[HISTORY: Adopted by the Common Council of the City of Watertown
as Ch. 19 and § 3.19 of the former City Code. Amendments
noted where applicable.]
GENERAL REFERENCES
Zoning — See Ch. 550.
As used in this chapter, the following terms shall have the
meanings indicated:
The Watertown Municipal Airport, located in Section 9, Town
8 North, Range 15 East, Jefferson County, Wisconsin.
Any structure, object of natural growth, or use of land which
obstructs the air space required for the flight of aircraft in landing
or taking off at an airport or is otherwise hazardous to such landing
or taking off.
The effective date of this chapter is May 27, 1958.
The overall height of the top of a structure, including any
appurtenance installed thereon, or the top of any object of natural
growth.
[Added by Ord. No. 99-10]
Any structure, tree or use of land which does not conform
to a regulation contained in this chapter or an amendment thereto
as of the effective date of such regulation.
Any individual, firm, partnership, corporation, company,
association, joint-stock association or body politic, and includes
any trustees, receiver, assignee or other similar representative thereof.
A level portion of an airport having a surface specially
developed and maintained for the landing and takeoff of aircraft.
Any object constructed or installed by man.
Any object of natural growth, except farm crops which are
cut at least once a year, and except shrubs, bushes or plants which
do not grow to a height of more than 20 feet.
[Amended by Ord. No. 99-9]
[Amended by Ord. No. 99-9; Ord. No. 08-01]
All zones established by this chapter are as shown on the map
dated December 12, 2007, titled "Height Limitation Zone Map, Watertown
Municipal Airport, Jefferson County, Wisconsin," which is adopted
as part of this chapter.[1]
[1]
Editor's Note: The map is on file at the office of the City
Engineer.
Except as otherwise provided in this chapter, no structure shall be constructed, altered, located or permitted to remain after such construction, alteration or location, and no trees shall be allowed to grow, to a height in excess of the height limit indicated on the map referred to in § 211-2.
A.
Activities. Notwithstanding § 211-5, no use may be made of land in any zone in such a manner as to create electrical interference with radio communications between the airport and aircraft, or make it difficult for pilots to distinguish between airport lights and others, or result in glare in the eyes of pilots using the airport, or impair visibility in the vicinity of the airport, or otherwise endanger the landing, taking off or maneuvering of aircraft.
B.
Exceptions. The restrictions contained in § 211-3 shall not apply to legal fences or to farm crops which are cut at least once each year. The restrictions contained in § 211-3 shall not apply to objects which are less than 50 feet in height above ground level at the object site and within three miles of the airport boundary.
[Amended by Ord. No. 99-9]
B.
Removal. This section shall not interfere with the removal of nonconforming
uses by purchase or the use of eminent domain.
C.
Changes. Nothing herein contained shall require any change in the
construction, alteration or intended use of any structure if the construction
or alteration of such was begun prior to the effective date of this
chapter and if such is diligently prosecuted.
[Added by Ord. No. 99-10]
[Amended by Ord. No. 99-9]
It shall be the duty of the City Zoning Administrator to administer
and enforce the regulations prescribed herein. Applications for permits
and variances shall be made to the City Zoning Administrator on a
form furnished by him. Applications for permits shall be granted or
denied within 10 days of the date of filing of the applications unless
Federal Aviation Administration approval is requested. Applications
for variances by the Zoning Board of Appeals shall be forthwith transmitted
by the City's Zoning Administrator to the Board for hearing and decision.
There shall be no charge for applications or permits. There shall
be charged the regular and standard fees in effect at the time of
application for any variance requests.
[Amended by Ord. No. 99-9]
A.
