City of Kennett, MO
Dunklin County
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Table of Contents
Table of Contents
[Ord. No. 906 §1, 11-3-1964; Ord. No. 2684 §§1 — 2, 8-5-2003]
An Airport Board is hereby established to consist of seven (7) members, who shall be appointed by the Mayor with the advice and consent of the City Council.
[1]
Editor's Note — Ord. no. 2684 changed the number of members from five (5) to seven (7). It went on to state "One (1) of the additional members appointed shall serve an initial term of three (3) years. One (1) of the additional members appointed shall serve an initial term of four (4) years. Upon the expiration of the initial terms, all members shall serve four (4) year terms.
[Ord. No. 906 §2, 11-3-1964]
Members of the Airport Board shall be appointed to serve for four (4) year terms, except as to those originally appointed in the year of 1964 and constituting the original Board under this Article, wherein one (1) member shall be appointed to serve for a term of one (1) year; two (2) members to serve for a term of two (2) years; and one (1) member to serve for a term of three (3) years; and one (1) member to serve for a term of four (4) years. Vacancies shall be filled by appointment.
[1]
Cross Reference — As to term limits, see §130.010.
[Ord. No. 906 §3, 11-3-1964]
The Airport Board shall annually elect a Board Chairman, who shall call and preside over meetings of the Board. A Vice-Chairman and Secretary shall also be elected by the Board members. The Board shall meet at least once a month at a regular meeting place and shall keep a journal containing the minutes and records of the proceedings of each meeting to be kept as a permanent record.
[Ord. No. 906 §4, 11-3-1964]
The Airport Board shall have control and management of the facilities of the Kennett Memorial Airport and all property belonging to or comprising the same and shall maintain and operate the runways, buildings, and grounds in an efficient and business like manner, subject to the regulatory powers and approval of the City Council. The airport facilities shall be operated and maintained in accordance with any agreements in effect with the Federal Aviation Agency as the Representative of the United States of America.
[Ord. No. 906 §5, 11-3-1964]
The Airport Board shall cause all money, revenue, rents and profits, derived from the Kennett Memorial Airport and the operation thereof to be paid to the City.
A. 
The Airport Board will determine the location of all buildings at the Kennett Memorial Airport.
B. 
Persons wishing to construct new buildings or hangars or modify existing buildings or hangars must submit plans and specifications to the Board before starting construction. Plans must conform with minimum construction standards established by the Board. The builder will pay for all connecting taxiways, ramps and other paving expenses. The Board will require, where possible, all steel-clad construction of suitable design and appearance.
C. 
Owners or tenants of privately-owned buildings and hangars must sign a ground lease with the City of Kennett and must provide the Airport Manager keys to the hangars and buildings.
D. 
The City of Kennett, Airport Board and Airport Manager shall have the right to inspect all hangars and buildings.
E. 
Owners or tenants of privately-owned buildings and hangars at the airport shall keep them in good repair and appearance.
F. 
If the Board determines any building is in a state of disrepair, is unsightly, dilapidated, obsolete, or not used for the purpose for which it was built, the Board shall give written notice to the owner or owners of the building. The notice shall state the Board's determination and shall demand the owner make appropriate repairs or alterations, acceptable to the Board.
G. 
Any owner considering sale or transfer of any interest in any buildings or hangars shall apply to the Airport Board for approval. If the Board approves the sale, the transferring owner(s) shall provide an appropriate bill of sale for airport records.
H. 
Owners or tenants of hangars shall be responsible for mowing and maintaining an area extending at least 8 feet in all directions from their hangars.
A. 
Tenants of City-owned buildings and hangars must sign a lease with the City of Kennett and must provide the Airport Manager keys to the hangars and buildings.
B. 
When vacancies occur, the Airport Manager shall determine the succeeding tenant based on date of application. No tenant may transfer occupancy directly to another without the approval of the Airport Manager.
C. 
The City of Kennett, Airport Board and Airport Manager shall have the right to inspect all hangars and buildings.
D. 
Tenants shall keep all hangars and buildings free of debris and not allow them to become unsightly. Tenants shall be responsible for minor repairs and maintenance (up to $50). If a tenant fails to comply with this requirement, the Airport Manager will authorize the repairs and charge the expense to the tenant.
E. 
