(A) Policy. As the operator and proprietor of the airport, on behalf of the citizens of the town, it is the policy and intent of the town:
(1) To operate the airport in a businesslike manner with as little cost as possible to the taxpayer through the imposition of fair and reasonable rentals, fees and charges.
(2) To provide for both private and commercial aviation at the airport to the extent practicable within physical, economic and environmental constraints.
(3) To provide for the full range of on-base aeronautical support through private enterprise consistent with the need for the service and the availability of space and physical facilities.
(4) To maintain and preserve all airport facilities in a safe, secure and orderly condition.
(5) To promote fair competition and not to expose those who have lawfully undertaken to provide commodities and services at the airport to unlawful or unauthorized competition.
(6) To permit and provide adequate facilities for owners of general aviation aircraft to work on and service their own aircraft within such limits as may be imposed by this section or airport regulation for purposes of safety, preservation of airport facilities and protection of the public interest.
(7) To promote the utility, educational, and recreational aspects of general aviation.
(B) Prohibition. No person shall engage in any business or commercial activity on the airport without a lease approved by the town, or a sublease from a duly authorized master lessee. This prohibition shall apply to persons who use the airport as a base for conducting their activity but whose office or other place of business is not situated on the airport. This prohibition does not apply to the following:
(1) Aircraft operations in which the flight originates and terminates elsewhere, and the airport is utilized as a temporary stopping place for such purposes as landings, refueling or other aeronautical service, or the embarking or disembarking of passengers, except in the case of charter or air taxi airlines.
(2) Company or corporate-owned aircraft where personnel or products are transported free of charge, the trip being merely incidental to the company’s principal business and not, in itself, a major enterprise for profit.
(3) Casual or isolated transactions such as sales by owner.
(4) Independent flight instruction, not associated with a fixed base operator (FBO) or specialized aviation service operator (SASO).
(5) Independent mechanical services, not associated with an FBO or SASO.
(C) Definition. For the purpose of this section, a BUSINESS OR COMMERCIAL ACTIVITY includes the following types of activities when done for hire, compensation or reward:
(1) Retail sales of any goods, wares, merchandise or services.
(2) Sale, rental or charter of aircraft.
(3) Air carrier and air taxi operations.
(4) Sale of aviation petroleum products.
(5) Sale of aircraft parts, avionics, instruments or other aircraft equipment.
(Ord. 824, passed 9-20-12; Res. 2681, passed 9-20-12) Penalty, see § 95.99