[7-2-1991; 2-17-2016; 2016 Code]
The purpose of this chapter is to facilitate a sound economic
base upon which the airport will thrive and grow and to insure the
public receives reliable, safe and nondiscriminatory treatment in
the conduct of authorized activities at the airport. This chapter
is also intended to protect the public health, safety and welfare
and to foster and promote the continued development of the airport
in a safe and efficient manner.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Zones. All zones established by this section are as shown on maps
entitled "Height limitation zoning map-Monroe municipal airport-Monroe,
Wisconsin" and dated January 17, 1989, and shall be and remain on
file in the office of the city clerk.
(B)
Authority. All other titles and chapters of this code are incorporated
in this chapter by reference. Whenever any provision of this chapter
conflicts with any other provisions of this code, the provision in
this chapter shall apply.
[7-2-1991; 2-17-2016; 2016 Code]
The board shall identify the zoning areas it adopts and note
the boundaries of each area upon zoning maps which shall be made a
part of this chapter. The maps shall be identified as "Zoning map
A - Monroe municipal airport," and "Zoning map B - Monroe municipal
airport." These maps shall be filed with the city clerk. The maps
and all notations, references, and other information shown upon the
maps shall be as much a part of this chapter as if the matters and
information set forth on the maps were fully described in this chapter.
The maps may be amended from time to time by resolution of the board.
[7-2-1991; 2-17-2016; 2016 Code]
In this chapter:
Means the vertical distance between any aircraft and the
ground beneath the aircraft as measured in feet. The elevation of
the ground shall be the highest ground surface or top of any structure
or obstruction within a 2,000 foot horizontal distance of the aircraft.
Means any license, permit or other authorization that is
required by the United States government or the state for the conduct
of a person's business.
Means all activities that involve, make possible, or are
required for the operation of aircraft, or which contribute to or
are required for the safety of such operation.
Means all contrivances used for flight in air or space, including,
but not limited to, airplanes, airships, dirigibles, helicopters and
gliders.
Means the land, developments, and improvements that are owned,
leased, or otherwise controlled by the city and operated as the Monroe
municipal airport.
Means any nonprofit Wisconsin corporation, nonprofit limited
liability company or nonprofit partnership organized for: a) sky diving;
b) parachuting; c) balloon flights; d) operation of ultra-light aircraft;
e) operation of model or radio controlled aircraft flights; f) any
other purpose related to the airport that is not otherwise addressed
in a classification of an airport user under this chapter.
Means any structure, object of natural growth, use of land,
or other activity that obstructs the air space required for the flight
of aircraft landing, taking off, or otherwise using the Airport.
Means a person that makes application for an operator license,
a lease authorizing use of a portion of the airport, or both.
Means those areas of the airport represented on zoning map
B – Monroe municipal airport labeled "apron."
Means the airport board of management as established by the
city.
Means any carrier conducting any aeronautical activity operating
under federal aeronautical regulations part 121 or 135.
Means an aircraft that is owned and operated by a flying
club or an airport activity club.
Means any activity conducted at, on, or from the airport,
that is intended to produce revenue payable to the person conducting
such activity.
Means those areas of the airport represented on zoning map
B - Monroe municipal airport labeled "commercial aviation areas."
Means any nonscheduled fare generating aircraft.
Means any hangar, other than an industrial hangar, that is
used or intended to be used either directly or indirectly for any
commercial activity.
Means that area of the airport represented on zoning map
B - Monroe municipal airport labeled "commercial hangar area."
Means any nonaeronautical revenue producing facility or service
for the convenience of the public using the airport.
Means the spraying of powdered or liquid insecticide or fertilizer
on crops from the air.
Means ambulances, crash rescue and fire fighting apparatus
and such other equipment as is necessary to safeguard airport runways,
taxiways, structures, ramps, and other property in emergency situations.
Means the federal aviation administration of the United States
government.
Means the federal communications commission of the United
States government.
Means a nonprofit Wisconsin corporation, nonprofit limited
liability company or nonprofit partnership of five or more individuals,
organized for the purpose of making aircraft available to its stockholders,
members or partners.
Means the monthly gross income of the relevant person derived
from the use of airport facilities, calculated by generally accepted
accounting methods.
Means any structure designed or used for aeronautical purposes,
or in which space is provided for aircraft storage or service.
Means the developed area between a taxiway and any hangar
over which aircraft may be moved.
Means those areas represented on zoning map A – Monroe
municipal airport.
Means an aircraft that is owned by a business entity, and
operated for free transportation of owners and other individuals or
property.
Means any hangar owned by a person that is used exclusively
for storage or maintenance of industrial aircraft.
Means those areas of the airport represented on zoning map
B - Monroe municipal airport labeled "industrial hangar areas."
Means a contract for the letting of land or tenement for
a specified period of time. For an operator engaged in a short term
commercial activity the term of a license issued to such operator
authorizing use of airport property for a specified period of time
shall be considered a lease of such property for the period of time
set forth in the license.
Means any modification, alteration or repair, either structural
or nonstructural in nature, performed by or at the direction of a
tenant.
Means the individual empowered by the board to administer,
oversee, and control the construction, operation, and maintenance
of the airport.
Means any hangar owned, leased or otherwise controlled by
the city.
Means that area of the airport represented on zoning map
B - Monroe municipal airport labeled "municipal terminal area."
Means national fire protection association.
Means a structure, tree, or use of land that does not conform
with the use regulations covering the area in which it is situated
as of the effective date of this chapter.
Means a notice containing information concerning the establishment,
condition or change in any aeronautical facility, service, procedure
or hazard, the timely knowledge of which is essential to personnel
concerned with flight operations.
Means the national transportation safety board of the United
States government.
Means the privilege or right to use the airport or airport
facilities for private, commercial, or any other purpose.
Means any person that has received an operator license.
Means written authority, granted by the city, allowing a
person to conduct commercial activity on or from the airport.
Means a space designated for the parking of a single vehicle
by lines painted or otherwise durably marked.
Means an aircraft owned by an individual and operated for
noncommercial purposes by such owner. "Private aircraft" includes
an aircraft used in the owner's business, so long as such use is incidental
to the business, and no income is directly attributable to the use
of the aircraft.
Means any hangar other than a municipal hangar, industrial
hangar, or commercial hangar.
Means that area of the airport represented on zoning map
B - Monroe municipal airport labeled "private hangar areas."
Means any area of the airport open to the public, including
the terminal, vehicle parking, and park areas, as designated on zoning
map B - Monroe municipal airport.
Means all public areas designed and used for the passage
of pedestrians or vehicles.
Means any use of land or other activity that creates electrical
interference with radio communication between the airport and aircraft.
Means that area of the airport represented on zoning map
B – Monroe municipal airport labeled "ramp."
Means all aircraft supported in flight partially or wholly
by rotating airfoils.
Means any sod or hard-surfaced area designated for the taking
off and landing of aircraft.
Means any structure capable of housing one or more aircraft
while same are being repaired.
Means a commercial activity that is operated for not more
than 30 consecutive days or more than a cumulative total of 60 days
in any calendar year.
