Gustine Municipal Code Art. 2 Municipal Airport

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State Law reference— Airports generally, Public Utilities Code § 21661 et seq.

(a) The office of the airport manager of the city is hereby created and established. The airport manager shall be appointed by the city manager and shall hold office for and during the pleasure of the city manager.

(b) The airport manager shall receive such compensation as the council shall from time to time determine.

(c) The airport manager shall supervise all activities at the Gustine Municipal Airport and shall enforce all pertinent laws, ordinances, rules, and regulations of the city and the federal and state aviation authorities that shall apply to persons or firms using the facilities of the Gustine Municipal Airport. In addition to his general powers as supervisor of the airport, and not as a limitation thereon, he shall also have the following powers and duties:

(1) Attendance at airport commission meetings. To attend all meetings of the city's airport commission unless excused therefrom; and

(2) Collection of fees. To promptly and properly collect all fees due the city from transient users of the airport facilities; to promptly pay such fees to the city treasurer; and to report monthly to the city manager as to the amount and kinds of fees collected; it shall not be his duty to collect monthly rentals or fees due from regular occupants or users of the airport.

(Code 1966, §§ 2-4.401—2-4.404)

The airport commission of the city is hereby established as an advisory commission of the city.

(Code 1966, § 2-2.401)

(a) The Gustine Airport Commission shall consist of five members appointed by the city council. Residence within the city shall not be required for appointment to the commission. The term of appointment shall be two years. Terms shall be staggered, with two commissioners in one term, and three commissioners in another term.

(b) The mayor, with the approval of the city council, shall appoint one member of the city council to serve as an ex officio member of the commission without the right to vote.

(c) All of the members of the airport commission shall serve without compensation.

(Code 1966, §§ 2-2.402, 2-2.404; Ord. No. 427, § I(2-2.402), 12-6-2004)

The airport commission shall elect from among its members a chair.

(Code 1966, § 2-2.403)

The airport commission shall establish the time and place of its regular meetings.

(Code 1966, § 2-2.405)

The airport commission shall have the following powers and duties:

(1) To act in an advisory capacity to the council of the city for the operation, maintenance, and development of the Gustine Municipal Airport;

(2) To prepare and submit to the council of the city a proposed budget for the operation and improvement of the airport;

(3) To advise the council as to the availability of any cooperative agreements and/or projects for the maintenance and/or improvement of the airport.

(Code 1966, § 2-2.406)

The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

City includes authorized agents of the city.

Fixed base operator means any person using the airport as a base of operations.

(Code 1966, § 4-7.118)

The provisions of this division apply to the municipal airport.

In addition to any other penalty prescribed in this chapter, any person operating or handling an aircraft on the airport in violation of any provision of this chapter or refusing to comply therewith in any respect may be removed or ejected from the airport and may be deprived of the further use of the airport and its facilities for such length of time as may be deemed necessary to ensure the safeguarding of the airport and its facilities and the public and its interest therein.

(Code 1966, § 4-7.1101)

The municipal airport shall be conducted as a facility for the promotion and accommodation of air traffic and shall be operated as a public airport.

(Code 1966, § 4-7.101)

The airport shall be open for public use at all hours of the day and night, subject to the rules and regulations set forth in this chapter, the payment of fees, and subject to such restrictions due to inclement weather, the condition of the landing area, the presentation of special events, and like causes as may be determined by the airport commission.

(Code 1966, § 4-7.102)

No person shall use the airport as a base for the carrying on of commercial activities, for instruction in aviation in any of its branches, for the sale of fuels, refreshments, or any commodity, or for any other commercial purpose, unless a permit has been granted therefor by the city. The airport shall be conducted as a terminal facility for the promotion and accommodation of air commerce and as a public air terminal.

(Code 1966, § 4-7.103)

State Law reference— Unauthorized sales at airports, Public Utilities Code § 602.4.

The use of the airport or any of its facilities in any manner shall create an obligation on the part of the user thereof to obey all the regulations set forth in this chapter and as adopted from time to time by the city.

(Code 1966, § 4-7.104)

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

(Code 1966, § 4-7.105)

All operators and aircraft shall be certified by the Federal Aviation Agency.

(Code 1966, § 4-7.107)

The city shall have the authority to take such steps as may be necessary for the handling, policing, and protection of the public while present at the airport.

(Code 1966, § 4-7.109)

Each tenant and user of the airport shall collect and deposit all garbage, refuse, and rubbish in receptacles provided by the city. Each fixed base operator shall pay a separate fee for garbage service. Agricultural aircraft operators shall be responsible for the disposal of all chemical bags, cans, and other receptacles used in relation to their operation.

