The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
"Aircraft"
means a device that is used or intended to be used for flight in the air.
"Airport"
means any municipal airport.
"Airport manager"
means the official designated by the municipal manager to manage and direct activities at the airport, or his designee.
"Aviation operator"
means any person engaged in a business related to aviation on an airport under a contract or lease with the municipality.
"Field area"
means that area at an airport designated for use by aircraft only, and includes the approachways, runways, taxiways and aircraft parking areas, whether or not posted or fenced.
"Fuel tender"
means a motor vehicle used for the transportation, handling or dispensing of gasoline, kerosene, oil or other fuel or lubricant.
"Motor vehicle"
means any self-propelled vehicle other than aircraft.
"Municipal manager"
means the municipal manager for public utilities.
(AO No. 78-177; AO No. 82-49; AO No. 82-203; AO No. 85-8; AO No. 86-204)
A. 
All aeronautical activities within the airport traffic area and on the ground of an airport shall be conducted in conformity with all applicable state and federal statutes and regulations, this chapter, and such orders as may be issued by the airport manager or chief air traffic controller.
B. 
This chapter shall apply only to municipal airports.
(AO No. 78-177)
A. 
The airport manager shall exercise the powers and duties granted by this chapter only at the municipal airports.
B. 
The airport manager may close a municipal airport or any part thereof if conditions are deemed to be unsafe for airport activity.
C. 
The airport manager shall manage the municipal airports so that all activity thereon is conducted in a safe and reasonable manner.
D. 
No person may intentionally fail or refuse to obey a lawful order of the airport manager.
(AO No. 78-177; AO No. 2022-40(S), § 7, 3-22-2022)
A person aggrieved by an order of the airport manager may, within 15 days of the decision complained of, file a written appeal with the municipal manager. Upon timely application the municipal manager or his designee shall hold a hearing pursuant to chapter 3.60 to determine whether the airport manager abused his discretion.
(AO No. 78-177; AO No. 82-49; AO No. 85-8)
A person who is involved in an incident at an airport which results in the injury or death of a person or in property damage shall immediately notify the airport manager or the police department. The notification shall include the name and address of the persons involved, the type and extent of the injury or damage, the location where the injury or damage occurred, and the date and time when the injury or damage occurred.
(AO No. 78-177)
Any person who damages any airport property shall be strictly liable for all costs incurred by the airport in repairing or replacing the damaged property without regard to fault or negligence of any person. If the person who damages airport property is not identified, lessees shall remain liable for all costs incurred by the airport in repairing or replacing airport property damaged on lessees' leased premises without regard to fault or negligence.
(AO No. 78-177; AO No. 2019-60, § 1, 6-18-2019)
A. 
No person may enter a restricted area posted as being closed to the public except as permitted by this section.
B. 
No person may enter upon the field area except:
1. 
Persons assigned to official duty thereon.
2. 
Authorized representatives of the airport or Federal Aviation Administration.
3. 
Persons authorized by the airport manager.
4. 
Persons entering the area for the purpose of embarkation and debarkation.
C. 
Tampering with, adjusting or in any way interfering with the normal operation of a access gate is prohibited.
(AO No. 78-177; AO No. 90-121)
A. 
The airport manager shall designate and regulate tiedown and mobile aircraft shelter spaces, and all aircraft other than transient aircraft shall be parked in those spaces in accordance with this chapter and the posted regulations of the airport manager.
B. 
Tiedown spaces shall be available for rent pursuant to a revocable permit issued by the airport manager on a quarterly basis at the rates prescribed in section 11.60.200.
C. 
Aircraft and mobile aircraft shelter spaces may be available for use pursuant to a revocable permit issued by the airport manager on a quarterly basis at the rates prescribed in section 11.60.200.
D. 
No person may use a tiedown space for any purpose other than noncommercial storage and parking of aircraft.
E. 
An aircraft parked at the airport shall be secured in the manner prescribed by applicable aircraft flight manuals and FAA advisory circulars when wind conditions are forecast by the National Weather Service to exceed 15 knots.
F. 
The airport manager may remove any unauthorized aircraft parked in a tiedown space pursuant to section 11.60.090.
(AO No. 78-177; AO No. 82-203; AO No. 95-143, § 1, 6-20-1995)
A. 
The airport manager may remove and store in a place of safety or immobilize at the owner's risk and expense any aircraft found parked:
1. 
In violation of a provision of this chapter; or
2. 
In such a manner as to create a significant danger to the safety of persons or property.
B. 
