Dunsmuir Municipal Code Ch. 14.04 Mott Airport Rules and Regulations

The ordinance codified in this chapter may be referred to as the "Mott Airport rules and regulations" and shall constitute Chapter 14.04 of the Code of the City of Dunsmuir, California.

(Prior code § 21-1; Ord. No. 549, § 1, 7-30-2015)

This chapter applies equally to every user of the Mott Airport.

(Prior code § 21-2; Ord. No. 549, § 1, 7-30-2015)

A. For the purposes of this chapter, the following definitions and meanings shall apply unless otherwise specified:

"Air carrier" means any person who undertakes directly, by lease, or other arrangement, to engage in air transportation of persons or things. They operate, in various categories, under authority or certification by the U.S. Civil Aeronautics Board and/or the California Public Utilities Commission. Categories include certificated route air carriers, trunk carriers, flag carriers, local service carriers, all-cargo carriers, helicopter carriers, commercial air operators, air taxi operators, and charter air carriers.

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

"Airport" means the Mott Airport, its buildings and facilities, all lands owned by the city contiguous to the airport, including airspace above such land and the designated approaches thereto.

"Airport manager," as used in this chapter, means city manager.

"Air traffic" means aircraft operating in the air or on an airport surface, exclusive of loading ramps or parking areas.

"Air traffic clearance" means an authorization issued by air traffic control personnel for an aircraft to proceed under specified traffic conditions within controlled airspace.

"Autorotation" means a rotorcraft flight condition in which the lifting rotor is driven entirely by action of the air when the rotorcraft (helicopter) is in motion.

"Balloon" means a lighter-than-air aircraft which is not engine driven.

"Ceiling" means the height above the earth's surface of the lowest layer of clouds or obscuring phenomena, that is reported as "broken," "overcast" or "obscuration," and is not classified "thin" or "partial."

"Commercial operator" means any person who, for compensation or hire, engages in the carriage of persons, property, or mail in air commerce, or engages in other aerial activity such as flight instruction, aerial photography, firefighting, agricultural aviation activities, traffic surveillance.

"Commercial use" means use of the Mott Airport for revenue-producing commercial activities.

"Fixed base operator" means any person who rents, leases or owns facilities located on the Mott Airport, who by virtue of his specific type of aviation (or aviation-related) activity, requires the occupancy of a site with contiguous aircraft apron and direct access to the aircraft operation area, and who engages in a business activity providing aviation sales or services, including, but not limited to any of the following:

1. Selling and/or servicing new and used aircraft and component parts;

2. Aircraft maintenance and repairs;

3. Sales and/or repair of avionics;

4. Aviation training (including ground or flight instruction);

5. Aerial photography;

6. Air ambulance service;

7. Aircraft agricultural operations (cropdusting, spraying, or the application of seed, fertilizers, pesticides, defoliants, etc.); and

8. Aircraft rental, charter, leasing.

"Flight visibility" means the average forward horizontal distance from the cockpit of an aircraft in flight, at which prominent unlighted objects may be seen and identified by day, and prominent lighted objects may be seen and identified by night.

"Ground visibility" means prevailing horizontal visibility near the earth's surface.

"Helicopter" means a rotor driven aircraft (rotor-craft) that, for its horizontal motion, depends primarily on its engine-driven rotors.

"IFR" means instrument flight rules covering meteorological conditions below the minimums for flight under visual (VFR) conditions.

"Maintenance" means inspection, overhaul, repair, preservation and the replacement of parts, but excludes preventive maintenance.

"Maximum gross landing weight" means the maximum landing weight stipulated for a particular aircraft by the Federal Aviation Administration (FAA).

"Night" means the time between the end of evening civil twilight and the beginning of morning civil twilight as published in the American Air Almanac, converted to local time.

"Person" means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity, and includes a trustee, receiver, assignee, or similar representative of any of them.

"Traffic pattern" means the traffic flow that is prescribed for aircraft landing at, or taking off from the Mott Airport.

"VFR" means visual flight rules covering meteorological conditions, above those requiring flight IFR conditions.

