Fullerton Municipal Code Ch. 18.03 Use and Operation

For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIRPORT. The Fullerton Municipal Airport.

AIRPORT MANAGER. The Administrator of the Airport.

AIRSIDE OPERATIONS AREA. The area on the landing area side of the terminal and administration buildings, aircraft parking areas, shops, hangars, gasoline storage areas, runways, taxiways and all areas separated from roadways, sidewalks, buildings and highways by means of fencing, no trespassing signs or by areas not containing facilities for the convenient, safe and easy entrance of the public into and around subject land sections and areas or any other specific areas designated by the Director as field areas.

LANDSIDE OPERATIONS AREA. The area including the various concessions, restrooms; those portions of terminal and administration buildings provided for use by the public; public roadways and sidewalks on the sides of the terminal and administration buildings away from the landing area; public parking lots, exclusive of such areas as are designated as truck parking, taxicab parking, freight and mail loading and unloading ramps and docks. The inside of tower areas, all office areas, including all kitchen areas, are not public areas.

MOVEMENT AREA. The areas of the airport, namely runway and taxiways, that may not be accessed without the approval of the Air Traffic Control Tower personnel.

(Ord. 3295, passed - -2020)

(A) The Airport Manager is hereby authorized to issue, enforce and give notice, by signs displayed at the airport, of such rules, regulations, orders and instructions not in conflict with, or a duplicate of, any law or any regulation of the Federal Aviation Administration (14 C.F.R.) or of the state, as, in his or her opinion, is necessary to restrict the use of the airport in accordance with the provisions of this chapter.

(B) The airport shall be conducted as a public use airport for the promotion and accommodation of civil aviation and associated activities.

(C) The airport shall be open for public use at such hours and subject to such restrictions not in conflict with any order, rule or regulation of the Federal Aviation Administration or the state, as may be determined by the Council by resolution.

(D) No person shall enter or remain on the airside operations area of the airport without authorization. Those with authorization include:

(1) Owners of aircraft located at the airport;

(2) Pilots and passengers of aircraft located at the airport;

(3) Employees of a business located at the airport;

(4) Employees of the city while on official business;

(5) Employees of the FAA or NTSB;

(6) Persons under contract to maintain equipment at the airport;

(7) Persons making deliveries in the regular course of business to the airport;

(8) Tenants of the city owning businesses at the airport;

(9) Law enforcement and fire suppression personnel on official business; and

(10) Individuals or entities authorized by the Airport Manager.

(E) No person shall be on the movement area at the Municipal Airport without the specific permission of the Air Traffic Control Tower personnel while the air traffic control tower is in operation.

(F) No person not in an aircraft or providing assistance to a disabled aircraft shall be present upon or within 50 feet of any movement area on the airport or be present in any area thereof under the control of the Airport Manager devoted to the movement or operation of aircraft except in an area devoted to the storage or repair of aircraft.

(Ord. 3295, passed - -2020)

(A) It is unlawful for any person to use or operate an aircraft to, on, from or over the airport except in conformity with this chapter and all of the rules, regulations, orders, instructions and signs issued and established by the Airport Manager pursuant to this chapter.

(B) No person shall take off or land an aircraft on the airport except on a hard surface area unless otherwise authorized by the Air Traffic Control Tower personnel. No person shall taxi an aircraft in the movement area unless otherwise authorized by the Air Traffic Control Tower personnel or the Airport Manager.

(C) All aircraft traffic shall conform to the established traffic pattern as approved by the Federal Aviation Administration and posted at the airport unless otherwise instructed by Aircraft Traffic Control Tower personnel.

(D) No person shall park or loiter an aircraft on any runway or taxiway at the airport.

(E) No person shall park, store or repair an aircraft at the airport except in areas designated by the Director.

(F) No person shall conduct initial experimental flights or ground demonstrations at the airport without prior permission of the Airport Manager.

(G) No person shall board or disembark from any aircraft in the movement area except in an emergency or with the prior approval of the Airport Manager.

(H) No person shall park any aircraft overnight without first registering such aircraft with the Airport Manager or his or her representative.

(I) No person shall base an aircraft at the airport without first registering such aircraft with the Director or his or her representative. No person who transfers or acquires the ownership of an aircraft based at the airport shall fail to report such change in ownership within ten days thereof to the Airport Manager.

(J) No person shall leave an aircraft unattended unless it is securely tied down or placed in a hangar.

(K) No person shall start or run any engine in an aircraft at the airport without then having a competent person at the engine controls and either blocks securely placed in front of the wheels of the aircraft or parking brakes set in braking position. No person shall operate at the airport any aircraft engine in such a manner as to endanger life or property.

(L) No person shall operate or taxi any aircraft in, into or out of a hangar at the airport.

