No person shall use the Wichita Falls Regional Airport for the purpose of carrying on any commercial activity other than airport-related activity. The carrying for hire of passengers, freight, express or mail; the instruction in aviation in any of its branches; the conduct of any phase of any aviation activity; the sale of fuel or refreshments; or any other commercial aviation-related purpose, must be by express written permission from the city council.
(2001 Code, sec. 18-26; Ordinance 54-2004, sec. 1, adopted 7/6/04)
(a) 
The city Traffic Engineering Division is authorized to create a “No Unattended Vehicles” zone for the purpose of prohibiting unattended vehicles in specific locations where it has been determined such is necessary to promote a legitimate governmental interest. These zones must be marked with signs stating “No Unattended Vehicles.” The Traffic Engineering Division shall arrange for the marking of all such zones.
(b) 
An unattended vehicle is defined as a motor vehicle that has no human occupants; and for which there are no persons responsible within ten feet of same.
(c) 
A person responsible for a motor vehicle commits an offense if he leaves the motor vehicle unattended in a zone designated by this section. It is a defense to prosecution that the person is assisting infirm and/or disabled passengers, so long as the responsible person does not leave the vehicle unattended for more than ten minutes.
(2001 Code, sec. 18-27; Ordinance 54-2004, sec. 1, adopted 7/6/04)
A person commits an offense if he leaves luggage, baggage, suitcases, cases, gear, or other belongings unattended at the Wichita Falls Regional Airport. An item shall be deemed unattended if the person responsible for the item is not within ten feet of the item. On-duty employees of the municipal airport or airlines are exempt from this restriction.
(2001 Code, sec. 18-28; Ordinance 54-2004, sec. 1, adopted 7/6/04)
(a) 
All persons conducting or soliciting commercial activities at the Wichita Falls Regional Airport or Kickapoo Downtown Airport (a “city airport”) to obtain or serve customers for motor vehicle rental services (“rental car providers”) shall pay the city an off-airport privilege fee of nine percent of all gross revenues related to said customers. Picking up motor vehicle rental customers (“customers”) at a city airport, dropping off customers at a city airport or providing customers with their vehicles at a city airport shall be considered conducting commercial activities at a city airport.
(b) 
All persons obtaining revenue from the rental of motor vehicles to customers arriving via a city airport shall pay the city the aforesaid off-airport privilege fee of nine percent of all gross revenues related to said customers. Revenue shall be considered obtained from customers that arrived via a city airport if said customers arrived within a 24-hour period immediately preceding the rental, even though the customer arrived at the rental car provider’s location on their own or the motor vehicle is dropped off by the customer elsewhere. Revenue payable pursuant to this subsection is not additive to revenue payable pursuant to subsection (a) of this section.
(c) 
For purposes of this section, the term “gross revenues” is defined as all fees and charges to customers for the rental of motor vehicles and all other activities and services performed in connection with its rental car business for passengers at Wichita Falls Regional Airport or Kickapoo Downtown Airport, including business conducted at the fixed base operator (FBO) or within a five-mile radius of the airport, including, but not limited to, reservations made through travel agencies and reservations made by telephone, on-line reservations, facsimile, telegraph and other means of communications, and including, but not limited to, all base, time, and mileage fees and charges from customers picked up at a city airport, plus all premiums and other fees and charges (regardless of how they may be denominated) for personal accident insurance coverage, personal effects insurance coverage, personal effects protection insurance coverage, liability insurance supplement, additional liability insurance coverage, and all other types and kinds of insurance coverages and policies (regardless of how they are denominated, regardless of the parties covered, and regardless of the risks insured against, plus all sums for insurance waivers, collision damage waivers, and loss damage waivers, whether cash or credit, and whether collected or uncollected, plus all sums or other fees and charges the rental car provider receives, or is entitled to receive, for refueling motor vehicles rented to customers) plus all sums or other fees and charges the rental car provider receives, or is entitled to receive, for the rental of any optional equipment such as cell phones, GPS devices, luggage or ski racks and infant seats, plus all sums or other fees and charges the rental car provider receives, or is entitled to receive, for additional drivers). Provided, however, that gross revenues shall not include:
(1) 
Federal, state or municipal sales tax separately stated and collected from customers by the rental car provider, whether now or hereinafter levied or imposed separately stated on the rental agreement and collected from customers of the rental car provider; or
(2) 
Any sums collected as customer facility charges (CFC).
(d) 
Gross revenues shall be deemed received at the time the lease or service transaction occurs, giving rise to the rental car provider’s right to collect said monies, regardless of whether said transaction was conducted in person, by telephone or by mail, whether the transaction was for cash or credit, and, if for credit, regardless of whether the rental car provider ultimately collects the monies owed for said transaction from the customer involved. Gross revenues are amounts which the rental car provider receives or is entitled to receive, either initially or by amendment, whichever is greater.
(e) 
On or before the 20th day of each month, the rental car provider shall provide to the city’s airport administrator:
(1) 
An accurate statement of the amount of gross revenue related to rental car customers received from commercial activities of the rental car provider at a city airport, including rental car customers who were picked up or dropped off at a city airport or whose vehicles were provided at a city airport;
(2) 
An accurate statement of the amount of gross revenue obtained from customers who arrived at a city airport other than the customers listed in subsection (e)(1) of this section; and
(3) 
The nine percent fee based on subsections (e)(1) and (2) of this section.
(f) 
If the aforementioned nine percent fee is not paid within the calendar month of the due date, then:
(1) 
The city’s airport administrator may prohibit representatives of the delinquent rental car provider from entering a city airport to the extent permitted by law; and
(2) 
The rental car provider shall pay a late charge equal to 1.5 percent per month of the unpaid balance, accruing from the due date until paid.
(g) 
This section shall not apply to revenue generated from the rental of vehicles by on-airport rental car providers who have obtained a concession from the city and paid a fee pursuant to said concession in an amount exceeding the nine percent fee described herein.
(h) 
The city manager is authorized to establish and implement procedures necessary for the collection of the fees provided by this section and execute all documents necessary for said collection.
(2001 Code, sec. 18-29; Ordinance 24-2010, sec. 1, adopted 4/20/10)
A disabled American Veteran with a specially designed license plate on his vehicle, issued by the state to the disabled veteran, shall be allowed to park for no charge at Wichita Falls Regional Airport.
Editor’s note – Ord. No. 05-2016, adopted Feb. 2, 2016, will become effective Mar. 3, 2016.
(Ordinance 05-2016, sec. 1, adopted 2/2/16)