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HomeMy WebLinkAbout1693 - ORDINANCES - 7/19/2006 ORDINANCE NO. 1693 AN ORDINANCE OF THE CITY OF PALM SPRINGS, CALIFORNIA, ADDING TITLE 16 TO, AND REPEALING CHAPTERS 11.33, 11.34, AND 11.35 OF, THE PALM SPRINGS MUNICIPAL CODE, RELATING TO THE ESTABLISHMENT OF RULES AND REGULATIONS FOR ACCESS TO AND USE OF THE PALM SPRINGS INTERNATIONAL AIRPORT. City Attorney's Summary This Ordinance establishes a comprehensive and non-discriminatory set of rules and regulations governing the use of airport facilities and property and regulating activities and ground operations, including general aviation activities, at the Palm Springs International Airport. The Ordinance provides for a consistent and uniform set of enforcement procedures. This Ordinance also consolidates all applicable regulations established by ordinance, resolution, and administrative order in one Title of the Code specifically dedicated to the Airport. The City Council of the City of Palm Springs ordains: 1 SECTION 1. Chapters 11.33, 11.34, and 11.35 of the Palm Springs Municipal Code are repealed. SECTION 2. Title 16 is added to the Palm Springs Municipal Code to read: TITLE 16 PALM SPRINGS INTERNATIONAL AIRPORT Chapters: Chapter 16.02 ORGANIZATION, DEFINITIONS, AND ENFORCEMENT Sections: 16.02.005 Title 16.02.010 Purpose 16.02.015 Definitions 16.02.020 Governance 16.02.25 Compliance with Regulatory Measures and Agreements 16.02.030 Conflicting Regulatory Measures and Agreements 16.02.035 Repeal of Regulatory Measures 16.02.040 Land Use 1 16.02.045 Right to Self-Service 16.02.050 Prohibited Activities 16.02.055 Fines Ordinance No. 1693 Page 2 16.02.060 Subordination ' 16.02.065 Notices, Requests for Approval, Applications, and Other Filings 16.02.070 Amendments 16.02.075 Variance or Exemption 16.02.080 Enforcement 16.02.085 Rights Reserved 16.02.090 Grounds for Denial 16.02.005 Title, This Title shall be known and may be referred to, in all proceedings, as "the Palm Springs International Airport Ordinance" or the "Airport Ordinance." 16.02.010 Purpose. A. The purpose of this Chapter is to ensure that the public's health and safety is not jeopardized, that all airport users are treated in a fair, just, and nondiscriminatory manner, and to promote the most effective and efficient use of the airport facilities- B. It is the intent of the City Council to: 1. Plan, manage, operate, finance, and develop the Airport in a , manner consistent with the adopted goals and policies of the City Council; 2. Provide the residents of the City of Palm Springs and the Coachella Valley with access to the nation's aviation system; 3. Preserve and enhance the City's status as a premier tourist destination; 4. Ensure the Airport's long-term financial health; 5. Protect and promote the health, safety, security, and general welfare of the public consistent with all applicable Regulatory Measures; 6. Encourage the development and operation of General Aviation businesses and the provision of quality aviation products, services, and facilities to the public at the Airport; and 7. Ensure that the Airport is operated for the use and benefit of the public and made available to all types, kinds, and classes of Aeronautical Activity on fair and reasonable terms and without unjust discrimination. C. This Title, and any amendments or supplements to this Title, is designed and intended to protect the health, safety, interest, and general welfare of the Operators and Lessees at, and the consumers and users of, the Airport and to restrict or prevent any activity or action which would interfere with the safe, orderly, and efficient use of the Airport by Operators, Lessees, consumers, and users. , Ordinance No. 1693 ! Page 3 16.02.015 Definitions, A. Definitions identified and defined in Subsection B, whenever used in the Title, shall be construed as defined therein unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly ascribed to the use of such words or phrases. All defined words are capitalized throughout the Title. B. In construing the provisions of the Title, the following definitions shall apply: "Abandoned" means left at the Airport and as applied to Property, other than Vehicles, the term "abandoned" means anything left on the Airport for 48 hours without the owner moving or claiming it. "Abandoned Vehicle" means any Vehicle that has remained stationary on the Airport in excess of 72 hours and is in a condition that would render the Vehicle undrivable, including expired license plates, missing (or flat) tire, and/or broken window, or has been declared as an Abandoned Vehicle by the Director. "AC" means "Advisory Circular," a document issued by the FAA to help explain the intent of a federal regulation, to provide guidance and information to the aviation public in a designated subject area, or to show an acceptable method for complying with a related federal regulation. "Accident" means a collision or other contact between any part of an Aircraft, Vehicle, person, stationary object and/or other thing which results in Property damage, personal injury, or death; or an entry into or emergence from a moving Aircraft or Vehicle by a person which results in personal injury or death to such person or some other person or which results in Property damage. "Aeronautical Activity" or "Aeronautical Activities" or "Activiteis" means any activity or service that involves, makes possible, facilitates, is related to, assists in, or is required for the operation of Aircraft or another Aeronautical Activity, or which contributes to or is required for the safety of such operations. The following Aeronautical Activities, without limitation, which are commonly conducted on airports, are considered Aeronautical Activities within this definition: Aircraft charter, pilot training, Aircraft rental, sightseeing, aerial photography, aerial spraying and agricultural aviation services, aerial advertising, aerial surveying, air carrier operations (passenger and cargo), Aircraft sales and service, sale of aviation fuel and oil, Aircraft Maintenance, sale of Aircraft parts, and any other Activities which, because of their direct relationship to the operation of Aircraft or the Airport, can appropriately be regarded as an Aeronautical Activity. For all purposes of the Title, all products and services described herein are deemed to be "Aeronautical Activities". Ordinance No, 1693 Page 4 "Agency" means any federal, state, or local governmental entity, unit, agency, ' organization, or authority. "Agreement" means a written contract, executed by both parties, and enforceable by law between the City and an entity granting a concession, transferring rights or interest in land and/or Improvements, and/or otherwise authorizing, restricting, and/or prohibiting the conduct of certain Activities. Such Agreement will recite the terms and conditions under which the Activity will be conducted at the Airport including, but not limited to, term of the Agreement; rents, fees, and charges to be paid by the entity; and the rights and obligations of the respective parties. "Aircraft" means any contrivance now known or hereafter invented which is used or designed for navigation of or flight in air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. This includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, helicopters, gliders, gyrocopters, ground effect machines, sailplanes, amphibians, and seaplanes. "Aircraft Accident" means an occurrence associated with the operation of an Aircraft where as a result of the operation of an Aircraft, any person (either inside or outside the Aircraft) receives fatal or serious injury, any Aircraft receives substantial damage, or Property on the Airport (including, but not limited to, the runway, Taxiway, Apron, or a navigational aid, light, or fixture on the Airport) is damaged. ' "Aircraft Charter Operator" means a Commercial Operator engaged in on-demand common carriage for persons or Property (as defined in 14 CFR Part 135) or operates in private carriage under 14 CFR Part 125. "Aircraft Design Group" means a grouping of Aircraft based upon wingspan. The groups are as follows: Group I: Up to but not including 49 feet. Group Il: 49 feet up to but not including 79 feet Group III: 79 feet up to but not including 118 feet Group IV: 118 feet up to but not including 171 feet Group V: 171 feet up to but not including 214 feet Group VI: 214 feet up to but not including 262 feet "Aircraft Line Maintenance" means Aircraft Maintenance typically required to return an Aircraft to service within a short period of time. Examples include, but are not limited to: replenishing lubricants, fluids, nitrogen, and oxygen; servicing of landing gear tires and struts; lubricating aircraft components; and, avionics/instrument removal and/or replacement. "Aircraft Maintenance" means the repair, maintenance, alteration, calibration, adjustment, preservation, or inspection of Aircraft airframe, power plant, propeller, and accessories (including the replacement of parts) as described in 14 CFR Part 43. "Aircraft Maintenance Operator" means a Commercial Operator engaged in providing ' Aircraft Maintenance (as defined in 14 CFR Part 43) for Aircraft other than those owned, Ordinance No. 1693 Page 5 " leased, and/or operated by (and under the full and exclusive control of) the Operator, ! which includes the sale of Aircraft parts and accessories. "Aircraft Management Operator" means a Commercial Operator engaged in the business of providing Aircraft management including, but not limited to, flight dispatch, flight crews, or Aircraft Maintenance coordination to the general public. "Aircraft Operator means a person who uses, causes to be used, or authorizes to be used an Aircraft, with or without the right of legal control (as owner, lessee, or otherwise), for the purpose of air navigation including the piloting of Aircraft, or on any part of the surface of the Airport. "Aircraft Rental Operator" means a Commercial Operator engaged in the rental of Aircraft to the general public. "Aircraft Rescue and Fire Fighting" or "ARFP', means City of Palm Springs personnel who are responsible for aircraft rescue and fire fighting at the Airport_ "Aircraft Sales Operator means a Commercial Operator engaged in the sale of three or more new and/or used Aircraft during a 12-month period. "Aircraft Storage Operator" means a Commercial Operator that develops, owns, and/or leases facilities for the purpose of Subleasing (to the general public) Aircraft storage facilities and/or associated office or shop space to entities engaging in Commercial or Non-Commercial Aeronautical Activities. "Airfield Area" means the portion of the airport within the security perimeter fence. "Airframe and Powerplant Mechanic," or "A and P Mechanic," means a person who holds an Aircraft mechanic certificate with both the airframe and power plant ratings. This certification is issued by the FAA under the provisions of 14 CFR Part 65. "Airport" means the Palm Springs International Airport and all land, Improvements, and appurtenances within the legal boundaries of the Airport as it now exists on the Airport Layout Plan, or as may be depicted on or within the most recent FAA grant and sponsor assurances, and all access roads and streets located thereon, and as it may hereinafter be extended, enlarged, or modified. "Airport Assurances" means the usual and customary assurances that airport owner/operators must provide the FAA or other grant sponsors, in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants. ' "Airport Certification Manual," or "ACM," means a manual developed by an airport that establishes responsibility, authority, and procedures for FAR Part 139 compliance. An Ordinance No. 1693 Page 6 ACM is required and approved by the FAA for airports served by scheduled air carrier , Aircraft. "Airport Identification Badge" means a media allowing access to certain parts of the Airport. The Airport Identification Badge may be one of the following: Sterile Area Worker, SIDA, or NonSIDA. "Airport Layout Plan," or "ALP," means the current FAA approved drawing depicting the physical layout of the Airport and identifying the location and configuration of current and proposed runways, Taxiways, buildings, roadways, utilities, navaids, etc. "Airport Operations Area," or "AOA," means the geographic location that includes Aircraft Movement Areas, Aircraft parking areas (Aprons), loading ramps, safety areas and any adjacent areas (such as general aviation areas) that are not separated by adequate security systems, measures, or procedures. "Airport Security Coordinator" means the Airport's primary security representative and point-of contact for the TSA. "Airport Security Program," or "ASP," means the current Airport Security Program, as may be amended from time to time, approved by the TSA, that specifies the systems, measures, and procedures that are used to meet the Airport's regulatory and statutory responsibilities relating to airport security. , "Airport Terminal Building" means the building at the Airport where the passenger processes of ticketing, baggage check-in, security screening, aircraft boarding, baggage claim, customs, and immigration are accomplished_ "Air Traffic Control," or "ATC," means a service operated by appropriate authority to promote the safe, orderly, and expeditious flow of air traffic. "AOA Vehicle Permit" means a permanent sticker or temporary placard affixed to a Vehicle authorizing access to the Restricted Areas of the Airport. "Applicant," or "proposed Operator or Lessee," means an entity desiring to use land and/or Improvements at the Airport to engage in Aeronautical Activities and who shall apply in writing and in the manner or form prescribed herein for authorization to engage in such Activities at the Airport. "Apron" means those paved areas of the Airport within the AOA designated by the City for the loading or unloading of passengers, servicing, or parking of Aircraft. "Association" means a legal entity formed and recognized under the laws of the State of California and having an existence separate and apart from its members or ' shareholders. For the purpose of the Title, the term "Association" includes Limited Liability Company, Corporation, Partnership, and Limited Partnership, etc_ Ordinance No. 1693 Page 7 "Authorization Signature Letter" means a letter drafted by an Operator or Lessee that establishes the company and approved persons who can request badges and permits on behalf of the Operator or Lessee. "Avionics" or "Instrument Maintenance Operator" means is a Commercial Operator engaged in providing Aircraft Maintenance (as defined in 14 CFR Part 43) for Aircraft other than those owned, leased, and/or operated by (and under the full and exclusive control of) the Operator, which includes the sale of Aircraft parts and accessories. "Based Aircraft" means any Aircraft utilizing the Airport as a base of operation and is registered at the Airport with an assigned tie-down or hangar space on the Airport or adjoining property which has direct Taxiway access to the Airport. "Certificates of Insurance" means a certificate provided by and executed by an Operator's insurance company evidencing the insurance coverages of the Operator. "CFR" means Code of Federal Regulations, as may be amended from time to time. "Charter Party Carrier/Passenger Stage Carrier" means a Vehicle authorized to operate by the California Public Utilities Commission that is used in a business or concession located off Airport property for the transportation of passengers, baggage or parcels. "City" means the City of Palm Springs, a California charter city. "Commercial" means an Activity with the intent to generate and/or secure earnings, income, compensation, and/or profit, whether or not such objectives are accomplished. For the purpose of securing earnings, income, compensation (including exchange or barter of goods and services), and/or profit, whether or not such objectives are accomplished. "Commercial Lane" means the roadway adjacent to, and on the landside of, the Airport Terminal Building dedicated for Commercial Vehicle use only. "Commercial Vehicle" means a Taxi, Charter Party Carrier/Passenger Stage Carrier, Courtesy Vehicle or other Vehicle that is authorized by the Director of Aviation to drop off and/or pick up persons at the Airport Terminal. "Commercial Vehicle Operator" means any person who is in actual physical control of a Commercial Vehicle. "Compensation" means any form of reimbursement for goods or services such as, but not limited to, monetary, barter, favors, gratuity, etc. montiguous Land" means land that shares an edge or boundary or is separated by no ore than a Taxilane or Taxiway. Ordinance No. 1693 Page 8 "Courtesy Vehicle" means a Vehicle used in a business or concession located off ' Airport property and used in transportation of passengers, baggage or parcels for which no charge is levied. Such operations would include, but not be limited to, hotels/motels, off Airport car rentals, and casinos. "Department of Transportation (or "DOT')" means the Cabinet department of the United States government concerned with transport. It was established by an act of Congress on October 15, 1966 and began operation on April 1, 1967. It is administered by the United States Secretary of Transportation. "Development Guidelines" means the parameters governing the design, construction, and/or modification of Operator or Lessee facilities at the Airport. "Director of Aviation" or "Director" means the Director of Aviation of the City of Palm Springs or the designee or designees of the Director of Aviation. "Employee(s)" means any individual employed by an entity where by said entity collects and pays all associated taxes on behalf of Employee (i.e., social security and medicare). The determination of status between "employee" and "contractor" shall be made according to then current IRS standards. "Environmental Protection Agency (or "EPA")" means the Agency within United States government that has the responsibility for developing and enforcing regulations that implement environmental laws enacted by Congress. "Equipment" means all property and machinery, together with the necessary supplies, tools, and apparatus necessary for the proper conduct of the Activity being performed. "Exclusive Right" means a power, privilege, or other right excluding or preventing another from enjoying or exercising a like power, privilege, or right. An exclusive right may be conferred either by express Agreement, by imposition of unreasonable standards or requirements, or by any other means. Such a right conferred on one or more parties, but excluding others from enjoying or exercising a similar right or rights, would be an exclusive right. An exclusive right to conduct an Aeronautical Activity, which is forbidden by federal regulation, is distinguished from an exclusive right to occupy real estate, which is permitted by federal regulation under certain conditions. "Fair Market Rent" means the rent a property would command in the open market as indicated by rents asked and paid for comparable property as of the date of determination. "Fair Market Value" means the price at which a property would change hands between a willing buyer and a willing seller, when there is no compulsion to buy or sell by either ' party, and both parties have reasonable knowledge of the relevant facts. I Ordinance No. 1693 Page 9 "Federal Aviation Administration" or "FAA" means the Agency within the Department of 0 Transportation of the United States government that has the responsibility of promoting safety in the air, by both regulation and education. "Fire Department" means City of Palm Springs fire fighting personnel (including ARFF personnel) who are responsible for fire fighting at the Airport. "Fixed Base Operator" or "FBO" means a Commercial Operator engaged in the sale and/or subleasing of products, services, and facilities to Aircraft Operators including, at a minimum, the following Activities at the Airport: (1) Aviation Fuels and Lubricants (Jet Fuel, Avgas, and Aircraft Lubricants) (2) Passenger, Crew, and Aircraft Ground Services, Support, and Amenities (3) Aircraft Maintenance (A) Tiedown, Hangar, Aircraft Parking, Office, and Shop "Flight Training" means any use of an Aircraft to increase or maintain pilot or crewmember proficiency rather than the use of an Aircraft as transportation between two different Airports or other destinations. Flight Training shall also include any portion of a flight between two Airports or other destinations dedicated to increase or maintain pilot or crewmember proficiency. "Flight Training Operator means a Commercial Operator engaged in providing flight instruction to the general public. "Fuel" means any substance (solid, liquid, or gaseous) used to operate any engine in Aircraft, Vehicles, or equipment. "General Aviation" means all aviation with exception of air carriers (including cargo) and government. General Aviation Aircraft are utilized for Commercial and non-commercial purposes including business, corporate, recreational/pleasure, charter/air taxi, industrial/special purpose, and instructional. "Hazardous Materials" or "Hazardous Waste" means any oil, petroleum products, flammable substances, explosives, radioactive materials, toxic wastes or substances or any other wastes, material, effluents, air contaminants or pollutants which pose a hazard to the health and safety of any person or may have detrimental effects upon the environment including land and/or Improvements at the Airport, or which are classified as hazardous materials under applicable Regulatory Measures. "Improvements" means all buildings, structures, additions, renovations, and facilities including pavement, concrete, fencing, and landscaping constructed, installed, or placed on, under, or above any land on the Airport. "Jet Fuel" means fuel commonly utilized in Turboprop and Turbojet Aircraft. Ordinance No. 1693 Page 10 "Law Enforcement Officer" means law enforcement officers of the Airport, or any other ' federal, state, or local government Agency. "Leased Premises" means the land and/or Improvements used exclusively under Agreement by Operator for the conduct of Operator's Activities. "Lessee" means an entity that has entered into an Agreement with the Airport to occupy, use, and/or develop land and/or Improvements and engage in Aeronautical Activities. "Light Aircraft" means aircraft with a maximum takeoff weight of 12,500 pounds or less. "Limited Aircraft Services and Support" means limited Aircraft, engine, or accessory support (e.g., cleaning, washing, waxing, painting, upholstery, propeller repair, etc.) or other related (miscellaneous) Aircraft services and support Activities. "Master Plan" means an assembly of appropriate documents and drawings covering the development of the Airport from a physical, economical, social, and political jurisdictional perspective and adopted by the City, a copy of which is on file and available for inspection in the Director of Aviation's office, and any amendments, modifications, revisions, or substitutions thereof. The Airport Layout Plan (ALP) is a part of the Master Plan. "Minimum Standards" means those qualifications, standards, and criteria set forth as the ' minimum requirements to be met as a condition for the right to engage in Activities at the Airport, as they may be amended from time to time. "Miscellaneous Commercial Services and Support" means ground schools, simulator training, scheduling and dispatching (flight coordination and aircrew management), or any other related (miscellaneous) Commercial services and support Activities. "Movement Area" means the runways, Taxiways, and other areas of the Airport which are utilized for taxiing/hover taxiing, air taxiing, takeoff, and landing of Aircraft, exclusive of loading ramps and parking areas. Specific approval for entry onto the movement area must be obtained from ATC. "National Fire Protection Association" or "NFPA" means all codes, standards, rules, and regulations contained in the Standards of the National Fire Protection Association, as may be amended from time to time, and are incorporated herein by reference. "Non-Commercial" means not for the purpose of securing earnings, income, compensation (including exchange of service), and/or profit- "Non-Commercial Hangar Operator" means an entity that develops, constructs, and/or owns a hangar(s) for the primary purpose of storing Aircraft used for NonCommercial purposes only. Ordinance No. 1693 Page 11 "Non-SIDA" means an area on the Airport where all persons require appropriate Non-SIDA identification. "Operations Department" means the division of the Airport responsible for Airport safety and security. "Operator" means an entity that has entered into an Agreement or Permit with the City or subleased office, shop, hangar, or land to engage in Commercial Aeronautical Activities. "Other Air Transportation Services for Hire" means non-stop sightseeing flights (flights that begin and end at the Airport and are conducted within a 25 statute mile radius of the Airport); flights for aerial photography or survey, fire fighting, and power line, underground cable, or pipe line patrol; helicopter operations relating to construction or repair work; or, other related (miscellaneous) air transportation services for hire. "Owner" means the registered legal owner of an Aircraft according to the records of the FAA or a Vehicle according to the Department of Motor Vehicle records. "Park" means the standing of an Aircraft or Vehicle, whether occupied or not, other than for the purpose of and while engaged in loading or unloading of Property and/or passengers. "Permittee" means a person or business who has written permission (Permit) from the Director of Aviation to conduct Commercial Activity, within the confines of the Permit, at the Airport. "Permit" means a written contract, executed by both parties, and enforceable by law between the City and an entity authorizing, restricting, and/or prohibiting the conduct of certain Activities at the Airport. Such Permit will recite the terms and conditions under which the Activity will be conducted at the Airport including, but not limited to, term of the Permit; fees, and charges to be paid by the entity; and the rights and obligations of the respective parties. Permits include, but may not be limited to, an approved Commercial Aeronautical Activity Application/Permit or a Non-Commercial Self-Fueling Permit. "Piston Aircraft" means an Aircraft that utilizes a reciprocating engine for propulsion. "Police Department" means the City of Palm Springs Police Department. "Private Aircraft" means Aircraft operated non-commercially by the owner(s). "Private Aircraft" includes Aircraft where one owner(s) or operator(s) share the expense of the operations of an Aircraft. Private Aircraft may be used by persons other than the.owner, provided no remuneration accrues to the owner. Company and corporately owned Aircraft that are operated for the free transportation of personnel and/or products are classified a private Aircraft and subject to the same restrictions. New and used privately Ordinance No. 1693 Page 12 owned Aircraft held for sale only may be demonstrated to prospective purchasers or, ' when sold, may be used to provide flight training to the new owner. "Private Flying Club" means an entity that is legally formed as a non-profit entity with the State of California, operates on a non-profit basis (so as not to receive revenues greater than the costs to operate, maintain, acquire and/or replace Flying Club aircraft), and restricts membership from the general public (i.e., does not advertise its membership availability to the general public). "Property" means anything that is owned by an entity. Property is divided into two types: "real property," which is any interest in land, real estate, or the Improvements on it, and ""personal property', which is everything else. "Public Area" means that area which includes the areas occupied by the various concessions, the restrooms, terminal lobby, walkway and waiting areas. "Readily Available" means conveniently located (in close proximity) and accessible, but not necessarily located on the Leased Premises. "Refueling Vehicle" means any Vehicle used for the transporting, handling or dispensing of Fuels, oils, and lubricants. "Regulatory Measures" means federal, state, county, local, and Airport, laws, codes, ' ordinances, policies, rules, and regulations, including, without limitation, those of the United States Department of Transportation, the FAA, TSA, EPA, NFPA, and the Airport Certification Manual (ACM), this Title; all as may be in existence, hereafter enacted, and amended from time to time. "Repair Station" A certificated Aircraft Maintenance facility approved by the FAA to perform specific maintenance functions. These facilities are certificated under 14 CFR Part 145. "Restricted Area" includes both the Airport Operations Area (AOA) and the Security Identification Display Area (SIDA). "Rules and Regulations" means the Rules and Regulations of the Airport, including the provisions of this Title, as may be amended from time to time, and such administrative rules and regulations as the Director may adopt for the implementation of this Title. "Security Identification Display Area" or "SIDA" means a portion of the Airport Operations Area (AOA) in which security measures are carried out and individual and vehicular identification must be displayed at all times. "Security Plan" means a document developed by Operators to ensure the safety and ' security of people and property at the Airport. Ordinance No. 1693 Page 13 "Self-Fueling" means the fueling of an aircraft by the Owner of the Aircraft, or the Owner's Employee, using the Owner's Equipment. "SPCC Plan" means a Spill Prevention, Control, and Countermeasures Plan, as may be adopted from time to time. "Specialized Aviation Service Operator" or "SASO" means a Commercial Operator that provides any one or a combination of the following Activities: Aircraft Maintenance, avionics or instrument maintenance, Aircraft rental or flight training, Aircraft charter or Aircraft management, Aircraft sales, and other Commercial Aeronautical Activities. "Standard Operating Procedures or "SOP" means written instructions, which describe procedures designed to work toward maintaining an environment. "Sterile Area" means the area in the Terminal Building beyond the security screening checkpoint(s). "Storm Water Pollution Prevention Plan or "SWPPP" means the Storm Water Pollution Prevention Plan for the Palm Springs International Airport. "Sublease" means an Agreement entered into by an entity with an Operator or Lessee that transfers rights or interests in the Operator's or Lessee's Leased Premises and is enforceable by law. "Sublessee" means an entity that has entered into a sublease with an Operator or Lessee who is authorized to engage in Commercial Aeronautical Activities at the Airport. "Support Agency" means an agency providing aircraft fueling, aircraft maintenance services and/or aircraft ground-handling services. "Taxi" means a Vehicle authorized to operate by the Sunline Transit Agency that is used in a business or concession located off Airport property for the transportation of passengers, baggage, or parcels. "Taxilane" means the portion of the Aircraft parking area used for access between Taxiways and Aprons and not under ATC control. "Taxiway" means a defined path, usually paved, over which Aircraft can taxi from one part of an airport to another(excluding the runway) and is under ATC control. "Tiedown" means an area Paved or unpaved suitable for parking and mooring of Aircraft wherein suitable Tiedown points and equipment (to facilitate aircraft tiedown) are located. Ordinance No. 1693 Page 14 "Through-the-Fence" means the right, by Agreement, to have direct access to the ' Airport from private property located contiguous to the Airport. Through-the-fence Operators, while being located off Airport property, have access to the Airport's runway and Taxiway system. "Tower" means the control facility established and operated by the FAA, including the authority exercised by the FAA for the control of aircraft and motor vehicle traffic on the airfield area of the airport and in the airspace above, and within the airport traffic area. "Transient Aircraft" means any Aircraft utilizing the Airport for occasional transient purposes and is not based at Airport. "Transportation Security Administration or "TSA" means the U-S. Federal agency established in 2001 to safeguard United States transportation systems and ensure secure air travel. "Turbojet Aircraft" means an Aircraft that utilizes one or more jet engines that have a turbine driven compressor and develop thrust from the exhaust of hot gases. "Turboprop Aircraft" means an Aircraft that utilizes a gas turbine engine to drive a set of reduction gears, which, in turn, drives a propeller for propulsion. "Vehicle" means any device that is capable of moving itself, or being moved, from place ' to place upon wheels; but does not include any device designed to be moved by human muscular power or designed to move primarily through the air. "Vehicle Operator" means any person who is in actual physical control of a Vehicle. 