City of Burlington, WI Airport

Appointment. There shall be seven members of the Airport Committee, which shall consist of:

(a)

An aldermanic representative;

(b)

Three hangar owners/renters or airport business owners/renters who own or rent at the Burlington Municipal Airport; and

(c)

Three residents.

(d)

Each member shall be appointed by the Mayor subject to the approval of the Common Council. The Mayor shall appoint the Chairperson of the Airport Committee, subject to the approval of the Common Council, for a term concurrent with the Mayor's term of office. The Airport Manager shall be a nonvoting liaison member of the Committee.

Terms and attendance.

(a)

Terms. The initial terms of the non-aldermanic members shall be two members for one year, two members for two years and two members for three years. Thereafter, all terms shall be for three years. The aldermanic representative shall serve during his/her term of office.

(b)

Attendance.

[1]

Committee members shall attend as many Committee meetings as possible. The Common Council may remove a member from his or her position if he or she misses three consecutive meetings with unexcused absences or if he or she misses 50% of the meetings held in any twelve-month period.

[2]

The Chairperson of the Airport Committee shall notify the Common Council if a member may be removed pursuant to this Subsection A(2)(b). The Common Council may remove the member and, if the member is removed, the Mayor shall, with the approval of the Common Council, appoint a qualified person to complete the term of that member.

Qualifications. Each voting member of the Committee shall be a resident elector of the City, excepting only that airport hangar and/or airport business owners/residents who are not resident electors may serve on the Committee.

Meetings; quorum; deliberations.

Meetings. The Airport Committee shall hold regular meetings on a date and at a time set at the previous regularly posted meeting. Special meetings may be held as necessary. The Airport Committee's meetings shall be open to the public as required by state law.

Quorum. Four members shall constitute a quorum. The Chairperson shall be counted in computing a quorum. The liaison member shall not be counted in computing a quorum.

Deliberations. The rules of parliamentary practice set forth in Robert's Rules of Order, Newly Revised, shall govern the Committee in all cases in which they are applicable and in which they are not inconsistent with this chapter. It shall require a majority vote of the members present to suspend any rule of the Committee.

Secretary and Vice Chairperson. The Committee, during its regularly scheduled meeting in May of each year, shall elect from its members a Secretary and Vice Chairperson who shall hold their offices for one year.

Duties and responsibilities.

Regulations, development, uses, fees and charges. The Committee shall recommend regulations, airport development and land uses, and fees and/or charges for the use of the airport to the Common Council and shall administer the same as finally adopted by the Council.

Recommendation of Airport Manager. The Committee shall provide its recommendations concerning the retention of an Airport Manager to the Common Council. The Council, after giving due consideration to the Committee's recommendations, shall make the final decision on filling the position and the amount of compensation to be paid.

Reports and minutes. The Airport Manager shall prepare and submit reports to the Council concerning airport operations on an as-needed basis, or as otherwise directed by the City Administrator. The Committee's Secretary shall also submit meeting minutes to the Council on a monthly basis, unless a meeting is not held.

Annual budget. The Airport Manager, in consultation with the Committee, shall submit to the Council an annual budget setting forth anticipated revenues and expenditures, including capital improvements, and the amount recommended to be raised by taxation for airport purposes.

Operation improvement. The Committee may undertake studies and conduct surveys from time to time to assist it in improving the operation of the airport and for planning purposes.

(6)

Accounting system. The Airport Manager shall, in cooperation with the appropriate municipal departments, establish an airport accounting system of sufficient detail to enable the Common Council to accurately establish rates and charges for hangar lease and other airport-related purposes and to eliminate possible inefficient operation and maintenance practices.

(7)

Leases and agreements. The Committee shall recommend, for approval by the Common Council, standard leases and agreements for the various types of airport activities and land uses authorized in this section.

(8)

Provision of services. The Committee shall cooperate with and receive the cooperation of municipal departments providing services or assistance to the airport.

