[HISTORY: Adopted by the Village Board of the Village of
East Troy as indicated in article histories. Amendments noted where
applicable.]
[Adopted 4-3-2000 by Ord. No. 2000-2 as Title 10, Ch. 6,
of the 2000 Code]
The following definitions are applicable in this article:
Any service which involves, makes possible, or is required
for the operation of aircraft, or which contributes to or is required
for the safety of such operations.
Airport-owned property that is not presently needed for aeronautical
use and is available for agrarian purposes.
The East Troy Municipal Airport.
The Federal Aviation Administration.
The right to conduct commercial, aeronautical or agricultural
activities on the airport, as defined within the parameters of the
established minimum standards.
The qualifications which are established herein by the airport
owner as the minimum requirements to be met as a condition for the
right to conduct an aeronautical activity on the airport.
Any person, firm, partnership, corporation, association or
group providing any one or a combination of aeronautical services
to or for aviation users at the airport.
The Village of East Troy.
A.
The Village of East Troy, Wisconsin, is the owner and is in a position
of responsibility for the administration of the East Troy Municipal
Airport, Walworth County, Wisconsin. This article is adopted in order
to ensure adequate aeronautical services and facilities to the users
of the East Troy Municipal Airport and specifically:
B.
This article provides:
(1)
The minimum standards for a person or persons, firm or corporation
based upon and engaging in one or more aeronautical services at the
East Troy Municipal Airport.
(2)
Requirements for all aviation sports clubs based at the East Troy
Municipal Airport.
(3)
Minimum standards for all noncommercial aviation fuel users.
(4)
Penalties for violation of the minimum standards herein provided.
The following standards shall apply to all operators, with the exception of aviation sports clubs whose complete list of standards is presented in § 176-14 which pertains solely to that type of operation:
A.
Leases. The lease shall be for a term to be mutually agreed upon
between the parties commensurate with the operator's financial
investment in his/her facility. If the duration of the lease is to
exceed five years in length, provisions shall be made to review the
terms, lengths and rents of the lease relative to other changes in
the airport environment that have occurred during that period.
B.
Operator qualifications. The operator shall have the experience necessary
to conduct any aeronautical service he/she wishes to provide to the
public and shall submit a statement of qualifications to the owner
upon request. It will be satisfactory if the operator has, in a reasonable
supervisory position, a person of such experience. Should an operator
not have such experience but can demonstrate to the owner's satisfaction
that he/she has had equivalent related experience or training, such
will be deemed acceptable. The operator shall submit a letter of intent
detailing the services which he/she wishes to provide, compliance
with the relevant minimum standards as presented in this article,
ratings and licenses his/her organization will have, and general scope
of the operation.
C.
Letter of financial integrity. Any operator seeking to conduct aeronautical
services at the airport must provide the owner a letter of financial
integrity, to the owner's satisfaction, from a bank or trust
company doing business in the area, or other such source that may
be readily verified through normal banking channels. The operator
must also demonstrate that he/she has the financial ability or backing,
where applicable, for the construction of facilities that may be required
for the proposed concept of operation. In addition, the financial
institution letter should include a current financial net worth showing
that the applicant holds unencumbered current assets in a total amount
at least equaling three months' estimated maintenance and operating
expenses.
D.
Insurance.
(1)
All operators shall demonstrate to the owner's satisfaction
evidence of their ability to acquire insurance coverage, as stipulated
for each particular type of operation. The following shall be established
as a minimum coverage:
(a)
Aircraft liability. Bodily injury and property damage combined
single limit: $200,000.
(b)
Comprehensive public liability and comprehensive property damage,
including vehicular. Bodily injury and property damage combined single
limit: $1,000,000.
(c)
Student liability: $100,000 each incident.
(d)
Documentation of financial responsibility compliance: limits
as required by the Environmental Protection Agency.
(2)
In addition, the owner requires the operator to include the owner
as an additional insured and stipulates the operator hold harmless
the owner in all actions against it.
