(a)
Enforcement.
The provisions of this article shall be
enforced by the airport manager or his designate, and it shall be
unlawful for any person to interfere with or hinder the airport manager
or his designate in the exercise of his duties under this article.
Notwithstanding any provisions contained herein to the contrary, the
airport manager or his designate is hereby granted the authority to
issue immediate citations to persons violating any provision of this
article in their presence.
(b)
Penalty.
(1)
Any person violating or failing to comply with any provisions or
requirements of this article shall also be deemed guilty of a misdemeanor
and, upon conviction thereof, shall be fined not more than $500.00.
A separate offense shall be deemed committed upon each day during
or on which a violation or failure to comply occurs or continues to
occur.
(2)
In addition to any other remedies or penalties contained herein,
the city may enforce the provisions of this section pursuant to the
applicable provisions of chapter 65 [chapter 54] of the Texas Local
Government Code, which chapter provides for the enforcement of municipal
ordinances.
(Ordinance 537-06, sec. 17, adopted 10/23/06)
(a)
The
city manager shall have the right to set rules governing the operation
and conduct of the airport in an efficient manner. All rules and regulations
shall be conspicuously posted. In the event of a conflict between
the ordinances, rules and regulations, the ordinances of the city
shall control.
(b)
The
city manager may terminate any facilities rental and/or airport access
in the event that an airport user fails to timely pay monthly fees
or other charges. Access to the airport may be barred for violation
of any of the airport rules and regulations. The city manager must
give actual notice or notice by registered mail, return receipt requested.
The decision may be appealed to the city council for a hearing. Written
notice of appeal must be given to the city secretary within five (5)
days of the city manager’s decision.
(Ordinance 537-06, sec. 16, adopted 10/23/06)
City-based aircraft shall not use the airport for commercial
activities, for hire of passengers, freight, express or mail, for
instruction in aviation in any of its branches, for the sale of fuels,
refreshments, or any commodity, or for any other commercial purpose,
unless approved by a written permit from the governing body or its
duly authorized agent.
(Ordinance 537-06, sec. 1, adopted 10/23/06)
It shall be the responsibility of the city manager, or his designate,
to check and approve all lease agreements granted for the erection
or use of hangars and ramps, and construction of accesses to hangars
and ramps, and to see that all hangars are constructed so as to be
adequate for the purpose intended and that the property and buildings
are properly maintained.
(Ordinance 537-06, sec. 2, adopted 10/23/06)
(a)
By
resolution of the city council, from time to time, hangar space rental
fees, tie-down rental fees, and other fees deemed necessary will be
established.
(b)
Tie-downs
and hangar facilities may be rented by the month.
(c)
Failure
to pay hangar space or tie-down rental fees shall give the city the
right to take possession of permanent built hangars and abandoned
aircraft on airport property and their contents and dispose of same
in accordance with applicable laws relating thereto.
(Ordinance 537-06, sec. 3, adopted 10/23/06)
All parties granted leases or permits to use the airport property
shall carry a minimum of $500,000.00 aircraft liability insurance
to cover all damages that may occur by their use of the property,
and the city shall be held harmless in all cases by any lessee and
the lessee’s agents, employees, invitees, and guests.
(Ordinance 537-06, sec. 4, adopted 10/23/06)
The rules and regulations set forth in this article shall be
observed in the use, operation, and conduct of the municipal airport.
(Ordinance 537-06, sec. 5, adopted 10/23/06)
(a)
Federal air traffic rules.
The federal air traffic rules
maintained by the Federal Aviation Administration for observance by
aircraft operated anywhere in the United States, and presently or
hereafter effective, are hereby referred to, adopted, and made a part
hereof as though fully set forth and incorporated herein. For the
convenience of the airmen, the city secretary and the airport manager
shall each endeavor to have on file in their respective offices a
copy of said air traffic rules.
(b)
Damage to airport.
Any person, including the owner of
any aircraft, causing damage of any kind to the airport, whether through
violation of any of these rules or through any act of negligence,
shall be liable therefor to the city or property owners of property
on city leased land.
(c)
Persons entering airport shall do so at own risk.
Any
person entering upon the grounds of the municipal airport, or using
it for any purpose, shall do so at his own risk, to person and property,
and shall hold the city harmless for and on account of any injury
or damage to person or property suffered thereby. Such person shall
be bound by and obey all the rules and regulations concerning and
pertaining to the airport.
(d)
Aircraft to be operated by licensed pilots.
