Banning Municipal Code Ch. 13.04 Municipal Airport

A. The Banning Municipal Airport is operated by the city for the use and benefit of the public under the authority granted under laws of the state of California and under the terms of the city's assurance agreements with the federal government.

B. The airport shall be open for public use subject to such restrictions as may be necessary due to inclement weather, the conditions of the landing area, the presentation of aviation-related events and such other events as may be determined by the city manager, and subject to such fees and charges as may be established without discrimination for each class of user.

C. The use of the airport or any of its facilities in any manner shall create the obligation and the implied consent of the user to obey all of the regulations presented in this chapter.

(Code 1965, § 28-1.)

It is declared that the purpose of this chapter is to further the public interest, welfare and safety by providing for the protection and promotion of safety in the operation of aircraft over and on the Banning Municipal Airport.

(Code 1965, § 28-2.)

For the purposes of this chapter, certain words and phrases used in this chapter are defined as follows:

"Aircraft" means a device that is used, or intended to be used, for flight in the air, under control of a pilot. It includes airplanes, helicopters, gliders and lighter-than-air devices, such as blimps and balloons, but does not include hang gliders or ultra-light craft.

"Aircraft parking/tie-down area," means a hard—surfaced area that is equipped with devices to secure aircraft to the ground.

"Airport manager" means the person designated by the city council to manage the airport or his designee.

"Apron" means a hard-surfaced area adjacent to hangars, repair shops, taxiways, runways or the like, used to load, unload, service or handle aircraft.

"Designated fuel pump area" means that area surrounding the fuel pumps, as marked on the asphalted surface.

"Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, or body politic, except the United States, the state, or the county, and includes any agent, trustee, executor, receiver, assignee or other similar representative thereof.

"Pilot" shall mean an individual solely responsible for the control and operation of an aircraft.

"Terminal operations/passenger area" means that area immediately north of the terminal building and south of the primary taxiway.

(Code 1965, § 28-3.)

A. The airport manager shall have the authority and the duty to prescribe reasonable regulations relating to the use of the Banning Municipal Airport. Any such regulations shall first be submitted to the Banning Airport advisory commission for its recommendations and thereafter, such regulations shall be submitted to the city council for approval before taking effect. All regulations so prescribed and approved shall be filed in the office of the airport manager, made available for public inspection and publicly posted at the airport. During an emergency, the airport manager may grant a variation to these rules for the duration of the emergency.

B. Application. The provisions of this chapter shall be applicable to all aircraft operating on or over the Banning Municipal Airport.

C. Authority. The provisions of this chapter shall be construed to supplement federal and state laws when not expressly inconsistent therewith concerning the conduct of aircraft on or over the airport and the regulations provided in Federal Aviation Administration regulations are adopted as part of this chapter.

(Code 1965, § 28-4.)

No person, not properly certified by the Federal Aviation Administration and no aircraft not similarly certified shall operate on or over the airport; provided, that this restriction shall not apply to public aircraft belonging to the government of the United States or to a state, territory, possession or any political subdivision, nor to any aircraft of a foreign country operated under permission of the federal government.

(Code 1965, § 28-5.)

A. The rules and regulations promulgated by the Federal Aviation Administration and the California Aeronautics Commission, presently in effect and all additions or amendments thereto, are referred to, adopted and made a part of these regulations in every respect as if they were fully set forth in this chapter.

B. The operation of the Banning Municipal Airport shall be under the direction of the airport manager, who shall be responsible to the city manager of the city. The airport manager shall enforce all regulations of the airport including, but not limited to the storage and movement of all aircraft and surface vehicles.

C. The airport manager shall be in charge of all fuel dispensed from city-owned fueling facilities and shall be responsible for reporting to the fire department any violation of fire and safety regulations governing the transportation, storage and use of fuel, and other inflammable substances brought on the airport that may be in violation of the Uniform Fire Code and related codes adopted by the city.

D. No person shall transport fuel onto the airport without a permit from the city fire department. No person shall fuel an aircraft on the airport except in those areas approved for such operation by the city fire department.

E. The airport manager shall be responsible for renting city-owned vacant hangars, shall oversee the manner in which the hangar space is utilized in accordance with the hangar/storage license, shall manage the aircraft tie-downs for most efficient and safe utilization of available areas, and shall assume managerial responsibility for the collection of all city hangar and tie-down rents.

F. Any aircraft awaiting takeoff from the Banning Municipal Airport shall be parked in such a position as to have a direct view of aircraft approaching for landing, and takeoff shall not commence until the pilot has ascertained that no aircraft is on final approach for landing on the runway, and that the runway to be used for takeoff is itself clear of landing or taxiing aircraft.

G. No person operating an aircraft shall land or takeoff from the Banning Municipal Airport except on the runway designated for takeoff and landing.

H. No aircraft after takeoff shall deviate from a straight course until after passing the boundaries of the airport and reaching an altitude of two thousand nine hundred feet mean sea level (MSL).

I. The aprons at the Banning Municipal Airport shall be used only for loading, unloading, servicing and authorized refueling of aircraft.

J. Unattended aircraft shall be parked only in areas designated as tie-down areas, or in hangars; provided further, no aircraft shall be parked in a tie-down area unless it is positioned over and attached to a tie-down facility.

K. Emergencies requiring police, fire or medical aid shall be reported by calling the Emergency Service No. 911.

L. The terminal operations/passenger area shall remain clear except for the registration, loading and unloading of aircraft.

M. All accidents involving personal injury or property damage in excess of fifty dollars occurring on the Banning Municipal Airport shall be reported in writing to the office of the airport manager within twenty-four hours.