B. Word Construction. The following construction applies throughout this chapter:

1. Words importing the singular include the plural.

2. Words importing the plural include the singular.

3. Words importing the masculine gender include the feminine.

(Prior code § 21-4; Ord. No. 549, § 1, 7-30-2015)

A. Management. It shall be the responsibility of the manager to fairly and impartially administer the Mott Airport rules and regulations.

B. Users. It shall be the responsibility of every user of the Mott Airport, pilot or other, to become familiar with the Mott Airport rules and regulations and to obey those rules and regulations. A copy will be maintained current to reflect any amendments and will be posted in the hangar. Additional copies will be provided by the city clerk to any user of the airport who requests such copy.

(Prior code § 21-3; Ord. No. 549, § 1, 7-30-2015)

This chapter is enacted to protect the health, safety and peace, and to promote the welfare and convenience of the general public using the Mott Airport, or affected by activities related to the airport by providing for the orderly conduct of activities on, or related to, the airport.

(Prior code § 21-5; Ord. No. 549, § 1, 7-30-2015)

Any person desiring to store or base his aircraft at the Mott Airport shall register his aircraft at the city clerk's office prior to beginning such storage or operations, and at any time that a change in ownership occurs. The use of the airport or any of its facilities in any manner shall create an obligation on the part of the user to obey all of the rules and regulations provided in this chapter.

(Prior code § 21-6; Ord. No. 549, § 1, 7-30-2015)

No person shall utilize the Mott Airport for any revenue-producing commercial activities without first obtaining the necessary business license and complying with any applicable zoning regulations. The airport manager shall establish, and maintain available for examination upon request, a schedule of fees and charges for the use of the airport and its facilities. Any aircraft owner who fails to pay any fee duly charged for aircraft owned or controlled by him shall have such aircraft subject to impounding until the fees are paid, along with any impound fees, or until the aircraft is sold for charges.

(Prior code § 21-7; Ord. No. 549, § 1, 7-30-2015)

Aircraft shall only be stored or parked at places designated by the airport manager and such storage or parking shall be at the sole risk of the owner or operator of the aircraft, and without any responsibility of the Mott Airport, the city, or any of its officers or employees, for any loss of, or damage to the aircraft while so stored or parked. The owner or operator of the aircraft shall be responsible for the tying-down and securing of his aircraft. He shall likewise be responsible for any liability arising from or caused by his aircraft or his activities. Transient aircraft shall only be parked in the area designated by the airport manager.

(Prior code § 21-8; Ord. No. 549, § 1, 7-30-2015)

The Mott Airport shall be open for public use on a twenty-four (24) hour basis, subject to any restrictions imposed by the airport manager due to inclement weather, the condition of the landing area, the presentation of special events, construction or repair activities, state directives or similar causes. The airport is unattended and there are no fuel services. Information may be obtained by contacting the airport manager at telephone number 235-4822.

(Prior code § 21-9; Ord. 509 § 7 (part), 2002; Ord. No. 549, § 1, 7-30-2015)

No aircraft shall be left unattended on the airport unless properly secured or within a hangar. Owners of aircraft left so unattended shall be liable for damage to other aircraft or property resulting from the failure to adequately secure or tie down the aircraft.

(Prior code § 21-10; Ord. No. 549, § 1, 7-30-2015)

Unless otherwise authorized by the airport manager, no aircraft or vehicle maintenance (other than required to remove damaged aircraft from the runway(s) or taxiway(s), or replacing a flat tire) shall be performed on the Mott Airport except in areas specifically approved by the airport manager for that purpose.

(Prior code § 21-11; Ord. No. 549, § 1, 7-30-2015)

Every person involved in, or witnessing an aircraft accident on the airport shall report promptly the details of such accident to the airport manager, to the FAA and to local law enforcement personnel, as required by law. In addition, the pilot or aircraft owner shall report fully to the California Division of Aeronautics the details on any accident in which there is death or injury, or in which damage to property of others exceeds four hundred dollars ($400.00). The owner and/or pilot of an aircraft which is damaged in an accident, or wrecked, shall be responsible for the prompt removal of the aircraft as directed by the airport manager. Where the pilot or owner is unable to arrange removal of such disabled or wrecked aircraft, the airport manager shall have authority to move, or arrange the removal of, the aircraft when released (if applicable) by the FAA or the National Transportation Safety Board (NTSB). No liability shall be incurred by the airport manager or others for damage aggravated by, or resulting from, such removal.

