A. Standard Requirements For All Aeronautical Activity: In order for any proposed agreement to be approved by the mayor, the following findings must be made:
1. That the applicant has a history of management and/or personnel with the ability in conducting the same or similar or comparable type of service or activity in a good and workmanlike manner.
2. That the applicant has the financial responsibility and ability to provide facilities and services proposed.
3. That the applicant has, or can secure, necessary certificates from the FAA or other authority where the same are required for the activity proposed.
4. That the applicant has, or can furnish, suitable indemnity insurance or bond to protect and hold the city harmless from any liability in connection with the conduct of the activity proposed.
5. That the applicant will provide the city with a performance bond equal to or not less than six (6) months' rental, or other revenue, to the airport.
6. That the applicant can meet the minimum standards herein stated for the activity requested. (1995 Code § 10-2-1)
B. Standards For Commercial Aeronautical Activities: All persons engaging in commercial aeronautical activities shall meet the following general requirements:
1. Insurance: Carry property damage, personal injury and comprehensive public liability insurance policies. The insurance shall not be less than one million dollars ($1,000,000.00) per occurrence general liability, with bodily injury liability of at least one hundred thousand dollars ($100,000.00) per person to a total of five hundred thousand dollars ($500,000.00) per occurrence and five hundred thousand dollars ($500,000.00) property damage per occurrence. Lower limits liability may be negotiated if the business can show lower liability exposure than is normally associated with aeronautical activity.
a. The policy shall state that the insurance company shall have no right of subrogation against the city.
b. Such insurance must name the city as a coinsured and provide for specific coverage of the contractually assumed obligation to indemnify the city.
c. The permittee/lessee must maintain a current, authenticated certificate of insurance on file with the city. Failure to do so is cause for immediate suspension of operations under the permit/lease.
d. The permittee/lessee shall indemnify and hold harmless the city against any responsibility for damage, death, injury or loss to persons and property which may occur during the permit/lease period or as a result of such use.
e. The permittee/lessee shall furnish a copy of the insurance policy to the mayor. The policy shall stipulate that the city be notified thirty (30) days in advance of the termination or modification of the policy. For multi-year operations, the insurance policy must be provided the first year, but each subsequent year, the mayor may accept a valid certification of insurance. Those permittee/lessees holding insurance policies which only insure the permittee/lessee's employees must ensure that their employees also have the required insurance in effect, and that a certificate of insurance is furnished by the city. For short term and seasonal operations, the insurance need only be valid during periods of actual use.
f. Provision of adequate building floor space, as determined by the mayor, meeting applicable laws and ordinances in which to carry on the commercial aeronautical activity.
2. Additional Regulations For Commercial Aeronautical Activities: Every person conducting the following specific commercial aeronautical activities shall meet the additional requirements as hereinafter set out:
a. A fixed base operator must engage in at least three (3) of the following commercial aeronautical activities: aircraft engine, airframe and accessory sales and maintenance; flight training; aircraft charter and taxi service; or other commercial aeronautical activities subject to the minimum standards set forth below pursuant to each specific activity. In addition, a fixed base operator must meet the following standards:
(1) Provide storage space sufficient to hangar craft.
(2) Provide and maintain clean and appropriately finished separate restrooms, labeled male and female, available to the general public.
(3) Provide a public telephone.
(4) Provide a clean, well maintained and finished waiting room and pilot lounge.
(5) Provide and maintain a hard surfaced parking area for at least four (4) aircraft.
b. Only fixed base operators shall be licensed to conduct aviation fuel and oil sales or service to the public or the airport and shall be required to provide:
(1) Two (2) grades of aviation fuel located in an approved storage facility.
(2) An adequate inventory of at least two (2) brands of generally accepted grades of aviation engine oil and lubricants.
(3) Property trained line personnel on duty.
(4) Adequate and sanitary handling and disposal, away from the airport, of all trash, waste and other materials, including, but not limited to, used oil, solvents and other waste. The piling and storage of crates, boxes, barrels and other containers will not be permitted within the leased premises.
(5) All refueling operations, procedures and equipment must be in compliance with applicable federal, state and local fire codes, ordinances and rules pertaining to fire safety as presently, or as hereinafter may be, adopted. These include, but are not limited to, the international building code, uniform fire code standards and national fire protection association standards.
c. Duly licensed commercial aeronautical entities may conduct private fueling services for aircraft owned and operated by each such entity subject to the approval of the airport manager and/or the mayor, subject to the following standards:
(1) Provision of approved fuel and oil storage facilities in a location designated by the airport manager.
(2) Provision of mobile fuel-dispensing equipment meeting all NFPA criteria to service aircraft.
(3) No refueling of any privately owned aircraft, other than by fixed base operators is permitted, except in designated fueling areas.
(4) Nothing herein shall be construed as waiving the fuel flowage fees, if any, to be paid to the city.
(5) All refueling operations, procedures and equipment must be in compliance with applicable federal, state and local fire codes, ordinances and rules pertaining to fire safety as presently, or as hereinafter may be, adopted. These include, but are not limited to, the international building code, uniform fire code standards, and national fire protection association standards.
d. All persons operating aircraft engine, airframe and accessory maintenance facilities to the public for hire shall provide:
(1) In case of airframe and/or engine repairs, sufficient hangar space to house any aircraft upon which such service is being performed.
