The following words and phrases, whenever used in this chapter or in rules and regulations established by the airport manager and approved by the city council, shall be construed as defined in this section unless from the context it is apparent a different meaning is intended, or unless a different meaning is specifically defined and more particularly described:
"Acrobatic"
means maneuvers intentionally performed by an aircraft involving an abrupt change in its altitude, an abnormal attitude, and an abnormal acceleration.
"Airport"
means and has reference to all of the area comprising the Hawthorne Municipal Airport as now existing or as the same may hereafter be expanded and developed and shall include all of its facilities.
"Air traffic"
means aircraft in operation anywhere in the airspace and on that part of the airport normally used for the movement of aircraft.
"Commercial vehicle"
means a vehicle used or maintained for the transportation of persons or property for hire, compensation or profit.
"Doping"
means application of a preparation to strengthen and tighten aircraft fabric.
"Driveway"
or "roadway" means any street or strip improved or unimproved within the boundaries of the airport set aside or designated for use by vehicle and not for aircraft.
"Loading zone"
means that space adjacent to a curb reserved for the exclusive use of vehicles during the loading or unloading of passengers or materials.
"Load ramp"
means that space reserved for the loading and unloading of aircraft.
"Manager"
means the manager of the department of aviation.
"Motor vehicle"
is a vehicle which is self-propelled.
"Parking area"
means and includes any portion of the airport which is set aside for the parking of vehicles in an area that is restricted to vehicles only (and not aircraft) and which may be marked by traffic cones or delineators. "Aircraft parking area" means the area set aside for the parking of aircraft and not any vehicles.
"Passenger ramp"
means equipment used to aid in the loading and unloading of aircraft.
"Pedestrian"
means any person afoot.
"Traffic"
means pedestrians and vehicles, either singly or together while using any driveway.
"Vehicle"
means a device in, upon, or by which any person or property is or may be propelled, moved or drawn upon a highway.
(Prior code § 14-200; Ord. 1845 §§ 2, 3, 2006)
Any violation of any provision of Chapter 10.80 of the Hawthorne Municipal Code may be prosecuted as a misdemeanor, as an infraction or as a civil administrative action in the discretion of the city attorney or city prosecutor. The airport manager or his/her designee is authorized to issue an administrative citation for violation of Chapter 10.80 pursuant to Chapter 1.23A and Chapter 1.23B of the Hawthorne Municipal Code.
A. 
Airport Access Permit. No person, firm, corporation, nonprofit entity, or other business or agency operating on Hawthorne Municipal Airport under a valid agreement or lease with the city of Hawthorne or airport manager, may obtain vehicle access on Hawthorne Municipal Airport except in accordance with the following:
1. 
Each vehicle operated on Hawthorne Municipal airport shall possess a valid airport access permit issued by the airport manager.
2. 
An airport access permit shall be clearly displayed in the front window of any vehicle at all times it is within the secured perimeter of the airport, so as to be visible to airport staff and/or Hawthorne police department personnel.
3. 
Prior to obtaining an airport access permit, each vehicle to be operated on Hawthorne Municipal Airport shall have a current state of California Vehicle Registration, a copy of which shall be on file with the airport manager.
4. 
Prior to obtaining an airport access permit, each vehicle to be on Hawthorne Municipal Airport shall have current and valid insurance, a copy of which shall be on file with the airport manager.
B. 
Vehicle Operations. No person, firm, corporation, nonprofit entity, lessee or other business or agency operating on Hawthorne Municipal Airport under a valid lease or agreement with the city or the airport manager, may operate a motor vehicle on Hawthorne Municipal Airport except in accordance with the following:
1. 
Each person intending to operate a motor vehicle on Hawthorne Municipal Airport shall submit a signed agreement of compliance to the airport manager, verifying his/her understanding and agreement to comply with the Hawthorne Municipal Airport vehicle and driver operation rules and regulations.
2. 
Each person intending to operate a motor vehicle on the Hawthorne Municipal Airport shall review these Hawthorne Municipal Airport vehicles and driver operation rules and regulations.
3. 
Each person intending to operate a motor vehicle on Hawthorne Municipal Airport shall possess a valid state of California driver's license, a copy of which shall be on file with the airport manager.
4. 
Each person intending to operate a motor vehicle on Hawthorne Municipal Airport shall maintain the vehicle in good operating condition.
5. 
No person shall clean or make any repairs to a motor vehicle anywhere on the airport, except repairs authorized by the airport manager necessary for its removal.
6. 
No person shall operate any vehicle on the airport while it is constructed, equipped, or loaded so as to endanger persons or property.
