§ 10.28 AIRPORT RULES AND REGULATIONS.
   (A)   Use of airport restricted. No person, firm, association, corporation or entity, incorporated or otherwise, shall use the airport for any commercial activity, unless approved by a written operating agreement from the City Council or its duly authorized agent.
   (B)   Operating agreements. Operating agreements will vary, based on the activity being conducted. Applications for operating agreements will first be submitted to the Airport Advisory Board for their consideration and recommendation, and will then be acted upon by the City Council or its duly authorized agent. Operating agreements will be valid only while applicable minimum operating standards are maintained. Only those commercial activities specifically addressed in the operating agreement may be conducted by the operator. Agreements will specify all applicable terms.
   (C)   General rules and regulations. The following rules and regulations shall be observed in the use, operation and conduct of the Pleasanton Municipal Airport, viz.
      (1)   Rule 1. Federal air traffic rules. The federal air traffic rules promulgated by the Federal Aviation Administration (FAA), for observance by aircraft operated anywhere in the United States, presently or hereafter effective, are hereby referred to, adopted and made a part hereof as though fully set forth and incorporated herein.
      (2)   Rule 2. Safeguard of persons and property. The airport manager shall at all times have authority to take such action as may be necessary to safeguard any person, aircraft, equipment or property at the airport.
      (3)   Rule 3. Lease of airport property to private individuals, companies and corporations. The city may lease property within the building area or other portions of the airport for the private construction of hangars, buildings and/or lean-tos, aprons, taxiways and auto parking lots in accordance with the approved airport layout plan. All leased property and all buildings or structures erected on the leased property will be utilized for aviation related activity. All leases shall first be submitted to the Pleasanton Airport Advisory Board for their recommendation before being submitted to the Pleasanton City Council.
         (a)   Any private structure or hanger not in use for aviation purposes for a period in excess of three months or not available for rent or subleased for aviation purposes, unless so authorized by the city must be removed after due notice in writing or the city will consider the structures or hangers abandoned and title will pass to the city.
         (b)   Leased land from which any building, hangar or structure is removed after due notice will be cleaned and put back to its original condition.
         (c)   No leases will be written for a period in excess of 40 years.
         (d)   Leased property on the airport may be subleased by the lessee only with written approval of the city.
         (e)   No structures may be erected beyond the building restriction line (BRL) or in conflict with the approved airport layout plan.
         (f)   All construction must be authorized by the City Council. Furthermore, all structures must comply with the Pleasanton City Building Codes and airport zoning and land use ordinance.
         (g)   Loans negotiated by the lessee with lending institutions for construction of buildings or hangars on the airport must contain provisions that if the lessee's buildings or hangars goes into receivership and are taken over by the lending institution, the lending institution will only resale, lease or rent the buildings or hangars for aviation purposes.
      (4)   Rule 4. Public and non-public operating fees. All persons, firms, associations, corporations or entities approved by the City Council to conduct any aeronautical activity on Pleasanton Municipal Airport shall pay a quarterly fee in accordance with the following provisions. The fee for the previous quarter's activity shall be paid by the tenth day of the following month. The stated amounts are minimum figures; the actual negotiated lease agreement may cost more.
         (a)   Leased land: Ramp space (land with no structure built upon it) will cost a minimum of $.02 per square foot per year. Leased land which has or will have a building or other structure erected upon it by lessee will cost a minimum of $.08 per square foot per year.
         (b)   Fuel sales: The city will receive a minimum of 3% of the cost per gallon of fuel delivered by wholesalers to fuel storage tanks.
      (5)   Rule 5. Lien for charges. To enforce the payment of any charge made for repairs, improvements, storage or care of any personal property, made or furnished by the City of Pleasanton or its agents, in connection with the operation of the Pleasanton Municipal Airport, the City of Pleasanton shall have a lien upon the personal property, which shall be enforceable by law.
      (6)   Rule 6. Lien possessory right. To enforce the payment of any such charge, the airport manager may retain possession of the personal property until a reasonable, customary and usual compensation shall have been paid in full.