N. Failure to pay duly established fees incurred for the parking of aircraft on the airport shall constitute a lien upon the aircraft. The city may hold such aircraft until the fees are paid or may dispose of the aircraft, as provided by law, in the event the fees are not paid.

O. The registered owners/operators of all aircraft permanently based on the airport and parked in the city-owned hangars or tie-down areas shall register their full names and mailing addresses with the airport manager or his designated representative on the aircraft registration form provided by the city.

P. The owner/manager of each privately owned hangar or tie-down facility on the airport shall, not later than the tenth of each month, furnish the airport manager with a roster of aircraft and their registered owners/operators current as of the last day of the preceding month. The report shall be submitted on a form provided by the city.

Q. FAA-approved maintenance and repair of aircraft may be performed inside hangars in accordance with the hanger/storage license or on aircraft in parking/tie-down areas, provided that no outside maintenance and repairs shall be performed which cannot be completed prior to 10:00 P.M. on the day of such maintenance and repair and, provided further, that no such maintenance and repair which exceeds the owner/operator level shall be performed unless under the supervision of a properly licensed mechanic and in accordance with Section 13.04.080 of this chapter.

R. The registered owner/operator of each aircraft parked on the airport shall be responsible for properly securing the aircraft to protect the aircraft from wind damage.

S. Traffic Patterns. All aircraft, except in an emergency, shall conform to the following traffic patterns:

1. The established traffic patterns are north of the airport at an altitude of three thousand twenty feet MSL, as published in the airport/facility directory, and are depicted in the segmented circle located on the north side of the runway near the rotating light beacon tower;

2. Straight-in approaches shall not be made except in an emergency;

3. Aircraft entering or leaving the traffic pattern shall exercise extreme caution and shall not cause other aircraft already in the pattern to deviate from their courses;

4. Such charts and visual diagrams as are necessary to display the authorized traffic patterns shall be adopted by resolution and by reference made a part of this chapter.

T. Communication with Banning UNICOM. Pilots of aircraft equipped with a communication radio shall observe the following procedures:

1. All traffic inbound to the airport shall continuously monitor 122.8 Megahertz and, when approximately five miles from the airport, call Banning UNICOM for airport advisory on surface weather conditions and airfield conditions;

2. In the event Banning UNICOM does not reply, the inbound pilot shall broadcast "in the blind" to the Banning TRAFFIC, stating his position and intentions;

3. Departing pilots shall monitor 122.8 Megahertz, broadcasting their positions and intentions to Banning TRAFFIC.

(Code 1965, § 28-6.)

A. No person shall operate any surface vehicle upon the runways, taxiways, terminal operations/passenger area, designated fuel pump area or area between the fuel pumps and the concrete block building east of the fuel pumps, without the authorization of the airport manager or his designee, provided that owners/drivers of surface vehicles may drive to their parked aircraft keeping clear of and yielding right-of-way to all aircraft.

B. Drivers shall close the gates behind themselves upon entering or leaving the airport, between the hours of 5:00 P.M. and 8:00 A.M.

(Code 1965, § 28-7.)

A. No person shall use the airport for commercial activities without a written contractual arrangement with the city. Commercial activities shall include, but are not limited to, carrying passengers for hire, flight instruction, aircraft rental, sales of goods and services, agricultural operations and aircraft maintenance and repairs.

B. Any person using the airport as a base for agricultural and aerial application which involves the loading, the unloading and the storage of chemicals shall first obtain a permit from the city. The permit shall specify the areas which may be used, applicable restrictions, the amount of such operating fees that may be required and the time period for which the permit is valid.

(Code 1965, § 28-8.)

The privilege of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user. Users shall release, hold harmless, defend and indemnify the city, its elected officials, officers and employees from and against any liability or loss resulting from such use, as well as against claims of third persons so using the airport. The exercise of the privilege of use shall constitute an acknowledgment that the city maintains said airport in a governmental capacity.

All city-based users of the airport shall maintain in full force and effect and at all times the insurance required by this section and shall provide the city a certificate of insurance for a minimum of three hundred thousand dollars general liability, and naming the city as an additional insured with waiver of subrogation. Such insurance shall be primary as to the city and be noncontributing with any insurance or self-insurance maintained by the city.

(Code 1965, § 28-9.)

Any person operating an aircraft on the Banning Municipal Airport shall maintain comprehensive public liability and property damage insurance on the aircraft in such amounts as may be determined by resolution of the city council.

(Code 1965, § 28-10.)

A. Any person who violates any provision of this chapter shall be guilty of an infraction, pursuant to the provisions of Government Code Section 36900 and the penalties provided therein, and upon conviction thereof shall be punishable by a fine in the amount of:

Infraction Fines Amount:

1. Fine not exceeding one hundred dollars for the first violation;

2. Fine not exceeding two hundred dollars for the second violation of the same provision within that one year;

3. Fine not exceeding five hundred dollars for each additional violation of the same provision within one year.

B. Cumulative Remedy. The remedies prescribed in this chapter are intended to be in addition to any other procedures or penalties prescribed by law.

(Code 1965, § 28-11.)

It shall be the duty of the airport manager, or the city manager or his representative, of the city to enforce the provisions of this chapter and all other state and federal laws and regulations applicable to the Banning Municipal Airport.

(Code 1965, § 28-12.)

Safety rules and regulations as established by the appropriate federal and state entities are referred to and made a part of this chapter. Such additional safety rules and regulations as may be required by the city shall be adopted by resolution and by reference made a part of this chapter. Code 1965, § 28-13.)