[R.O. 1997 § 150.010; 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-year terms."
[R.O. 1997 § 150.020; Ord. No.
906 § 2, 11-3-1964]
Members of the Airport Board shall be appointed to serve for
four-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.
[R.O. 1997 § 150.030; 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.
[R.O. 1997 § 150.040; 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.
[R.O. 1997 § 150.050; 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.
[R.O. 1997 § 150.060]
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 eight (8) feet in all directions
from their hangars.
[R.O. 1997 § 150.070]
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 fifty dollars ($50.00)]. 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.
[R.O. 1997 § 150.080]
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.
[R.O. 1997 § 150.090]
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.
[R.O. 1997 § 150.100]
[R.O. 1997 § 150.110]
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/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 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 airport property at places designated
by the Airport Board.
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.
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.
[R.O. 1997 § 150.120]
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 ($0.10) 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 155.110 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.
[R.O. 1997 § 150.130]
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 1/2 SE 1/4 of Section 36, Township 19 North, Range 9 East, and
in the West Four Hundred (400) feet of the Southwest Quarter (SW 1/4)
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, smokestacks,
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.
[R.O. 1997 § 150.140]
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, shall be charged
a tie-down fee as determined and approved by the City Council from
time to time.
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.
[R.O. 1997 § 150.150; 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 155.090 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 an annual user fee of one thousand
five hundred dollars ($1,500.00) 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.
