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(A) The town, a municipal corporation of the state, hereby adopts and approves the following airport rules and regulations for the operation and use of the Wallace-Pender Airport (Henderson Field) located in Pender County.
(B) The airport is owned and operated by the town.
(C) Administration and enforcement of the terms of the rules and regulations shall be delegated at the discretion of the town.
(Ord. passed 10-8-2019)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AERONAUTICAL ACTIVITY. Any activity which involves, makes possible or is required for the operation of aircraft or which contributes to or is required for the safety of such operations.
AIRPORT. The Town Municipal Airport (Henderson Field) (ACZ), North Carolina.
AIRPORT COMMISSION. An advisory group appointed by the Town Council charged with making recommendations on the overall supervision of airport activities.
AIRPORT MANAGER. The representative of the town having day-to-day oversight of airport activities. If no individual is designated with such charge, this responsibility is retained by the Airport Commission.
AIRPORT OWNER. The Town of Wallace, as Airport Sponsor.
COMMERCIAL AERONAUTICAL ACTIVITY. A person or business providing goods and services to the aviation public for which compensation is received.
COMMERCIAL AVIATION OPERATOR, FIXED BASE OPERATOR (FBO), SPECIAL AVIATION SERVICE ORGANIZATION (SASO), or INDEPENDENT OPERATORS (IO). A person or aeronautical business offering or supporting general aviation services.
FAA. The Federal Aviation Administration.
HANGAR. A building providing shelter or enclosed space for the storage or aircraft or aircraft parts.
LEASE. An executed contract, in writing and enforceable by law, granting interests in property or the conduct of certain activities.
MOTOR VEHICLE. Any vehicle, as defined by G.S. Chapter 20, except as authorized by the Airport Manager.
NON-COMMERCIAL AERONAUTICAL USE. Encompass through-the-fence entities owning, leasing or having the full and exclusive control of aircraft, for non-commercial purposes, located on and operated from through-the-fence property. This includes individuals (who utilize aircraft for personal/recreational purposes) and companies (who utilize aircraft for purposes that are incidental or ancillary to a business such as providing transportation to company employees, customers and others).
PERSON. An individual, partnership, firm, association, commercial business or corporation.
STATE. The NCDOT, Division of Aviation (NCDOA).
TENANT. A person who leases or subleases real property and whose premises has access to the airport.
THROUGH-THE-FENCE. Any use of the airport public landing areas by any person offering aeronautical activity or by aircraft based on land adjacent to but not a part of the airport property.
TOWN. The Town of Wallace, North Carolina.
TOWN COUNCIL. The Town Council of Wallace, the governing body lawfully empowered to exercise legal control over the airport.
(Ord. passed 10-8-2019)
Statutory reference:
Related provisions, see G.S. Chapter 20
(A) The Town Council shall, at all times, have power to take such reasonable action as may be necessary to enforce these regulations, including contingencies not specifically mentioned by this subchapter.
(B) The town assumes no liability or responsibility for any loss, injury or damage to persons or property by reason of fire, theft, vandalism, wind or other natural causes nor does the town assume any liability for injury or death to any person while on airport property or while using any public or private facilities at the airport.
(1) Compliance. All persons on and users of the airport shall comply with and be governed by these rules and regulations. The privilege of using the airport and its facilities shall impose full responsibility and risk by the user thereof and shall release and hold harmless and indemnify the town and its agents from any liability or charges of loss resulting from such use, as well as claims of third persons using the airport.
(2) Failure to comply. Any person violating this subchapter may be subject to pertinent deprivation of use of the airport facilities for such period of time as may be deemed necessary by the Town Council or legal representation.
(3) Enforcement. These airport rules and regulations, as well as all applicable state laws and town ordinances, shall be enforced by the Town Council and/or law enforcement officers appointed pursuant to law.
(Ord. passed 10-8-2019)
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