7. 
Any person who operates a motor vehicle at any place on the airport shall notify the Hawthorne police department when such vehicle collides with and damages any aircraft, any other motor vehicle, or any property, or injures or causes a fatality as a result of that person's operation of a motor vehicle at the airport. In addition to notifying the Hawthorne police department, that person shall complete and file with the airport manager or his/her representative, before leaving the airport after such occurrence, a full written report containing the information required by the Hawthorne police department, the Federal Aviation Administration, and the National Transportation Safety Board. If the person operating the motor vehicle is unable to file the report due to injury, such person shall file such report within five days after becoming physically able to do so.
8. 
Each person intending to operate a motor vehicle on the Hawthorne Municipal Airport shall not operate the motor vehicle in excess of fifteen miles per hour within the airport boundaries.
9. 
No person shall permit any vehicle at the airport under his control to enter or be upon any aircraft taxiway or aircraft operation areas without the permission of the airport manager or his/her designee unless otherwise directed by the control tower.
10. 
No person while operating a vehicle on the field area at the airport shall fail to yield the right-of-way to any landing, taking-off, or taxiing aircraft, or operate such vehicle thirty feet in front of any aircraft whose engines are running.
11. 
No person shall back a gasoline tender unless he/she remains in the vehicle, and no person shall stand on the running board or fender of a gasoline tender that he/she is backing. No person shall position a gasoline tender so as to prevent its rapid removal.
12. 
Vehicles shall be operated within designated vehicle traffic areas only.
13. 
Vehicles shall not be operated upon the restricted service road, beginning at the windsock east of the control tower, easterly along the north airport boundary, then southerly along the east airport boundary to the south end of the Runway 25 blast fence without airport manager approval.
14. 
Vehicles shall not be operated across the Northrop/Grumman ramp, except within the designated service road.
15. 
Vehicles shall not be operated across the double yellow line into the run-up area east of the south side tee hangars, or adjacent to the south side of Runway 7 at intersection Golf.
C. 
Parking.
1. 
No person shall park a vehicle in a restricted or reserved area on the airport unless he displays, in a manner prescribed by the airport manager, a parking permit issued by the airport manager for that area, which permit is hereby authorized to be issued and such areas are hereby authorized to be restricted or reserved by the airport manager to aid in the efficient operation of the airport.
2. 
No person shall abandon a motor vehicle on the airport.
3. 
No person shall leave a motor vehicle standing unattended or parked on the airport with a key in the ignition switch, the motor running, a key in the door lock, or an open door.
4. 
No person shall park or stand a motor vehicle at any place on the airport in violation of any sign posted by the airport manager.
5. 
No person shall park or stand a motor vehicle within fifteen feet of a fire hydrant on the airport, or park in such a manner as to block any fire gate or entrance or obstruct any aircraft on the taxi way.
6. 
The airport manager or his designee may cause the removal of, at the owner's expense, any motor vehicle that is parked on the airport in violation of this section. Such vehicle shall be impounded, and the airport manager is hereby authorized to impound such vehicle, subject to a lien for the cost of such removal.
7. 
The storage or parking of recreational vehicles, trucks, trailers, or other non-motorized vehicles and/or equipment is prohibited.
8. 
No city employee shall use the municipal airport property, including but not limited to the public parking lot, for personal gain such as car repairs, car washes, private car storage or car detailing. No city contractor shall use the municipal airport property in any manner not authorized by the airport manager.
(Ord. 1845 § 5, 2006)
All individuals who have been granted access to the airport by the airport manager or his/her designee are responsible for the action/s of any and all their guests. The individual who has been granted access to the airport by issuance of an airport gate pass or verbal agreement with the airport manager of his/her designee is liable for any violation of the airport rules and regulation by any of their guests.
(Ord. 1845 § 6, 2006)
Any fixed based operator or any other business that has access to the airport runways and or taxiways through their business is responsible for properly securing such access to the runways and taxiways. The fixed based operator or business will be held liable for any violations committed by person(s) who gained access to the airport through said business.
(Ord. 1845 § 7, 2006)
The escorting of vehicles onto airport property shall be conducted on a very limited basis to allow access to the airport by those individuals who have been granted permission to do so by the airport manager. Escorting of vehicles will only be conducted by person(s) who have prior authorization to enter the airport (e.g., airport gate card) on file with the Hawthorne airport manager. The person conducting the escort is responsible for the actions of the person being escorted. No one who lets another vehicle/person onto airport property shall allow that person to drive upon any portion of the airport without being escorted. The person(s) conducting the escort shall be responsible for assuring the vehicle being escorted meets all the requirements for vehicles set forth by the airport rules and regulations. Violation of any of these conditions shall be deemed sufficient cause for the airport director or designee to deny or prohibit access to or use of the airport by the violator.