E.
Required lease provisions.
(1)
Each lease for ground space and contract for business at the airport,
entered into by the owner, shall include each of the following provisions,
as are required by the state and federal governments:
(2)
The most current amendment or form of such mandatory lease provisions
shall be obtained from the state or federal government and shall be
included in each lease at the time of execution.
F.
Common area use. All operators shall have the right, in common with
others so authorized, to use common areas of the airport, including
runways, taxiways, aprons, roadways, floodlights, landing lights,
signals and other conveniences of the take off, flying and landing
of aircraft.
G.
Outside storage. No outside storage of any equipment or materials
is permitted. All personal property must be kept within the confinement
of the hangar.
H.
Construction. Any construction required of any operator shall be
in accordance with design and construction requirements of the owner,
state and federal regulations, and applicable codes. All plans and
specifications shall be submitted to the owner for approval.
I.
Paved aircraft apron. The operator shall provide a paved aircraft
apron to accommodate aircraft movement from the operator's building
to the taxiway or the access to the taxiway that has been or will
be provided for the operator.
J.
Review of standards. These minimum standards should be renewed on
a periodic basis and adjusted, if necessary, to reflect changes to
the airport environs, compliance requirements and lease terms, as
they relate to the existing minimum standards.
K.
Nonconforming operators. All present operators conducting operation
on the airport prior to the installation of these minimum standards
shall be required to fully comply with them within six months of the
adoption of this article. At the termination of the operator's
present lease, all succeeding operators or tenants will be required
to comply with these minimum standards.
L.
Prohibited fueling practices. No operators will be allowed to fuel
or defuel aircraft while such aircraft are inside hangars or other
structures.
A.
Statement of concept. An aircraft sales operator engages in the sale
of new aircraft through franchises or licensed dealership or distributorship,
either on a retail or wholesale basis, of an aircraft manufacturer
or used aircraft, and makes available such repair services and parts
as necessary to meet any guarantee or warranty on aircraft sold.
B.
Minimum standards.
(1)
The operator shall lease from the owner floor space for office and
shall have a telephone for business use.
(2)
The operator shall provide necessary and satisfactory arrangements
for repair and servicing of aircraft, but only for the duration of
any sales guarantee or warranty period. The operator who is engaged
in the business of selling new aircraft shall have available or on
call at least one demonstrator.
(4)
The operator shall have in his/her employ, and on duty during the
appropriate business hours, trained personnel in such numbers as are
required to meet the minimum standards set forth in an efficient manner.
The operator shall also maintain, during all business hours, a responsible
person in charge to supervise the operations in the leased area with
the authorization to represent and act for and on behalf of the operator.
A.
Statement of concept. An aircraft airframe, engine and accessory
maintenance and repair operator provides one or a combination of airframe,
engine and accessory overhauls and repair services on aircraft, up
to and including business jet aircraft and helicopters. This category
shall also include the sale of aircraft parts and accessories, but
such is not an exclusive right.
B.
Minimum standards.
(1)
The operator shall lease from the owner space for office and shall
have a telephone for business use.
(2)
The operator shall provide sufficient equipment, supplies and parts
availability as required by the FAA relevant to the type of maintenance
engaged in.
(4)
The operator shall have in his/her employ not less than one person
currently certified by the FAA with ratings appropriate to the work
being performed and who holds an airframe, power plant or an aircraft
inspection rating.
A.
Statement of concept. An aircraft lease or rental operator engages
in the rental or lease of aircraft to the public.
B.
Minimum standards.
(1)
The operator shall lease from the owner floor space for office and
shall have a telephone for business use.
(2)
The operator shall have available for rental, either owned or under
written lease to operator, at least one certified and currently airworthy
aircraft.
(4)
The operator shall have a least one flight instructor who has been
properly certified by the FAA to provide the type of training offered.
A.