(9)

Wildlife management on airport property. In the event the Airport Manager determines that the wildlife population (e.g., deer, geese, coyote, etc.) has reached a point on the airport property where it has become a safety hazard, the Airport Manager shall have the authority to, with the permission of the appropriate person(s) at the Department of Natural Resources (DNR), U.S. Fish and Wildlife Service (USFWL), and/or Chief of Police, allow hunting and the discharge of firearms under Chapter 308, § 308-3, of this Municipal Code. Prior to any discharge of firearms, nonlethal mitigation attempts shall first be attempted. The Airport Committee shall adopt regulations and establish fees or charges for the use of airport property for hunting purposes when permission is granted.

§ 93-2 Applicability; word usage and definitions.

Applicability. The Federal Aviation Act, 49 U.S.C. § 40101 et seq., and Title 14 of the Code of Federal Regulations, govern the regulation of air transportation, along with Chapter 114 of the Wisconsin Statutes. These federal laws and regulations preempt local regulations when they conflict with the Federal Aviation Act or substantially interfere with the federal regulation of air safety. Regardless, the minimum standards set forth herein shall be applicable to and strictly observed by and are incumbent upon all users of and persons on any part of the property comprising the airport. Tenant organizations shall be responsible for the accessibility to and the compliance with these standards by all employees. These rules or standards are not intended to amend, modify or supersede any provision of federal, state or local law or any specific contractual agreement of the City with which they may conflict, provided that these standards shall, insofar as possible, be interpreted so that no such conflict shall exist. These regulations may from time to time be amended, changed or modified by recommendation of the Airport Committee and approval of the Common Council.

Waivers. Should the Federal Aviation Administration provide a specific waiver of Federal Aviation Regulations which have the same intent as contained in this chapter, the City of Burlington may, upon request, similarly waive the pertinent paragraphs or sections of this chapter.

Word usage and definitions. The words and phrases used in these standards shall, for the purpose of the same, be construed as set forth below unless the context or any preemption by federal or state law requires otherwise.

Word usage.

(a)

Words imparting the singular include the plural.

(b)

Words imparting the masculine gender include the feminine.

(c)

"Shall" is always mandatory, not permissive.

(d)

"May" is always permissive.

(e)

"Include" means" includes, but is not limited to."

Definitions.

AERONAUTICAL ACTIVITY

Any activity which involves, makes possible, or is required for the operation of aviation vehicles or which contributes to or is required for the safety of such operations. The following activities commonly conducted on airports are aeronautical activities within this definition: charter operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and services, ultralight flights, sale of aviation petroleum products whether or not conducted in conjunction with other included activities, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which, because of their direct relationship to the operation of aircraft, can appropriately be regarded as an aeronautical activity.

AIR OPERATIONS AREA

Any area of the airport used or intended to be used for landing, taking off or surface maneuvering of general aviation aircraft.

AIRCRAFT

A device that is used or intended to be used for flight, and shall include the pilot or person in command of operation thereof, and shall be bound by all terms and provisions of these regulations. "Aircraft" as defined here refers to general aviation aircraft.

AIRCRAFT ENGINE

An engine that is used or intended to be used in propelling aircraft, including appurtenances and accessories (except propeller) necessary for its functioning.

AIRPORT

Any land or water intended to be used for aeronautical purposes, air navigational facilities or related uses, including buildings located thereon and right, title or interest therein, whether now in existence or hereafter acquired and under control of the City and/or its Airport Committee.

AIRPORT MANAGEMENT

The Burlington Airport Committee and/or the Airport Manager.

COMMERCIAL OPERATION

Includes but is not limited to sale, auction, lease, sublease, rent, barter, trade, transaction, or retail to sell, hawk, peddle, vend, effect a sale, deal in, offer, market, liquidate, turn into money, advertise, hold out, perform services, or engage in business for the purpose of securing advantage, benefit, interest, gain, earnings, return, income, remuneration, compensation, or profit or any act or activity, the object of which is any or all of the foregoing, whether or not such objective is accomplished.