(Ord. 1845 § 8, 2006)
Any permission granted by the city or airport manager thereof directly or indirectly, expressly or by implication, to enter upon or use the airport or any part thereof (including aircraft operators, crew members and passengers, spectators, sightseers, pleasure and commercial vehicles, officers and employees of airlines, lessees and other persons occupying space at such airport, persons doing business with Hawthorne Municipal Airport, its lessees, sublessees and permittees, and all other persons whatsoever whether or not of the type indicated), is conditioned upon compliance with Hawthorne Municipal Airport rules and regulations, and entry upon or into the airport by any person shall be deemed to constitute an agreement by such person to comply with said rules and regulations.
(Prior code § 14-201)
The Vehicle Code of the state of California regulating traffic and vehicles upon the highways is hereby adopted for, and shall apply to the Hawthorne Municipal Airport as provided in Sections 21113(a), (b) and (c) of the State Vehicle Code with certain additional regulations as set forth in this chapter.
(Ord. 1845 § 9, 2006)
No person shall utilize the airport for revenue-producing commercial activities or any other purpose without first procuring a permit from the airport manager and paying the rates and charges established for such use. The city reserves the right of all aviation fuel and lubricant sales on the airport. The city further reserves the exclusive right of operating all vending and amusement machines on the airport.
(Prior code § 14-202)
No persons shall solicit funds for any purpose or business of any nature without (1) complying with the provisions of Chapter 5.56 and (2) obtaining the permission of the airport manager. This section does not apply to charitable solicitations governed by the provisions of Chapter 9.66.
(Prior code § 14-203; Ord. 1845 § 4, 2006)
A. 
When the airport manager determines that public safety is required, he/she may designate any area on the airport as a restricted area and post appropriate signs and notices indicating such area.
B. 
No person shall enter any restricted area so posted except those who may be authorized to do so by the airport manager.
(Ord. 1845 § 10, 2006)
The airport manager is hereby authorized to erect and install any signs or notices which he may deem necessary or advisable in connection with the operation and enforcement of the provisions of this chapter.
(Ord. 1845 § 11, 2006)
No person shall post, distribute or display signs, advertisements, circulars, printed or written matter at the airport without written permission of the airport manager.
(Prior code § 14-204)
No person shall take still, motion or sound pictures of or at the airport for commercial or private purposes without permission of the airport manager.
(Prior code § 14-205)
No person shall travel on any portion of the airport except upon the roads, walks or places provided for the particular class of traffic, nor occupy the roads or walks in such a manner as to hinder or obstruct their proper use.
(Prior code § 14-206)
Rubbish or trash shall not be thrown, deposited, or allowed to be scattered on the airport. Rubbish and trash shall be deposited in waste receptacles provided for that purpose.
(Ord. 1845 § 12, 2006)
Dogs and other animals are not permitted on the airport except if on a leash or confined in such a manner as to be under control.
(Prior code § 14-207)
Every user of the airport agrees to indemnify the city for any and all property of Hawthorne Municipal Airport destroyed, injured or damaged by accident or otherwise. The party or parties responsible for such destruction, injury or damage thereto shall immediately make a report to the airport manager and arrange for payment or rehabilitation of damaged property.
(Prior code § 14-208)
No pilot or other member of the crew of an aircraft in operation or any person attending or assisting in said operation shall be under the influence of intoxicating liquor or habit-forming drugs, nor shall any person obviously under the influence of intoxicating liquor or habit-forming drugs be permitted to board any aircraft except a medical patient under proper care, or in case of emergency.
(Prior code § 14-209)
No person shall take or use any aircraft, aircraft parts, instruments or tools pertaining thereto owned, controlled or operated by any other person while such aircraft, aircraft parts, instruments or tools are stored, housed or otherwise left on Hawthorne Municipal Airport or within its hangars without the written consent of the owner thereof, except upon satisfactory evidence of the right to do so duly presented to the airport manager.
(Prior code § 14-210)
No aircraft shall be repaired at the airport except in authorized areas designated for such use by the airport manager and/or lessee or areas under the control of lessee.
(Ord. 1845 § 13, 2006)
The airport manager shall establish fees, rates and charges for the use of airport and aviation facilities as part of the rules and regulations of said airport. Any aircraft owner or agent failing to pay any fee duly charged for aircraft owned or controlled by him shall have said aircraft subject to impounding until such fees are paid or said aircraft sold for charges.