16.02.020 Governance. A. The Palm Springs International Airport (Airport) is owned and operated by the City and governed by and through the Palm Springs City Council. The authority to grant the occupancy and Commercial use or development of Airport land or Improvements, the right to engage in any Commercial Activity or Aeronautical Activity at the Airport, and to approve, adopt, amend, or supplement any Agreement or Permit, policy, or practice relating thereto, including this Title, is expressly reserved to the City. B. Airport Commission. The responsibilities of the airport commission shall be as provided in Chapter 2.16 of the Palm Springs Municipal Code. C. Director of Aviation. The Director of Aviation is responsible for the operation, management, maintenance, and security of the Airport and all Airport owned and operated land, Improvements, facilities, Vehicles, and equipment. The City has ' authorized and directed the Director of Aviation to: Ordinance No. 1693 Page 15 1. interpret, administer, and enforce Agreements, Permits, and these Title and to permit, where appropriate, temporary, short-term occupancy or use of certain Airport land or Improvements; and 2. obtain and receive copies of all licenses, permits, certifications, ratings, Certificates of Insurance, and other documents required to be provided to or filed with the City under this Title. 16.02.025 Compliance with Regulatory Measures and Agreements. A. All entities occupying or using, engaging in an Aeronautical Activity on, or developing Airport land or Improvements shall comply, at the entity's sole cost and expense, with all applicable Regulatory Measures including, without limitation, those of the federal, state, and local government and any other Agency having jurisdiction over the Airport, the businesses operating at the Airport, and the activities occurring at the Airport including, but not limited to, the United States Department of Transportation, the United States Department of Homeland Security, the State of California, the County of Riverside, the City of Palm Springs, and this Title; all as may be in effect and amended from time to time. B. No existing or future Agreement or Permit, nor any payment or a performance required thereunder, shall excuse any entity from full and complete compliance with this Title. C. Compliance with the Title shall not excuse any entity from full and complete compliance with any responsibility or obligation the entity may have to the City under any existing or future Agreement or Permit. 16.02.030 Conflicting Regulatory Measures and Agreements. A. If a provision of this Title is found to be in conflict with any other provision of this Title, a provision of any Regulatory Measure, or a provision of an existing Agreement or Permit (if provided for in the Agreement or Permit) or future Agreement or Permit, the provision that establishes the higher or stricter standard shall prevail. B. It is not the intent of this Title to repeal, abrogate, annul, or in any way impair or interfere with any existing provision of any Regulatory Measure except those specifically repealed by this Title. 16.02.035 Repeal of Regulatory Measures. All Airport leasing policies, rates and charges policies, minimum standards, rules and regulations, and development guidelines previously enacted and any other City ordinance or resolution in conflict with this Title are hereby repealed to the extent of the conflict. Ordinance No. 1693 Page 16 16.02.040 Land Use. ' The Director of Aviation shall designate specific areas of the Airport in which Aeronautical Activities may be conducted. Such designation shall be consistent with the Master Plan, Airport Layout Plan, and all applicable land use plans and policies of the City. 16.02.045 Right to Self-Service. A. This Title will not exercise or grant any right or privilege which operates to prevent any entity operating Aircraft on the Airport from performing any services on its own Aircraft with its own Employees (including, but not limited to, maintenance, repair, and fueling) that it may choose to perform. 1. However, individual Operators may restrict the use of their exclusive Leased Premises and each Aircraft Operator must adhere to all applicable Regulatory Measures in the performance of any services on its own Aircraft. 16.02.050 Prohibited Activities. "Through-the-Fence" Activities are prohibited at the Airport. 16.02.055 Fines. ' A. Entities shall have the responsibility to pay any fine or penalty levied against entity, the Airport, or the City, individually or collectively, and their representatives, officers, officials, employees, agents, and volunteers as a result of entity's failure to comply with any applicable Regulatory Measure. B. If the fine or penalty is contestable and contested by the entity, entity shall pay the fine or penalty when upheld by the Agency having jurisdiction. 16.02.060 Subordination. This Title are subject and subordinate to the provisions of any existing or future Agreements between the City and the State of California or the United States pertaining to the operation, management, planning, and development of the Airport and are specifically subordinated to, and to be construed as in accordance with, the Airport Assurances. 16.02.065 Notices, Requests for Approval, Applications, and Other Filings. Any notice, request for approval, application, or other filing required or permitted to be given or filed with the City and any notice or communication required or permitted ' to be given or filed with any Lessee, prospective Lessee, Sublessee, prospective Sublessee, Operator, or prospective Operator pursuant to this Title shall be in writing, Ordinance No. 1693 Page 17 writing, signed by the party giving such notice, and shall be sent by overnight courier, United States certified mail, facsimile (confirmed by dated return signature), email (confirmed by return email), or in person (confirmed with dated and signed receipt), and shall be deemed to have been given when delivered to the City, Lessee, Sublessee, or Operator at their principal place of business or such other address as may have been provided to the City. 16.02.070 Amendments. A. This Title shall be deemed an amendment of, and shall supersede all previous Regulatory Measures adopted by the City pertaining to the occupancy or use of, engaging in an Aeronautical Activity, or developing Airport land or Improvements. B. The Director of Aviation may issue special rules, regulations, notices, memoranda, directives, covenants, restrictions, or conditions from time to time as is deemed appropriate or necessary, consistent with the provisions of the Palm Springs Municipal Code and the Title. C. The Director of Aviation shall provide for public notification of pending amendments to this Title in order to provide the opportunity for public comment and input by Operators, Lessees, Sublessees, consumers, users, and the community. 16.02.075 Variance or Exemption. A. The Director of Aviation has the right, but is not obligated, to approve variances or exemptions to this Title when a specific clause, section, or provision of this Title may not be justified in a particular case because of special conditions or unique circumstances. B. Prior to approving or denying variances or exemptions, the Director of Aviation shall conduct a fair, reasonable, and not unjustly discriminatory review of all relevant information to include those items described in Section 1.18.5 of these General Provisions as well as any other information requested by the Director of Aviation- C. Approval or denial by the Director of Aviation of a variance or exemption shall be reasonable and consistent with prior decisions involving similar situations at the Airport (if any) and shall be provided in writing within ninety (90) days from the receipt of the written request. 1. If approved, the variance or exemption shall be for no longer than one (1) year and shall only apply to the special conditions or unique circumstances of the particular case for which the variance or exemption is granted. 2. An approval by the Director of Aviation of a variance or exemption shall not serve to amend, modify, or alter this Title. Ordinance No. 1693 Page 18 3. Requests for variance or exemption can also be denied in , accordance with Section 16.02.090 of this Chapter. D. When a specific product, service, or facility is not currently being provided at the Airport, the City may enter into an Agreement or Permit with an FBO or SASO with terms and conditions that may be less than those outlined in this Title (e.g., reduced rents, lower minimum standards, etc.), only for a limited period of time (i.e„ pioneering period). The duration of the pioneering period shall be specified in the Agreement or Permit and shall not be longer than one (1) year. E. Requests for variance or exemption shall be submitted in writing to the Director of Aviation and must state definitively the Primary Guiding Document and the exact clause(s), section(s), or provision(s) for which the variance or exemption is being sought, describe the proposed variance or exemption, state the reason or rationale for the proposed variance or exemption, identify potential and/or anticipated impacts on the Airport, other entities (including Operators and tenants) at the Airport, and the community, and identify the duration of the proposed variance or exemption. 1. Each variance or exemption shall be requested for and approved or denied separately. 16.02.080 Enforcement. A. The Director of Aviation shall be responsible for enforcement of this Title. ' B. Any entity who violates, disobeys, omits, neglects, or refuses to comply with this Title or any lawful order issued pursuant thereto may be cited, removed from the Airport, denied the use of the Airport, and/or prevented from engaging in Activities at the Airport and shall be subject to all legal, equitable, statutory, and common law rights and remedies available to the City including, but not limited to, actions for declaratory relief, injunctive relief, specific performance, and damages. C. Any violation of the Title shall constitute a public nuisance and any entity failing to comply with or knowingly and/or willingly violates any provision of this Title shall be guilty of a misdemeanor or infraction in accordance with Sections 1.01.140 or 1.01.150 of the Palm Springs Municipal Code and any such violation shall be subject to penalties as provided in Sections 1.01.155 or 1.01.160 of the Palm Springs Municipal Code. In addition to the above remedies, the Director may issue administrative citations pursuant to the provisions of Chapter 1.06 of the Palm Springs Municipal Code. D. In the event an entity fails to comply with this Title, the Director of Aviation shall send a written statement of violation to such entity at its last known address. The entity shall have 10 days within which to provide a statement to the Director of Aviation explaining why the violation occurred and to advise the Director of Aviation that the ' violation has been corrected. The Director of Aviation, in his or her own discretion, has the right to revoke the entity's privileges at the Airport or may suspend the operations for Ordinance No. 1693 Page 19 such period of time as is deemed necessary in order to obtain a correction of the violation. In addition, any such violations shall be considered anytime the entity submits an application, seeks permission, or requests approval (as required under the Title) from the City. The entity shall pay for any costs incurred by the City, including but not limited to attorney fees, under this paragraph. E. Violation of the Title may also or alternatively result in revocation of Apron access or use privileges, termination of any Agreement or Permit, denial of use of the Airport, and/or prosecution under the applicable Regulatory Measure. F. Any person denied use of the Airport due to a violation of this Title may only use the Airport for the purpose of enplaning or deplaning (as a passenger) Aircraft using the Airport. G. The Airport Fire Department is authorized to enforce all fire and Hazardous Materials related Regulatory Measures. H. The Police Department is authorized to enforce all Regulatory Measures within their jurisdiction. I. Unless otherwise specified in the Title, parties aggrieved by a decision of the Director of Aviation may appeal (in writing) such decision to the Palm Springs City Council within 10 days after such decision is issued. The decision of the Palm Springs City Council on such appeal shall be final. 16.02.085 Rights Reserved. A. In addition to the following rights and privileges, the City reserves the rights and privileges outlined under federal and/or state Airport Assurances as such rights and privileges may be amended from time to time_ 1. The City reserves and retains the right for the use of the Airport by others who may desire to use the same pursuant to all applicable Regulatory Measures pertaining to such use. 2. The City further reserves the right to designate specific Airport areas for Activities in accordance with the currently adopted Airport Layout Plan (ALP), Airport Master Plan, or land use plan, as may be amended from time to time. Such designation shall give consideration to the nature and extent of current and/or future Activities and the land and/or Improvements that may be available and/or used for specific Activities and shall be consistent with the safe, orderly, and efficient use of the Airport. 3. The ALP reflects an agreement with the FAA regarding the proposed allocation of Airport land and/or Improvements to specific uses and/or development. It is the policy of the City that any use, occupancy, construction, or Ordinance No. 1693 Page 20 modification of land and/or Improvements that is inconsistent with the ALP is ' undesirable. Any development that is substantially different than that depicted on the ALP could adversely affect the safe, orderly, or efficient use of the Airport. While the City may consider making application to the FAA for approval of the revision of the ALP on behalf of a prospective Operator, nothing contained in this Title shall require or obligate the City to make such application. 4. The City reserves the right to develop and make any improvements and/or repairs at (or to) the Airport that it deems necessary. The City will provide advance notice of the date and time that such development, improvements, and/or repairs will be made. The City shall not be obligated to reimburse or compensate any Operator, Sublessee, or other entity for any expense incurred or loss of revenue (or inconvenience) that may result from such development, improvement, and/or repair. 5. The City reserves the right to prohibit any entity from using the Airport or engaging in Activities at the Airport (and/or revoke or suspend any privileges granted to any entity) upon determination by the City that such Operator has not complied with this Title, applicable Regulatory Measures, directives issued by the City, or has otherwise jeopardized the safety or security of entities utilizing the Airport or the land and/or Improvements located at the Airport. 6_ The City reserves the right to lease the Airport or portions thereof during war or national emergency to the United States government for military use. If such lease is executed, the provisions of such lease including, without limitation, the City's obligations and the Operators obligations, to the extent they are inconsistent with said lease, shall be suspended. 7. The City will not enter into an Agreement or Permit that will require the City to relinquish the right to take any action the City considers necessary to protect the aerial approaches of the Airport against obstruction or to prevent an entity from erecting or permitting to be erected any facility or other structure which might limit the usefulness of the Airport or constitute a hazard to Aircraft. 8. The City will not enter into an Agreement or Permit that requires the City to waive any sovereign, governmental, or other immunity to which the City may be entitled nor shall any provision of any Agreement or Permit be so construed or that would require the City to submit to the laws of any state other than those of the State of California. 9. The City is under no obligation to provide financing and/or make any improvements to Airport land and/or Improvements to facilitate any development proposed by a prospective Operator. 10. While the City may choose to pursue federal, state, or other ' available funds to contribute to the development, the City is under no obligation to do Ordinance No. 1693 Page 21 so. In addition, the City is under no obligation to provide matching funds if required to secure such funding. 11. The City reserves the right to take such actions as it may deem necessary, appropriate, and/or in the best interest of the City to preserve the assets of the City, protect the safety and security of the people who work at and use the Airport, and maintain the integrity of the City's mission (purpose), vision, and values. 116.02.090 Grounds for Denial. A. The Director of Aviation may reject any proposal (including requests for variances or exemptions) or any application for any one or more of the following reasons: 1. The entity, for any reason, does not fully meet the qualifications, standards, and requirements established by the City. The burden of proof shall be on the entity and the standard of proof shall be by clear and convincing evidence. 2. The entity's proposed Activities and/or Improvements will create a safety or security hazard at or on the Airport. 3. The City would be required to expend funds and/or supply labor and/or materials in connection with the proposed Activities and/or Improvements that the City is unwilling and/or unable to spend and/or will result in a financial loss or hardship to the City or the Airport. 4. No appropriate, adequate, or available land and/or Improvement exists at the Airport to accommodate the proposed Activity of the entity (at the time the proposal or application are submitted), nor is such availability contemplated within a reasonable time frame. 5. The proposed Activities and/or Improvements do not comply with the Master Plan of the Airport, the ALP, or the land use plan then in effect or anticipated to be in effect within the time frame proposed by the entity. 6. The development or use of the land requested by the entity will result in a congestion of Aircraft and/or the Improvements will, in the sole discretion of the Director of Aviation, unduly interfere with Activities of any existing Operator on the Airport and/or prevent adequate access to the Leased Premises of any existing Operator. 7. The entity has intentionally or unintentionally misrepresented or omitted material fact in the proposal, on the application, and/or in supporting documentation. Ordinance No. 1693 Page 22 8. The entity has failed to make full disclosure in the proposal, on the ' application, and/or in supporting documentation. 9. The entity or an officer, director, agent, representative, shareholder, or employee of the entity has a record of violating the Regulatory Measures of the City (or any other airport sponsor), the FAA, or any other Regulatory Measure applicable to the Airport and/or the entity's proposed Activity. 10. The entity or an officer, director, agent, representative, shareholder, or employee of the entity has defaulted in the performance of any Agreement, Permit, or Sublease at the Airport or at any other airport. 11. The entity does not exhibit adequate financial responsibility or capability to undertake and sustain the proposed Activity. 12. The entity cannot provide a performance bond or applicable insurance in the type and amounts required by the City for the proposed Activity. 13. The entity or an officer or director of Applicant has been convicted of a felony. 14. The entity's proposed Activity has been or could be detrimental to the Airport. ' 15. The entity seeks terms and conditions which are inconsistent with City's policies or any request for proposal (or any other invitation for proposals) issued by the City. 16. The entity's interests and/or the proposed Activity or use is inconsistent with the Airport's mission (purpose), vision, values, goals, or objectives; the best interest of the City; or, any grant assurances. Chapter 16.04 GENERAL RULES AND REGULATIONS Sections: 16.04.005 Access to, Entry Upon, or Use of Airport 16.04.010 Restricted Areas 16.04.015 Sterile Area. 16.04,020 Airport Identification Badge 16.04.025 Security 16.04.030 Commercial Activities 16,04.035 Restricted Activities 16.04.040 Self-Servicing ' 16.04.045 Accidents 16.04.050 Solicitation, Picketing, and Demonstrations Ordinance No. 1693 Page 23 16.04.066 Signage and Advertisements 16.04.060 General Conduct 16.04.065 Operator and Lessee Facilities 16.04.070 Abandoned, Derelict, or Lost Property 16.04.075 Use of Roadways and Walkways 16.04.080 Animals 16.04.085 Weapons and Explosives 16.04.090 Alcoholic Beverages 16.04.095 Use of Public Areas 16.04.100 Trash Receptacles 16,04.105 Sound Amplifying Devices 16,04.110 Fire 16.04.115 Hazardous Materials 16.04.120 Environmental (Hazardous Materials) Clean Up 16,04,125 Painting 16.04.130 Flammable Solids and Liquids 16.04.135 Emergency Conditions 16.04,140 Special Events 16.04.005 Access to Entry Upon, or Use of Airport. A. Access to or entry upon the Airport shall be made only at locations designated by the Director of Aviation. B. Any permission granted directly or indirectly, expressly or implied, to any entity to access, enter upon, and/or use the Airport (including, but not limited to, Aircraft Operators; Vehicle Operators; Aircraft crewmembers and passengers; spectators and sightseers; occupants of private and commercial Vehicles; officers, employees, and customers of Operators and Lessees; any entity doing business with the City of Palm Springs (City), its contractors, subcontractors, and licensees; and any other entity) is conditioned upon: 1. Full and complete assumption of responsibility by any entity taking advantage of such permission; 2. Full and complete compliance with these Rules and Regulations, all other Title, and all applicable Regulatory Measures; and 3. The taking off or landing of Aircraft at the Airport shall constitute an agreement by the Aircraft owner or operator to comply fully and completely with these Rules and Regulations. C. Any entity accessing, entering upon, or using the Airport shall, at all times, defend, indemnify, save, protect, and hold harmless City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and Ordinance No. 1693 Page 24 collectively, and their representatives, officers, officials, employees, agents, and volunteers, and any other representative of the City (individually and collectively) including, but not limited to, the Director of Aviation from any and all responsibility, liability, loss, or damage arising from or related to the entity's activities at the Airport and/or the manner in which the Airport is constructed, maintained, operated, managed, or used- D. Nothing herein contained shall be construed to limit the use of any area of the Airport by the City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers, and any other representative of the City (individually and collectively) or to prevent any Federal Aviation Administration personnel, Department of Homeland Security personnel, Transportation Security Administration personnel, Police Department personnel, or Airport Fire Department personnel from acting in their official capacity. E. The City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers, and any other representative of the City (individually and collectively) shall not be responsible for loss, injury, or damage to persons or Property on the Airport by reason of fire, theft, vandalism, wind, flood, earthquake, collision, natural disasters, or other acts of God. F. Any person accessing, entering upon, or using the Airport shall be fully ' and completely responsible for their actions and all actions of any person to whom they provide or facilitate access to the Airport, whether directly or indirectly. Any and all Airport property damaged or destroyed shall be paid for by the entity or entities responsible for such damage or destruction- G. No person shall, in the use of the Airport or the Improvements located at the Airport, discriminate or permit discrimination against any other person or group of persons on the basis of race, color, religion, sex, age, disability, sexual orientation or national origin in any manner prohibited by Part 21 of the Regulations of the Office of the Secretary of Transportation and Title VI of the Civil Rights Act of 1964. 16.04.010 Restricted Areas A. Access or entry to a Restricted Area, which includes the Airport Operations Area (AOA) and the Security Identification Display Area (SIDA), is limited to persons under appropriate supervision or escort or persons with a proper and current identification badge approved by the Director of Aviation. Examples of persons authorized access or entry to a Restricted Area include: 1. Authorized Employees or authorized representatives of the City; ' 2. Authorized Lessees and Sublessees; Ordinance No. 1693 Page 25 3. Owners and operators of based Aircraft; 4. Authorized Commercial Operators and the vendors, suppliers, contractors, or designated Employees of such Operators who have a need, as determined by the Director of Aviation, to conduct business in a Restricted Area of the Airport; 5. Personnel from the government agencies who are responsible for implementing the City"s Emergency Response Plan for the Airport; and 6. Employees or representatives of the FAA, DHS, or TSA. B. No person shall enter a Restricted Area without prior authorization of the Director of Aviation. 116.04.015 Sterile Area. Access or entry to the Sterile Area at the Airport is limited to persons who have been screened by TSA personnel and possess a valid boarding pass/ticket, Sterile Area Worker (SAW) badge, SIDA badge, or persons under appropriate supervision and escort by a person with an approved SIDA badge. i i 16.04.020 Airport identification Badge. i A. Persons requiring access or entry to a Restricted Area or Sterile Area at the Airport (who do not have a valid boarding pass/ticket) shall complete and submit an Airport Identification Badge Application form to the Director of Aviation. Airport Identification Badge Applications are available from the Operations Department. B. Prior to accessing or entering a Restricted Area, persons shall possess an approved Airport Identification Badge which may be either a SIDA badge or Non-SIDA badge as may be appropriate. C. Prior to obtaining Airport Identification Badges for Employees of Operators or Lessees, an Authorization Signature Letter listing at least one (1) person who is authorized to request Airport Identification Badges for the Operator or Lessee shall be submitted to the Director of Aviation. D. Prior to obtaining an approved SIDA badge, SAW badge, or a Non-SIDA badge, a person must successfully complete a fingerprint based Criminal History Records Check (CHRC). E. All persons desiring or in possession of an approved Airport Identification Badge shall complete all City training requirements as may be amended by the City from time to time. Ordinance No. 1693 Page 26 F. All fees and/or charges must be paid in advance by any person seeking to ' obtain or renew an Airport Identification Badge. 16.04.025 Security. A. All persons on or at the Airport shall fully comply with the City of Palm Springs Department of Aviation's Airport Security Program (ASP). B. Security gates that provide access to the AOA shall be kept closed and locked at all times except when actually in use. C. Vehicle Operators shall stop the Vehicle and allow the gate to fully close before proceeding. The Vehicle Operator shall also ensure that no other Vehicles or persons gain access to the Airport while the gate is in the process of closing or while not fully closed. If the Vehicle Operator cannot prevent such access, the Vehicle Operator shall immediately notify the Operations Department. D, Tampering with, interfering with, or disabling a lock or closing mechanism or breaching any other securing device at the Airport is prohibited. E. Persons who have been provided either a code or device for the purpose of obtaining access to a Restricted Area shall only use Airport issued code or device and shall not, under any circumstances, divulge, duplicate, or otherwise distribute the same to any other person unless the Director of Aviation provides prior written permission, F. An authorized person with security media shall only admit himself or herself into a secured area or security identification display area and shall not "piggy back;" that is, admit another person who is otherwise authorized with security media into a secured area or security identification display area. "piggy backing" is in violation of the Airport Security Program. F. Persons who fail to comply with these provisions may be denied access to the Airport (i.e., such persons may have access or driving privileges revoked) and/or be fined or penalized in accordance with these Rules and Regulations. 