All hangars must house an aircraft and may not be used for any commercial purpose except by special permission of the Airport Board.
A. 
The Airport Manager must approve all parachuting activities at least twenty-four (24) hours before any jump activity. These activities shall conform with all applicable FAA regulations. No jumping shall occur on the Kennett Memorial Airport after the hour of official sundown.
B. 
Ultralights, balloons, sailplanes, model aircraft or other airborne craft that may create a safety hazard within the traffic pattern may not operate from the Kennett Airport without prior approval from the Airport Manager.
A. 
Any person or entity desiring to operate a commercial operation at the Kennett Memorial Airport shall first submit a written request to the Airport Board. The applicant must furnish a certificate of liability insurance which provides at least the minimum coverages required by this Section. The Airport Board shall investigate the qualifications of the applicant and notify the applicant no later than ten (10) days after the date the Airport Board receives the application whether the applicant's privilege to operate have been granted or denied. No applicant may begin operations until ten (10) days after the date the Airport Board receives the application.
B. 
Commercial operating privileges shall run for one (1) year from the date the Airport Board approves the original application.
C. 
Commercial operators must maintain a certificate of liability insurance, filed with the Kennett City Clerk, with a combined single limit of one million dollars ($1,000,000.00) per occurrence.
D. 
The Airport Board and Airport Manager shall designate the area of operations for aerial applicators. When selecting the area, the Board shall consider the potential effects and dangers of handling toxic and noxious chemicals, as well as erosion of turf runways caused by aircraft.
E. 
The Airport Board shall not permit a permanent base of operations for aerial applications at the airport.
F. 
Any person, firm, or corporation violating any of the terms of this Section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) or by confinement in the County Jail up to ninety (90) days or both.
A. 
Persons causing damage to airport property, whether by negligence, pilot error or other causes, shall be responsible for such damage.
B. 
The Airport Manager shall determine repair or replacement costs and bill them to the responsible party.
A. 
All persons, firms, corporations or companies, to be qualified or authorized to sell, dispense or distribute aviation fuel, oil or lubricants at the Kennett Memorial Airport shall meet the following requirements:
1. 
Applicant must enter into a written agreement with the City of Kennett, Missouri.
2. 
Any such agreement shall not be construed to grant or authorize the granting of an exclusive right prohibited by the Federal Aviation Act as amended. Any such agreement shall not prevent any individual from doing any maintenance work on his/her own aircraft which he/she is allowed to do under FAA regulations or prevent any licensed A & P mechanic from selling oil in the course of aircraft maintenance. The City of Kennett reserves the right to grant to others the privilege and right of conducting any one or all of the aeronautical activities granted to applicant or to any other activity of an aeronautical nature.
3. 
The City of Kennett shall have the right to adopt and enforce reasonable rules and regulations. The applicant and its employees will faithfully observe and comply with all rules and regulations as may be promulgated by the City of Kennett, the State of Missouri, and the United States of America or any Department of the United States of America.
4. 
The applicant may not assign or transfer any rights in this agreement or lease or any interest he may obtain from the City of Kennett, or sublet any leases he may get from the City of Kennett. Any attempt to assign, transfer or sublet shall be void and at the option of the City of Kennett shall be deemed sufficient grounds to cancel and terminate any agreement with the applicant.
5. 
The applicant must agree to furnish service on a fair, equal and not unjustly discriminatory basis to all airport users, and to charge a fair, reasonable and not unjustly discriminatory price for each unit of service or item purchased. Applicant may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers.
6. 
The applicant will not discriminate, on the grounds of race, color, or national origin, and will not permit discrimination against any person or group of persons in any manner prohibited by the Federal Aviation Regulations.
7. 
The applicant will not erect signs or advertising material without the prior written consent of the City of Kennett.
8. 
The City of Kennett, by and through its Airport Board, reserves the right to enter upon any premises involved at any reasonable time for the purpose of making any inspection it may deem expedient.
9. 
An applicant shall maintain at least three (3) storage tanks for the storage of fuel. Each tank shall have a minimum capacity of one thousand (1,000) gallons. One (1) tank shall contain premium automobile gasoline, one (1) tank shall contain one hundred (100) octane low lead aviation fuel, and one (1) tank shall contain Jet A fuel. Applicant shall equip these tanks with adequate pumps, metering devices, filters, overflow containment structures and fire extinguishing equipment. Applicant shall locate the tanks on the airport at places the Airport Board shall specify.
