[1]
Editor's Note: This article replaces the Resolution of the board of city commissioners passed on April 14, 1981, establishing fees, retroactive to July 1, 1980, and ratifying any fees imposed by the airport manager for scheduled air carriers.
[Ord. No. 583, § 1, 7-28-1981; amended 7-28-2020 by Ord. No. 1115]
The City of Williston owns and operates XWA International Airport. Increased air activity and use of such airport have necessitated continued improvements and expenditures of money by the City to provide the required services demanded by the users of the airport, including passengers, tenants, visitors, the general public, and all other parties using such airport for whatever purpose. The governing body desires to establish fees to be paid by users of the airport to help defray all the costs and expenses incurred by the City. The governing body hereby establishes the following uniform guidelines in the establishment of landing fees and charges for the use of XWA International Airport by commercial operators providing air transportation.
[Ord. No. 583, § 2, 7-28-1981; amended 7-28-2020 by Ord. No. 1115]
(a) 
As used in this article:
(1) 
Based operators shall include those operators who have an established base of operations at XWA International Airport, including offices, hangar space, and permanent facilities, who conduct business with the general public.
(2) 
Non-based operators shall include those operators who use the airport on a continuing basis, but not on a daily basis, for the transportation of persons or property, but who do not have permanent facilities located at the airport. Such non-based operators do not make frequent use of the airport but make an occasional landing. Such non-based operators generally do not solicit customers from the general public for purposes that include the use of XWA International Airport on a regular basis.
[Ord. No. 583, § 7-28-1991]
(a) 
Based operators.
(1) 
There shall be no landing fees assessed for this category of operators under this article. Such operators generally enter into separate lease agreements providing for the payment of rentals and other fees and charges in lieu of landing fees.
(b) 
Non-based operators.
(1) 
There shall be no landing fees assessed for this category of operators under this article. The airport manager is authorized and directed to prepare rules, regulations, fees and charges for such non-based operators who make more than an occasional use of the airport, subject to the approval of the governing body.
(c) 
Scheduled air carriers.
(1) 
A fee shall be assessed for scheduled air carriers based on a given dollar amount per thousand pounds of gross weight for each type of aircraft used in this category of operation. Such fee shall be re-evaluated from time to time by the airport manager, subject to the approval of the governing body of the city, taking into account increased costs and expenditures necessary by the city in operating the airport, as a result of the use of the airport by such scheduled air carriers. The minimum fee shall be $150 per month.
(2) 
Each scheduled air carrier shall enter into a written agreement, renewal annually, between itself and the city for the payment of such landing fees. Such agreement shall run from the 1st day of January to the 31st day of December. The airport manager shall request the city attorney to draw up such agreement, and any such agreement shall be subject to the approval of the board of city commissioners.
(d) 
Security deposit.
(1) 
As and for security for the payment of any landing fees due as a result of this article any agreements entered into between the city and any users of the airport facilities, the user shall be required to pay its landing fees three months in advance, or in lieu thereof, may furnish the city with a surety bond approved by the city attorney in an amount equal to three months advance landing fees.
[Ord. No. 583, § 4, 7-28-1981]
Any person, firm or corporation violating any of the provisions of this article shall, upon conviction thereof, be punished by a fine not to exceed $500 or by imprisonment not to exceed 30 days, or by both such fine and imprisonment. Such penalty provision shall not affect the city's right to pursue collection of any landing fees and charges through civil remedies.
[Ord. No. 941, § 1, 10-11-2011; amended 7-28-2020 by Ord. No. 1115]
This article shall be known and cited as "The XWA International Airport Parking Ordinance."
[Ord. No. 941, § 2, 10-11-2011; Ord. No. 1063, 6-13-2017]
(a) 
When used in this article, the following words and phrases shall have meanings respectively ascribed to them in this section:
(1) 
MOTOR VEHICLE - Means every vehicle which is self-propelled.
(2) 
PARKED - Means standing a vehicle, whether occupied or not, upon the parking lot, when not loading or unloading, except when making necessary repairs.
(3) 
PARKING LOT - Means that area of pavement located near the Airport Terminal building which is designed and used for the parking of motor vehicles.
(4) 
PERSON - Means every natural person, firm, association, or corporation and their legal successors.
(5) 
SHORT TERM PARKING - Means hours 2-24 on the first day of parking.
(6) 
LARGE COMMERCIAL VEHICLE - Means any vehicle occupying more than one vehicle space in the parking lot.
(7) 
LONG TERM PARKING - Means any hours, from 0-24, on the second day of parking and each day thereafter.
(8) 
DAY - Means from 12:00 a.m. to 11:59 p.m. each calendar day.
(9) 
PASSENGER DROP OFF LANE - Is defined as the parking lane directly adjacent to the front entrance of the airport terminal. This lane shall be properly noticed via signs or street markings.
[Added 7-28-2020 by Ord. No. 1115]
(10) 
UNATTENDED VEHICLE - Shall be defined as one without a driver.
[Added 7-28-2020 by Ord. No. 1115]
[Ord. No. 941, § 3, 10-11-2011; Ord. No. 1063, 6-13-2017]
(a) 
The City of Williston is not responsible for damage or theft of vehicles while they are parked in the Airport's parking lot.
(b) 
The City may enter into a private agreement for the general operation and management of parking of motor vehicles at certain parking facilities serving the XWA International Airport as long as the agreement is approved by a majority of the Board of City Commissioners. The document must be kept on file for review at XWA International Airport.
[Amended 7-28-2020 by Ord. No. 1115]
(c) 
The City may set, by resolution, the fees to be collected for a violation of the agreement specified in Subsection (2).
(d) 
If any vehicle is parked outside of the designated parking spaces the airport reserves the right to tow the vehicle at the owner's expense.
(e) 
No large commercial vehicles are allowed to be parked in the airport's parking lot.
(f) 
Any vehicle leaking fluids is subject to tow.
(g) 
It shall be unlawful to park in the "Passenger Drop-Off Lane" directly adjacent to the front entrance of the airport terminal.
[Added 7-28-2020 by Ord. No. 1115]
(h) 
It shall be unlawful to leave an unattended vehicle in the " Passenger Drop-Off Lane" directly adjacent to the front entrance of the airport terminal.
[Added 7-28-2020 by Ord. No. 1115]
[Ord. No. 941, § 4, 10-11-2011]
If a motor vehicle is parked in violation of Section 2.5-8 of this article, and the violation is a civil infraction, the person in whose name that motor vehicle is registered in this state or another state at the time of the violation is prima facie responsible for the violation and subject to the penalties provided in Section 2.5-11 of this article.
[Ord. No. 941, § 5, 10-11-2011]
(a) 
Whenever any police officer finds a motor vehicle parked in the parking lot in violation of Section 2.5-8 of this article, such officer is hereby authorized to remove or cause to be removed such motor vehicle to the nearest garage or other place of safety or to require the driver or other person in charge of the motor vehicle to move the same to a position off the parking lot.
(b) 
The necessary costs for such removal shall become a lien upon such motor vehicle and the person into whose custody the vehicle is given may retain it until the expenses involved have been paid.
(c) 
The removal of any motor vehicle authorized under this section shall have no effect on a prosecution for a violation of Section 2.5-8 of this article.
[Ord. No. 941, § 6, 10-11-2011; Ord. No. 1063[1], 6-13-2017]
A person who violates Section 2.5-8 of this article is responsible for a civil infraction and shall be fined not less than $20 nor more than $100. The penalty shall be set by resolution.
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Note: This ordinance (Ordinance No. 1063) shall be retroactive to the date of signing of the agreement first signed on February 1, 2013.