Future uses. No structure shall hereafter be constructed, erected or installed or be permitted to remain in any zone created by § 211-2 of this chapter until the owner or his agent shall have applied in writing for a permit therefor and obtained such permit from the City Zoning Administrator, except structures less than 50 feet in height above the ground and within three miles of the airport. Said permit shall be posted in a prominent place on the premises prior to and during the period of construction, erection, installation or establishment. Application for such permit shall indicate the use for which the permit is desired and shall describe and locate the use with sufficient particularity to permit the City Zoning Administrator to determine whether such use would conform to the regulations herein prescribed. If such determination is in the affirmative, the City Zoning Administrator shall issue the permit applied for. No tree may be planted without a permit, and any tree planted without a permit or permitted to grow without planting may be ordered removed at any time by the City Zoning Administrator upon his findings that such tree violates or is about to violate the height restriction for the zone. The City Zoning Administrator shall have the right to trim, prune or remove, at the owner's expense, any tree which was planted after adoption of this chapter and found to be in violation of the height restriction for the zone in which it is located.
B.
Existing uses. Before any nonconforming structure or tree may be replaced, altered or repaired, rebuilt or replanted, a permit shall be applied for and secured in the manner prescribed by Subsection A, authorizing such change, replacement or repair. No such permit shall be denied if a structure will not become a greater hazard to air navigation than it was on the effective date of this chapter or than it was when the application for permit was made. No such permit shall be granted that would allow the structure or tree to become a greater hazard to air navigation than it was on the effective date of this chapter or than it is when the application for permit is made.
[Amended by Ord. No. 99-9]
Any permit or variance granted under § 211-7 or 211-9 may, if such action is deemed advisable by the City Zoning Administrator to effectuate the purpose of this chapter and if such is reasonable in the circumstances, be so conditioned as to require the owner of the structure or trees in question to permit the owner of the airport, at its own expense, to install, operate and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard.
A.
Variances. Variance requests shall be heard by the Zoning Board of Appeals created by § 550-156 of the Code of the City of Watertown. Upon appeal in special cases the Zoning Board of Appeals may, after investigation and public hearing, grant such variance from the terms of this chapter as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of this chapter would result in unnecessary hardship and such relief will do substantial justice and be in accord with the spirit of this chapter and does not create a hazard to the safe, normal operation of aircraft.
[Amended by Ord. No. 99-9]
B.
Aggrieved person. Any person aggrieved or affected by any decision
or action of the Zoning Administrator made in his administration of
this chapter may appeal such decision or action to the Zoning Board
of Appeals.[1]
C.
Procedure. Any appeal taken pursuant to this section shall be in
conformity with the procedure established by § 62.23(7)(e),
Wis. Stats.
A.
Definitions.
(1)
Aeronautical services. "Aeronautical service" means 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 operation.
(2)
Aircraft airframe, engine and accessory maintenance and repair. An
aircraft airframe, engine and accessory maintenance (includes painting
and interiors) and repair operator provides one or a combination of
airframe, engine or accessory overhauls or repair services on aircraft.
This category shall also include the sale of aircraft parts and accessories.
(3)
Aircraft charter and air taxi. An aircraft charter and air taxi operator
engages in the business of providing air transportation (of 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.
(4)
Aircraft fuels and oil service. Fuel and oil services includes the
sale and into-plane delivery of aviation fuels, lubricants and other
related aviation petroleum products.
(5)
Aircraft lease and rental. An aircraft lease or rental operator engages
in the rental or lease of aircraft to the public.
(6)
Aircraft sales. An aircraft sales operator (also known as a "fixed-base
operator") engages in the sale of new aircraft through a franchise
or licensed dealership or distributorship (either on a retail or wholesale
basis) or used aircraft and provides such repair, services and parts
as necessary to meet any guarantee or warranty on aircraft sold.
(7)
Aircraft storage. An aircraft storage operator engages in the rental
of conventional hangars or multiple T-hangers.
(8)
FAA. "FAA" means Federal Aviation Administration.
(9)
Flight training. 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
to prepare to take a written examination and flight check ride for
the category or categories of pilots' licenses and ratings involved.
(10)
Flying clubs. A flying club must be a nonprofit Wisconsin corporation
or partnership organized for the express purpose of promoting the
hobby of flying among its members, providing flight training and instruction
to its members and owning aircraft among its members. Each member
must be a bona fide owner of the aircraft or owner of the corporation.
(11)
Minimum standards. "Minimum standards" means 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
service at, on or within the Watertown Municipal Airport.
(12)
Multiple services. A multiple services operator engages in any
two or more of the aeronautical services for which minimum standards
have been provided in this section.