(Prior code § 14-211)
The schedule of charges for the use of airport or aviation facilities at the Hawthorne Municipal Airport shall not apply to the following aircraft or activities:
A. 
Aircraft owned or leased by the federal government or its agencies. This is not meant to include aircraft being overhauled, modified or manufactured by a private concern for any branch of Department of Defense prior to delivery or being commissioned;
B. 
Official aircraft of any state or its agencies;
C. 
Official aircraft of any foreign government;
D. 
If the use by any of the above-mentioned is substantial, a reasonable share, proportional to such use, of the cost of operating and maintaining facilities so used, will be charged. The amount of use to be considered "substantial" and the charges to be made therefor shall be determined by the airport manager;
E. 
When fees, rates or charges are established by contract or lease.
(Prior code § 14-212)
All charges under this schedule shall be payable in cash as they are received unless credit arrangements satisfactory to the manager have been made in advance.
(Prior code § 14-213)
No person shall drink any intoxicating liquors upon any portion of the airport open to the public, except in such restaurant or other place as shall be properly designated and licensed for on-sale liquor dispensing. No person shall become intoxicated on any portion of the airport, nor shall any intoxicated person enter upon or loiter on or about the airport or any of its facilities.
(Prior code § 14-215)
No person shall conduct on or at the airport, activities that are injurious, detrimental or damaging to airport property or to activities and business of the airport. No person shall destroy, injure, deface or disturb in any way any building, sign, equipment, marker, or other structure, tree, shrub, lawn or seeded area on the airport. Garbage, papers and refuse or other waste material shall be placed in receptacles provided for that purpose and emptied at regular intervals by the lessee.
(Prior code § 14-216)
A. 
Smoking or lighting of open flames shall be prohibited in the following locations:
1. 
Places with posted signs;
2. 
On ramps or aprons;
3. 
Within fifty feet of hangars, fuel trucks or fuel loading stations.
B. 
No person shall start an open fire on the airport without permission of the airport manager.
C. 
No person shall stock or store any material or equipment in such a manner as to constitute a fire hazard.
D. 
Except for oil in sealed containers, no inflammable liquids or gases, including but not limited to, gasoline, solvent and thinner, shall be stored in any facility housing aircraft in quantities greater than one gallon. A separate building for such use may be required by the airport manager.
E. 
Except for oil in sealed containers or in drums equipped with hand operated dispensing pumps, no inflammable liquids or gases, as aforesaid, shall be stored in any maintenance hangar in quantities aggregating more than thirty-five gallons and such storage shall be in metal cabinets. Quantities in excess of thirty-five gallons shall be stored in a separate building or within a four hour fire-resistive room, especially constructed for such storage.
F. 
No person shall use volatile inflammable liquids or gases for cleaning purposes inside any hangar or building.
G. 
Oily waste rags and other similar inflammable material shall be stored in self-closing metal containers.
H. 
Hangar floors, gasoline pits and trucks shall be kept clean and free of excess gasoline, grease and other inflammable liquids, solids or gases.
I. 
Paint, varnish, paper, boxes and other litter or rubbish shall not be accumulated in any hangar or building.
J. 
Aircraft engines shall not be run, nor shall aircraft electrical or radio equipment be operated in any hangar.
K. 
Aircraft or aircraft engines shall not be cleaned or degreased unless such operations are done in a maintenance station properly equipped to handle such work, or in a space designated for such purpose by the airport manager.
(Ord. 1845 § 14, 2006)
No person except authorized peace officers, airport guards, post office, customs, express and air carrier employees or members of the armed forces of the United States on official duty, shall carry any firearms or explosives on the airport. All persons other than those in the excepted classes shall, while on the airport, surrender all such objects in their possession to an officer or guard on the airport.
(Prior code § 14-217)
No pedestrian shall be upon any landing area, taxiing way or movement area of the airport without first having obtained a signed permit from the airport manager, except persons engaged as mechanics.
(Ord. 1845 § 15, 2006)
Motor vehicles shall be operated on the airport in strict accordance with the motor vehicle laws of the state and the city, and in addition thereto, all motor vehicles shall comply with rules and regulations as established by the airport manager.
(Prior code § 14-218)
The privilege of using the airport and its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof, and by such use he thereby releases, holds harmless and indemnifies the city, its officers and employees, from any liability or loss resulting from such use.