FIREPROOF

The capability of materials and parts used to confine fire in a designated fire zone to withstand heat at least as well as steel, in dimensions appropriate for the purpose for which they are used, under the most severe conditions of fire and duration likely to occur in that zone.

FLAMMABLE

The susceptibility of a material, fluid, or gas to ignite readily or to explode.

MOVEMENT AREA

The runways, taxiways and other areas of an airport which are utilized for taxiing, takeoff and landing of an aircraft, exclusive of loading ramps and parking areas.

OPERATE

With respect to aircraft, to use, cause to use, or authorize to use aircraft for the purpose of air navigation, including the piloting of aircraft, with or without the right of legal control (as owner, lessee or otherwise).

PERMISSION or PERMIT

Permission granted by airport management, unless otherwise herein specifically provided. "Permission" or "permit," whenever required by these standards, shall always mean written permission, except that verbal permission in specific instances may be granted under special circumstances where the obtaining of written permission would not be practicable.

PERSON

Any individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity and shall include any agent, trustee, receiver, assignee or similar representative of any of the above.

§ 93-3 Airport Manager.

The City shall employ or contract with an Airport Manager, who shall be responsible for the oversight of daily operations and who shall have direct management and control of the facilities of the Burlington Municipal Airport.

Appointment. The Airport Manager shall be appointed by the Common Council upon the recommendation of the Airport Committee. The Council may employ or contract with the Airport Manager for an indeterminate time period or may fix the term by contract.

Committee liaison member. The Airport Manager shall serve as a liaison member of the Airport Committee, and is expected to attend all Airport Committee meetings, as well as other City meetings at the request of the City Administrator or Common Council.

Duties and responsibilities. In addition to oversight and control of the day-to-day operations of the airport, the Airport Manager shall report to the City Administrator on a regular basis on matters affecting operations. The Airport Manager shall also report to the Common Council upon request regarding matters under his or her control and shall seek the input of the Airport Committee in the preparation of recommendations, reports and budgets.

§ 93-4 General standards.

Advertising. No person who is not a tenant at the airport shall post, distribute, or display signs, advertisements, circulars, or printed or written matter at the airport except with the approval of and in such manner as may be prescribed by airport management.

Airport management. Airport management, at all times, shall take such action as may be necessary and proper to safeguard persons and property on the airport.

Airport security. The Burlington Police and Racine County Sheriff have the authority to enforce all applicable laws at the Burlington Municipal Airport.

Assumption of risk by users. The privilege of using the airport and its facilities shall be conditioned on the assumption of full responsibility of risk by the user thereof, and he or she shall release, hold harmless, and indemnify the City of Burlington, its officers and employees from any liability or loss resulting from such use as well as against claims of third persons as against those of persons using the airport.

Conduct of business. No person shall use the airport for commercial operations without securing an appropriate agreement for such activities from the City of Burlington and paying the rates and charges prescribed for such use. A person not authorized, or one in default under a tenancy agreement, shall not serve or otherwise accommodate the public or carry on any commercial activities on the airport.

Death or injury. Any serious injury or death occurring on the airport, the reporting of which is not otherwise provided for in these standards, shall be reported to the City of Burlington Police Department and Airport Manager as soon as practicable.

Commercial photography or videography. No person, except authorized representatives of the City, airport tenants or representatives of the press on duty or during official assignments, shall take still or motion photographs and/or videos for a commercial purpose on the airport without permission of airport management. Any person authorized to engage in commercial photography or videography shall provide at least 24 hours' notice before commencing such activities.

§ 93-5 Aircraft operations.

