8-2-5: COMMERCIAL USE OF AIRPORT:
   A.   License Requirements: Within thirty (30) days of the date of passage of this chapter, it shall be unlawful for any person to use the Weiser airport or airport facilities for commercial purposes without having first obtained a license therefor.
   B.   Commercial Purposes Defined: "Commercial purposes" are hereby defined as the use of the airport for aerial applicator services, flight instruction services, charter flight services and airplane mechanical services.
   C.   Application For License: Application for license shall be in writing, signed and sworn to by the applicant and upon application forms furnished by the city clerk. Such application shall be filed by the clerk and presented by the mayor and council at the next scheduled meeting of the council for their approval, rejection or further consideration.
   D.   License Fee:
      1.   A limited use license shall be granted for short time usage based on a fee established by the Weiser city council by resolution, payable in advance. The license shall permit the licensee to operate on the Weiser airport facility from January 1 through December 31 of the year of issue.
      2.   The amount of the license fee imposed is subject to change uniformly for all commercial purposes by resolution of the Weiser city council.
   E.   Issuance Of License: Upon filing the application for a license and upon payment of the required license fee, the clerk shall upon approval of the council issue to the applicant a license to use the Weiser city airport facilities for commercial purposes for the calendar year requested.
   F.   Additional Fees; Use Of Tie Downs:
      1.   Tie Down Fees: Any person using the Weiser airport tie down facilities shall be required to pay to the Weiser airport manager a fee established by resolution of the Weiser city council, payable in advance, for tie down privileges.
      2.   Use Of Tie Downs: Unauthorized tie downs on the Weiser airport facilities are prohibited; provided further, it shall be unlawful for any inoperable and/or unairworthy aircraft to use city tie downs for any period of time exceeding sixty (60) days.
      3.   Hangar Rental And Ground Lease:
         a.   Any person leasing a portion of the Weiser airport facilities for the purpose of constructing a private hangar thereon shall pay a fee established by resolution of the Weiser city council. Said fee shall be paid to the airport manager, who shall turn all funds over to the city clerk monthly, by the tenth of the month following for which fees have been collected.
         b.   Any person parking or storing a plane in the existing city hangars shall pay a fee established by resolution of the Weiser city council per plane for hangar space rental. Said hangar rental fees shall be paid to the airport manager on the first day of the month for which this space is rented, and all said hangar fees shall be paid by the airport manager to the Weiser city clerk by the tenth day of the month for which the fees have been collected.
         c.   Fair market rental rates as determined by resolution of the Weiser city council shall be charged for land rental for nonagricultural, commercial use on the Weiser airport facilities. Agricultural land shall be leased at terms approved by the city council.
   G.   Use Of Funds Collected: All monies collected for license fees, tie down fees, and land rental shall go into the city general fund for use and operation of the Weiser airport.
   H.   Hazardous Chemicals Prohibited:
      1.   The washdown of aircraft, its tankage or spraying apparatus of residual agricultural chemicals declared to be hazardous materials by the United States environmental protection agency is prohibited on airport property.
      2.   Operators handling, loading or unloading chemicals declared to be hazardous by the United States environmental protection agency shall be strictly liable for any spillage or contamination on airport property and for the cost of cleanup of such contamination. The operator shall notify the airport manager of any spillage or contamination on any airport property and shall immediately clean up and remove the contamination.
   I.   Penalty: Any person who violates any provisions of this section or fails to comply with any of the terms and conditions hereof, shall be guilty of a misdemeanor and shall be punished for such violation by a fine of up to three hundred dollars ($300.00) or a jail sentence up to ninety (90) days or by both such fine and jail sentence. (Ord. 904, 9-8-1980; amd. Ord. 967, 8-31-1987; Ord. 1222, 3-14-2011; Ord. 1257, 5-5-2021)