The Director and the Airport Manager shall at all times have authority
to take such action as may be necessary to safeguard the people in attendance
at the airport and to maintain law and order on the airport. The Airport Manager
may establish rules and regulations regarding the provisions of this chapter.
A.
Commercial and private use. No person shall use the airport
as a base or terminal for the carrying on of commercial aviation or the carrying
of passengers, freight, express or mail or for student flight, communication
or other commercial or private purpose or transportation without first securing
a permit from the Airport Manager and paying the fees and charges prescribed
for such privileges, the use of the airport, its facilities and for such services
rendered.
B.
Concessions. No person shall engage in the sale of refreshments
or any other commodity, gasoline, oil, etc., or offer service or solicit funds
from the public at the airport for any purpose or post, distribute or display
signs, advertisement, handbills, circulars, printed or written matter at the
airport, except with the written approval and upon the conditions prescribed
by the Director and upon payment of the rates and charges prescribed and agreed
on by and between the Director and such person for such use.
C.
Off-airport parking and car rental operations.
[Added 6-14-1994 by L.L. No. 4-1994,
approved 6-28-1994]
(1)
No off-airport parking operator (parking operator) or
off-airport car rental operator (car rental operator) who does not have a
concession or lease agreement for operating at the airport may pick up or
drop off its customers at the airport without registering with the Airport
Manager, paying the fee for the privilege to use the airport property and
facilities as set forth below, and complying with procedural requirements
prescribed hereunder by the Airport Manager relating but not limited to registration,
reporting, recordkeeping, payment and use of the airport:
(a)
Car rental operators.
[1]
Car rental operators shall pay an annual fee payable
in quarterly installments based on the gross receipts of the car rental operator.
The term "gross receipts" as used herein shall mean the total amount actually
charged to the customer by the car rental operator for or in connection with
the use of a vehicle contracted for, delivered or rented to a customer picked
up at the airport (including customers picked up for or on behalf of the car
rental operator by any other party), regardless of where or by whom the payment
is made or where the vehicle is returned, including any charge the car rental
operator customarily makes for goods and services, and whether or not the
car rental operator actually collects such a charge in the use of credit transactions
or otherwise. For purposes of this subsection, the term "gross receipts" shall
not include:
[a]
Any discounts granted to customers pursuant to a bona
fide marketing plan.
[b]
Amounts of any federal, state or any municipal sales
or similar taxes which are separately stated on the rental agreement and collected
from customers of the car rental operator.
[c]
Sums received by the car rental operator for damage to
its vehicles, property or premises or for loss, conversion or abandonment
of vehicles.
[d]
Amounts for credits or refunds to customers for that
sale.
[e]
Amounts billed and paid by customers for refueling purposes.
[f]
Sums received by reason of the car rental operator's
disposal of operating facilities or personal property (capital assets).
[2]
No deductions from gross receipts shall be allowed for
such items as the payment of franchise taxes or taxes levied on the car rental
operator's activities, facilities, equipment or real or personal property
of the car rental operator or for commissions or similar amounts paid by the
car rental operator to travel agents or others.
(b)
Parking operator. Parking operators shall pay an annual
fee, payable in quarterly installments, based on the total gross receipts
of the parking operator's site serving airport customers. "Gross receipts"
as used herein shall mean the aggregate amount of all sales made and services
performed of any sort or gift certificates or coupons redeemed at the site
for cash, credit, redemption or otherwise, regardless of whether collected
in the use of credit transactions or otherwise and whether such sales or services
are made, rendered or performed by parking operators, directly or indirectly,
or by any sublessee, assignee, licensee or franchisee, and whether or not
reported to the Federal Internal Revenue Service as its gross income from
the site and whether or not payment is actually received by the parking operator
from its employees. For purposes of this subsection, the term "gross receipts"
shall not include:
[1]
Taxes, including sales taxes, occupational taxes and
similar taxes or impositions imposed on or by reason of such sales or charges
where billed to the customer by the parking operator as a separate item.
[2]
Service or rental fees charged to a franchisee or licensee.
[3]
Any discounts granted to customers pursuant to a bona
fide marketing plan.
(2)
The fees set forth in Subsection C(1) shall be established from time to time by resolution of the Monroe County Legislature.
(3)
The Airport Manager shall have the authority to have
an audit made of the business records and accounts of a car rental operator
or parking operator (either one, hereinafter referred to as "operator") at
any time. The operator shall pay the cost of such audit if any such audit
shows that the operator understated the amount of its gross receipts by more
than 2%.
(4)
Any payment more than 30 days overdue shall be subject
to a late payment charge of 16% per annum on the unpaid balance, unless a
different rate is prescribed in the New York Banking Law. Any operator who
fails to register, make any payment due hereunder within 30 days of its due
date or to comply with the procedural requirements prescribed hereunder by
the Airport Manager shall cease all operations and entry upon the airport
premises within five days of written notice by the Airport Manager.
No person shall use the roads, walkways, ramps, taxiways or runways
in such a manner as to obstruct their proper use.