Only aircraft
and airmen licensed by the Federal Aviation Administration shall operate
upon or over the municipal airport; provided, this limitation shall
not apply to students in training under licensed instructors or to
public aircraft of the federal government or of a state, territory,
or political subdivision thereof, or to aircraft licensed by a foreign
government with which the United States has a reciprocal agreement
covering the operation of such licensed aircraft.
(e)
Registration of users and aircraft.
Every person stationed,
employed, receiving instruction, or operating upon the municipal airport
shall register at the office of the airport manager, and shall give
his name, address, and telephone number and the nature of his/her
business or occupation. Identification numbers of all aircraft hangared
at the municipal airport shall be registered at the office of the
airport manager.
(f)
Use of another’s property.
For the security of
the airport and property of its lessees, the use of any aircraft,
parts, equipment, accessories, or tools of another, situated on the
airport, is forbidden unless authorized by the owner in writing.
(g)
Use of intoxicants and narcotics prohibited.
No person
under the influence of an intoxicant or narcotic shall operate or
fly in any aircraft upon or over the municipal airport; provided such
inhibition shall not apply to a passenger when accompanied by a nurse
or caretaker in an aircraft apart from the pilot.
(h)
Lien for charges.
To enforce the payment of any charge
made for repairs, improvements, storage, or care of any personal property
made or furnished by the city or its agents in connection with the
operation of the municipal airport, the city shall have a lien upon
such personal property, which shall be enforceable as provided by
law.
(i)
Lien possessory right.
To enforce the payment of any
such charge, the airport manager may retain possession of such personal
property until all reasonable, customary, and usual compensation shall
have been paid in full, in accordance with applicable laws.
(j)
Removal of wrecked aircraft.
Every aircraft owner, and
his pilot and agents, shall be responsible for the prompt removal,
under the direction of the airport manager, of wrecked aircraft.
(k)
Repairs to aircraft.
No aircraft shall be repaired on
any part of the landing or takeoff area, and all repairs shall be
made at the places designated by the airport manager for such purpose.
(l)
Broken glass.
No bottle or glass shall be left broken
upon the floor of any building or upon any part of the surface area
of the airport.
(Ordinance 537-06, sec. 6, adopted 10/23/06)
(a)
Ground vehicular traffic.
All ground vehicular traffic
shall be confined to roads, streets, avenues, and alleys provided
on the grounds for that purpose, and shall not be operated at a speed
in excess of twenty (20) miles per hour.
(b)
Parking aircraft.
Aircraft shall not be parked on or
within two hundred (200) feet of any part of the landing or takeoff
area of the airport, and all unhoused aircraft shall be parked in
the space designated by the airport manager for that purpose.
(c)
Parking vehicles.
No person shall park a motor vehicle
on the airport other than in the manner and place described by the
airport manager.
(1)
Tenants may park their own cars in the hangar when the aircraft is
being flown.
(2)
Hangars shall be primarily for aviation use and shall not be used
for storage of boats, household goods, old automobiles, or items of
this nature, when aircraft are not stored in the hangar.
(3)
No person shall abandon any motor vehicle on the airport or park
a vehicle on the airport in a public parking area for an extended
period unless express approval for such parking is obtained from the
airport manager.
(d)
Prohibited vehicles.
No go-carts, motor bikes, bicycles,
skateboards, or similar vehicles, or horses, shall be permitted on
the landing areas, taxiways, sidewalks, or any other areas marked
“closed” or where such action might conflict with aircraft
or cause a safety hazard.
(e)
Prohibited storage of personal property.
Personal property
such as recreational vehicles, portable buildings, trailers, motor
vehicles, or any other items stored outside hangars is strictly prohibited.
(f)
Gassing.
All aircraft shall be gassed on the parking
ramp clear of hangars.
(g)
Taxiing in hangars.
As a safety precaution, there shall
be no taxiing of aircraft by motor power into or out of hangars.
(h)
Tie-down of aircraft.
All aircraft owners or their agents
shall not leave aircraft unattended on the airport unless properly
secured or within a hangar. Owners of such aircraft shall be held
responsible for any damage resulting from failure to comply with this
rule.
(i)
Takeoff or landing on apron or parking ramp.
No takeoffs
or landings shall be made on the apron or parking ramp on the right
side of taxi strips.
(j)
Takeoffs and landings generally.
Takeoffs will be allowed
from the runway at the pilot’s discretion. Touch-and-go landings
may be made at the discretion of the pilot. All aircraft shall “clear”
for incoming and takeoff traffic before taxiing into the takeoff position.
