Hanford Municipal Code Ch. 13.20 City Airport

For the purpose of this chapter, the following words, terms and phrases are defined as follows:

"Aircraft"

means a device that is used or intended to be used for flight in the air.

"Aircraft movement area"

means runways, runway turn-offs, taxiways, ramps, aprons, tie-down areas, and all other areas where aircraft normally operate under their own power.

"Aircraft parking space"

means an area for the parking of aircraft for the loading and unloading of passengers, baggage, freight, mail and other cargo upon and from aircraft for departure, such as inspection and servicing with fuel; for making emergency repairs to aircraft; and for parking mobile equipment used in connection with the foregoing.

"Airplane"

means a motor driven, fixed wing aircraft that is heavier than air and supported in flight by the dynamic reaction of the air against the wing.

"Airport"

means any or all airports under the control of the city and includes all property and improvements upon the airport property or within the boundary lines of the airport property.

"Airport manager"

means the airport manager as appointed by the city manager.

"City"

means the city of Hanford or its authorized agent including, without limitation, the airport manager.

"Commercial vehicle"

means any type of vehicle whatsoever, used or maintained for the transportation of persons for hire, compensation, or for profit; or designed, used or maintained primarily for the transportation of goods or property.

"Fixed base operator"

means any person leasing airport land and/or facilities from the city and conducting thereon a business related to aviation including, without limitation, the business of aeronautics, engine, aircraft and air frame repairs, fueling, lubes, oxygen, renting of aircraft, sale of new and used aircraft, sale of engine parts and accessories, flight instruction, and commercial aircraft use.

"Flight training"

means training within an aircraft, including, without limitation, taxiing, warm-up and airborne flight.

"Flying club"

means an association or group of individuals jointly engaged in flying aircraft and related activities.

"Glider"

means a fixed wing aircraft that is heavier than air and supported in flight by the dynamic reaction of the air against its lifting surfaces and whose free flight does not depend principally on an engine or motor.

"Ground school"

means basic aviation fundamentals taught in a classroom type setting including, without limitation, basic navigation, aeronautical terminology, aircraft orientation and air traffic principles.

"Ground vehicle"

means any motor vehicle other than an aircraft.

"Hangar"

means a building intended to house aircraft for storage, maintenance, or any other purposes allowed by this chapter.

"Hazardous materials"

include, but shall not be limited to, asbestos, asbestos-containing matter, and the group of organic compounds known as polychlorinated biphenyls, as well as substances defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1802; the Resource Conservation Recovery Act of 1976, 42 U.S.C. Section 6901 et seq.; ("RCRA"); those substances identified in regulations, orders and publications adopted pursuant to California Health and Safety Code 25249.8, as "Chemicals Known to Cause Cancer or Reproductive Toxicity"; and those substances defined as "hazardous wastes" in Section 25117 of the California Health and Safety Code and in the regulations adopted and publications promulgated pursuant thereto and any regulations which now exists or which may be enacted or become effective after the date of this lease; all as the foregoing may be amended or recodified from time to time.

"Itinerant operator"

means any person using, on a temporary or intermittent basis, the airport and/or airport facilities.

"Non-aviation commercial operator"

means any person engaged in any business permitted under this chapter which business is other than that of an aviation operator or fixed base operator.

"Permanent based aircraft"

means any aircraft parked or stored on the airport for 30 days or more.

"Person"

means any individual, firm, copartnership, corporation, company, association, organization, joint stock association, body politic, trustee, receiver, assignee, or other similar representative thereof.

"Pre-flight/pre-check"

means procedures conducted to assure the aircraft is airworthy and ready for flight.

"Public aircraft facilities"

means facilities provided and made available by the city for public use by aircraft operators.

"Ramp/apron"

means paved area where aircraft tiedowns are located.

"Restricted areas"

include, without limitation, all runways and taxiways, fuel stations, mechanical rooms, electrical vault, and other posted facilities. The city may designate any area on the airport as a restricted area. No person shall enter any restricted area except for those specific purposes allowed in that area.

"Runway"

means an area for landing and taking off of aircraft.

