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(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)
(A) The Town Council may lease airport property in accordance with the approved airport layout plan (ALP).
(B) All construction by any person must be authorized by the Town Board or designated agent and comply with applicable land use regulations and building codes.
(1) Lease records. Any person, hangar tenant and/or commercial aviation operators conducting business at the airport must have an executed lease agreement or contract with the Town Council. Such persons shall retain and become familiar with the current airport rules and regulations.
(2) Airport lease/erection of buildings or structures. Any person desiring to erect or construct any new or renovations to existing hangars which changes the footprint, height or wiring or temporary structure, landscaping, signs or support facilities at the airport shall submit plans and specifications to the Airport Commission and Town Council for review and approval. The plans shall include a general layout, drawn to scale, showing said structure (site location, building, ground and top elevations and aesthetic and decorative features), access and proposed boundary of leasehold area, plus a completed FAA Form 7460, “Notice of Proposed Construction or Alteration”. The Town Council, prior to construction, shall submit this information to the NCDOT, Division of Aviation/FAA, for review and airspace determination. Buildings shall meet all building codes and development ordinances. All such building permits, licensing and environmental certifications shall be obtained by the person prior to construction. A certificate of occupancy must be obtained before the structure can be occupied. No airport leases will be executed for a period in excess of 20 years.
(3) Subleasing. Leased property may be subleased by the lessee only with prior written authorization or approval of the Town Council or designated representative. Any person that subleases, assigns their lease or rents to any person who then performs any commercial aeronautical activity on the airport shall notify the Town Council of such tenant within ten days of such transaction.
(4) Leasehold condition/abuse of property. Tenants are required to keep their premises clean and clear of all rubbish junk, debris, disabled/dismantled aircraft, vehicles and unsightly objects. No person shall construct, erect or store facilities, equipment, or materials in a manner as to constitute a hazard to persons or property or that could interfere with the safe movement of aircraft. Garbage, refuse, chemicals or other waste material shall be placed in appropriately approved receptacles used to dispose of off-airport property. No person shall, in any way, destroy, remove or disturb buildings, signs, equipment, markers or other property on the airport. The borrowing or use of airport-owned tools or equipment must be specifically permitted by the Airport Manager/Airport Commission.
(5) Right of entry. The Town Manager, Airport Manager, Fire Chief or other designated town agents shall have reasonable right-of-entry into all areas of the airport, including enclosed structures.
(6) Solicitation. No person shall solicit funds, nor post commercial-related signs or advertisements, at the airport without written permission of the Town Council/Airport Commission.
(7) Abandonment. No person may abandon vehicles, equipment, aircraft or parts on the airport property. The Town Council or designated representative has the right following due written notice to the owner after 90 days to have such equipment removed and/or disposed of without liability. The last registered owner of the equipment shall be liable for all costs incurred in the disposal of such property.
(Ord. passed 10-8-2019)
(A) Aircraft operator certification. Any person operating airplanes/aircraft on the airport must be certified by the FAA. This requirement does not apply to individuals possessing a sportsman license or individuals operating an ultra-light vehicle.
(B) FAA regulations. All aeronautical activities at the airport and all flight operations in the airspace above the airport shall be conducted in conformity with FAA regulations.
(C) Aircraft movements. All takeoffs and landings, by fixed-wing and rotorcraft, shall be conducted on paved areas. Any aircraft movement conducted in non-designated areas must be approved, in advance, by the Town Council or designated representative.
(Ord. passed - -2019)
(A) Public use. The Town Council may suspend or restrict airport operations when deemed necessary in the interest of safety, or as otherwise restricted due to weather, construction development, national security and acts of God. The Airport Manager or, in the absence of the Airport Manager, the individual listed in Addendum 1 (in the order listed) has the authority to temporarily close the airport by means of NOTAM.
(B) Aircraft registration. All aircraft based at the airport shall be registered with the Airport Manager/Advisory Commission (pilot name, address, phone number, aircraft type, model and N-number).
(C) Aircraft size and weight. Airport operations by aircraft and/or other operating vehicles in excess of the published pavement strength shall require prior written permission by the Airport Manager or designated town representative. Such operations will be evaluated on a case-by-case basis.
(D) Aircraft engine run-up. Aircraft engines shall be started and run-up only in the places designated for such purposes. Engine run-ups shall be conducted so not to cause harm to people or damage to property, structures or other aircraft.
(E) Parked aircraft. No aircraft shall be parked or stored at the airport, except in areas for such use, as designated or instructed by the Airport Manager or designated representative. All aircraft not hangared shall be sufficiently secured at night and during inclement weather.
(F) Aircraft emergency transmitter. Should an aircraft’s emergency locator transmitter (ELT) accidentally be activated, and the pilot or owner unable to be contacted or respond, the Airport Manager shall take steps to turn-off the ELT.
(G) Public access within aircraft movement areas. Only airmen, aircraft passengers, duly authorized personnel or persons being escorted by authorized personnel shall be permitted to access areas in which aircraft operate.
(H) Flying/taxing aircraft accident. In the event of an aircraft accident which require FAA reporting, the aircraft operator and/or owner shall promptly remove any disabled aircraft or parts hereof, subject to FAA/NTSB accident investigation. If unable, the Town Council/Airport Sponsor may, in compliance with FAA and other governmental regulations, move damaged or wrecked aircraft and parts from aircraft maneuvering and operating areas. The pilot of an aircraft involved in an accident on or near the airport causing personal injury or property damage shall immediately report such incident to the Town Council/Airport Manger. In the event that the pilot is unable, the owner of the aircraft or the owner’s agent shall submit an accident report to the Town Council/Airport Manager within 24 hours, including the names of persons involved, addresses, phone numbers and general description of the accident. Airport property damaged or otherwise destroyed by an accident or other activity shall be paid for by parties responsible.
