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(A) (1) The NCDOT, Division of Aviation and FAA, discourage through-the-fence operations except for those “through-the-fence” hangars existing on 3-1-2005. Through-the-fence arrangements will not be allowed unless approved by the Airport Commission and Town Council.
(2) The Airport Commission and the town can discontinue or prohibit through-the-fence operations at any time.
(B) The following rules shall govern and control through-the-fence operations at the airport.
(1) All owners of adjacent property participating in through-the-fence operations must have a signed and approved access agreement form filed with the airport.
(2) The town and the Airport Commission will not accept new through-the-fence operations unless reviewed and approved by the Airport Commission and the Town Council.
(C) Non-commercial aeronautical use on through-the-fence property must be approved by the Airport Commission and town and are subjected to the appropriate fees as listed in the airport’s rates and charges.
(D) Commercial aeronautical activity is not permitted on through-the-fence property without the consent of the Airport Commission and the town. If commercial aeronautical activity is approved for through-the-fence operations, the commercial aviation operator will adhere to §§ 153.20 and 153.29 of this chapter and be subjected to the appropriate fee as listed in the airport’s rates and charges.
(E) Through-the-fence property owners are to accurately report the number of aircraft in their hangar. The owner is to inform the airport when aircraft begin or discontinue using hangar space.
(F) Through-the-fence access is at the complete discretion of the Airport Commission and the town. If the through-the-fence property owner or commercial aviation operator violates the rules and regulations, through-the-fence privileges are subject to termination.
(Ord. passed - -2019) Penalty, see § 153.99
(A) Violation of the rules and regulations may be considered reason to restrict or terminate the activities on the airport for said person or tenant. Upon written notice of the violation and restriction, the Town Council, in lieu of termination of the lease or contract, can conclude that the person or tenant could correct the violation so that the violation is eliminated.
(B) Any restriction may be limited to certain areas of the airport or may be limited to a certain time period, depending upon the violation.
(1) Any published FAA Federal Aviation Regulations shall become effective as part of this subchapter without requiring any action on the part of the Town Council.
(2) A copy of these rules and regulations and any adopted changes will be available at the Town Manager’s office.
(Ord. passed - -2019)
(A) Each violation of §§ 153.01 through 153.09 of this chapter or of any regulation, order or rules promulgated hereunder shall constitute a misdemeanor and be punishable by a fine of not more than $50 or imprisoned for not more than 30 days or both the fine and imprisonment, and each day a violation continues to exist shall constitute a separate offense.
(Prior Code, § 150.99)
(B) Persons in violation of § 153.46 of this chapter can be subject, at the discretion of the Airport Commission/Town Council, to the following fines, payable to the town for airport purposes:
(1) First offense: $100;
(2) Second offense: $250; and
(3) Third offense: $500 and eviction from or excluded from airport use.
(Ord. passed 3-14-1963; Ord. passed - -2019)