(Prior code § 14-219)
All aircraft owners and operators shall be covered by appropriate public liability and property damage insurance at their own expense to assure payment of damage caused by owner's aircraft. The city, its agents or employees, shall not be liable for loss, damage or injury to persons or property arising out of any accident, incident or mishap of any nature whatsoever and/or from any cause whatsoever to any individual, aircraft or property occurring on the airport or in the use of any of the facilities of the airport.
(Prior code § 14-220)
A. 
No person or lessee shall park or cause to be parked any aircraft, helicopter or vehicle on any portion of the airport leased from the city of Hawthorne or controlled by the city in such a manner that it would obstruct the safe movement of aircraft or in a manner that would encroach into the runway or taxiway object-free areas.
B. 
At the direction of the airport manager, the operator, owner or pilot of any aircraft on the airport shall move the aircraft from the place where it is parked or stored to any other place designated on the airport. If the operator refuses to comply with the directions, the airport manager may tow the aircraft to such place at the operator's expense and without liability for damage that may result from such moving.
(Ord. 1845 § 16, 2006)
A. 
Pilots shall taxi their aircraft slowly on the taxi strips and display extreme caution at all times.
B. 
Pilots shall not taxi their aircraft at a higher engine speed than necessary for the movement of the aircraft.
C. 
Aircraft shall not be taxied into or out of a hangar.
(Ord. 1845 § 18, 2006)
No aircraft shall be operated on the surface of a landing area, ramp and apron area, or aircraft parking or storage area at a speed or in a manner which unreasonably endangers persons or property.
(Ord. 1845 § 19, 2006)
The operator and/or owner of aircraft shall be responsible for the prompt disposal of disabled aircraft and parts thereof unless required or directed to delay such action pending an investigation of the accident. In the event it becomes necessary for Hawthorne Municipal Airport to remove such disabled aircraft and parts thereof, such removal shall be at the operator's expense and without liability to the airport for damage which may result from or in the course of such moving.
(Prior code § 14-221)
The airport manager is designated as fuel inspector of the city with powers of supervising and inspecting and dispensing of aviation gasoline and fuel within the city. He shall establish his inspection program to insure against unsafe and dangerous utilization of aviation gasoline. There is imposed an inspection fee upon the dispenser of aviation gasoline and fuel within the city at the rate of twelve and five tenths cents per gallon of aviation gasoline and fuel effective January 1, 1980. The fee shall be adjusted upward or downward as of January 1st of each year (the adjustment date), beginning in the year 1981, according to the following computation: The base for computing the adjustment is the index figure for the month of January, 1980 (the index date), as shown in the Consumer Price Index for All Items— Los Angeles—Long Beach, based on the period 1967 = 100, as published by the U.S. Department of Labor's Bureau of Labor Statistics. The base figure for the index date is 140.6. The index for the adjustment date shall be computed as a percentage of the base figure. For example, assuming the base figure on the index date is 110, the index figure on the adjustment date is 121, the percentage to be applied is 121/100 = 1.10 percent. That percentage shall be applied to the dispenser's fee for aviation gasoline and fuel for the period beginning on the adjustment date. The index for the adjustment date shall be the one reported in the U.S. Department of Labor's most comprehensive official index then in use and most nearly answering the foregoing description of the index to be used. If it is calculated from a base different from the base period 1967 = 100 used for the base figure above, the base figure used for calculating the adjustment percentage shall first be converted under a formula supplied by the Bureau. If the described index shall no longer be published, another generally recognized as authoritative shall be substituted by agreement of the parties. No person shall dispense aviation gasoline and fuel without first procuring clearance from the airport manager or his designated agent. No clearance shall be granted until the required inspection fee is paid. Gasoline dispensed by the city and its employees or the city's concessionaires and their employees is exempted from the provisions of this section.
(Ord. 1200 § 2, 1980)
There is hereby created an airport special events coordinator to carry out the provisions of this chapter. The airport special events coordinator is the airport supervisor or his or her designee. In the event the airport supervisor is not available, the director of public works/city engineer or his or her designee will process and issue the permit and, in his or her absence, the chief of police will process and issue the permit.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
The airport special events coordinator shall have the power to:
A. 
Administer and apply this chapter;
B. 
Represent the city, under the authority of the city manager, in discussions and in establishing agreements with the person(s) who represent the event;
C. 
Coordinate with the Hawthorne police department and other governmental agencies (e.g., Alcohol, Beverage and Control Board, FAA, L.A. County Fire Department, etc.), as necessary for the provision of governmental services for such special events at the Hawthorne airport;
D. 
Establish the terms and conditions, insurance requirements, security requirements, crowd control safeguards, appropriate fees, and the time(s), place and manner of the event consistent with this chapter, any implementing regulations/guidelines, and other provisions of this code applicable to the special event at the Hawthorne airport defined as including, but not limited to, the airport terminal building, runways and all structures within the geographical bounds of the Hawthorne Municipal Airport;
E. 