"Shelters/shades"

means covered parking area for aircraft, normally open at one or both ends.

"Supervised areas"

means all aprons, hangars and aircraft operation areas.

"Taxiway"

means an area for the ground movement of aircraft.

"Terminal apron space"

means the area in the vicinity of terminal buildings, and any future additions thereto, extensions thereof, and improvements thereon, which space is for the loading and unloading of passengers, baggage, freight, mail and other cargo to or from aircraft; for performing operations incidental to the immediate departure of aircraft such as inspection, cleaning and servicing with fuel, lubricants and other supplies, and for parking mobile equipment used in connection with the foregoing.

"Tie down"

means an unenclosed space where an aircraft may be tied down with suitable chains or other devices to prevent its unintentional movement.

"Transient aircraft"

means any aircraft parked or stored on the airport for less than 30 days.

(Prior code § 4-7.101)

A. Subject to the provisions of this chapter, the airport shall be open for public use for the activities identified in this chapter and subject to payment of all applicable fees or other charges specified in agreements, leases, licenses, or other conditions of use required by this chapter.

B. The airport shall be open for public use at all hours of the day and night subject to such restrictions as set forth herein or as otherwise established by the city or the airport manager.

C. All users of and persons on the airport shall be governed by the provisions of this chapter and any additional rules or regulations issued by the city or the airport manager. The airport manager shall have the authority to take such actions as may be necessary to ensure the safe and normal use of the airport and to safeguard persons and property at the airport.

D. The provisions of this chapter shall not amend, modify, supersede or conflict with any provisions of federal or state laws, or any specific contractual agreement of the city regarding the operation of the airport; provided, however, that the provisions of this chapter shall, insofar as possible, be interpreted so that such a conflict shall not exist.

E. If any provisions of this chapter are declared invalid or unenforceable, for any reason, all other portions shall remain in effect and be construed to achieve the purposes hereof.

F. All users of and persons on the airport shall obey all federal, state and local laws, ordinances, rules and regulations relating to the use of the airport and its facilities including, without limitation, all fire, safety and health regulations, as well as rules and regulations relating to the use of areas specifically designated for storage or parking of aircraft.

(Prior code § 4-7.201)

Neither the city nor any of its officers, officials, employees, agents or representatives shall be responsible for any liability by reason of injury or death to any person while on the airport or while using the facilities at the airport nor shall it be responsible for any damage to property stored upon the airport.

(Prior code § 4-7.202)

Any person who is a party to a contract, agreement, lease or other document with the city with regards to the use of airport facilities shall at all times maintain the insurance which is required under said contract, lease or other type of agreement.

(Prior code § 4-7.203)

Any person involved in any accident occurring on the airport, including, without limitation, pedestrian, aircraft or automotive accidents, shall make a full report to the airport manager as soon after the accident as possible, but not later than 24 hours. This provision does not relieve any person from reporting such accident as required by Federal Aviation Regulations.

(Prior code § 4-7.204)

A. Flying Clubs. Flying club aircraft shall be an aircraft owned and/or operated by a flying club as defined in Section 13.20.010.

A flying club may operate at the airport upon satisfaction of the following conditions:

1. The flying club shall provide the airport manager with a copy of the registration certificate of all flying club aircraft.

2. Such registration certificate for the flying club aircraft must show the names of all owners thereof if the club is not incorporated. If the flying club is incorporated, the certificate of registration must be in the name of the corporation.

3. In the event the flying club aircraft is leased, in addition to the registration certificate showing the name of the lessor of the aircraft as registered owner thereof, the flying club shall furnish to the airport manager the names of all of the lessees of said flying club aircraft.

4. On or before January 5th of each year, the flying club shall provide the airport manager with a membership roster which will identify the name, address and telephone number of each member of the flying club.

5. Each flying club shall provide the airport manager with a list of the names and addresses of its board of directors, the names and addresses of its lessors, if its aircraft are leased, its organizational documents, bylaws and all other rules and regulations governing the flying club's operation.