(M) If the Airport Manager believes the conditions at the airport or any portion thereof are unfavorable for aircraft operations, he or she may close the airport or such portions thereof, using applicable Federal Aviation Administration procedures as appropriate.

(N) No person shall permit any aircraft in his or her control to remain on any part of the movement areas of the airport for the purpose of repairs. No person shall make any repairs to or perform any maintenance on any aircraft, aircraft engines, propellers, radios, accessories or apparatus at any place on the airport not specifically designated therefor by the Airport Manager.

(O) No person shall taxi an aircraft at the airport except at slow and reasonable speeds or taxi an aircraft onto an airport runway without first stopping and waiting for any approaching aircraft preparing to land or in any manner contrary to directions by the Air Traffic Control Tower personnel.

(P) No person without the owner’s permission shall interfere or tamper with an aircraft parked or stored at the airport.

(Q) No person shall operate or move an aircraft on the airport in willful or wanton disregard for the safety of persons or property thereon.

(R) No person shall start the engine of or taxi any aircraft on the airport in a place where the air or exhaust blast is likely to cause injuries or nuisance to persons or property, whether on or off the airport. If the engine cannot be started or the aircraft taxied without violating this division (R), it must be towed to a safe location before starting the engine or taxiing.

(S) No person shall operate an aircraft at the airport capable of a gross takeoff weight in excess of the weight published in the Federal Aviation Administration Form 5010 Airport Master Record for the Fullerton Airport. The published maximum allowable weight shall not exceed 12,500 pounds, except by permission of the Airport Manager or designee, in case of an emergency.

(T) No person shall operate an aircraft at the airport with a dB(A) noise level in excess of 75 dB(A) as published in the Federal Aviation Administration Advisory Circular (AC) 36-3C or its equivalent.

(U) No flammable or combustible liquid shall be dispensed into or removed from the fuel system of an aircraft within any aircraft hangar and within 15 feet between fuel system cap and the hanger structure.

(V) No flammable or combustible liquid shall be dispensed into or removed from a container, tank, vehicle or aircraft except in a location approved by the Fire Chief and/or Airport Manager.

(W) No person operating an aircraft at the airport shall fail to comply with the requirements for runway length as described in the aircraft’s approved flight manual containing takeoff and landing distance data for that aircraft. All operators of an aircraft shall be in conformity with Federal Aviation Regulation 91.5.

(X) It is highly recommended that any person operating an aircraft at the airport not perform successive pattern work between the hours of 10:00 p.m. and 7:00 a.m. on weekdays or 10:00 p.m. and 8:00 a.m. on weekends or nationally recognized holidays.

(1) For the purpose of this division (X), the following definitions shall apply unless the context clearly indicates or requires a different meaning.

PATTERN WORK. Low approaches or full-stop landings; taxi back for takeoff for training purposes.

SUCCESSIVE. More than one or any combination of the above.

(2) A list of nationally recognized holidays is available at the airport administrative office or at any federally operated business office.

(Y) (1) It is highly recommended that any person operating an aircraft at the airport not perform successive touch-and-go landings between the hours of 6:00 p.m. and 7:00 a.m. nor on weekends or nationally recognized holidays.

(2) For the purpose of this division (Y), SUCCESSIVE means more than one.

(Z) Persons dispensing fuel into any aircraft on the Municipal Airport will:

(1) Ensure that they either have an approved operating agreement with the city to be a commercial vendor for aircraft fueling or that they have a current self-fueling permit, issued by the city for fueling aircraft they own;

(2) Dispense fuel from either:

(a) A vehicle which has been inspected by the City Fire Department and a permit has subsequently been issued for that vehicle to be used as an aircraft refueler; or

(b) Portable containers that comply with the State Fire Code, as adopted, and all other appropriate rules and regulations as they pertain to aircraft refueling activities.

(3) Pay the fuel flowage fee established by a resolution of the City Council.

(Ord. 3289, passed - -2020)

(A) Aircraft operators involved in an accident or incident shall make a full and complete report to the Airport Manager and appropriate agencies in a timely manner, complete any additional required forms and/or reports and comply with NTSB Regulations Part 830.

(B) No person in control of or owning any disabled aircraft or aircraft parts shall permit the same to remain at any place in the airside operations area except as permitted by the Airport Manager or designee.

(C) If a disabled aircraft is in a gear-up position on the runway, and no provisions can be made with airport fixed base operators for its removal, the Airport Manager or designee present will make arrangements with the appropriate crane company for its removal. The city must be reimbursed by the aircraft owner or operator for any charges that are incurred by such removal.

