This chapter shall be known as "Regulation of Aircraft Fueling
Operations at Sacramento International Airport."
(SCC 1261 § 2, 2003)
This County owns and maintains Sacramento International Airport
as a commercial airport in the Sacramento Metropolitan Area for air
transportation purposes, including scheduled passenger airline operations
and airline cargo operations.
In order to promote usage of the Airport, and to protect the
public health, safety and welfare, it is necessary to regulate aircraft
fueling operations at the Airport.
It is the policy of the County that the cost of operating, maintaining
and developing the Airport shall be paid solely from airport system
revenues, without the use of ad valorem taxes or other County general
fund revenues or pledges, so as not to place any burden on taxpayers
or residents of the County. In furtherance of this policy, and in
accordance with the authority conferred upon the County by the laws
of the State of California, it is appropriate that fuel flowage fees
and administrative fees be established and periodically adjusted,
in order to provide revenues for the operation of said Airport and
as a reasonable means of securing compensation for the privilege of
conducting self-fueling or facility restricted fueling operations.
No person shall have authority to conduct any fueling operations
on the Airport, except under the authority of a permit authorizing
commercial fueling, self-fueling or facility-restricted fueling operations.
(SCC 0882 § 2, 1992; SCC
1261 § 3, 2003)
As used in this chapter, the terms identified by Sections 11.38.010 through 11.38.040 shall be ascribed the meanings indicated.
(SCC 0882 § 2, 1992)
means the transport and delivery of aviation fuel to aircraft
on the Airport, including any activity which directly or indirectly
relates to the transport and delivery of aviation fuel to aircraft
on the Airport. The categories of aircraft fueling are:
(SCC 0689 § 1, 1987; SCC
0882 § 2, 1992)
means the Sacramento International Airport.
(SCC 689 § 1, 1987; SCC
0882 § 2, 1992; SCC 1261 § 4,
2003)
means any fuel intended for use in an aircraft including,
but not limited to, aviation gas, jet fuel and motor vehicle grade
fuels.
(SCC 0882 § 2, 1992)
means the retailing or delivery of aviation fuel on the Airport
by a person to aircraft owned or operated by others.
(SCC 0882 § 2, 1992)
means the fueling of limited numbers of aircraft which are
based or stored at a facility on the Airport which is leased or operated
by the person engaged in the fueling activity.
(SCC 0882 § 2, 1992)
means a permit issued by the Director and required in order to conduct a category of aircraft fueling operations defined in Section 11.38.010. The term "commercial fueling permit" means that permit required in order to conduct commercial fueling operations on the Airport. The term "facility restricted fueling permit" means that permit required in order to conduct facility restricted fueling operations on the Airport. The term "self-fueling permit" means that permit required in order to conduct self-fueling operations on the Airport.
(SCC 689 § 1, 1987; SCC
0882 § 2, 1992; SCC 1261 § 5,
2003)
shall mean a sole proprietorship, partnership, corporation,
unincorporated association, cooperative, joint venture or other individual
or entity carrying on an enterprise for which a permit must first
be procured, and shall include any officer, employee, agent or other
representative by or through whom the enterprise is operated or conducted.
shall not include a public agency or any officer, employee
or agent thereof while acting in the capacity of such.
(SCC 0882 § 2, 1992)
means the fueling of an aircraft on the Airport by a person
who owns or operates such aircraft, by means of the person's own vehicles
and personnel.
(SCC 689 § 1, 1987; SCC
0882 § 2, 1992)
Except as otherwise provided, the Director is charged with the
responsibility for administering the provisions of this chapter, and
shall be authorized from time to time to promulgate and enforce such
rules or regulations consistent with the purposes, intent, and expressed
terms of this chapter, as he or she deems necessary to implement such
purposes, intent and express terms.
Such rules and regulations may include, but are not limited
to, the following:
a.
Minimum
operating standards for the conduct of commercial fueling operations
on the Airport;
b.
Minimum
operating standards for the conduct of self-fueling or facility-restricted
fueling operations on the Airport;
c.
Regulations
regarding the mechanical condition of vehicles used in aircraft fueling
operations on the Airport;
d.
Regulations
regarding the training of personnel engaged in aircraft fueling operations
on the Airport; and
e.
All
of the regulations necessary and appropriate to ensure that aircraft
fueling operations are conducted in a manner that ensures the health,
safety and welfare of the users of the Airport and the general public.
