It is the policy of Ogden City that any penalties imposed by TSA or FAA against Ogden City for violations of federal, state or local laws, regulations or policies shall be payable by the airport operator, tenant or user who is responsible for the violation which is being penalized. Furthermore, airport operators, tenants and users are responsible for the acts of their subtenants, invitees, employees and agents, including all fines and penalties arising from their misconduct or action.
A. Definitions:
AIRPORT GUESTS: Any employee, agent, guest, contractor, subcontractor, subtenant, client, customer or relative of an authorized airport user, including, but not limited to, any person escorted, invited or let onto the airport by an authorized airport user.
AIRPORT OPERATIONS AND SECURITY REGULATIONS: All federal, state and local laws, regulations, rules, orders and policies related to airport operations and airport security, including, but limited to, the airport security plan and security requirements set forth in security trainings provided to authorized airport users.
AUTHORIZED AIRPORT USER: Any person or entity with a permit, permission, lease, contract, license, security badge or other authorization to access and use the Ogden-Hinckley Airport, including all commercial and noncommercial airport operators, tenants, subtenants and users, whether aeronautical or nonaeronautical in nature, including those persons or entities who continue to use the airport after their authorized access has lapsed.
CIVIL PENALTY: Any civil penalty, fine, or charge proposed or imposed against Ogden City based on the actions of an authorized airport user or airport guest.
TENANT-LANDLORD: An airport tenant that subleases some or all of its airport leased premises to a subtenant, whether or not the sublease has been approved by the airport manager. A tenant- landlord is responsible for the violations of its subtenant upon the airport.
B. Compliance With Airport Operations And Security Regulations:
1. Authorized airport users shall strictly comply with all airport operations and security regulations.
2. An authorized airport user is responsible to ensure that their airport guests strictly comply with all airport operations and security regulations.
3. A tenant-landlord is responsible to ensure that its subtenant strictly complies with all airport operations and security regulations.
4. Any fine or penalty imposed by TSA or FAA against Ogden City shall be timely paid by the authorized airport user whose violation was an underlying cause or basis for the fine or penalty imposed.
5. As a condition to being and continuing to be an authorized airport user, every authorized airport user shall fully cooperate with any investigation of an alleged violation or breach of airport operations and security regulations, and shall immediately respond to verbal inquiries by airport officials or law enforcement officials. An authorized airport user shall provide a written statement or response to investigation inquiries within seven (7) days of any request by airport officials or law enforcement officials.
C. Notice And Payment:
1. Ogden City shall notify an authorized airport user in writing of any civil penalty proposed to be imposed by the TSA or FAA against Ogden City because of the conduct of the notified authorized airport user or its airport guests. The notice will briefly state the facts upon which the proposed civil penalty is based, to the extent permitted by the fining agency.
2. A written notice provided hereinabove to subtenant that is an authorized airport user should also be copied to its tenant- landlord. A tenant-landlord who is given thirty (30) days' written notice herein of its subtenant's actions shall ensure that its subtenant complies with the notice to cure within thirty (30) days.
3. The written notice of a proposed civil penalty shall constitute a thirty (30) day notice to cure a breach or a default under any contract, lease, permit, license, security badge or other authorization under which an authorized airport user operates on the airport. It shall also constitute a thirty (30) day notice to cure for a tenant-landlord.
4. An authorized airport user and its tenant-landlord shall pay to Ogden City the full amount of the proposed civil penalty within thirty (30) days of the date upon which the notice was postmarked or hand delivered to the authorized airport user or tenant-landlord.
5. An airport tenant is jointly and severally liable for civil penalties arising from the activities of its subtenant. If a single civil penalty is based upon the actions of more than one authorized airport user, each authorized airport user shall be jointly and severally liable to pay for the civil penalty.
6. If an authorized airport user desires to submit exculpating or mitigating information to Ogden City in an effort to convince the federal agency to reduce the civil penalty, Ogden City will forward such information to the federal agency imposing the penalty. In doing so, however, Ogden City shall not act as the advocate or agent of the authorized airport user with respect to the federal penalty and shall have no duty to seek for reduction of the penalty.
7. If the proposed civil penalty is reduced or abated by the federal agency after payment by the authorized airport user, or if the city receives funds in excess of the civil penalty from jointly and severally liable parties, the city will return any equitable remaining balance paid by an authorized airport user.
D. Penalties:
1. Failure to pay to the city the full amount of a proposed civil penalty within thirty (30) days of written notice, shall constitute a failure to timely cure a material breach or default, and may result in the immediate termination, cancellation or revocation of contract, subcontract, lease, sublease, permit, badge, permission or authorization under which the authorized airport user and/or its tenant-landlord operate on the airport.
2. Failure to pay to the city the full amount of a proposed civil penalty within thirty (30) days of written notice shall result in liability of the authorized airport user and/or tenant-landlord for penalties, fines, charges and causes of action arising from Ogden municipal code, including title 1, chapter 4, article A and title 8, chapter 6.
3. Failure to cooperate with a security investigation shall constitute a material breach of contract, subcontract, lease, sublease, permit, badge, permission or authorization under which the authorized airport user and/or its tenant-landlord operate on the airport.
4. Ogden City's exercise of the provisions of this policy shall not limit or foreclose the city's ability to impose other penalties or obtain other relief for the actions of the authorized airport user and/or tenant-landlord provided by law or contract. Security badges may be immediately invalidated at any time where appropriate circumstances exist. (Eff. 9-20-2016)