16.04.030 Commercial Activities. A. Any entity desiring to engage in a Commercial Aeronautical Activity at the Airport shall complete and submit a Commercial Aeronautical Activity Application/Permit to, and receive approval from, the Director of Aviation prior to conducting the desired Activity. The Permit process is described in Section 12 of the Airport's Minimum Standards. A copy of the Airport's Minimum Standards can be obtained from the Director of Aviation. ' Ordinance No. 1693 Page 27 B. Any entity engaging in Commercial Aeronautical Activities must adhere to (fully comply with) the Airport's Minimum Standards. C. Any entity basing or otherwise maintaining an Aircraft at the Airport shall not permit said Aircraft to be used for a Commercial Aeronautical Activity unless such Commercial Aeronautical Activity is expressly authorized by Agreement with the City. Notwithstanding the foregoing, such Aircraft may be used by the Aircraft owner for the purpose of training or otherwise maintaining or increasing the flying proficiency of the Aircraft owner or members of the owner's immediate family. D. Any entity desiring to engage in Commercial photography or filming at the Airport shall obtain a City Photography/Filming Permit approved by the City's Parks and Recreation Department and the Director of Aviation prior to engaging in such activity. 16.04.035 Restricted Activities. Sky diving and operation of ultralights, balloons, and gliders are prohibited at the Airport. 16.04.040 Self-Servicing. A. In accordance with the Airport's Storm Water Pollution Prevention Plan (SWPPP), Aircraft Operators are permitted to wash, maintain, repair, or otherwise service their own Aircraft (utilizing their own Vehicles and Equipment and products), provided there is no attempt to perform such services for others and further provided that such right is conditioned upon compliance with these Rules and Regulations and all other applicable Regulatory Measures. B. An Aircraft Operator may hire an individual (as an Employee) to service the Operator's Aircraft. Such individual must be supervised by the Aircraft Operator. C. Such services may only be provided by a direct Employee of the Aircraft Operator utilizing the Vehicles and Equipment and products owned by the Operator. D. Otherwise, Aircraft Operators are only permitted to have their Aircraft fueled, maintained, repaired, or otherwise serviced by those Operators and Lessees authorized to provide such services at the Airport under an Agreement with the City. 16.04.045 Accidents, A. Any person involved in or witnessing an Aircraft or Vehicle Accident on the Airport resulting in any injury (or death) to person or damage to Property shall immediately call "911". Such person shall also notify the Operations Department, ' remain at the scene, and respond to the inquiries of and fully cooperate with City, emergency, and/or investigative personnel. Ordinance No. 1693 Page 28 B. No person shall tamper with an Accident scene or fail to comply with any ' directive issued by the Director of Aviation, the Police Department, the Airport Fire Department, or any other Agency having jurisdiction over the Accident scene. C. Unauthorized entry into Movement Areas to access an Accident scene is prohibited. 16.04.050 Solicitation, Picketina, and Demonstrations. Conduct of or participation in solicitation, picketing, parading, marching, patrolling, demonstrating, sit-ins, sit-downs, and/or assembling, carrying, distributing, or displaying pamphlets, signs, placards, or other materials on the Airport shall only be conducted in those areas identified by the Director of Aviation_ 16.04.055 Shmage and Advertisements. A. Signs, advertisements, notices, circulars, and/or handbills may only be posted, displayed, or distributed only in locations approved by the Director of Aviation. B. The posting, display, or distribution of signs, advertisements, notices, circulars, and/or handbills on Aircraft, Vehicles, or Equipment is strictly prohibited. 16.04.060 General Conduct. A. No person shall make, possess, use, offer for sale, pass, and/or deliver any forged or falsely altered pass, permit, identification, card, sign, and/or other authorization purporting to be issued by or on behalf of the City_ B. No person shall use or otherwise conduct himself upon any portion of the Airport in any manner contrary to the directions posted in or for that area. C. Destroying, damaging, injuring, defacing, disturbing, or tampering with Property on the Airport is prohibited. Any person who causes damage to Property on the Airport shall be liable for such damage. D. Injuring, disturbing, or harassing any person on the Airport is prohibited. Any person who causes injury to any person on the Airport shall be liable for such injuries. E. Smoking or carrying lighted cigars, cigarettes, or pipes in any public use area of the Airport, except in areas specifically designated by the Director of Aviation and posted as public smoking areas, is strictly prohibited. F. No person shall be intoxicated; commit any disorderly, obscene, lewd, ' indecent, or unlawful act; or commit any act of nuisance (including the use of abusive or threatening language) on the Airport. Ordinance No. 1693 Page 29 G. Loitering or loafing on the Airport or in any public building on the Airport is strictly prohibited. H. No person shall engage in, conduct, aid in, or abet any form of gambling on the Airport; except that entities authorized, through an Agreement with the City are permitted to engage in such activities or games and then only to the extent that such activities or games are approved by the California Lottery. I. Moving, tampering, starting, using, or interfering with the safe operation of any Aircraft or Vehicle or any Aircraft or Vehicle part, instrument, or tool without permission of the Aircraft or Vehicle Operator or by specific direction of the Director of Aviation is strictly prohibited. J. No person shall ride, walk, sit, or stand on the baggage conveyor system (or any portion or part thereof). K. No person shall use an escalator, elevator, or wheelchair for any purpose other than the purpose for which it is designed and intended and then only in the manner specified by the manufacturer. L. No person shall engage in activities that are, as determined by the Director of Aviation, disruptive to the users of the Airport and/or that creates a hazard or risk of injury to Airport users. M. The Airport shall not be used to store non-aviation merchandise, supplies or equipment, or to wash clothes, camp or stay overnight, or, for any improper, objectionable or immoral purposes as determined by the Director of Aviation. 16.04.065 Operator and Lessee Facilities. Operator and Lessee facilities are expressly reserved for the conduct of the Operator's or Lessee's business and operations. No person other than Employees and customers of the Operator or Lessee shall make use of such facilities or loiter on such premises without the permission of the Operator or Lessee. 16.04.070 Abandoned, Derelict, or Lost Property. A. Property shall not be Abandoned on the Airport. B. Abandoned, derelict, or lost Property found in public areas at the Airport including, without limitation, Aircraft, Vehicles, Equipment, machinery, baggage, or portions or parts thereof should be immediately reported to the Director of Aviation. C. Property not claimed by its owner within 90 days may be legally disposed of or sold at auction with the proceeds belonging to the City. Notice of auction (sale) specifying the Property to be sold and the date and place of sale shall be published in at Ordinance No. 1693 Page 30 least one (1) publication distributed in the County of Riverside at least 10 days before , auction (sale) of Property and not more than 15 days from the first publication. D. Property to which the owner or finder is not entitled to lawful possession shall be forfeited to the Director of Aviation for disposal in accordance with the provisions of applicable Regulatory Measures_ B. Nothing in Section 16.04.070 shall be construed to deny the right of Operators and Lessees to maintain a "Lost and Found" service for Property of their customers, patrons, invitees, and/or employees. F. Should the level of security at the Airport be increased pursuant to federal, state, and/or local government requirements, Property found in the public areas of the Airport shall be handled in accordance with the TSA-approved Airport Security Program or other United States Government approved security program. 16.04.075 Use of Roadways and Walkways. A. No person shall travel on the Airport other than on the roadways, walkways, or other places provided specifically for a particular class of traffic. B. No person shall occupy roadways, walkways, or other places provided specifically for a particular class of traffic in such a manner as to hinder or obstruct proper and safe use. C. Walkways along roadways (and other portions of such roadway, when designated specifically for this purpose) may be used by pedestrians as a means of ingress and egress to, from, and between various portions of the Airport. 16.04M0 Animals. A. No person shall bring onto the Airport animals, birds, reptiles, or insects, except for special assistance or law enforcement dogs, unless destined for air transport and restrained by a leash or container. Domestic pets may be permitted to enter the terminal building so long as the animal is controlled by a leash, shipping container, or some other means of direct physical restraint, unless the animal is a Seeing-eye dog or an animal properly confined for shipment. B. Horseback riding on the Airport is prohibited unless approved in writing by the Director of Aviation. C. No person, except those authorized by the Director of Aviation, shall intentionally hunt, pursue, trap, catch, injure, maim, or kill any bird or animal on the Airport. ' Ordinance No. 1693 Page 31 16.04.085 Weapons and Explosives. A. Only duly authorized security personnel; duly authorized post office, Airport, and air carrier employees; law enforcement personnel, or members of the armed forces of the United States or the State of California on official duty shall carry any weapons, tear gas, mace or similar material, or explosives in the Airport Terminal Building, the SIDA, or other public areas of the Airport. B. Firearms transported in Vehicles and Aircraft that are broken down in a non-functioning state, stored in a locked container for the purposes of shipping for legal recreational uses, and not immediately accessible, are allowed. The owner of such firearms must comply with all Regulatory Measures and transport such firearms in a proper and safe manner. C, Discharge of any weapon on the Airport is prohibited, except in the performance of official duties or in the lawful defense of life or property. D. No person shall store, keep, handle, use, dispose of, or transport on the Airport any Class A or Class B explosives or Class A poison (as defined in the Interstate Commerce Commission Regulation for transportation of explosives and other dangerous articles), any other poisonous substances (solid, liquid, or gas), compressed gas, or radioactive article, substance, or material at such time or place or in such manner or condition that may unreasonably endanger persons or Property or would be likely to do so. E. No person shall possess or ignite Class C explosives (i.e., fireworks, firecrackers, etc.) at the Airport with exception of explosives that may be used by the Operations Department or other authorized personnel for wildlife management or control purposes. 16.04.090 Alcoholic Beverages. Consumption or possession of intoxicating liquors is prohibited except in places approved for on-premises liquor consumption or at such times and locations as specifically approved in writing by the Alcohol Beverage Commission and the Director of Aviation. 16.04.095 Use of Public Areas. A. No person shall use a restroom other than in a clean and sanitary manner. B. Spitting on, marking, or defacing the floors, walls, windows, ceilings, or any other surface of the Airport is prohibited. Ordinance No. 1693 Page 32 C. Use of the public area in any facility or in any area of the Airport for ' sleeping or other purposes in lieu of a hotel, motel, or other accommodations is prohibited unless authorized by the Director of Aviation- D. The City reserves the right to exclude or expel any person who, in the judgment of the Director of Aviation or an employee of the Operations Department, is intoxicated or under the influence of liquor or drugs or violates any provision of these Rules and Regulations or any other applicable Regulatory Measure. 16.04.100 Trash Receptacles. A. Trash (which includes, but is not limited to, rubbish, garbage, refuse, discarded paper, boxes, crates, and litter of any kind) shall not be placed, discharged, or deposited on the Airport except in designated trash receptacles. 13_ Trash shall not be brought onto the Airport to be deposited in designated trash receptacles. C. The Director of Aviation shall designate the location for trash receptacles. No other areas of the Airport shall be utilized for the deposit of trash. 1. Such areas shall be kept clean and sanitary at all times. 2. Trash receptacles shall be emptied with sufficient frequency to prevent overflowing and shall be cleaned with sufficient frequency to prevent the development of offensive odors. 3. Trash receptacles shall be equipped with securely fastened lids. D, The burning of trash of any kind at the Airport is prohibited. With the prior written permission of the Director of Aviation, Aircraft Rescue and Fire Fighting (ARFF) personnel may engage in training exercises that require controlled burning. 16.04.105 Sound Amplifying Devices. A. Sound amplifying devices are prohibited on the Airport except when approved by the Director of Aviation- B. Only those types of public address systems that are commonly employed to announce the arrival and departure of scheduled Aircraft shall be permitted for use in the Airport Terminal Building. C. No person shall use or cause to be used the Airport public address system for the solicitation of business. The Airport public address system shall only be used in accordance with individual Operator or Lessee Agreements or Permits. Ordinance No, 1693 Page 33 16.04.110 Fire. A. Entities engaged in any activity at the Airport, whether occupying Airport owned land and/or Improvements or otherwise, shall comply with all applicable Regulatory Measures and all fire codes and practices recommended by the National Fire Protection Association (NFPA) and with all Airport Fire Regulations that may be issued by the City, unless otherwise directed or authorized in writing by the City to deviate from same. B. Entities shall comply with all directives issued by the Director of Aviation and/or the Airport Fire Department regarding the removal of fire hazards, arrangement or modification of Vehicles or Equipment, or altering operating procedures considered unsafe from a fire prevention standpoint. C. Entities using the Airport or the land and/or Improvements located at the Airport shall exercise the utmost care to guard against fire and injury to persons or damage to Property. D. Smoking, matches, lighters, or any open flames are prohibited within 50 feet of any Aircraft, refueling Vehicle, fuel storage facility, or any Aircraft being fueled or defueled. E. Open flames of any kind are prohibited without the prior written permission of the Director of Aviation and the Airport Fire Department. This excludes open flames utilized by Lessees and Operators in the performance of Aircraft Maintenance approved by Agreement or Permit. F. Any hostile fires (regardless of the size of the fire or whether or not the fire has been extinguished) shall be reported immediately to "911" and then to the Operations Department. G. No person shall tamper with any fire extinguisher or related Equipment at the Airport or use the same for any purpose other than fire prevention or fire fighting. All such equipment shall be in conformity with all fire codes and practices recommended by the NFPA and may be inspected by the Operations Department or Airport Fire Department at any time. Tags showing the date of the last inspection shall be attached to each unit. H. No person shall block or modify any self-closing fire door at the Airport or do anything which would interfere or prevent its closing in the event of a fire. 16.04.115 Hazardous Materials. A. No entity shall store, keep, handle, use, dispense, discharge, or transport at or on the Airport any Hazardous Materials in contravention of any Regulatory Measure. Proper permits must be obtained from the appropriate Agency, copies must Ordinance No. 1693 Page 34 be provided to the Director of Aviation, and prior written permission must be obtained ' from the Director of Aviation. 1. Advance notice of at least 24 hours shall be given to the Director of Aviation to permit full investigation and clearance for any operation requiring a waiver of this provision. Permission may be given to movements of Hazardous Materials only when such materials are properly packed, marked, labeled and limited as required by Federal Regulations applicable to transportation of Hazardous Materials and only if such materials will not create a hazard to persons or property at the Airport. 2. If the storage of Hazardous Material is approved at the Airport, it must be placed in suitable receptacles with self-closing covers that are properly secured. 3. Material Safety Data Sheets (MSDS) for all Hazardous Materials shall be maintained on site so as to be readily available to emergency responders in the event of an emergency and for review by the Director of Aviation, the Operations Department, and the Airport Fire Department. 4. No entity shall use, keep or permit to be used or kept, any foul or noxious gas or substance at the Airport, that is offensive or objectionable to the Director of Aviation, Operations Department personnel, or the Airport Fire Department, B. Hazardous Materials (including, but not limited to used or spent oil, ' lubricant, grease, dope, paint, varnish, lacquer, solvent, acid, fuel, and any other hazardous liquids or fluids) shall be disposed of in a manner consistent with these Rules and Regulations, the SWPPP, the Uniform Fire Code, and all other applicable Regulatory Measures. 1. Hazardous Materials shall not be disposed of or dumped in drains, on Aprons, in catch basins, in ditches, or elsewhere on the Airport. 2. Used or spent engine oil shall be disposed of only at waste oil stations or disposal points approved by the Operations Department, C. All empty cans, jars, bottles, and other containers for oil, lubricant, grease, dope, paint, varnish, lacquer, solvent, acid, fuel, or other similar material or substance shall be removed from the Airport in a timely manner, as determined by the Director of Aviation and/or the Operations Department, and shall not remain on the floor, wall stringers, or overhead storage areas of hangars, offices, shops, or other buildings. D. Hazardous Materials shall not be stored in close proximity to operating Aircraft, Vehicles, or sources of heat nor be in excess of amounts actually needed as current stock. All Hazardous Material shall be kept enclosed and covered in a clearly , marked and properly labeled container, the type and design of which must meet the approval of the Director of Aviation and the Airport Fire Department. Ordinance No. 1693 Page 35 1. Secondary containment is required for the storage of aviation fuels, automotive gasolines, oils, solvents, and/or Hazardous Materials being stored in drums or receptacles. 2. Aviation fuels, automotive gasolines, or deicing fluids in quantities greater than five (5) gallons shall not be stored at the Airport without the prior written permission of the Director of Aviation and the Airport Fire Department. E. No Hazardous Materials shall be disposed of on the ground or into the air at the Airport during Aircraft preflight inspections. F. Any person who experiences a release of Hazardous Materials shall fully and completely comply with Section 1.27 of these Rules and Regulations. 16.04A20 Environmental (Hazardous Materials) Clean Up. A. The party responsible for an environmental incident (to include the overflowing or spilling of oil, lubricant, grease, dope, paint, varnish, lacquer, solvent, acid, Fuel, or other Hazardous Material anywhere on the Airport) is responsible for the immediate mitigation and cleanup of the spill, proper disposal of the substance(s), and immediate notification of the Airport Fire Department and the Operations Department. B. Should the Director of Aviation determine that during the course of an environmental incident the responsible party is not capable of, has not, or refuses to take the appropriate action in a timely manner to mitigate the adverse environmental incident (in the sole discretion of the Director of Aviation), then the Director of Aviation reserves the right to take action and/or employ those services that the Director of Aviation determines appropriate to control and/or clean up the site at the cost and expense of the responsible party without liability to the city. C. For any hazardous spill, the Airport Fire Department and the Director of Aviation shall be immediately notified. Hazardous spills that require reporting include, but are not limited to, jet fuel, aviation gasoline, automotive gasoline, fuel oil, hydraulic oil, motor oil, turbine oil, alcohol, glycol, and all similar chemicals or substances that could be considered hazardous. D. In the event a hazardous spill occurs, regardless of the amount of the spill, the responsible party shall take appropriate action in the containment of the spill and the clean up, mitigation, and rehabilitation of the spill site. The following procedures shall be implemented in the event of a hazardous spill. E. Spills of less than five (5) gallons that do not compromise public safety, the responsible party shall: 1. Stop the source of the spill immediately; Ordinance No. 1693 Page 36 2. Determine the threat to the immediate public and make any ' arrangements to secure the safety of the immediate public (i.e. evacuation); 3. Contain the spill with appropriate absorbent material(s); 4. Block all storm water drains in the immediate area to prevent/stop the spill from flowing into the drain(s); 5. Make a written record of all of the details of the spill; and 6. Contact the Operations Department. Airport personnel will determine when to call the Airport Fire Department, the California Department of Health, and/or the California Environmental Protection Agency. F. Spills in excess of five (5) gallons, but less than 25 gallons or any spill causing an immediate threat to public safety. In addition to following all of the procedures in the Minor Spill response (Section 16.04.120E), the responsible party shall: 1. Assess the damage to the land and/or ground water with Airport Operations Department personnel; and 2. Provide to the Director of Aviation within five (5) days of the spill a ' written summary of the spill- G. Spills in excess of 25 gallons which may pose a serious threat to the public safety. In addition to following all of the procedures, the responsible party shall: 1. Provide to the Director of Aviation within five (5) days of the spill a written summary of the spill which shall also identify the measures that the responsible party will take to eliminate the potential for such a spill in the future; and 2. Operators and Lessees with fueling capability or responsibility for maintenance of fuel systems shall have on hand at all times sufficient containment booms to form a barrier around the spill. Additionally, Operators and Lessees shall have sufficient absorbent material(s), booms, blankets, pads, pillows, and other clean-up materials available to pick up the spilled product and store it in a sealed container(s) until proper disposal can be effected. The salvage drum(s) shall be approved by the Department of Transportation (DOT) (DOT-E-10102). 16.04.125 Painting. Doping processes, painting, or paint stripping shall be performed only in those ' facilities specifically approved for such activities and then only in full and complete compliance with the Uniform Fire Code and the Airport's SWPPP. Ordinance No. 1693 Page 37 16.04.130 Flammable Solids and Liquids. A. Flammable materials (solid and liquids) shall only be used or stored in full and complete compliance with all applicable Regulatory Measures including the Uniform Fire Code and the Airport's SWPPP. i B. The use of flammable, volatile liquids having a flash point of less than 100 degrees Fahrenheit is prohibited unless such operations are conducted in open air or in a room specifically set aside and approved for the purpose for which the liquid is being used. The room must be properly fireproofed and equipped with adequate and readily accessible fire-extinguishing apparatus- C. The procedures and precautions outlined in the criteria of NFPA Pamphlet No. 30 (Flammable and Combustible Liquids Code), NFPA Pamphlet No. 410D (Safeguarding Aircraft Cleaning, Painting and Paint Removal), and NFPA Pamphlet No. 4.10E (Aircraft Cabin Cleaning and Refurbishing Operations) shall be strictly adhered to in all cleaning, painting, refurbishing, and other operations using flammable liquids including the storage of such liquids. 16.04.135 Emergency Conditions. ' A. Emergency conditions at the Airport shall not mitigate or cancel these Rules and Regulations. B. During such conditions, the Aircraft Operators and/or Vehicle Operators shall make certain that the Aircraft or Vehicle is not moved in any direction unless specifically cleared by the ATC, Director of Aviation, and/or authorized representatives of the City. C. No person shall enter upon the landing areas, Aprons, or taxiways of the Airport for the purpose of attending, observing, or assisting at the scene of an Accident except persons requested or permitted to do so by the ATC, Director of Aviation, and/or authorized representatives of the City. D. Permits issued under these Rules and Regulations shall be rendered invalid until the emergency situation has been fully and completely resolved and normal operations have resumed at the Airport. E. Emergency procedures for the Airport may be issued at the discretion of the Director of Aviation. F. The Director of Aviation shall determine when normal operations may resume. Ordinance No, 1693 Page 38 16.04.140 Special Events. A. Special events shall not be held unless prior written approval is obtained from the Director of Aviation and all other agencies having jurisdiction over the event. B. Written authorization shall specify the areas of the Airport authorized for such special use, the dates and duration of such use, and any other terms and conditions deemed necessary by the Director of Aviation and any other agency having jurisdiction over the event. Chapter 16.06 GENERAL AVIATION MINIMUM STANDARDS 16.06,005 Purpose and Scope 16.06.010 Exclusive Rights 16.06.015 Applicability 16.06.020 Experience/Capability 16.06.025 Agreement or Permit Approval 16.06.030 Payment of Rents, Fees, and Charges 16.06,035 Leased Premises 16.06.040 Products, Services, and Facilities 16.06.045 Non-Discrimination 16.06,050 Licenses, Permits, Certifications, and Ratings 16.06.055 Personnel 16.06.060 Aircraft, Equipment, and Vehicles 16.06.065 Hours of Activity 16.06.070 Security 16.06.076 Insurance 16.06.080 Indemnification and Hold Harmless 16.06,085 Taxes 16.06.090 Multiple Activities 16,06.005 Purpose and Scope. A. The purpose of these General Aviation Minimum Standards (Minimum Standards) is to encourage, promote, and ensure: (1) the delivery of high quality General Aviation products, services, and facilities to Airport users, (2) the design and development of quality General Aviation Improvements and facilities at the Airport; (3) safety and security, (4) the economic health of General Aviation Airport businesses, and (6) the orderly development of Airport property. To this end, all entities desiring to engage in General Aviation Aeronautical Activities at the Airport shall be accorded reasonable opportunities, without unjust discrimination, to engage in such Activities, subject to these Minimum Standards, Ordinance No. 1693 Page 39 B. Aeronautical Activities may be proposed that do not fall within the categories designated herein. In any such cases, appropriate minimum standards shall be established by the Director of Aviation on a case-by-case basis for such Activities and incorporated into the Operator's Agreement or Permit. C. Specialized Aviation Service Operators (SASO) are encouraged to be Sublessees of a Fixed Base Operator (FBO); however, if suitable land or Improvements are not available or cannot be secured from an FBO, SASOs. may (if available) Sublease Improvements from another SASO, lease land from the City and may submit a request in writing to the City to construct Improvements on such land in such areas designated by the City, or lease available Improvements from the City. 16.06.010 Exclusive Rights A. In accordance with the Airport Assurances given to the federal or state government by the City as a condition to receiving federal or state funds, the granting of fights or privileges to engage in Commercial Aeronautical Activities shall not be construed in any manner as affording an Operator any Exclusive Right, other than the exclusive use of the land and/or Improvements that may be leased to the Operator, and then only to the extent provided in an Agreement. B. The presence on the Airport of only one entity engaged in a particular Commercial Aeronautical Activity does not, in and of itself, indicate that an Exclusive Right has been granted. It is the policy of the City not to enter into or promote an understanding, commitment, or express agreement to exclude other reasonably qualified entities. Accordingly, those who desire to enter into an Agreement or Permit with the City should neither expect nor request that the City exclude others who also desire to engage in the same or similar Activities. The opportunity to engage in a Commercial Aeronautical Activity shall be made available to those entities meeting the qualifications and the requirements set forth in these Minimum Standards and as space may be available at the Airport to support such Activity provided such use is consistent with the current and planned uses of Airport land and Improvements and is in the best interest of the City. C. If the FAA determines that any provision of these Minimum Standards (or any Agreement or Permit) or any practice constitutes a grant of a prohibited Exclusive Right, such provision (or Agreement or Permit) shall be deemed null and void and/or such practice shall be discontinued immediately. 