      (7)   Rule 7. Unauthorized signs. No signs or equipment or portable buildings and house trailers may be erected, moved in or installed on the airport property except as may be specifically authorized by the airport manager.
      (8)   Rule 8. Surreptitious activities. Any person observing suspicious, unauthorized or criminal activities are encouraged to report the activities immediately to the airport manager, police or officers of the Department of Public Safety or other peace officer.
      (9)   Rule 9. Wrecked aircraft. Each aircraft owner, his or her pilot and agents, shall be responsible for notifying FAA and for the prompt removal from the operational areas of the airport, under the direction of the airport manager, of disabled or wrecked aircraft.
      (10)   Rule 10. Repairs to aircraft. No aircraft shall be repaired on any part of the landing or takeoff area, and all outside repairs shall be made at the places designated by the airport manager for that purpose. Persons making emergency repairs shall register with the airport manager prior to repairing the aircraft.
      (11)   Rule 11. Agricultural operations. Agricultural spraying operations will be conducted in accordance with procedures approved by the airport manager and made known to all persons conducting agricultural spraying operations. The operations shall be conducted only on the designated airport areas, and shall not include reckless flying or careless chemical handling. Chemicals used in agricultural flying operations shall be dispersed, maintained, stored, the dispensing area cleaned, and empty chemical containers promptly disposed of or stored in accordance with the standards set by the Environmental Protection Agency (EPA), Texas Water Commission, the Texas Department of Agriculture, Texas Department of Health, and the airport manager. Washing of agricultural aircraft and flushing of agricultural aircraft spray tanks will be accomplished in accordance with the standards set by the EPA, Texas Water Commission and Texas Department of Health in an area so designated by the airport manager. Note: Because of the hazard of the operation, the owner (city) may require each agricultural spray operator to post a $10,000 bond or cash deposit to cover the cost of any clean-up of chemical spills, trash or other damage to the property.
      (12)   Rule 12. Damage to airport. Any person, corporate or individual, and the owner of any aircraft causing damage of any kind to the airport, whether through violation of any of these rules or through vandalism or any act of negligence, shall be liable therefor.
      (13)   Rule 13. Injury to persons. No unauthorized person shall enter airport grounds either on foot or by motor vehicle, without permission from the airport manager, and any person so entering upon airport property does so at his or her own risk and with no liability to the City of Pleasanton for any injury or damage to person or property. The term AIRPORT GROUNDS used in this rule shall not include carriage of passengers to and from the airport terminal, nor persons using the airport passenger terminal in the normal course of business.
      (14)   Rule 14. Licensed pilots. Only properly registered aircraft and persons holding a current airman's license issued by the FAA shall operate upon or over the Pleasanton Municipal Airport without written permission. Provided that this limitation shall not apply to students in training under licensed instructors nor 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 the licensed aircraft. Note: Persons operating ultralight aircraft shall conform to FAR 103. Permission to use the airport, if granted, should be contingent on operating procedures coordinated with and acceptable to the regular users of the airport operating licensed aircraft and any other traffic pattern rules set by the airport authority.
      (15)   Rule 15. Registration. Identification numbers of all aircraft based at the Pleasanton Municipal Airport shall be registered at the office of the airport manager and owners shall give their name, address or telephone number.
      (16)   Rule 16. Use of another's property. Unless authorized by the owner in writing, the use of any aircraft, parts, equipment, accessories or tools of another, situated on the airport, is forbidden.
      (17)   Rule 17. Intoxicants and narcotics forbidden. No person under the influence of an intoxicant or narcotic shall operate or fly in any aircraft upon or over the Pleasanton Municipal Airport. Provided the inhibition shall not apply to a passenger when accompanied by a nurse or caretaker in an aircraft apart from the pilot.
      (18)   Rule 18. Glass. No bottles or glass shall be left or broken upon the floor of any building (except private storage buildings) or upon any part of the surface area of the airport.