(13)
Noncommercial aviation fuel usage. A noncommercial aviation
fuel user maintains fuel storage and transfer only for his own aircraft
or aircraft leased for his exclusive use.
(14)
Operator. "Operator" means 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.
(15)
Owner. "Owner" means the City of Watertown Municipal Airport.
(16)
Radio, instrument or propeller repair station. A radio, instrument
or propeller repair station operator engages in the business of and
provides a shop for the repair of aircraft radios, propellers, instruments
and accessories for general aviation aircraft. This category shall
include the sale of new or used aircraft radios, propellers, instruments
and accessories. The operator shall hold the appropriate repair shop
certificates issued by the FAA.
(17)
Specialized commercial flying services. A specialized commercial
flying services operator engages in air transportation for hire for
the purpose of providing the use of aircraft for the activities listed
below:
(a)
Nonstop sightseeing flights that begin and end at the same airport;
(b)
Crop-dusting, seeding, spraying and bird chasing;
(c)
Banner towing and aerial advertising;
(d)
Aerial photography or survey;
(e)
Power line or pipe patrol; or
(f)
Any other operations specifically excluded from Part 135 of
the Federal Aviation Regulations.
B.
Minimum standards for all operators. The following standards shall
apply to all operators, with the exception of flying clubs, whose
complete list of standards are presented in the section which pertains
solely to that type of operation:
(1)
The lease shall be for a term to be mutually agreed upon between
the parties commensurate with the operator's financial investment
in his facility.
(2)
The operator shall have had experience in the aeronautical service
he wishes to provide for a period of five years or have in a supervisory
position a person with five years' experience. Should an operator
not have such experience, but can demonstrate to the owner's satisfaction
that he has had equivalent related experience, approval may be granted
to the operator. A statement of qualifications shall accompany the
operator's letter of intent to the airport owner.
(3)
Any operator seeking to conduct aeronautical services at the airport
must provide the owner a letter setting forth the operator's financial
integrity, to the owner's satisfaction, from a bank or trust company
doing business in the area, or such other source as may be readily
verified through normal banking channels. The operator must also demonstrate
that it has the financial ability or backing, where applicable, for
the construction of facilities that may be required for the proposed
operation. The operator must also provide a current financial statement,
showing unencumbered current assets in an amount at least equalling
three months' estimated maintenance and operating expenses.
(4)
All operators shall provide proof of insurance coverage as required
for each type of operation, with the following minimum limits of liability:
(b)
Comprehensive public liability and comprehensive property damage,
including vehicular.
[1]
Bodily injury and property damage, combined single limit: $300,000.
(5)
Each policy shall include the owner as an additional named insured,
shall provide for notice to the owner in advance of cancellation,
and shall otherwise be in a form satisfactory to the owner. Termination
of insurance coverage constitutes immediate termination of all the
operator's rights to operate at the airport.
(6)
The operator shall hold harmless, indemnify and defend the owner
in all actions brought against the owner related to the operator or
the services provided by the operator.
(7)
Each lease for ground space and contract for business at the airport
entered into by the owner shall include all provisions required by
the state and federal governments, including but not limited to nondiscrimination
provisions, affirmative action assurances, civil rights assurances
and nonexclusive rights provisions. The most current amendment form
of such mandatory lease provisions shall be obtained from the state
or federal governments and shall be included in each lease at the
time of execution.
(8)
All operators shall have the right, in common with others, to use
common areas of the airport, including runways, taxiways, aprons,
roadways, floodlights, landing lights, signals and other conveniences,
for the takeoff, flying and landing of aircraft.
(9)
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 prior to any construction
or modification.
(10)
The operator shall provide a paved aircraft apron within the
leased area to accommodate aircraft movement and from the taxiway
or the access to the taxiway that has been or will be provided for
the operator.
C.