(Prior code § 21-12; Ord. No. 549, § 1, 7-30-2015)

No person shall operate any aircraft in flight or on the ground in such a manner as to cause unnecessary noise as determined by applicable federal or state or local laws and regulations.

(Prior code § 21-13; Ord. No. 549, § 1, 7-30-2015)

No person shall enter any restricted area which is posted or closed to the public except:

A. Persons duly authorized by the airport manager; or

B. Law enforcement or firefighting personnel.

(Prior code § 21-14; Ord. No. 549, § 1, 7-30-2015)

A. No person shall willfully and knowingly permit any animal owned, possessed or harbored by him to enter the airport unless the animal is leashed or restricted in such manner as to be under control, or is in a shipping container or is otherwise under physical restraint.

B. Any person allowing, either willfully or unknowingly, any animal to run loose upon the runway of the airport shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not more than one thousand five hundred dollars ($1,500.00) or by imprisonment for a term not exceeding six months, or by both such fine and imprisonment.

(Prior code § 21-15; Ord. 509 § 7 (part), 2002; Ord. No. 549, § 1, 7-30-2015)

No person shall enter upon any runway, or runway enclosure, of the Mott Airport, except in an aircraft, without the express consent of the airport manager or his designated representative.

(Prior code § 21-16; Ord. No. 549, § 1, 7-30-2015)

No person shall start any aircraft engine on the Mott Airport:

A. Unless a competent operator is at the controls; and

B. Unless the aircraft is equipped with adequate brakes fully applied or the wheels are securely blocked with blocks or chocks that can be removed safely; and/or

C. When the aircraft is in such a position that the propeller slipstream or jet blast can cause damage to, or interfere with the operation of other aircraft, vehicles, mobile equipment, hangars, shops, other buildings, or can cause injury to passengers, spectators or other personnel.

(Prior code § 21-17; Ord. No. 549, § 1, 7-30-2015)

No person shall taxi any aircraft into, out of or within any hangar or other building on or adjacent to the airport. Nor shall any person move any aircraft under its own power on the airport unless he is in full control of such aircraft, and has assured himself that there is no danger of collision with other aircraft, vehicles, equipment, buildings or other obstacles. Aircraft shall be taxied at a safe speed, not to exceed fifteen (15) miles per hour.

(Prior code § 21-18; Ord. No. 549, § 1, 7-30-2015)

A. No person shall place, deposit or dump any garbage, cans, bottles, papers, ashes, sewage, carcass of any dead animal, offal, trash rubbish debris or any other refuse and/or waste matter in any location on airport property except in containers plainly marked for such purposes.

B. Any person found in violation of this section shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding one thousand-five hundred dollars ($1,500.00) or by imprisonment not exceeding six months or by both such fine and imprisonment.

(Prior code § 21-19; Ord. 509 § 7 (part), 2002; Ord. No. 549, § 1, 7-30-2015)

No person shall shoot any projectile from a firearm or other device, into, on or across any portion of the airport, nor have in his possession, or under his control, any firearm which is not unloaded and securely wrapped and boxed for shipment, or explosive or explosive device; provided, however, that this section does not apply to peace officers or military personnel who are acting in the performance of their duties as such.

(Prior code § 21-20; Ord. No. 549, § 1, 7-30-2015)

Every aircraft before landing and after takeoff shall be flown in accordance with the traffic pattern illustrated on the diagram attached to the ordinance codified in this chapter as Exhibit A, and made a part of this chapter. Aircraft traveling faster than one hundred twenty-five (125) miles per hour, shall be flown using the outside pattern shown on Exhibit A. (Exhibit A to be furnished by airport manager.)

(Prior code § 21-21; Ord. No. 549, § 1, 7-30-2015)

A. No aircraft shall be fueled or defueled while the aircraft engine is running.

B. No smoking shall be permitted within fifty feet (50) of the aircraft or fuel truck while the aircraft is being fueled or defueled.