16.06.015 Applicability A. These Minimum Standards specify the standards and requirements that must be met by any entity desiring to engage in one or more General Aviation Aeronautical Activities at the Airport. Throughout these Minimum Standards, the words "standards" or '"requirements" shall be understood to be modified by the word "minimum" except where explicitly stated otherwise. Any required determinations, interpretations, or judgments regarding what constitutes an acceptable minimum Ordinance No, 1693 Page 40 standard, or regarding compliance with such standard, shall be made by the ' Director of Aviation. All entities are encouraged to exceed the applicable minimum standards. No entity shall be allowed to engage in Aeronautical Activities at the Airport under conditions that do not, in the City's discretion, meet these Minimum Standards. B. These Minimum Standards shall apply to any new Agreement or Permit or any amendment to any existing Agreement or Permit relating to the occupancy and/or use of Airport land and/or Improvements for General Aviation Aeronautical Activities. If an entity desires, under the terms of an existing Agreement or Permit, to change its Aeronautical Activities, the City shall, as a condition of its approval of such change, require the entity to comply with these Minimum Standards. 1. These Minimum Standards shall not affect any Agreement or Permit or amendment to such Agreement or Permit properly executed prior to the date of promulgation of these Minimum Standards except as provided for in such Agreement or Permit, in which case these Minimum Standards shall apply to the extent permitted by such Agreement or Permit. 2. Upon termination of an existing Agreement or Permit or any amendment to or assignment of an existing Agreement or Permit, Operator shall be required to comply with these Minimum Standards upon execution of a new Agreement or Permit. 3. These Minimum Standards shall not be deemed to modify any ' existing Agreement or Permit under which an entity is required to exceed these Minimum Standards, nor shall they prohibit the City from entering into or enforcing an Agreement or Permit that requires an entity to exceed the Minimum Standards. C. If these Minimum Standards are amended after Operator enters into an Agreement or Permit with the City, the Operator shall not be required to increase Operator's Leased Premises or construct additional Improvements to be in compliance with the amended Minimum Standards until such time as Operator amends the existing Agreement (or makes an assignment to another entity acceptable to the City) or Permit or enters into a new Agreement or Permit. D. All Operators engaging in Aeronautical Activities at the Airport shall meet or exceed the requirements of this Chapter as well as the minimum standards applicable to the Operators Activities, as set forth in Chapters 16.06.08 through 16.06.030 inclusive. 16.06.020 Experience/Capability Operator shall, in the judgment of the City, demonstrate before and during the term of the Agreement or Permit, the following: , Ordinance No. 1693 Page 41 1. The capability of providing the proposed products, services, and facilities and engaging in the proposed Activities in a safe efficient, courteous, prompt, and workmanlike manner in service to and to the benefit of the general public; and 2. The financial and technical responsibility, capability, and integrity to develop and maintain Improvements; procure and maintain required Vehicles, Equipment, and/or Aircraft; employ the appropriate number of qualified and experienced personnel; and engage in the Activity. %06.025 Agreement or Permit Approval. A. No entity shall engage in an Activity unless the entity has an Agreement or Permit with the City authorizing such Activity or the entity has received written approval from the City to Sublease land or Improvements from an authorized Operator and conduct the Activity at the Airport. B. An Agreement or Permit shall not reduce or limit Operator's obligations with respect to these Minimum Standards. i i 16,06.030 Payment of Rents, Fees, and Charges. A. Operator shall pay the rents, fees, or other charges specified by the City for engaging in Activities. B. Operator's failure to remain Current in the payment of any and all rents, fees, charges, and other sums due to the City shall be grounds for revocation of the Agreement, Permit, or approval authorizing the conduct of Activities at the Airport. 16.06.035 Leased Premises. A. Operator shall lease or Sublease sufficient land and/or lease, Sublease, or construct sufficient Improvements for the Activity as stipulated in these Minimum Standards. B. Leased Premises that are used for Commercial purposes and require public access shall have direct public streetside access. C. Aprons/Paved Tiedowns (if required) must be adequate size and weight bearing capacity to accommodate the movement, staging, and Parking of Operators, Operators Sublessees', and customers' Aircraft without interfering with the movement of Aircraft in and out of other facilities and Aircraft operating to/from/on Taxilanes or Taxiways. ' D. Aprons associated with hangars shall be equal to one and one-half times the hangar square footage (unless otherwise specified in the Title) or be able to Ordinance No. 1693 Page 42 accommodate the movement of Aircraft into and out of the hangar, staging, and Parking ' of customer and/or Operator Aircraft without interfering with the movement of Aircraft in and out of other facilities and Aircraft operating to/from/on Taxilanes or Taxiways, whichever requirement is greater. E. Paved Vehicle Parking shall be sufficient to accommodate all of Operator's and Operator's Sublessees' (if Subleasing facilities) customers, employees, visitors, vendors, and suppliers Vehicles on a daily basis- F. Paved Vehicle Parking shall be on Operators Leased Premises and/or located in close proximity to Operator's main facility. G. On-street Vehicle Parking is not allowed, 16,06.040 Products, Services, and Facilities A. Products, services, and facilities shall be provided on a reasonable, and not unjustly discriminatory, basis to all consumers and users of the Airport. B. Operator shall charge reasonable, and not unjustly discriminatory, prices for each product, service, or facility, provided that, Operator may be allowed to make reasonable discounts, rebates, or other similar types of price reductions to volume purchasers. C. Operator shall conduct its Activities on and from the Leased Premises in a safe, secure, efficient, and first class professional manner consistent with the degree of care and skill exercised by experienced operators providing comparable products, services, and facilities and engaging in similar Activities from similar Leased Premises in like markets. 16.06.045 Non-Discrimination Operator shall not discriminate against any person or class of persons by reason of race, creed, color, national origin, sex, age, or physical handicap in providing any products or services or in the use of any of its facilities provided for the general public, or in any manner prohibited by applicable Regulatory Measures including without limitation Part 21 of the Rules and Regulations of the office of the Secretary of Transportation effectuating Title VI of the Civil Rights Act of 1964, as amended or reenacted. 16.06.050 Licenses, Permits, Certifications, and Ratings A. Operator and Operators personnel shall obtain and comply with, at Operator's sole cost and expense, all necessary licenses, permits, certifications, or ' ratings required for the conduct of Operator's Activities at the Airport as required by the City or any other duly authorized Agency prior to engaging in any Activity at the Airport. Ordinance No. 1693 Page 43 Upon request, Operator shall provide copies of such licenses, permits, certifications, or ratings to the Director of Aviation within 10 business days. B. Operator shall keep in effect and post in a prominent place, readily accessible to the general public, all necessary or required licenses, permits, certifications, or ratings. 16,06.055 Personnel A. The person managing the Operator's Activities shall demonstrate experience managing a comparable Activity. B. Operator shall provide a responsible person on the Leased Premises to supervise Activities and such person shall be qualified and authorized to represent and act for and on behalf of Operator during all hours of Activities with respect to the method, manner, and conduct of the Operator and Operator's Activities. When such responsible person is not on the Leased Premises, such individual shall be immediately available by telephone or pager. C. Operator shall have in its employ, on duty, and on the Leased Premises during hours of Activity, properly trained, qualified, and courteous personnel in such . numbers as are required to meet these Minimum Standards and to meet the reasonable demands of the aviation public for each Activity being conducted in a safe, secure, efficient, courteous, and prompt manner. D. Operator shall control the conduct, demeanor, and appearance of their employees. It shall be the responsibility of the Operator to maintain close supervision over Operator's employees to ensure that a high standard (quality) of products, services, and facilities are provided in a safe, secure, efficient, courteous, and prompt manner. I 16.06.060 Aircraft. Equipment, and Vehicles. i A. All required Aircraft, Equipment, and Vehicles must be fully i operational/functional and available at all times and capable of providing all required products and services. B. Aircraft, Equipment, and Vehicles can be temporarily unavailable due to routine or emergency maintenance so long as appropriate measures are taken to return the Aircraft, Equipment, or Vehicle to service as soon as possible. C. Operator shall have a least one required Aircraft, Equipment, and/or Vehicle in a fully operational/functional condition at all times. Ordinance No. 1693 Page 44 16.06,065 Hours of Activitv ' Hours of activity shall be clearly posted in public view using appropriate (and professional) signage approved in advance by the Director of Aviation. 16.06.070 Security A. Operator shall fully comply with the City of Palm Springs, Department of Aviation's Airport Security Program (ASP). B. Operator shall designate a responsible person for the coordination of all security procedures and communications and provide point-of-contact information to the Airport Security Coordinator including the name of the primary and secondary contacts and 24-hour telephone numbers for both contacts. C. Operator shall develop and maintain a written Security Plan which shall include, at a minimum, the following elements: 1. Procedures for securing facilities, Vehicles, Equipment, and Aircraft during hours of operation and after hours; 2. Employee background checks as required by the ASP and security awareness training including procedures for reporting suspicious personnel or situations to the proper law enforcement agencies; 3. Customer, visitor, and baggage identification; 4. Procedures for preventing tampering of Aircraft; 5. Procedures for handling threats by phone and in person; 6. Procedures for controlling access to Operator's Leased Premises and ensuring that Vehicles and personnel allowed to access through Operator's access point(s) are authorized and properly identified, or they are handled under an escort procedure approved by the Airport Security Coordinator or other approved method of control, as approved by the Airport Security Coordinator; 7. Procedures for securing unattended Aircraft; 8. Procedures prohibiting passengers or baggage from being left unattended in or near Aircraft, within the public-restricted areas of the Airport (Air Operations Area), or within the Security Identification Display Area (SIDA); and 9. Procedures for transient flight crew members and passengers including: Ordinance No. 1693 Page 45 a. Ensuring proper escort or other method of control approved by the Airport Security Coordinator; b. Crewmember contact information and verification procedures; and C. Verification of pilot's certificate and government-issued photo ID for flight crewmembers. Vendor procedures including: a. Positive identification of all vendors having access to the Leased Premises; b. Security check-in procedures for all vendors; and G. Procedures for ensuring all vendors are aware of security requirements for the Operator's facility. D. Operator's Security Plan shall be submitted to the Airport Security Coordinator for review and approval no later than 30 days before Operator commences Activities at the Airport (and it shall be resubmitted any time changes are made). E. Operator shall maintain and secure Operator's fencing, doors, gates, and locks at all times. F. Aircraft Rental and Flight Instruction Operators must positively identify new students and renter pilots. G. All Operators are required to keep an active log of keys, access cards, and other media issued that allows access to Operator's Leased Premises or identifies authorized persons. The log shall be made available to the Airport Security Coordinator upon request, and any lost or stolen access/identification media shall be reported to the Airport Security Coordinator immediately. H. All Operators must comply with all applicable reporting requirements (as established by the City, FAA, TSA, and law enforcement Agencies). 16.06.075 Insurance. A. Operator shall procure, maintain, and pay premiums during the term of an Agreement or Permit for insurance policies required by Regulatory Measures and the types and minimum limits as may be established by the Director of Aviation from time to time. The insurance company or companies underwriting the required policies shall be licensed (with a Best rating of A-7) and authorized to write such insurance in the State of California. Ordinance No. 1693 Page 46 B. When coverages or limits as established by the Director of Aviation are ' not commercially available, appropriate replacement coverages or limits must be approved, in advance, by the Director of Aviation. C. When Operator engages in more than one Activity, the minimum limits shall be established by the Director of Aviation and may vary depending upon the nature of each Activity or combination of Activities, but shall not necessarily be cumulative in all instances. While it may not be necessary for Operator to carry insurance policies for the combined total of the minimum requirements of each Activity, Operator shall procure and maintain insurance for all exposures in amounts at least equal to the greatest of the required minimum or as established by the City. D. All insurance, which Operator is required to carry and keep in force, shall name City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers as additional insured- E. Liability policies shall contain, or be endorsed to contain, the following provisions: 1. "City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers are to be covered as additional insured with respect to: liability arising out of Activities performed by or on behalf of Operator; products and services of Operator; premises owned, leased, occupied, or used by Operator; or vehicles, equipment, or aircraft owned, leased, hired, or borrowed by Operator. Any insurance or self-insurance maintained by the City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers shall be excess of Operators and shall not contribute with it"; 2. "Any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers. Operator's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the aggregate limits of the insurer's liability'; and 3. "Coverage shall not be suspended, voided, or cancelled by either party or reduced in coverage or in limits except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City of Palm Springs." R Certificates of Insurance for the insurance required by Regulatory ' Measures and set forth by these Minimum Standards for each Activity shall be delivered to the City upon execution of any Agreement, Permit, or approval. Operator shall furnish Ordinance No. 1693 Page 47 additional Certificates of Insurance 30 days prior to any changes in coverage. Current proof of insurance shall be continually provided to the City throughout the term of the Agreement or Permit. G. The limits stipulated herein for each Activity represent the minimum coverage and policy limits that shall be maintained by the Operator to engage in ,Activities at the Airport. Operators are encouraged to secure higher policy limits- H. Any self-insured Operator shall furnish evidence of such self-insurance and shall hold the City, the Palm Springs International Airport, and the Palm Springs City Council harmless in the event of any claims or litigation arising out of its Activities at the Airport. Such evidence shall be reviewed and approved in writing by the city. I. Operator shall, at its sole cost and expense, cause all Improvements on the Leased Premises to be kept insured to the full insurable value (current replacement cost with no depreciation) thereof against the perils of fire, lightning, wind, hail, earthquake, flood, extended coverage, and/or vandalism. The proceeds of any such i insurance paid on account for any of the aforementioned perils, shall be used to defray the cost of repairing, restoring, or reconstructing said facilities or Improvements to the i condition and location existing prior to the casualty causing the damage or destruction, unless a change in design or location is approved in writing by the City. i 16.06.080 Indemnification and Hold Harmless. A. Operator shall defend, indemnify, save, protect, and hold harmless City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, administrative proceedings, arbitration, or costs at any time received, incurred, or accrued by the City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers as a result of, or arising out of Operator's actions or inaction. In the event a party indemnified hereunder is in part responsible for the loss, the indemnitor shall not be relieved of the obligation to indemnify; however, in such a case, liability shall be shared in accordance with California principles of comparative fault. B. The Operator shall accept total responsibility, indemnify, and hold harmless the City of Palm Springs, the Palm Springs International Airport, and the Palm Springs City Council, individually and collectively, and their representatives, officers, officials, employees, agents, and volunteers in the event of an environmental contaminating accident or incident caused by Operator, its employees, its vendors or any other personnel used by the Operator to maintain Operators facilities, Vehicles, Equipment, or Aircraft. Ordinance No. 1693 Page 48 16.06.085 Taxes. ' Operator shall, at its sole cost and expense, pay all taxes, fees, and other charges that may be levied, assessed, or charged by any duly authorized Agency associated with Operator's Leased Premises (land and/or Improvements), Operators Improvements on Leased Premises, and/or Operator's Activities. 16.06.090 Multiple Activities. A. When more than one Activity is conducted at the Airport, the minimum standards shall be established by the Director of Aviation. B. Depending upon the nature of the combined Activities, the minimum standards shall not be: 1. Less than the highest standard for each element (e.g., land, hangar, office, shop, etc.) within the combined Activities; or 2. Greater than the cumulative standards for all of the combined Activities. Chapter 16.08 FIXED BASE OPERATOR Sections: 16.08.005 General Requirements 16.08.010 Leased Premises 16.08.015 Fuel Storage 16.08.020 Fueling Equipment 16.08.025 Equipment and Personnel 16.08.030 Hours of Activity 16.08.035 Aircraft Removal 16.08.040 Insurance 16,08.005 General Requirements, A. In addition to the General Requirements set forth in Chapter 16.06, each Fixed Base Operator at the Airport shall comply with the following minimum standards set forth in this Section 3. B. Unless otherwise stated in these Minimum Standards, all products and services shall be provided by FBO's Employees using FBO's Vehicles and Equipment. C. FBO's products and services shall include the following: Ordinance No, 1693 Page 49 1. Aviation Fuels and Lubricants (Jet Fuel, Avgas, and Aircraft Lubricants): a. FRO shall deliver and dispense, upon request, Jet Fuel, Avgas, and Aircraft lubricants into all General Aviation Aircraft frequenting the Airport; and b. FRO shall provide a response time of no more than 15 minutes during required hours of activity. 2. Passenger, Crew, and Aircraft Ground Services, Support, and Amenities: a. FRO shall meet, direct, and park all Aircraft arriving on FRO's Leased Premises; b. FRO shall provide courtesy transportation, utilizing FRO's Vehicles, for passengers, crew, and baggage, as necessary; Q. FRO shall provide parking and Tiedown of Aircraft upon the FRO's Leased Premises; d. FRO shall provide hangar storage of Aircraft, to include towing service; e. FRO shall provide arrival and departure services for Aircraft using FRO's Leased Premises including crew and passenger baggage handling; f. FRO shall provide oxygen, nitrogen, and compressed air services; g. FRO shall provide lavatory services; h. FRO shall provide aircraft ground power units; and i. FRO shall make available crew and passenger ground transportation arrangements (Limousine, shuttle, and rental car); FRO shall make Aircraft catering arrangements. 3. Aircraft Maintenance: a. FRO shall provide Aircraft Maintenance (as defined in 14 CFR Part 43) for Group I and Group 11 Piston and Turboprop Aircraft; Ordinance No. 1693 Page 50 b. FBO shall be able to provide Aircraft Line Maintenance for ' General Aviation Aircraft up to Group III Turbojet Aircraft not exceeding 100,000 pounds maximum takeoff weight; c. FBO shall engage in the sale of Aircraft parts and accessories; and d. FBO can meet these Minimum Standards for the provision of Aircraft Maintenance by and through an authorized Sublessee who meets the minimum standards for Aircraft Maintenance Operator and operates from the FBO's Leased Premises. 4. Aircraft Storage: a. FBO shall develop, own, and/or lease facilities for the purpose of Subleasing (to the general public) Aircraft storage facilities and associated office or shop space to entities engaging in Commercial or Non-Commercial Aeronautical Activities. 16.08.010 Leased Premises. FBO shall have adequate land (see Section 2.5.1), Apron/Paved Tiedown (see Section 2.5.2), facilities (hangars, terminal, maintenance, and Fuel storage), and ' Vehicle Parking (see Section 2.5.3) to accommodate all Activities of FBO and all approved Sublessees, but not less than the following: A. Contiguous Land-twenty-five (25) acres (1,089,000 square feet), upon which all required Improvements including Apron, Paved Tiedown, facilities, and Vehicle Parking shall be located. B. Apron - ten (10) acres (435,600 square feet), with a weight bearing capacity adequate to accommodate an Aircraft with a maximum takeoff weight of 260,000 pounds (dual wheel)- C. Paved Tiedown - adequate to accommodate the number, type, and size of Based Aircraft and Transient Aircraft requiring Tiedown space at the Operator's Leased Premises, but not less than twenty (20) Paved Tiedown spaces. D. Facilities - 79,500 square feet (total) consisting of the following: 1_ Terminal space - 8,000 square feet Customer area shall be at least 3,500 dedicated square feet to include adequate space for crew and customer Iounge(s), flight planning room, , conference room, public use telephones, and restrooms. Ordinance No. 1693 Page 51 Administrative area shall be at least 2,000 dedicated square feet to include adequate space for employee offices/work areas and storage. Rental office space shall be at least 2,500 dedicated square feet to include adequate space for Sublessees. 2. Maintenance area - 11,500 square feet Maintenance customers shall have immediate access to FBO's customer lounge, public use telephones, and restrooms. Administrative area for Maintenance shall be at least 500 dedicated square feet to include adequate space for Maintenance Employee offices/work areas. Maintenance area shall be at least 1,000 dedicated square feet to include adequate space for Maintenance Employee work areas, shop areas, and storage for Aircraft parts and equipment. Maintenance hangar area shall not be less than 10,000 square feet (on a standalone basis or within another structure) and a door height of 28 feet and door width of 120 feet, or large enough to accommodate the largest Aircraft undergoing Aircraft Maintenance (other than Preventative Aircraft Maintenance as described in 14 CFR Part 43), whichever is greater. 3. Aircraft storage area - 60,000 square feet At least 60,000 square feet of hangar space shall be dedicated to Aircraft Storage. No single hangar shall be less than 10,000 square feet and each hangar shall, at a minimum, have a door height of 28 feet and a width of 120 feet. E. Vehicle Parking - Sufficient space to accommodate at least 90 Vehicles 16.08.015 Fuel Storage. A. FBO shall construct or install and maintain an on-Airport aboveground Fuel storage facility at the Airport, unless otherwise authorized or required, in a location consistent with the Airport Master Plan, Airport Layout Plan, or other land use plan and approved by the City. B. Fuel storage facility shall have total capacity for three days peak supply of aviation Fuel for Aircraft being serviced by FBO. In no event shall the total storage capacity be less than: 1. 40,000 gallons for Jet Fuel storage; 2. 10,000 gallons for Avgas storage; Ordinance No. 1693 Page 52 3. FBO shall have adequate storage, with appropriate secondary ' containment, for waste Fuel or test samples; and 4. FBO shall also demonstrate the capability of expanding its Fuel storage capacity within a reasonable time period. C. FBO shall, at its sole cast and expense, maintain the Fuel storage facility, all Improvements thereon, and all appurtenances thereto, in a clean, neat, orderly, and fully operational/functional condition consistent with good business practice and equal or better than in appearance and character to other similar Improvements on the Airport. D. FBO shall demonstrate that satisfactory arrangements have been made with a reputable aviation petroleum supplier/distributor for the delivery of aviation Fuels in the quantities that are necessary to meet the requirements set forth herein. E. FBO shall have a written Spill Prevention, Control, and Countermeasures Plan ("SPCC Plan") that meets Regulatory Measures for aboveground Fuel storage facilities. An updated copy of the SPCC Plan shall be filed with the Director of Aviation at least 30 days prior to commencing operations. F. FBO shall be liable and indemnify the City for all leaks, spills, or other damage that may result through the handling and dispensing of Fuel. G. Fuel delivered/dispensed by FBO shall meet quality specifications as ' outlined in ASTM D 1655 (Jet A) and ASTM D 1910 (Avgas). Ensuring the quality of the Fuel is the responsibility of FBO. H. FBO shall report all Fuel delivered to the FBO, including total gallons of Fuel delivered by type and make, during each calendar month and submit a summary along with appropriate fees and charges due the City on or before the 10th day of the subsequent month. I. FBO shall maintain records identifying the total number of aviation Fuel gallons purchased and delivered. Records (and meters) shall be made available for audit to the City or representatives of the City. In the case of a discrepancy, FBO shall promptly pay, in cash, all additional rates, fees, and charges due the City, plus annual interest on the unpaid balance at the maximum rate allowable by law from the date originally due. 16.08.020 Fueling Equipment. A. FBO shall have three (3) Jet Fuel Refueling Vehicles with one (1) having a capacity of at least 5,000 gallons and the other two (2) having a capacity of at least 2,000 gallons. , Ordinance No. 1693 Page 53 B. FBO shall have two (2) Avgas Refueling Vehicles having a capacity of at beast 750 gallons. An FBO may have only one Avgas Refueling Vehicle if FBO has a written agreement with another (separate) FBO at the Airport to provide Avgas Fueling services at times when the FBO's Refueling Vehicle is unavailable or unable to meet the required response time. 1. Agreement must be on file with the Director of Aviation- C. Aircraft Refueling Vehicles shall be equipped with metering devices that meet all applicable Regulatory Measures_ At least one Refueling Vehicle dispensing Jet Fuel shall have over-the-wing and single point Aircraft servicing capability. All Refueling Vehicles shall be bottom loaded. D. Fueling Equipment shall be equipped and maintained to comply with all applicable safety and fire prevention requirements, standards, and Regulatory Measure including, without limitation, those prescribed by: 1. State of California Fire Code and local Fire District; 2. National Fire Protection Association (NFPA) Codes; 3. California Department of Health and Environment Oil Inspection Regulatory Section; 4. 