(A) Use of airport restricted. No person, partnership, association, corporation or entity, incorporated or otherwise, shall use the airport for any commercial activity, unless approved in writing by the city council. No person shall occupy the roads or walks in such a manner as to hinder or obstruct their proper use by others. No person shall drive any vehicle across or upon any lawn or grass area, sidewalk or curb except by permission of the Airport Manager on duty or except as necessary to service or maintain airport facilities. No person shall travel on the airport other than on the roads, walks or places provided for the use of that particular class of traffic.
(B) Federal air traffic rules. Rules of the Federal Aviation Administration (FAA) for aircraft operated within the United States, and presently or hereafter effective, are hereby referred to, adopted, and made a part hereof as though fully set forth and incorporated herein.
(C) Safeguard of persons and property. The Airport Manager shall at all times have authority to take necessary and legal actions to safeguard any person, aircraft, equipment, or property at the airport.
(D) Hangars. Buildings or structures owned by the city may be leased to private individuals, companies, or corporations on a monthly or yearly basis for the storage of aircraft and ancillary aircraft equipment or to conduct a commercial fixed base operation (FBO).
(E) Through the fence operations prohibited. No private individual, partnership, FBO, company, corporation, or political entity shall be permitted direct ground access to the airport by their aircraft, customers' aircraft, or private vehicle from property adjacent to or in the immediate vicinity of the airport. Furthermore, no private individual, partnership, company, corporate, political entity, or customers' aircraft or vehicle shall be permitted direct ground access to property from the airport - a practice commonly known as a "through the fence operation." Under extenuating circumstances, the City Council may allow certain through the fence operations on a case-by-case basis.
(F) Unauthorized signs and equipment. No signs, nonaeronautical equipment, portable buildings, or trailers may be erected, moved in, or installed on the airport property, except as may be specifically authorized by the Airport Manager.
(G) Surreptitious activities. Any person observing suspicious, unauthorized or criminal activities should report such activities immediately to the Airport Manager, local police, officers of the Texas Department of Public Safety, or other police officers.
(H) Wrecked aircraft. Every aircraft owner, pilot, or agent shall be responsible for notifying the FAA, when required by Federal Air Regulations or the National Transportation Safety Board and shall promptly remove disabled or wrecked aircraft from the operational areas of the airport, under the direction of the Airport Manager. Upon notification and demand by the Airport Manager, either orally or in writing, to the owner or operator of any motor vehicle, aircraft or disabled equipment or parts left on the airport, it shall be the duty of the owner or operator to remove the same at his/her own expense. If, after such demand, the owner or operator fails or refuses to remove such property within a reasonable time as determined by the Airport Manager under the circumstances and conditions created by the presence of such property, the Airport Manager may cause the same to be impounded and/or stored. The cost of such removal, impound, storage, and any parking fees due at the time of removal shall be a charge against the owner of such property; and upon the payment of the charge, the property shall be released and possession shall be restored to the owner or operator. If the owner cannot be determined, the city shall have the right to dispose of the property by sale or otherwise.
(I) Repairs to aircraft.
(1) No aircraft shall be repaired on any part of the landing or takeoff area. All outside repairs shall be made only at places designed by the Airport Manager for such purpose. Major engine, airframe, or avionics repairs shall be conducted by a properly licensed, paid mechanic within a hangar or building rented, leased, or owned for such commercial purposes. Any preventive maintenance authorized by FAR Part 43 may be made by the owner or operator of any aircraft, but only within a hangar leased or owned by that aircraft owner or operator or at places designated by the Airport Manager for such purpose; or
(2) Repairs to an aircraft or any aeronautical equipment shall not be performed in any area of the airport other than that specifically designated for such purposes except: (1) that minor adjustments may be made while the aircraft is on a loading ramp preparatory to departure; or (2) that a private aircraft owner may make minor adjustments as long as all FAA requirements are met; or (3) when adjustments are necessary to remove a disabled aircraft within the safety area of a runway or creating a hazard or obstruction for other airport traffic.
(J) Agricultural spraying operations. Agricultural (Ag) spraying operations will be conducted in accordance with procedures approved by the Airport Manager and made known to all persons conducting agricultural spraying operations. Said operations shall be conducted only on the designated airport areas and shall not include reckless flying or careless chemical handling. Chemicals used in agricultural operations shall be dispersed, maintained and stored and the dispensing area shall be cleaned with all empty chemical containers stored and promptly disposed of in accordance with the label directions. Washing of the Ag aircraft and flushing of Ag aircraft spray tanks or hoppers will be accomplished in accordance with the standards of the Environmental Protection Agency and the Texas Commission on Environmental Quality in an area so designated by the Airport Manager. Each Ag operation shall carry liability insurance in the amount of $500,000, payable to the city for cleanup of any hazardous chemical spills on airport property caused by the Ag operator. Ag aircraft operators shall not exceed the maximum gross hopper weight stamped on the Ag aircraft's hopper by the aircraft manufacturer or listed in the aircraft's specifications. Ag aircraft shall not take off or land down wind. Takeoff and landing procedures in accordance with § 153.029, Takeoff and Landing Rules, contained herein will be observed at all times. NOTE: Because of the hazard of such agricultural spraying operations, the City Council may require each agricultural spray operator to post a bond, the amount to be determined by the City Council considering the financial risk to which the city could be exposed by an Ag operator accident resulting in environmental damage, the number of Ag aircraft owned or leased and used by the Ag operator, etc.