Impounded aircraft shall be released only upon payment of an impoundment fee, daily storage fee and other charges associated with the impoundment as set forth in section 11.60.200.
C. 
An impounded aircraft that remains unredeemed after 180 days shall be considered to be abandoned property subject to disposition by the airport manager in the manner provided in chapter 7.25, except that the proceeds of any sale shall be deposited in the airport operating fund.
(AO No. 78-177; AO No. 82-203)
A. 
The airport manager shall designate and regulate parking areas for transient aircraft, and all transient aircraft shall be parked in those areas.
B. 
A daily charge as set forth in section 11.60.200 for transient parking privileges shall be paid immediately upon arrival of the aircraft.
C. 
Transient parking privileges are limited to 15 consecutive days. Extensions may be granted by the airport manager as the demand for transient parking allows.
(AO No. 78-177; AO No. 82-203)
The owner of a disabled aircraft or any part thereof which restricts or hinders airport operations shall remove it from the airport immediately or at the conclusion of an accident investigation, should one be conducted. The airport manager may perform on behalf of an owner who fails to act in a timely manner by impounding the aircraft or aircraft parts at the expense of the owner.
(AO No. 78-177; AO No. 82-203)
A. 
All aircraft operating on an airport shall bear a current airworthiness certificate issued by the Federal Aviation Administration except federal and state owned or operated aircraft.
B. 
No aircraft weighing in excess of 12,500 pounds may be admitted to Merrill Field except that:
1. 
The airport manager may approve the admittance of any aircraft so that the aircraft may be repaired.
2. 
The air traffic controller may approve the admittance of any aircraft if he determines that there is a bona fide emergency aboard the aircraft.
3. 
Any medevac aircraft is admissible.
C. 
Notwithstanding subsections A and B of this section, the airport manager may approve admittance of any aircraft to an airport for the sole purpose of participating in an air show.
(AO No. 78-177; AO No. 82-203; AO No. 90-121)
A. 
No person may start an aircraft engine by prop pulling unless a competent operator is in the aircraft attending the engine controls, or the aircraft is properly secured at each wing or tiedown loop.
B. 
No person may warm up an aircraft or test an aircraft engine in a manner dangerous to other aircraft, persons or property. No person may test an aircraft engine for a prolonged period of time unless a competent operator is attending the engine controls, or the aircraft has been securely tied down at both wings and tail and barricades have been erected around the propeller area.
(AO No. 78-177)
A. 
Aircraft shall be operated and taxied in a safe and prudent manner and at a safe and reasonable speed.
B. 
Aircraft shall be taxied in accordance with the taxiing patterns established by the air traffic controller.
C. 
No aircraft may be taxied into or out of a hanger.
(AO No. 78-177)
Every helicopter operator shall provide his own helicopter pad in accordance with Federal Aviation Administration requirements and subject to the approval of the airport manager.
(AO No. 78-177)
A. 
The use of class I flammable liquids as defined in title 23 is prohibited.
B. 
Class II flammable liquids as defined in title 23 with flashpoints above 110 degrees Fahrenheit may be used only in the open air or in fire resistive rooms equipped with adequate power ventilation, fire extinguishers and spark-proof and vapor-proof type switches on all electrical apparatus, equipment and appliances.
(AO No. 78-177)
A. 
Flammable or combustible materials may be stored only in approved containers or tanks outside of or in hangars or other buildings which have proper fire resistive separation or fire protection as required by title 23.
B. 
Flammable or combustible materials used for aircraft repair and maintenance may be stored on the premises described in subsection A of this section in such amounts as are allowed under table 10-A of the Uniform Building Code as it is incorporated in title 23, so long as such premises are not work areas, meet fire resistive enclosure requirements as set forth in title 23, and are posted with warnings as required by title 23.
(AO No. 78-177; AO No. 94-90, § 1, 5-24-1994)
A. 
No person may conduct any open-flame activity on any part of an airport unless extinguishers are provided as required by title 23. No painting, doping or use of flammable liquids, gases or any other hazardous materials may occur at the same time and place as open-flame activity.
B. 
Doping processes shall be conducted only in a properly designed, fireproofed and ventilated room or hangar in which all illumination, wiring, heating, ventilation equipment, switches, outlets and fixtures shall be explosion-proof, spark-proof and vapor-proof, and in which all windows and doors open easily. Spark-proof shoes shall be worn at all times by all persons engaged in doping. Smoking is prohibited in an area where doping is in progress.
(AO No. 78-177)
A. 