Aircraft sales. The following minimum requirements shall apply to
aircraft sales operators:
(1)
The operator shall lease from the owner an area of not less than
10,000 square feet of ground space to provide for outside display
and storage of aircraft and on which shall be erected a building to
provide at least 3,000 square feet of floor space for aircraft storage
and at least 400 square feet of floor space for office, customer lounge
and restroom, which shall be properly heated and lighted, and shall
provide telephone facilities for customer 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 shall provide
an adequate inventory of spare parts for the type of new aircraft
for which sales privileges are granted. 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 his premises open and services available
eight hours daily, five days a week. The operator shall make provision
for someone to be in attendance in the office at all times during
the required working hours.
(5)
The operator shall have in his employ, and on duty during 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 and provide
check ride pilots for aircraft sold.
D.
Aircraft airframe, engine and accessory maintenance and repair. The
following minimum requirements apply to aircraft airframe, engine
and accessory maintenance and repair operators:
(1)
The operator shall lease from the owner an area of not less than
10,000 square feet of ground space to provide for outside display
and storage of aircraft and on which shall be erected a building to
provide at least 3,000 square feet of floor space for aircraft storage
and at least 400 square feet of floor space for office, customer lounge
and restroom, which shall be properly heated and lighted, and shall
provide telephone facilities for customer use.
(2)
The operator shall provide sufficient equipment, supplies and availability
of parts equivalent to that required for certification by the FAA
as an approved repair station.
(4)
The operator shall have his premises open and services available
eight hours daily, five days a week. The operator shall make provision
for someone to be in attendance in the office at all times during
the required working hours.
(5)
The operator shall have in his employ, and on duty during business
hours, trained personnel in such numbers as are required to meet the
minimum standards set forth in this category of services in an efficient
manner, but never 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 inspector rating and one other
person not necessarily rated.
E.
Aircraft lease and rental. The following minimum requirements apply
to aircraft lease and rental operators:
(1)
The operator shall lease from the owner an area of not less than
10,000 square feet of ground space to provide for outside display
and storage of aircraft and on which shall be erected a building to
provide at least 3,000 square feet of floor space for aircraft storage
and at least 400 square feet of floor space for office, customer lounge
and restroom, which shall be properly heated and lighted, and shall
provide telephone facilities for customer use.
(2)
The operator shall have available for rental, either owned or under
written lease to the operator, not less than two certified and currently
airworthy aircraft, at least one of which must be a four-place aircraft
and at least one of which must be equipped for and capable of flight
under instrument weather conditions.
(4)
The operator shall have his business open and services available
eight hours daily, five days a week. The operator shall make provisions
for someone to be in attendance in the office at all times during
operating hours.
(5)
The operator shall have in his employ, and on duty during business
hours, a minimum of one person having a current FAA commercial pilot
certificate with appropriate ratings, including instructor rating.
F.
Flight training. The following minimum requirements apply to flight
training operators:
(1)
The operator shall lease from the owner an area of not less than
10,000 square feet of ground space to provide for outside display
and storage of aircraft and on which shall be erected a building to
provide at least 3,000 square feet of floor space for aircraft storage
and at least 400 square feet of floor space for office, customer lounge
and restroom, which shall be properly heated and lighted, and shall
provide telephone facilities for customer use.
(2)
The operator shall have available for rental, either owned or under
written lease to the operator, not less than two certified and currently
airworthy aircraft, at least one of which must be a four-place aircraft
and at least one of which must be equipped for and capable of flight
under instrument weather conditions.
(4)
The operator shall have his business open and services available
eight hours daily, five days a week. The operator shall make provisions
for someone to be in attendance in the office at all times during
operating hours.
(5)
The operator shall have on a full-time basis at least one flight
instructor who has been properly certified by the FAA to provide the
type of training offered.
G.
Aircraft fuels and oil service. The following minimum requirements
apply to aircraft fuels and oil service operators:
(1)
The operator shall lease from the owner an area of not less than
10,000 square feet of ground space to provide for outside display
and storage of aircraft and on which shall be erected a building to
provide at least 3,000 square feet of floor space for aircraft storage
and at least 400 square feet of floor space for office, customer lounge
and restroom, which shall be properly heated and lighted, and shall
provide telephone facilities for customer use.