(Code 1966, § 4-7.110)

State Law reference— Litter, Penal Code § 374.

Any person causing damages to airport lighting or any other airport property, improvement, or facility shall reimburse the city fully for such damages.

(Code 1966, § 4-7.111)

Business, advertising, or other signs or placards shall not be erected, placed, or displayed on any of the airport property without the prior approval of the city. The city may designate the location, size, type, color, or other characteristics thereof, and this approval may be made subject to such designations. Any such sign shall also comply with all applicable building, electrical, and other codes of the city.

(Code 1966, § 4-7.112)

No motor or other vehicle for hire shall be housed or operated from the airport without the prior approval of the city.

(Code 1966, § 4-7.113)

No dogs or other pets shall be permitted on the airport or any of its facilities, unless such dog or pet is confined in an automobile, cage, or on a leash and under the full and complete control of some responsible person.

(Code 1966, § 4-7.114)

The maximum speed for the operation of motor vehicles on the airport shall be 25 miles per hour.

(Code 1966, § 4-7.115)

State Law reference— Regulation of vehicle traffic at airports authorized, Vehicle Code §§ 21108, 21113.

No firearms shall be discharged on the airport.

(Code 1966, § 4-7.116)

No vending machine of any kind shall be placed, used, or maintained on the airport or any of its improvements or facilities, unless the council has first given its approval.

(Code 1966, § 4-7.117)

No fixed base operator shall use the airport or its facilities, improvements, or equipment, unless such operator holds a fully paid up policy of public liability and property damage insurance, naming the city as a coinsured, plus a hold harmless clause, in the minimum amounts of $1,000,000.00 each, respectively, and furnishes proof to the city of such insurance.

(Code 1966, § 4-7.119)

All motor or other vehicles kept at the airport on a permanent basis shall park only in those areas designated for vehicle parking. Such permanently parked vehicles shall be required to obtain a parking permit from the city. No motor or other vehicle shall be parked on any taxiway, apron, or tiedown area so as to obstruct aircraft traffic flow.

(Code 1966, § 4-7.121)

Parachute activities shall be prohibited, except by permission of the council and after compliance with the applicable laws, rules, and regulations of the state. This section shall not apply to aircraft during emergency conditions where parachuting from the aircraft is for the health, safety, or preservation of the crew thereof.

(Code 1966, § 4-7.801)

The air traffic rules promulgated by the Federal Aviation Agency of the United States of America, as now or hereafter amended, are hereby referred to, adopted, and made a part of this chapter as fully in all respects as if particularly set forth in this chapter.

(Code 1966, § 4-7.106)

No person shall navigate any aircraft over, land upon, take off from, or service, repair, or maintain any aircraft on the airport or conduct any operation on or from the airport otherwise than in conformity with the rules and regulations set forth in this chapter and those of the Federal Aviation Agency.

(Code 1966, § 4-7.108)

The direction of traffic shall be governed by the segmented circle.

(Code 1966, § 4-7.201)

Notwithstanding any of the other provisions of this chapter, all helicopters and rotor-wing aircraft shall comply with a flight pattern set by the city.

(Code 1966, § 4-7.202)

No takeoff shall be made from a taxi strip.

(Code 1966, § 4-7.203)

For aircraft flying the standard pattern the minimum altitude shall be 800 feet AGL.

(Code 1966, § 4-7.204)

All aircraft approaching the airport for landing shall fall in the line of traffic and skirt the field to a point where a landing can be made in the direction indicated by the segmented circle and in accordance with all the regulations of the Federal Aviation Agency, as now or hereafter amended. Takeoffs likewise shall comply with all the regulations of the Federal Aviation Agency, as now or hereafter amended.

(Code 1966, § 4-7.301)

So far as is practicable, no aircraft taking off shall make any turn at a distance of less than 1,000 feet horizontally from the nearest edge of the airport.

(Code 1966, § 4-7.302)

When in the vicinity of aircraft landing or taking off, an aircraft being taxied shall be brought to a complete stop.

(Code 1966, § 4-7.303)

The city may refuse clearance to any aircraft until all charges for storage, supplies, and services rendered to it shall have been paid.

(Code 1966, § 4-7.402)

The parking of aircraft shall be permitted only in those areas designated by the city.

(Code 1966, § 4-7.403)

Every person instructing students in flying shall acquaint them with the rules and regulations in effect.

(Code 1966, § 4-7.501)

(a) No aircraft engine shall be started on an aircraft not equipped with adequate brakes which are fully set, unless the wheels have been set with blocks that are equipped with ropes or other suitable means for removing them.