14 CFR Part 139, Airport Certification, Section 139,321 "Handling/Storing of Hazardous Substances and Materials"; and 5. Applicable FAA Advisory Circulars (AC) including AC 00-34 "Aircraft Ground Handling and Servicing" and AC 150/5210-5 "Painting, Marking and Lighting of Vehicles Used On An Airport"_ 16.08.025 Equipment and Personnel. A. FBO shall have the following equipment: 1. Adequate equipment for securing Aircraft on the Apron including ropes, chains, and other types of Aircraft restraining devices and wheel chocks which are required to safely secure Aircraft as described in FAA Advisory Circular 20-35C; 2. One (1) oxygen cart, one (1) nitrogen cart, and one (1) compressed air unit; 3. One (1) courtesy vehicle (capable of accommodating seven passengers) to provide transportation of passengers, crews, and baggage to and from destinations on the Airport and local area resorts, hotels, and restaurants; Ordinance No. 1693 Page 54 4. One (1) ramp transportation vehicle to provide transportation of ' passengers and baggage between the FBO's terminal building and Aircraft; 5. Two (2) Aircraft tugs (and tow bars) with at least one having a rated draw bar capacity sufficient to meet the towing requirement of the heaviest General Aviation Aircraft frequenting the Airport; 6. Two (2) ground power units capable of providing electricity to direct current (DC) powered Aircraft; 7. One (1) lavatory service cart; 8. Spill kits including the necessary equipment and materials to contain a Fuel spill and keep it from flowing into drains or other areas; 9. Adequate number of approved and regularly inspected dry chemical fire extinguisher units shall be maintained within all hangars, on all Apron areas, at all Fuel storage facilities, and on all grounding handling and Refueling Vehicles; and 10. All Equipment reasonably necessary for the proper performance of Aircraft Maintenance in accordance with applicable FAA regulations and manufacturers' specifications. ' B. Personnel, while on duty, shall be clean, neat in appearance, courteous, and at all times, properly uniformed. Uniforms shall identify the name of the FBO and the employee and shall be clean, neat, professional, and properly maintained at all times. Management and administrative personnel shall not be required to be uniformed- C. FBO shall develop and maintain Standard Operating Procedures (SOP) for Fueling and ground handling and shall ensure compliance with standards set forth in FAA Advisory Circular 00-34A "Aircraft Ground Handling and Servicing." FBO's SOP shall include a training plan, Fuel quality assurance procedures and associated record keeping, and emergency response procedures to Fuel spills and fires. FBO's SOP shall also address: regular safety inspections, bonding and fire protection; public protection; control of access to Fuel storage facilities; and marking and labeling of Fuel storage tanks and Refueling Vehicles. FBO's SOP shall be submitted to the Director of Aviation no later than 30 days before the FBO commences Activities at the Airport (and it shall be resubmitted anytime changes are made). D. FBO shall have three (3) properly trained and qualified Employees, on each shift, providing Aircraft Fueling, Parking, and ground services and support. One (1) supervisory Employee shall have been trained in an FAA approved fire safety program (14 CFR Part 139.321). ' Ordinance No. 1693 Page 55 E. FBO shall have two (2) properly trained and qualified Employees, on each shift (except from the hours of 10:00 PM to 6:00 AM), to provide customer service and support. F. FBO (or approved Sublessee) shall have one (1) Airframe and Powerplant Mechanic properly trained and qualified to perform Aircraft Maintenance on Aircraft frequenting the Airport. 116.08.030 Hours of Activity. A. Aircraft Fueling and passenger, crew, and aircraft ground handling services, support, and amenities shall be continuously offered and available to meet reasonable demands of the general public for this Activity between the hours of 6:00 a.m. and 10:00 p.m. seven days a week (including holidays). These services shall also be available all other times (after hours), on call, with a response time not to exceed 60 minutes. B. Aircraft Maintenance shall be continuously offered and available to meet reasonable demand of the general public for this Activity between the hours of 8:00 a.m. and 5:00 p.m. five days a week. C. Aircraft Maintenance shall be available all other times (after hours), oncall, with response time not to exceed 60 minutes. 16.08,035 Aircraft Removal. Recognizing that Aircraft removal is the responsibility of the Aircraft Owner/Operator, the FBO shall be prepared to lend assistance within 30 minutes upon request by either the Director of Aviation or the Aircraft Owner in order to maintain the operational readiness of the Airport. The FBO shall prepare an Aircraft removal plan and have the Equipment Readily Available that is necessary to remove the General Aviation Aircraft frequenting the Airport. 16.08.040 Insurance. FBO shall maintain, at a minimum, the coverage and limits of insurance set forth in Section 16.06.075 of this Code. Chapter 16.10 AIRCRAFT MAINTENANCE OPERATOR (SASO) Sections: 16.10.005 General Requirements 16-10.010 Leased Premises 16.10.015 Licenses and Certification Ordinance No. 1693 Page 56 16.10.020 Personnel ' 16.10.025 Equipment 16.10.030 Hours of Activity 16.10.035 Insurance 16,10.005 General Requirements. A_ An Aircraft Maintenance Operator is a Commercial Operator engaged in providing Aircraft Maintenance (as defined in 14 CFR Part 43) for Aircraft other than those owned, leased, and/or operated by (and under the full and exclusive control of) the Operator, which includes the sale of Aircraft parts and accessories. B. In addition to the General Requirements set forth in Chapter 16.04, each Aircraft Maintenance Operator at the Airport shall comply with the following minimum standards set forth in this Chapter- C. FBOs shall comply with the minimum standards set forth in Chapter 16.08 associated with Aircraft Maintenance, 16,10.010 Leased Premises. A. Operator engaging in this Activity shall have adequate land Apron/Paved , Tiedown, facilities, and Vehicle Parking to accommodate all Activities of the Operator and all approved Sublessees, but not less than the following square footages, which are not cumulative: Group I Group II Group I Group EI Group III Piston and Piston and Turbojet Turbojet Turbojet Turboprop Turboprop Aircraft Aircraft Aircraft Aircraft Aircraft Contiguous land (Lessee Only) 21,780 SF 23,000 SF 26,500 SF 36,000 SF 51,000 SF Customer Area (Lessee) 400 SF 400 SF 400 SF 400 SF 400 SF Customer Area (Sublessee) Accessible Accessible Accessible Accessible Accessible Administrative 300 SF 300 SF 300 SF 300 SF 300 SF Area Maintenance 500 SF 500 SF 500 SF 500 SF 500 SF Area Hangar 5,000 SF 6,500 SF 7,500 SF 10,000 SF 15,000 SF B. All required Improvements including Apron, facilities, and Vehicle Parking shall be located on Contiguous Land- C. Facilities shall include customer, administrative, maintenance, and hangar ' areas. Ordinance No. 1693 Page 57 1. Customer area shall include adequate space for (or in the case of a Sublessee, immediate access to) customer lounge, public use telephone, and restrooms. 2. Administrative area shall include adequate and dedicated space for employee offices1work areas and storage. 3. Maintenance area shall include adequate and dedicated space for i employee work areas, shop areas, and storage for Aircraft parts and equipment. 4. Hangar area shall be at least equal to the square footage required for the type of Aircraft Maintenance being provided (as identified above) or large enough to accommodate the largest Aircraft undergoing Aircraft Maintenance (other than Preventative Aircraft Maintenance as described in 14 CFR Part 43), whichever is greater. This requirement does not apply to Aircraft Line Maintenance Activities, 16.10.015 Licenses and Certification. All Operators' personnel shall be properly certificated by the FAA, current, and hold the appropriate ratings and medical certification for the work being performed. 16,10,120 Personnel, A. Operator shall provide a sufficient number of personnel to adequately and safely carry out Aircraft Maintenance in a courteous, prompt, and efficient manner and meet the reasonable demands of the public for this Activity. B. Operator shall employ one (1) Airframe and Powerplant Mechanic and one (1) customer service representative as Employees (on each shift). Airframe and Powerplant Mechanics may fulfill the responsibilities of the customer service representative unless mechanic is performing duties off Airport. C. Operators providing 100 hour, annual, or phase inspections shall employ an Airframe and Powerplant Mechanic certified as an IA . (Inspection Authority). 16.10.025 Equipment. A. Operator shall provide sufficient Equipment, supplies, and availability of parts. B. Equipment requirements include that equipment needed to safely accommodate the largest customer Aircraft serviced, such as tugs, tow bars, jacks, dollies, and other equipment, supplies, and parts required to perform the Activity. Ordinance No, 1693 Page 58 16.10.030 Hours of Activity. , Operator shall be open and services shall be available to meet reasonable demands of the general public for this Activity, at least five days a week, eight hours a day and available all other times (after hours), on-call, with response time not to exceed 60 minutes. 16.10.035 Insurance, Operator shall maintain, at a minimum, the coverage and limits of insurance set forth in Section 16.06.075 of this Code. Chapter 16.12 AVIONICS OR INSTRUMENT MAINTENANCE OPERATOR (SASO) Sections: 16A2.005 General Requirements 16.12,010 Leased Premises 16.12.015 Licenses and Certifications 16.12.020 Personnel 16.12.025 Equipment 16.12,030 Hours of Activity 16.12.035 Insurance 16.12.005 General Requirements. In addition to the General Requirements set forth in Chapter 16.04, each Avionics or Instrument Maintenance Operator at the Airport shall comply with the following minimum standards set forth in this Chapter. 16.12.010 Leased Premises. A. Operator engaging in this Activity shall have adequate land, Apron, and Vehicle Parking pursuant to this Title to accommodate all Activities of the Operator and all approved Sublessees, but not less than the square footages identified in subsection B below, which are not cumulative. B. For Operators performing services beyond benchwork (i.e., removal and replacement services are being performed), the minimums, which are based upon the type of Aircraft avionics or instruments being tested and/or repaired, are as follows: I Ordinance No. 1693 Page 59 Group I Group II Group I Group II Group III j Piston Piston and Turbojet Turbojet Turbojet i and Turboprop Aircraft Aircraft Aircraft Turboprop Aircraft Aircraft Contiguous land (Lessee Only) 21,780 SF 23,000 SF 26,500 SF 36,000 SF 51,000 SF Customer Area (Lessee) 400 SF 400 SF 400 SF 400 SF 400 SF Customer Area (Sublessee) Accessible Accessible Accessible Accessible Accessible Administrative Area 300 SF 300 SF 300 SF 300 SF 300 SF Maintenance Area 500 SF 500 SF 500 SF 500 SF 500 SF Hangar 5,000 SF 6,500 SF 7,500 SF 10,000 SF 15.000 SF C. All required Improvements including Apron, facilities, and Vehicle Parking shall be located on Contiguous Land. D. Facilities shall include customer, administrative, maintenance, and hangar (if required) areas. 1. Customer area shall include adequate space for customer lounge, public use telephone, and restrooms. 2. Administrative area shall include adequate and dedicated space for employee offices/work areas and storage. 3. Maintenance area shall include adequate and dedicated space for employee work areas, shop areas, and storage for Aircraft parts and equipment. 4. Hangar area shall be at least equal to the square footage stipulated for the type of service being provided (as identified above) or large enough to accommodate the largest Aircraft undergoing avionics or instruments, and/or removal and replacement services, whichever is greater. For Operators performing just benchwork (i.e. no removal and replacement services are being performed), hangar area is not required. 16.12.015 Licenses and Certifications. A. An Operator performing avionics or instrument maintenance on Group I and/or Group II Turboprop or Turbojet Aircraft shall be properly certificated as an FAA Repair Station, as defined by 14 CFR Part 145. B. Personnel shall be properly certificated by the FAA and FCC, current, and hold the appropriate ratings and medical certification for the work being performed. Ordinance No. 1693 Page 60 16.12.020 Personnel. ' A. Operator shall provide a sufficient number of personnel to adequately and safely carry out Activity in a courteous, prompt, and efficient manner adequate to meet the reasonable demands of the public seeking such services. B. Operator shall employ one (1) technician (avionics technician and/or instrument technician, as applicable) and one customer service representative as Employees (on each shift). Technician may fulfill the responsibilities of the customer service representative unless technician is performing duties off-Airport. 16.12.025 Equipment. Operator shall provide sufficient shop space, Equipment, supplies, and availability of parts to safely accommodate its largest serviced Aircraft. 16.12.030 Hours of Activity. Operator shall be open and services shall be available to meet the reasonable demands of the general public for this Activity five days a week, eight hours a day and available all other times (after hours), on-call, with response time not to exceed 60 minutes. 16.12.035 Insurance. , Operator shall maintain, at a minimum, the coverage and limits of insurance set forth in Section 16.06.075 of this Code. Chapter 16.14 AIRCRAFT RENTAL OR FLIGHT TRAINING OPERATOR (SASO) Sections: 16.14.005 General Requirements 16.14.010 Leased Premises 16.14.015 Licenses and Certifications 16.14.020 Personnel 16.14.025 Equipment 16.14.030 Hours of Activity 16.14.035 Insurance 16.14.005 General Requirements. In addition to the General Requirements set forth in Chapter 16.04, each Aircraft Rental or Flight Training Operator at the Airport shall comply with the following minimum standards set forth in this Chapter. Ordinance No. 1693 Page 61 16.14.010 Leased Premises. Operator engaging in this Activity shall have adequate land, Apron, and Vehicle Parking pursuant to this Title to accommodate all Activities of the Operator and all approved Sublessees, but not less than the following: 1. Contiguous Land (Lessee only, with hangar requirement) - one-half acre (21,780 square feet) upon which all required Improvements including Apron, facilities, and Vehicle Parking shall be located; 2. Contiguous Land (Lessee only, without hangar requirement)-one quarter acre (10,890 square feet) upon which all required Improvements including Apron, facilities, and Vehicle Parking shall be located; 3. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate four(4)Aircraft having a minimum wingspan of 40 feet; 4. If Operator utilizes a hangar for the storage of Aircraft in the Operator's inventory at the Airport, no Paved Tiedowns will be required; and 5. Facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned, leased, and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft, Operator shall meet the minimum standards for an Aircraft Maintenance Operator. a. Customer area (Lessee) shall be at least 800 square feet to include adequate space for customer lounge, class/training rooms, public use telephone, and restrooms. b. Customer area (Sublessee) shall be at least 500 square feet to include adequate space for class/training rooms. Operator's customers shall have immediate access to customer lounge, public use telephone, and restrooms. c. Administrative area shall be at least 500 square feet to include adequate and dedicated space for employee offices/work areas and storage. d. Hangar area (Lessee), if required, shall be at least 5,000 square feet or large enough to accommodate the largest Aircraft in Operators fleet at the Airport maintained by Operator, whichever is greater, e. Hangar area (Sublessee), if required, shall be large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator. Ordinance No. 1693 Page 62 f. Maintenance area, if required, shall be at least 500 square ' feet to include adequate and dedicated space for employee work areas, shop areas, and storage for Aircraft parts and equipment. 16.14.015 Licenses and Certifications. A. Personnel performing Aircraft proficiency checks and/or Flight Training shall be properly certificated by the FAA, current, and hold the appropriate ratings and medical certification for the Aircraft being utilized and/or Flight Training being provided. B. Flight Training Operators shall have at least one (1) flight instructor with the appropriate ratings and medical certification to provide flight instruction for an instrument rating. 16.14.020 Personnel. Operator shall provide a sufficient number of personnel to adequately and safely carry out Aircraft rental and/or Flight Training in a courteous, prompt, and efficient manner adequate to meet the reasonable demands of the general public seeking such services. 1. Operator shall employ two (2) flight instructors and one (1) , customer service representative as Employees to be available during required Hours of Activity (see Section 6.6). 2. Flight Training Operators shall have available a properly certificated ground school instructor capable of providing on-demand ground school instruction sufficient to enable students to pass the FAA written examinations for private pilot, commercial pilot, and instrument rating. 3. For Aircraft Rental Operators and/or Flight Training Operators, one of the required flight instructors may fulfill the responsibilities of the customer service representative unless the flight instructor is performing duties off-Airport. 16.14.025 Equipment. A. Operator shall have available for rental or use in Flight Training, either owned by or under written lease to Operator and under the full and exclusive control of Operator, no less than two (2) properly certified and currently airworthy Aircraft, at least one of which shall be equipped for and fully capable of flight under instrument conditions and one of which shall be a four-place aircraft. B. Flight Training Operators shall provide, at a minimum, adequate mock-ups and/or still and motion pictures, or other training aids necessary to provide proper and ' effective ground school instruction. Ordinance No. 1693 Page 63 16.14.030 Hours of Activity. An Aircraft Rental Operator and a Flight Training Operator shall be open and services shall be available to meet the reasonable demands of the general public for this Activity six days a week, eight hours a day. 16.14.035 Insurance, A. Operator shall maintain, at a minimum, the coverage and limits of i insurance set forth in Section 16.06.075 of this Code- B. Disclosure Requirement: Any Operator conducting Aircraft rental or Flight Training shall post a notice and incorporate within the rental and instruction agreements the coverage and limits provided to the renter or student by Operator, as well as a statement advising that additional coverage is available to such renter or student through the purchase of an individual non-ownership liability policy. Operator shall provide a copy of such notice to the Director of Aviation. Chapter 16.16 AIRCRAFT CHARTER OR AIRCRAFT MANAGEMENT OPERATOR (SASO) Sections: 16.16.005 General Requirements 16A6.010 Leased Premises 16.16.015 Licenses and Certifications 16.16.020 Personnel 16.16.025 Equipment 16.16.030 Hours of Activity 16A6.005 General Requirements. In addition to the General Requirements set forth in Chapter 16.04, each Aircraft Charter Operator and Aircraft Management Operator at the Airport shall comply with the following minimum standards set forth in this Chapter. 16.16.010 Leased Premises. A. Operator engaging in this Activity shall have adequate land, Apron, and Vehicle Parking pursuant to this Title to accommodate all Activities of the Operator and all approved Sublessees, but not less than the following: 1. Contiguous Land (Lessee only, with hangar requirement) - one-half ' acre (21,780 square feet) upon which all required Improvements including Apron, facilities, and Vehicle Parking shall be located; Ordinance No. 1693 Page 64 2. Contiguous Land (Lessee only, without hangar requirement)-one quarter acre (10,890 square feet) upon which all required Improvements including Apron, facilities, and Vehicle Parking shall be located; 3. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate four (4) Aircraft having a minimum wingspan of 40 feet. If Operator utilizes a hangar for the storage of Aircraft in the Operators inventory at the Airport, no Paved Tiedowns will be required; and 4. Facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned, leased, and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft, Operator shall meet the minimum standards for an Aircraft Maintenance Operator. a. Customer area (Lessee) shall be at least 600 square feet to include adequate space for customer lounge, public use telephone, and restrooms. b. Customer area (Sublessee): Customers shall have immediate access to customer lounge (if appropriate), public use telephone, and restrooms. C. Administrative area shall be at least 500 square feet and ' shall include adequate and dedicated space for employee offices/work areas and storage. d. Hangar area (Lessee), if required, shall be at least 5,000 square feet or large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, whichever is greater. e. Hangar area (Sublessee), if required, shall be large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator. f. Maintenance area, if required, shall be at least 500 square feet and shall include adequate and dedicated space for employee work areas, shop areas, and storage for Aircraft parts and equipment. 16,16.015 Licenses and Certifications. A. Aircraft Charter Operators shall have and provide copies to the Director of Aviation of all appropriate certifications and approvals, including without limitation, the Pre-application Statement of Intent (FAA Form 8400-6), the Registrations and ' Amendments under Part 298 (OST Form 4507), and/or FAA issued operating certificate(s). Any time certifications or approvals are modified, the updated Ordinance No. 1693 Page 65 documentation (reflecting the changes) shall be immediately provided to the Director of Aviation. B. Personnel shall be properly certificated by the FAA, current, and hold the appropriate ratings in the Aircraft utilized and medical certifications for the Activity. 16.16.020 Personnel. A. Operator shall provide a sufficient number of personnel to adequately and safely carry out Activity in a courteous, prompt, and efficient manner adequate to meet the reasonable demands of the general public seeking such services. B. Aircraft Charter Operator shall employ one (1) chief pilot, one (1) pilot (who may serve as the chief pilot), and one (1) customer service representative as Employees (on each shift). The pilot may fulfill the responsibilities of the customer service representative unless the pilot is performing duties off-Airport C. Aircraft Management Operator shall employ one (1) customer service representative as an Employee (on each shift)_ 16.16.025 Equipment. Operator shall provide, either owned or under written lease to Operator and under the full and exclusive control of Operator, one (1) certified and continuously airworthy multi-engine (instrument-qualified) Piston Aircraft or one (1) single engine Turboprop (instrument-qualified) Aircraft. 16.16.030 Hours of Activity. Operator's services shall be available to meet the reasonable demands of the public for this Activity. Operators on-call response time to customer inquiries shall not exceed 60 minutes. Chapter 16.18 AIRCRAFT SALES OPERATOR (SASO) Sections: 16.18.005 General Requirements 16.18.010 Leased Premises 16.18.015 Dealership ' 16.18.020 Licenses and Certifications 16..18.025 Personnel 16.18.030 Equipment Ordinance No. 1693 Page 66 16.18.005 General Requirements. ' In addition to the General Requirements set forth in Chapter 16.04, each Aircraft Sales Operator at the Airport shall comply with the following minimum standards set forth in this Chapter. 16.18.010 Leased Premises, A. Operator engaging in this Activity shall have adequate land, Apron, and Vehicle Parking pursuant to this Title to accommodate all Activities of the Operator and all approved Sublessees, but not less than the following: 1. Contiguous Land (Lessee only, with hangar requirement) - one-half acre (21,780 square feet) upon which all required Improvements including Apron, facilities, and Vehicle Parking shall be located; 2. Contiguous Land (Lessee only, without hangar requirement) - one quarter acre (10,890 square feet) upon which all required Improvements including Apron, facilities, and Vehicle Parking shall be located; 3. Apron/Paved Tiedowns (Lessee only) shall be adequate to accommodate four (4) Aircraft having a minimum wingspan of 40 feet; , 4. If Operator utilizes a hangar for the storage of Aircraft in the Operators inventory at the Airport, no Paved Tiedowns will be required; and 5. Facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned, leased, and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft, Operator shall meet the minimum standards for an Aircraft Maintenance Operator. a. Customer area (Lessee) shall be at least 500 square feet and shall include adequate space for customer lounge, public use telephone, and restrooms. b. Customer area (Sublessee): Customers shall have immediate access to customer lounge (if appropriate), public use telephone, and restrooms. c. Administrative area shall be at least 250 square feet and shall include adequate and dedicated space for employee offices/work areas and storage. ' Ordinance No. 1693 Page 67 d. Hangar area (Lessee), if required, shall be at least 5,000 square feet or large enough to accommodate the largest Aircraft in Operators inventory at the Airport maintained by Operator, whichever is greater. e. Hangar area (Sublessee), if required, shall be large enough to accommodate the largest Aircraft in Operators inventory at the Airport maintained by Operator. f. Maintenance area, if required, shall be at least 500 square feet and shall include adequate and dedicated space for employee work areas, shop areas, and storage for Aircraft parts and equipment. 16.18.015 Dealership. An Operator which is an authorized factory sales franchise, dealer, or distributor, either on a retail or wholesale basis, shall have available or shall make available (with advance notice) at least one current model demonstrator of Aircraft in each of its authorized product lines. 16,18.020 Licenses and Certifications. Personnel shall be properly certificated by the FAA, current, and hold the appropriate ratings and medical certification for providing flight demonstration in all Aircraft offered for sale. 16,18.025 Personnel. A. Operator shall provide a sufficient number of personnel to adequately and safely carry out Activity in a prompt and efficient manner adequate to meet the reasonable demand of the general public seeking such services. B. Operator shall employ one (1) current commercial pilot and one (1) customer service representative as Employees (on each shift) C. The Operator may fulfill the responsibilities of the commercial pilot and/or customer service representative. The commercial pilot may fulfill the responsibilities of the customer service representative unless the commercial pilot is performing duties off Airport. 16.18.030 Equipment. Operator shall provide necessary and satisfactory arrangements for Aircraft Maintenance in accordance with any sales guarantee or warranty period. 1 Ordinance No. 1693 Page 68 16.18.035 Hours of Activity. Operator's services shall be available to meet the reasonable demands of the general public for this Activity. Operator's on-call response time to customer inquiries shall not exceed 60 minutes. Chapter 16.20 AIRCRAFT STORAGE OPERATOR (SASO) Sections: 16.20.005 General Requirements 16,20.010 Scope of Activity 16.20.015 Leased Premises 16.20.020 Hours of Activity 16.20,005 General Requirements. In addition to the General Requirements set forth in Chapter 16.04, each Commercial Aircraft Storage Operator at the Airport shall comply with the following minimum standards set forth in this Chapter. 16.20.010 Scope of Activity. ' Operator shall use the Leased Premises for the purpose of: engaging in Subleasing of Aircraft storage facilities and associated office and shop space (as an Aircraft Storage Operator); or use by Operator (primarily for Operator's Aircraft and/or equipment). 16.20.015 Leased Premises. A. Operator engaging in this Activity shall have adequate land, Apron, and Vehicle Parking pursuant to this Title to accommodate all Activities of the Operator and all approved Sublessees, but not less than the square footages identified in this subsection: Group I Group II Group I Group II Group III Piston and Piston and Turbojet Turbojet Turbojet Turboprop Turboprop Aircraft Aircraft Aircraft Aircraft Aircraft Hangar Hangar Hangar Hangar Hangar Storage Storage Storage Storage Storage Contiguous Land 21,780 SF 21,780 SF 25,000 SF 33,333 SF 50,000 SF Hangar 5,000 SF 6,500 SF 7,500 SF 10,000 SF 15,000 SF B. All required Improvements including Apron, facilities, and Vehicle , Parking shall be located on Contiguous Land. Ordinance No. 1693 Page 69 A C. The development of hangars shall be limited to the following types of hangar structures: 1. single structures of not less than 2,500 square feet, completely enclosed; or 2, single structures of not less than 5,000 square feet, sub- divided and configured (although each unit shall not be less than 1,250 square feet) to accommodate Individual bays for the storage of Private Aircraft, 16.20.020 Hours of Activity. Operator shall ensure that facilities are available for use (and readily accessible) by Sublessees seven days a week (including holidays), 24 hours a day. Chapter 16.22 OTHER COMMERCIAL AERONAUTICAL ACTIVITIES (SASO) Sections: 16.22.005 General Requirements 16.22.010 Leased Premises 16.22,015 Licenses and Certifications 16.22.020 Personnel 16.22.025 Equipment 16.22.030 Hours of Activity 16.22.005 General Requirements. A. This section pertains to other commercial aeronautical SASOs engaging in limited Aircraft services and support Activities, miscellaneous Commercial services and support Activities, or other air transportation services for hire Activities . B. In addition to the General Requirements set forth in Chapter 16.04, each of the SASOs described in this Section at the Airport shall comply with the following minimum standards set forth in this Chapter. 16.22.010 Leased Premises, Operator engaging in this Activity shall have adequate land, Apron, and Vehicle Parking pursuant to this Title to accommodate all Activities of the Operator and all approved Sublessees, but not less than the following: 1 Ordinance No. 1693 Page 70 1. Contiguous Land (Lessee only, with hangar requirement)-one-half acre (21,780 square feet) upon which all required Improvements including Apron, facilities, and Vehicle Parking shall be located; 2. Contiguous Land (Lessee only, without hangar requirement) - one quarter acre (10,890 square feet) upon which all required Improvements including Apron, facilities, and Vehicle Parking shall be located; 3. Apron/Paved Tiedowns (Lessee only) shall be required and adequate to accommodate four (4) Aircraft having a minimum wingspan of 40 feet if Operator's Activities include the operation or handling of Aircraft on their Leased Premises. 