(2)
As part of the leasehold, the owner shall set aside land in a designated
area for the bulk fuel storage facility. The storage facility shall
have at least a minimum 10,000 gallons' capacity for each grade of
fuel (avgas and jet fuel) maintained by the owner. The owner shall
provide the required pumping equipment to meet all applicable safety
requirements relative to 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 provide the following services to general aviation
aircraft only within the premises leased to the operator:
(4)
The operator shall procure and maintain tools, jacks, towing equipment,
tire repairing equipment, energizers and starters, heaters, oxygen
supplies, fire extinguishers, and passenger loading steps, as appropriate
and necessary. They shall be maintained and operated in accordance
with local, state and federal requirements.
(6)
The operator shall have his premises open for eight hours a day,
seven days a week, and provide on-call aircraft servicing during all
other hours. The operator shall make provisions for someone to be
in attendance in the office at all times during the required operating
hours.
(7)
The operator shall have in his 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 of service
in an efficient manner.
(8)
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.
H.
Radio, instrument or propeller repair station. The following minimum
requirements apply to radio, instrument or propeller repair station
operators:
(1)
The operator shall lease from the owner an area of not less than
10,000 square feet of ground space on which shall be erected a building
to provide at least 3,000 square feet of floor space for aircraft
storage and at least 400 square feet of floor space for office, customer
lounge and restroom, which shall be properly heated and lighted, and
shall provide telephone facilities for customer use.
(3)
The operator shall have his business open and services available
eight hours daily, five days a week.
(4)
The operator shall have in his employ, and on duty during 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 an FAA-rated radio, instrument
or propeller repairman.
I.
Aircraft charter and air taxi. The following minimum requirements
apply to aircraft charter and air taxi operators:
(1)
The operator shall lease from the owner an area of not less than
10,000 square feet of ground space on which shall be erected a building
to provide at least 3,000 square feet of floor space for aircraft
storage and at least 400 square feet of floor space for office, customer
lounge and restroom, which shall be properly heated and lighted, and
shall provide telephone facilities for customer use.
(2)
The operator shall provide, either owned or under written lease to
the operator, not less than one single-engine four-place aircraft
and one multi-engine aircraft, both of which must meet the requirements
of the air taxi commercial operator certificate held by the operator,
including instrument operations.
(4)
The operator shall have his business open and services available
eight hours daily, five days a week. The operator shall make provisions
for someone to be in attendance in the office at all times during
operating hours.
(5)
The operator shall have in his employ, and on duty during 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 an FAA-certified commercial
pilot and otherwise appropriately rated to permit the flight activity
offered by the operator.
J.
Aircraft storage. The following minimum requirements apply to aircraft
storage operators:
(1)
The operator shall lease from the owner an area of not less than
3,000 square feet of ground space on which shall be erected a building
to provide at least 1,200 square feet of floor space for aircraft
storage.
(3)
The conventional hangar operator shall have his facilities available
for the tenant's aircraft removal and storage 24 hours per day, seven
days a week, 52 weeks per year.
K.
Specialized commercial flying services. The following minimum requirements
apply to specialized commercial flying services operators:
(1)
The operator shall lease land from the owner, and the lease shall
include a building sufficient to accommodate all activities and operations
proposed by the operator. In the case of crop-dusting or aerial application,
the operator shall make suitable arrangements and have such space
available in his leased area for safe loading and unloading and storage
and containment of chemical materials. All operators shall demonstrate
that 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 and comprehensive public liability coverage as
set forth for all operators.
(3)
The operator shall have in his employ, and on duty during 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 a telephone,
a point of contact for the public desiring to utilize the operator's
services.
L.
Multiple services. The following minimum requirements apply to multiple
services operators:
(1)
The operator shall lease from the owner an area of not less than
10,000 square feet of ground space on which shall be erected a building
to provide at least 3,000 square feet of floor space for aircraft
storage and at least 400 square feet of floor space for office, customer
lounge and restroom, which shall be properly heated and lighted, and
shall provide telephone facilities for customer use.
(2)
The operator shall comply with the aircraft requirements, including
the equipment thereon, for each aeronautical service to be performed,
except that multiple uses can be made of all aircraft except aircraft
used for crop-dusting, aerial application, or other commercial use
of chemicals.