      (19)   Rule 19. Air and ground traffic; vehicular traffic. All vehicular traffic shall be confined to the roads, ramps, streets, avenues and alleys provided on the grounds for that purpose, and shall not be operated at a speed in excess of 20 mph. Persons entering or leaving the airport through gates shall close and lock the gates after passing through. Vehicles used by the city, airport manager or other authorized personnel to check the landing area will have an amber flashing rotating light on the top of the vehicle (or an approved yellow and black checkered flag attached to the vehicle) and contain a mobile or portable radio transceiver tuned to the Unicom frequency.
      (20)   Rule 20. Fueling of aircraft.
         (a)   Aircraft shall not be fueled while the engine is running or while in a hangar or other enclosed place.
         (b)   All aircraft will be positively grounded when being serviced with fuel. Aircraft being serviced by a fuel truck will be grounded to the fuel truck and the fuel truck will be positively grounded.
         (c)   All aircraft shall be fueled at the fuel pump, or if by truck, on the ramp clear of hangars.
         (d)   Aircraft fuel trucks will be equipped, operated and maintained in accordance with the latest edition of the National Fire Protection Association, NFPA Manual 407 "Aircraft Fuel Servicing."
         (e)   Aircraft authorized by the FAA to use auto gas may be privately fueled by their owner only by receiving approval from the airport authority or by paying a $30 yearly fee for this privilege.
         (f)   Aviation or auto fuels for aircraft use only will not be stored within a hangar.
         (g)   Prior to being fueled, all aircraft will be positively grounded by a grounding cable which is connected to a copper, copper clad, galvanized or other approved ground rod five-eighths-inch or greater in diameter buried to a sufficient depth to reach permanent subsoil moisture. The resistence of the ground rod should not exceed 10,000 ohms. The bonding/ground cable shall be of flexible, durable material. The grounding clip on the end of the grounding cable should be connected to bare, unpainted metal on the aircraft; however, the grounding clip should not be attached to the aircraft's propeller, landing gear or radio antennas.
         (h)   Where aircraft fueling is performed by a fuel truck, an adequate number of suitable ground connections shall be provided on the aircraft apron or servicing ramp.
         (i)   At least two 20B portable fire extinguishers will be available within 50 feet of the fuel pumps where the open hose discharge capacity of the fuel pump is not more than 200 gallons per minute; at least one wheeled 80B fire extinguisher where the open hose discharge capacity is more than 200 gallons per minute, but not more than 350 gallons per minute; at least two wheeled 80B fire extinguishers where the open hose discharge capacity is greater than 350 gallons per minute.
         (j)   All aviation fuel nozzles will have "dead man" controls which will shut off the fuel flow when the nozzle hand control is released. Automatic fuel cut-off nozzles will not be permitted for fueling aircraft.
         (k)   The pilot and passengers will exit the aircraft and the aircraft will be unoccupied during fueling operations.
         (l)   In all matters related to aircraft fueling safety the provisions of the latest edition of NFPA manual 407, Aircraft Fuel Servicing, published and available from the National Fire Protection Association, shall prevail.
      (21)   Rule 21. Tiedown of aircraft.
         (a)   All aircraft not hangared shall be tied down or secured at night and during inclement weather in a designated area.
         (b)   The aircraft owner or his or her agent is responsible for the tiedown or security of his or her aircraft at all times and particularly during inclement weather.
         (c)   Aircraft parked overnight on the transient apron shall pay a fee of $4 for each night not to exceed $60 per month. However, the airport manager shall have the authority to waive the first night's fee with the purchase of fuel.
      (22)   Rule 22. Running aircraft engines.
         (a)   If not equipped with adequate brakes, the engine shall not be started in an aircraft until and unless the wheels have been set with blocks attached to ropes or other suitable means for removing them.
         (b)   No airplane will be propped, started or left running without qualified personnel at the controls.
         (c)   No engine shall be started or run inside any enclosed building.
         (d)   No engine shall be started, run or warmed up until and unless the aircraft is in the position that the propeller stream or jet blast will clear all buildings and groups of people in the observation areas and path of the aircraft.
      (23)   Rule 23. Damage to runway lights. Any person damaging any field light or fixture by operation of an aircraft or otherwise shall immediately report the damage to the airport manager. Persons causing damage to runway and taxiway lights, as a result of negligent operation of an aircraft or willful acts, will be liable for replacement of the light(s).