No person shall enter upon the aircraft operating area or any building
without permission except persons assigned to duty thereon or authorized representatives
of the airport.
Every person operating at the airport shall maintain an up-to-date file
containing the name, address, telephone number and occupation of all employees,
pilots and owners of aircraft based on its premises. This information shall
be available to the Airport Manager on request.
No person shall do any construction, alteration work or electrical wiring
in or to any existing hangar or building on the airport without first securing
written permission from the Director. Violators will be required to remove
such work at their own expense.
No person shall enter the administration building with a dog or other
animal, except a Seeing Eye dog, and dogs or other animals brought upon the
airport premises must be restrained by leash or confined in such a manner
as to be under control at all times.
Any person finding lost articles shall deposit them in the office of
the Airport Manager. The Airport Manager will deposit with the Sheriff's
Department any articles he deems to be of value. All other lost articles will
be kept in a place designated by the Airport Manager for a period not to exceed
30 days.
No person shall cause any inconvenience, annoyance or alarm or recklessly
create a risk thereof by any of the following acts, the doing of which shall
be deemed to be disorderly conduct if he:
A.
Engages in fighting or in violent, tumultuous or threatening
behavior.
B.
Makes unreasonable noise.
C.
Uses abusive or obscene language or makes an obscene
gesture.
D.
Disturbs any lawful assembly or meeting of persons.
E.
Obstructs vehicular or pedestrian traffic.
F.
Congregates with other persons and refuses to comply
with the Manager's order to disperse.
G.
Creates a hazardous or physically offensive condition
by any act which serves no legitimate purpose.
H.
Is intoxicated, whether such condition is induced by
drinking or drugs.
I.
Throws any object within a building or from a window,
door or roof thereof.
J.
Engages in any form of gambling with cards, dice or other
gambling paraphernalia.
No person shall engage in or conduct gambling in any form or operate
a gambling device anywhere on the airport.
Any and all airport property destroyed, injured or damaged by accident
or otherwise will be immediately reported to the Airport Manager and shall
be subject to payment by the party or parties responsible for such destruction,
injury or damage thereto.
No person shall carry or transport firearms, gas-, air- or spring-actuated
guns or dangerous weapons except when such firearms, guns or weapons are properly
encased for transshipment. This section shall not apply to peace officers
and other persons who are authorized by federal and state law to be armed
as a part of their official duty. Additionally, each person lawfully retaining
a weapon while on the airport operational area will do so only with compliance
with applicable Federal Aviation Administration Regulations.
No person shall dispose of garbage, papers or other material or refuse
on the airport except in the receptacles provided for that purpose. Furthermore,
tenants and lessees will be required to bag all small materials prior to disposal
in said receptacles.
No person shall use a comfort station other than in a proper and sanitary
manner and shall commit no nuisance in said areas.
All accidents and witnesses thereof in which a motor vehicle or mobile
equipment is involved or in which there is personal injury shall be reported
promptly to the proper authority and to the Airport Manager.
No person shall construct or erect or cause to be constructed or erected
any sign or other obstruction of any type at the airport without the written
permission of the Director and in compliance with such terms and conditions
as he may prescribe.
Every person conducting a business or commercial activity at the airport,
whether by contract, license or permit, shall hold the County of Monroe, its
officers and employees harmless from any and all liability for damages to
persons and property resulting from or arising out of the operation or maintenance
of such business or commercial activity. Such persons shall secure and maintain
in force and effect during all times when such business or commercial activity
is being conducted insurance covering injury to persons and property in such
amounts as shall be specified by the Director.
No person shall operate or release any model aircraft, rocket, kite,
balloon or parachute or other similar contrivance at or upon the airport without
the prior approval of the Airport Manager. Such prohibition shall not extend
to the United States Weather Bureau when such activity is a regular operational
function on its part.
Hunting in any form or trapping or the discharge of firearms on airport
property is prohibited, except as provided in Section 3 of the Airport Operations
Manual.
Loitering or loafing on the airport property is prohibited, and persons
engaging in such practices shall be subject to ejection from airport property.
No person shall assemble with other persons for the purpose of engaging
or preparing to engage with them in tumultuous and violent conduct likely
to cause public alarm or, when being present at an assembly which either has
or develops such purpose, remain there with intent to advance that purpose.
No person shall annoy or alarm another person by doing any of the following
acts:
A.
Strike, shove, kick or otherwise subject him to physical
contact or attempt or threaten to do the same.
B.
Follow a person in or about any terminal in the absence
of authority to do so.
C.
Engage in a course or conduct or repeatedly commit acts
which alarm or seriously annoy any other person or which serve no legitimate
purpose.
No person shall destroy, scratch, mark, deface, disturb or remove any
sign, marker, wall, building or other structure, tree, flower, shrub, lawn
or any other property at the airport.
No person shall pass through, over, under or around any coin-operated
door without having deposited the appropriate coin in such door.
No person shall be permitted at the airport who is not appropriately
dressed, including footwear, in such a manner as not to offend the sensibilities
of others and in accordance with conventional standards generally accepted
by society.