(3)
The operator shall provide the facilities, equipment and services
required to meet the minimum standards as hereinbefore provided for
each aeronautical service the operator is performing.
(4)
The operator shall obtain, as a minimum, that insurance coverage
which is equal to individual insurance requirements of all the aeronautical
services being performed by the operator.
(5)
The operator shall adhere to the hours of operation required for
each aeronautical service being performed.
(6)
The operator shall have in his employ, and on duty during the appropriate
business hours, trained personnel in such numbers as are required
to meet the minimum standards for each aeronautical service the operator
is performing as hereinabove provided. Multiple responsibilities may
be assigned to meet the personnel requirements for each aeronautical
service being performed by the operator.
M.
Flying clubs. The following minimum requirements apply to flying
clubs:
(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. The club will keep current a complete
list of the club's membership and a record of club finances and will
make such available to the owner upon request.
(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. Student instructions
may be given in the club aircraft by one club member to another club
member, providing no compensation takes place. Otherwise, instructions
must be given by an operator with a current agreement with the owner.
(3)
In the event the club fails to comply with these conditions, the
owner will notify the club in writing of any violation. The club shall
have 14 days to correct any 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 provided by a lessee based on the airport who
provides such service or by a properly certificated mechanic who shall
not receive remuneration in any manner for such service.
N.
Noncommercial aviation fuel usage. The following minimum requirements
apply to noncommercial aviation fuel usage:
(1)
No person shall store, transport or dispense any fuel for use in
an aircraft unless the person holds a written agreement with the owner
specifically permitting such use.
(2)
At no time shall a user share, sublease or in any other manner provide
fuel or fueling facilities to any other tenant or any other aircraft
except those aircraft owned or leased for the exclusive use of the
tenant designated in the agreement.
(3)
The user shall install and maintain all fuel facilities within the
fuel farm in accordance with plans and specifications approved in
writing by the owner.
(4)
The user shall comply with all local, state and federal laws and
regulations governing the installation, operation and maintenance
of all fueling facilities, equipment and dispensing trucks.
(5)
Dispensing trucks, bulk fuel trucks, emergency vehicles and other
vehicles approved by the owner shall be the only vehicles permitted
within the fuel farm area.
(6)
All fuel storage shall be in underground tanks, with only necessary
equipment such as valves, meters and vents protruding above ground.
(7)
Each prospective fuel user shall submit to the owner a written proposal
which sets forth the extent of operations, to include fuel grades;
estimated annual volume; experience and training of fuel-handling
personnel; type, size and condition of all fueling facilities and
equipment to be used; assurance provisions for the security and safety
of the facility; and any cost that may be expected by the owner.
(8)
The user shall have comprehensive public liability and comprehensive
property damage insurance, including vehicular, in the amounts required
for operators.
(9)
The user shall pay to the owner a fuel flowage fee on the amount
of fuel received into storage at a rate to be established. The user
shall submit to the owner the amount of gallons received each month
on or before the 10th day of the following calendar month. The user
shall also maintain copies or original receipts from the wholesale
fuel vendor as evidence of amount of gallons dispensed per month.
(10)
The minimum storage tank allowed shall be of a five-thousand-gallon
capacity.
(11)
Use of any portable containers in fueling any aircraft on the
airport is strictly prohibited, except under circumstances constituting
an emergency under the Statutes or the Administrative Code of the
State of Wisconsin.
(12)
Specific areas shall be designated to accommodate the users
of fuels other than aviation fuels.
O.
Operators subleasing from another commercial operator on the airport.
(1)
No operator may sublease any aeronautical service or other business
enterprise to another operator without the express written consent
of the owner. The sublease shall define the type of business and service
to be offered by the sublessee operator.
(2)
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 by the lessee operator
and sublessee operator in combination. The sublease agreement shall
specifically define standards to be provided by the lessee operator
and sublessee operator to meet the standards.
[Amended by Ord. No. 89-8]
[Added by Ord. No. 92-86]
A.
Rate established. There is hereby established an aviation fuel flowage
fee for the use and services of the Municipal Airport of the City
of Watertown. The rate for such fee shall be based upon a charge of
$0.03 per gallon of aviation gas or fuel dispensed to any person,
firm or entity at the Watertown Municipal Airport.