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No rules and regulations promulgated by the Director, or amendments
thereof, shall be enforced or become effective until 30 calendar days
following the date on which the proposed rules or regulations are
filed with the Clerk of the Board of Supervisors.
|
(SCC 0882 § 2, 1992; SCC
1261 § 6, 2003)
Whenever reference in this chapter is made to the Board of Supervisors
or any department, office, division, officer, or official, the reference
shall be deemed to be, respectively, the Board of Supervisors or a
department, office, division, officer or official of the County.
Whenever in this chapter an authority or power is vested in,
or a duty is imposed upon, an officer or official, the County employees
subordinate to the officer or official to whom an appropriate delegation
has been made shall be entitled to exercise the power or authority
and perform the duty.
(SCC 0882 § 2, 1992)
Any notice or other writing authorized or required by this chapter
shall be deemed served and effective for all purposes on the date
when it is reduced to writing and is either personally delivered to
the party to whom it is directed or it is deposited in the United
States mail, postage prepaid, and addressed to the party to whom it
is directed. When under the provisions of this chapter any notice
or other writing is authorized or required to be filed, it shall not
be deemed to have been filed until it is received in the office of
the official with whom filing is required.
(SCC 0882 § 2, 1992)
Violation of any of the provisions of this chapter shall, pursuant to the provisions of Section 1.01.190 contained in Title 1 of this Code, constitute a misdemeanor.
(SCC 0882 § 2, 1992)
Every person violating the provisions of this chapter, or any
regulations adopted by the Director pursuant to this chapter, is guilty
of a separate and further violation for each day or any portion thereof
a violation continues.
(SCC 0882 § 2, 1992)
Any action or proceeding commenced or continued by the Director
against a person for violations of this chapter, or any regulations
or rules adopted by the Director pursuant to this chapter, shall be
deemed actions or proceedings to enforce the police or regulatory
power of the County.
(SCC 0882 § 2, 1992)
In addition to the penalties set forth in Sections 11.38.115 and 11.38.120, any violation of the provisions of this chapter, or any violation of the regulations adopted by the Director pursuant to this chapter, may be remedied by injunction or other civil proceedings commenced in the name of the County by the County Counsel pursuant to the direction of the Director.
(SCC 0882 § 2, 1992)
It shall be unlawful for any person who is not the holder of
a valid, unexpired and unrevoked commercial fueling permit, issued
pursuant to this chapter, to engage in commercial fueling operations
on the Airport.
(SCC 0882 § 2, 1992; SCC
1261 § 7, 2003)
It shall be unlawful for any person who is not the holder of
a valid, unexpired, and unrevoked facility restricted fueling permit,
issued pursuant to this chapter, to engage in facility restricted
fueling operations on the Airport.
(SCC 0882 § 2, 1992)
It shall be unlawful for any person who is not the holder of
a valid, unexpired, and unrevoked self-fueling permit, issued pursuant
to this chapter, to engage in self-fueling operations on the Airport.
(SCC 0882 § 2, 1992)
a.
Fueling permits shall limit the fueling activities authorized by such permit to the activities specified for a particular category of fueling activity as such category is defined in Section 11.38.010.
b.
It
shall be unlawful for any person to conduct fueling activities on
the Airport in a category of aircraft fueling operations which is
not authorized under the permit issued to that person.
(SCC 0882 § 2, 1992)
All holders of aircraft fueling permits shall pay such fees,
as may be established by resolution of the Board of Supervisors, as
such resolution may be amended from time to time. Such fees may include,
but are not limited to, fuel flowage fees and administrative fees.
(SCC 0882 § 2, 1992)
No aircraft fueling permit shall be transferable or assignable
from one person to another.
Each such permit shall terminate and be deemed to have no further
force or effect upon a change of control from one person to another
of the ownership of the business, function, operation of the person
to whom the permit has been issued.
(SCC 0882 § 2, 1992)
The holder of an aircraft fueling permit shall, as a condition
thereof, assume the defense of, indemnify, and hold harmless the County
of Sacramento, and, in their capacities as such, its officers, employees
and agents from and against any and all actions, claims, losses, damages,
liability, cost, and expenses of every type and description, including
but not limited to attorneys fees, to which some or all of them may
be subjected by reason of, or resulting from, directly or indirectly,
in whole or in part, the acts or omissions of such permit holder,
or such permit holder's agents, officers, or employees, directly or
indirectly, arising from the performance of activities and operations
permitted by a permit issued pursuant to this chapter.
