§ 92.04 AUTHORITY TO REGULATE.
   (A)   The owner has the right to and does hereby regulate all commercial enterprises using the airport as a base of operation, whether the operation is aeronautical or otherwise. No commercial operation of any kind shall be conducted on the airport unless specifically authorized by the owner.
   (B)   A flying club is recognized as a plan for the joint ownership of aircraft and the fair distribution of the cost of maintaining and operating the aircraft. This operation is not considered to be commercial in nature so long as there is no profit or for-hire motive involved in the operation. In all cases, the owner will determine if the operation of a flying club is commercial. If determined to be commercial, the club shall conform to the commercial operation standards enforced by the town.
   (C)   The use of the airport or any of its facilities shall create an obligation on the part of the user thereof to obey all of the regulations herein provided and adopted by the owner.
      (1)   The privilege of using the airport and its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof, and the user shall release and hold harmless the owner, its officers and employees from any liability or loss resulting from use of the airport or facilities by the user.
      (2)   The privilege of using the airport or facilities thereof shall be upon the further condition that any person, corporation or any others desiring to use the airport or facilities shall furnish, upon request, a policy of indemnity against personal injury and/or property damage incurred by the user.
   (D)   Any person violating any of the airport rules and regulations may be punished as provided by law or ordinance or, at the discretion of the owner, may be deprived of the use of the airport facilities for a period of time as deemed necessary to be effective.
   (E)   No person shall solicit funds for any purpose, and no signs or advertisements shall be posted on airport property without the written permission of the owner.
   (F)   Garbage, refuse and other waste material shall be placed in receptacles provided for that purpose, and no person shall destroy, remove or disturb in any way buildings, signs, equipment, markers or any other property on the airport.
   (G)   No person shall store, keep, use dispense or transport at, in or upon the airport any Class A or Class B explosives (as defined in the Interstate Commerce Regulations for transportation of explosives and other dangerous articles), dynamite, nitroglycerine, black powder, fireworks, firearms and ammunition, blasting caps or other explosives, gasoline, alcohol, ether, liquid shellac, kerosene, turpentine, formaldehyde or other flammable or combustible liquids, ammonium nitrate, sodium chlorate, wet hemp, powdered metallic magnesium, nitrocellulose film, peroxides or other easily inflammable solids or other corrosive liquids, prussic acid, phosgene, arsenic, carbonic acid, potassium cyanide, tear gas, lewisite, anthrax, ricin, botulins or any Class A poison (as defined in the Interstate Commerce Regulations for transportation of explosives and other dangerous articles), or any other poisonous substances, liquids or gases, or any compressed gas, or any radioactive article, substance or material, at a time or place or in a manner or condition as to endanger unreasonably persons or property, and which has not been approved by the town or its designated representative.
   (H)   These regulations are not intended to amend, modify or supersede any provision of federal, state or local law, or any specific contractual agreement of the town with which they may conflict; provided, however, that these regulations shall, insofar as possible, be interpreted so that no such conflict shall exist.
   (I)   If any portion of these regulations shall be invalid or unenforceable, all other portions shall remain in effect and be construed to achieve the purposes hereof.
(Ord. eff. 6-9-2003)