10. 
Instead of providing fixed fuel storage tanks, applicant may provide tank wagons or tank trucks to dispense fuel to aircraft. The Airport Board must approve the tank wagons or tank trucks. The tank wagons or tank trucks must include adequate pumps, metering devices, filters and fire extinguishing equipment. Applicant shall keep the tank wagons or tank trucks in good repair so that they are safe for use at the airport. Except when servicing aircraft, all tank wagons and tank trucks shall remain in a location designated by the Airport Board.
11. 
Applicant shall pay the City of Kennett rental for the property where any fixed tanks are located. The Airport Board shall determine the amount of rent according to the size of the tanks involved, but under no circumstances shall the rent be less than five hundred dollars ($500.00) per year.
12. 
Applicant shall provide personnel to sell and dispense aviation products and services from the hours of 8:00 A.M. until 6:00 P.M. six (6) days per week. Applicant shall conspicuously post telephone numbers for aircraft operators to obtain products and services after normal business hours.
13. 
In addition to the grades of fuel listed above, applicant must provide the following goods and services:
a. 
A variety of aviation-grade engine lubricating oils
b. 
Aviation oxygen
c. 
Aircraft engine preheat devices and auxiliary power devices to assist in the starting of aircraft engines
14. 
If applicant desires to install fixed fuel storage tanks or use existing fixed fuel storage tanks, applicant shall deposit two hundred fifty dollars ($250.00) with the Airport Board, to cover the City of Kennett's participation in tank removal and spillage cleanup programs conducted by the Missouri Department of Resources or other appropriate State or Federal agencies. If the City's deposit to participate in those programs is greater than two hundred fifty dollars ($250.00), applicant shall pay the increased deposit.
15. 
Applicant must file proof of liability insurance with the Airport Board. The airport liability insurance policy must provide a combined single limit of one million dollars ($1,000,000.00) per occurrence.
16. 
If applicant ceases to provide goods and services or fails to comply with any airport regulations, the Airport Board may terminate any agreement it may have with applicant by notifying him/her in writing that the agreement will terminate within thirty (30) days from the date applicant receives the notice of termination. Applicant shall then have sixty (60) days from date applicant receives the notice of termination to remove all equipment, storage tanks, tank wagons or tank trucks he/she may have on the airport.
B. 
Penalty For Violation.
1. 
Any person, firm, or corporation violating any of the terms of this Section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) or by confinement in the County Jail up to ninety (90) days or both.
2. 
Each calendar day that this Section is violated shall be deemed a separate offense, punishable under the terms of this Section.
A. 
As used in this Chapter, "resident aircraft owner" shall be construed to mean all persons, or entities owning an interest in an aircraft or more than one (1) aircraft based at the Kennett Memorial Airport who desire to store aviation fuel at the airport for their own personal use, and do not desire to store aviation fuel for the use by or sale to other persons or entities.
B. 
Any resident aircraft owner must qualify and receive authorization from the Airport Board to store and personally use aviation fuel at Kennett Memorial Airport. The resident aircraft owner must submit an application to the Airport Board and meet the following requirements:
1. 
Applicant must enter into a written agreement or lease with the City of Kennett, Missouri, for the storage and personal use of aviation fuel.
2. 
Applicant and its employees will faithfully observe and comply with all rules and regulations as may be promulgated by the City of Kennett, the State of Missouri, and the United States of America or any Department of the United States of America.
3. 
Applicant shall not sell, give away or otherwise permit any others to use any of applicant's fuel stored at the Kennett Memorial Airport, regardless of whether applicant's fuel is stored in fixed storage tanks or in tank wagons or tank trucks.
4. 
The applicant may not assign or transfer any rights in this agreement or lease or any interest he/she may obtain from the City of Kennett, or sublet any leases he/she may get from the City of Kennett. Any attempt to assign, transfer or sublet shall be void and at the option of the City of Kennett shall be deemed sufficient grounds to cancel and terminate any agreement with applicant.
5. 
Applicant shall maintain one (1) or more storage tanks for the storage of fuel. Each tank shall have a minimum capacity of five hundred (500) gallons. Applicant shall equip each tank with adequate pumps, metering devices, filters, overflow containment structures and fire extinguishing equipment. Applicant shall locate all tanks on the airport at places the Airport Board shall specify.
