CHAPTER 985
Municipal Airport

985.01   Duties of the Airport Manager.

985.02   Airport deemed private property.

985.03   Applicability of other laws on the Airport.

985.04   Use of City Airport; compliance.

985.05   Commercial activities.

985.06   Applications.

985.07   Duties of licensee.

985.08   Sanitary facilities.

985.09   Erection of structures controlled.

985.10   Licensees to be insured.

985.11   Terms of leases.

985.12   Aeronautical activities.

985.13   Assumption of liability.

985.14   Personal conduct.

985.99   Penalty.

CROSS REFERENCES

      Aeronautics - see Ohio R.C. Ch. 4561

      Airports - see Ohio R.C. Ch. 4563

      Airports and temporary fields - see OAC Ch. 5501: 1-1

      Heliports - see OAC Ch. 5501:1-5

985.01 DUTIES OF THE AIRPORT MANAGER.

   (a)    Subject to the supervision and control of the Service Director, the Airport Manager shall direct the operation, management and promotion of the Airport and all aviation activities over which the City has jurisdiction.

   (b)    The Manager is authorized to carry out the provisions of this chapter and provide for the safe and efficient operation of the Airport, including:

      (1)    Designating the areas of the Airport which are to be air operations and restricted areas.

      (2)    Regulating the conduct of persons within the air operations area, restricted areas, and other areas of the Airport which he deems necessary and desirable for the safety or welfare of persons, for the protection of property, or for the efficient operation or security of the Airport; provided, however, that regulations relating to vehicular traffic on access roads and parking areas at the Airport shall be concurred in by the Director and the City Engineer.

   (c)    Such rules and regulations shall be adopted in accordance with the procedure prescribed by the City. A copy of such rules and regulations shall be maintained at the office of the Manager and shall be available for public inspection during normal business hours.

(Ord. 84-113. Passed 4-17-84.)

985.02 AIRPORT DEEMED PRIVATE PROPERTY.

   The Airport, now or hereafter existing, and the property comprising the same, shall be deemed to be held and operated by the City in a proprietary capacity, and the City as owner shall have all rights with respect thereto as a private owner and operator thereof would have. Those areas of the Airport which now are, or hereafter may be, used for vehicular traffic, including but not limited to access roads and parking areas, are not dedicated to or for the use of the public as public streets and are not a part of the public street system of the City; the land on which such access roads and parking areas are, or may hereafter be located is declared to be an integral part of the Airport on which such access road or parking area is located. No person shall have any vested right to use the Airport or any portion thereof except to such extent as may be granted by the City, or its duly designated representatives, through the issuance of a permit or other authorized procedure. (Ord. 84-113. Passed 4-17-84.)

985.03 APPLICABILITY OF OTHER LAWS ON THE AIRPORT.

   (a)    Applicability of Federal Laws Relating to Air Traffic. In order to protect and prevent undue burdens upon air commerce, the air traffic rules and regulations promulgated by and under the authority of the laws of the United States shall be deemed a controlling part of this chapter, whether the aircraft is engaged in a commercial or noncommercial activity, or in foreign, intrastate or interstate navigation or flights, and whether or not the aircraft is registered or is navigating or flying in a civil airway. All laws and regulations pursuant thereto governing air traffic and aircraft operations now or hereafter enacted by Congress or promulgated pursuant to its authority are hereby adopted by reference, made a part hereof, and declared applicable to all airports, as fully as if the same were completely set forth herein, and this chapter shall be deemed to be supplemental and additional thereto and in aid thereof. In the event that any provision of this chapter or any other ordinance of the City, or any regulations promulgated under any such ordinance shall be repugnant to any such Federal law or regulations governing air traffic and aircraft operations, such Federal law or regulation shall be controlling. The City retains the right, however, to set and require higher or more restrictive criteria unless expressly prohibited from doing so by such Federal laws or regulations.

   (b)    Ground Traffic Laws and Ordinances. All traffic laws of the State and all ordinances and regulations of the City applicable in any manner to the public streets generally of the City, or to the use thereof or traffic thereon, shall apply to and be in force with respect to the access roads and parking areas at the Airport and to the use thereof and traffic thereon, and any provision now or hereafter contained in the Codified Ordinances applicable to public streets within the City shall apply to access roads and parking areas of the Airport.

   (c)    Applicability of Other Laws. All laws of the United States and the state of Ohio, and all ordinances of the City and all rules and regulations promulgated under any of the foregoing are made a part hereof and declared applicable on the property of the Airport, as fully as if the same were completely set forth herein. (Ord. 84-113. Passed 4-17-84.)

985.04 USE OF CITY AIRPORT; COMPLIANCE.

   (a)    General Prohibition. Unless otherwise provided by the City, no person, except air passengers and their parties, and except the patrons, guests, invitees, licensees and employees of persons holding permits to engage in aeronautical activities or commercial activities, shall enter upon or use the facilities of the Airport without first obtaining permission from the City, as may lawfully be required.

   (b)    Compliance with Law. Any permission granted by the City herein or pursuant to this chapter, either directly or indirectly, expressly or by implication, to any person to enter or to use the Airport, or any part thereof, is conditioned upon strict compliance with this chapter as from time to time amended, and all valid rules, regulations, policies and procedures promulgated by the City.

   (c)    Permitted Use by General Public. Members of the general public shall be permitted to use those areas of the City Airport designated by the Airport Manager for use by the general public for the purpose for which such areas are intended and designated to be used; provided, however, that no member of the general public shall use the Airport or any part thereof for the conduct of any commercial activity without first obtaining permission from the City authorizing him to conduct such commercial activity at the Airport. The use of the Airport by any person for the purpose of enplaning and deplaning on a flight conducted in connection with a commercial activity shall not be deemed to constitute the conduct of a commercial activity for purposes of this chapter. The providing of transportation to any person without charge to or from the Airport shall not be deemed to constitute the conduct of a commercial activity, even though the person so transported is a business associate, customer or prospective customer of the person furnishing such transportation. (Ord. 84-113. Passed 4-17-84.)

985.05 COMMERCIAL ACTIVITIES.

   (a)    Permit Required. Except as provided in Section 985.04, or otherwise provided by the City, no person shall conduct any commercial activity on the Airport unless he first obtains a permit as defined herein from the City authorizing him to conduct such commercial activity at the Airport.

   (b)    "Permit" Defined. "Permit", as used herein, includes leases, space use permits, concession agreements, franchise agreements, landing fee agreements, and other written or oral grants of permission from the City to use the Airport, as may be lawfully required and issued. (Ord. 84-113. Passed 4-17-84.)

985.06 APPLICATIONS.

   Persons, firms or corporations desiring leases, licenses, concessions or grants shall submit to the City a written request for such privileges as are desired including a description of the proposed operation, a certified financial statement, and the names and addresses of all principal persons interested in the matter. Applicants deemed financially unable to successfully carry out the proposed operation, in the judgment of the Director of Public Service, shall not be granted operation rights. (Ord. 84-113. Passed 4-17-84.)