[HISTORY: Adopted by Allegheny County as
indicated in article histories. Amendments noted where applicable.]
[Adopted 8-7-1980, as amended through 5-23-1991]
As used in this article, the following terms
shall have the meanings indicated:
Any contrivance used or designated for navigation of, or
flight in, or ascent into, the air, except a parachute or other contrivance
designed and used primarily as safety equipment.
All airlines using the airport without having a lease or
operating agreement with the County of Allegheny.
The Pittsburgh International Airport, as it now exists or
hereafter may be changed, modified or expanded.
Includes such public officials and public bodies as may by
operation of law succeed to any or all of the rights, powers or duties
which as of September 1, 1988, lawfully resided in the Board of County
Commissioners.
The County of Allegheny.
The Director or Acting Director of County's Department of
Aviation; as from time to time appointed by the Board of County Commissioners.
That space on the mezzanine and second floors of the present
terminal complex occupied by an airline.
Any aircraft using Pittsburgh International Airport, which
aircraft are not operated as part of any airline.
Any airline using Pittsburgh International Airport on an
irregular basis and not pursuant to a schedule published in the official
airline guide, and not occupying space in the main terminal complex
on a regular basis.
That space in the present terminal complex in which airline
has joint utilization rights with other users.
That space occupied by airlines which was previously constructed
or is hereafter constructed as additions to the present terminal complex
directly by an airline or space previously constructed or hereafter
constructed as additions to the present terminal complex by County,
but for which as airline has advance to County cash for the payment
of the construction costs of said space.
The maximum weight, expressed in one-thousand-pound units,
at which an aircraft is authorized to land at the airport.
Any occupancy, possession or use of the facilities at Pittsburgh
International Airport shall be limited to a "tenancy at will."
That space in the present terminal in which airline has priority
in use over other airlines or users.
All that space in the present terminal complex leased to
an airline other than airline fixed rate space and airline M&O
rate space.
An airline using Pittsburgh International Airport on a regularly
scheduled basis and occupying space in the present terminal complex.
A.Â
Except as otherwise provided herein, for each resident
airline, itinerant airline, or itinerant aircraft arrival at the airport,
there shall be paid to the County a landing fee based on the maximum
gross landed weight of the aircraft and calculated at the rates established
from time to time by the Board of County Commissioners.
B.Â
The landing fee specified above shall be due and payable
immediately upon the landing of the aircraft and the owner, the operator
and the pilot of each aircraft shall be jointly and severally liable
to the County for the payment of all landing fees for that aircraft,
and the County may, at its option, demand and collect the landing
fee from any of them or from such other person as may be in charge
of the aircraft. The landing fee specified above shall be due and
payable in such manner and at such place and at such time as the Director
shall from time to time determine, but in no event later than 30 days
from the time it is incurred.
C.Â
The provisions of this section shall not apply to:
(1)Â
Aircraft whose owner or operator is a party to a contract
with the County providing for payment of landing fees.
(2)Â
A landing by an aircraft which, having taken off from
the airport and not having landed at another airport, returns to the
airport because of actual or anticipated mechanical, meteorological,
operating or other difficulties.
(3)Â
An emergency landing, as defined by the Federal Aviation
Administration.
(4)Â
Aircraft of the United States of America or Commonwealth
of Pennsylvania.
(5)Â
Aircraft exempt by Federal or Pennsylvania law from
the payment of landing fees.
(6)Â
Arrivals of airline aircraft conducting training,
test, ferry, courtesy, inspection and other flights as set forth herein
for which no monetary fee or charge is made or received shall be exempt
to the extent that the total number of flights by airline in any given
month is not more than 5% of the number of aircraft arrivals by airline
at the airport during that month for which a monetary fee or charge
is made.
A.Â
Except as otherwise provided herein, for each aircraft
parked on the cargo ramp, or such other area of the airport as may
from time to time be designated by the Director as an aircraft parking
area, including the terminal ramp during such hours that it is designated
by the Director as an aircraft parking area, there shall be paid to
the County an aircraft parking fee based on the maximum gross landed
weight of the aircraft and calculated at the rates established from
time to time by the Board of County Commissioners.
B.Â
The aircraft parking fee shall be due and payable
in such manner and at such place and at such time as the Director
shall from time to time determine, but in no event later than the
time of the departure of the aircraft from the parking area for itinerant
aircraft and itinerant airlines, and the owner, the operators and
the pilot of each and all aircraft shall be jointly and severally
liable to the County for the payment of each aircraft parking fee
for that aircraft. The County may, at its option, demand and collect
the aircraft fee from any of the above or from such other person as
may be in charge of the aircraft.
C.Â
Exceptions.
(1)Â
The provisions of this section shall not apply to:
(a)Â
Aircraft whose owner or operator is a party to a contract
with the County providing for payment of aircraft parking fees.
(b)Â
Aircraft of the United States of America or the Commonwealth
of Pennsylvania.
(c)Â
Aircraft which are by federal or Pennsylvania law
exempt from the payment of aircraft parking fees.
(d)Â
Aircraft in the process of loading and unloading passengers;
and fueling; provided that this exemption shall not exceed one hour
in any given instance.
