[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.
[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.
[1]
Note: This ordinance (Ordinance No. 1063) shall be retroactive
to the date of signing of the agreement first signed on February 1,
2013.