(SCC 0882 § 2, 1992)
a.
The
holder of an aircraft fueling permit shall at all times during the
term thereof maintain in full force and effect, at no cost to the
County of Sacramento, comprehensive general liability insurance in
the minimum amounts of Five Million and no one-hundredths dollars
($5,000,000.00) combined single limit. Such insurance coverage shall
include bodily injury, property damage, personal injury, use of independent
contractors (including fuel delivery contractors), cross liability,
and products/completed operations liability. Each such policy of insurance
shall be issued by an admitted insurer or insurance as defined by
the California Insurance Code. Each such policy shall be endorsed
to expressly name the County of Sacramento, and in their capacities
as such, its officers, employees and agents as insureds thereunder,
covering all losses and damages specified in this section. Each such
endorsement shall expressly stipulate that such policies shall operate
as primary insurance, and that no other insurance and/or self-insurance
maintained by the County of Sacramento, or any of its officers, employees,
or agents, will be called on to contribute to a loss covered thereunder,
and shall expressly provide that such insurance shall not be cancelled,
limited, or non-renewed during the term of such permit until after
30 days advance written notice has been given to the Director. The
holder of a permit shall at all times during the term thereof, at
no cost to the County of Sacramento, maintain in full force and effect
workers compensation insurance in accordance with the laws of the
State of California, covering all the employees of such primary holder
used for or in connection with the aircraft fueling operations on
the Airport.
(SCC 0882 § 2, 1992)
The application for an aircraft fueling permit shall be on such
a form, and shall include such information, as is prescribed and required
by the Director.
(SCC 0882 § 2, 1992)
a.
The
Director is authorized on behalf and in the name of the County of
Sacramento, to issue, reissue, suspend, revoke or terminate permits
for nonexclusive aircraft fueling operations on the Airport subject
to the following limitations:
1.
The
permittee shall pay the rates and charges established by the Board
of Supervisors for such aircraft fueling privileges;
2.
The
term of the permit shall be month-to-month;
3.
The
permit shall be subject to: i) immediate suspension and/or revocation
where the permittee is in violation of the terms and conditions of
the permit and poses an immediate threat to the public health, safety
and welfare in the conduct of fueling operations, and ii) suspension
and/or revocation upon 10 days prior written notice for a violation
of any of the terms and conditions of the permit.
b.
The Director shall, in writing, state the reasons for any denial, suspension, or revocation of a fueling permit. Written notice of the denial, suspension, or revocation, together with a copy of the provisions of this chapter, shall be served upon the applicant, or permittee, pursuant to the provisions of Section 11.38.110.
c.
The
form of all permits issued by the Director shall have been approved
by the County Counsel.
(SCC 0882 § 2, 1992)
Any person may appeal the denial, suspension, or revocation of any aircraft fueling permit to the Board of Supervisors. Any such appeal shall be in writing, and shall be filed with the Director not later than 15 days after the date of service by the Director of the notice prescribed in Section 11.38.190(b). If the appeal is not filed within such time or manner, the right to a review of the action against which complaint is made shall be deemed to have been waived.
The appellant must file with that appeal a written answer under
oath or affirmation which admits or denies specifically each allegation
and each supporting fact contained in the Director's letter notifying
appellant of the reasons for the denial, suspension or revocation.
A general denial is not sufficient to controvert a specific allegation.
If the appellant is without knowledge, he or she shall so state and
that statement shall operate as a denial. The answer shall also state
any additional facts and information that the appellant desires to
have considered in explanation or mitigation of allegations in the
Director's notification letter. The failure to specifically deny or
explain or deny knowledge of any allegation or supporting fact shall
be deemed an admission that the allegation or fact is true.
(SCC 0882 § 2, 1992)
The adoption of the provisions of this chapter, and the adoption
of rules and regulations by the Director, are not intended to, and
shall not be construed to, grant any property right or expectation
to any person whomsoever.
Pursuant to its reservation of plenary authority to regulate the use of the Airport, the Board of Supervisors of the County reserves the right to modify any requirements for aircraft fueling operations on the Airport and to terminate any aircraft fueling permits, upon the issuance of 30 days prior notice. Such termination shall not be subject to appeal pursuant to Section 11.38.210.
(SCC 0882 § 2, 1992)