Statement of concept. A flight training operator engages in instructing
pilots in dual and solo flight training, in fixed or rotary wing aircraft,
and provides such related ground school instruction as is necessary
preparatory to taking a written examination and flight check ride
for the category or categories of pilots' licenses and ratings
involved.
B.
Minimum standards.
(1)
The operator shall lease from the owner floor space and classroom,
which shall be properly heated and lighted, and shall have a telephone
for business use.
(2)
The operator shall have available for use in flight training, either
owned or under written lease to operator, at least one properly certified
aircraft.
(4)
The operator shall have at least one flight instructor who has been
properly certified by the FAA to provide the type of training offered.
A.
Statement of concept. Fuel and oil services include the storage of
and/or the into plane delivery of recognized brands of aviation fuels,
lubricants and other related aviation petroleum products.
B.
Minimum standards for bulk petroleum product storage.
(1)
The operator shall lease from the owner an area on which shall be
erected storage facilities required.
(2)
The operator shall provide the required pumping equipment, either
mobile or fixed, to meet all applicable safety requirements relative
to bulk fuel dispensing, as required by federal, state and local regulations,
and shall provide reliable metering devices which conform to federal,
state and local regulations.
(3)
The operator shall pay within 10 days of delivery an established
flowage fee to the owner for aviation fuels required by the facility.
(4)
The operator must make available to all participants of the airport
access to purchase in bulk stored petroleum products of the facility,
in an undiscriminating manner.
A.
The operator shall provide petroleum products to participants of
the airport making use of approved petroleum dispensing equipment
with required certification, safety backup and trained personnel.
B.
The operator shall lease from the owner the necessary approved area
to safely store the dispensing equipment.
C.
The operator shall publish and post normal business hours and an
after hours emergency contact phone number.
D.
The operator shall maintain an accurate record of all deliveries
of aviation fuel and oil, and such records shall be subject to examination
and audit by the owner or its representatives.
E.
The operator shall pay to the owner the established flowage fee for
any fuel delivered not obtained from an airport fuel facility already
paying the fee. Payment is due the 10th of the month following the
sale.
A.
Statement of concept. A radio, instrument or propeller repair station
operator engages in the business of, and providing a shop for, the
repair of aircraft radios, propellers or instruments for general aviation
aircraft. This category shall include the sale of new or used aircraft
radios, propellers and instruments, but such is not an exclusive right.
The operator shall hold the appropriate repair shop certificates issued
by the FAA.
B.
Minimum standards.
(1)
The operator shall lease from the owner an area to house all equipment
and to provide an office and shop and shall have a telephone for business
use.
(2)
The following types of insurance are required:
(a)
Comprehensive public liability and comprehensive property damage,
including vehicular.
(3)
The operator shall have in his/her employ and on duty during the
appropriate business hours trained personnel in such numbers as are
required to meet the minimum standards set forth in this category
in an efficient manner, but never less than one person who is FAA
rated appropriately for the service offered.
A.
Statement of concept. An aircraft and an air taxi operator engages
in the business of providing air transportation (persons or property)
to the general public for hire, either on a charter basis or as an
air taxi operator, as defined by the Federal Aviation Regulations.
B.
Minimum standards.
(1)
The operator shall lease from the owner an area to provide an office
and shall provide a telephone for business use. Customer lounge and
rest rooms must be made available.
(2)
The operator shall provide, either owned or under written lease to
the operator, the appropriate aircraft which meets the requirements
of the air taxi commercial operator certificate held by the operator.
(4)
The operator shall have his/her premises open and services available
as necessary. The operator shall provide on-call service during hours
other than the aforementioned.
(5)
The operator shall have in his/her employ trained personnel in such
numbers as are required to meet the minimum standards set forth in
this category in an efficient manner, but never less than one person
who is an FAA certified commercial pilot and otherwise appropriately
rated to permit the flight activity offered by the operator.
A.
Statement of concept. An aircraft storage operator engages in the
rental of conventional hangars or multiple T-hangars.
B.
Minimum standards.
(1)
The operator shall lease from the owner an area on which shall be
erected a building to provide floor space for aircraft storage.