Above-ground storage tanks. Above-ground fueling systems shall be in compliance with state-approved uniform fire codes and municipal amendments to the Uniform Fire Code as set out in chapter 23.45. The above-ground tanks shall have a minimum two-hour fire protection rating, have secondary containment capable of holding at least 110 percent of the primary tank's volume, have a primary tank with a UL 142 certification, have overfill protection, and have a minimum of seven gallons overspill containment.
B. 
Underground storage tanks. Underground storage tanks shall be in compliance with federal regulations contained in 40 CFR 280 and 281, state regulations contained in 18 AAC 78, and municipal amendments to the Uniform Fire Code as set out in chapter 23.45.
C. 
Commercial fuel tenders or trucks. Commercial fuel tenders or trucks providing commercial service for aircraft shall comply with Uniform Fire Code part IV (Special Occupancy Uses), article 24 (Airports, Heliports, and Helistops), and FAA advisory circular 150/5230-4 (Aircraft fuel storage, handling, and dispensing on airports).
D. 
Noncommercial fuel tenders or trucks. All noncommercial fuel tenders or trucks shall comply with Uniform Fire Code part IV, article 24, and FAA advisory circular 150/5230-4, and the following restrictions:
1. 
Each fuel tender shall be equipped with a minimum of two 20:BC portable fire extinguishers easily accessible from either side of the vehicle.
2. 
No aircraft may be fueled or defueled while the engine is running, while the engine is being warmed by applications of exterior heat, or while such aircraft is in a hangar or other enclosed space.
3. 
No person may smoke within 50 feet of an aircraft being fueled or defueled.
4. 
No person may operate any electrical appliance in an aircraft during fueling or defueling.
5. 
No person engaged in the fueling or defueling of aircraft shall negligently permit the fuel to overflow.
6. 
No person may use any material or equipment during fueling or defueling of aircraft which is likely to cause a spark or to be a source of ignition.
7. 
No person may start the engine of an aircraft when there is any gasoline on the ground under the aircraft.
8. 
Fuel transfer nozzles shall not be held in the open position by any device other than by direct hand pressure of the operator. Fueling hoses and equipment shall be maintained in a safe, sound and nonleaking condition. The pump, hose and dispensing nozzle shall be approved and designed for flammable liquids.
9. 
All fueling and defueling of aircraft shall be conducted at least 50 feet from any hangar or other building.
10. 
During fueling operations, the fuel tender or truck shall be electrically bonded to the aircraft being serviced with a substantial heavy duty metallic cable.
11. 
No fuel tender including any fuel storage tanks or containers of any type may be stored or parked other than temporarily on any airport tiedown apron except as approved by the fire marshal and the airport manager.
12. 
The use of plastic containers for fueling aircraft is prohibited on an airport.
13. 
Noncommercial fuel dispensing systems shall not be operated on an airport until the system has been inspected by the airport manager or his designee and a no-fee permit for fuel dispensing has been obtained from the airport manager.
(AO No. 78-177; AO No. 79-58; AO No. 90-121; AO No. 91-169; AO No. 94-90, § 2, 5-24-1994)
A. 
The assembly shall establish all mandatory charges and fees imposed by the municipality at the airports. The airport manager may provide additional facilities or additional individual services for which a fee has not been established to a person requesting those facilities or services at a fee mutually agreed upon. Individual services may include but are not limited to, fair market value rental of residential/commercial airport buildings and use permitted areas, customer list mailing labels, tiedown rope, determination of aircraft ownership on microfiche, electrical service and commercial photography. Additionally, the airport manager may require security deposits for use of municipal airport equipment, including but not limited to gate openers, metal detectors and tiedown ropes.
B. 
Unless otherwise provided in this chapter, all fees and charges shall be paid at the office of the airport manager in advance of service and at such intervals as the airport manager may deem appropriate.
C. 
The following fees and charges shall be payable to the municipality at the office of the airport manager:
1. 
Fee for distribution of aviation fuel. Every distributor of aviation fuel shall pay the municipality a fee of $0.10 for every gallon of aviation fuel that it delivers to a person at an airport. The distributor shall pay the fee monthly and attach a legible certified monthly summary indicating the quantity of fuel delivered to each person during the past month. Deliveries to agencies of the United States Government for the agency's use shall be exempt from this fee. Fuel transiting an airport as cargo is exempt from this fee.
2. 
Access fees. A person in possession of land which is used in whole or in part for aviation activities shall pay a monthly fee for direct access from that land to a runway or taxiway at a municipal airport. The fee shall be calculated at the rate of the current tail-end tiedown fee set forth in this section for each aircraft stored on such land, and shall be paid quarterly.