(Ord. 3295, passed - -2020)

Vehicle operators must comply with the Cal. Vehicle Code, Airport rules and regulations, directives of the Airport Manager and law enforcement officers. Vehicle traffic is permitted upon the paths, driveways and grounds on the airport, except those closed to such traffic by the Airport Manager or designee by the Manager’s written statement kept available at the Manager’s office for examination by all interested persons and by the Manager erecting or placing appropriate signs giving notice that such areas are closed to such traffic. Permission is granted upon, and subject to, such conditions and regulations not relating to traffic, as may be hereafter imposed by the Airport Manager or designee and upon, and subject to, the following conditions and regulations.

(A) Legal requirements.

(1) No person shall operate or park a motor vehicle unless such vehicle bears evidence of being currently registered with an official, recognized department of motor vehicles.

(2) No person shall operate any vehicle on the airport while it is constructed, equipped or loaded so as to endanger persons or property.

(3) A vehicle operator involved in an accident resulting in any injury, death or damage to property shall stop and remain at the scene and immediately call “911” and the Airport Office and then wait until a law enforcement officer and/or Fire Department personnel arrive and take a full report.

(4) No person shall permit any vehicle at the airport under his or her control except maintenance or service vehicles authorized by the Airport Manager and equipped with an operable two-way radio open for communication with the airport tower, to enter or be upon any movement area without the permission of the Airport Manager or designee unless otherwise directed from the Air Traffic Control Tower personnel.

(5) No person while operating a vehicle on the Airside Operations Area at the airport shall fail to yield the right-of-way to any landing or taxiing aircraft or operate such vehicle in front of any aircraft whose engines are running.

(6) No person shall clean or make any repairs to a motor vehicle anywhere on the airport other than at a designated shop area, except as to repairs authorized by the Airport Manager or necessary for its removal.

(7) No person shall back a gasoline tender unless he or she remains in the vehicle, and no person shall stand on the running board or fender of a gasoline tender that he or she is backing. No person shall position a gasoline tender so as to prevent its rapid removal.

(B) Parking.

(1) No person shall park or stand a motor vehicle on the airport except in an area specifically designated and posted therefor by the Airport Manager and notice thereof is given by posting in such area.

(2) No person shall park a motor vehicle in any area on the airport for a period longer than that prescribed by the Airport Manager.

(3) No person shall park a vehicle in a restricted or reserved area on the airport unless he or she displays, in a manner prescribed by the Airport Manager, a parking permit issued by the Airport Manager for that area, which permit is hereby authorized to be issued and such areas are hereby authorized to be restricted or reserved by the Airport Manager to aid in the efficient operation of the airport.

(4) No person shall abandon a motor vehicle on the airport.

(5) No person shall leave a motor vehicle standing unattended or parked on the airport with a key in the ignition switch, the motor running, a key in the door lock or an open door.

(6) No person shall park or stand a motor vehicle at any place on the airport in violation of any sign posted by the Manager.

(7) No person shall park or stand a motor vehicle within 15 feet of a fire hydrant on the airport, or park in such a manner as to block any fire gate or entrance.

(8) No person shall park a motor vehicle in any marked space in such a manner as to occupy more than one space.

(9) No person shall park a motor vehicle in any individual storage hangar or aircraft shelter unless permitted by the owner or the lessee of such structure.

(10) No person shall park a motor vehicle in a pay parking area without paying the parking fee required by the City Council.

(11) The Manager or agent may have removed, at the owner’s expense, any motor vehicle which is parked on the airport in violation of this section. Such vehicle shall be held subject to a lien for the cost of such removal.

(Ord. 3295, passed - -2020)

(A) No person shall be disorderly, obnoxious, indecent or commit any act of nuisance on the airport.

(B) No person shall engage in gambling in any form on the airport.

(C) No person shall dispose of garbage, papers, refuse or other such material on the airport except in receptacles provided for that purpose.

(D) No person shall destroy, injure, deface or disturb any building, sign, equipment, marker or other structure, tree, flower, lawn or other public property on the airport. Damaged or destroyed property shall be replaced and/or repaired and paid for by the responsible person(s). In addition, the responsible person(s) may also become ineligible to lease hanger space or tie down locations at the sole discretion of the City Manager and/or designee.

(E) No person shall alter, make additions to or erect any building or sign or make any excavations on the airport without the permission of the Airport Manager or the Council.

(F) No person shall willfully abandon any personal property, on the airport.

(G) (1) No person, except peace officers, an authorized post office or air carrier employee or a member of the armed forces on official duty, shall carry any weapon or explosive openly or concealed except gasoline in trucks, tanks or other containers intended therefor, on the airport without the written permission of the Manager. This section shall not apply to persons authorized by government authority or permit to carry weapons or to persons carrying firearms in cases, broken down or unloaded when said firearms are being transported by air.

(2) For the purposes of this section, weapons include all those listed in the Cal. Penal Code as might be amended from time-to-time.

(H) No person shall solicit fares, alms or funds for any purpose on the airport without the permission of the Airport Manager.