Means a) FAA "Standards for specifying construction of airports"
and b) all other federal, state and city building codes and other
rules or regulations controlling construction on public airports.
Means the state of Wisconsin and all subdivisions thereof,
including, but not limited to, the state department of transportation,
bureau of aeronautics.
Means any object constructed or installed by any person.
Means the operator responsible for the daily operation and
management of the airport, under the supervision of the manager with
duties as specified in a contract between the operator and the city.
Means a T-shaped area within a hangar capable of housing
one airplane, whether such area is demarcated by walls or other means.
Means the sod and paved areas designated solely for the taxiing
of aircraft, represented by the area on zoning map B - Monroe municipal
airport labeled "taxiway."
Means any person that has entered into a written lease with
the city for use of facilities at the airport.
Means that area designed for the parking, tying down, and
storage of aircraft, and represented by the area on Zoning map B -
Monroe municipal airport labeled "tie downs."
Means an aircraft not using the airport as a base of operations.
Means any object of natural growth that will grow to a height
of more than five feet, excluding farm crops that are cut to the ground
at least once each year.
Means any aircraft used or intended to be used for manned
operation for recreation or sport purposes that does not have any
United States or foreign airworthiness certificate and that: a) If
unpowered, weighs less than 155 pounds; or b) If powered 1) weighs
less than 254 pounds empty weight, excluding floats and safety devices
that are intended for deployment in potentially catastrophic situations;
and 2) has a fuel capacity not exceeding five U.S. gallons; and 3)
is not capable of more than 55 knots calibrated airspeed at full power
in level flight; and 4) has a power-off stall speed which does not
exceed 24 knots calibrated airspeed.
Means any person that uses any portion of the airport for
any purpose.
Means those areas of the airport represented by zoning map
B - Monroe municipal airport labeled "utility and service area."
Means every device, excluding aircraft, in, upon, or by which
any individual or property may be transported, including snowmobiles
and any other recreation device.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
The manager shall be appointed by the board annually in January.
The manager shall serve a one year term, unless removed by the board
for violation of this chapter.
(B)
The manager shall act within the scope of authority granted to him
or her by the board. In addition to the general management of the
airport, the manager shall be responsible for all duties delegated
to him or her by the board.
(C)
The manager or his or her designee shall have the authority to issue
a NOTAM closing the entire airport or any part thereof, if, in the
manager's opinion, conditions of the airport or any part thereof are
unsafe for landing or takeoff. The manager shall notify the FAA flight
service station of the NOTAM in writing immediately following its
issuance. When the manager determines that the airport is again safe,
he or she shall provide written notice of that determination to the
FAA flight service station and the control tower in writing.
(D)
The manager shall have the authority to authorize uses of the airport
within the authority granted to him or her, so long as such uses do
not interfere with the safe and efficient operation of the airport.
(E)
The manager shall be responsible for the safekeeping of all lost
items given to him or her for 60 days. If such items are not claimed
within 60 days after the manager obtains custody of such item, the
manager may dispose of such item as he or she sees fit, without liability
to any person. The manager shall be under no duty to determine the
owner or other person entitled to possession of such item.
(F)
The manager shall attend all meetings of the board, unless excused
by the chairperson of the board.
[7-2-1991; 11-6-2002; 2-17-2016; 2016 Code]
(A)
License required. No person shall conduct any commercial activity
before obtaining an operator license from the city that authorizes
such activity. The city may require that a lease be signed by an applicant
before issuing an operator license to such applicant.
(B)
Other approvals. Every person conducting a commercial activity shall
maintain in good standing all necessary state and federal certificates
and activity licenses required for the conduct of such commercial
activity during the term of any lease or operator license issued under
this chapter and shall maintain at all times insurance coverage for
such commercial activity conforming to the minimum requirements established
from time to time by the board.
(C)
Term of license. An operator license issued under this chapter shall
be for a term ending on the next June 30 following the date of issuance.
[7-2-1991; 10-20-1992; 3-4-2003; 2-18-2004; 2-17-2016; 2016 Code]
(A)
There shall be 11 categories of operator licenses:
(1)
Operator license category I; line services.
A)
The operator shall be authorized to sell and dispense aviation
fuels, lubricants, or other aviation petroleum products. The operator
shall provide all necessary ramp assistance in the parking of aircraft
as is necessary to provide such services.
B)
The operator shall operate under contract with the city. The
terms of this contract and services to be performed shall be negotiated
annually.
C)
The operator shall have available such emergency aircraft starting
equipment, fire extinguishers, aircraft engine heaters, portable pressure
tanks, towing equipment, and other service equipment as is necessary
for the proper conduct of the operator's duties. The board shall provide
an itemized list of such required equipment to any applicant for a
category I operator license.
D)
The operator shall make available all generally used aviation
fuel and shall provide parking and tie down services for aircraft.
The operator may provide services for washing aircraft, inflation
of tires, changing of aircraft engine oil, and other minor repairs
not requiring a certified mechanics rating.
E)
The operator may be required to operate the unicom, and to make
available pilots' aeronautical maps, weather information, current
issues of the "Airman's guide and flight information manual."
(2)
Operator license category II; flight instruction.
A)
The operator shall be authorized to provide flight training,
including, but not limited to, flight review, biannual flight check,
advanced rating and ground school instruction, necessary to prepare
an individual to take all examinations required to obtain a pilot's
license or rating.
B)
The operator shall have available at least one FAA certified
flight instructor to cover the type of training offered. Such instructor
shall be an employee of the operator, or shall have a category II
operator license from the city.
C)
The operator shall comply with relevant sections of FAA part
141 regulations.
(3)
Operator license category III; aircraft charter and air taxi.
A)
The operator shall be authorized to provide air transportation
of individuals or property to the general public for hire, including
charter and commercial operations as defined in the federal aviation
act and FAA part 135 regulations as amended or replaced.
B)
The operator shall have available at least one pilot rated by
the FAA to permit the flight activity offered by the operator. Such
pilot shall be an employee of the operator or shall have a category
III operator license from the city.
(4)
Operator license category IV; aircraft sales.
A)
The operator shall be authorized to sell new or used aircraft
through franchises, licensed dealerships, or distributorships.
B)
The operator shall provide adequate arrangements for repair
and servicing of aircraft during any sales guarantee or warranty period.
The operator shall not conduct any repair or servicing of aircraft
beyond the sales guarantee or warranty period.
C)
The operator shall have available at least one individual having
a current private pilot certificate and hour requirements as specified
by the FAA for the type and category of aircraft to be demonstrated
for sale. Such pilot shall be an employee of the operator or shall
have a category IV operator license from the city.
D)
An applicant must file proof that it holds a valid sales or
distributorship franchise with the city clerk before being granted
a category IV operator license.
(5)
Operator license category V; aircraft rental.
A)
The operator shall be authorized to rent aircraft for operation
by student pilots or other pilots not employed by the operator.
B)
The operator shall have properly certificated airworthy aircraft
available for rental. The operator shall either own such aircraft,
or shall rent such aircraft under a written lease. The operator shall
provide all documentation regarding the ownership or lease of the
aircraft to the city upon demand.