Compliance with laws and regulations. No person shall operate any aircraft on the airport other than in conformity with the Federal Aviation Act or other federal, state or local rules, regulations, ordinances, statutes or laws. The FAA provisions of Title 14 of the Code of Federal Regulations, as may be amended from time to time, shall also govern the movement of air traffic on and in the vicinity of the airport.

Authority to restrict operations. Airport management shall have the authority to close the airport or any portion thereof to air operations, except for emergency landings, whenever such action is necessary to avoid endangering persons or property. Airport management shall have the right to deny the use of the airport or any portion thereof to any specific aircraft or to any specific class of aircraft if in its opinion such use would likely endanger persons or property or constitute a nuisance.

Confinement of operation. No person may operate an aircraft on the airport except on an approved runway. No person may use a taxiway on the airport for a takeoff or landing.

Aircraft operation. No aircraft shall be operated on the airport in a careless or negligent manner or in disregard of the rights and safety of others, or without due caution, or at a speed or in a manner which endangers unreasonably persons or property, or while the pilot, or any other person aboard controlling any part of the operation thereof, is under the influence of intoxicating liquor or any narcotic or habit- forming drug.

Taxiing aircraft. All aircraft being taxied, towed or otherwise moved shall be under full control and shall move or be moved at a reasonable speed. During any aircraft movement on the public landing area, the terminal apron, the general aviation area or taxiways there shall be a competent person attending the controls. Aircraft shall not be taxied in or out of hangars. Aircraft not equipped with adequate brakes may not be taxied within 50 feet of buildings, parked aircraft, or equipment, unless an attendant is at a wing of the aircraft to assist the pilot.

Starting aircraft engines. No person may start or run an engine of an aircraft on the airport unless there is a competent person in control of the starting or runway procedure. No person shall run an aircraft engine of an aircraft parked on the airport in a manner that endangers any person or property or that blows debris across taxiways or runways or so as to otherwise endanger the safety of operation on the airport.

Aircraft parking. No person may park an aircraft in any area other than that prescribed by airport management. Except in an emergency, no person may enplane or deplane passengers in an area that had not been designated for that purpose.

Weight limitation. Any weight limitations concerning the use of aircraft shall be in compliance with the Federal Aviation Act and its regulations, as may be amended from time to time.

Aircraft tie-down. It shall be the responsibility of the aircraft owner or operator to ensure the adequacy of tie-down equipment and methods used in securing aircraft parked on the airport. No aircraft may be left unattended for long periods of time.

Derelict aircraft. Any aircraft parked on the public aircraft apron for a period in excess of 60 days and not flown during that period of time shall be declared a derelict unless arrangements for extended parking have been made by the owner with the Airport Manager. Such aircraft shall be subject to removal and impoundment, with any and all costs incurred being the responsibility of the owner. Notwithstanding the above, the City, its employees and/or agents are not responsible for damages to the airplane or airport if the parked airplane needs to be moved or removed to accommodate airport operations.

Liability for damages. The cost for repair of damage to field lighting or other airport facilities shall be borne by the operator, pilot or person causing the damage.

Interfering or tampering with aircraft. Except as set forth in § 93-5J, no person may interfere with any aircraft or put in motion the engine of such aircraft or use any aircraft, aircraft parts, instruments or tools without permission of the owner.

Aircraft fueling. Self-refueling will be allowed in the designated area where safety equipment is available and exposure to other aircraft and buildings is limited.

Flight instruction. No person may originate a flight instruction operation at the airport unless he/she holds a CFI rating from the FAA.

§ 93-6 Motor vehicle standards.

General. The laws of the State of Wisconsin and the City of Burlington relating to the operation of motor vehicles on streets and public highways shall apply, where applicable, to the operation of motor vehicles on the airport. Unauthorized motor vehicle operations on unleased airport areas are prohibited. Unauthorized motor vehicle operations on airport operating areas are prohibited.