      (24)   Rule 24. Taxiing aircraft.
         (a)   No person shall taxi an aircraft until he or she has ascertained there will be no danger of collision with any person or object in the immediate area.
         (b)   Aircraft will be taxied at a safe and prudent speed, and in such manner as to be at all times under the control of the pilot.
         (c)   Aircraft not equipped with adequate brakes will not be taxied near buildings or parked aircraft unless an attendant is at a wing of the aircraft to assist the pilot.
         (d)   Aircraft shall not taxi onto the runway from the ramp and taxiway area if there is an aircraft approaching to land, or on the ground in take-off position.
         (e)   There shall be no taxiing of aircraft by engine power into or out of hangars.
      (25)   Rule 25. Parking aircraft.
         (a)   Unoccupied aircraft shall not be parked or tied down on or within 120 feet of the centerline of a VFR basic utility runway, 250 feet of the centerline of a general utility runway or 300 feet of the centerline of a precision runway; and all unhoused aircraft shall be parked in the areas designated by the airport manager for that purpose.
         (b)   Aircraft will not be parked within 50 feet of an aircraft fuel pump.
         (c)   Aircraft will not be parked in such a manner as to hinder the normal movement of other aircraft and traffic unless specifically authorized by the airport manager as an emergency measure.
         (d)   It is the responsibility of the pilot when leaving a parked aircraft unattended to see that the brakes are set or that the plane is properly chocked and/or tied down.
      (26)   Rule 26. Loading/unloading aircraft. Pilots are prohibited from loading or unloading aircraft with the engine running.
      (27)   Rule 27. Removal of aircraft. If any person refuses to move an aircraft as directed by the airport manager, the aircraft may be towed away by the airport manager at the owner or operator's expense and without liability for damage which may result in the course of or after such moving. The same shall apply to removal of a wrecked or damaged aircraft and its parts.
      (28)   Rule 28. Authority to suspend operations. The airport manager may suspend or restrict any or all operations without regard to weather conditions, whenever the action is deemed necessary in the interest of safety.
      (29)   Rule 29. Active runway. If the winds are calm or at a 90-degree crosswind to runway 16, take off and land on runway 16.
      (30)   Rule 30. Clearing street. No aircraft shall land or take off in such a manner as to clear any public street or highway at an altitude of less than 15 feet, nor land or take off on the taxiway or over hangars or other structures, automobile parking areas or groups of spectators.
      (31)   Rule 31. Unicom. All pilots are encouraged to call on the local unicom frequency to determine the active runway and to announce their position and intentions for take-off and landing.
      (32)   Rule 32. Take-offs on apron and the like. No take-offs or landings shall be made on the apron, parking ramp or taxiway except by special permission of the airport manager.
      (33)   Rule 33. Take-offs allowed. Touch and go landings may be made at the discretion of the pilot. All aircraft shall clear for incoming and take-off traffic before taxiing into take-off position.
      (34)   Rule 34. Take-off climb. On take-off, all aircraft shall climb straight out to a level of 400 feet, (AGL), clear airport boundary and execute a 90-degree turn to the left. To leave traffic, the aircraft shall climb to 500 feet (AGL) before executing a 45-degree climbing turn to the right out of traffic. Prior to making any deviations from the procedure, pilot shall transmit his or her intentions on local unicom frequency.
      (35)   Rule 35. Traffic altitude. Traffic pattern elevation is 1,000 feet above ground level (AGL), or 1,428 feet MSL.
      (36)   Rule 36. Common courtesy. Aircraft entering the traffic pattern shall exercise caution and practice courtesy so as not to cause aircraft already in the pattern to deviate from their course.
      (37)   Rule 37. Aircraft turn. Any aircraft within three miles of the airport at an altitude of less than 1,500 feet above the ground shall conform to the flow of traffic. All aircraft shall establish their pattern altitude before entering the traffic pattern and shall not deviate from this altitude (except in an emergency) until descent for landing is necessary.