C)
The operator shall have on hand, at all times, proper checklists
and operating manuals for every aircraft available for rental.
D)
Before entering into an agreement to rent or lease an aircraft
to any person, the operator shall deliver to such person written notice
which contains all of the following information:
1)
Whether the operator maintains insurance coverage for liability
arising from the use or maintenance of the aircraft.
2)
If liability coverage is provided, the limits of such coverage,
the amount of any deductible and a statement that the lessee may obtain
from the lessor or the lessor's insurance agent a copy of a certificate
of coverage that provides further information about any limitations
of coverage or other terms of coverage.
E)
The operator shall have available at least one FAA certified
flight instructor having a current commercial pilot license. This
flight instructor shall either be an employee of the operator or shall
have a category II operator license from the city.
(6)
Operator license category VI; Aircraft airframe and power plant
repair and maintenance.
A)
The operator shall be authorized to maintain and repair aircraft,
power plants, and accessories, and may sell aircraft parts and accessories.
B)
The operator shall have available at least one individual who
is certified by the FAA with ratings appropriate for the work being
performed, who shall hold either an airframe or a power plant rating,
or both. This individual shall be an employee of the operator or shall
hold a category VI operator license from the city.
C)
The operator shall have available the equipment, supplies and
parts, sufficient to perform all maintenance and repairs upon airframes
or air power plants under manufacturer's recommendations of the aircraft
being serviced. If such equipment, supplies and parts are not immediately
available, the operator shall have a source of supply from which the
same can be obtained upon a reasonable notice.
D)
The operator shall file with the city clerk all FAA certifications
required to operate its business under this operator license category.
(7)
Operator license category VII; Aircraft painting or repair of
interiors.
A)
The operator shall be authorized to paint aircraft and repair,
rehabilitate, and renovate aircraft interiors.
B)
The operator shall provide the building necessary for painting
operations, if the operator provides that service. Such building shall
include a segregated painting area meeting all applicable federal,
state and local code requirements.
C)
The operator shall have at least one individual available during
normal hours of operation who is qualified to do repairs for which
the operator is licensed. Such individual shall be an employee of
the operator or shall hold a category VII operator license from the
city.
(8)
Operator license category VIII; FAA authorized repair station
for avionic sales and services.
A)
The operator shall be authorized to engage in the operation
of an FAA authorized repair station to repair aircraft radios, instruments
and accessories for general aviation aircraft, and to sell new or
used aircraft radios, instruments and accessories.
B)
The operator shall have available at least one individual who
is a FCC rated repair technician. Such individual shall either be
an employee of the operator or shall hold a category VIII operator
license from the city.
C)
The operator shall file its FAA license and its FCC rating with
the city clerk.
(9)
Operator license category IX; Aircraft parking and storage.
The operator shall be authorized to engage in the temporary or permanent
parking or storage of aircraft.
(10)
Operator license category X; Specialized commercial flying services.
A)
The operator may provide air transportation for only those activities
that are expressly authorized by the operator license issued to such
operator.
B)
The operator shall lease from the city an area of sufficient
size from which to safely conduct business.
C)
Each operator engaged in the business of crop dusting or other
commercial use of chemicals shall:
1)
Except as otherwise authorized by the manager, provide a centrally
drained, paved area of not less than 2,500 square feet for aircraft
loading, washing and servicing.
2)
Abide by all state and federal regulations relating to safe
storage and containment of noxious and hazardous waste and stored
chemicals. Where no such regulations exist, the operator shall follow
all reasonable procedures for handling such materials as are required
by the manager.
3)
Provide the city with copies of all applicable permits and approvals
required by the Wisconsin department of agriculture, trade and consumer
protection and any other applicable regulatory agency.
4)
Place facilities related to such operations in a location on
the airport which will provide the greatest safeguard to the public,
as directed by the manager.
5)
Provide tank trucks or similar facilities for the handling of
liquid spray and mixing liquids.
6)
Provide adequate ground equipment for the safe handling and
safe loading of dusting materials.
D)
The operator shall have at least one individual on duty during
appropriate business hours who holds a current FAA commercial certificate
properly rated for the aircraft to be used and the type of operation
to be performed.
(B)
No operator license shall be transferred without the prior approval
of the board. The board may require a complete application from the
intended transferee before considering any transfer.
(C)
Nothing in this chapter shall be interpreted to give any operator
or applicant a right to an exclusive license or right of operation.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Application requirements. An applicant shall make a written application
on forms prescribed by the city. The application shall contain the
following information:
(1)
Applicant's legal name, business address and business telephone
number.
(2)
If applicant is other than a natural person, the following information:
A)
The legal basis upon which the applicant exists, including the
home state of the applicant and if the home state is other than Wisconsin
the basis upon which the applicant is authorized to do business in
Wisconsin.
B)
The legal name, home and business addresses, telephone number
and e-mail addresses [if any] of each officer, director or other person
possessing authority to act on behalf of the applicant and the nature
of such authority.
(3)
The business that the applicant intends to conduct at the airport.
(4)
A description of the space or area on the airport needed to
conduct the commercial activity and a request to use such space or
area.
(5)
Applicant's intended use of airport land, buildings, and other
facilities.
(6)
The legal name, home and business address, telephone number
and e-mail address [if any] of each person who will be responsible
for the operator's day to day operations at the airport.
(7)
Proof of compliance with all applicable state and federal requirements.
Such proof shall include, but shall not be limited to, proof that
the applicant holds current licenses for the business that applicant
intends to conduct or proof that the applicant has the qualifications
necessary to obtain and maintain such licenses.
(8)
Proof of insurance with coverage limits that comply with the
minimum requirements established from time to time by the board.
(C)
Fees. The fee for processing an application for any license required
by this chapter shall be set by the board. Such fee shall be tendered
at the time the application is submitted.
(D)
Action on the application.
(1)
No application shall be considered until the complete application is submitted to the board or the board's designee and the required application fee has been paid. An application that meets all the requirements of subsections 11-6-8(A) and (B) of this chapter shall be considered complete.
(2)
The board or the board's designee shall review each complete
application to determine whether the applicant has adequately demonstrated
that the applicant has complied with those items set forth in this
chapter. The board or the board's designee may conduct such investigation
into the content of the application as considered necessary. If such
investigation is conducted by the board's designee he or she shall
within 30 days following the filing of the application refer such
application to the board for final action or administratively approve
or deny such application if authorized to do so by the board. Failure
by the designee to approve or deny an application for which approval
authorization has been delegated by the board within 30 days following
the filing thereof shall be deemed to be a denial thereof as of the
30th day following the filing of such application unless such application
has been referred to the board for final action. The board shall consider
an application referred to the board for action within 30 days following
the referral. Failure of the board to act upon an application within
30 days following the referral shall be deemed to be a denial thereof
as of the 30th day following such referral.
(3)
The board's designee, or the board if an application is referred
to the board for final decision, may condition approval of the application
upon the addition of such terms and conditions as may be considered
necessary to protect the public, ensure safe operation of the airport,
and ensure appropriate development of the business and of the airport.