(I) No person, without the permission of the Airport Manager, shall post, distribute or display any commercial sign, advertising or announcement at the airport or distribute anything in any field area. No person shall distribute anything on the airport in a manner so as to litter the airport or so as to interfere with any operation thereon or with any public use of the airport. No person, without the consent of the Airport Manager, shall post, display, print, write, draw or paint anything upon any of the walls, steps or floors of any public building on the airport.

(J) No person shall loiter or loaf on any part of the airside operations area.

(K) No unauthorized person shall enter any restricted area posted as being closed to the public.

(L) No person shall use a restroom other than in a clean and sanitary manner.

(M) No person shall drink alcoholic beverages in the administration building lobby without the prior authorization of the Airport Manager.

(Ord. 3295, passed - -2020)

(A) No person shall occupy, or place anything upon, or walk upon any part of the airside operations area in such a manner as to hinder, delay or obstruct its use for the passage of aircraft, vehicles or pedestrians as permitted by the Manager.

(B) No person shall walk on any part of the airside operations area in a picket line, whether or not as a picket, or take part in a labor or other public demonstration, at any place or in any manner such as to obstruct the free passage of aircraft, vehicles or persons lawfully upon the airport or such as to impair any use of the airport.

(Ord. 3295, passed - -2020)

(A) Use of premises. No lessee of airport property shall knowingly allow the property leased to him or her to be used or occupied for any purpose prohibited by this chapter.

(B) Trash containers.

(1) No tenant, lessee, concessionaire, licensee or agent of any of them, doing business on the airport, shall permit, have or keep any trash containers on a sidewalk or road in any public area of the airport, unless tightly covered.

(2) No person operating on the airport any vehicle containing trash, dirt or any other material shall permit any of the contents of such vehicle to fall, drop, leak or otherwise escape onto the airport.

(3) No person shall operate on the airport any uncovered vehicle while hauling any trash.

(4) No person shall spill any dirt or any other material on the airport from a vehicle or otherwise.

(C) Bulletin boards. All commercial operations, as defined in § 18.03.110, conducted in a leased a hangar or other operational area on the airport shall maintain a bulletin board in a conspicuous place in his or her hangar or area and post on such board all legally required employer postings including, but not limited to, federal and state employment notices, current worker’s compensation notices, a list of physicians provided under his or her worker’s compensation insurance, a list of his or her liability insurance carriers, a copy of this chapter and a copy of each pertinent order or instruction issued under this chapter by the Airport Manager.

(D) Storage of equipment. No person shall store or stack equipment or any material at any place on the airport in a manner hazardous to persons or property. Said storage shall only be on leasehold premises in which the person is authorized to store equipment or materials and in areas specifically approved in writing by the Airport Manager.

(E) Fire apparatus. No lessee or licensee of a hangar, shop facility or other operational area on the airport shall fail to have and maintain such readily accessible fire extinguishers, approved by fire underwriters for the hazard involved, as and where the Airport Manager shall specify in writing as necessary.

(Ord. 3295, passed - -2020)

No person shall engage in any business or commercial activity on the airport without the approval of and under the terms prescribed by the City Council in “Minimum Standards for Commercial Aeronautical Activity.” For the purpose of this section, a COMMERCIAL OPERATION includes, but is not limited to, the teaching of flight and flight instructions; the rental and charter of aircraft; the furnishing of gasoline, oil and grease; the providing of instrument, radio and other component sales and service; the repair, maintenance, overhaul and exchange of aircraft engines and other aircraft parts and all other mechanical services for hire, compensation or reward pertaining to an aircraft.

(Ord. 3295, passed - -2020)

A schedule of rates and charges for use of the airport and its facilities established by City Council resolution shall be posted in the office of the Airport Manager. No person subject to such charges shall make any use of the airport without payment of the charges therefor fixed by City Council and posted in the office of the Airport Manager.

(Ord. 3295, passed - -2020)

(A) Any violation of this chapter is a misdemeanor. In addition to the penalties prescribed below, any person operating an aircraft or vehicle in violation of this chapter may be summarily denied use of the airport movement area for not more than seven consecutive days by the Airport Manager when a continuation of such violation would impair or jeopardize the use or operations of the airport. Any such person may be denied access to the airport movement area for a period of greater than seven days upon the order of the Airport Manager after reasonable notice and the opportunity to be heard, for such length of time as the Airport Manager may find necessary to safeguard the public and the airport, its use and operations.

(B) In addition to the above, every violation of § 18.03.030(U), (V) and (Z) is punishable by:

(1) A fine of $250 for a first violation;

(2) A fine of $500 for a second violation of the same section within one year; and

(3) A fine of $1,000 for each additional violation of the same section within one year.

(Ord. 3295, passed - -2020)