Establish whether security measures will require the attendance of Hawthorne police officers or a privately licensed security firm pre-approved by the Hawthorne police department.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
Except as otherwise provided by this chapter or other applicable law, rule or regulation or any permit or license issued hereunder or pursuant to the terms of a permit, lease, or contract which has been specifically authorized by the city council, a Hawthorne airport special event permit shall be required to be obtained from the Hawthorne airport special events coordinator for the following activities:
A. 
An assembly consisting of persons which assemble in the Hawthorne airport which may impede, obstruct, impair or interfere with the use of the Hawthorne airport or appurtenant airport access area owned, controlled, or maintained by the city or any Hawthorne airport area where the city retains a reversionary interest;
B. 
Any public activity or event involving fifty or more persons in the Hawthorne airport terminal;
C. 
Any filming activity as defined in Chapter 5.96 of the Hawthorne Municipal Code.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
A. 
To receive a Hawthorne airport special events permit, a person must complete and file a special events application with the Hawthorne airport special events coordinator, or a designated representative, on a form approved by the city. The applicant must provide the following information:
1. 
A description of the proposed use, event, or activity;
2. 
The part of the airport which will be utilized in connection with the proposed use, event, or activity;
3. 
The manner in which the airport property will be utilized;
4. 
The date or dates and the specific times thereof, including set-up and tear-down, that the Hawthorne airport is to be utilized for the described use, event, or activity;
5. 
The name, address and telephone number of the person, entity or organization sponsoring or conducting the proposed event;
6. 
The name, address and telephone number of the person or persons to be contacted regarding the application or permit;
7. 
A written security plan designed to prevent patrons of the special events from accessing the airport runway zone or the airport terminal building having access to the runway.
B. 
The Hawthorne airport special events coordinator will refer the application to the city public works and police departments or agency personnel as he/she deems necessary from the nature of the application for review and approval.
C. 
An event application must be submitted a minimum of fifteen business days prior to the event and reviewed in accordance with the time limits established in administrative regulations. The application shall be submitted with a flat fee of ten thousand dollars for the first day plus three thousand five hundred dollars per each additional day. These fees are for event days only setup and tear down do not have a daily fee. Vendors participating in the airport special events are exempt from the business licensing obligations imposed under Title 5 of this code with respect to their activities at the special event.
D. 
In case of filming activity only, as defined in Chapter 5.96 of the Hawthorne Municipal Code then application must be submitted a minimum of three business days prior to the filming date. The application shall be submitted with a flat fee of five thousand dollars for the first day and two thousand five hundred dollars for each additional film day. The fees are for film days only setup and tear down do not have a daily fee. For film days beyond ten hours additional fees may apply and will be determined by the special events coordinator.
E. 
The flat fees for filming and events include city airport escort and Hawthorne police hourly time. If the event coordinator requires additional security a privately licensed security firm pre-approved by the Hawthorne police department will be required at the cost of the applicant for the event of film. The minimum submission timeline of fifteen business days for events and three business days for films is an absolute must and may not be reduced due to shortage in staffing and impossibility to process the request.
F. 
An airport special event may include a food truck gathering as defined in Section 9.39.155. In that event, no special permit shall be required under Section 9.39.155 as long as the food truck gathering is part of the airport event as described in the permit application.
G. 
Fees set forth in this section shall be refunded, less a five hundred dollar application fee, if a permit is not issued.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
Subject also to Section 10.80.246, the Hawthorne airport special events coordinator shall issue a permit, if it is determined that all of the following criteria have been met:
A. 
The proposed use of the property is not governed by or subject to any other permit procedures provided elsewhere in this code or other applicable laws, rules, or regulations;
B. 
The preparation for or the conduct of the proposed use, event or activity will not unreasonably or unfeasibly burden Hawthorne airport resources necessary to preserve the security of Hawthorne airport or the public's use of Hawthorne airport;
C. 
The preparation for or the conduct of the proposed use, event or activity will not unduly impede, obstruct, or interfere with the operation of Hawthorne airport operations or adversely affect the security of the airport;
D. 
The proposed use, event, or activity does not otherwise present a substantial or unwarranted safety, noise, or traffic hazard at the airport;
E. 
The proposed event will be of a nature and size appropriate to the proposed venue, location, or site, will occur during a time period approved for that venue, location, or site, and will fall within the frequency limitations established by administrative guidelines adopted pursuant to this chapter;
F. 