(K) Damage to airport. Any person, individual, or corporation or the owner of any aircraft causing damage of any kind to the airport, whether through violation of any of these rules, through vandalism, or any act of negligence, shall be liable therefore in and to the city.
(L) Improper conduct.
(1) No person shall consume any alcoholic beverage upon any portion of the airport, or become intoxicated, commit any disorderly, obscene or indecent act, or conduct or engage in any form of gambling on the airport.
(2) No person shall dispose of garbage paper, refuse or other material on the airport except in the receptacles provided for that purpose.
(M) Injury to person. Persons entering upon airport property by aircraft, automobile, other vehicular conveyance, or pedestrian traffic do so at their own risk and with no liability incurring to the city for any injury or damage to person or property. Further, any person desiring to use the airport shall observe and obey all valid laws, resolutions, orders, rules, and regulations promulgated and enforced by the city, FAA or by any other authority having jurisdiction over the conduct and operation of the airport.
(N) Licensed pilots and aircraft. No person shall operate any aircraft within or over the airport unless such person has first been issued an airman certificate by the Federal Aviation Administration and unless such aircraft shall have first received a certificate of airworthiness which is still in effect, from the Federal Aviation Administration. The limitation shall not apply to students in training under the supervision of a licensed instructor; to public aircraft of the federal government or of a state, territory, or political subdivision thereof; or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft. Note: Use of the airport by ultralight aircraft shall be subject to approval by the City Council and shall be in accordance with FAR Part 13 and any other rules established by the city.
(O) Registration. Each person owning an aircraft based at the airport, employed, or receiving instructions at the airport shall register at the office of the Airport Manager their name, address, telephone number, aircraft model, aircraft registration "N" number, and the name, address and telephone number of their next of kin or person to be notified in case of an accident or emergency.
(P) Intoxicants and narcotics prohibited. No person under the influence of any intoxicant, narcotic, or other illicit drug shall operate or fly in any aircraft upon or from the airport. Such prohibition shall not apply to a passenger under the care of a medical doctor and accompanied by a doctor, nurse or caretaker.
(Q) Foreign objects. No foreign objects, including bottles, cans, scrap, nuts, bolts, nails, or any object that may cause damage to an aircraft, shall be left upon the floor of any building or upon any part of the surface area of the airport. Individuals are encouraged to pick up such foreign objects when observed and place them in a trash receptacle.
(R) Maintenance of airport. The city at all times retains the right to establish rules, regulations, and procedures regarding the use of the airport, and to otherwise perform those acts the city deems necessary to maintain the airport in a safe and serviceable condition. Prior approval shall be obtained from the Airport Manager before any survey, repair or construction activity of any kind is commenced on any city-owned property at the airport. Prior to the commencement of any construction, an airspace study on FAA Form 7460-1 shall be completed except for construction within an existing structure. In the event construction equipment will be used which is higher than the structure being erected under a granted permit, the operator of the equipment must contact the Airport Manager, keep the equipment in a lowered position to the maximum extent possible, and install appropriate hazard marking and/or lighting on the top extremity of the equipment.
(S) Establishment and collection of fees. The city shall at all times have the right to establish and collect fees and other charges for the use of the airport for commercial and non- commercial purposes, including, but not limited to, lease of hangar space, office space, T-hangar space, aircraft or auto parking areas, fuel flowage fees, tie-down fees, concession fees, and other fees related to the privilege of operating a business through the use of public property. To the extent required by federal and state laws and regulations, such fees and charges shall be levied on a non-discriminatory basis as between similar types of users; however, the mere fact that a fee or charge has some adverse economic impact on the person or entity obligated to pay the fee or charge, or has a greater impact on one user as opposed to a similar type of user, does not make the fee or charge discriminatory.
(T) Runway safety. The city shall at all times have the right to take any actions necessary, without notice, to protect the safety and usability of the airport and the approach surfaces of the runway.
(U) Compliance with laws. All users of the airport, including but not limited to all FBO's and airport tenants, must comply with all applicable federal, state, and local laws, rules, regulations, and ordinances while conducting operations on or otherwise using the airport. Such compliance is required whether or not such use and/or operations are authorized pursuant to these regulations or a written agreement or certificate of operation. In addition to such criminal or civil penalties as may be assessed pursuant to these regulations, the city may file such action in district court as may be necessary to enjoin the offending user from violating these regulations.
(V) Conflicts between rules and regulations. In the event of irreconcilable conflict between any provisions of this chapter and any FAR, the latter shall prevail. In the event of irreconcilable conflict between any provision of this chapter and any city ordinance applicable to the same subject matter, the more stringent limitation or requirement shall prevail unless such other ordinance or order clearly indicates to the contrary or unless such ordinance or order directly amends or repeals a provision of this chapter.
(Ord. 2003-8, passed 8-19-03)