6. 
Instead of using a fixed fuel storage tank, applicant may provide tank wagons or tank trucks to dispense fuel to aircraft. The Airport Board must approve the tank wagons or tank trucks. The tank wagons or tank trucks must include adequate pumps, metering devices, filters and fire extinguishing equipment. Applicant shall keep the tank wagons or tank trucks in good repair so that they are safe for use at the airport. Except when servicing aircraft, all tank wagons and tank trucks shall remain in a location designated by the Airport Board.
7. 
If applicant desires to install fixed fuel storage tanks or use existing fixed fuel storage tanks, applicant shall deposit two hundred fifty dollars ($250.00) with the Airport Board, to cover the City of Kennett's participation in tank removal and spillage cleanup programs conducted by the Missouri Department of Resources or other appropriate State or Federal agencies. If the City's deposit to participate in those programs is greater than two hundred fifty dollars ($250.00), applicant shall pay the increased deposit.
8. 
Applicant shall pay the City of Kennett rental for the property where any fixed tanks are located, or for the license of using tank wagons or tank trucks at the airport. The Airport Board shall determine the amount of rent according to the size of the tanks involved, but under no circumstances shall the rent be less than five hundred dollars ($500.00) per year. In addition, applicant shall pay a fee of ten cents ($.10) per gallon to the City of Kennett for each gallon of fuel applicant uses from his/her fixed tanks, tank wagons or tank trucks. The City of Kennett shall use this per gallon fee exclusively for the operation and maintenance of the airport. The City of Kennett shall waive all rent and fees under this Subsection if applicant purchases all applicant's fuel from an entity which duly sells fuel under Section 150.110 of this Chapter.
9. 
Applicant must file proof of liability insurance with the Airport Board covering applicant's storage of aviation fuel on Kennett Memorial Airport property. The liability insurance policy must provide a combined single limit of one million dollars ($1,000,000.00) per occurrence.
10. 
The applicant will not erect signs or advertising material without the prior written consent of the City of Kennett.
11. 
Applicant shall not permit any other person or entity to use, purchase or receive any fuel which applicant stores and uses under this Section.
12. 
If applicant fails to comply with the agreement or lease with the City of Kennett or fails to comply with any airport regulations, the Airport Board may terminate any agreement or lease it may have with applicant by notifying him/her in writing that the agreement will terminate within thirty (30) days from the date applicant receives the notice of termination. Applicant shall then have sixty (60) days from date applicant receives the notice of termination to remove all equipment, storage tanks, tank wagons or tank trucks he/she may have on the airport.
C. 
This Section pertains only to the private storage and personal use of aviation fuel and does not amend or alter the provisions of this Chapter pertaining to the commercial sale, dispensing, distribution of aviation fuel, oil or lubricants at the Kennett Memorial Airport.
D. 
Penalty For Violation.
1. 
Any person, firm, or corporation violating any of the terms of this Section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) or by confinement in the County Jail up to ninety (90) days or both.
2. 
Each calendar day that this Section is violated shall be deemed a separate offense, punishable under the terms of this Section.
A. 
Purpose Of Restrictions. To protect the public health and safety from the creation and future maintenance of hazards affecting the use of the Kennett Memorial Airport, this Section restricts the heights of any structures and any objects growing naturally on the real estate described in this Section.
B. 
Description Of Restricted Real Estate. The following real estate lies within the landing and departure paths of aircraft using the Kennett Memorial Airport, and therefore is subject to the restrictions contained in this Section:
All lands situated in the East Half of the Southeast Quarter (E ½ SE ¼ of Section 36, Township 19 North, Range 9 East, and in the West Four Hundred (400) feet of the Southwest Quarter (SW ¼) of Section 31, Township 19 North, Range 10 East, in the City of Kennett, Dunklin County, Missouri.
C. 
Height Restriction. Within the area described in this Section, no building, structure, tree or other naturally growing object shall be erected, constructed, modified, moved or allowed to grow such that it reaches a height greater than fifteen (15) feet above ground level plus an additional one (1) foot vertically for each twenty (20) feet horizontally that the structure or object lies North of the South line of Section 31, Township 19 North, Range 10 East, in the City of Kennett, Dunklin County, Missouri. Buildings or structures include, for example, power lines, communication lines, poles, trees, smoke stacks, chimneys, towers or signs.