Authorized vehicles. Only those vehicles authorized by the Airport Manager or emergency vehicles shall be permitted to operate within the air operations area. The responsibility for escort of a vehicle shall lie solely with the tenant being served. Typically, authorized vehicles include aircraft towing vehicles, refueling trucks, and maintenance vehicles. Other authorized vehicles include vehicles owned and operated by the City of Burlington and Federal Aviation Administration.

Special airfield operating rules.

Authorized vehicles operating on any aircraft movement area shall give way to taxiing aircraft and stop and wait for such aircraft to pass or park before proceeding.

When parking adjacent to a runway, all vehicles must park parallel to the runway and at least 100 feet to the outside of the runway lights, unless such runway is officially closed or maintenance requirements dictate otherwise.

Rules of operation and compliance with laws and regulations. The following general standards shall apply in addition to Federal Aviation Act and its regulations set forth in Title 14 of the Code of Federal Regulations regarding the use and configuration of vehicles on an aircraft movement area:

No person shall operate a motor vehicle of any kind on the airport in a careless, reckless or negligent manner or in excess of the posted speed limits.

The movement of motor vehicles shall be limited to hard-surfaced areas.

Unless otherwise posted, the motor vehicle speed limit is 15 miles per hour.

Emergency vehicle right-of-way. Upon the approach of a police, ambulance, fire-rescue or other emergency vehicle giving an audible or visual signal that it is on an emergency call, persons operating another vehicle shall stop clear of all intersections until the emergency vehicle has stopped or passed.

Parking. No automobile, truck or other vehicle shall park in any area other than the prescribed parking areas. The laws of the City of Burlington governing illegal parking shall be applicable. The following rules shall govern parking of vehicles on the airport:

No person may double park on any road.

No person may park in a pedestrian crosswalk.

No person may park a motor vehicle within 15 feet of a fire hydrant.

No person may park a motor vehicle at any place in violation of any official restricting or prohibiting sign posted by airport management.

Except with respect to leased premises, fuel trucks shall be parked a minimum of 25 feet from any runway and 75 feet from any building.

(6)

Operators of ground vehicles specifically authorized to carry passengers for hire shall load only at the location provided.

(7)

Tenants occupying individual hangars are prohibited from parking ground vehicles on taxiways but are permitted to park their vehicle within the unoccupied hangar, or between hangars if space is available, for a period not to exceed 72 hours. Otherwise, areas between hangars shall be kept clear. Hangar doors are to be closed if absence is to be longer than six hours.

Accident reporting. In any accident involving a motor vehicle and aircraft, however slight the damage, the operators thereof shall report it to airport management as soon as possible after the accident. The operator or occupant of a vehicle involved in an accident resulting in injury to or death of any person, any damage to state or other government-owned property, except a state or other government-owned vehicle, to an apparent extent of $200 or more, or total damage to property owned by any one person or to a state or other government-owned vehicle to an apparent extent of $1,000 or more shall immediately by the quickest means of communication give notice of such accident to the City of Burlington Police Department.

Violations. Airport management may cite or cause to be towed away or otherwise move any motor vehicle on the airport that is operated or parked in violation of these regulations, if airport management determines that it is a nuisance or hazard. The City of Burlington Police Department may be called to enforce these standards of vehicle operation.

Motorcycles, bicycles and radio-controlled models.

Every person riding a motorcycle or a bicycle upon an airport roadway shall be granted all rights and shall be subject to all duties applicable to the driver of a vehicle, except as to standards which by their nature can have no application. Any person operating a cycle shall obey the instructions of traffic control signals, signs and other control devices applicable to vehicles, until otherwise directed by an officer. Such cycles are strictly prohibited from operating or parking on lawns or sidewalks.

All operation of ground or airborne radio-controlled models on airport property is strictly prohibited, unless authorized by the Airport Manager.

Pedestrian traffic. No pedestrian is allowed to enter the airport taxiways or runways unless the airport is closed and the pedestrian is escorted by a person knowledgeable of aircraft operations.