(2)Â
However, notwithstanding this exemption, airline or
aircraft may be subject to other fees and charges under this article.
A.Â
Except as otherwise provided herein, for each and
every operation by an itinerant airline aircraft requiring the use
of a terminal ramp or gate at the airport, there shall be paid to
the County a ramp fee and a gate fee per operation calculated at the
rates established from time to time by the Board of County Commissioners.
For purposes of this section, an "operation" shall mean each one-hour
period or fraction thereof during which the aircraft is utilizing
ramp or gate facilities at the airport.
B.Â
The above ramp and gate fee shall be due and payable
at such time as the Director shall from time to time determine, but
in no event later than the time of the departure of the aircraft from
the ramp area for itinerant aircraft and itinerant airlines, and the
owner, the operator and the pilot of each and all aircraft shall be
jointly and severally liable to the County for the payment of each
ramp and gate fee for that aircraft. The County may, at its option,
demand and collect the ramp and gate fee from any of the above described
or from such other person as may be in charge of the aircraft.
C.Â
Resident airlines shall pay a lineal foot ramp fee
per month at a rate established from time to time by the Board of
County Commissioners for each lineal foot occupied during any portion
of the calendar month, provided that a resident airline whose first
day of use of the ramp is on or after the 15th day of the month shall
be exempt from payment of the ramp fee for that calendar month. Said
lineal ramp fee shall be due and payable in such manner and at such
place and at such time as the Director shall from time to time determine,
but in no event later than 30 days from the time it is incurred.
D.Â
The provisions of this section shall not apply to:
(1)Â
Aircraft whose owner or operator is a party to a contract
with the County providing for payment of ramp and gate fees.
(2)Â
Aircraft of the United States of America or the Commonwealth
of Pennsylvania.
(3)Â
Aircraft which are by federal or Pennsylvania law
exempt from the payment of ramp and gate fees.
A.Â
Each and every operator who shall occupy, preferentially
or jointly, space in the terminal building at the airport shall pay
to the County an amount based upon the amount of square footage so
occupied and calculated at rates established from time to time by
the Board of County Commissioners. As applied to joint-use space,
charges for such usage shall be apportioned between the users as follows:
For each and every operator, or other use, of
the cargo facilities, who shall occupy space in the cargo facilities
without having executed a cargo agreement with the County, there shall
be a charge of per square foot per year at a rate established from
time to time by the Board of County Commissioners.
For each and every enplaned passenger of airline,
both resident and itinerant, requiring preboarding screening in accordance
with FAA regulations, there shall be a charge for each enplaned passenger
at a rate established from time to time by the Board of County Commissioners,
payable monthly in accordance with procedures which the Director may
from time to time establish.
A.Â
Except as otherwise provided herein, for each and
every operation by an aircraft requiring the use of the ramp or facilities
of the international arrivals building at the airport, there shall
be paid to the County a ramp fee and a facilities fee per operation
at rates established from time to time by the Board of County Commissioners.
For purposes of this section, an "operation" shall mean each one-our
period or fraction thereof during which the aircraft is utilizing
said ramp or gate facilities at the airport.
B.Â
The ramp and facilities fee described in Subsection A of this section shall be due and payable at such time as the Director shall from time to time determine, but in no event later than the time of the departure of the aircraft from the ramp or facilities area, and the owner, the operator and the pilot of each aircraft shall be jointly and severally liable to the County for the payment of each ramp and facilities fee for that aircraft. The County may, at its option, demand and collect the ramp and facilities fee from any of the above-described or from such other person as may be in charge of the aircraft.
C.Â
The provisions of this section shall not apply to:
(1)Â
Aircraft whose owner or operator is a party to a contract
with the County providing for payment of said ramp and facilities
fees.
(2)Â
Aircraft of the United States of America or the Commonwealth
of Pennsylvania.
(3)Â
Aircraft which are by federal or Pennsylvania law
exempt from the payment of such ramp and facilities fees.
A.Â
Any person violating any provision of this article
shall, upon conviction thereof at a summary proceeding, be sentenced
to pay a fine not in excess of $100 to be paid to the use of the County,
with costs of prosecution, or to be imprisoned in the County jail
for not more than 30 days, or both.
B.Â
In addition to any sums paid pursuant to Subsection A of this section, any person violating any provision of this subpart may, at the discretion of the County, be required to pay a civil fine of $500, which fine may be collected by suit brought in the name of the County in like manner as debts of like amount may be sued for.
C.Â
Each violation hereunder shall constitute a separate
offense subject to the penalties and fines set forth in this section.
All users of airport facilities shall abide by the terms and conditions of use and occupancy, attached to this subpart as Exhibit A, and made a part hereof.[1]
[1]
Editor's Note: Exhibit A is included at the end of this chapter.
The County police shall have the power to enforce
this article, and the Director shall have the power and duty to administer
this article, including, but not limited to, the power and duty to
design and require the use of such forms, and to establish such procedural
rules as he shall from time to time deem necessary or conducive to
the proper and efficient administration of this article.