(4)
A final decision on the application shall be made within 60
days following submission of a complete application, including a decision
approving or denying any request for the lease of a municipal hangar.
If an application is denied, the reasons for such denial shall be
given to the applicant in writing and the application fee shall be
refunded to the applicant.
(E)
The applicant shall be under a continuing duty to report changes
in the information on the approved application to the city clerk.
(F)
Issuance of license. Each approved license shall be issued by the
city clerk within 10 days following approval thereof. No activity
for which a license is required shall be undertaken by an applicant
until a license authorizing such activity has been issued.
(G)
Other approvals. Issuance of a license shall not relieve the applicant
from obtaining other licenses and approvals required by the city or
other governmental authority having jurisdiction.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Application. Any person that wants to lease land or improvements
on the airport shall file an application with the board or the board's
designee. Such application shall include:
(1)
The applicant's legal name, business address and business telephone
number.
(2)
If the applicant's is other than a natural person, the following
information:
A)
The legal basis upon which the applicant exists, including the
home state of the applicant and if the home state is other than Wisconsin
the basis upon which the applicant is authorized to do business in
Wisconsin.
B)
The legal name, home and business address, telephone number
and e-mail address [if any] of each officer, director or other person
possessing authority to act on behalf of the applicant and the nature
of such authority.
(3)
The applicant's intended use of airport land, buildings, and
other facilities, including the estimated number of takeoffs and landings
per year.
(4)
An estimate of costs to be incurred by the applicant for development
and improvements to the airport to provide the intended service.
(5)
A schedule for development and construction of improvements.
(6)
The legal name, home and business address, telephone number
and e-mail address [if any] of each person who will be involved with
the use of the leased premises at the airport.
(7)
A current financial statement or other information adequate
to demonstrate, to the satisfaction of the board, that the applicant
has the financial resources to fulfill the applicant's obligations
under the lease.
(8)
A statement setting out the involvement of the applicant, or
any officer, director or agent of the applicant, with any other person
operating at the airport at the time of such application. If the applicant
or any officer, director or agent of the applicant, is involved with
such other person as an officer, director or agent, the applicant
shall also state whether such other person is in conformance with
all leases, operator licenses, and other contracts between the city
and the such other person.
(9)
Copies of the owner's aircraft registration and aircraft lease
documents.
(10)
Proof of insurance with coverage limits that comply with the
minimum requirements established from time to time by the board.
(B)
Action on the application.
(1)
No application shall be considered until the complete application is submitted to the board or the board's designee. An application that meets all the requirements of subsection 11-6-9(A) of this chapter shall be considered complete.
(2)
The board or the board's designee shall review each complete
application to determine whether the applicant has adequately demonstrated
that the applicant has complied with those items set forth in this
chapter. The board or the board's designee may conduct such investigation
into the content of the application as considered necessary. If such
investigation is conducted by the board's designee he or she shall
within 30 days following the filing of the application refer such
application to the board for final action or administratively approve
or deny such application if authorized to do so by the board. Failure
by the designee to approve or deny an application for which approval
authorization has been delegated by the board within 30 days following
the filing thereof shall be deemed to be a denial thereof as of the
30th day following the filing of such application unless such application
has been referred to the board for final action. The board shall consider
an application referred to the board for action within 30 days following
the referral. Failure of the board to act upon an application within
30 days following the referral shall be deemed to be a denial thereof
as of the 30th day following such referral.
(3)
Approval of the application may be conditioned upon the addition
of such terms and conditions as may be considered necessary to protect
the public, ensure safe operation of the airport, and ensure appropriate
development of the business and of the airport.
(4)
A final decision on the application shall be made within 60
days following submission of a complete application. If an application
is denied the reasons for such denial shall be given to the applicant
in writing.
(5)
The applicant shall be under a continuing duty to report changes
in the information on the approved application to the city clerk.
(6)
The applicant shall enter into a written lease with the city
within 30 days after a final decision approving the application. This
time period may be extended for good cause.
(7)
If the applicant does not enter into a written lease with the
city within the time set forth in this section, the approval shall
be considered withdrawn and the application voided. The applicant
may then file a new application under this chapter, which application
shall be reviewed according to the provisions of this chapter.
(C)
Every lease shall contain, at a minimum, the following information
and provisions:
(1)
The time period covered by the lease;
(2)
The amount to be paid for the annual rental of space;
(3)
A description of the structures and land to be used by the lessee;
(4)
A description of the business to be operated, if any;
(5)
A requirement that the lessee obtain and maintain insurance
as required by this chapter, with the city named as an additional
insured;
(6)
A requirement that the lessee maintain the leased premises in
good condition and a listing of such maintenance requirements;
(7)
A requirement that any modification of the lease shall be made
in a writing signed by the lessee and by a representative of the board;
(8)
A provision that the lessee shall not sublease the leased premises
without prior written authorization from the board;
(9)
If the lessee is an operator that is to be open to the public,
the lease shall contain a requirement that the lessee have its business
open and services available at reasonable hours and provide for qualified
personnel to be in attendance during normal operating hours;
(10)
If the lessee is an operator whose business involves air transportation,
the lease shall contain a requirement that the lessee have available
at least one properly certified aircraft equipped for the type of
transportation offered;
(D)
No lessee shall transfer or assign any lease without prior written
authorization of the board. If lessee is an entity, the sale or other
transfer of a majority ownership interest in such entity shall be
considered to be a transfer. The board's authorization to transfer
or assign shall not be unreasonably withheld.
(E)
It is in the public interest that the city encourage airport development
in those areas where substantial construction costs are incurred by
lessees, particularly when such construction is of industrial hangars,
commercial hangars or private hangars on airport property. To encourage
such construction, the board may approve long-term leases, low-rent
leases, leases that provide for re-examination and readjustment of
rates and charges at specified times during the lease term, and any
other type of lease that furthers this public interest.
(F)
Each lessee shall keep its leased property free from all fire hazards.
(G)
All lessees shall supply and maintain adequate and readily accessible
fire extinguishers approved by underwriters laboratories.
(H)
No person shall effect structural or decorative change of any structure
without prior written permission of the board.
(I)
Lessees shall be fully responsible for all damages to buildings,
equipment, real property, and appurtenances in the ownership or custody
of the airport caused by negligence, abuse or carelessness by the
lessee's employees, agents, customers, visitors, suppliers, or persons
with whom the lessee does business.
(J)
Lease rates. Rates for leasing city owned or controlled property
at the airport shall be set from time to time by resolution of the
board.
(K)
Insurance. Every lessee of city owned or controlled property at the
airport shall maintain at all times insurance coverage conforming
to the minimum requirements established from time to time by the board.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Finances.
(1)
All revenue derived from the use of the airport shall be collected
by the city treasurer. The city treasurer shall maintain records of
all such receipts, and shall deposit such revenue into a separate
and segregated fund.
(2)
The expenditures from such fund shall be made only upon approval
of the board or the board's designee.
(3)
The revenues shall be used only for maintenance, operation,
improvement, acquisition, and general management expenses of the airport.