§ 93-7 Safety.

Exercise of utmost care required. All persons using in any way the airport area or the facilities of the airport shall exercise the utmost care to guard against fire and injury to persons or property.

Compliance with law and regulations. The following general standards shall apply in addition to the Federal Aviation Act or other federal, state or local rules, regulations, ordinances, statutes or laws. The provisions of Title 14 of the Code of Federal Regulations regarding safety, as may be amended from time to time, shall also govern in relation to safety and the airport area or its facilities.

Smoking restricted. No person shall smoke in any hangar, room, building or areas on the airport, except in offices, waiting rooms, or buildings in which smoking is specifically authorized.

Fueling aircraft.

No airplane shall be fueled or drained while the engine is running or while in a hangar or other enclosed space. Fueling equipment shall be such as to afford a continuous metallic contact between the discharge nozzle, metal lining, or other metal conductors of the fueling hose, main fuel tank or fuel line and the ground, and the discharge nozzle shall have securely attached thereto an adequate bonding cable terminating in a suitable metal clip. Before removing the fill cap from the airplane fuel tank, the clip on the bonding cable shall be connected to some uninsulated and unpainted metal part of the airplane in continuous metallic contact with the tank, but not adjacent to the tank-filling opening, and that connection shall not be broken until after the tank has been fueled and the cap of the tank has been replaced.

Each person engaged in fueling or defueling on the airport shall exercise care to prevent the overflow of fuel and must have proper and adequate fire extinguisher capacity readily accessible at all times.

During the fueling or defueling of an aircraft on the airport, no person may, within 50 feet of that aircraft, smoke or use any material that is likely to cause a spark or be a source of ignition.

Each hose, funnel or appurtenance used in fueling or defueling an aircraft on the airport must be maintained in a safe, sound and nonleaking condition.

Fueling operations shall conform to NFPA Standard 407.

Heating of oil. The heating of oil shall be restricted to steam, hot water, hot air or approved electrical heaters.

Cleaning aircraft parts. The cleaning of motor parts or other parts of the airplane shall preferably be with nonflammable liquids. If volatile flammable liquids are employed for this purpose, cleaning operations shall be carried on in the open air or in a separate room located in the repair shop section and separated therefrom by fire-resistive partitions.

Cleaning floors. Floors shall be kept clean and free from oil. The use of volatile flammable solvents for cleaning floors is prohibited.

Drip pans. Drip pans shall be placed under engines whenever necessary to prevent an accumulation of oil.

Storage of oil waste, rags and rubbish. Suitable metal receptacles with self-closing covers shall be provided for the storage of oily waste, rags and other rubbish. The contents of these receptacles shall be removed as often as necessary to prevent overloading.

Removal of empty containers. All empty oil, paint and varnish cans, bottles, or other containers shall be immediately removed from all buildings and not allowed to accumulate.

Clothes lockers; storage. All clothes lockers and storage containers shall be constructed of metal or other suitable fire-resistant material.

Storage of flammable liquids. Gasoline, kerosene, ethyl, ether or other flammable liquids, including those used in connection with the process of "doping," shall be in compliance with the regulations of the National Fire Protection Association for the construction and installation of containers for flammable liquids. Lubricating oils may be kept within hangars when stored in containers and provided with draw- off devices.

Compressed gas cylinders. Cylinders or flasks of compressed gases shall be carefully stored in appropriate storage rooms.

Installation of heating appliances. All heating equipment and fuel-burning appliances installed on the airport shall be in accordance with the fire codes of the City of Burlington.[1]

[1]

Editor's Note: See Ch. 155, Fire Prevention, Protection and Control.

First aid kits and fire extinguishers. The operator of any hangar or building on the airport shall be responsible for the furnishing and maintaining of adequate first aid kits and fire extinguishers and/or appliances.

Fire doors and fire prevention apparatus. All fire doors and other fire prevention apparatus shall be accessible and kept unobstructed at all times.

