(A) Prohibitive nature of this chapter. It shall be unlawful for any person to do any act prohibited by this chapter, or to fail or refuse to do any act required by this chapter.
(Prior Code, § 10-12-1)
(B) Right to enforce. The county shall maintain the right to charge and prosecute under the terms of this chapter, or to take such other remedial actions as are described under § 154.002 of this code, even in those cases wherein the Federal Aviation Administration may be taking separate action against a violator.
(Prior Code, § 10-12-3)
(C) Removal of violators. In addition to, or in lieu of, the criminal action sanctions outlined above, the county and its duly authorized agents shall be empowered to impose the following control measures.
(1) Airport management may summarily remove or eject from the airport, or through the aid of the County Sheriff’s Department, cause to be removed from the airport, any person who, in violating a provision of this chapter, is clearly creating a situation that seriously endangers themselves, others or property. Such action will be followed by hearing of the matter before the County Commission.
(2) Any person who demonstrates a pattern of frequent noncompliance with the provisions of this chapter, even when such noncompliance may not create the risk of personal injury or property damage, and who does not then respond appropriately to counseling by airport management, shall be the subject of a hearing before the County Commission.
(3) A hearing before the County Commission to address a situation described in divisions (A) or (B) above shall be for the purposes of determining whether that person should be denied future use of the County Airport, and if so, for what duration of time. Any person who is the subject of such hearing shall have the right and opportunity to introduce and explain any mitigating circumstances, along with the right to have testimony by any eyewitnesses heard. Should the subject of a hearing choose not to appear during the hearing, the County Commission may act as fully as though the subject were present.
(Prior Code, § 10-12-4)
(D) Grievance procedure. Any person who has cause to question the validity of a decision of airport management or who may be aggrieved because of the accusation of noncompliance with a provision of this chapter or who considers that compliance with a particular provision(s) of this chapter would create a severe hardship, may formally request a hearing on the matter before the County Commission. Subsequent action will then proceed as follows.
(1) The County Commission shall hear any grievance within 30 days of receiving written notice of complaint and shall provide written notification to the complainant of the time/date of the hearing.
(2) The complainant shall be allowed to present all relevant evidence, records and testimony at this hearing.
(3) The County Commission shall issue written findings of fact and a decision within 15 working days of any hearing.
(4) Any aggrieved who is not content with a decision of the County Commission may make appropriate appeal through the court system.
(Prior Code, § 10-12-5)
(Ord. 10-09, passed 10-4-2011) Penalty, see § 154.999