The proposed event will not include live animals;
G. 
The proposed event will not cause other adverse impacts on health or safety to surrounding residential or commercial uses, which cannot be effectively mitigated.
In deciding whether to approve an application, no consideration may be given to the message of the event, the content of speech, the identity or associational relationships of the applicant, or to any assumptions or predictions as to the amount of hostility which may be aroused in the public by the content of speech or message conveyed by the event.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
The Hawthorne airport special events coordinator shall deny an application for a special events permit or revoke a permit if he/she finds any of the following:
A. 
One or more of the approval criteria specified in Section 10.80.245 is not met;
B. 
The applicant has knowingly made a false, misleading or fraudulent statement of fact to the city in the application process;
C. 
The application does not contain the information required by this chapter;
D. 
The application does not satisfy the requirements of this chapter or the administrative regulations adopted thereto;
E. 
The applicant fails to comply with any conditions of approval including, but not limited to:
1. 
Remittance of fees, charges or deposits,
2. 
Submittal of an indemnification agreement and/or proof of insurance to the extent required,
3. 
Timely receipt of all required approvals;
F. 
The applicant fails to agree as a condition of permit issuance that if Hawthorne airport property is destroyed or damaged by reason of permittee's use, event or activity and the damage or destruction is directly attributable to the permittee, the permittee shall reimburse the city for the actual replacement or repair cost of the destroyed or damaged property;
G. 
Any illegal activity or more than twenty-five people attend event that exceeds the estimate stated in the application;
H. 
Any activity occurs that was not specifically stated in the application.
I. 
The application does not contain required information concerning the security measures that will be undertaken to ensure the health, safety and welfare of event patrons, residents, workers and other visitors, to protect airport property, to prevent event patrons from accessing the airport runway zone, to deter the occurrence of illegal activity from occurring at airport community events and to protect the community event permit holders.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
Except as otherwise provided by this code or any other applicable law, rule or regulation, or by the terms of a permit, license, lease or contract which has been specifically authorized by the city council, the permit application fees and other additional fees and charges, including neighborhood notification fees, for the use of the Hawthorne airport, city streets or other city-owned or controlled property pursuant to this chapter shall be established by the city council by resolution or ordinance and shall be paid at the time of submission of application.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
Any applicant aggrieved by an adverse decision under Sections 10.80.240 through 10.80.254 may appeal such decision of the Hawthorne airport special events coordinator by filing a written notice of such appeal with the city manager within five business days of the decision. The city manager shall decide the appeal within one working day. The city manager's decision shall be final except for judicial review.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
Each permittee shall execute a hold harmless and duty to defend agreement in the following form:
INDEMNIFICATION AND DUTY TO DEFEND
1. 
To the fullest extent permitted by law, Applicant shall indemnify, defend (at Applicant's sole cost and expense and with legal counsel approved by City, which approval shall not be unreasonably withheld), protect and hold harmless City of Hawthorne and all of such parties' representatives, partners, attorneys, designees, officers, directors, shareholders, employees, consultants, agents, successors and assigns, and any lender of City with an interest in the Contract (collectively, the "Indemnified parties"), from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorneys' fees, disbursements and court costs, and all other professional, expert or consultants' fees and costs and Applicant's and/or Owner's general and administrative expenses) of every kind and nature whatsoever (individually, a "Claim"; collectively, "Claims") which may arise from or in any manner relate (directly or indirectly) to any activity performed or services provided under this Agreement arising from Applicant's presence or activities conducted in furtherance of the agreement (including, without limitation, the negligent and/or willful acts, errors and/or omissions of applicant, its principals, officers, agents, employees, vendors, suppliers, consultants, sub-consultants, subcontractors, volunteers, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them) regardless of any active or passive negligence or strict liability of an Indemnified Party. Applicant understands and acknowledges that the indemnification obligation hereunder is intended to constitute a "Type I" indemnity under California law and extends to and includes Claims arising from the active or passive negligence of Indemnified Parties. Notwithstanding the foregoing, nothing herein shall be construed to require Applicant to indemnify the Indemnified Parties from any Claim arising from the sole negligence or willful misconduct of the Indemnified Parties.
2. 
