Town of Nantucket, MA Article I General Information

§ 203-1 Purpose and statutory authority.

A. These Airport Rules and Regulations (AR&R) have been formulated and adopted by the Nantucket Memorial Airport Commission for the Nantucket Memorial Airport, hereinafter referred to as "Airport." This supersedes all previous documents of its kind, and was officially adopted on May 9, 2006.

B. These Airport Rules and Regulations are prepared in compliance with MGL c. 90, § 51J.

C. These Airport Rules and Regulations are intended to provide for the safe, orderly and efficient operation of the Airport. Furthermore, these regulations are intended to provide for the orderly development and regulation of aeronautical-related activities on the Airport by establishing uniform regulations. These regulations are consistent with those of pertinent federal and state agencies in order that those engaged in such activities may do so with the least possible restrictions, consistent with the safety and rights of others and the public's welfare.

§ 203-2 Scope; enforcement authority.

A. All users, tenants, customers and visitors of the Airport shall be governed by these Airport Rules and Regulations. Administration of the terms of the AR&R shall be under the authority, responsibility and control of the Airport Manager. Policymaking activities of the Airport Rules and Regulations reside with the Airport Commission.

B. All commercial tenants at the Airport shall maintain a copy of the AR&R in a conspicuous location for the use of employees and customers. Moreover, all tenants shall require their employees, as a condition of employment, to read and understand these AR&R and any subsequent amendments. All persons engaged in activities or special events at the Airport shall adhere to all requirements within these regulations.

C. When an emergency exists at the Airport, the Airport Manager is empowered to issue such directives and take such action as necessary to protect people, property and assets and promote the safe operation of the Airport. Such directives and actions of the Airport Manager have the power of regulation as long as the emergency exists.

D. Should any part of these AR&R conflict with federal, state or local government laws or ordinances, then such federal, state or local government laws takes precedence.

E. These AR&R shall in no way supersede or abrogate regulations set forth in FAA Federal Aviation Regulations, particular Part 139, Certification and Operations of Airports,[1] and Transportation Security Administration, Federal Regulation Part 1542, Airport Security.[2] If any provision of these AR&R is held invalid, the remainder of the AR&R shall be valid. Future amendments, additions, deletions or corrections to these AR&R will be incorporated into these regulations as required and as directed by the Airport Commission.

[1] Editor's Note: See 14 CFR Part 139, Certification of Airports.

[2] Editor's Note: See 49 CFR Part 1542, Airport Security.

F. The Airport Manager shall have the authority to suspend flying operations when, in the Airport Manager's opinion, the condition of the landing field is such as to make Airport operations unsafe, or when instructed to do so by the FAA or TSA, or other governing agency.

§ 203-3 Definitions. [1]

The definitions are many and voluminous; however, it is crucial that they be identified. Some of the words defined in Appendix A may not appear in these regulations; however, to better understand the overall operation of the Airport, it is felt that incorporating them is important.

[1] Editor's Note: See Appendix A, included as an attachment to this chapter.

§ 203-4 Compliance and enforcement.

A. All persons, including, but not limited to, employees, users, customers, and visitors, are expected to comply with the provisions of these AR&R. The use of the Airport or any of its facilities in any manner, by any person, tenant, or entity, shall create an obligation on the part of the user to obey all the AR&R herein provided and adopted by the Airport Commission, and all other Town of Nantucket (Town) ordinances and administrative procedures pertaining to Airport operations.

B. The Airport Manager is hereby officially empowered to enforce these AR&R and utilize the local law enforcement agencies and/or emergency services for assistance. This would include, but not be limited to, police, fire and ambulance services. A letter of agreement for this support between the Airport Commission and the local Police Department will be prepared by the Airport Manager and included as Attachment 1 to this chapter.[1]

[1] Editor's Note: Attachment 1 is on file in the Town offices.

§ 203-5 General requirements.

A. Nondiscrimination. All commercial aviation businesses using the Airport shall furnish their services on a fair, equal and nondiscriminatory basis. Commercial aviation businesses will not, on the grounds of religion, race, color or national origin, sex, age, height, weight, marital status, or handicap, discriminate against any person or groups of persons in any manner prohibited by Title VII of the Civil Rights Act of 1964, or by Part 15 of the Federal Aviation Regulations.[1] Airport management shall have the right to take such action as the federal government may direct to enforce this obligation.

[1] Editor's Note: See 14 CFR Part 15.

B. Accidents. All accidents, no matter how minor, must be reported within no more than one hour from the occurrence unless the accident involves injuries. An accident involving injuries shall be reported immediately to the Airport Manager (508-325-5300) and other agencies, in accordance with the Airport emergency plan.

