The following definitions shall apply to terms used in this
article:
Airport.
All property belonging to the Smithville Municipal Airport,
including areas not used for aeronautical purposes.
Airport manager.
The manager of the Smithville Municipal Airport as appointed
by the city manager subject to the approval by the city council.
Person.
Any individual, firm, co-partnership, corporation, company
or association and includes any trustee, receiver, or similar representative
thereof.
Public aircraft facilities.
The following facilities shall be considered public aircraft
facilities:
(1)
Public taxiways for the purpose of ground movement of aircraft.
(2)
Public runways for the purpose of landing or taking off of aircraft.
(3)
Public aircraft parking space for the purpose of parking and
storing aircraft, loading and unloading passengers, baggage, freight,
mail and other cargo upon and from aircraft, performing operations
incidental to the immediate arrival and departure of aircraft and
servicing the aircraft with fuel, and for parking mobile equipment
actively used in connection with the foregoing.
(4)
The area in the vicinity of the terminal building known as the
ramp or apron area (any future additions thereto and improvements
thereto) which said space is provided for the purpose of loading and
unloading passengers, baggage, freight, mail or other cargo to and
from aircraft, for the purpose of performing operations incidental
to the immediate preparation of aircraft for departure such as servicing
with fuel and inspection, and for the purpose of parking mobile equipment
actively used in connection with the foregoing.
(5)
Any other space provided by the city council for public use
by aircraft operators at the airport.
(1987 Code, ch. 1, sec. 20A; 2001
Code, sec. 1.701; Ordinance 2017-532 adopted 7/17/17)
All persons on any part of the property comprising the airport
shall be governed by the regulations prescribed herein and instructions
of the manager relative to the use of any part of the property comprising
the airport. These regulations are subject to amendment.
(1987 Code, ch. 1, sec. 20B; 2001
Code, sec. 1.702; Ordinance 2017-532 adopted 7/17/17)
The airport manager or city council may remove or evict from
the airport premises any person who knowingly or willfully violates
any rule or regulation prescribed herein, or any rule or regulation
of the Federal Aviation Administration (FAA) or the state, and may
deny the use of the airport and its facilities to any such person
if it is determined that such denial is in the public interest.
(1987 Code, ch. 1, sec. 20C; 2001
Code, sec. 1.703; Ordinance 2017-532 adopted 7/17/17)
All lost articles shall be turned into the airport manager’s
office by the finders. Any such articles not claimed in sixty (60)
days will be disposed of as determined by the manager.
(1987 Code, ch. 1, sec. 20D; 2001
Code, sec. 1.704; Ordinance 2017-532 adopted 7/17/17)
The city assumes no responsibility for loss, injury or damage
to persons or property by reason of fire, theft, vandalism, wind,
flood, earthquake or collision, nor does it assume any liability for
injury to persons or property while in the airport.
(1987 Code, ch. 1, sec. 20E; 2001
Code, sec. 1.705; Ordinance 2017-532 adopted 7/17/17)
All persons involved in any accident reportable to Federal Aviation
Administration (FAA) or National Transportation Safety Board (NTSB)
occurring on the premises of the Smithville Municipal Airport shall
make a report to the airport manager or the city police department
as soon as possible, giving all pertinent information requested by
the person in charge.
(1987 Code, ch. 1, sec. 20F; 2001
Code, sec. 1.706; Ordinance 2017-532 adopted 7/17/17)
(a) Licensing and registration.
No person shall operate
a motorized vehicle of any kind on the airport without a valid state
operator’s license.
(b) Rules of operation.
(1) No person shall operate a motor vehicle of any kind on the airport
in a reckless or negligent manner, or in excess of the speed limits
prescribed by the city council. Speed limits shall not exceed ten
(10) miles per hour on the ramp, apron, in aircraft parking and hangar
areas.
(2) Pedestrians and aircraft shall at all times have the right-of-way
over vehicular traffic. All vehicles shall pass to the rear of taxiing
aircraft.
(3) No person under the influence of alcohol or illegal substance shall
operate a motor vehicle or aircraft on the airport.
(4) No person shall operate a motor scooter, truck or other motor vehicle
without exhausts protected by screens or baffles to prevent sparks
or flames in any hangar on the airport.
(5) When parking adjacent to the runway, all vehicles must park parallel
to the runway and at least one hundred (100) feet outside the runway
lights.