B.
Levy of fee. The fee shall be levied upon such person, firm or entity
who or which uses the facilities of the Watertown Municipal Airport
at the time the aviation gas or fuel is dispensed and is to be collected
in the manner of payment for such fuel by the fixed-base operator
from such person, firm or entity. Only the fixed-base operator is
authorized by the City of Watertown to sell, transfer or dispense
aviation gas or fuel at the Watertown Municipal Airport. Said fee
shall be assessed and collected regardless of whether or not the fixed-base
operator collects any sums for the sale, transfer or dispensing of
the aviation gas or fuel from such person, firm or entity who or which
uses the same.
C.
Payment of fee. The fixed-base operator shall maintain accurate records
of the amount and types of aviation gas or fuel dispensed at the Watertown
Municipal Airport, which said records shall be subject to inspection
by officials of the City of Watertown. On at least a monthly basis,
the fixed-base operator shall pay over such fees collected during
the preceding 30 days to the Treasurer of the City of Watertown. Such
payment shall be accompanied by an itemized statement showing the
amount and types of aviation gas or fuel dispensed during the month
preceding the date of submission to the Treasurer.
[Amended 7-5-2022 by Ord. No. 22-63]
D.
Person responsible for payment. The fee established herein shall
be collected from the users of the facilities at the Watertown Municipal
Airport.
The following penalties shall apply for violations of this chapter,
as specified:
A.
Any person, party, firm or corporation who or which shall violate
any of the provisions of this chapter shall, upon conviction thereof,
be punished by a forfeiture of not less than $10 nor more than $500,
together with the costs of prosecution.
B.
Each day's failure to comply with any of the provisions of this chapter
shall constitute a separate violation.
[Added by Ord. No. 89-39]
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 and such
other equipment as the Airport Manager may designate as necessary
to safeguard airport runways, taxiways, ramps, buildings and other
property.
Any person afoot.
Approved equipment normally operated by Air Watertown, Inc.,
fixed-base operator, and/or the Federal Aviation Administration 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 City of Watertown.
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, be driven upon, or operate upon any airport runway, taxiway,
ramp, tie-down area, or any area posted by signs prohibiting the entrance
thereon, except as noted below.
(1)
The provisions of this section shall not apply to emergency equipment
or service, maintenance and construction equipment when engaged in
the performance of its normal duties.
(2)
The provisions of this section shall not apply to aircraft owners,
hangar owners, tenants or authorized guests in the operation of their
private vehicles upon any airport taxiway, ramp, tie-down area, apron
or other paved airport property except runways, with the express purpose
of reaching their aircraft or hangar, provided they use one of the
two marked entrances to the apron or tie-down area, and further provided
that said aircraft owners, hangar owners, tenants or authorized guests
in crossing taxiways, aprons or tie-down areas in order to reach their
aircraft or hangars shall at all times yield to any and all aircraft
proceeding thereon.
(3)
No person shall be allowed to operate or drive upon any airport runway
without the express authorization of the Airport Manager.
C.
Speed of vehicles.
(1)
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 Watertown
Municipal 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 the Airport Manager. Pedestrian traffic is
prohibited on taxiways, runways and outlying areas of the airport
except for those employees of the City, county, state, federal government,
or contractors engaged in airport construction or maintenance work.
E.
Vehicle parking.
(1)
All vehicles parked on airport property shall be parked in designated
areas and in accordance with posted signs or other markings. The Airport
Manager may move, or order the removal of at the vehicle owner's expense,
any vehicle improperly parked.
(2)
Aircraft owners, hangar owners, tenants or authorized guests may
park their vehicles in their hangars or in their tie-down spots when
their aircraft is in actual use and not occupying said space. Common
hangar tenants may park their vehicles along the side of or between
hangars. Parked vehicles shall not hinder the movement of aircraft
or interfere with snow removal activities.
F.