3. 
Daily transient aircraft parking. The fee for daily transient aircraft parking is as follows:
a. 
Daily parking rate: $10.00.
4. 
Tiedown space fees. Tiedown space fees are as follows:
a. 
Tail-in space: $80.00 per month.
b. 
Pull-through space: $90.00 per month.
5. 
Impoundment. Impoundment fees are as follows:
a. 
Basic fee: $75.00.
b. 
Twenty-four-hour storage fee: $10.00.
6. 
Motor vehicle parking. Motor vehicle parking fees are as follows:
a. 
Daily parking rate: $10.00.
b. 
Long-term parking:
20-foot space: $80.00 per month.
40-foot space: $90.00 per month.
7. 
Fuel tender or fuel truck fee. A person using a fuel tender or fuel truck to provide "into" aircraft service on an airport shall pay an annual fee as follows:
a. 
Noncommercial fuel tender: No fee.
b. 
Commercial fuel tender: $500.00 per year.
D. 
A fee or charge required by this chapter shall be delinquent if it remains unpaid ten days after it is due.
(AO No. 78-177; AO No. 82-203; AO No. 90-121; AO No. 91-169; AO No. 94-90, § 3, 5-24-1994; AO No. 95-143, § 2, 6-20-1995; AO No. 2003-152S, § 7, 1-1-2004; AO No. 2005-71, § 1, 6-14-2005; AO No. 2006-143, § 1, 10-31-2006; AO No. 2011-111, § 1, 11-22-2011, eff. 1-1-2012; AO No. 2019-60, § 2, 6-18-2019; AO No. 2025-118, § 1, 1-1-2026)
A. 
An airport shall pay a municipal enterprise service assessment (MESA) for governmental services provided by the municipality, other than those services received by the airport on the airport premises from the municipality on a contract or interfund basis.
B. 
The MESA for an airport shall be calculated in accordance with section 26.10.025C, except:
1. 
All leasehold improvements shall be excluded from the airport's adjusted plant in service; and
2. 
Net contributed plant acquired with Federal Aviation Administration (FAA) funds shall be excluded from the MESA computation.
C. 
For purposes of this section, and notwithstanding anything in section 26.10.025C to the contrary, the following terms are defined as follows:
"Adjusted plant in service"
shall mean the final, year-end, audited net classified non-contributed plant in service value, less exclusions specified in subsection B of this section, for the calendar year preceding the mill rate year; for example, in the year 2005, the MESA payment will be based on the 2004 mill rate multiplied by the December 31, 2003 adjusted plant in service.
"Calculation"
shall mean that the airport's MESA equals the value of the airport's adjusted plant in service multiplied by the annual mill rate (MESA = [adjusted plant in service value × mill rate]).
"Mill rate"
shall mean the aggregate of general property tax mill rates levied against taxable property in the airport's taxing district in the calendar year preceding the MESA payment including all areawide general property tax mill rates and general property tax mill rates levied in service areas within which the airport is located.
"Net"
shall mean plant values which are net of accumulated depreciation and amortization.
"Non-contributed"
shall mean that portion of a capital improvement funded directly with airport funds.
D. 
The airport shall budget annually for the MESA as an operating expense. It is the policy of the municipality that the MESA be considered a part of the airport rate base as it represents a contribution to local government services comparable to that contributed by municipal utilities and private property owners.
E. 
The payment of MESA shall be made on the first business day of July of each calendar year.
(AO No. 2004-154, § 1, 1-18-2005; AO No. 2014-57(S), § 2, 5-20-2014)
A. 
All motor vehicles on an airport shall be operated in accordance with this chapter, posted orders of the airport manager and all other provisions of this Code.
B. 
No person may operate a motor vehicle on a taxiway, runway or clear zone without first having obtained the approval of the airport manager.
C. 
No person may operate a motor vehicle in excess of 15 miles per hour on ramps, aprons and aircraft parking and hangar areas, or in excess of 25 miles per hour elsewhere on the airport.
D. 
No person may operate a motor vehicle on an airport contrary to the directions of posted signs, the airport manager, the traffic control tower or the police department.
E. 
No person may drive a motor vehicle onto or across a runway, taxiway or servicing apron unless directed to do so by the airport manager.
F. 
No motor vehicle without a radio capable of communication with air traffic control may cross or come closer than 75 feet to any runway without first obtaining clearance from the control tower. The control tower shall use Federal Aviation Administration standard light signals, and the operator of the motor vehicle shall be familiar with these signals.
G. 
