A.
Any person operating or handling any aircraft, operating
any vehicle, equipment or apparatus or using the airport or any of its facilities
in violation of any of these rules and regulations or refusing to comply therewith
may be promptly removed from the airport by or under the authority of the
Airport Manager. The Director or his designee may order such person barred
from the use of the airport and its facilities or a portion thereof for such
length of time as they deem necessary or appropriate, not to exceed six months;
provided, however, that no person shall be barred from such use until after
a hearing had before the Director or his designee no later than 20 days from
the date of the violation, upon notice of at least 10 days. The notice shall
be served either personally or by certified mail, return requested, and shall
state the date and place of the hearing and set forth the ground or grounds
constituting the charges against the person so charged. Such person shall
be heard in his defense, either in person or by counsel, and may produce witnesses
and testify in his behalf. A record of the hearing shall be taken by tape
recorder and the tape preserved for a period of one year. The hearing may
be adjourned from time to time. The Director or his designee shall make a
written report of his findings and decision.
B.
For the purpose of this section, the Director or his
designee may administer oaths, take testimony, subpoena witnesses and compel
the production of any documents deemed pertinent to such a hearing. Upon failure
of a duly notified person to appear at a hearing, the Director or his designee
may conduct the hearing and render a decision, notwithstanding the absence
of such person.
C.
Notwithstanding the provisions of this section, the Airport
Manager may, at his discretion, bar such person from the use of the airport
or its facilities on a temporary basis until a decision is rendered pursuant
to a hearing as provided by this chapter, if he deems it necessary in order
to ensure the safe and efficient operation of the airport and its facilities.
A.
Any person violating the provisions of § 205-56A of these rules and regulations shall, upon conviction, be liable to a fine of not less than $10 nor more than $50. Such person shall be subject to all the provisions of §§ 111-135, 111-136 and 111-137 of Chapter 111 of the Municipal Code of the City of Rochester, Volume II, except insofar as said provisions are inconsistent with any of the provisions of this subsection. The Director is authorized to prescribe the form of a ticket or other instrument covering any violation of said provisions, and the Monroe County Sheriff and his deputies, a police officer of the City of Rochester and any county employee duly designated by the Director may serve said ticket or other instrument upon the operator or owner of such vehicle.
B.
If the absence of the operator or owner of said vehicle
prevents personal service of the ticket or other instrument, the Sheriff or
his deputies, a police officer of the City of Rochester or a duly designated
county employee shall attach the ticket or other instrument to the vehicle.
The operator or owner shall have the privilege of appearing at the Traffic
Violation Bureau of the City Court of Rochester, waiving hearing in court,
pleading guilty and paying a fine of $10 and shall be subject to the same
conditions as prescribed in §§ 111-135, 111-136 and 111-137
of Chapter 111 of the Municipal Code of the City of Rochester, Volume II,
with reference to violators served with notice. In case there is no appearance
within the time prescribed in said ticket or other instrument, the Traffic
Violation Bureau shall forthwith cause a notice, as provided in §§ 111-134
and 111-141 of Chapter 111 of the Municipal Code of the City of Rochester,
to be served on the operator or owner.
Any person who violates any rule or regulation other than those specified in § 205-98 above or any order or instruction issued by the Director authorized herein shall be guilty of a misdemeanor and, upon conviction thereof, be liable to a fine of not more than $500 or imprisonment for not more than six months, or to both such fine and imprisonment.
Enforcement of the provisions of this chapter and the penalties prescribed
herein shall be by legal, equitable or criminal proceedings or actions instituted
in the City Court of Rochester, the County Court of the County of Monroe or
the Supreme Court of the State of New York. The provisions of this section
shall be in addition to any other remedies provided for in this chapter.