Aero Park Airplane Viewing Area. The Aero Park Airplane Viewing Area
has been designated as open to the general public and has been developed
by the generous efforts of the Bartelme-Schwefel Detachment of the
United States Marine Corps League for the purpose of allowing the
public a viewing area for airport operations and other recreational
uses. Upon the findings of the City of Watertown Airport Commission,
it is deemed necessary to develop and promulgate regulations for the
orderly uses of the Aero Park Airplane Viewing Area.
[Added by Ord. No. 99-40]
(2)
Rules of conduct. It shall be unlawful for any person in the Aero
Park Airplane Viewing Area to:
(a)
Fail to cooperate in maintaining restrooms and washrooms in
a neat and sanitary condition. No person over the age of six years
shall use the restrooms and washrooms designated for the opposite
sex.
(b)
Dig or remove any soil, rock, sand, stones, trees, shrubs or
plants or other wood or materials, or make any excavation by tool,
equipment, blasting or other means, unless specifically authorized
by the Watertown Airport Commission or the United States Marine Corps
League.
(c)
Construct or erect any building or structure of whatever kind,
whether permanent or temporary, or run or string any public service
utility into, upon or across such property, unless specifically authorized
by the Watertown Airport Commission or the United States Marine Corps
League.
(d)
Damage, cut, carve, mark, transplant or remove any plant, or
injure the bark, or pick flowers or seed of any tree or plant, dig
in or otherwise disturb grass areas, or in any other manner injure
the natural beauty or usefulness of the property.
(e)
Climb any tree or walk, climb, stand or sit upon monuments,
vases, planters, fountains, railings, fences or upon any other property
not designated or customarily used for such purpose.
(f)
Attach any rope or cable or other contrivance to any tree, fence,
railing, bench or other structure unless specifically authorized by
the Watertown Airport Commission or United States Marine Corps League.
(g)
Bring any glass beverage container onto the property.
(h)
Allow any domestic animal under that person's control to be
present on or within the property unless specifically authorized by
the Watertown Airport Commission. Any such animals shall be required
to be on a leash and may not run at large.
(i)
Tie or hitch an animal to any tree or plant.
(j)
Hunt, molest, harm, frighten, kill, trap, pursue, chase, tease,
shoot or throw missiles at any animal, wildlife, reptile or bird,
nor shall a person remove or have in one's possession the young of
any wild animal or the eggs or nest or young of any reptile or bird.
(k)
Drive or operate any motor vehicle on any area except those
areas designated as parking areas.
(l)
Perform any type of vehicle maintenance activity which would
involve intentionally discarding or discharging motor oil or any other
vehicle fluid, opening an engine access panel, removing or elevating
one or more tires or a portion of the vehicle, or crawling beneath
a vehicle, except in an emergency situation.
(m)
Wash the exterior of a vehicle or any holding tanks for sanitary
waste, or empty sanitary waste from a vehicle, motor home or camper.
(n)
Post, paint, affix, place, cast or leave about any bill, billboard,
placard, ticket, handbill, circular or advertisement.
(o)
Kindle, build, maintain or use a fire except in places provided
for such purposes. Any fire shall be continuously under the care and
direction of a competent person from the time it is kindled until
it is extinguished.
(p)
Camp or stay overnight anywhere on the property without prior
permission of the Watertown Airport Commission or United States Marine
Corps League.
(q)
Use roller skates, in-line skates, skateboards or bicycles on
any structures, picnic tables, playground equipment, or retaining
walls.
(r)
Fly or launch any model airplanes, radio-controlled airplanes
or model rockets.
(s)
Be in or occupy the property between the hours of 9:00 p.m.
and 5:00 a.m. without prior permission of the Watertown Airport Commission
or United States Marine Corps League; with prior permission, authorized
groups may occupy the property until 11:00 p.m.
G.
Enforcement.
(1)
It shall be the duty of the Police Department of the City of Watertown
to enforce the provisions of this section.
(2)
The provisions of this section shall not conflict with the provisions
of Title 14, Part 139 of the Code of Federal Regulations, as promulgated
and amended from time to time by the Federal Aviation Administration.
Any such provisions of this section in conflict with Part 139, as
amended, shall not take precedence over the provisions of said regulations.
[Added by Ord. No. 89-39[2]]