APPLICANT'S DUTY TO DEFEND CITY: The duty to defend hereunder is wholly independent of and separate from the duty to indemnify and such duty to defend exists regardless of any ultimate liability of applicant. Such defense obligation shall arise immediately upon presentation of a Claim by any party and written notice of such Claim being provided to applicant. Payment to applicant by any Indemnified Party or the payment or advance of defense costs by any Indemnified Party shall not be a condition precedent to enforcing such indemnified Party's rights to indemnification hereunder. Applicant's indemnification obligation hereunder shall survive the expiration or earlier termination of this Agreement until such time as action against the Indemnified Parties for such matter indemnified hereunder is fully and finally barred by the applicable statute of limitations or statute of repose. Applicant's liability for indemnification hereunder is in addition to any liability contractor may have for a breach by Subcontractor of any of the provisions of this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit applicant's indemnification obligation or other liability hereunder. The terms of this Agreement are contractual and the result of negotiation between the parties hereto. Accordingly, any rule of construction of contracts (including, without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting party shall not be employed in the interpretation of this Agreement.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
Except as otherwise prohibited by law or an exemption is obtained as provided by this chapter and the implementing regulations, the permittee shall procure and maintain in full force and effect during the term of the permit a policy of insurance from a reliable insurance company authorized to do business in the state, which policy includes the city, its boards, officers, agents, employees, and volunteers as named insureds or additional named insureds and which provides the coverage that the city attorney determines to be necessary and adequate under the circumstances. Proof of insurance shall be submitted to the city prior to issuance of the permit and maintenance of this insurance shall be a condition of the permit.
A. 
Applicant shall maintain in-force: Commercial general liability insurance, all operations, including completed operations, contractual and broad form comprehensive endorsement with combined single limit of five million dollars each occurrence for bodily and/or personal injury, including death and property damage. This policy is to also include an excess liability endorsement with combined single limit of five million dollars each occurrence for bodily and/or personal injury including death and property damage.
B. 
Applicant shall maintain in-force workers' compensation and employer's liability insurance as required by the California Labor Code. Evidence of coverage shall take the form of a certificate of insurance or a California certificate to self-insure. Acceptable minimum limits for this coverage are: workers' compensation; statutory in California; employer's liability: one million dollars.
C. 
Certificates of Insurance. Applicant shall furnish to city evidence of any insurance required by this agreement. A certificate of insurance from an insurer admitted to do business in the state of California will be provided, indicating that the respective policy(ies) meets the following requirements: (1) the city, its officers, employees, and agents shall be named as additional insured on the general liability insurance; (2) insurance shall not be canceled or terminated without thirty days written notice to city; (3) general liability shall be primary and any insurance held by city for its own protection shall be excess and shall be effective only upon exhaustion of contractor's insurance; (4) insurance shall be maintained for the duration of the agreement, including any period extended beyond the expiration date of this agreement required to complete performance as stipulated in this agreement and all amendments thereto.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
A. 
The airport special events coordinator shall submit the final invoices and billings to the permittee no later than ten working days after the expiration date of the permit.
B. 
Permittee shall be required to reimburse the city for its actual cost of providing Hawthorne police officers, and/or any other city personnel as deemed necessary by the airport special events coordinator (depending on the nature of the event and the number of people expected) to protect against intrusion into the airport airfields or the airport terminal building areas which have access to the runway, ensure compliance with driving regulations on service roads and take all other safety and security measures to ensure the health, safety and welfare of workers and other airport users, to protect airport property, to deter the occurrence of illegal activity from occurring at airport special events.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
The city manager, or designee, shall adopt administrative regulations that are consistent with and that further the terms and requirements set forth within this chapter. All such administrative regulations must be in writing.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
A. 
Smoking shall be prohibited at all airport special events held pursuant to Section 10.80.240 et seq. "Smoking" or "to smoke" shall mean the possession of a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including a lighted pipe, cigar, hookah pipe, or cigarette of any kind; and the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant, including a pipe, cigar, hookah pipe, or cigarette of any kind. Tobacco product and tobacco paraphernalia are defined in Section 8.48.010.
B. 
Posting of Signs. The permittee, at the city's request shall cause the installation of "No Smoking" signs at the location of the airport special event, with letters of no less than one inch in height and including the international "No Smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar. Such signs shall be clearly and conspicuously posted and maintained at all main entrances to the airport special event and additional signs shall be posted in a quantity and manner reasonably likely to inform individuals attending the airport special event.
(Ord. 1971 § 9, 2010)
Except as otherwise set forth in this chapter, the issuance of a permit under this chapter does not relieve any person from the obligation to obtain any other permit or license that may be required pursuant to this code.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)
Any person who intentionally violates any of the provisions of this chapter shall be guilty of a misdemeanor or shall be subject to the administrative remedies contained in Chapters 1.23A and/or 1.23B of the Hawthorne Municipal Code.
(Ord. 1881 § 1, 2007; Ord. 2196 § 1, 2020)