Removal of garbage, rubbish and trash. The operator of any hangar or occupant of any space in the airport buildings shall be responsible for the prompt and proper disposal or removal of any trash, rubbish, garbage, or debris from the leased airport premises. All trash shall be stored in covered containers.

Fuel trucks approaching aircraft to be serviced. Fuel trucks shall not approach within 100 feet of any aircraft to be serviced until aircraft engines are shut off and propellers motionless and the pilot or authorized representative has approved the servicing of the plane.

Commercial trash disposal units. No commercial trash disposal container shall be placed closer than 10 feet to a combustible wall or 50 feet to a building ventilation intake system.

Fuel farm safety. Fuel farm safety and security is the responsibility of the tenant user. No person shall have access to fuel farm equipment unless he is trained by the tenant in safe and proper fuel farm procedures.

§ 93-8 Public and tenant use.

General. The laws of Wisconsin, including those relating to the following, apply on the airport:

Alcoholic beverages.

Disorderly conduct.

Drugs.

Gambling.

Trespassing.

Obscene literature.

Roads and walks. No person shall travel on the airport other than on the roads, walks or places appropriate for the manner of travel being performed or occupy the roads and walks in such a manner as to hinder or obstruct their proper use.

Preservation of property. No person shall destroy, injure, deface, modify or disturb in any way any building, sign, equipment, marker, or other structures, tree, flower, lawn or other property on the airport; or alter, make additions to, or erect any building or sign; or make any excavations on the airport without the authorization of airport management or willfully abandon any personal property on the airport.

Entry into restricted areas. No person shall enter an air operations area, utility and service rooms or areas, or other areas designated as restricted, except:

A properly identified person assigned to duty therein.

An authorized representative of the Federal Aviation Administration.

A passenger who, under appropriate supervision, is entering the apron to enplane or deplane.

Any other person authorized by airport management, or by a tenant limited solely to the area he occupies.

Animals.

With the exception of certified service animals, animals are not permitted in the terminal building, landing area, aprons or aircraft parking areas, except for shipment by air. Animals may be permitted in other areas of the airport if restrained by leash or confined in such manner as to be under control.

No person may fish, hunt, trap, or kill any animals on the airport, except with specific authorization and except for goose hunting authorized pursuant to § 93-1C(9).

Loitering. No person may loiter or loaf on any part of the airport or in a building on the airport. Such a person or persons who shall refuse to comply with a proper request by airport management to leave the airport shall be regarded as trespassers and charged accordingly.

Limitation on nontraveling assemblies. The assembly of persons generated by political figures, entertainers, sports teams and the like shall be at such locations and in such numbers as may be directed by airport management. Members of such an assemblage shall in no way interfere with the peaceful transit of the traveling public.

Individual hangars. These hangars are primarily intended for the storage of aircraft. Any evident unauthorized commercial operation, or indication thereof, being carried on in these hangars shall be cause for termination of the lease agreement.

Use of shop areas. All shops, garages, equipment and facilities are expressly for the conduct of the owner's or lessee's business and operations. No person other than employees of the owner or lessee shall make use of these facilities or loiter around such premises without individual and specific permission of the owner or lessee. This subsection applies to all City of Burlington premises.

§ 93-9 Environment.

Storm drain system. No person shall dispose of any substance whatsoever in the airport drainage system.

Septic systems. Disposal of high grease content or fibrous materials or bulky solids or grit into the septic (septic tank and laterals) system is prohibited. Grease traps, regularly cleaned, are required when necessary.

Shop floor drains. All shop installations where any engine, mechanical equipment or vehicle is maintained, cleaned or painted shall be equipped with proper disposal facilities. This includes floor drains equipped with properly maintained traps to collect grease and grit. Such grease and grit shall be disposed of properly by the tenant.