C. During fuel handling, no passenger shall be permitted in or on the aircraft.

D. All hoses, funnels and appurtenances used in fueling or defueling activities shall be equipped properly with a grounding device to prevent possible static ignition of volatile liquids. Such grounding devices shall be used during all fueling and defueling activities.

E. During fuel-handling activities, no person shall operate any radio transmitter or receiver, nor switch electrical appliances on or off in such aircraft, or in the immediate vicinity (fifty (50) feet) thereof.

F. Every person engaged in aircraft fuel handling shall exercise due care to prevent the overflow or spilling of fuel.

G. During fuel handling, no person shall use any material or device which is likely to cause a static spark, within fifty (50) feet of such aircraft or fuel truck.

(Prior code § 21-23; Ord. No. 549, § 1, 7-30-2015)

A. No person shall travel on any portion of the airport except upon the roads, walks or places provided for the particular class of traffic, nor occupy the roads or walks in such manner as to hinder or obstruct their proper use.

B. Motor vehicle traffic shall yield the right-of-way to aircraft.

C. Any accident, involving a motor vehicle, which results in a fatality or injury, or in property damage shall be reported by the driver to the airport manager.

D. No person shall operate any motor vehicle on the airport in excess of twenty (20) miles per hour (except emergency vehicles responding to an emergency situation). On passenger loading ramps, in aircraft parking lots, and in areas immediately adjacent to hangars, speed shall not exceed ten (10) miles per hour. The speed limit on the airport access road from Mott Road shall be twenty-five (25) miles per hour.

E. Vehicles that are to be left unattended may be parked only in designated airport vehicle parking lots.

F. Vehicles parked other than specified above may be moved by airport personnel, and in such event a towing charge will be levied prior to releasing the vehicle from impound. No liability for damages sustained by such vehicles during said movement will be assumed by the city or any of its officers or employees.

G. Motor vehicles shall not be driven on or across runways or other portions of aircraft operating areas without clearance from the airport manager. Violation of this provision shall constitute a misdemeanor, punishable by a fine not exceeding one thousand-five hundred dollars ($1,500.00), or by imprisonment not exceeding six months or by both such fine and imprisonment.

H. Motor vehicles shall not be driven or parked upon, or within fifty (50) feet of aircraft parking areas, ramp areas, or aprons without express approval of the airport manager. (Exceptions: airport maintenance or emergency vehicles, or fuel or service vehicles.)

I. No person may operate a motor vehicle or aircraft in or on any portion of the airport while under the influence of intoxicating liquor or drugs.

(Prior code § 21-24; Ord. 509 § 7 (part), 2002; Ord. No. 549, § 1, 7-30-2015)

A. No person shall light or smoke any cigarette, cigar, pipe, or similar object in the following areas:

1. Within any hangar or fuel-handling or storage areas;

2. Within or upon any aircraft parking area or ramp;

3. Inside any aircraft (whether or not such aircraft are parked or stored) or within fifty (50) feet thereof;

4. Within fifty (50) feet of any posted "No Smoking" sign.

B. No person may use flammable liquids, solvents or substances to clean any aircraft, engine, part, or accessory thereof, within any hangar or building except a building specially designed for that purpose and approved in writing by the airport manager. Such approval shall only be granted when the airport manager approves the ventilation provisions, fireproofing and fire-extinguishing equipment.

C. No person shall light or use any open flame for any purpose in any hangar or other building on the airport without the prior written consent of the airport manager.

D. No person shall operate any electric or gas welding or cutting equipment anywhere on the airport without prior written approval of the airport manager.

E. No person shall clean or degrease any aircraft, or part thereof, except at or in a maintenance station properly equipped for such purposes, or in a space authorized by the airport manager.

F. No person shall store or stock any material or substance, or permit such activities in or on the airport in such a manner, or of such nature, as to constitute a fire hazard. No person shall keep, store or discard any flammable liquid, gas, signal flare, or other flammable material in any hangar, shop, building, room, enclosure, or other place on the airport except in areas specifically designated by the airport manager for such purpose.

G. Lessees of hangars, shops, or other airport areas shall provide suitable metal receptacles with hinged lids for the storage of oily waste, rags and other similar rubbish. All such materials shall be removed by the lessee at frequent intervals.