      (38)   Rule 38. Traffic flow. All aircraft landing at the Pleasanton Municipal Airport shall fly a standard left-hand traffic pattern (or as displayed on the segmented circle) at an altitude of 1,000 feet above the ground. Pattern entry shall be made at an angle of 45 degrees to the active runway with the runway to the pilot's left at all times. Entry shall be made at the midpoint of the downwind leg. Prior to making any deviations from this procedure, pilot shall transmit his or her intentions on local unicom frequency.
      (39)   Rule 39. Altitude and noise of engines. No aircraft shall be operated over the City of Pleasanton at an altitude of less than 1,000 feet above the ground, except while descending to land. Aircraft engines shall not be accelerated nor decelerated while over the City of Pleasanton in such a manner as to distract, excite or disturb persons on the ground, regardless of altitude.
      (40)   Rule 40. Straight-in approaches. Straight-in approaches shall not be used unless radio contact with the airport advisory radio has been established from at least five miles out or, if unicom is inactive, the pilot shall transmit intentions on local unicom frequency.
      (41)   Rule 41. Student training and practice flying.
         (a)   Instructors in flying shall inform students and shall inform themselves on all rules and regulations in effect at the airport.
         (b)   By notices posted in his or her office, the airport manager may recommend limited areas of the airport and local areas for practice flying and training of students.
         (c)   Aircraft shall not be permitted to remain on the landing or take-off areas for the purpose of instructing students.
      (42)   Rule 42. Special procedures. The airport manager may, in the interest of safety, designate special traffic procedures for certain operations, such as air shows, agricultural operations, lighter than air operating ultralights and the like.
      (43)   Rule 43. Fire regulations.
         (a)   Every person going upon or using the airport or its facilities in any manner, shall exercise the greatest care and caution to avoid and prevent fire.
         (b)   Smoking or open flame within 50 feet of any aircraft or fuel truck is prohibited.
         (c)   Compressed inflammable gas shall not be kept or stored upon the airport, except at such place as may be designated by the airport manager.
         (d)   No inflammable substance shall be used in cleaning motors or other parts of the aircraft inside a hangar or other building.
         (e)   No one shall smoke or ignite a match or lighter in any building, except in offices, waiting rooms or buildings where specially permitted by the airport manager.
         (f)   Hangar entrances shall be kept clear at all times.
         (g)   The floors in all buildings shall be kept clean and free from oil. Volatile, flammable substances shall not be used for cleaning the floors.
         (h)   No boxes, crates, cans, bottles, paper, tall grass/weeds or other litter shall be permitted to accumulate in or about a hangar.
   (D)   Knowledge of rules implied. By publication of this section as required by law, all persons will be deemed to have knowledge of its contents. However, the airport manager is directed to have copies of the section printed and posted where appropriate. Copies will be available at all times in the airport manager's office, and copies will be furnished to owners and operators of aircraft based on the airport.
   (E)   Conflict in rules. If and where there is conflict in these and the Federal Aviation Rules (FARs), the latter shall prevail.
   (F)   Penalty for violation.
      (1)   Any person operating or handling an aircraft in violation of any of these rules or refusing to comply therewith, may, at once, be ejected from the airport, or may for any period of time, not exceeding 15 days, be denied use of the airport by the airport manager, and, upon hearing by the City Council may be deprived of further use of the airport and its facilities for a period of time as may appear necessary for the protection of life and property.
      (2)   Any violation of this section shall be a misdemeanor, punishable by fine as provided for in this code of ordinances. This section is cumulative of all other penalties for violation of federal, state and local laws, rules, regulations and ordinances.
(1989 Code, Ch. 1, § 16)
Cross-references:
   Creation of Airport Zoning Board, see § 153.01
   Establishment of Airport Advisory Board, see § 30.06
Editor's note:
   Minimum Operating Standards for fixed base operators and airport tenants at the Pleasanton Municipal Airport adopted by the City Council on October 20, 1986, are included in "Traffic" section.
Statutory reference:
   Municipal Airports Act, see Tex. Trans. Code, §§ 22.001 et seq.