(6) All vehicles operating on the airport between the hours of sunset
and sunrise shall have fully operating headlights and taillights visible
at least five hundred (500) feet.
(7) Emergency conditions existing on the airport will not negate any
existing regulations.
(c) Emergency equipment.
In the event of an emergency on
the airport, only the fire department employees who hold a valid drivers
license are authorized to drive the city fire equipment to the scene
of the emergency.
(d) Repair of motor vehicles.
No person shall clean or make
any repairs to motor vehicles anywhere on the airport except those
minor repairs necessary to remove such motor vehicle from the airport;
nor shall any person move, interfere or tamper with any motor vehicle,
or start the engine, or take or use any motor vehicle part, instrument
and/or tool without the permission of the owner or satisfactory evidence
of the right to do so duly presented the airport manager.
(e) Parking.
(1) No person shall park a motor vehicle in a manner as to obstruct roadways,
fire lanes or taxiways; nor in aircraft parking areas, except temporarily
for the purpose of loading or off-loading of persons or cargo.
(2) The airport manager shall have the authority to tow or otherwise
move aircraft or motor vehicles, which are parked, on the airport
in violation of the regulations of the airport, at the operator’s
expense and without liability for damage, which may result in the
course of such moving.
(f) Ground transportation.
No carriers for hire shall load
or unload passengers at the airport at any place other than those
designated by the airport manager.
(1987 Code, ch. 1, sec. 20G; 2001
Code, sec. 1.707; Ordinance 2017-532 adopted 7/17/17)
(a) Aeronautical activities.
All aeronautical activities
at this airport shall be conducted in conformity with the current
regulations of the FAA and other orders issued by the airport manager.
(b) Fixed base registration.
The owners of all aircraft
based on the airport will register their aircraft with the airport
manager’s office (or his/her designee) prior to beginning operations.
Any change in the ownership will require a change in the registration.
(c) Payment.
Payment for the use of the airport facilities,
storage, and other charges levied by the city or the fixed base operator,
or airport manager shall be made before departing the airport or upon
receipt of billing by the city or the fixed base operator or airport
manager.
(d) Closing field.
In the event the airport manager believes
conditions of the airport or any part of the airport to be unsafe
for landing or take-offs, it shall be within his authority to close
the entire airport or any part thereof. A NOTAM signed by the person
ordering such closing shall be filed with the FAA Flight Service Station.
The same procedure will be followed when the field, or portion thereof
is again usable.
(e) Disabled aircraft.
(1) All disabled aircraft and parts thereof on the airport shall be removed,
within 180 days, from public view by the owner of the aircraft.
(2) If any person refuses to move an aircraft as directed by the airport
manager, said aircraft may be towed away by the airport manager at
the owner’s or operator’s expense and without liability
for damage which may result in the course of or after such moving.
The same shall apply to removal of a wrecked or damaged aircraft and
its parts.
(f) Repair of aircraft.
No person shall repair an aircraft,
aircraft engine, propeller or apparatus in any area of the airport
other than those specifically designated for such purpose by the airport
manager, except that minor adjustments may be made while the aircraft
is on a loading ramp prior to take-off, and when such adjustment is
necessary to prevent a delayed departure.
(g) Warming-up.
Aircraft at the municipal airport shall
not perform warm-up or engine test operations in any area where same
would result in a hazard to other aircraft, persons, or property and
in no case closer to the municipal hangar building than three hundred
(300) feet.
(h) Parking aircraft.
No person shall park aircraft in any
area on the airport other than that prescribed by the airport manager,
or park overnight on the ramp or on the fueling ramp. Overnight parking
will be permitted on the ramp by transients only when no tie down
spaces are available.
(i) Lighting facility damage.
Any person damaging any light
or fixture by means of contact with aircraft or vehicle shall report
such damage to the airport manager’s office immediately and
shall be fully responsible for any costs required to repair or replace
the damaged facility.
(j) Categories of aircraft.
(1) Private.
(A) Privately owned aircraft will be operated noncommercially by owner
or owners. The aircraft can be used in connection with the owner’s
business.
(B) Company and corporation owned aircraft that are operated for the
transportation of their own and the personnel of theirs [sic] and/or
products are classified as executive aircraft.