(B)
Zone uses.
(1)
Apron areas shall only be used for temporary parking and servicing
of aircraft.
(2)
Commercial aviation areas shall only be used for the conducting
of business activities by operators, and storage of aircraft and materials
connected with such commercial activities.
(3)
Commercial hangar areas shall only be used for storage of commercial
aircraft and storage of motor vehicles when such aircraft is in use.
(4)
Industrial hangar areas shall only be used for storage of industrial
aircraft and storage of motor vehicles when such aircraft is in use.
(5)
The Municipal terminal area shall be maintained by the city
for the use of all patrons of the airport.
(6)
Private hangar areas shall only be used for the storage of private
aircraft and storage of motor vehicles when such aircraft is in use.
(7)
Public areas shall be open for the use of the public for any
use reasonably related to the use of the airport and not otherwise
prohibited by this chapter.
(8)
Tie down areas shall only be used for the long term parking,
tying down, and storage of aircraft.
(9)
The utility and service area shall be reserved for use by persons
expressly authorized by the board.
(C)
Special activities. No person shall conduct any of the following
activities on, from, or over the airport without the prior approval
of the board:
(1)
Aerobatic flight.
(2)
Ground demonstration.
(3)
Fly-in.
(4)
Balloon flights.
(5)
Parachuting.
(6)
Flour bombing.
(7)
Sky diving.
(8)
Operation of ultra-light aircraft.
(9)
Operation of model or radio controlled aircraft flights.
(10)
Meetings, conventions, picnics or other such gatherings involving
more than 10 people.
(11)
Any other activity that is outside of the normal operation of
the airport and that may affect the safe or efficient operation of
the airport.
(D)
Cleaning of aircraft. No person shall use any volatile, flammable
liquid having a flash point of less than 130 degrees Fahrenheit in
the cleaning of aircraft, aircraft engines, propellers, appliances,
or for any other purpose unless such operations are conducted in a
room specifically set aside and state approved for that purpose. Such
room shall be properly fireproofed and shall be equipped with adequate,
readily accessible, state approved fire extinguishing apparatus.
(E)
Flammable and combustible materials storage.
(1)
Liquids. Flammable and combustible liquids may be stored in
a hangar or other structure at the airport only in strict conformity
with NFPA standard no. 30 (Flammable and combustible liquids code-2015
edition) and any subsequent editions amendatory and supplemental thereto.
(2)
Signal flares. No person shall keep or store any signal flare
or other similar material in any hangar or other structure on the
airport, unless such material is stored in rooms or cabinets specifically
approved for such purpose by underwriter laboratories. This type of
material may be kept in aircraft provided it is in approved receptacles
installed in the aircraft for storage of such material.
(F)
Doping and painting.
(1)
No doping of areas larger than two square feet shall be conducted
on the airport, except in properly fireproofed and ventilated rooms
or buildings in which all illuminations, wiring, heating, ventilation
equipment, switches, outlets and fixtures are explosion-proof, spark-proof
and vapor-proof. In addition, all doors and windows in such room shall
open easily. Such room shall meet all federal, state and local building
codes.
(2)
Painting of more than 10 square feet shall not be permitted
on the airport except in licensed repair shops.
(3)
No aircraft painting or doping is permitted in any municipal
hangar.
(G)
Fueling and defueling aircraft.
(1)
Fueling operations.
A)
No aircraft shall be fueled or defueled while the engine is
running.
B)
No aircraft shall be fueled or defueled while the engine is
being warmed by application of heat from the exterior of the engine.
C)
No aircraft shall be fueled or defueled while such aircraft
is in a hangar or other enclosed space unless such aircraft is fueled
or defueled in connection with repair or maintenance operations by
an operator holding a license authorizing such repair or maintenance
operations.
D)
No individual shall smoke within 100 feet of an aircraft being
fueled or defueled.
E)
No individual shall operate any radio transmitter or receiver
in an aircraft during fueling or defueling.
F)
No individual shall switch any electrical appliance off or on
in an aircraft during fueling or defueling.
G)
No individual shall use any material or equipment during fueling
or defueling of aircraft which is likely to cause any spark or flame.
H)
No person shall start the engine of any aircraft when there
is any excess fuel under such aircraft.
I)
Fueling hoses and equipment shall be maintained in good, nonleaking
condition. All fueling hoses and equipment shall be approved by the
national board of fire underwriters.
J)
All hoses and equipment used in fueling or defueling operations
on the airport shall be equipped with a grounding device approved
by the manager.
K)
No aircraft shall be fueled or defueled while passengers are
on board, unless the aircraft doors are locked open.
L)
All persons engaged in the fueling and defueling of aircraft
shall exercise due care to prevent the overflow of fuel during such
operations.
M)
All persons engaged in the fueling or defueling of aircraft
shall remove all volatile liquids spilled during such operations.
(H)
Weapons and explosives. Unless expressly authorized by a clearly
preemptive state or federal law, no person shall carry or cause to
be carried any weapon or explosive on the airport, except as follows:
(1)
Legally encased sporting guns for transshipment.
(2)
Peace officers acting within the scope of their employment.
(3)
Post office employees acting within the scope of their employment.
(4)
Airport employees acting within the scope of their employment.
(5)
Members of the armed forces of the United States on official
duty.
(6)
Persons with written authorization of the board or the board's
designee to harvest game on the airport.
(I)
Flammable liquids.
(1)
No person shall carry or cause to be carried on the airport
any flammable liquid, except petroleum products, solvents, or other
liquids used in the normal fueling, repair, or operation of aircraft.
(2)
No person shall carry or cause to be carried in the airport
terminal any flammable liquid of any type.
(K)
Animal restrictions. No animal shall be permitted on the airport,
except:
(L)
Use of shop areas. No shop, garage, equipment or facility shall be
used by any person other than one to whom the item is leased, or an
employee of such person.
(M)
Solicitation. No person shall solicit fares, alms, or funds for any
purpose on the airport without prior permission of the board.
(N)
Open-flame operations. No person shall conduct open-flame operations
on the airport without the written permission of the manager.
(O)
Smoking. No person shall smoke on the airport apron, in any hangar
or shop, service station area, gasoline storage area or in any building,
room or within 100 feet of any fueling or defueling operations or
where otherwise prohibited by state law.
(P)
Trash.
(1)
All waste, rags, and other rubbish shall be kept in metal containers
with self-closing covers.
(2)
All waste, rags, and other rubbish shall be removed by each
operator and lessee daily.
(3)
Each operator and lessee shall be responsible for the proper
storage, transporting and disposal of all waste, rags, and other rubbish
generated by that person. If any such material escapes from the vehicle
transporting it, the person transporting it shall be responsible for
cleanup of such material. If the person does not clean up such material
to the satisfaction of the manager, the manager shall have the material
satisfactorily cleaned up, and shall charge the person with the cost
of such clean up.
(4)
No person shall permit the accumulation or storage of crates,
boxes, barrels or other containers on its premises.
(5)
Trash and garbage containers shall only be placed in areas designated
by the manager.