[Adopted 9-6-1988]
As used in this article, the following terms
shall have the meanings indicated:
Any contrivance used or designated for navigation of, or
flight in, or ascent into, the air, except a parachute or other contrivance
designed and used primarily as safety equipment.
The Allegheny County Airport, as it now exists or hereafter
maybe changed, modified or expanded.
Such public officials and public bodies as may by operation
of law succeed to any or all of the rights, powers or duties which
as of January 1, 1982, lawfully resided in the Board of County Commissioners.
The County of Allegheny.
The Director or Acting Director of County's Department of
Aviation; as from time to time appointed by the Board of County Commissioners.
The maximum weight, expressed in one-thousand-pound units,
at which an aircraft is authorized to land at the airport.
A.Â
Except as otherwise provided herein, for each aircraft
arrival at the airport there shall be paid to the County a landing
fee based on the maximum gross landing weight of the aircraft and
calculated at the rates as established from time to time by the Board
of County Commissioners; provided, the landing fee set forth in this
section for aircraft having a gross weight of 5,000 to 9,999 pounds
shall be reduced by 50% for each landing where the owner or operator
or the aircraft, after landing and before leaving the airport, purchases
aviation fuel for said aircraft from a supplier authorized by the
County to sell such fuel at the airport.
B.Â
The landing fee specified in Subsection A above, shall be due upon landing of the aircraft, and the owner, the operator and the pilot of each aircraft shall be jointly and severally liable to the County for the payment of all landing fees for that aircraft, and the County may, at its option, demand and collect the landing fee from any of them or from such other person as may be in charge of the aircraft.
C.Â
The provisions of this section shall not apply to:
(1)Â
Aircraft whose owner or operator is a party to a contract
with the County which contract provides for payment of landing fees.
(2)Â
A landing by an aircraft which, having taken off from
the airport and not having landed at another airport, returns to the
airport because of actual or anticipated mechanical, meteorological,
operating or other difficulties.
(3)Â
An emergency landing, as defined by the Federal Aviation
Administration.
(4)Â
Aircraft of the United States of America or the Commonwealth
of Pennsylvania.
(5)Â
Aircraft exempt by Federal or Pennsylvania law from
the payment of landing fees.
(6)Â
Aircraft landing on official FAA business with the
general aviation district office or flight examiners.
A.Â
Except as otherwise provided herein, for each aircraft
parked at 12:00 midnight on the itinerant aircraft parking ramp of
the airport, or such other area of the airport as may from time to
time be designated by the Director as an aircraft parking area, there
shall be paid to the County an aircraft parking fee based on the gross
landing weight of the aircraft and calculated at rates established
from time to time by the Board of County Commissioners.
B.Â
The aircraft parking fee shall be due in no event
later than the time of the departure of the aircraft from the parking
area, and the owner, the operator and the pilot of the each aircraft
shall be jointly and severally liable to the County for the payment
of each aircraft parking fee for that aircraft. The County may, at
its option, demand and collect the aircraft parking fee from any of
the above or from such other person as may be in charge of the aircraft.
C.Â
The provisions of this section shall not apply to:
(1)Â
Aircraft whose owner or operator is a party to a contract
with the County which contract provides for payment of aircraft parking
fees.
(2)Â
Aircraft of the United States of America or the Commonwealth
of Pennsylvania.
(3)Â
Aircraft which are by federal or Pennsylvania law
exempt from the payment of the aircraft parking fees.
A.Â
Except as otherwise provided herein, for the use of
aircraft tie-down facilities at the airport, there shall be paid to
the County a tie-down fee as established from time to time by the
Board of County Commissioners.
[Amended 1-17-1991]
B.Â
The tie-down fee shall be due and payable at such
time as the Director shall from time to time determine, and the owner,
the operator, and the pilot of each aircraft shall be jointly and
severally liable to the County for the payment of each tie-down fee
for that aircraft. The County may, at its option, demand and collect
the tie-down fee from any of the above-described or from such other
person as may be in charge of the aircraft.
C.Â
The provisions of this section shall not apply to:
(1)Â
Aircraft whose owner or operator is a party to a contract
with the County which provides for the payment of tie-down fees.
(2)Â
Aircraft of the United States of America or the Commonwealth
of Pennsylvania.
(3)Â
Aircraft which are by federal or Pennsylvania law
exempt from the payment of tie-down fees.
A.Â
Any person violating any provision of this article
shall, upon conviction thereof at a summary proceeding, be sentenced
to pay a fine not in excess of $100 to be paid to the use of the County,
with costs of prosecution, or to be imprisoned in the County jail
for not more than 30 days, or both.
B.Â
In addition to any sum paid pursuant to Subsection A of this section, any person violating any provision of this article may, at the discretion of the County, be required to pay a fine of $500, which fine maybe collected by suit brought in the name of the County in like manner as debts of like amount may be sued for.
C.Â
Each violation hereunder shall constitute a separate
offense subject to the penalties and fines set forth in this section.
The County police shall have the power to enforce
this article, and the Director shall have the power to design and
require the use of such forms, and to establish such procedures as
he shall from time to time deem necessary or helpful to the proper
administration of this article.