(I) Special or unique airport uses. Special use of the airport shall be governed by the following:
(1) Flying events. No person or organization will engage in or promote any show, contest, demonstration or similar exhibition at or on the airport without specific prior written authorization from the Airport Commission and Town Council. Said request for authorization must be submitted at least 60 calendar days prior to the event. Such permission shall not be given without appropriate FAA clearance or exemptions, nor without proof of an insurance policy for the event, which covers hazards and holds the Airport Owner harmless from any and all claims resulting from such events.
(2) Parachute activity. Parachute jumps at or onto the airport must receive prior consent from the Airport Manager/Airport Commission. An FAA “NOTAM” shall be filed by the Airport Manager, or designated representative prior to any said parachute jumps. The Airport Manager reserves the right to designate areas for jump schools and drop zones. These businesses must store, train and prepare equipment within a hangar designated for such purposes and operate in accordance to §§ 153.20 through 153.29 of this chapter.
(3) Agricultural spray activity. Aircraft agricultural spraying operations shall be conducted in compliance with applicable local, state and federal laws. Staging and washing areas shall be conducted in compliance with the applicable regulations. Any liability resulting from agricultural spraying operations is the sole responsibility of the operator. The Town Council has authority to require said operators to provide a copy of their bond/insurance that would cover, with the intent of mitigating, liabilities to the town and county resultant from the intentional or accidental dispersion of agricultural spraying or other compounds.
(4) Model aircraft. The flying of model aircraft at the airport is prohibited. No person shall operate or release any model aircraft, rocket, kite, balloon or other similar contrivance at or upon the airport, except as permitted by the Airport Manager.
(Ord. passed - -2019) Penalty, see § 153.99
The Airport Manager reserves the right to designate areas for performing major and minor aircraft and engine repair and maintenance, including immobilized aircraft. Major engine, airframe, avionics, or aircraft apparatus repairs shall be conducted by a properly licensed mechanic and shall be performed within an enclosed hangar designated for such purposes. All minor preventative aircraft maintenance and repairs authorized by FAR part 43, “Maintenance, Preventative Maintenance Rebuilding and Alteration” shall be performed in the owner’s hangar or designated hangar for such purposes. If required, minor aircraft adjustments or repairs may be performed outside of hangars at places assigned or designated by the Airport Manager/Airport Commission. Any engine work requires the use of adequate drip pans. Spent oil, fuels and lubricants must be disposed in appropriate containers.
(Ord. passed - -2019)
The following rules shall govern and control the fueling and defueling of aircraft and motor vehicles at the airport.
(A) No fuel storage and dispensing equipment, whether publicly or privately owned, shall be installed and used at the airport without the prior written approval of the Airport Commission and Town Council. All equipment or storage used for the handling of fuels, whether 100LL, Jet-A or Avgas shall fully comply with current National Fire Protection Association (NFPA) regulations and all applicable local, state or national regulations. Aircraft authorized by the FAA to use automobile gas shall be fueled in outside areas, unless the aircraft cannot be moved due to maintenance reasons.
(B) Aircraft shall be grounded by an approved method during all fueling and defueling operations. No aircraft shall be fueled or de-fueled while the aircraft engine is running. No person shall engage in aircraft fueling operations without adequate fire extinguishers within ready reach.
(C) Aircraft fuel dispensing trucks must be appropriately registered with the state, and parked at least 50 feet from any hangar or building.
(D) Smoking or lighting of an open flame shall be prohibited, at minimum, within 100 feet of any fueling operation.
(E) Any person involved with an accidental release of fuel or fuel contamination situation must immediately contact the Airport Manager/Town Official and notify the: type of fuel, spill location, quantity of fuel released, and time of spill. If requested by the Airport Manger/Town Official, a written report shall be filed by the responsible persons within seven calendar days of the spill. Persons responsible for a spill will be accountable for any assessed fines and spill liability, including clean-up as prescribed by regulatory agencies.
(Ord. passed - -2019) Penalty, see § 153.99
The following govern the movement of auto vehicles at the airport.
(A) Motor vehicles shall be operated on designated roadways, parking areas and the like unless authorized by the Airport Manager. Motor vehicles shall be parked in accordance with markings and posted signs.
(B) An aircraft owner who rents, leases or owns a hangar at the airport may park their motor vehicle in their hangar while their aircraft is being flown.
(C) Motor vehicles shall not be permitted on the runways, taxiways, aprons or ramps (aircraft movement areas) without the express permission of the Airport Manager, unless the operation of such vehicle is in accordance with prior agreement to accomplish a necessary airport purpose, service or inspection. No motor vehicle may operate on the runway while an aircraft is preparing for or conducting a takeoff or landing.
(D) Any motor vehicles authorized to operate on aircraft movement areas must be properly illuminated during night operations or periods of reduced visibility. Motor vehicles operating on the runway must monitor the designated common traffic frequency channel (CTAF/UNICOM).
(E) No vehicle shall exceed a speed of 15 mph while on the apron and 45 mph while on the taxiway and runway system.
(F) Pedestrians or motor vehicle operators observed in areas other than public use areas without authorization by the Airport Manager/Airport Commission will be considered trespassing and may be subject to arrest.
(G) Any vehicle parked in violation or abandoned may be towed by the Airport Manager at the owner’s expense and without liability for damage which may result in the course of such moving.
(H) Any motor vehicle accident involving injury or property damage on the airport shall be reported to the Airport Manager and/or Town Council representatives no later than 24 hours after the accident occurred.
(Ord. passed - -2019) Penalty, see § 153.99
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