(6)
Every user shall keep the area for which that user is responsible
clean and sanitary at all times.
(7)
No fuels, oils, dopes, paints, solvents, or acids shall be disposed
of or dumped anywhere on the airport. All such materials shall be
disposed of as required under federal, state, and local law.
(Q)
Property damage. Any person damaging any light or fixture shall report
such damage to the manager's office immediately. Such person shall
be fully responsible for any costs required to repair or replace the
damaged item.
(R)
Floor care. Each user shall keep the floors of the hangars, hangar
areas and terminal apron and ramp areas used by them clean and clear
of oil, grease and other materials or stains, except as specifically
authorized by the board.
(S)
Storage of equipment. No person shall store or stack materials or
equipment in such a manner as to constitute a hazard to people or
property.
(T)
Municipal hangar regulations.
(1)
Each person using a municipal hangar shall extinguish all lights
and disconnect all electrical appliances before leaving such hangar.
(2)
Each person using a municipal hangar shall close and secure
the hangar doors when leaving the hangar for more than one hour.
(3)
Each person using a municipal hangar shall report any malfunctioning
of hangar doors or equipment to the manager promptly.
(V)
Miscellaneous provisions.
(1)
No person shall engage in a course of conduct that adversely
affects the safe or efficient operation of the airport, airport employees,
or other airport personnel.
(2)
No person shall resist or obstruct an airport employee while
such employee is doing any act in an official capacity and with lawful
authority. "Obstruct" includes, without limitation, knowingly giving
false information to the employee with intent to mislead him or her
in the performance of his or her duty.
(3)
During time of war or national emergency, the board may grant
a right of use of any or all airport facilities to the United States
of America for military use. All rights of use of all airport users
are subject to such grant. If such right of use is granted, it shall
suspend all operating privileges of all other users of the airport,
and shall not be considered a taking of property.
(W)
No person shall engage in any activity that:
(1)
Obstructs the view of persons operating aircraft on the ground
at the airport.
(2)
Makes it difficult for pilots to distinguish between airport
lights and other lights.
(3)
Results in glare in the eyes of pilots using the airport.
(4)
Impairs visibility in the vicinity of the airport.
(5)
Endangers or is hazardous to the landing, taking off or maneuvering
of aircraft using the airport.
(6)
Creates a radio hazard on or in the immediate vicinity of the
airport.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Aircraft registration.
(1)
The owners of all aircraft based on the airport shall register
their aircraft with the manager's office within seven days after bringing
the aircraft on the airport, and before beginning operations.
(2)
If there is any change in the ownership of a registered aircraft,
the registered owner or owners shall report such change of ownership
to the manager within seven days following the transfer of ownership.
The new owner or owners shall register the aircraft within 14 days
following the transfer of ownership.
(B)
Aeronautical activities. All aeronautical activities at the airport
and above the airport, shall be conducted in conformity with orders
issued by the board and the current pertinent provisions of the Wisconsin
state aeronautics board.
(C)
Accidents and incidents.
(1)
Any person involved in any aircraft accident or incident occurring
on the airport shall, within 10 business days, make a full written
report thereof to the manager. Such report shall be made on a form
provided by the manager.
(2)
When a written report of an accident or incident is required
by FAA regulations, a copy of such report shall be submitted to the
manager in lieu of the report required by this section.
(3)
All disabled aircraft, parts of such aircraft, and all debris
related to such aircraft shall be promptly removed from all areas
where the public can see such items and from the landing area.
(4)
If any person refuses to move a disabled aircraft as directed
by the manager, the manager may have the aircraft towed away at the
expense of the aircraft owner or operator. Neither the city, the board,
the manager, nor any person towing such aircraft at the direction
of the manager shall be liable for any damage that may result in the
course of, or at any time following, such towing.
(5)
Subsections (C)(1) through (C)(4) of this section shall be subject
to NTSB Regulation 830.
(D)
Warm-up. No aircraft shall perform warm-up or engine test operations
in any area that would result in a hazard to other aircraft, persons
or property.
(E)
Taxiing rules.
(1)
Each individual operating an aircraft shall visually inspect
the area surrounding the aircraft before beginning any operation involving
the movement of the aircraft.
(2)
No person shall taxi an aircraft until he or she has determined
that there will be no danger of collision with any individual or object
as a result of such taxiing.
(3)
No aircraft shall be taxied in a careless or reckless manner.
(4)
No aircraft shall be taxied except at a safe and reasonable
speed.
(5)
All aircraft shall be taxied under prescribed taxiing patterns.
(6)
No person shall start or run any engine in any aircraft unless
a competent person is in the aircraft attending the engine controls.
(7)
Blocks shall be placed in front of the wheels of all aircraft
before starting any engine on such aircraft unless such aircraft is
provided with adequate brakes.
(8)
No person shall run any engine of an aircraft so as to cause
damage to other aircraft or property, or in such a manner as to blow
paper, dirt, or other materials across taxiways or runways in such
manner as to endanger the safety or operations on the airport.
(F)
Landing and takeoffs.
(1)
Each person landing or taking off from the airport shall follow
the following procedures:
A)
Landing aircraft shall maintain traffic pattern altitude until
turning onto base leg before commencing final approach.
B)
Aircraft taking off from the airport shall climb out straight
ahead from the end of the runway until at least 400 feet above ground
level. However, aircraft making practice takeoffs and landings, shall
make their first turn at a point at least 1,000 feet beyond end of
the runway and at an altitude of not less than 400 feet above ground
level, continuing to climb after their first turn until the aircraft
reaches an altitude of at least 800 feet above ground level.
C)
Each person landing or taking off from the airport shall maintain
a left-handed rectangular traffic pattern, unless otherwise directed
by the manager.
(2)
Takeoffs and landings over populated areas shall be kept to
a minimum for public safety and convenience.
(3)
Pilots possessing a student permit only shall only land or take
off at the airport while on a cross-country flight to further their
aeronautical knowledge, or while under the supervision of a qualified
instructor.
(4)
No motorless aircraft, nor any aircraft with a total loaded
weight of more than 30,000 pounds, shall land or take off from the
airport without the prior authorization of the manager.
(G)
Aircraft parking. No person shall park any aircraft on other than
the apron areas or tie down areas without the prior written permission
of the manager.
(H)
Rotorcraft shall not operate within 200 feet of any area where light
aircraft is parked or operating, except for refueling operations.
(I)
Miscellaneous regulations. No person shall use oil warming devices
or electrical heating devices for an aircraft unless such devices
are an integral part of the aircraft.
(J)
Reckless flying; penalty.
(1)
In this subsection, "drug" means:
A)
Any substance recognized as a drug in the official U.S. pharmacopoeia
and national formulary or official homeopathic pharmacopoeia of the
United States or any supplement to either of them;
B)
Any substance intended for use in the diagnosis, cure, mitigation,
treatment or prevention of disease or other conditions in persons
or other animals;
C)
Any substance other than a device or food intended to affect
the structure or any function of the body of persons or other animals;
or
D)
Any substance intended for use as a component of any article
specified in subsections (J)(1)A) to (J)(1)C) of this subsection,
but does not include gases or devices or articles intended for use
or consumption in or for mechanical, industrial, manufacturing or
scientific applications or purposes.