10.2.1.3.1. If Operator utilizes a hangar for the storage of Operators entire fleet at the Airport, no Paved Tiedowns will be required; and 4. Facilities shall include customer and administrative areas. Maintenance and hangar areas are required if Operator is conducting Aircraft Maintenance on Aircraft owned, leased, and/or operated by (and under the full and exclusive control of) Operator. If Operator provides Aircraft Maintenance on other Aircraft, Operator shall meet the minimum standards for an Aircraft Maintenance Operator. a. Customer area (Lessee) shall be at least 500 square feet and shall include adequate space for customer lounge, public use telephone, and restrooms. b. Customer area (Sublessee): If appropriate, customers shall have immediate access to customer lounge (if appropriate), public use telephone, and restrooms. C. Administrative area (if appropriate) shall be at least 250 square feet or sufficient to accommodate the administrative functions associated with the Activity, whichever is greater, and shall include adequate and dedicated space for employee offices/work areas and storage. d. Hangar area (Lessee), if required, shall be at least 5,000 square feet or large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator, whichever is greater. e. Hangar area (Sublessee), if required, shall be large enough to accommodate the largest Aircraft in Operator's fleet at the Airport maintained by Operator. f. Maintenance area, if required, shall be at least 500 square feet and shall include adequate and dedicated space for employee work areas, shop ' areas, and storage for Aircraft parts and equipment. Ordinance No. 1693 Page 71 16.22.015 Licenses and Certifications. Operator shall have and provide to the Director of Aviation evidence of all Agency licenses and certificates that are required to conduct the Activity. 16.22.020 Personnel. Operator shall provide a sufficient number of personnel to adequately and safely carry out its Activity in a courteous, prompt, and efficient manner adequate to meet the reasonable demands of the general public seeking such services. 16.22.025 Equipment. A. Operator shall have (based at the Airport), either owned or under written lease to (and under the full and exclusive control of) Operator, sufficient Vehicles, Equipment, and, if appropriate, one continuously airworthy Aircraft. B. Operator shall have sufficient supplies and parts available to support the Activity. 16.22.030 Hours of Activity. Operator shall be open and services shall be available during the hours maintained by entities engaging in the same, similar, or competitive Activities. Operator's services shall be available to meet the reasonable demands of the general public for the Activity. Chapter 16.24 TEMPORARY SPECIALIZED AVIATION SERVICE OPERATOR (SASO) Sections: 16.22.005 General Requirements 16.24.010 Scope of Activity 16.24.015 Commercial Aeronautical Activity Application/Permit 16.24.020 Licenses and Certifications 16.24.005 General Requirements. A. The City recognizes that Aircraft Operators using the Airport may (from fume to time) have specialized service requirements (i.e. Aircraft Maintenance and/or Flight Training). When specialized assistance is required, but is not available at the Airport through existing Operators due to the specialized nature of the service requirements and/or existing Operators are unable to provide the services required within a reasonable timeframe, the Director of Aviation may allow an Aircraft Operator to solicit and utilize the services of a qualified entity to provide said services. Ordinance No. 1693 Page 72 B. Aircraft Operator shall initialize the process by informing the Director of , Aviation about the desired specialized services, timeframe for the execution of said services, and the Temporary Specialized Aviation Service Operator to provide said services. C. Aircraft Operator is responsible for assuring compliance of all Regulatory Measures by the Temporary Specialized Aviation Service Operator while on the Airport. D. In addition to the General Requirements set forth in Chapter 16.04, each Temporary Specialized Aviation Operator at the Airport shall comply with the following minimum standards set forth in this Chapter. 16.24.010 Scope of Activit . Temporary Specialized Aviation Service Operator shall conduct Activity on and from the Leased Premises of the Aircraft Operator in a first-class manner consistent with the degree of care and skill exercised by experienced Operators providing comparable products and services and engaging in similar Activities. 16.24.015 Commercial Aeronautical Activity Application/Permit. A. Temporary Specialized Aviation Service Operator must submit a completed Commercial Aeronautical Activity Application/Permit to the Director of Aviation- B. Temporary Specialized Aviation Service Operator shall then obtain a Commercial Aeronautical Activity Application/Permit approved by the Director of Aviation for a specific period of time (typically no more than 30-days) prior to engaging in Activity on the Airport. Renewal shall be subject to the Temporary Specialized Aviation Service Operator's compliance with all the terms and conditions of the approved Commercial Aeronautical Activity Application/Permit. C. Temporary Specialized Aviation Service Operator shall comply with all requirements for the permitted Activities and limit service provided to the entity, area, and timeframe identified in the approved Commercial Aeronautical Activity Application/Permit. 16.24.020 Licenses and Certifications. Temporary Specialized Aviation Service Operator shall have and provide to the Airport evidence of all Agency licenses and certificates that are required. Ordinance No. 1693 Page 73 A Chapter 16.26 COMMERCIAL AERONAUTICAL ACTIVITY APPLICATION/PERMIT Sections: 16.26.005 Application 16.26.010 Approved Commercial Aeronautical Activity Application/Permit 16.26.015 Existing Operator with an Existing Agreement or Permit 16.26.020 Non-Commercial Operators i i 16.26.005 Application. I A. Any entity desiring to engage in a Commercial Aeronautical Activity at the Airport shall submit a completed Commercial Aeronautical Activity Application/Permit to, and receive approval from, the Director of Aviation prior to conducting desired Activity(ies). B. The Applicant shall submit all of the information requested on the Commercial Aeronautical Activity Application/Permit and thereafter shall submit any additional information that may be required or requested by the Director of Aviation in order to properly and fully evaluate the application and facilitate an analysis of the prospective operation including, but not limited to, verifiable qualifications and experience, past and current financial results (performance), condition, and capacity (as evidenced by historical and current financial statements), references, etc. C. No Commercial Aeronautical Activity Application/Permit will be deemed complete that does not provide the Director of Aviation with the information, data, and/or documentation necessary to allow the Director of Aviation and City to make a meaningful assessment of Applicant's prospective operation and determine whether or not the prospective operation will comply with all applicable Regulatory Measures and be compatible with the Airport's Master Plan- D. Following review and approval by the Director of Aviation and the City, the Commercial Aeronautical Activity Application/Permit will be signed by the Director of Aviation. A copy of the signed and approved Commercial Aeronautical Activity Application/Permit will be provided to the Applicant. 16.26.010 Approved Commercial Aeronautical Activity Application/Permit, A. The approved Commercial Aeronautical Activity Application/Permit will be valid for the time period indicated on the approved Commercial Aeronautical Activity Application/Permit (typically for the duration of a Lessee's Agreement, one year for Sublessees, and less than one year for temporary Operators) as long as the Operator meets the following requirements: 1. The information submitted by the Applicant and contained in the approved Commercial Aeronautical Activity Application/Permit is current. The Operator Ordinance No. 1693 Page 74 shall notify the Director of Aviation in writing within 15 days of any change to the ' information contained in the approved Commercial Aeronautical Activity Application/Permit; 2. The Operator is in compliance with all applicable Regulatory Measures and the terms and conditions of the approved Commercial Aeronautical Activity Application/Permit; 3. The approved Commercial Aeronautical Activity Application/Permit may not be assigned or transferred and shall be limited solely to the approved Activity(ies); and 4. For Lessees, the approved Commercial Aeronautical Activity Application/Permit shall be appended to their Agreement and become a material part thereof. The breach of any portion of the approved Commercial Aeronautical Activity Application/Permit by Operator shall be deemed a material breach of any associated Agreement allowing the City the option to terminate the Agreement and/or the approved Commercial Aeronautical Activity Application/Permit. 16.26.015 Existing Operator with an Existing Agreement or Permit. A. An existing Operator with an existing Agreement or Permit may engage in the Activities permitted under the Agreement or Permit without submitting a Commercial ' Aeronautical Activity Application/Permit for approval provided that the Operator is in compliance with all the terms and conditions of the Agreement or Permit and all applicable Regulatory Measures. B, Prior to engaging in any Activity not permitted under the Agreement or Permit or changing or expanding the scope of the Activities permitted under the Agreement or Permit, the Operator shall submit a completed Commercial Aeronautical Activity Application/Permit to, and receive approval from, the Director of Aviation prior to conducting Activity(ies) not permitted under the Agreement or Permit. 16.26.020 Non-Commercial Operators. A Commercial Aeronautical Activity Application/Permit is not required for non- commercial Operators. However, the Operator shall comply with all terms and conditions of any Agreement or Permit with the City and all applicable Regulatory Measures_ Chapter 16.28 NON-COMMERCIAL HANGAR OPERATOR Sections: ' 16.28.005 General Requirements Ordinance No. 1693 Page 75 16.28.010 Scope of Activity 16.28.015 Leased Premises 16.28,020 Ownership Structure '16.28.005 General Requirements. In addition to the General Requirements set forth in Chapter 16.04, each Non- Commercial Hangar Operator at the Airport shall comply with the following Minimum Standards set forth in this Chapter. 16.28.010 Scope of Activity. A. Non-Commercial Hangar Operator shall use the Leased Premises for Aircraft owned, [eased, and/or operated by (and under the full and exclusive control of) Operator for Non-Commercial purposes only_ Non-Commercial Hangar Operator shall provide the Director of Aviation with a copy of the Aircraft lease. The Director of Aviation will determine if the lease is Non-Commercial- B. No Commercial Activity of any kind shall be permitted on or from the Leased Premises. C. Non-Commercial Hangar Operator shall not be permitted to Sublease any land or Improvements on the Leased Premises for any purpose whatsoever. 16.28.015 Leased Premises. Non-Commercial Hangar Operator engaging in this Activity shall have adequate land, Apron, and Vehicle Parking pursuant to this Title to accommodate all Activities of the Operator and all approved Sublessees, but not less than the following square footages, which are not cumulative: Group (Group IlGroup ]Group IlGroup III Piston and Piston and Turbojet Turbojet Turbojet Turboprop Turboprop Aircraft Aircraft Aircraft Aircraft Aircraft Hangar Hangar Hangar Hangar Hangar Storage Storage Storage Storage Storage Conti uous Land 21,780 SF 21,780 SF 25,000 SF 33,333 SF 50,000 SF Hangar 12,500 SF 15,000 SF 17,500 SF 110,000 SF 15,000 SF 1. All required Improvements including Apron, facilities, and Vehicle Parking shall be located on Contiguous Land; and 2. The development of Non-Commercial hangar(s) shall be limited to ' the following types of hangar structures: Ordinance No. 1693 Page 76 a_ single structures of not less than 2,500 square feet, completely enclosed; or b. single structures of not less than 5,000 square feet, sub- divided and configured (although each unit shall not be less than 1,250 square feet) to accommodate individual bays for the storage of Private Aircraft. 16.28.020 Ownership Structure. A. Hangar development maybe accomplished by entities approved by the City, including Associations. B. Association membership shall be contingent upon ownership interest in the Association of a proportionate share of the Non-Commercial hangar facility which shall consist of not less than one individual hangar, or an equal portion of the "Common" hangar area which is consistent with the total number of members/shareholders (such area not to be less than 1,250 total square feet). C. All members/shareholders of the Association shall be declared to the Director of Aviation at the time the application for development and Activity is submitted. Thereafter, the Association and/or each member/shareholder of the Association shall be required to demonstrate ownership (as required herein) as requested by the Director of ' Aviation from time to time. Association shall appoint (be represented by) one individual. The hangar facilities developed and utilized by the Association shall be exclusively for storage of Aircraft owned by the members)/shareholder(s) of the Association. D. The Association may not utilize nor cause the Leased Premises to be utilized for speculative development of either the Leased Premises or the Improvements located thereupon. E. Each member/shareholder of the Association shall be responsible and jointly and severally liable with all other members/shareholder for the Association's compliance with these Minimum Standards, and each member/shareholder of the Association shall, upon written request, provide appropriate written confirmation of membership status or share ownership. All Association members/shareholders declared to the Director of Aviation in accordance with Subsection C of this Section shall remain jointly and severally liable to the City for the Association's compliance with these Minimum Standards, regardless of whether the membership or ownership of the Association changes, unless a release of the liability of a former Association member is approved in writing by the City_ Ordinance No. 1693 Page 77 Chapter 16.30 PRIVATE FLYING CLUB Sections: 16-30.005 General Requirements 16.30.005 Gener Julrements. i A. Each Private Flying Club member (Owner) must have an ownership interest in Private Flying Club. S. Private Flying Club shall keep on file and available for review by the Director of Aviation, a complete membership list and investment (ownership) share held by each member including a record of all members (past C. Private Flying Club shall keep current, file, and provide the Director of Aviation copies of bylaws, articles of incorporation, operating rules, membership agreements, and the location and address of the club's registered office- Aviation with the following: 1• Roster of all officers and directors including home and business addresses and phone numbers; and 2- Designee responsible for compliance with these Minimum Standards and other Regulatory Measures- D• Private Flying Club shall not be required to meet the minimum standards stipulated for Aircraft Rental or Flight Training Operators so long as the Private Flying Club restricts membership from the general public and is not operated on a Commercial basis. E, No member (owner) of a Private Flying Club shall receive Compensation (be paid) for services provided to the Private Flying Club or its members (owners) unless such member (owner) is an authorized/approved Operator. This does not include the provision of flight instruction relating to aircraft checkout and/or currency (e.g., iency check , etc.) provied by Club member(onan exclusive bass) to reviews, instrument lcother PrivatesFly Flying Clubdmember Private Flying F• Private Flying Club Aircraft shall not be used by persons other than members (owners). ' G. No member (owner) shall use Private Flying Club Aircraft in exchange for Compensation (payment). This does not include reimbursement for expenses associated with the use of Private Flying Club aircraft. Ordinance No. 1693 Page 78 Chapter 16.32 AIRCRAFT RULES AND REGULATIONS Sections: 16,32,005 Regulatory Measures 16.32.010 Airworthiness 16.32.015 Based Aircraft Registration 16.32.020 Hours of Operation 16.32.025 Aircraft Accidents 16.32.030 Disabled Aircraft 16.32.035 Prohibiting Use of the Airport 16.32.040 Aircraft Maintenance 16.32.045 Aircraft Cleaning 16.32,050 Aircraft Deicing 16.32.055 Aircraft Engine Operation 16,32,060 Aircraft Equipment 16,32.065 Aircraft Parking and Storage 16.32.070 Aircraft Security 16.32.075 Aircraft Operations 16.32.080 Taxiing and Towing Operations 16.32-085 Landing and Take-off Operations 16.31090 Flight Training/Instruction 16.32.095 Rotorcraft Operations ' 16.32.100 Traffic Patterns 16.32.105 Noise Abatement Procedures 16.32.110 Limitations 16.32.115 Fees and Charges 16.32.005 Regulatory Measures, Activities at the Airport (including the controlled airspace associated with the Airport) shall conform to the current applicable provisions of Title 14 of the Code of Federal Regulations; applicable Regulatory Measures; these Rules and Regulations,- and the orders (written or verbal instructions) of the Director of Aviation and/or ATC personnel. 16.32.010 Airworthiness. A. Only Aircraft considered airworthy by the FAA or any foreign counterpart shall land or takeoff from the Airport and/or use any area of the Airport for Aircraft parking, staging, or storage. B. Written permission may be granted by the Director of Aviation to store, for a specified period of time, Aircraft undergoing major renovation or restoration as long as ' the Aircraft is stored in a hangar. Ordinance No. 1693 Page 79 C. Aircraft that are not airworthy shall be promptly removed by the Aircraft Operator unless written permission is granted by the Director of Aviation. Should an Aircraft Operator fail to remove an Aircraft (at Aircraft Operator's cost and expense) that is not airworthy after notification by the Director of Aviation, the Aircraft may be removed by the Director of Aviation, at the risk, cost, and expense of the Aircraft Operator, without liability for damage arising from or out of such removal. D. Abandoning Aircraft anywhere on the Airport is prohibited. The Director of Aviation may, at the risk, cost, and expense of the Aircraft Operator, remove Abandoned Aircraft without liability for damage arising from or out of such removal. 16.32.015 Based Aircraft Registration. A. Aircraft based at the Airport (Commercial or non-commercial) must be registered with the Director of Aviation or an authorized FBO or SASO. Registration information shall include the following: i 1. Aircraft make and model; i 2. Aircraft registration number; 3. Aircraft gross takeoff operating weight; 4. Aircraft Owner name, address, and phone number; and If more than one person or a group of people own the Aircraft, the name, address, and phone number of all Owners shall be provided to the Director of Aviation or authorized FBO or SASO responsible for the registration of all aircraft based on their Leased Premises. 5. Proof of Liability Insurance (at the minimum acceptable levels established by the City). B. Based Aircraft Operators must have a tiedown or hangar Agreement with either the Airport or an authorized FBO or SASO. 16.32.020 Hours of Operation. The Airport is available for use 24 hours per day, 7 days per week, unless closed by Notice to Airmen (NOTAM). 16.32.025 Aircraft Accidents. A. Aircraft Operators involved in an Aircraft Accident on the Airport shall make a full and complete report of the Aircraft Accident to the Operations Department and appropriate Agencies in a timely manner, complete any additional required forms Ordinance No. 1693 Page 80 and/or reports, and comply with all applicable provisions of the National Transportation ' Safety Board (NTSB) Regulations Part 830. The report to Operations Department shall include copies of any reports or documentation provided to the NTSB, FAA, or other appropriate Agencies. B. An Aircraft involved in an Aircraft Accident on the Airport may not be removed from the scene of the Aircraft Accident until authorized by the Director of Aviation who shall receive authorization (to remove the Aircraft) from the FAA and/or NTSB, as applicable. C. Once authorization to remove the Aircraft has been issued, the Aircraft Operator shall be responsible for the safe and prompt removal of the Aircraft and any parts of the Aircraft within a Movement Area to a non-movement area. 1. If immediate arrangements are not made (so that the Airport can return to full operational status without unreasonable delay), the Director of Aviation may have the Aircraft removed at the Aircraft Operator's risk, cost, and expense without liability for damage arising from or out of such removal. 2. Should Aircraft Owners, Operators, or agents authorize Airport employees to remove disabled aircraft from runways, ramps, Taxiways, or other areas of the Airport, charges will be made for equipment and labor at currently established prices and rates. ' 16.32.030 Disabled Aircraft. A. Aircraft Operators shall be responsible for the safe and prompt removal of disabled Aircraft and any parts of the Aircraft within a Movement Area to a non- movement area, unless required or directed by the Director of Aviation, the FAA, or the NTSB to delay such action pending an investigation of an Aircraft Accident. B. If immediate arrangements are not made (so that the Airport can return to full operational status without unreasonable delay), the Director of Aviation may have the Aircraft removed at the Aircraft Operators risk, cost, and expense without liability for damage arising from or out of such removal. C. Should Owners, Operators, or agents authorize Airport employees to remove disabled aircraft from runways, ramps, Taxiways, or other areas of the Airport, charges will be made for equipment and labor at currently established prices and rates. 16.32.035 Prohibiting Use of the Airport. A. The Director of Aviation shall have the right at any time to close the Airport or any portion thereof to air traffic to prohibit Aircraft landing and/or taking off at any time ' and under any circumstances, to delay or restrict any flight or other Aircraft operation, or to deny the use of the Airport to any person or group when the Director of Aviation Ordinance No. 1693 Page 81 considers such actions to be necessary and desirable in the interest of safety or security or when the provisions of these Rules and Regulations are being violated or it can be reasonably anticipated that they will be violated. B. The Director of Aviation may prohibit Aircraft operations (except for emergency landings) when it is determined that conditions are unsafe or unsecured or i that the operation of an Aircraft would likely endanger persons or Property at the Airport. i I 1. The Director of Aviation, his designated representative, or the FAA I may issue a NOTAM to close or open the Airport (or any portion thereof) or to restrict or i terminate any activity at or on the Airport_ 2. Only the Director of Aviation, his designated representative, or the FAA may cancel a NOTAM. 3. Under no circumstance shall an authorized Airport closure or restriction constitute grounds for reimbursement of any expense, loss of revenue, or damage that may be incurred by any Operator, Lessee, or any other entity. 16.32.040 Aircraft Maintenance. A. Aircraft Maintenance on the Airport is permitted only in areas designated eby the Director of Aviation. 1. Only designated areas shall be used for preventive maintenance (as defined by 14 CFR Part 43) and in accordance with the pasted rules at each location. 2. Major alterations and repairs of Aircraft shall only be conducted in designated areas with prior written permission of the Director of Aviation. 3. Aircraft Maintenance within hangars shall be limited solely to that specifically permitted by the type rating established in the Uniform Building Code and in compliance with the directives of the Airport Fire Department. B. Aircraft painting or paint stripping shall be performed only in hangars or buildings specifically approved for these activities by an Agency having jurisdiction. C. Aircraft fuel dump valves shall only be tested with permission of the Director of Aviation. 16.32.045 Aircraft Cleaning. A. Aircraft cleaning shall only be performed in areas designated by the Director of Aviation and only in full and complete compliance with the SWPPP. Ordinance No. 1693 Page 82 Commercial Operators must receive an approved Commercial Aeronautical Activity ' Application/Permit from the Director of Aviation prior to performing Aircraft cleaning at or on the Airport. B. All drainage must flow to an oil/water separator. C. All Aircraft cleaning must be accomplished in accordance with posted rules, with biodegradable soap, and without the use of solvents or degreasers. D. Aircraft, aircraft engines, and/or parts may be dry washed in areas not having an oil/water separator. 16.32.050 Aircraft Deicing. A. Aircraft deicing (the removal of snow and/or ice with chemical substances) shall only be accomplished in the location(s) specified by the Director of Aviation and only with prior written permission of the Director of Aviation. B. Use of chemical substances for the purpose of removing snow and/or ice shall comply fully and completely with all Regulatory Measures. C. Before granting written permission for Aircraft deicing on the Airport, the Director of Aviation shall inspect the containment system and mechanism and approve ' the containment plan that will be used by the Operator, Lessee, or Sublessee for Aircraft deicing. 16.32.055 Aircraft Engine Operation. A. Only qualified persons shall start and/or operate an Aircraft engine at the Airport and/or taxi an Aircraft on the Airport. Qualified persons include a pilot, an airframe and power plant mechanic, or a qualified technician licensed by the FAA and qualified to start or operate the engine(s) and/or taxi that particular type and class of Aircraft. B. Starting engines shall be prohibited until ground personnel have given proper clearance (if appropriate) and until all standard safety procedures have been strictly followed. C. Aircraft engines shall not be started within any structure on the Airport. D. Any person operating an Aircraft engine in an area that is accessible to the public shall take precautions to alert and protect the public from hazards incident to such operations. E. Starting an Aircraft engine when there is any flammable liquid on the , ground in the immediate vicinity of the Aircraft is prohibited. Ordinance No. 1693 Rage 83 F. Aircraft controls shall not be left unattended while an Aircraft engine is operating. G. Propeller, engine, and exhaust noises shall be kept to a minimum. H. Run-up of Aircraft engines shall be performed only in the areas designated for such purpose by the Director of Aviation. 1. Run-up of Aircraft engines is not allowed in non-movement areas except in designated areas or as approved by the Director of Aviation. 2. Aircraft may not be secured to any structure during Aircraft engine run-up. I 3. High speed or full power aircraft engine run-ups (including maintenance run-ups) shall be performed in designated run-up areas or in other areas designated specifically for this purpose by the Director of Aviation. 16.32.060 Aircraft Eauipment. A. Aircraft (other than rotorcraft) operated on the Airport must be equipped with a tail wheel or nose wheel and usable wheel brakes unless the Director of Aviation grants the Operator prior written permission to operate the Aircraft on the Airport. B. Aircraft Operators shall not land, taxi, or take off without the ability to communicate by two way radio unless the activity has been coordinated with (and permission has been granted by) ATC. 16,32.065 Aircraft Parking and Storaqe. A. Aircraft shall be parked only in those areas designated for such purpose by the Director of Aviation and shall not be positioned in such a manner so as to block a runway, Taxiway, Taxilane, or obstruct access to hangars, parked or staged Aircraft, parked or staged Vehicles, gates, or fuel storage facilities. B. Unless otherwise provided in an Agreement with the City or authorized rBO, no person shall use any area of the Airport for the parking, staging, and storage of Aircraft, without prior written permission of the Director of Aviation. Should a person use such areas for Aircraft parking, staging, or storage without first obtaining the prior written permission of the Director of Aviation, the Director of Aviation may remove and store the Aircraft at the cost and expense of the Aircraft Operator without liability for damage that may arise from or out of such removal or storage. C. Aircraft Operators shall ensure parked and stored Aircraft are properly 1 secured as set forth in FAA AC 20-35C. Ordinance No. 1693 Page 84 1. Parked or stored rotorcraft shall have braking devices and/or rotor ' mooring blocks applied to the rotor blades. 2_ Moored lighter-than-air Aircraft shall have at least one person monitoring the safety of the mooring at all times. D. Upon request of the Director of Aviation or the Operations Department, the Operator of any Aircraft parked, staged, or stored at the Airport shall move the Aircraft to the location and/or position on the Airport identified by the Director of Aviation or Operations Department. In the event the Aircraft Operator refuses, is unable, or unavailable, the Director of Aviation or Operations Department may move the Aircraft to the area at the risk, cost, and expense of the Aircraft Operator without liability for damage that may arise from or out of such movement. 16.32.070 Aircraft Security. A. If the kind, type, mission, or condition of an Aircraft makes it necessary for an Aircraft Owner, Aircraft Operator, Operator, or Lessee to obtain, provide, and/or maintain security for an Aircraft, the Aircraft Owner, Aircraft Operator, Operator, or Lessee shall be responsible for such security and may only provide (and/or arrange for) such security after obtaining the prior written permission from the Director of Aviation. B. Aircraft Owners, Aircraft Operators, Operators, or Lessees shall not employ security measures as a means to hinder, delay, or prevent removal of Aircraft at the direction of the Director of Aviation. C. No person shall interfere or tamper with any parked, staged, or stored Aircraft in contradiction to these Rules and Regulations without the Aircraft Owner's permission. 