(2) Suitable inside and outside storage space for aircraft awaiting repair or maintenance or delivery after repair and maintenance have been completed.
(3) Adequate shop space to house the equipment and adequate equipment and machine tools, jacks, lifts and testing equipment to perform top overhauls as required for FAA certification and repair of parts not needing replacements on all single engine land and light multi-engine land general aviation aircraft.
(4) At least one federal aviation administration certified airframe and power plant mechanic available eight (8) hours a day, five (5) days per week.
(5) Proper equipment for repairing and inflating aircraft tires, servicing oleostruts, changing engine oil, facilities for washing and cleaning aircraft, recharging or energizing discharged aircraft batteries and starters.
(6) Adequate towing equipment and parking and tie down area to safely and efficiently move aircraft and store them in all reasonably expected weather conditions.
e. All persons conducting flight training activities shall provide:
(1) At least one properly certified flight instructor.
(2) At least one dual equipped single engine land aircraft properly equipped and maintained for flight instruction and such additional types of aircraft as may be required to give flight instruction of the kind advertised.
(3) Adequate office and classroom space, and adequate mockups, pictures, slides, film strips or other visual aids necessary to provide proper ground school instruction.
(4) Properly certified ground school instructors providing regularly scheduled ground school instruction.
(5) Continuing ability to meet certification requirements of the FAA for the flight training proposed.
(6) Adequate facilities for storing, parking, servicing and repairing all its aircraft or satisfactory arrangements with other operators licensed or otherwise permitted by the mayor on the airport for such services.
f. Persons conducting an aircraft charter and/or air taxi service shall provide:
(1) Passenger lounge, restroom and telephone facilities.
(2) Adequate table, desk or counter for checking in passengers, handling ticketing or fare collection and handling luggage.
(3) Suitable, properly certified aircraft with properly certified and qualified operation crew, one of which shall be located at the airport and ready for departure during at least eight (8) hours of daylight operation, five (5) days per week, except for legal holidays.
g. Persons conducting an aircraft rental and sales activity shall provide:
(1) Suitable office space for consummating sales and/or rentals and the keeping of proper records in connection therewith.
(2) Hangar storage space for at least one aircraft to be used for sales or rental.
(3) For rental, at least one airworthy aircraft suitably maintained and certified.
(4) Adequate facilities for servicing and repairing the aircraft or satisfactory arrangements with other operators licensed by the mayor on the airport for such service and repair.
(5) The minimum stock of readily available expendable parts, or adequate arrangements for securing spare parts required for the type of aircraft and models sold.
(6) Current up-to-date specifications and price lists for types and models of new aircraft sold.
(7) Proper checklists and operating manuals on all aircraft rented and adequate parts catalogue and service manual on new aircraft sold.
h. Persons conducting aircraft commuter and air carrier service shall provide:
(1) An adequately manned and operated terminal facility, including ticket and operations counter area, lounge and restroom facilities.
(2) A published schedule of operating times and rates.
(3) Reservations service with continuity of communication with public which will help to prevent overbooking, provide ease of tickets purchased, and cancellations, and provide interline reservations.
(4) Baggage handling service.
(5) Satisfactory evidence or reliability and responsibility, including FAA operating permit.
(6) Operator shall furnish airport reports on operations on a monthly basis.
i. Commercial aeronautical activities other than those listed above, such as paint and upholstery shops, propeller shops, avionics shops, may also be operated on the airport. General standards will be as directed by the mayor or the airport manager and shall be in compliance with applicable local, state and federal rules and regulations.
j. Any person conducting a combination of the specific activities listed herein shall not be required to duplicate the requirements if the combination is sufficient to meet the requirements of the separate activity to be conducted.
3. Noncommercial Aeronautical Activities: Every person conducting the following specific noncommercial aeronautical activities shall meet the requirements hereinafter outlined:
a. Persons seeking to operate flying clubs shall be required to:
(1) Furnish the airport manager with a current roster of all officers and directors, including places of residence, business address and the telephone numbers, who are responsible for compliance by their members with all regulations of the airport.
(2) Document that the flying club, or any individual member thereof, is not providing instruction for other than its members, and is not engaging in charter service or in any other commercial aeronautical activity at the airport.
(3) Register all aircraft owned, leased or used by the flying club with the airport manager.
(4) Assure that each aircraft operated, owned or leased by the flying club is in full compliance with air worthiness requirements of the appropriate federal agency.
(5) Provide each aircraft owned by the flying club with valid and current aircraft liability insurance coverage in the following amounts: aircraft general liability, one million dollars ($1,000,000.00); bodily injury, two hundred thousand dollars ($200,000.00) each person, five hundred thousand dollars ($500,000.00) each accident; property damage, five hundred thousand dollars ($500,000.00) each accident. Certificates of such insurance coverage shall be filed with the airport manager and the policy shall contain a provision whereby such insurance may be cancelled only after giving thirty (30) days' written notice to the mayor at the city offices.
b. Other commercial or noncommercial activities may also be conducted at the airport subject to the issuance of a permit as set forth herein. The general standards stated above shall be applied as deemed appropriate by the mayor, upon the recommendation of the airport manager. (1995 Code § 10-2-2)