to maintain and keep in repair the aeronautical surface of the airport and all publicly owned facilities thereon.
11. City Agreements With U.S. Government Prevail: All forms of business operators' contracts and agreements regarding development, maintenance and operation of the airport are subordinated to the provisions of agreements between the city and the United States government.
12. Exclusive Right Not Granted: Nothing in any of the rules and regulations for the operation of the airport shall be construed to grant an exclusive right within the meaning of 49 USC 1349.
13. Limitation On Surface Rights: Business operators' right to access of the aeronautical surface may be modified by whatever rights are exercised by the federal government in time of war or national emergency.
14. Length Of Lease: All agreements for access to the airport shall be of sufficient duration as to permit reasonable recovery of the investment made by the operator. This effectively ties length of the lease to the investment made. The city will not bind itself to unnecessarily long lease terms that could act to limit future airport development. Those operators making substantial investment to provide services to the airport's intended aviation users may obtain agreements of longer duration, though any lease with a term exceeding five (5) years shall have provisions for periodic review and renegotiation at intervals not to exceed five (5) years.
15. Business Location: The locations of any site for any business shall be determined by the city in keeping with its airport master plan.
16. Fair Rates: The city shall establish fair and equitable rental, lease and fee rates applicable to airport property, which may be amended from time to time. These rates shall be uniform for all business operators making the same or similar use of equivalent airport facilities. Payments required to be made to the city must be paid in a timely manner. Lease and fuel flowage fees are due and payable on the fifteenth of the month of the month incurred. Late fees of twenty five dollars ($25.00) or one percent (1%) of the total due, whichever is greater, shall be assessed monthly if paid later than five (5) days after the due date.
17. Maintenance Of Facilities By Leaseholders: All structures, signs, driveways, curbs, walkways, aprons, dedicated taxiways and aircraft service ramps, fuel storage and dispensing facilities, irrigation and watering systems and landscaping, whether owned by the operator or leased from the city shall be maintained in first-class condition by the leaseholder and shall be treated, repaired and repainted at such intervals as may be required by the city.
18. Ground Traffic Flow: The city reserves the right to establish ground traffic flow on the airport including ingress and egress points at each business operations site.
19. Hazardous Conditions: In the event of a leak or spillage of any hazardous material, the business owner or his employees or agents shall promptly notify the airport manager, city fire department or the city administrator. (Ord. 960, 12-8-1997)