(C) Flying club aircraft must be owned and operated by a nonprofit partnership
or nonprofit corporation, and each club member must be a bona fide
owner of a part of the aircraft or a share in the corporation. The
club may not derive greater revenue from the use of its aircraft than
the amount necessary for the operation, maintenance, and replacement
of its aircraft and will file and keep up-to-date with the airport
manager a list of membership. Any time the airport manager has reason
to believe a club aircraft is being so operated that it falls under
the commercial classification hereunder, he shall notify the club
manager and shall reclassify the aircraft and levy fees necessary
to their pertinent type of operation.
(2) Commercial.
Aircraft used:
(A) To carry passengers for hire.
(B) For rental, hire or charter.
(C) Student instruction and its kindred operations (for profit).
(D) Any aircraft used for commercial purposes and not otherwise covered
in these regulations.
(3) Certified air carriers.
(A) Contract: All federally certified air carriers holding a contract
with the city for airport usage.
(B) Noncontract: All federally certified air carriers not covered in subsection
(A) above.
(4) Ultralights and powered parachutes.
Ultralight aircraft
and powered parachutes shall be operated in accordance with this section.
In addition, all operations of ultralight aircraft and powered parachutes
shall be operated in such a manner to avoid noise interference with
farm and ranch operations in the local area.
(5) Unmanned aerial vehicle (UAV).
Unmanned aerial vehicle
(UAV) shall include radio/remote controlled (RC) aircraft and/or drones.
Drones and RC aircraft may only be flown on the grounds of the airport
with prior permission from the airport manager or his/her designee.
(k) Taxiing rules.
(1) No aircraft shall be operated in a careless or reckless manner or
taxied except at a safe and reasonable speed.
(2) Aircraft shall be taxied in accordance with prescribed taxiing patterns.
(3) No person shall start or run any engine in the aircraft in such a
manner as to cause damage to other aircraft or property or in such
manner as to blow paper, debris, or other material across the taxiway,
runway or into any hangar in such a manner as to endanger the safety
of operations on the airport.
(4) No person shall start or run the engine in an aircraft unless a competent
person is attending the engine controls. Blocks shall always be placed
in front of the wheels before starting any engine unless the aircraft
is provided with adequate brakes.
(5) No person who is under the influence of alcohol or any other drugs
shall start or run an engine in any aircraft.
(l) Landing and take-offs.
(1) Procedures to be used when landing and taking off.
(A) Landing aircraft shall maintain traffic pattern altitude until turning
onto base leg prior commencing a final approach.
(B) Aircraft shall depart traffic in accordance with prescribed procedures.
(2) Unless otherwise indicated, aircraft will enter the traffic pattern
at the altitude and direction described in current Federal Aviation
Advisory Circulars or Airman’s Information Manual (AIM).
(3) No aircraft will fly directly over the airport at an altitude of
less than 1,115 feet MSL, unless landing or taking off, or during
training maneuver(s), or during an emergency, or unless otherwise
advised by an operating advisory/control tower.
(4) In all cases, take-offs and landings over populated areas will be
kept to a minimum in the interest of public safety, convenience and
noise abatement.
(5) Rotorcraft will not operate within one hundred fifty (150) feet of
any area where light aircraft are parked or operating.
(6) The above procedures will apply in every case except when advised
otherwise by an operating advisory.
(7) It is recognized that emergencies or other abnormal conditions may
require deviation from the above procedures.
(1987 Code, ch. 1, sec. 20H; 2001
Code, sec. 1.708; Ordinance 2017-532 adopted 7/17/17)
(a) Cleaning of aircraft.
No person shall use flammable,
volatile liquids having a flash point of less than 110° F for
any purpose, unless such operations are conducted in open air or in
a room specifically set aside and approved for the purpose; which
room must be properly fireproofed and equipped with adequate and readily
accessible fire extinguishing apparatus.
(b) Storage.
(1) No person shall keep or store any flammable liquids, gases, signal
flares or similar material in the hangars or in any building on the
airport; provided, that such materials may be kept in an aircraft
in the proper receptacles installed in the aircraft for such purpose
or in rooms or areas specifically approved for such storage by the
manager, or in underwriters approved safety cans.
(2) No person shall keep or store lubricating or waste oils in or about
the hangars unless such materials are stored or kept in approved rooms
and/or containers.
(3) Lessees shall provide suitable metal receptacles with self-closing
covers for the storage of waste, rags, or other rubbish which shall
be removed by the lessee daily or in regular schedule pick-ups but
not less than once each week.