(2)
The following types of insurance are required:
(a)
Comprehensive public liability and comprehensive property damage,
including vehicular.
(3)
The conventional hangar operator shall have his/her facilities available
for the tenant's aircraft removal and storage 24 hours per day,
seven days a week, 52 weeks per year.
(4)
The operator shall demonstrate that he/she can provide sufficient
personnel trained to meet all requirements for the storage of aircraft
with appropriate equipment.
A.
Statement of concept. A specialized commercial flying services operator
engages in air transportation for hire, for the purposes of providing
the use of aircraft for the activities listed below:
(1)
Nonstop sightseeing flights that begin and end at the same location.
(2)
Crop dusting, seeding, spraying and bird chasing.
(3)
Banner towing and aerial advertising.
(4)
Aerial photography or survey.
(5)
Power line or pipeline patrol.
(6)
Any other operations specifically excluded from Part 135 of the Federal
Aviation Regulations.
B.
Minimum standards.
(1)
The operator shall lease land from the owner sufficient to accommodate
all activities and operations proposed by the operator. The minimum
areas in each instance shall be subject to the approval of the owner.
In the case of crop dusting and aerial application, the operator shall
make suitable arrangements and have such space available in his/her
leased area for safe loading, unloading, storage, containment and
disposal of chemical materials. He/she shall also provide a centrally
drained, paved area large enough to contain washing and loading spillage
and to facilitate its removal from the airport property. All operators
shall demonstrate they have the availability of aircraft suitably
equipped for the particular type of operation they intend to perform.
(2)
The owner shall set the minimum insurance requirements as they pertain
to the particular type of operation to be performed. These minimum
requirements shall be applicable to all operations of a similar nature.
All operators will, however, be required to maintain the aircraft
liability coverage, as set forth for all operators.
(3)
The operator shall have in his/her employ, and on duty during appropriate
business hours, trained personnel in such numbers as may be required
to meet the minimum standards herein set forth in an efficient manner.
(4)
The operator must provide, by means of an office or telephone, a
point of contact for the public desiring to utilize the operator's
services.
A.
Statement of concept. The club must be a Wisconsin corporation or
partnership. Each member must be a bona fide shareholder of the corporation.
B.
Minimum standards.
(1)
The club may not derive greater revenue from the use of its aircraft
than the amount necessary for the actual cost of operation, maintenance
and replacement of its aircraft.
(2)
The club's aircraft will not be used by other than bona fide
members and by no one for hire, charter or air taxi.
(3)
In the event the club fails to comply with these conditions, the
owner will notify the club, in writing, of such violations. The club
shall have 14 days to correct such violations. If the club fails to
correct the violations, the owner may demand the club's removal
from the airport.
(5)
Aircraft maintenance performed by the club shall be limited to only
that maintenance that does not require a certified mechanic. All other
maintenance must be by a properly certified mechanic.
A.
Statement of concept. A noncommercial aviation fuel user maintains
fuel storage and transfer only for his/her own aircraft or aircraft
leased for his/her exclusive use.
B.
Minimum standards.
(1)
No person shall engage in the activity of storing, transporting,
dispensing or defueling of noncommercial aviation fuels, except those
persons completing an annual safety certification sponsored by the
owner.
(2)
A lessee, planning to have fuel storage, shall install and maintain
all fuel in accordance with plans and specifications approved in writing
by the owner.
(3)
All fuel storage plans and specifications shall be approved by the
owner. Only containers that can be sufficiently grounded may be used
during fueling and defueling operations.
(4)
An annual permit issued by the owner, in lieu of flowage fees, shall
be required for each aircraft being fueled under this standard.
A.
Prior to finalizing an agreement, the lessee and sublessee shall
obtain the written approval of the owner for the business proposed.
Said sublease shall define the type of business and service to be
offered by the sublessee operator.
B.