The airport manager or an air traffic controller may declare an emergency to exist on the airport. During an emergency no person may operate a motor vehicle on an airport unless instructed to do so by the control tower.
H. 
No person may park a motor vehicle on an airport except in those areas designated for such use by the airport manager or aviation operators.
(AO No. 78-177; AO No. 90-121)
A. 
No lessee of premises on an airport may store or stack material or equipment in such a manner as to constitute a hazard to persons or property.
B. 
A lessee shall provide sufficient area within its property lines for snow storage.
C. 
A lessee shall notify any contractor it employs of the dimensions of its leasehold.
D. 
A lessee shall supply, maintain and keep fire extinguishers on its premises as required by title 23.
E. 
A lessee shall maintain the floor of each hangar, hangar apron and ramp area leased or otherwise used in its operations clean and clear of oil, grease, materials or trash, except as may be otherwise provided in a specific lease.
F. 
A lessee shall keep all vehicle and personnel gates that access their leased premises closed and locked at all times except when in use or under the direct observation and control of the lessee or his designee.
G. 
A lessee shall immediately inform the airport manager any time a gate becomes inoperative.
H. 
If a lessee owns an underground fuel tank (UST) system or has a UST on his leasehold property and there are plans to remove it, the lessee shall obtain written approval from the airport manager 30 calendar days before excavation begins. The lessee shall comply with all of the federal regulations in 40 CFR 280 and 281 and state regulations in 18 AAC 78 concerning UST removal, installation and environmental assessments and any special conditions required by the airport manager to protect the airport or other users' property.
I. 
A lessee who installs an aircraft tiedown anchor on an airport shall install such anchor in accordance with specifications provided by the airport manager.
(AO No. 78-177; AO No. 90-121; AO No. 91-169; AO No. 94-90, § 4, 5-24-1994)
No person may erect or post any exterior signs or advertisement at an airport except with the approval of the airport manager.
(AO No. 78-177)
Dogs and other animals are not permitted on airport property except in transit, and shall be on a leash, under voice command, or confined in such other manner so as to be under control.
(AO No. 90-121)
In the event of spillage or dripping of gasoline, oil, grease or any material which may be unsightly or detrimental to the pavement or surface in any area of the airport, the material shall be removed immediately. The responsibility for the immediate removal of such gasoline, oil, grease or other material shall be assumed by the operator or owner of the equipment causing the deposit or by the tenant, concessionaire or other person responsible for the deposit on the pavement or surface.
(AO No. 90-121)
Lessees of hangars or other aircraft servicing or maintenance buildings, terminal buildings or other areas shall provide suitable metal receptacles with a self-closing cover for the storage of oil wastes, rags and other rubbish and trash. All waste within this general classification shall be removed by the lessees from the airport premises at regular intervals as may be established by the municipality. No petroleum products or objectionable industrial waste matter shall be dumped or permitted to drain into drainage ditches, canals or ponding areas or into sewer systems or storm drains.
(AO No. 90-121)
A. 
A lessee who has an underground storage tank (UST) on his leased property that is to be tested or modified shall notify the airport manager 30 days prior to the work being performed, and shall submit a copy of the test results and as-built drawings to the airport manager within 30 days after the testing or work is performed.
B. 
A lessee who allows to be performed or contracts for the performance of any environmental audit or assessment upon airport leasehold property shall obtain written approval from the airport manager 30 days prior to beginning the work and shall submit a copy of all written reports and any observations or findings to the airport manager within 30 days of the performance of the work.
C. 
The lessee shall submit copies of UST and environmental site closure acceptance letters ("no further action letters") received for all airport lease hold property from regulatory agencies to the airport manager upon receipt by the lessee and shall not be released from compliance with all requirements until such letter is received.
(AO No. 90-121; AO No. 94-90, § 5, 5-24-1994)
Aircraft deicing which utilizes fluids applied to an aircraft is prohibited on an airport unless performed at a designated deicing facility. The deicing facility shall be constructed so as to maintain control over deicing fluids and the facility, and its standard operating plan must be approved by the airport manager prior to conducting deicing operations.
(AO No. 94-90, § 6, 5-24-1994)
Aircraft washing that utilizes substances other than potable water is prohibited on an airport unless performed at designated aircraft washing facilities that recycle washwater or discharge the water into a sanitary sewer. The aircraft washing facilities must be constructed so as to maintain control over water and substances used to wash the aircraft, and the facility and its standard operating plan must be approved by the airport manager prior to conducting aircraft washing operations.
(AO No. 94-90, § 7, 5-24-1994)