D. 
Violation Constitutes Nuisance.
1. 
Any structure or naturally growing object which violates the height restrictions of this Section is a public nuisance and a hazard to persons and aircraft approaching and departing the Kennett Memorial Airport through the restricted area described in this Section.
2. 
The City of Kennett shall take immediate and appropriate action to abate any such nuisance.
3. 
Violations by City of Kennett license holders. Any person or entity holding a City of Kennett merchant's license or other City of Kennett license issued after September 26, 1978, may, at the discretion of the Kennett City Council, have the license or licenses suspended or revoked if the license holder fails to abate any violation of this Section within five (5) days after receiving demand by the City Building Inspector. Before the City of Kennett may suspend or revoke the license, the license holder shall have the opportunity for a hearing in front of the City Council on the alleged violation. The license holder must receive reasonable written notice at least five (5) days before the scheduled date of the hearing. The notice required by this Subsection may be contained in the demand of the Building Inspector.
4. 
Penalty for violation.
a. 
Any person, firm, or corporation violating any of the terms of this Section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) or by confinement in the County Jail up to ninety (90) days or both.
b. 
Each calendar day that this Section is violated shall be deemed a separate offense, punishable under the terms of this Section.
A. 
"Owners Or Operators Of Aircraft" are defined as persons or entities owning or operating an aircraft and customarily or regularly parking or tying the aircraft down at the Kennett Memorial Airport.
B. 
All owners or operators of aircraft, as defined above, beginning December 2,1980, shall be charged a tie-down fee of ten dollars ($10.00) per month to the City Clerk of the City of Kennett, Missouri, for each aircraft. Owners or operators may either pay this fee each month, in advance, or may pay one hundred dollars ($100.00) per year, in advance.
C. 
Any owner or operator of an aircraft who parks or ties down an aircraft less than fifteen (15) days shall not be charged the tie-down fee. Any aircraft left parked at the Airport for an extended period of time without payment of proper fees may not be removed until the operator pays all charges to the Airport Manager.
D. 
Trainers and locally-based aircraft shall not park directly in front of the administration building except for loading and unloading.
E. 
Any person, firm, or corporation violating any of the terms of this Section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not less than one dollar ($1.00) and not more than five hundred dollars ($500.00) or by confinement in the County Jail up to ninety (90) days or both.
[Ord. No. 2662 §§1 — 5, 9-24-2002]
A. 
Any person or entity desiring to conduct aerial application operations from the Kennett Memorial Airport shall comply with the application requirements set forth in Section 150.090 of the Municipal Code of the City of Kennett which requirements shall be in addition to the requirements of this Section.
B. 
Each such aerial applicator must provide proof of general liability insurance with a combined single limit of not less than one million dollars ($1,000,000.00) listing the City of Kennett as additional insured.
C. 
Each such aerial applicator must pay a one thousand five hundred dollar ($1,500.00) annual user fee payable before conducting any operations.
D. 
Each aircraft conducting aerial applications shall have a working communications radio and pilots must make position reports, at a minimum, on downward, base and final approach legs of the traffic pattern. Aerial applicators shall not be required to fly the standard pattern altitude of one thousand one hundred (1,100) feet mean sea level but shall fly at an altitude which enables aircraft operating on the ground or on final approach to see the aerial applicator as necessary to maintain safe traffic separation.
E. 
A loading and containment area must be constructed and maintained, at the expense of the aerial applicator(s), which complies with EPA, Missouri DNR and FAA standards and the standards and regulations of any other applicable Federal or State agency and approved by the City of Kennett Building Inspector and Fire Chief. Any one (1) aerial applicator may construct and maintain the loading and containment area or may construct and maintain the loading and containment area together with other aerial applicators. The person(s) or entity(ies) bearing the expense of constructing and maintaining the loading and containment area may charge a reasonable fee to other aerial applicators who do not bear the expense of constructing and maintaining the loading and containment area. Operators may satisfy this requirement by using portable loading and containment devices, if the devices comply with EPA, Missouri DNR and FAA standards and the standards and regulations of any other applicable Federal or State agency and meet approval of the City of Kennett Building Inspector and Fire Chief.