(2)
In this subsection, "controlled substance" has the meaning set
forth in the controlled substances act under the Wisconsin statutes.
(3)
No individual may operate an aircraft in the air or on the ground
or water while under the influence of intoxicating liquor or controlled
substances or a combination thereof, under the influence of any other
drug to a degree which renders him or her incapable of safely operating
an aircraft, or under the combined influence of intoxicating liquor
and any other drug to a degree which renders him or her incapable
of safely operating an aircraft, nor operate an aircraft in the air
or on the ground or water in a careless or reckless manner so as to
endanger the life or property of another. In determining whether the
operation was careless or reckless the court shall consider the standards
for safe operation of aircraft prescribed by federal statutes or regulations
governing aeronautics. The court shall make a written report of all
convictions, including bail or appearance money forfeitures obtained
under this subsection to the Wisconsin department of transportation,
which shall send the report to the proper federal agency.
(4)
Any person violating any provision of this subsection shall
upon conviction be subject to a class 5 forfeiture for the first offense
and a class 2 forfeiture for the second or subsequent offense.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Each member of a flying club must be a bona fide partner, member
or shareholder in the club. The ownership of a flying club shall be
divided equally among the partners, members or shareholders.
(B)
No flying club shall derive greater revenue from the use of its aircraft
than the amount necessary for the operation, maintenance, and replacement
of its aircraft.
(C)
Club aircraft may only be operated by bona fide club members. Such
aircraft shall not be used for hire, charter, air taxi, or other commercial
activities.
(D)
Flight instruction may be given in club aircraft to club members,
so long as such flight instruction is given by an operator holding
a Category II operator license. The giving of such instruction shall
not be considered commercial use of club aircraft.
(E)
Each flying club shall file a complete list of the club's membership
with the city clerk. Such list shall be updated upon any change of
membership, but no less often than annually. Such list shall set forth
each club member's name, address, telephone number, type of ownership
interest in the club, and the extent of that ownership interest.
(F)
Each flying club shall enter into a lease at the airport.
(G)
Each flying club shall provide the city with copies of aircraft registrations
for each club aircraft.
(H)
Each flying club shall maintain a master flight log describing the
use category of each of the club's aircraft and the purpose of each
flight made. When a flight is made for flight instruction, the log
entry shall also include the student's name, the flight instructor's
name, and the flight instructor's operator license number. This log
shall be made available to the board upon request.
(I)
Each flying club shall maintain insurance with coverage limits that
comply with the minimum requirements established from time to time
by the board and shall file proof of such insurance with the board
or the board's designee.
(J)
A flying club may conduct noncommercial ground activities involving
club members and their immediate families, in the area leased by it,
without prior approval. All other activities of a flying club must
be approved by the board before the activity is to take place, and
no flying club, nor any member of such a club, shall conduct any such
activity at the airport without such prior approval.
(K)
The area in which a flying club's activities may be conducted shall
be designated by the board. The board may change this area from time
to time, in the interests of safe and efficient use of the airport.
This area may or may not correspond to the area leased by the club.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
No airport activity club shall derive greater revenue from the use
of its aircraft than the amount necessary for the operation, maintenance,
and replacement of its aircraft.
(B)
Club aircraft may only be operated by bona fide club members. Such
aircraft shall not be used for hire, charter, air taxi, or other commercial
activities.
(C)
Flight instruction may not be given in club aircraft.
(D)
Each airport activity club shall file a complete list of the club's
membership with the city clerk. Such list shall be updated upon any
change of membership, but no less often than annually. Such list shall
set forth each club member's name, address, telephone number, type
of ownership interest in the club, and the extent of that ownership
interest.
(E)
Each airport activity club shall provide the city with copies of
aircraft registrations for each club aircraft.
(F)
Each airport activity club shall maintain a master flight log describing
the use category of each of the club's aircraft and the purpose of
each flight made. This log shall be made available to the board upon
request.
(G)
An airport activity club may conduct noncommercial ground activities
involving club members and their immediate families, in the area leased
by it, without prior approval. All other activities of an airport
activity club must be approved by the board before the activity is
to take place, and no airport activity club, nor any member of such
a club, shall conduct any such activity at the airport without such
prior approval. The board shall not approve an activity unless the
applicant provides proof of insurance with coverage limits that comply
with the minimum requirements established from time to time by the
board.
(H)
The area in which an airport activity club's activities may be conducted
shall be designated by the board. The board may change this area from
time to time, in the interests of safe and efficient use of the airport.
(I)
At least 24 hours before each airport activity club activity, except
ground activities, the club shall request the manager to file an appropriate
NOTAM. Such request shall include the date, beginning time and the
ending time of the activity. Such request shall be made by a bona
fide officer of the club.
(J)
If any aerial activity of an airport activity club is to occur within
federal aeronautical regulations part 77 airspace, the club shall
provide, at its own expense, appropriate radios, operating on the
airport's unicom frequency and meeting all FCC and FAA requirements.
No aerial activities shall be conducted by the club unless such radio
is operating and attended. The individual attending such radio shall
be properly trained in its use and shall notify all nearby aircraft
of the club activities. The individual attending such radio shall
not be engaged in any other activity during such attendance.
(K)
If any aerial activity of an airport activity club is to take place
more than 500 feet above ground level the club shall, at all times
during such activities, maintain radio contact with VFR advisories
with Rockford approach control. The club shall notify Rockford approach
control before beginning each such aerial activity and again upon
completion of each such activity. The club shall also notify all local
air traffic of such activity, on the local unicom frequency, immediately
before and upon completion of such activity.
(L)
Each airport activity club shall maintain and make available to the
manager a club activity record describing each activity conducted
by the club, except ground activities on the area leased by the club.
Such activity records shall include, at a minimum, names of participants,
type of activities, number and times of functions, name and address
of radio operator, and the complete radio operation log.
[7-2-1991; 2-17-2016; 2016 Code]
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Registration. No individual shall operate any motor vehicle on the
airport except on public thoroughfare without first registering the
motor vehicle with the manager and obtaining written permission for
such operation. Emergency equipment is exempt from this provision.
(B)
Licensing. No individual shall operate motorized ground equipment
on the airport without a valid operating license for such equipment
issued by such individual's state of residence.
(E)
Accident reports. Any individual involved in an accident on the airport
shall file a written report with the city police department as soon
as possible, but not later than 24 hours from the time of the accident.
(F)
Lighting requirements.
(1)
All vehicles operating on the airport between sunset and sunrise
shall have fully operating headlights and tail lights visible for
at least 500 feet.
(2)
All fuel trucks and service vehicles shall carry an overhead
360 degree revolving amber beacon.
(3)
In addition to those requirements set forth in subsections (F)(1)
and (F)(2) of this section, all vehicles operating on the airport
shall meet all applicable FAA lighting requirements.
(G)
Every individual operating a motor vehicle on the airport shall give
proper signals, and shall comply with all posted traffic signs.