16.32.075 Aircraft Operations. A. All Aircraft shall be operated in accordance with the appropriate 14 CFR based upon the type and use of the Aircraft. B. Operating an Aircraft in a careless, negligent, or reckless manner; in disregard of the rights and safety of others; without due caution and circumspection; or at a speed or in a manner which endangers, or is likely to endanger persons or Property of any entity is prohibited at the Airport. C. Aircraft Operators shall obey all pavement markings, signage, and lighted signals unless instructed otherwise by ATC, the Director of Aviation, or Operations Department personnel. D. Operating an Aircraft constructed, modified, equipped, or loaded as to endanger, or be likely to endanger persons or the Property of any entity is prohibited. Ordinance No. 1693 Page 85 E. Aircraft Operators shall comply with any order, signal, or directive of ATC, I the Director of Aviation, or Operations Department personnel by whatever means i communicated. i F. Airborne radar Equipment shall not be operated or ground-tested in an area where the directional beam of such radar, if high intensity (50KW or greater output), is within 300 feet or, if low intensity (less than 50 KW output), is within 100 feet of another Aircraft, an Aircraft refueling operation, an Aircraft refueling Vehicle, or a fuel storage facility. G. Aircraft radio transmissions, if not for maintenance purposes, are prohibited while an Aircraft is inside a hangar. H. Experimental flights or ground demonstrations shall not be conducted on the Airport without the prior written permission of the Director of Aviation. I. Airshows and aerobatic operations of Aircraft are not permitted within the Airport's Class C airspace unless prior written permission of the Director of Aviation and the ATC has been obtained. J. The starting, positioning, or taxiing of any Aircraft shall be done in such a manner so as to avoid generating (or directing) any propeller slipstream or engine blast that may endanger or result in injury to persons or damage to Property. To avoid this situation, it may be necessary to tow the ,Aircraft to a location or position on the Airport where the propeller slipstream or engine blast will not endanger or cause injury to persons or damage to Property when the engines are started or operated. K. Aircraft Operators shall not land, take off, taxi, park, stage, or store an Aircraft on or in any area of the Airport that has been restricted to a maximum weight bearing capacity of less than the maximum weight of the Aircraft. It shall be the Aircraft Operator's responsibility to repair any damage to the Airport's runways, taxiways, or Aprons caused by excessive Aircraft weight loading and/or operation. 16.32,080 Taxiing and Towing Operations. A. Aircraft shall not be taxied until the Aircraft Operator has ascertained (by Visually inspecting the area) that there shall be no danger of collision with any person, structure, or object in the area. B. Aircraft shall not be taxied into, out of, or within any structure at or on the Airport. C. Aircraft being taxied, towed, or otherwise moved at or on the Airport shall proceed with running lights and anti-collision lights illuminated during the time between official sunset and official sunrise. Ordinance No. 1693 Page 86 D. Aircraft being taxied shall have a person at the controls of the Aircraft who shall monitor the radio transmitting frequency in use by ATC. In the event the Aircraft is not equipped with a radio or the radio is inoperative, the Aircraft shall be moved only when accompanied by an escort Vehicle equipped with an operating radio and an operating yellow rotating beacon or when, by prior coordination, directions are transmitted by ATC through the use of a light gun. E. Taxiing Aircraft shall yield the right-of-way to any emergency Vehicle or Aircraft, unless directed by ATC. F. Aircraft Operators shall not taxi an Aircraft at the Airport at a speed greater than is reasonable and prudent under the conditions that exist with regard for actual and potential hazards and other Aircraft so as not to endanger persons or Property at the Airport. Aircraft taxiing speeds shall be reduced during periods of inclement weather including, but not limited to, periods when visibility is reduced. G. Aircraft shall only be taxied or towed in areas normally used for operation of Aircraft, unless express prior written approval has been provided by the Director of Aviation. 16.32.085 Landing and Take-off Operations. A. Take-offs shall be made only from the ends of the runways unless ' otherwise approved by ATC. B. Fixed wing Aircraft taking off or landing at the Airport shall do so only from designated runways unless otherwise instructed by ATC. C. Landing Aircraft shall clear the runway as soon as practicable, taxiing ahead to the nearest turn off. No turns of 180 degrees shall be made on the runway unless approved by ATC. D. During an emergency, Aircraft Operators shall not taxi onto a runway (from a Taxiway) and if on a runway, Aircraft shall exit the runway in the safest, most expeditious manner possible unless otherwise directed by ATC. 16.32.090 Flight Training/instruction. An entity providing Flight Training and/or instruction shall be responsible and will be held accountable for the conduct of the entity's students during the course of Flight Training and/or instruction. Ordinance No. 1693 Page 87 16,32.095 Rotorcraft Operations. A. Rotorcraft shall park or operate only in the areas approved by the Director of Aviation. B. Rotorcraft shall not be operated within 50 feet of any building or Fuel i storage facility, i i i C. Rotorcraft shall not be operated within 100 feet of any area where Light Aircraft are parked or operating. D. Rotorcraft Operators shall not perform any autorotation (except in the case of an emergency) within the Airport's Class C Airspace without permission from ATC_ 16.32.100 Traffic Patterns. A. Aircraft shall conform to the traffic patterns promulgated by the FAA unless otherwise specifically authorized by ATC. B. During the hours when the ATC is closed, all Aircraft Operators shall utilize the ATC frequency (119.7 MHz) and adhere to the following procedures: 1. Arriving Aircraft shall announce: a. Aircraft position and intentions prior to entering the downwind leg of the traffic pattern for the active runway at the Airport; and b. Aircraft position when turning onto the base leg and then onto the final approach leg of the traffic pattern to the active runway at the Airport. 2. Departing Aircraft shall announce: a. Aircraft position and intentions to taxi and direction of taxi; b. Aircraft position just prior to taking the active runway; and c. Aircraft departure and direction of flight. 16.32,105 Noise Abatement Procedures. A. Aircraft Operators shall familiarize themselves with and follow noise abatement procedures described in the Airport's Noise Compatibility Program as may ' be established and/or amended by the City from time to time. Ordinance No. 1693 Page 88 B, Aircraft Operators shall use procedures that shall result in minimum noise , exposure to the surrounding areas. This includes, but is not limited to, avoiding low altitude maneuvers. Optimum power settings and operating altitudes shall be maintained consistent with safety. C. Flights over populated areas should be avoided to the extent consistent with safety. 16.32.110 Limitations. Aircraft Operators shall obtain the prior written permission of the Director of Aviation before conducting any of the following activities at the Airport: 1. Experimental flights; 2. Use of motorless Aircraft: The landing upon or towing from the Airport of gliders and other certificated motorless Aircraft; 3. Use of ultralight Vehicles: The landing upon or taking off from the Airport of ultralight vehicles; 4. Use of lighter-than-air Aircraft: The landing upon or taking off from the Airport of airships, dirigibles, blimps, balloons, and other certificated lighter-than-air Aircraft that utilize gasses or hot air to provide lift; 5. Banner or glider towing: The landing upon or taking off from the Airport of Aircraft that tow banners, gliders, or any other device; 6. Operation of Aircraft with a maximum certificated takeoff weight in excess of the published weight bearing capacity for the runway(s) and Taxiway(s); 7. Transportation of hazardous cargo: Landing or taking off with flammable, explosive, or corrosive materials, except that which is carried aboard for the operation of the Aircraft or use by crewmembers or passengers; 8. Transportation of radioactive cargo: The landing upon or taking off from the Airport of Aircraft loaded with radioactive materials; 9. All shipments of radioactive cargo or other hazardous material shall comply with regulations established in 49 CFR Parts 100-199, and all other Regulatory Measures governing such shipments; and 10. Trained hazmat and Aircraft Rescue and Fire Fighting (ARFF) equipment and personnel will be required for this type of operation as a standby ' precautionary measure. Costs associated with trained hazmat equipment and personnel shall be borne solely and completely by the Aircraft Operator. Ordinance No. 1693 Page 89 '16-32.115 Fees and Charges. A. Aircraft shall not land or take off from the Airport unless the Aircraft Operator has paid the fees and/or charges that may be assessed from time to time by the City unless the Operator is exempt from payment of certain fees and/or charges or unless the Operator is not required to make such payments as stipulated in an Agreement with the City. B_ Aircraft exempt from Airport fees and/or charges include Aircraft owned and/or operated by the United States of America, military forces of the United States of America, and the Aircraft operated by foreign military forces in support of allied military operations that do not utilize the Airport significantly (as defined in the Airport Assurances). C. All fees and/or charges shall be payable in cash unless credit arrangements satisfactory to the Director of Aviation have been made in advance or the Director of Aviation approves payment by check. D. The Director of Aviation shall have the authority to detain any Aircraft for nonpayment of any fees and/or charges relating to said Aircraft which are properly due to the City. Chapter 16.34 VEHICLE RULES AND REGULATIONS Sections: 16.34.005 Regulatory Measures 16.34.010 Operator Licensing 16.34.015 Vehicle Licensing and Equipment 16.34.020 Vehicle Operations 16.34,025 Airport Operations Area 16,34.030 Movement Area 16.34.035 Accidents 16.34.040 Vehicle Cleaning and Maintenance 16.34.045 Parking or Stopping 1634.050 Disabled, Abandoned, or Illegally Parked Vehicles 16.34.055 Fees and Charges 16.34.005 Regulatory Measures. A. All Vehicle Operators on the Airport shall comply fully and completely with the California Vehicle Code (as may be amended from time to time), these Rules and Regulations, and instructions issued by the Director of Aviation or the Operations Department. Ordinance No. 1693 Page 90 B. Enforcement of traffic laws shall be the responsibility of the agency having ' jurisdiction. 16.34.010 Operator Licensing. A. Any person operating a Vehicle on the Airport must have a valid State Vehicle Operator's license and evidence of insurance (as required by state law). B. Vehicle Operators on the AOA or SIDA are required to attend a Vehicle Operators Class and shall possess an approved Airport Identification Badge. 16.34.015 Vehicle Licensing and E ui ment. A. Except for Vehicles that are exclusively used on the AOA, all Vehicles shall meet the State of California licensing, registration, and inspection requirements. B. Prior to operating Vehicles on the AOA, Vehicle Operators shall complete and submit an AOA Vehicle Permit request form to the Director of Aviation. C. Operators and Lessees may request "Escort Required" AOA Vehicle Permits which can be used for Vehicles that the Operators or Lessees will be escorting in the Restricted Area of the Airport. If approved for an "Escort Required" AOA Vehicle ' Permit, the Operator or Lessee must escort each approved Vehicle at all times with an Employee who has an approved Airport Identification Badge and in a Vehicle that is Owned by the Operator or Lessee and displays an approved AOA Vehicle Permit- D. Prior to obtaining AOA Vehicle Permits for Employees of Operators and/or Lessees, an Authorization Signature Letter listing at least one (1) person who is authorized to request AOA Vehicle Permits for the Operator and/or Lessee shall be completed and submitted to the Director of Aviation. E. Vehicles on the AOA are required to have an approved AOA Vehicle Permit. F. Vehicles shall not be operated on the Airport unless the Vehicle is in sound mechanical order; has adequate lights, horn, and brakes; and permits clear (unobstructed) visibility from the drivers position. G. Vehicles operating or parking in the SIDA and/or AOA, with the exception of emergency Vehicles, must be registered with the City and display a current AOA Vehicle Permit, unless otherwise authorized by the Director of Aviation. H. Trailers and semi-trailers are not permitted on the Airport unless equipped ' with lights (or devices with reflectors on all sides) and proper brakes/braking system. Trailers and semi-trailers shall not be disengaged from towing Vehicles. Ordinance No. 1693 Page 91 16.34.020 Vehicle Operations. A. Vehicle operations on the Airport that are determined by the Director of Aviation and/or Operations Department personnel to be in a careless, negligent, unsafe, or reckless manner; in disregard of the rights, safety, and security of others; and without due caution and circumspection; or at a speed or in a manner which endangers, or is likely to endanger, persons or Property is strictly prohibited at or on the Airport. B, Vehicles constructed, equipped, loaded, or maintained (or having attached thereto any object or Equipment which drags, swings, or projects) so as to endanger, or i be likely to endanger, persons or Property, is strictly prohibited at or on the Airport. i C. Since the presence at the Airport of a tank Vehicle, truck, or semi-trailer used for the transportation of flammable liquids or fueling and defueling of Aircraft could endanger persons or Property, no tank Vehicle, truck, or semi-trailer shall be operated at the Airport unless approved by the Director of Aviation. D. Vehicles shall not be continuously operated in any hangar at the Airport unless the Vehicle exhaust is protected by screens or baffles to prevent the escape of sparks or the propagation of flame and a vent system exists to prevent exhaust fumes from building up in the hangar. 1, Safe Speed - Vehicles shall not be operated at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards, traffic, use of the street or roadway, or so as not to endanger persons or Property at the Airport_ 2. Minimum Speed - Vehicles shall not be operated at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with the law. 3. Maximum Speed - Vehicles, except emergency Vehicles responding to an emergency, shall not be operated on the Airport in excess of the posted speed limits or in excess of any speed stipulated in these Rules and Regulations. a. In areas where signs, markers, or devices are not used or posted, the speed limit shall be 25 miles per hour- b. The speed limit shall be 20 miles per hour on the Airport Terminal Building Loop Road. F. Airside Speed Limits 1. Vehicles, except emergency Vehicles responding to an emergency, shall not be operated on the AOA at speeds in excess of the posted speed limits. Ordinance No. 1693 Page 92 2. Vehicles provided clearance by ATC to operate on a ' runway or Taxiway shall not be operated at a speed greater than is reasonable and prudent under the conditions that exist with full and complete regard for actual and potential hazards and traffic, so as not to endanger persons or Property at the Airport. G_ Vehicle Operators shall comply with any order, signal, sign, or directive of the Director of Aviation or Operations Department personnel. H. Vehicle Operators shall not, after receiving a visual or audible signal from the Director of Aviation or Operations Department personnel, fail to stop the Vehicle being operated, operate the Vehicle in disregard of the signal, or interfere with or endanger a City Employee or Law Enforcement Officer. I. Vehicle Operators shall provide proper signals and obey all traffic lights, signs, mechanical or electrical signals, and pavement markings unless directed otherwise by the Director of Aviation or Operations Department personnel. J. Airport roadways may be used for Vehicle operations as a means of ingress and egress to and from the roadways serving the Airport and between various land areas on the Airport abutting Airport roadways. K. The airside perimeter road shall be used only by Airport designated Vehicles including Airport Vehicles, refueling Vehicles, and other Vehicles approved to be on the AOA as described in these Rules and Regulations. L. Vehicles that are overloaded or carrying more passengers or cargo than the amount the Vehicle is designed to carry are prohibited at or on the Airport- M. Persons shall not ride on the running board, in the beds of pickup trucks, ride on the outside of a Vehicle, or allow arms or legs to protrude from a Vehicle with exception of emergency Vehicles that are designed specifically for such operations and/or use by ARFF personnel. N. Vehicle Operators shall yield the right of way to Aircraft, emergency Vehicles (or Equipment), and pedestrians. O. Vehicles shall not be operated in such a manner or within such proximity of an Aircraft as to create a hazard or interfere with the safe and secure operation of the Aircraft. 1. Vehicles shall not overtake or pass in front of a moving Aircraft. 2. Vehicles shall pass to the rear of taxiing Aircraft and come no , closer than 50 feet to a taxiing Aircraft. Ordinance No. 1693 Page 93 3. Vehicles shall not pass closer than 20 feet from any wing or tail section of a parked or staged Aircraft where practical. P. Vehicles used for hauling trash, dirt, or any loose material(s) shall be operated in such a fashion as to prevent the contents of the Vehicle from dropping, shifting, leaking, or otherwise escaping including, at a minimum, covering Vehicle's load. Q. Tugs and Trailers 1. Vehicles towing a train of baggage or cargo in excess of four (4) carts are strictly prohibited unless specifically authorized in writing by the Director of Aviation. 2. Positive locking couplings are required for all towed Equipment on the AOA. 3. Tugs and baggage carts shall be returned to designated parking or staging areas immediately following unloading. 16.34.025 Airport Operations Area. A. Only Vehicles that are authorized by the Director of Aviation or the Operations Department shall be permitted to operate on the AOA. B. All Vehicles on the AOA shall be painted and/or properly marked in a manner approved by the Director of Aviation and Vehicles used exclusively on the AOA shall be equipped with an approved and fully operational amber or red (emergency Vehicles only) rotating, flashing, or steady beacon on the roof or uppermost point of the Vehicle providing 360 degree view and in compliance with FAA Advisory Circular 150/5210-6R 1. The beacon shall be activated by the Vehicle Operator prior to entering the AOA and shall remain in operation while the Vehicle is on the AOA. 2. Vehicle Operators using the AOA on an irregular basis must first obtain written permission of the Director of Aviation before operating any Vehicle on the AOA and, only while being escorted by an authorized Vehicle Operator with a valid AOA Vehicle Permit, shall proceed directly to the Vehicle Operators destination on the Airport with the Vehicle's parking lights flashing at all times while the Vehicle is moving. C. The Director of Aviation may restrict Vehicles to a certain portion(s) or section(s) of the AOA. Such restrictions shall prohibit Vehicle operations outside designated area(s). D. Use of motorhomes, mini-bikes, dirt bikes, all terrain vehicles, go-carts, roller blades, skate boards, bicycles, or unicycles for recreational purposes are not Ordinance No. 1693 Page 94 Permitted at or on the Airport without the prior written permission from the Director of Aviation. E. Manually controlled gates that provide access to the AOA shall be kept closed and locked at all times except when actually in use. E When automatic gates are used, Vehicle Operators must stop the Vehicle and allow the gate to fully close before proceeding. The Vehicle Operator must also ensure that no other Vehicles or persons gain access to the Airport while the gate is in the process of opening or closing any time the gate is not fully closed. If the Vehicle Operator cannot prevent such access, the Vehicle Operator must immediately notify the City Police Department and the Operations Department_ 16.34.030 Movement Area. A. No person shall take or drive any Vehicle on the Movement Area unless permission has been granted in an Agreement or obtained, in advance, from the Director of Aviation. 1_ Vehicle Operators having access to the Movement Area shall comply with the Letter of Agreement between the Airport and ATC regarding Airport Surface Traffic Procedures and the Airport Certification Manual (ACM). ' 2. Vehicle Operators shall obtain clearance from ATC and ensure that no Aircraft is approaching prior to entering the Movement Area. B. All Vehicles operating in the Movement Area on a regular basis shall be equipped with a functioning two-way radio capable of communicating on the proper aeronautical frequencies (including 121.90 MHz and ranging from 108.00 MHz to 136.00 MHz). In the event a Vehicle in the Movement Area experiences radio failure, the Vehicle must vacate the area utilizing perimeter roadways or other non-controlled routes. If exit via non-controlled route is not possible, the Vehicle Operator shall indicate radio failure by facing the Vehicle towards the control tower and flashing the Vehicle's headlights, Thereafter, the Vehicle Operator shall operate the Vehicle based upon (in accordance with) the standard colored light signal directions given by ATC. C. After obtaining the prior permission of the Director of Aviation, a Vehicle that is not operated on the Airport on a regular basis may enter the Movement Area provided that such Vehicle is escorted at all times (while in the Movement Area) by an authorized Airport vehicle and by authorized personnel having radio contact with ATC. 1. When construction-related Vehicles are required to enter or work within the Movement Area, such Vehicles will be marked with an approved orange and white checkered flag (for daytime operations) or an amber beacon (for nighttime operations). Ordinance No. 1693 Page 95 2. If the construction Vehicle is not equipped with a two way radio capable of communicating on the proper aeronautical frequencies, the Vehicle shall be i escorted at all times (while in the Movement Area) by an Airport authorized vehicle and authorized personnel having radio contact with ATC or have a flagman (with a two way radio capable of communicating on the proper aeronautical frequencies) stationed at i the area(s) designated by the Director of Aviation to give instructions to the Vehicle. D. Vehicle Operators operating in the Movement Area must be conversant with standard colored light signals, regardless of whether or not the Vehicle is radio equipped. 1. Steady Green - Cleared to cross, proceed, or go. 2. Steady Red — Stop. 3. Flashing Red - Clear the runway/Taxiway. 4. Flashing White - Return to starting point on the Airport. 5, Alternating Red and Green - General warning, exercise extreme caution. 1 16.34.035 Accidents A. A Vehicle Operator involved in an Accident on the Airport resulting in any injury (or death) to person or damage to Property shall stop the Vehicle at the scene (or as close as possible to the scene without unnecessarily obstructing traffic or creating a safety hazard) and immediately call "911" and notify the Operations Department. B. The Vehicle Operator (and the Vehicle) must remain at the scene until the City Police Department and/or the Operations Department takes a full report. 16.34.040 Vehicle Cleaning and Maintenance. A. Private Vehicles and Vehicles operated by Commercial Vehicle Operators shall not be cleaned and/or maintained anywhere on the Airport, except for minor repairs that are necessary to remove such Vehicle(s) from the Airport. B. Vehicles operated by Lessees or other Operators shall be cleaned and/or maintained only in areas designated by the Director of Aviation. 16.34.045 Parking or Stopping. ' A. Vehicles shall be parked only in those areas designated for such purpose by the Director of Aviation. Ordinance No. 1693 Page 96 B. Vehicles shall not be parked or stopped: ' 1. In such a manner so as to obstruct a parking lot lane, driveway, roadway, walkway, crosswalk, fire lane, runway, Taxiway, Taxilane, and/or obstruct access to hangars, parked or staged Aircraft, and/or parked or staged Vehicles; 2. Within a bus stop, taxicab, or commercial Vehicle zone (except for Vehicles authorized by the Director of Aviation to use such areas); 3. On the left side of a road; 4. On the roadway side of any stopped or parked Vehicle (double parking); 5. Within 15 feet of afire hydrant or within a fire lane or restricting access to or from a fire lane; 6. Within 10 feet of either side of a security fence; 7. On unpaved or grassed areas (unless specifically designated for parking or staging); or 8. Other than in accordance with the restrictions posted on authorized signs. C. Vehicles, other than those loading and unloading Aircraft, shall not stop for loading, unloading, or any other purpose at or on the Airport other than in the areas specifically established for loading, unloading, parking, and/or staging and only in the manner prescribed by signs, painted markings, or other means. D. Displaying Vehicles and/or Equipment for sale or lease at or on the Airport is strictly prohibited, unless authorized by the Director of Aviation. E. Parking in designated public parking areas is open to any person using the Airport- F. Employees of Airport Operators, Lessees, or Sublessees may park private Vehicles in the employee parking areas designated by the Director of Aviation- 1- Employee parking areas are located southwest of the Airport Terminal Building. 2. Vehicles parked in a designated employee parking area must have a valid parking permit (mirror tag) attached to the front windshield mirror of the , registered Vehicle. I Ordinance No. 1693 Page 97 0 3. Parking permits and associated fee schedules may be obtained from the Director of Aviation. G. All service Vehicles and/or Equipment (including utility companies, delivery companies, government owned/operated, etc.) shall park in specially reserved and marked areas or other areas designated by the Director of Aviation. Service Vehicles may park at the southwest entrance of the Airport Terminal Building, in the commercial lane. H. Hangar or t-hangar tenants may park automobiles that are fully operational, completely functional and properly permitted by the Airport inside the hangar or t-hangar while the Aircraft based in the hangar or t-hangar is gone. I. Hangar or t-hangar tenants may park automobiles that are fully operational, completely functional and properly permitted by the Airport outside of the hangar or t-hangar while the Aircraft based in the hangar or t-hangar is gone, but only in designated parking areas. Automobiles parked outside of a hangar or t-hangar more than 30 days shall be considered abandoned and the Director of Aviation may take whatever action is deemed appropriate to remove and/or dispose of the automobile. Such action shall be at the automobile operator's risk, cost, and expense and without any liability to the City for damage that may result from such removal and/or disposal. J. Boats, rafts, jet skis, snowmobiles, dune buggies, dirt bikes, all terrain vehicles, race cars, recreational vehicles, trailers, etc. may not be permanently parked or stored in a hangar, t-hangar or anywhere else on the Airport. 16.34.050 Disabled Abandoned or Illegally Parked Vehicles, A. Vehicles shall not be Abandoned at or on the Airport. B. The Director of Aviation may tow or otherwise remove from the Airport any Vehicle that is disabled, Abandoned, and/or parked in violation of these Rules and Regulations (or if the Vehicle creates a safety or security hazard or interferes with Airport operations) at the Vehicle Operator's risk, cost, and expense and without liability for damage that may result from such removal. 16,34.055 Fees and Charges. A. Vehicles shall not be parked in any public parking area of the Airport unless the Vehicle Operator has paid the fees and/or charges that may be established and assessed from time to time by the City unless the Vehicle Operator is exempt from payment as may be stipulated in an Agreement or Permit with the City. B. Nothing in these Rules and Regulations shall be construed as granting any Commercial Vehicle Operator the right to operate at the Airport without obtaining Ordinance No. 1693 Page 98 authorization from the City and without paying the fees and/or charges that may be ' established by the City from time to time. Chapter 16.36 COMMERCIAL VEHICLE RULES AND REGULATIONS Sections: 16.36.005 Regulatory Measures 16.36.010 Commercial Vehicle and Operator Licensing 16.36.015 Parking (or Stopping) 16.36,020 Vehicle Operator Conduct and Appearance 16.36.025 Passenger Loading and Unloading 16.36.030 Vehicle Equipment and Condition 16.36.035 Commercial Vehicles on the AOA 16.36,040 Fees and Charges 16.36.045 Penalties 16.36.005 Recaulatory Measures. A. All Commercial Vehicle Operators on the Airport shall comply fully with the California Vehicle Code (as may be amended from time to time) this Title (including Section 4), and instructions issued by the Director of Aviation. ' B. Enforcement of traffic laws shall be the responsibility of the agency having jurisdiction. 16.36.010 Commercial Vehicle and Operator Licensing. A. Prior to providing Commercial ground transportation services on the Airport, all Commercial Vehicle (Taxi, Charter Party Carrier/Passenger Stage Carrier, and Courtesy Vehicle operators) Operators providing Commercial ground transportation services at the Airport must apply for (complete and submit an Airport Use Agreement and Permit Application to the Director of Aviation) and receive an approved Airport Use Agreement and Permit from the Director of Aviation. B. Commercial Vehicle Operators shall (at their own cost and expense) obtain from all federal, state, and/or local Agencies having jurisdiction, all licenses, permits, Consents, approvals, and authorizations that may be necessary for the provision of Commercial ground transportation services at the Airport. Such documentation shall be produced for examination immediately upon request by the Director of Aviation or Operations Department personnel. Ordinance No. 1693 Page 99 16.36.015 Parking (or Stopping). A. Only authorized Commercial Vehicles shall use the Commercial Lane for parking. B. After discharging passengers at the Airport, each Commercial Vehicle shall immediately leave the Airport (not loiter) or proceed by the most direct route to the Commercial Lane. C. Commercial Vehicles shall not be parked, staged, or stopped in such a manner as to interfere with vehicular or pedestrian traffic at or on the Airport and shall only park, stage, or stop in areas designated by the Director of Aviation. 