Waste petroleum. Approved receptacles shall be maintained to collect waste petroleum products for disposal by salvage or other approved method.

Detergents. All tenants who use detergents in their operations, particularly equipment for vehicle washing or kitchens, are required to utilize only those detergents which are neutral and biodegradable.

Open fires. Open fires on the airport are prohibited except during airport-sponsored firefighting exercises.

Removal of fuel, oil and grease. In the event of spillage or dripping of fuel, oil, grease or any material which may be detrimental to the pavement or may flow to the drain system, the same shall be removed immediately. The responsibility for immediate removal of such fuel, oil, grease, or other material shall be assumed by the operator of the equipment causing the same or by the tenant or concessionaire responsible for the deposit thereof on the pavement.

Sanitation. No person shall place, discharge, or deposit sewage, garbage, refuse, paper or other material except in the proper receptacles and in a proper manner. All commercial trash containers will be covered. Trash pickup frequency shall be sufficient so that no trash is placed outside said covered containers.

§ 93-10 Zoning and land uses; Height Limitation Zoning Ordinance.

The land areas of the airport and its uses are subject to various sections of the City's Zoning Code,[1] including the permitted uses set forth in § 119-13 within the Floodway District, and the conditional uses set forth in § 315-15C within the A-1 Agricultural/Holding District, § 315-30C within the M-1 Light Manufacturing District, § 315-31C within the M-2 General Manufacturing District, and § 315-33C within the M-4 Manufacturing District. In addition, the City adopted a Height Limitation Zoning Ordinance (HLZO) in 1974 entitled "Regulating the Height of Structures and Trees and the use of the property in the vicinity of the Burlington Municipal Airport," a copy of which is available at the office of the City Clerk. The HLZO is subject to a Height Limitation Zoning Map, published by the Wisconsin Bureau of Aeronautics and dated April 15, 1994, as referenced in § 315-53 of the City's Zoning Code.

[1]

Editor’s Note: See Ch. 315, Zoning.

§ 93-11 Violations and penalties.

Any person who violates any standard, directive, instruction, or official sign duly issued, promulgated or posted pursuant to and under and by virtue of the power and authority of the City of Burlington shall be subject to the following:

All correctable violations shall be corrected by the violator within a reasonable time or the City shall effect such corrections and assess the cost of correction, if any, against the violator.

Traffic violators shall be subject to City of Burlington traffic violation citations.

Serious flagrant and repeated violations shall be subject to denial of the use of airport facilities or termination of tenancy.

In addition, any person who shall violate any provision of this chapter shall be subject to a penalty as provided in Chapter 1, § 1-4, of this Municipal Code.

§ 93-12 Emergency aircraft services.

Air ambulance services providing critical care services and nondedicated advanced life support may operate at the airport upon entering into a binding memorandum of understanding and any other necessary agreements, as deemed necessary by the City, for operation of such facilities.

Any provider of services pursuant to this section shall provide proof of compliance with all applicable laws and regulations pertinent to the providing of air ambulance services, compliance with licensure, insurance, and certifications, and any other laws or requirements that the City deems necessary.

Insurance. Any operator pursuant to this section shall maintain insurance in the minimum amounts:

General liability: $1,000,000 per occurrence, $2,000,000 aggregate;

Fire and legal: $1,000,000 combined single limits;

Umbrella liability: $5,000,000;

Workers' compensation: State of Wisconsin minimum with waiver of subrogation.

Any operator under this section may enter into a lease agreement with the City for hangar space or other space at the airport to use as part of its services. All lease agreements and memorandums of understanding required under this section shall be reviewed by the Committee and approved by the City Common Council by majority vote.

Any memorandum of understanding or other agreement setting forth the rights and obligations of an operator under this § 93-12 may include provisions relating to the following:

Parking requirements.

Living quarters or other employee rooming at the operator's facility due to the on-call nature of the operations.

Refueling of aircraft.

Maintenance and repair of aircraft.