H. Every lessee shall maintain his leased area clean and reasonably free of oil, grease, waste, other flammable materials and weeds.

I. Lessees shall provide, and maintain in proper working order, adequate and readily accessible fire extinguishers. Each such extinguisher shall bear a suitable tag which indicates the most recent date of inspection or servicing. Extinguishers shall be approved by the Dunsmuir city fire marshal if they meet the requirements of the fire marshal.

(Prior code § 21-25; Ord. No. 549, § 1, 7-30-2015)

No person shall deliver aviation fuels or lubricants to, or dispense such fuel from, at or upon the airport without a permit from the airport manager. For the right, privilege and concession of making deliveries of all types of aviation fuels and lubricants, and other fuels, to any person or location at or upon the airport, other than to a central fuel service stand provided by the airport, there is levied against such permit holder, a gallonage charge of ten cents ($0.10) per gallon for each gallon of fuel so delivered. This provision does not apply to employees of the Mott Airport. The maximum retail price per gallon of fuel dispensed at the airport shall be as established by the airport manager. No fuel shall be stored anywhere on the airport except in underground tanks, or such other tanks as may be approved by the airport manager.

(Prior code § 21-26; Ord. No. 549, § 1, 7-30-2015)

Each aircraft based at the Mott Airport must be covered by bodily injury liability insurance with a minimum limit of one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per incident (or a single limit liability of three hundred thousand dollars ($300,000.00)) and property damage liability with a minimum limit of one hundred thousand dollars ($100,000.00).

(Prior code § 21-27; Ord. No. 549, § 1, 7-30-2015)

No person shall:

A. Take or use any aircraft, aircraft parts, instruments or tools pertaining thereto, which are owned, controlled or operated by any other person, while such aircraft, parts, instruments, or tools are stored or otherwise left on the Mott Airport, or within its hangars, buildings or facilities, without the written consent of the owner/operator thereof, except upon satisfactory evidence of the right to do so duly presented to the airport manager, or authorized by him, or so ordered by a court of competent jurisdiction;

B. Land, take off, taxi, or otherwise operate any aircraft on, at or from, the Mott Airport when he knows such aircraft is not operating properly, or equipped with any part or safety device which is defective or unsafe. Deviations from this restriction shall only be permitted by specific authorization from the airport manager or his designated representative. Nor shall any aircraft be operated on at the airport, or on any runway thereof, when the airport or runway has been closed to traffic by the airport manager or other legal authority, and such closure has been indicated by the placement of an "X" at each end of the closed runway;

C. Engage in the performance of any aerobatics, stunt, maneuver not necessary to a normal takeoff, landing, normal turn or level flight of the aircraft, over or within one mile of the exterior boundaries of the airport;

D. Engage in the sale of any goods, wares, merchandise or services at or upon the airport without first having secured from the airport manager a permit therefor, and paying any required fees for such permit.

E. Loiter or tarry upon any airport property unless first obtaining written permission from the airport manager. Any person found in violation of this provision shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine not exceeding one thousand five hundred dollars ($1,500.00), or by imprisonment not exceeding six months or by both such fine and imprisonment.

(Prior code § 21-28; Ord. 509 § 7 (part), 2002; Ord. No. 549, § 1, 7-30-2015)

The airport manager is directed and authorized to close the airport, or portions thereof, or suspend operations related to the landing, takeoff or taxiing of aircraft during any period in which he determines that such operations, or their continuance, would be hazardous. Causes for such closure could include, but would not be limited to, adverse weather conditions, runway maintenance or repairs, runway obstacles, fire, aircraft or other accident. Any such closure shall be effective only during such time as there is placed at each end of each runway so closed, a letter "X," the arms of which are at least twenty (20) feet long and two feet wide, and so colored as to contrast with the background or other surface. The airport manager shall immediately notify the appropriate flight service station advising of the closure.

(Prior code § 21-29; Ord. No. 549, § 1, 7-30-2015)

Unless noted otherwise, the violation of any provision of this chapter shall be an infraction, punishable by a fine of up to six hundred and seventy-five dollars ($675.00).

(Prior code § 21-30; Ord. 509 § 7 (part), 2002; Ord. No. 549, § 1, 7-30-2015)