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)