C. Advertising. Signage or advertising used on the exterior of structures or on Airport leased property requires written approval from the Airport Manager.

D. Aircraft Operations Area (AOA). The AOA is considered a restricted area and is established for safety and security reasons. Except for passengers enplaning or deplaning aircraft, the general public is prohibited from the AOA unless escorted by an authorized employee of the Airport or a tenant. The general public is also prohibited from all other areas of the Airport posted as being a restricted area.

E. Animals.

(1) Animals required for assistance to the blind, hearing impaired, disabled, or security enforcement persons are permitted on the Airport Operations Area. Domestic dogs and cats are permitted in other public areas of the Airport when restrained by leash and kept completely under control.

(2) All other animals, domestic or exotic, are prohibited from the Airport; except when such animals are containerized for air shipment.

F. Building materials. No building materials, supplies, equipment or refuse, including trash containers, shall be stored or kept in any open area on the building site. No vehicle used for hauling trash, dirt, or any other material shall be operated on the Airport, unless such vehicle is constructed so as to prevent the contents from dropping, blowing, sifting, leaking or otherwise escaping.

G. Children. Children under the age of 16 shall be accompanied by an adult at all times when on Airport property. No SIDA badges will be issued to anyone under the age of 16.

H. Commercial activity. Commercial activity of any kind, involving the tender of money or barter, requires the written authorization of the Airport Manager and payment of fees as required.

I. Commercial photography. Commercial photography of any kind requires the written authorization of the Airport Manager and payment of fees as required.

J. Damage or destruction of property. Damage to property is prohibited, and persons so involved will be fully liable to the Airport Commission.

K. Demonstrations. The Town's official policy can be found in the Charter and Code of the Town of Nantucket.

L. Disorderly conduct or obscene acts. Any conduct considered disorderly or obscene will be punished to the full extent of the law.

M. Employee background checks. Tenants will conduct detailed background checks on all employees as designated by the FAA or TSA and provide the Airport Manager with written verified information. Federal standards are a minimum and the Town adheres to higher standards requiring tenants to perform and provide criminal background checks.[2]

[2] Editor's Note: See Ch. 108, Civil Fingerprinting, of the Code of the Town of Nantucket.

N. Fuels and oils.

(1) Gasoline, oil, and solvent drums or similar receptacles shall not be stored on apron and ramp areas in excess of amounts actually needed as current stock. Any material of this type that is kept in subject areas will be kept in enclosed containers and covered in a clearly marked and labeled housing of a design and type that meets the approval of the Airport Manager and all federal, state and local requirements.

(2) No fuels, oils, dopes, paints, solvents, or acids shall be disposed of or dumped in drains on the ramp areas, catch basins or elsewhere on the Airport.

(3) Each operator handling, using, or storing fuels, oils, solvents, chemicals and/or hazardous materials at the Airport shall provide a written report to the Airport Manager, updated annually, identifying all hazardous materials used or stored at the Airport and describing the measures taken by the operator to comply with all applicable federal, state, and local laws and other regulatory measures. No hazardous materials are permitted to be stored in aircraft hangars. All operators shall be subject to inspection for compliance during normal business hours by or on behalf of the Airport Commission.

O. Gambling. Any type of gambling on the Airport is prohibited.

P. Lost or mislaid property. Property left unattended will be considered lost and shall be turned in to the Lost and Found Center (custodian's office), where it will be logged. A maximum of three attempts will be made to contact the owner on identifiable pieces. Any item with an estimated value of less than $150 will be stored for a maximum of 90 days. Higher value items will be stored for 180 days. After such time, the items will either be disposed of, auctioned, or donated to charity. A complete Airport Lost and Found Policy can be obtained through the Airport Manager's or Airport Security Offices.

Q. Safety. Provisions for the safety of employees, customers, guests and visitors while on leased premises is required and the responsibility of the lessee.

R. Sanitary requirements. All commercial operators shall at all times comply with safety, health and sanitary codes of the Commission and Town, state and federal governments.

S. Signage. Signage standards are established by the Town. No sign or advertisement or notice shall be displayed on the outside or inside of any structure on the Airport unless authorized by the Airport Manager or otherwise approved as part of a lease or contractual agreement.

T. Soliciting funds. Any solicitation of funds requires the written authorization of the Airport Manager and payment of fees as required. No soliciting or passing of fliers, circulars, or other similar materials shall be permitted by any one or any portion of the Airport premises without the permission of the Airport Manager. Approved activities are restricted to those areas specified and approved by the Airport Manager.

U. Storage of property or equipment. No storage of equipment or salvage materials will be allowed on the exterior of leasehold property. Nonapproved storage items include, but are not limited to, boats, boat trailers, RVs, unlicensed cars, furniture, etc.