[HISTORY: Adopted by the Town Board of the
Town of East Hampton 4-21-2022 by L.L. No. 11-2022[1]. Amendments noted where applicable.]
[1]
Editor's Note: This local law also superseded former Art.
I, Operations, adopted 4-3-1992 by L.L. No. 6-1992, as amended, and Art.
II, Plans, Grants, and Public Hearings, adopted 2-9-1999 by L.L. No.
5-1999.
A.
The Town
Airport is a publicly owned, private use airport. Before an aircraft
may takeoff or land at the Town Airport, the Town Board must provide
permission for such takeoff or landing.
B.
Permission
to operate at the Town Airport is governed by the Town Airport’s
Rules and Regulations.
C.
Military,
public, and emergency aircraft operations are always permitted at
the Town Airport.
D.
OPERATION
PERSON
TOWN AIRPORT
Definitions.
For purposes of this chapter, the following terms shall have the meanings
indicated:
A takeoff or landing.
The pilot, owner of the aircraft, and operator of the aircraft.
If an aircraft has multiple owners, each owner is considered a “person”
for purposes of this chapter. A person includes individuals as well
as entities.
All airports, heliports, seaports, or other locations designated
for aircraft takeoffs and landings that are under the control of,
or owned by, the Town of East Hampton.
A.
The Town
Board has established Rules and Regulations to govern all operations
at the Town Airport. The Rules and Regulations have the force of law
and all operations must be in compliance with the Rules and Regulations.
B.
Any person
who operates an aircraft at the Town Airport shall comply with the
Rules and Regulations, all federal laws, the Federal Aviation Administration’s
(FAA) rules and regulations, the provisions of this chapter, and all
other applicable laws and regulations.
C.
Failure
to comply with this chapter or the Rules and Regulations subject the
violating person to the penalties set forth in this chapter and in
the Rules and Regulations.
D.
A copy of
the Rules and Regulations can be obtained on the Town’s website,
at the Airport Director’s office at the Town Airport, and at
the Town Clerk’s office at Town Hall. The Town Board may revise
the Rules and Regulations from time to time by duly adopted resolution.
A.
The Airport
Director, acting as the agent of the Town Board, is hereby charged
with the responsibility of maintaining the safe and orderly operation
of the Town Airport, and enforcing the provisions of this chapter
and the Rules and Regulations as adopted by the Town Board and as
amended from time to time.
B.
In furtherance
of his or her duty, the Airport Director shall have the authority
to temporarily or permanently prohibit a person from operating at
the Town Airport, as set forth in this chapter.
C.
The Airport
Director may order any person to cease and desist any activities or
conduct that violates the Rules and Regulations. The Airport Director
may also order any person who knowingly fails to comply with a cease
and desist order to be removed from or denied access to the Town Airport.
D.
Any person
denied the use of the Town Airport by the Airport Director for a period
in excess of 180 days may appeal the decision of the Airport Director
to the Town Board. The Town Board, or their designee, shall hear said
appeal, and upon the findings of the Town Board, or, should the Town
Board designate a hearing officer, upon review of the findings and
recommendation of the hearing officer, the Town Board may rescind
or confirm the decision of the Airport Director.
E.
The Town
Board has the right to prohibit temporarily or permanently the use
of the Town Airport to any person who, in its judgment, violates this
chapter, the Rules and Regulations, or otherwise constitutes a threat
to the safe and orderly operation of the Town Airport.
F.
The Airport
Director may, on his or her own or through Town law enforcement, or
a contractor retained for such purpose, immobilize an aircraft or
vehicle by installing on the aircraft a propeller lock, on a vehicle
a wheel lock, or by such other suitable means under any of the following
circumstances:
(1)
Failure
of a person associated with the aircraft to remit all fees and charges
due to the Town in a timely manner; or
(2)
If,
in the determination of the Airport Director, the aircraft or vehicle
presents an operational or safety concern in any area of the Town
Airport, or otherwise constitutes a danger to the health, safety,
or welfare of any individual or the public in general, and until such
time as the aircraft or vehicle no longer presents such health, safety
or welfare concerns; or
(3)
Repeated
or willful violation of the Rules and Regulations or the Town Code.
Any fee or penalty, including a suspension,
imposed pursuant to this chapter or the Rules and Regulations adopted
pursuant thereto, shall be deemed to apply to the person charged,
or to any shareholder, member, or partner of any entity charged, and
the fee or penalty shall apply and continue regardless of whether
the suspended party commences work for a different entity, or the
shareholder(s), member(s) or partner(s) of the entity charged, or
any one or more of them, form a new entity to operate under.
A.
A violation
of this chapter, or the Rules and Regulations adopted pursuant thereto,
shall be punishable against any person, organization, corporation,
group or other entity who has control over an aircraft that violates
this chapter or the Rules and Regulations, including but not limited
to the pilot, aircraft owner, and/or aircraft operator, as follows:
(1)
For
a first offense, by a fine of not less than $1,000 nor more than $5,000;
(2)
For
a second or subsequent violation of any section of this chapter within
a five-year period is hereby declared to be an offense punishable
by a fine not less than $5,000 nor more than $30,000 or imprisonment
not to exceed a period of 14 days, or both.
B.
Each continuing
day of violation of this chapter, or of the Rules and Regulations
adopted pursuant thereto, shall constitute a separate offense.
C.
In addition
to the penalties set forth in this section, any person, organization,
corporation, group or other entity convicted of two or more violations
of this chapter, or the Rules and Regulations adopted pursuant thereto,
within five years be suspended from use of the Airport for a period
of not more than two years.
D.
Any person,
organization, corporation, group or other entity entering upon Town
Airport property in violation of this chapter, or the Rules and Regulations
adopted pursuant thereto, or in violation of any condition of approval
for entry imposed by the Town, may be charged with and prosecuted
for trespass.
E.
In addition
to the above penalties, the Town may commence a civil action or proceeding
in the name of the Town in a court of competent jurisdiction to compel
compliance with or to restrain by injunction any violation of this
chapter and/or the Rules and Regulations adopted pursuant thereto,
by any person, organization, corporation, group or other entity violating
the same or holding an ownership interest in the individual aircraft
involved in the violation. If a finding is made by a court of competent
jurisdiction that the defendants, or any of them, have caused, permitted,
or allowed a violation of this chapter, or the Rules and Regulations
adopted pursuant thereto, a penalty to be jointly and severally included
in the judgment may be awarded at the discretion of the court in an
amount not to exceed $5,000 for each day it is found that the defendants,
or any one of them, individually, collectively, or in conjunction
with other(s) caused, permitted or allowed the violation.
F.
Nothing
set forth in his section shall be deemed to limit or restrict the
Airport Manager’s right to suspend any person organization,
corporation, group or other entity based upon other provisions of
this chapter and/or the Rules and Regulations.
Upon the effective date of this local law, the preexisting ordinance entitled “Airport” at Chapter 75 of the Town Code shall be repealed.
If any section or subdivision, paragraph, clause
or phrase of this chapter shall be adjudged invalid, unenforceable,
or unconstitutional by any order or judgment of a court of competent
jurisdiction, or pursuant to any order of any administrative agency
having jurisdiction, whether such judgment or order is temporary or
permanent, such judgment or order shall not affect the validity of
this chapter as a whole or any part thereof other than the part or
provision
This chapter shall take effect immediately upon
filing with the Secretary of State as provided for by law.