(b) No aircraft engine shall be started or run unless a competent operator shall be at the controls of the aircraft.

(c) No aircraft engine shall be started or run in a hangar or other building, nor in such a manner that a draft from the propeller will be directed into a hangar or other building.

(Code 1966, §§ 4-7.601—4-7.603)

Every person using the airport or its facilities in any way shall use the utmost caution to prevent fire and shall otherwise conduct himself so as to prevent bodily injuries or property damages.

(Code 1966, § 4-7.701)

No aircraft shall be permitted to remain on any part of the landing or takeoff area for the purpose of repairs. All repairs of every kind shall be made at the places designated therefor.

(Code 1966, § 4-7.401)

No aircraft shall be fueled or drained while its engine is running or while in a hangar or other enclosed place. Fueling shall be done in such a manner and with such equipment that adequate connections for the grounding of static electricity shall be continuously maintained during such time, and only in the fueling area.

(Code 1966, § 4-7.702)

No cylinder or flask of compressed flammable gas shall be kept or stored, except at a place designated by the city and the fire department of the city for that purpose. The storing of aviation fuel in hangars or adjacent areas shall not be permitted.

(Code 1966, § 4-7.703)

The cleaning of motors or other parts of aircraft shall not be carried on in any hangar, except with nonflammable substances. If flammable liquids shall be employed for this purpose, the operation shall be carried on in the open air and in such other structures as may meet with the approval of the city and the fire department of the city and in compliance with any applicable law or regulation governing such activity.

(Code 1966, § 4-7.704)

No person shall smoke or ignite any match or cigarette lighter in any hangar or building, except in offices, waiting rooms, or buildings in which smoking is authorized specifically by the city.

(Code 1966, § 4-7.705)

Repairs on storage floors of hangars primarily used for aircraft storage shall be limited to inspections and the replacement of minor parts. The changing of motors or major overhaul of motors and the painting of aircraft shall be prohibited, unless special permission is obtained from the council.

(Code 1966, § 4-7.706)

Hangar entrances shall be kept clear at all times.

(Code 1966, § 4-7.707)

Floors shall be kept clean and free from oil, and no volatile, flammable solvent shall be used for cleaning floors.

(Code 1966, § 4-7.708)

Boxes, crates, rubbish, paper, and other litter shall not be permitted to accumulate in or about any hangar, and all oil, paint, and varnish cans, bottles, and other containers of flammable liquids shall be removed from the hangar immediately upon being emptied.

(Code 1966, § 4-7.709)

The payment of any fee or rental which may be required by the council shall be a condition precedent to the use of the airport.

(Code 1966, § 4-7.120)

Tiedown fees shall be set by the city council.

(Code 1966, § 4-7.901)

Commercial operators with a possible environmental impact shall have a permit from the city. Crop dusters shall pay a fee for the use of the airport, which fee shall be set by the city council.

(Code 1966, § 4-7.902)

Fees for fixed base operators shall be determined by potential use, based on a lease agreement. All fees shall be reviewed from time to time.

(Code 1966, § 4-7.903)

No agricultural aircraft operator shall use the airport for the commercial operation of his business without the written approval of the city and executing an agreement therewith.

(Code 1966, § 4-7.1001)

Agricultural operations shall be conducted only from those areas as designated on the airport by the city.

(Code 1966, § 4-7.1002)

All agricultural operators shall provide the city with proof of proper state and county licensing in the conduct of agricultural commercial operations.

(Code 1966, § 4-7.1003)

All agricultural operators shall keep in effect liability insurance in the amount of $1,000,000.00 with a ten-day cancellation notice, with the city named a co-protectorate in the policy, plus a hold harmless clause.

(Code 1966, § 4-7.1004)

All agricultural operators using the airport commercially, other than fixed based operators, shall pay the normal tiedown fee as established per month, per aircraft.

(Code 1966, § 4-7.1005)

(a) All agricultural operators using pesticides, defoliants, and herbicides shall be required to use the closed mixing and closed loading systems.

(b) No agricultural chemicals shall be stored at the airport.

(c) Operators shall supply the city, on a monthly basis, with a list of chemicals being flown from the airport. A list of monthly chemical use permits granted to agricultural operators using the airport shall be obtained from the county agricultural commissioner.

(d) No agricultural operator shall wash or flush tanks or spray equipment containing agricultural chemicals on the airport.

(Code 1966, §§ 4-7.1006—4-7.1009)

The location and types of materials allowed to be washed from any agricultural aircraft shall be approved by the city. The washing of the exteriors of agricultural aircraft shall be restricted to areas designated by the city.

(Code 1966, §§ 4-7.1010, 4-7.1011)