16.36.020 Vehicle Operator Conduct and Appearance. A. Commercial Vehicle Operators shall remain in their Vehicles or in the immediate vicinity (immediately adjacent to the Vehicle) at all times while at or on the Airport except in those areas designated by the Director of Aviation. B. Commercial Vehicle Operators are prohibited from loitering or standing inside the Airport Terminal Building while their Vehicle is in position in the Commercial Lane. C. Commercial Vehicle Operators shall not solicit, persuade or urge any person (by words, gestures, or other form of communication) to use or hire any Commercial Vehicle Operator. D. Commercial Vehicle Operators shall maintain a professional look and appearance (i.e., clean shirt and pants, shoes, and socks) at all times while conducting Commercial activities at the Airport. E. Commercial Vehicle Operators shall conduct themselves in a courteous and professional manner and treat members of the traveling public with the utmost respect at all times. 1. Commercial Vehicle Operators shall not intentionally obstruct the movement of any person or Vehicle. 2. Commercial Vehicle Operators shall not use offensive, abusive, or obscene language, gestures, or other forms of communication while at or on the Airport. 116.36.025 Passenger Loading and Unloading. A. Commercial Vehicle Operators shall only receive passengers for hire at the Airport from the Commercial Lane. Ordinance No. 1693 Page 100 B. Picking up passenger(s) for hire after or while dropping off passengers and prior to taking position at the rear of the proper line in the Commercial Lane is strictly prohibited. C. Taxis may not refuse a passenger for any reason while waiting in the Commercial Lane. D. Nothing in these Rules and Regulations shall be construed to prevent a passenger from boarding the Taxi of the passengers choice regardless of the position the Taxi occupies in the Commercial Lane. 16.36,030 Vehicle Equipment and Condition. A. All Commercial Vehicles shall be kept in good operating condition and appearance. B. Each Commercial Vehicle operated at the Airport shall be subject to inspection by the Director of Aviation or Operations Department personnel at any time to determine compliance with these Rules and Regulations. Failure to pass any portion of the inspection may result in the Commercial Vehicle being prohibited from picking up and/or dropping off passengers at the Airport until the discrepancies have been corrected to the satisfaction of the Director of Aviation or Operations Department ' personnel. C. All Taxis on the Airport shall be equipped with fully functional and accurate taximeters. D. With the exception of temporarily permitted Vehicles and Category- D Charter Party/Passenger Stage Carriers, all Taxis and Charter Party Carriers/Passenger Stage Carriers shall purchase and utilize a fully functional and accurate transponder for tracking and billing of each Commercial Vehicle. 16.36.035 Commercial Vehicles on the AOA. A. If specifically requested to do so by an Operator, Lessee, or the passenger, escorted Commercial Vehicles may deliver passengers and/or baggage to the AOA or may pick up passengers and/or baggage from the AOA in any area designated for such purposes by the Director of Aviation. B. Commercial Vehicle Operators may not solicit customers on the AOA unless authorized to do so by the Director of Aviation. C. Only those rental car companies that have received authorization from the Director of Aviation may conduct business on the AOA. ' Ordinance No. 1693 Page 101 16.36.040 Fees and Char es. Nothing in these Rules and Regulations shall be construed as granting any Commercial Vehicle Operator the right to operate at the Airport without first obtaining authorization from the Director of Aviation and without paying the fees or charges that may be established by the City from time to time. 16.36.045 Penalties. The penalties for Commercial Vehicle Operators who are determined by the Director of Aviation to be in violation of these Rules and Regulations follow: A. Unsafe Commercial Vehicle 1. Suspension of privileges pending compliance. B. Minor violation (including, but not limited to, picking up passengers in unauthorized areas, the Commercial Vehicle Operator not remaining in or adjacent to the Commercial Vehicle, and loitering in the Airport Terminal Building) 1. First Offense - 24 Hour Suspension of Airport Use Agreement and Permit. 2, Second Offense - Seven (7) Day Suspension of Airport Use Agreement and Permit. 3. Third Offense - 30 Day Suspension of Airport Use Agreement and Permit. 4. Fourth Offense- 60 Day Suspension of Airport Use Agreement and Permit. 5. Fifth Offense - 90 Day Suspension of Airport Use Agreement and Permit. 6. Sixth Offense - Permanent revocation of Airport Use Agreement and Permit. C. Major violation (including, but not limited to, attempt to induce another to commit an illegal act or violation of these Rules and Regulations, failure to obey a lawful order of the Director of Aviation or Operations Department personnel, offensive language, gestures, or other actions, or conduct that is discourteous or unprofessional. Ordinance No. 1693 Page 102 1. First Offense —Warning. ' 2. Second Offense - 30 Day Suspension of Airport Use Agreement and Permit. 3. Third Offense - Permanent revocation of Airport Use Agreement and Permit. D. Reckless driving, arrest at or on the Airport for any criminal action, and driving under the influence of alcohol and/or drugs. 1. First Offense - Permanent revocation of Airport Use Agreement and Permit. E. Any combination of offenses in excess of three may result in the permanent revocation of Airport Use Agreement and Permit. Chapter 16.38 OPERATOR AND LESSEE RULES AND REGULATIONS Sections: ' 16.38.005 Employee and Background Checks 16.38.010 Security 16.38.015 Construction or Alteration of Improvements 16.38.020 Maintenance of Premises 16.38.025 Fire Prevention 16.38.030 Heating Equipment 16.38.036 Aircraft Hangars 16.38.040 Aircraft Tiedowns 16.38.045 Storage of Materials and Equipment 16.38.050 Compressed Gases 16.38.055 Lubricating Oils 16.38.060 Baggage Conveyor System 16.38.065 Right of Entry 16.38.005 Employee and Background Checks. For all persons employed by the City, Operators, Lessees or Sublessees who have unescorted access to any Restricted Area or Sterile Area on the Airport controlled for security reasons, a background check, to the extent allowable by law including, but not limited to, references and prior employment history is required. Ordinance No. 1693 Page103 16.38.010 Security. A. It shall be the responsibility of all Operators/Lessees to ensure that all gates, chains, doors, and locks and all other public safeguards are continually and conscientiously maintained and used in a manner so as to protect all persons- B. For gates or doors that provide access to a Restricted Area through an Operator/Lessee's Leased Premises, it is the responsibility of the Operator/Lessee to ensure that such gates and doors remained closed, locked, and secured when not in use and to ensure that all gates and doors and locking/securing mechanisms, and other public safeguards are continually and conscientiously maintained and used in a manner so as to protect all persons. C. If, as a result of FAA or TSA findings, a breach of security has occurred at a gate or door controlled by an Operator/Lessee and the City is fined, the Operator/Lessee responsible for the gate or door shall be assessed a fine by the City equal to the amount of the City's fine. D. No person shall cause any object to be located within ten (10) feet of the Airport perimeter fence, which could facilitate unauthorized access to a Restricted Area on the Airport. 16.38.015 Construction or Alteration of Improvements. Any construction or alteration of an Improvement located on the Airport shall be performed in compliance with the Airport's Development Guidelines as may be established and amended from time to time, by the City and must be approved in writing in advance by the Director of Aviation. 16.38.020 Maintenance of Premises. A. All Operators and Lessees are required to keep the land and/or Improvements under lease (being occupied or used) free from all fire and safety hazards and maintain the same in a condition of repair, cleanliness, and general maintenance in accordance with the Operator's or Lessee's Agreement with the City. Failure by Operator or Lessee to maintain the land or Improvements under lease (being occupied or used) within the timeframe of the written notice from Director of Aviation (or the period allowed in Operator's or Lessee's Agreement with the City) may result in the Director of Aviation conducting or contracting the maintenance at Operator's or Lessee's cost and expense without liability for damage arising from or out of such action. B. All Operators and Lessees shall be fully responsible for all damage to facilities, Equipment, real property, related appurtenances, and all other Improvements on the Airport in the ownership, care, custody, or control of the City caused by the Ordinance No. 1693 Page 104 Operator or Lessee or by their employees, agents, customers, visitors, suppliers or persons with whom they do business. C. Facilities (including hangar floors) shall be kept clean and clear of the accumulation of oil, grease, flammable liquids, rags, trash or other waste materials. D. The use of volatile or flammable solvents for cleaning floors is strictly prohibited. 16.38.025 Fire Prevention. A. Operators and Lessees shall be responsible for ensuring that fire prevention practices and/or procedures are followed at all times. B. Operators and Lessees that have employees conducting fueling or fuel transfer operations must ensure that all employees receive fire prevention training and instruction by the Airport Fire Department (or designated representative) immediately upon employment and that employees receive such fire prevention training and instruction annually thereafter. Fire prevention training and instruction shall include the use of fire extinguishers, responding to fuel and oil spills, handling flammable materials, and any other items deemed necessary and/or appropriate (for the activity) by the Director of Aviation and shall be documented and kept on file by the Operator or Lessee. C. Operators and Lessees shall provide proper, adequate, inspected, certified, and readily accessible fire extinguishers (that are approved by fire underwriters) for the particular hazard involved (or associated with the activity), 1. Fire extinguishers shall be maintained in accordance with the Uniform Fire Code. 2. A log or a tag showing the date of last inspection shall be attached to each unit or records, acceptable by fire underwriters, shall be kept documenting the status of each unit. 16.38.030 Heating Equipment All heating Equipment and fuel burning appliances installed or used on the Airport shall comply with the requirements of the City, the County of Riverside, the State of California, the Uniform Fire Code, National Board of Fire Underwriters, and the Airport Fire Department. Ordinance No. 1693 Page 105 ' 16.38.035 Aircraft HanWars. A. Aircraft hangars shall only be used for the parking and storage of Aircraft and associated Aircraft Equipment and supplies as approved by the Director of Aviation and the Fire Marshal or as otherwise granted by Agreement with the City- B. Aircraft parked in hangars shall be parked in a manner so as to be completely contained in the hangar and shall not be positioned in such a manner so as to block a runway, Taxiway, Taxilane, or obstruct access to hangars, parked or staged Aircraft, parked or staged Vehicles, doors, gates, or fuel storage facilities except for temporary staging and/or fueling of such Aircraft- C. Use of Aircraft hangars shall be subject to the following restrictions: 1. Unless permission is granted by Agreement with the City, no major Aircraft Maintenance, alterations, or repairs shall be performed in a hangar without the prior written permission of the Director of Aviation. 2. All approved Aircraft Maintenance shall be in compliance with t applicable Regulatory Measures. In addition to the provision contained in Section 16.38.040, no preventive Aircraft Maintenance, as defined in 14 CFR 43, shall be conducted in or from any T-Hangar for any Aircraft not identified on the Agreement (for the hangar) unless prior written permission is granted by the director of Aviation. I 3. For hangars not having a personnel exit door, hangar doors shall remain open 36 inches any time a person is in the hangar. 4. Space heaters may be utilized in hangars so long as they are not left unattended while operating, the heater has a clear radius of 10 feet from Aircraft (or any other object), and fire prevention/safety measures are observed. 5. Oily rags, waste oil, or other materials soiled with petroleum-based products may only be stored in containers with self-closing, tight fitting lids as approved by the Director of Aviation and the Airport Fire Department. 16.38.040 Aircraft Tiedowns. Aircraft Tiedowns shall only be used for the following purposes: 1. Storage and parking of the Aircraft (listed on the Agreement for the Tiedown space) shall be Parked in such a manner as to be completely contained within the Tiedown space and not obstruct adjacent Aircraft parking, staging, and/or storage areas, Taxiways, or Taxilanes except for temporary staging and/or fueling of such Aircraft. Ordinance No. 1693 Page106 2. Performing preventive Aircraft Maintenance on the Aircraft (listed ' on the Agreement for the Tiedown space) and in accordance with applicable regulations. 16.38.045 Storage of Materials and Equipment. A. Operators and/or Lessees shall store materials and Equipment in such manner as to preclude creating any hazard, obstructing any operation, or littering. 1. Storage of materials or equipment shall not be permitted outdoors. 2. Operators and/or Lessees of the Airport can store non-hazardous items in a fully-enclosed and secured container on their Leased Premises as long as such storage complies fully and completely with all applicable Regulatory Measures, B. Railroad (box or tanker) cars, intermodal containers, or tanker, truck, or flatbed trailers, etc. shall not be stored or used to store any type of materials, Vehicles, or Equipment without the prior written permission of the Director of Aviation. C. Unless otherwise provided in an Agreement with the City or unless prior permission is obtained from the Director of Aviation, no person shall use any area of the Airport for storage of cargo or other Property. In the event of a violation of this provision, the Director of Aviation shall have the authority to order the cargo or other Property ' removed, or to cause the same to be removed and stored at the cost and expense of the owner or consignee thereof, without liability for damage thereto arising from or out of such removal or storage on the part of the City or its agents or employees. 16.38.050 Compressed Gases. Oxygen or any compressed gas in a cylinder or portable tank must be secured to a fixed location or secured to a portable cart designed and approved specifically for the cylinder(s) or tank(s) being secured. 1. Compressed gas cylinders or tanks must have approved and fully operational pressure relief devices installed. 2. Cylinders or tanks not in use shall have an approved transportation safety cap installed. 3. Cylinders or tanks shall be maintained in compliance with all applicable Regulatory Measures. 16.38.055 Lubricating Oils. A total of 60 gallons of lubricating oils having a flash point at or above 150 ' degrees may be stored in hangars provided that the product is stored in the original Ordinance No. 1693 Page 107 container and has the original manufacturer's labeling (or that the product is stored in other suitable containers approved by the Director of Aviation and the Fire Marshal). Larger quantities may only be stored in accordance with applicable Regulatory Measures. '16.38,060 Baggage Conveyor System. Operators or Lessees responsible for operating and loading the baggage conveyor system shall also be responsible for unloading all unclaimed baggage. Prior to leaving the baggage conveyor system area, all baggage shall be unloaded. No baggage shall be left on the baggage conveyor. 16.38.065 Right of Entry. A. The Director of Aviation shall have the right of entry at reasonable times for repairs, maintenance, modification, or inspection of all facilities, buildings, and Improvements on Airport Property whether or not the right of entry is provided for in any Agreement or Permit. For facilities, buildings, and Improvements owned by Operators or Lessees, the Director of Aviation shall provide advanced notification in writing. B. The Director of Aviation shall have the right of entry to facilities on Airport property without advanced notification during emergencies. Emergencies may include, but shall not be limited to, fire, flood, or Hazardous Materials leak, or for the protection of life, limb, or property. Chapter 16.40 REFUELING, DEFUELING, AND FUEL STORAGE Sections: 16.40.005 Regulatory Measures 16.40.010 Agreement 16.40.015 Training 16.40.020 Refueling, Defueling, and Fuel Storage Operations 16.40.025 Storage of Refueling Vehicles 16.40.030 Maintenance of Refueling Vehicles 16.40.035 Refueling Vehicles and Equipment 16,40,040 Fuel Storage Facilities 116.40.005 Regulatory Measures. Refueling, defueling, and fuel storage at or on the Airport shall conform to the current applicable provision of 14 CFR; applicable Regulatory Measures; all appropriate NFPA guidelines; FAA Advisory Circular 150/6230-4 (including updates or amendments); applicable provisions of the Airport's SWPPP; applicable provisions of the Regulatory Measures established by the Environmental Protection Agency, Ordinance No. 1693 Page 108 California Environmental Protection Agency, and State Water Resources Control Board, ' relating to these activities. 16,40.010 Agreement. Fuels shall only be dispensed at the Airport by those entities having an Agreement with the City granting such permission. 16.40.015 Training. A. No person shall fuel or defuel an Aircraft until that person is properly trained. B. Training records documenting the training provided to, and the qualifications of, each person shall be maintained and kept on file. 1. Records shall indicate initial training and all recurrent training provided. 2. Recurrent training shall be provided on a regularly scheduled basis, but not less than every year. 3. All records shall be subject to review of and/or inspection by the , Director of Aviation, Operations Department personnel, or other designated representatives of the City. 16.40.020 Refueling, Defueling, and Fuel Storage Operations. A. A properly qualified and trained operator shall be present (and responsive) at all times while fuel is being transferred into or out of any fuel storage facility (from or into fueling Vehicles and Equipment). 1. The operator shall remain within the immediate vicinity, in close proximity to, and in direct view of all operating controls and Equipment. 2. The operator shall not leave the discharge end of any hose or hoses unattended at any time while the transfer of fuel is in progress. 3. The operator shall not block open, disengage, and/or deactivate the deadman or any related controls while fueling and/or transferring fuel. B. Aircraft shall not be refueled or defueled in an area where Aircraft engines are operating, Aircraft (or engines) are being warmed by application of heat, or while the Aircraft is located in a congested or enclosed space (including, but not limited to, ' hangars). Ordinance No. 1693 Page 109 C. All fuel handled at or on the Airport shall be treated with due caution and circumspection with regard to the rights and safety of others so as not to endanger, or likely to endanger, persons or Property. D. Persons engaged in the fueling, defueling, and oil servicing of Aircraft (or Vehicles), the filling of Refueling Vehicles or dispensing Equipment, or the dumping or pumping or loading of aviation Fuels (or oils) into or from Fuel (or oil) storage facilities shall exercise care and extreme caution to prevent overflow of Fuel (or oils) and/or spills. Should a Fuel or oil spill occur on the Airport, the party responsible shall fully and completely comply with Section 16.04.120 of these Rules and Regulations- E. Refueling Vehicles shall be positioned so that the Vehicle can be directly driven away from the loading or fueling position in the event of spill or fire. F. Not more than one (1) Refueling Vehicle shall be positioned to refuel each wing of an Aircraft and not more than two Refueling Vehicles shall be positioned to i service the same Aircraft. i I G. When high capacity Aircraft are refueled, additional Refueling Vehicles shall not be parked or positioned within 100 feet of the Aircraft. i H. Aircraft fuel handling shall be conducted outdoors and at least 25 feet from a any hangar or building and 50 feet from any combustion and ventilation air-intake to any boiler, heater, or incinerator room or as approved by the Director of Aviation and Fire Marshal, I. Pouring or gravity transfer of fuel and fueling from drums is prohibited. J. Vehicles shall be refueled only at refueling stations and from dispensing devices approved by the Director of Aviation- K. Aircraft (or Vehicles) shall not be fueled or defueled while the Aircraft (or Vehicle's) engine is operating unless the Director of Aviation and the Airport Fire Department have granted prior written permission. Fueling shall conform with the procedures stipulated in the Aircraft Operator's Manual. 1. In an emergency resulting from the failure of an onboard auxiliary power unit on a Turbojet Aircraft and in the absence of suitable ground support equipment, a Turbojet engine mounted at the rear of the aircraft or on the wing on the side opposite from the fueling point may be operated during fueling to provide power as long as the operation follows the safety procedures published by the operator. 2. A turbine-powered auxiliary power unit installed aboard an Aircraft may be operated during fueling provided its design, installation, location, and combustion air source do not constitute a fuel vapor ignition source. Ordinance No. 1693 Page 110 L. Aircraft (or Vehicles) shall not be fueled or defueled if an electrical storm is , in progress within the immediate vicinity of the Airport. M. When Aircraft are being fueled or defueled, the Refueling Vehicle shall be bonded to the Aircraft to equalize the voltage potential between the Refueling Vehicle and the Aircraft. All hoses, nozzles, spouts, funnels, and appurtenances used in fueling and defueling operations shall be FM or UL approved and shall be equipped with a bonding device to prevent ignition of volatile liquids. N. Refueling Vehicle Operators shall not operate the Vehicle in reverse anywhere at or on the Airport unless a qualified and trained person is present to safely monitor and direct the movement of the Vehicle. 0. Aircraft shall not be fueled or defueled while passengers are on board unless a passenger-loading ramp is in place at the Aircraft cabin door, the door is in the open position, and an attendant is present at or near the door. If an incapacitated patient is on board the Aircraft during fueling operations, Airport Fire Department personnel and fire fighting/rescue Equipment must be available at the scene. P. No person shall operate any radio transmitter or receiver (or switch electrical appliances on or oft in an Aircraft) during fueling or defueling unless said radio transmitter or receiver is designed specifically for such environment- Q. Over-wing fueling shall only be performed by qualified and trained ' operators. R. Hold-down devices are strictly prohibited. S. For single point fueling, deadman controls or mechanisms shall be utilized and shall remain in good condition (working order) at all times. No person shall deactivate or bypass a deadman control or mechanism at any time. T. During fueling operations, no person shall use any material or Equipment that is likely to cause a spark or ignition within 50 feet of such Aircraft or Vehicle. Smoking, matches, lighters, or any type of open flame are strictly prohibited on the AOA and within 50 feet of any Aircraft, refueling Vehicle, fuel storage facility, or any Aircraft being fueled or defueled. U. Refueling Vehicles (including fuel tankers) shall only use the entrance, exit, and route designated by the Director of Aviation during the transportation and delivery of fuel. V. The City assumes no liability or responsibility for any violation of any Aircraft (or Vehicle) fueling requirement or procedure, any error or omission, any , negligence, or any violation of any applicable Regulatory Measure relating to fueling activities. Ordinance No. 1693 Page 111 1, The Operator or Lessee shall be solely, fully, and completely responsible for any such violation, error, omission, or negligence incident to or in connection with the Operator's or Lessee's fuel storage facilities, Equipment, operations, and training. 2. The Operator or Lessee shall reimburse the Airport for any fines, legal or court costs, incurred by the City for any such violation, error, omission, or negligence. 16.40.025 Storage of Refueling Vehicles. 1 A. Refueling Vehicles shall be stored outdoors and not less than 50 feet from a building i g (or at the distance approved by the Airport Fire Department and the Operations Department unless the building is designed, constructed, and used exclusively, and approved by the City, for this purpose. S. Refueling Vehicles shall be parked in a manner that provides a minimum of 10 feet of separation between Vehicles and any other Vehicle or Aircraft and a minimum of 20 feet from a storm water inlet. 16.40.030 Maintenance of Refueling Vehicles, eA. Maintenance and servicing of Refueling Vehicles shall be performed outdoors or in a building that is approved by the Director of Aviation specifically for this purpose. B. Operator or Lessees shall document and maintain and keep on file Vehicle maintenance and Agency inspection records. These records shall be made available to the Director of Aviation upon request. 16.40.035 Refueling Vehicles and Equipment. A. Only those fuel storage facilities and Refueling Vehicles (and Equipment) that are approved by the Director of Aviation shall be used for the storage and delivery of fuel. B. Refueling Vehicles, fueling pumps, meters, hoses, nozzles, funnels, fire extinguishers, and bonding devices used during fueling operations shall be maintained in a safe operating condition and in good working order and repair at all times. When said Refueling Vehicle(s) or Equipment is found in a state of disrepair, malfunction, or the use constitutes an undue fire or safety hazard, or the operation of said Refueling Vehicle(s) or Equipment would violate any Regulatory Measure, the Operator shall immediately discontinue the use of such Vehicles and/or Equipment until repairs, replacements, or changes are made to render the same safe for continued use. Ordinance No. 1693 Page112 1. Hoses and/or piping connections shall be secured and , capable of holding under pump's rated PSI discharge. 2. Hoses and/or nozzles shall be FM or UL approved with self-closing valve and no "hold-open devices'. 3. All pumps shall be UL or FM approved. 4. All storage tanks shall be rated in accordance with UFC Article 24, Division II and Article 79, Division XII. C. If any malfunction or irregularity is detected on or within the Aircraft being refueled or defueled, refueling or defueling shall cease immediately and the malfunction or irregularity shall be brought to the attention of the Aircraft Operator immediately, D. Refueling Vehicles, Equipment, and fuel storage facilities shall be placarded, marked, and/or color coded in accordance with NFPA Publication 407 and applicable FAA Advisory Circulars. A copy of all applicable permits, registrations, certificates, and insurance documents shall be maintained in each Refueling Vehicle. E. Adequate and proper fire extinguishers shall be immediately available during all fueling and defueling operations. 1. At least two (2) carbon dioxide (or approved dry chemical) fire extinguishers (20 pounds or larger) or the types of fire extinguishers that are capable of extinguishing Category B and Category C fires shall be immediately available_ 2. All extinguishers shall be inspected and certified, as required by law, and all personnel involved with fueling or defueling operations shall be qualified and properly trained to use all fire extinguishers. F. Adequate and proper absorbent material(s) and fuel spill containment capable of damming/diking a fuel spill shall be immediately available at all times. 1. Each Refueling Vehicle shall have a minimum 15-gallon spill kit. 2. Each fuel storage facility shall have a minimum 55-gallon spill kit. G. All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a bonding device to prevent ignition of volatile liquids- H. Refueling Vehicles and Vehicles utilized to deliver fuel to the fuel storage facility shall be subject to inspection by the Operations Department at any time to determine compliance with these Rules and Regulations. Ordinance No. 1693 Page 113 116.40.040 Fuel 5toracae Facilities. A. The maintenance and operation of fuel storage facilities shall meet NFPA 30, NFPA 407, and FAA regulations, and shall be approved by all Agencies who regulate the maintenance and operation of fuel storage facilities. Further the installation of all tanks and/or facilities shall meet the requirements of the Uniform Fire Code, Article 24, B. Any portable containers of more than 50 gallons shall be approved by all Agencies who regulate the storage of fuel and may be used for a period of no more than 90 days and shall be designated for use in a specific location only. C. Plans for fuel storage and installation shall be submitted to the Director of Aviation and approval shall be received from the Director of Aviation prior to any installation. D. All security gates leading into fuel storage areas shall be kept closed and locked at all times except when actually in use. SECTION 3. The City Council declares that, should any provision, section, paragraph, sentence, or word of this ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, section, paragraphs, sentences or words of this ordinance shall remain in full force and effect. SECTION 4. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be published and posted pursuant to the provisions of law and this Ordinance shall take effect thirty (30) days after passage. PASSED AND ADOPTED THIS 19" DAY OF JULY 2006. Ron Oden, Mayor ATTEST: r es Thompson, City Clerk Ordinance No. 1693 Page114 CERTIFICATION: STATE OF CALIFORNIA ) COUNTY OF RIVERSIDE ) ss CITY OF PALM SPRINGS ) I, James Thompson, City Clerk of the City of Palm Springs, California, hereby certify that Ordinance No. 1693 is a full, true, and correct copy, and was introduced at a regular meeting of the City Council held on the 5th day of July, 2006, and adopted at a regular meeting of the City Council held on the 19th day of July, 2006 by the following vote: AYES: Councilmember McCulloch, Councilmember Mills, Councilmember Pougnet, Mayor Pro Tern Foat, and Mayor Oden. NOES: None. ABSENT: None. ABSTAIN: None. mes Thompson, City Clerk City of Palm Springs, California