(c) Fueling and defueling aircraft.
(1) No aircraft shall be fueled or defueled while the engine in the aircraft
is running or being warmed by applications of exterior heat or while
such aircraft is in a hangar or enclosed space.
(2) No person shall smoke or have an open flame within one hundred (100)
feet of an aircraft being fueled or defueled.
(3) No person shall operate any radio transmitter or receiver or switch
electrical appliances off or on in an aircraft during fueling or defueling.
(4) Adequate fire extinguishers shall be within ready reach of all persons
engaged in fueling or defueling aircraft.
(5) No person shall start the engine of any aircraft when there is any
gasoline on the ground under such aircraft.
(6) Fueling hoses and equipment shall be maintained in a safe and sound
non-leaking condition and shall be as approved by the National Fire
Protection Association (NFPA) Code.
(7) All hoses, funnels, and apparatus used in fueling or defueling operations
shall be equipped with a grounding device to prevent ignition of volatile
liquid.
(8) No aircraft shall be fueled or defueled while passengers are on board
the aircraft unless a passenger loading ramp is in place at the cabin
door of the aircraft, the aircraft door is open and a cabin attendant
present at or near the cabin door.
(9) Persons engaged in the fueling and draining of aircraft shall exercise
care to prevent overflow of fuel. Persons responsible will take proper
measures to clean up volatile liquids, which are spilled.
(d) Storage in apron area.
Gasoline, oil and solvent drums
or receptacles shall not be stored on the apron and ramp areas in
excess of the amount actually needed as current stock. Any material
of this type that is kept will be enclosed in a manner that meets
the approval of the airport manager.
(e) Liquid disposal.
No fuel, oil, doping compound, paint,
solvent or acid shall be disposed of or dumped in drains, on the ramp
areas, catch basins, ditches, or elsewhere on the airport.
(1987 Code, ch. 1, sec. 20I; 2001
Code, sec. 1.709; Ordinance 2017-532 adopted 7/17/17)
(a) Sanitation.
No person shall dispose of garbage, papers,
refuse or other materials on the airport except in the receptacles
provided for that purpose; nor use a comfort station other than in
a clean and sanitary manner.
(b) Preservation of property.
No person shall destroy, injure,
deface or disturb any building, sign, equipment, marker or other structure,
trees, flowers, lawn or other property, nor alter, make additions
to, or erect any buildings or signs or make any excavations; nor willfully
abandon any personal property.
(c) Interfering or tampering with aircraft.
No person shall
interfere or tamper with any aircraft, start the engine of any aircraft,
or use any aircraft, aircraft part, instrument, or tool without the
permission of the owner or by specific direction of the airport manager.
(d) Use of roads and walks.
(1) No person shall travel on the airport other than on the roads, walks,
or places provided for the particular kind of traffic.
(2) No person shall occupy the roads or walks in such a manner as to
hinder or obstruct their proper use.
(e) Loitering and refusal to comply.
No person shall loiter
or loaf on any part of the airport or in any building on the airport;
nor shall any person come upon or use the airport, except while traveling
through as a passenger on an interstate bus or taxi cab or while enplaning
or deplaning as a passenger on an aircraft operating on the airport
after such person has been denied the use of the airport by the airport
manager. Any person who shall refuse to comply with these rules and
regulations after request by the airport manager or other authorized
representative shall be requested to leave the airport, and in the
event of failure to comply with such request shall be regarded as
a trespasser.
(f) Use of shop areas.
All shops, garages, equipment and
facilities are for the conduct of the owner’s or lessee’s
business and operations. No persons other than employees of the owner
or lessee shall make use of these facilities or loiter on such premises
without permission of the owner or lessee. This section applies to
all premises.
(g) Conduct of business or commercial activity.
(1) No person shall engage in any business or commercial activity on
the airport without the approval of the airport manager.
(2) The soliciting of fares, alms, or funds for any purpose on the airport
without the permission of the airport manager is prohibited.
(h) Open flame operations.
No person shall conduct any open
flame operations on the airport unless specifically authorized by
the airport manager.
(i) Smoking.
No person shall smoke on the airport apron,
in any hangar or shop, gasoline storage area, building, room or place
where smoking is specifically prohibited or within one hundred (100)
feet of any fueling or defueling operation.
(j) Trash containers.