The sublessee operator shall meet all of the minimum standards established
by the owner for the categories of services to be furnished by the
operator. The minimum standards may be met in combination between
lessee and sublessee. The sublease agreement shall specifically define
those services to be provided by the lessee to the sublessee that
shall be used to meet the standards.
A.
EMERGENCY EQUIPMENT
PEDESTRIAN
SERVICE, MAINTENANCE AND CONSTRUCTION EQUIPMENT
VEHICLE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Crash, fire and rescue, or police motor vehicles or bicycles
and such other equipment as the Village Police Chief may designate
as necessary to safeguard airport runways, taxiways, ramps, buildings
and other property.
Any person afoot.
Approved equipment normally operated by the airport owner,
its agents or under contract, fixed base operator(s), or other governmental
agencies performing official duties on landing areas, runways, taxiways
and peripheral roads for the servicing, maintenance and construction
of airport facilities and services or for the servicing of aircraft.
This definition shall include equipment owned and operated by a contractor
performing work on the airport under a contractual agreement with
the Village of East Troy.
Every device in, upon, or by which any person or property
is or may be transported or drawn, excepting aircraft
B.
Operation of vehicles on runways, taxiways and ramps. No vehicle
shall enter or be driven upon or operated upon any airport runway,
taxiway, ramp, or tie-down area as posted by signs prohibiting the
entrance thereon. The provisions of this section shall not apply to
emergency equipment or service, maintenance, and construction equipment
when engaged in performing normal duties. Aircraft owners may be granted
authorization by the Village Police Chief to operate a vehicle to
reach their own aircraft in a tie-down area. Unless specifically authorized,
aircraft owners shall not pass over any runway and shall proceed through
the tie-down area at a speed not to exceed the posted speed limit.
They shall not at any time park a vehicle on any area used for the
movement of aircraft. Employees, business contacts, guests of aircraft
owners and others may not drive or operate vehicles on the tie-down
or runway areas without first obtaining authorization from a fixed
base operator or the Chief of Police. Authorization to drive onto
the tie-down area will be for a specific date and time period, not
to exceed 24 hours. The fixed base operator will forward to the Police
Department a written authorization notice listing the name and date
of birth of the driver along with the vehicle's registration
and description.
C.
Speed of vehicles. No vehicle shall be driven upon any road within
the perimeter of the airport or upon other airport areas in excess
of the speed limit posted, nor shall the driver of any vehicle fail
to adhere to any sign posted to regulate vehicle traffic on or about
the airport.
D.
Pedestrian traffic on airport. No pedestrian shall be allowed beyond
the administration area or upon the apron or aircraft tie-down area
unless for the purpose of embarking in or disembarking from an aircraft,
or unless authorized by a fixed base operator or the Chief of Police.
Non-aviation-related pedestrian traffic is prohibited on taxiway,
runways, and outlying areas of the airport except for those employees
of the Village, county, state or federal government or contractors
engaged in airport construction or maintenance work. Persons engaged
in flight operations, skydiving or skydiver recovery are exempt and
may enter onto airport property when necessary to complete flight
operations or skydiver recovery. This does not allow for viewing of
these activities beyond the administration area.
E.
Vehicle parking. All vehicles parked on the airport shall be parked in designated areas and in accordance with posted signs or other markings. Fines or forfeitures may be levied in accordance with Subsection G.
F.
Enforcement. It shall be the duty of the police of the Village of
East Troy to enforce the provisions of this section.
G.
Penalty. Any person who shall violate any of the provisions of this
section shall, upon conviction thereof, be subject to a forfeiture
as prescribed by the Uniform State Traffic Deposit Schedule, together
with the costs of prosecution, and in default of payment of the forfeiture
and costs of prosecution shall be imprisoned in the county jail until
said forfeiture and costs are paid, but not exceeding 90 days. Each
violation and each day a violation continues or occurs shall constitute
a separate offense. In addition, the Village shall have any and all
other remedies afforded by the Wisconsin Statutes in addition to the
forfeiture and costs of prosecution.[1]
