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For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIRPORT. The Municipal Airport.
AIRPORT MANAGER. The officer or representative of the town having immediate charge of the airport.
FAA. The Federal Aviation Administration.
NTSB. The National Transportation Safety Board.
OWNER. The Town of Elkin.
PERSON. An individual, partnership, firm, association or corporation.
(Ord. eff. 6-9-2003)
The Airport Manager shall, at all times, have authority to take any reasonable action as may be necessary to enforce these regulations and to efficiently manage the airport and its operations. In any contingencies not specifically covered by these rules and regulations, the Airport Manager shall be authorized to make any reasonable rules and decisions as may be necessary and proper to ensure continued normal operation of the airport.
(Ord. eff. 6-9-2003)
(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)
(A) Unless authorized by the Airport Manager, no highway or automotive vehicles shall be operated on the airport except on roadways, parking areas and the like, that are specifically designed for those vehicles. The vehicles shall not be parked on ramp or apron areas or in any area where it would be possible to interfere with the ground movements of aircraft except for the very temporary parking to facilitate loading or unloading of aircraft baggage. No other parking of vehicles on apron or ramp areas will be permitted except by express permission of the Airport Manager to accomplish a necessary airport purpose, service or inspection.
(B) No person shall operate any vehicle in a careless or negligent manner or in disregard for the safety of others, or in excess of posted speed limits. Aircraft shall have the right-of-way over ground vehicles at all times.
(C) Any accident or incident involving injury or property damage shall be reported to the Airport Manager.
(D) No person shall clean or make any repairs to motor vehicles anywhere on the airport other than in designated shop areas, or as approved by the town, except those minor repairs necessary to remove the motor vehicles from the airport; nor shall any person move, interfere or tamper with any motor vehicle or put into motion the engine, or take or use any motor vehicle part, instrument or tool thereof, without the written permission of the town, or satisfactory evidence of right to do so duly presented to the town or its designated representative.
(E) The town or its designated representative shall have the authority to tow or otherwise move motor vehicles which are parked by their owners or operators on the airport in violation of these regulations, at the owner’s expense and without liability for damage which may result in the course of towing or moving.
(F) Lessees and passengers may park their vehicles in their respective hangars while the aircraft is in use. No vehicle may be left in hangars for a period in excess of 24 hours unless the aircraft is in use.
(Ord. eff. 6-9-2003)
(A) FAA air traffic rules and regulations governing the operation of aircraft in effect as of this date, including additions, are made a part of these airport rules and regulations as fully as if set forth herein.
(B) Aircraft engines shall be started and run up only in places designated for that purpose. At no time shall engines be run up in such a manner as to allow the prop or jet blast to significantly impact persons, other aircraft, vehicles or any building or attachments thereof. At no time shall aircraft engines be run up inside hangars or any other building on airport property and at no time shall prop or jet blast be directed toward a building or any occupied open area.
(C) No aircraft shall be parked or stored at the airport except in the areas designated for that use.
(D) At the direction of the Airport Manager, the owner, pilot or operator of any illegally parked aircraft on the airport shall move the aircraft to a legally designated parking area on the airport. If the operator refuses to comply with the directions, the Airport Manager or other airport personnel may tow the aircraft to that place, at the aircraft owner or operator’s expense and without liability for damage which may result from the moving.
(E) In the event of an accident involving an aircraft, the airport owner may, in compliance with FAA and/or other governmental regulations, move damaged aircraft from the landing areas, ramps, aprons or other areas at the expense of the aircraft owner and without liability to the airport for any damage resulting from moving the aircraft.
(F) The pilot of an aircraft which is involved in an accident or incident on airport property which causes personal injury or damage to property, shall report the accident or incident to the Airport Manager or airport personnel. In the event that the pilot is unable to make the report, the owner or his or her designated agent shall make the report. This report in no way relieves the pilot from making a full report to the FAA and/or NTSB.
(G) Any airport property damaged or destroyed by an accident or otherwise shall be replaced or repaired by parties responsible at the discretion of the town. In any case, the town shall be compensated in full for the damaged airport property by the party or parties responsible for the damage or destruction.
(H) The airport owner shall have the authority to detain any aircraft for nonpayment of any charges due.
(I) All takeoffs and landings shall be confined to the runways, and all movements of aircraft shall be confined to the hard surfaced areas.
(J) No person or persons, except airmen, duly authorized personnel, passengers going to or from aircraft or persons being personally escorted by airport attendants shall be permitted to enter the landing area proper, taxiways or apron areas. However, this does not give any person or persons so excepted the privilege of unrestricted use of the airport. These privileges are confined to the necessary use of these spaces in connection with flights, inspections and routine duties.
(K) The following shall apply to landing or taxiing aircraft carrying or suspected of carrying explosives:
(1) Persons having knowledge of an aircraft carrying or suspected of carrying explosive materials will so advise the town or its designated representative; and
(2) Aircraft having passengers aboard will unload passengers on the outer extremities of the airport terminal ramp and then immediately be moved to the taxiway hold line adjacent to the runway. (Only engines affecting unloading of passengers should be shut off to enable subsequent moving of aircraft with a minimum of delay.)
(L) Any aircraft carrying or suspected of carrying explosives shall be inspected and shall have a subsequent declaration of safety or contamination conducted by the owner of the aircraft or his or her authorized agent, and shall be accomplished immediately after parking and evacuation.
(M) No person shall enter the terminal building of the airport with a dog or animal (without the express permission of the town or its designated representative) except seeing-eye dogs, or dogs or other animals which are to be transported by air and are properly restrained by leash or properly confined.
(Ord. eff. 6-9-2003)
(A) No aircraft shall be fueled or drained while the aircraft engine is running or while the aircraft is in a hangar or enclosed area.
(B) During all fueling operations, the aircraft shall be grounded by an approved method.
(C) Smoking or lighting an open flame within 50 feet of any fueling operation is prohibited.
(D) Fuel trucks shall be parked at least 50 feet from buildings.
(E) No fuel storage and/or dispensing equipment shall be installed or used at the airport without prior written approval of the town.
(Ord. eff. 6-9-2003) Penalty, see § 92.99
(A) No person shall start an open fire on airport property without written permission of the Airport Manager.
(B) No person shall store flammable material or equipment, use flammable liquids or gases or allow his or her premises to become in such a condition as to violate in any manner the Fire Code in force at the Municipal Airport.
(C) Tenants of hangars and rented or leased buildings shall provide suitable fire extinguishers and equipment, and the extinguishers or fire equipment shall be kept in good working condition as recommended by the Fire Marshal and have a current required inspection date.
(D) Tenants and persons renting or leasing buildings or other airport property are required to keep the premises clean and clear of all rubbish, junk, debris, old aircraft and vehicles or any other unsightly objects. If, after warning by the Airport Manager, the area is not cleaned, cleaning will be done by airport personnel, and the cost of the cleaning will be billed to the tenant or person.
(Ord. eff. 6-9-2003) Penalty, see § 92.99
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