No person shall keep uncovered trash
containers. No vehicle used for hauling trash, dirt or any other material
shall be operated on the airport unless such vehicle is constructed
as to prevent the contents thereof from dropping, sifting, leaking,
or otherwise escaping. Areas to be used for trash or garbage containers
shall be designated by the airport manager, and no other areas shall
be used. Such areas shall be kept clean and sanitary at all times.
(k) Floor care.
All lessees on the airport shall keep the
floors of the hangar areas, terminal apron, and ramp areas leased
by them or used in their operations clean and clear of oil, grease,
or other materials or stains except as may be provided in any specific
leases or contracts.
(l) Storage of equipment.
No tenant shall store or stack
materials or equipment in such a manner as to constitute a hazard
to persons or property.
(m) Equipment and miscellaneous in apron areas.
All ramp
equipment shall be parked and kept in a neat and orderly manner. No
receptacles, chests, cases or housing that do not fit in with the
general architectural and cleanliness standards of the rest of the
installation shall remain on the apron or ramp area. Final approval
of these items rests with the airport manager.
(n) Maintenance.
All tenants shall maintain their leased
property in a condition of repair, cleanliness, and general maintenance
in a manner agreeable to the airport manager, in accordance with their
individual lease agreements and free from all fire hazards.
(o) Fire equipment.
All tenants or lessees shall supply
and maintain adequate and readily accessible fire extinguishers approved
by fire underwriters for the particular hazard involved.
(p) Structural and decorating changes.
No tenants, lessees,
or grantees will be permitted to effect structural or decorative changes
or additions of any type without the prior permission of the airport
manager and the approval and supervision of the city.
(q) Damages.
Tenants, lessees, and grantees shall be fully
responsible for all damages to buildings, equipment, real property
and appurtenances owned or controlled by the city caused by negligence,
abuse, or carelessness on the part of themselves, their employees,
agents, customers, visitors, suppliers, or persons with whom they
may do business.
(r) Payment of charges.
(1) All billings are payable upon presentation unless otherwise noted
thereon.
(2) All percentages or income charges are payable within thirty (30)
days of the end of the accounting period unless otherwise stipulated
in writing.
(s) Default of obligations.
When any tenant, user, or grantee
is notified that he is in default on any obligation whether it be
for breach of performance or service covenants or nonpayment of fees,
he shall thereafter be billed for all losses of revenue, expenses
incurred to reestablish performance or service and other costs unless
he files with the airport manager within ten (10) days of receipt
of the notification a statement that corrective or preventative measures
have been initiated and will diligently be completed. If the promises
contained in the statement are not fulfilled, the tenant, user, or
grantee will be considered in absolute default, and appropriate steps
will be taken by the city.
(t) Use of other law enforcement agencies.
In situations
that are beyond the capability of the airport manager to control,
outside law enforcement agencies (e.g., Smithville Police Department,
Bastrop County Sheriff’s Office, or Texas Department of Public
Safety) will be called for assistance).
(1987 Code, ch. 1, sec. 20J; 2001
Code, sec. 1.710; Ordinance 2017-532 adopted 7/17/17)
(a) Private and commercial aircraft.
Rates for public parking
tie-down areas will be set by the city council and reviewed periodically
at its discretion. The terms and fees for such operations will be
agreed upon and a certificate, showing the operations authorized,
will be obtained by persons or firms desiring to enter into commercial
activities.
(b) Placement of aircraft.
The airport manager reserves
the right to designate specific parking areas for use by aircraft.
(c) Landing fees; private aircraft.
Landing fees, which
may be established for private or business aircraft at the municipal
airport, will be waived in the event that such aircraft purchases
fuel or services at the airport.
(d) Commercial activities.
(1) No aircraft owner or aviation organization shall engage in any commercial
activities at the municipal airport unless prior permission is obtained
from the airport manager and only on the terms fixed by the city.
(2) No person or firm shall engage in flight instructions at the municipal
airport unless he has registered his current flight instruction certificate
with the airport manager or his/her designee.
(1987 Code, ch. 1, sec. 20K; 2001
Code, sec. 1.711; Ordinance 2017-532 adopted 7/17/17)
The city council reserves the right to revise these rules and
regulations, make changes or waive said rules without prior notice
to the general public.
(1987 Code, ch. 1, sec. 20L; 2001
Code, sec. 1.712; Ordinance 2017-532 adopted 7/17/17)