(H)
No individual under the influence of liquor or narcotic drugs shall
operate a motor vehicle on the airport.
(I)
No individual shall operate any motor vehicle on the airport if such
motor vehicle is overloaded or carrying more passengers than that
for which the vehicle was designed.
(J)
No individual shall ride on the running board of a vehicle or otherwise
ride on the outside of a motor vehicle while such vehicle is in motion.
For purposes of this subsection, the bed of a pickup truck shall not
be considered the outside of a motor vehicle.
(K)
No individual shall stand up in the body of a motor vehicle while
that motor vehicle is in motion.
(L)
No individual shall operate a motor vehicle while any other individual's
arms or legs are protruding from the body of such motor vehicle.
(M)
No motor vehicle shall be operated on the airport if it is so constructed,
equipped, or loaded as to endanger people or property.
(N)
No individual shall operate a motor vehicle on the airport unless
such vehicle is equipped with exhausts protected by screens or baffles
to prevent the escape of sparks and the propagation of flame on the
airport.
(O)
Parking.
(1)
No individual shall park a motor vehicle on the airport, other
than in areas specifically established for parking and in the manner
prescribed by signs, lines, or other means, unless such parking is
approved in advance by the manager.
(2)
A lessee may park automobiles inside leased space only when
the aircraft is in use, or when the lessee is on an extended trip
by aircraft.
(3)
All employees of firms conducting business at the airport shall
park in areas specifically designated for employee parking.
(4)
Any motor vehicle parked in violation of this section may be
towed or otherwise moved at the direction of the manager and at the
owner's or operator's expense.
(P)
No person shall abandon any motor vehicle on the airport.
(Q)
Ground transportation.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
No pedestrian is allowed on the airport except in the terminal, on
public thoroughfares, or on the apron or aircraft tie-down areas while
embarking or disembarking from an aircraft, without first registering
with the manager and obtaining written permission for his or her presence
elsewhere on the airport.
(B)
The manager may give permission for pedestrian traffic into prohibited
areas. The authority hereby granted may be delegated to the supervisor
by the manager.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Before commencement of any construction, alteration, repair or removal
of any structure on the airport, the plans for such work shall be
presented to the board for its approval. The board shall review such
plans to determine if the proposed work conforms with zoning map A
- Monroe municipal airport and zoning map B - Monroe municipal airport.
The board shall also determine whether the proposed work will be consistent
with then-existing structures and the plans for future development
of the airport. If the proposed work conforms, and is consistent,
the board shall approve the plans for submittal to the building inspection
department for its approval. No work shall be allowed unless the plans
have been approved by the board and the building inspection department.
(B)
No structure shall be constructed, altered, repaired or removed,
unless the owner or lessee of such structure has obtained a license
approved by the board for such work. Such license shall be posted
along with the building permit authorizing such work.
(C)
No tree may be planted without a permit from the board. The building
inspector may order any tree planted without a permit to be removed
at the expense of the person that planted such tree.
(D)
The board shall not authorize the construction, alteration, or repair
of any structure that would become a greater hazard to air navigation
than it is when the application for license is made.
(E)
As a precondition to the issuance of any license under this section,
the applicant for such license shall be required to grant the city
permission to install, operate and maintain such markers and lights
on such structure as are considered necessary to show the presence
of an airport hazard. Installation, operation, and maintenance of
such markers and lights shall be at the sole expense of the city.
(F)
All hangars shall be of metal or masonry construction, or of a pole-type
construction with an exterior metal covering.
(G)
All construction, alteration, and repair of structures on the airport
shall be in compliance with standard construction specifications.
(H)
Nothing in this chapter shall be construed to require the removal,
lowering or other change or alteration of any nonconforming use. However,
any alteration or modification of a nonconforming use commenced after
the effective date of this chapter shall be in conformity with this
chapter.
(I)
The building inspector of the city shall be responsible for enforcing
the building regulations set forth in this chapter. The regulations
in this chapter are intended to supplement the city building code.
To the extent that the provisions of this chapter are inconsistent
with the city building code, the provisions of this chapter shall
be controlling.
[7-2-1991; 2-17-2016; 2016 Code; 2-1-2021]
(A)
The board shall set, and periodically review, a schedule of fees
for certified air carriers. Such fees shall include, but shall not
be limited to, ramp fees, and floor rental charges. Ramp fees shall
be based on aircraft weight and frequency of landings. All fees set
pursuant to this subsection shall apply equally to all certified air
carriers, whether scheduled or nonscheduled.
(B)
The board shall set, and periodically review, a schedule of fees
for the rental of municipal hangars, public parking areas, and other
airport facilities.
(C)
The board may require that payment of charges made under this chapter
be paid before granting an aircraft clearance to depart from the airport.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Appeal and review of any decision of the board under this chapter shall be conducted under chapter 5 of Title 2 of this code.
(B)
The board of appeals may, after investigation and public hearing,
grant such variances from the provisions of this chapter if it finds:
(1)
The granting of the variance will be in the public interest;
and
(2)
Special conditions exist, and under such special conditions,
a literal enforcement of the provisions of this chapter would result
in unnecessary hardship to the person requesting the variance; and
(3)
The granting of the requested variance will do substantial justice
and will be in accord with the spirit of this chapter; and
(4)
The granting of the variance will not create a hazard to the
safe, normal operation of the airport.
[7-2-1991; 2-17-2016; 2016 Code]
(A)
Except as otherwise noted in this chapter, each violation of this
chapter shall be punishable by a Class 1 forfeiture.
(B)
Each day or partial day of violation of the provisions of this chapter
shall be considered a separate violation.
(C)
The board may revoke or suspend any license granted under this chapter for violation of any provision a this chapter, under the procedures set out in chapter 5 of Title 3 of this code for suspension or revocation of licenses.
(D)
The board may suspend or revoke the operating privileges of any person for violation of this chapter, or for violation of any other provision of this code, under the procedures set out in chapter 5 of title 3 of this code for suspension or revocation of licenses. A person that has had its operating privileges suspended or revoked shall not be entitled to conduct any commercial or noncommercial activities from or on the airport during the period of such revocation or suspension.
(E)
The manager or his or her designee shall be authorized to remove
from the airport any individual who violates any provision of this
chapter relating to the safe operation of the airport. Such removal
may be in addition to, or preceding, any suspension or revocation
of a license or operating privileges. The manager shall not be liable
to any person for his or her lawful actions under this subsection.
[7-2-1991; 2-17-2016; 2016 Code]
This chapter shall not apply to scheduled certificated or scheduled
commuter airline operating under FAA part 121 or 135 regulations.
However, any scheduled certificated or commuter airline desiring to
operate at the airport shall be required to enter into a lease and
operating rights agreement with the city, which agreement shall provide
for payment of fees, leasing of space and establishment of operating
rules and regulations relative to such airlines' operations at the
airport.
[7-2-1991; 2-17-2016; 2016 Code]
The provisions of this chapter are declared to be severable.
If any provision of this chapter is declared invalid by a decision
of a court of competent jurisdiction, any other provision not specifically
invalidated by such decision shall remain valid and in effect.