(k)
Traffic flow.
Traffic patterns and their altitude shall
be required as provided in the standards published by the Federal
Aviation Administration.
(l)
Restrictions on takeoffs and landings.
No aircraft shall
land or take off in such manner as to clear any public street or highway
at an altitude of less than one hundred (100) feet, nor land or take
off on the taxiway or over hangars or other structures, automobile
parking areas, or groups of spectators.
(m)
Taxiing precautions.
All aircraft shall be taxied at
a slow and reasonable speed, and if not equipped with adequate brakes
shall have an attendant beside at least one wing when taxiing in the
vicinity of a hangar or other building.
(n)
Stopping when in vicinity of other aircraft.
Aircraft
shall be brought to a complete stop when in the vicinity of aircraft
either landing or taking off.
(o)
Advertisements.
No person shall post, distribute, or
display signs, advertisements, circulars, printed or written, at the
airport, except with the approval of the airport manager and in such
manner prescribed.
(p)
Auctions.
There shall be no auctions or other special
sales held on any airport property without prior consent of and in
the manner prescribed by the city.
(q)
Soliciting.
No person shall solicit funds for any purpose
on the airport without the permission of the city or the airport manager.
(r)
Hunting.
There shall be no hunting or shooting on the
airport or lands under the control of the airport manager.
(s)
Surreptitious activities.
Any person observing suspicious,
unauthorized, or criminal activities is encouraged to report such
activities immediately to the airport manager or to a city, county,
or state peace officer.
(t)
Common courtesy.
The exercise of common courtesy is
expected of all pilots in traffic pattern work on the airport.
(Ordinance 537-06, sec. 7, adopted 10/23/06)
(a)
If
not equipped with adequate brakes, the engine shall not be started
in an aircraft until and unless the wheels have been set with blocks
attached to ropes or other suitable means of removing them.
(b)
No
engine shall be started or run unless a competent operator is at the
controls of the aircraft, and no engine shall be started or run inside
any building.
(c)
No
engine shall be started, run or warmed up until and unless the aircraft
is in such position that the propeller stream will clear all buildings
and groups of people in the path of the aircraft.
(Ordinance 537-06, sec. 8, adopted 10/23/06)
(a)
Every
person entering upon or using the airport or its facilities in any
manner shall exercise the greatest care and caution to avoid and prevent
fire.
(b)
Aircraft
shall not be fueled while the engine is running or while in a hangar
or other enclosed place. Fueling shall be done in such a manner and
with such equipment that adequate connections for grounding static
electricity shall be continuously maintained during the operation.
(c)
Compressed
flammable gas shall not be kept or stored upon the aircraft, except
at such place as may be designated by the airport manager.
(d)
No
flammable substance shall be used in cleaning motors or other parts
of an aircraft inside a hangar or other building. Flammable liquids
may be only used for the purpose stated outside of and clear of any
building.
(e)
No
person shall smoke or ignite a match or lighter near an aviation fuel
station or in any building, except in offices, waiting rooms, or buildings
where specially permitted by the airport manager.
(f)
Hangar
entrances shall be kept clear at all times.
(g)
The
floors in all buildings shall be kept clean and free from oil, and
no volatile flammable substance shall be used for cleaning the floors.
(h)
No
boxes, crates, cans, bottles, paper, or other litter shall be permitted
to accumulate in or about a hangar.
(Ordinance 537-06, sec. 9, adopted 10/23/06)
(a)
Instructors
in flying shall inform students and shall inform themselves of all
rules and regulations in effect at the airport.
(b)
Aircraft
shall not be permitted to remain on the landing or takeoff areas for
the purpose of instructing students.
(c)
In
the interest of safety, certain operations such as air shows, agricultural
chemical operations, skydiving, remote control aircraft operations,
etc., shall not be conducted on or in the immediate vicinity of the
runway without authorization from the airport manager.
(Ordinance 537-06, sec. 10, adopted 10/23/06)
By publication of this article as required by law, all persons
will be deemed to have knowledge of its contents. However, the airport
manager is directed to have copies printed and at all times available
in his office, and to furnish such copies to owners and operators
of aircraft using the airport.
(Ordinance 537-06, sec. 11, adopted 10/23/06)
If and where there is conflict in these and the federal air
traffic rules, the latter shall prevail.
(Ordinance 537-06, sec. 12, adopted 10/23/06)