6. Provide to the city or the airport manager, a certificate of insurance establishing that at all times while operating at the airport, the flying club will maintain a policy of general comprehensive liability insurance of not less than one million dollars ($1,000,000.00) for injury or death to one person, one million dollars ($1,000,000.00) for injury or death to more than one person and one million dollars ($1,000,000.00) for claims of third persons for property damage. Such insurance shall name the city, its officers, officials, employees, agents and representatives as additional insureds and shall provide for 30 days written notice to the city prior to modification or cancellation of the policy of insurance.

B. Other Uses. The airport may also be used for other purposes including, without limitation, the following:

1. Fixed base operations;

2. Charter services;

3. Flight training;

4. Aircraft storage;

5. Any other use which is subject to a contract, lease or other agreement by and between the city and the user. Any use of the airport other than the use of the airport for transient aircraft shall be subject to a written contract, lease or other type of agreement by and between the city and the user. No person or entity shall have the right to utilize the airport for any purpose other than transient aircraft without first entering into a contract, lease or other agreement with the city for such use.

(Prior code § 4-7.205)

In addition to this chapter and any other rules or regulations established by the city:

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

B. No person shall engage in or operate gambling in any form on the airport.

C. No person shall dispose of garbage, papers, refuse, fluids or other materials on the airport, except in receptacles provided for that purpose.

D. No person shall destroy, injure, deface or disturb any building, sign, equipment, marker, structure, landscaping or other property on the airport.

E. No person shall alter or make additions to any existing structures on the airport, or erect any building or other structure or sign, or make any excavations on the airport without the written permission of the city.

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

G. No person shall knowingly or willfully make any false statement or report to the city or to the airport manager.

H. No person shall enter any restricted areas posted as being closed to the public, except as provided in Sections 13.20.020 through 13.20.090.

I. No person shall enter upon the field area, utility and service rooms or areas except: aircraft owners, pilots, passengers, operators and their employees, and others as approved by the city or the airport manager.

J. No person shall loiter on any part of the airport or in any building on the airport. No person shall come upon or use the airport, after having been refused the use of the airport by the city, except while traveling through as a passenger on or in a licensed common carrier transportation vehicle or while boarding or departing as a passenger on an aircraft operating on the airport.

K. No person shall engage in any business or commercial activity of any nature whatsoever on the airport including, without limitation, flight instruction, aircraft and engine repair, unless such person has entered into a written lease with the city for the leasing of facilities at the airport to carry on such business or commercial activity and has been issued a business license by the city. A person holding a current Federal Aviation Administration flight instruction license who provides in-flight instruction shall not be subject to this subsection.

L. No person shall hand prop or start an engine of any aircraft unless a licensed pilot, student or mechanic is at the controls of the aircraft or the aircraft is properly secured by a tiedown.

M. No person shall perform engine warm-up, prolonged engine test operations, or preflight engine operation checks in any area that would result in a hazard to other aircraft or property.

N. No aircraft shall be started within the confines of a shelter/shade or hangar. Once removed from the shelter/shade or hangar, the aircraft shall be turned 90 degrees to all other aircraft before it is started.

(Prior code § 4-7.206)

Except as to the city, no person shall post, distribute or display any sign, poster, sticker, advertisement, circular or other written or printed matter on the airport premises, airport buildings, or structures, unless that person has obtained prior written permission from the city. One rectangular shaped 12 inch by 18 inch "For Sale" sign may be placed in aircraft located at the airport.

(Prior code § 4-7.207)

The airport manager with the approval of the city council shall establish and implement rules and regulations for the operation of aircraft and the use of the airport ("airport rules and regulations"). The airport rules and regulations may be amended or modified at any time by the airport manager with the approval of the city council. The airport rules and regulations are incorporated by reference and made a part of this chapter. Any violation of the airport rules and regulations shall constitute a violation of this chapter.

(Prior code § 4-7.208)

All persons using the airport for any purpose shall abide by all applicable provisions of the latest edition of the Uniform Fire Code and National Fire Protection Association standards.

(Prior code § 4-7.301)

A. No person shall keep nor store any flammable liquids, aircraft fuel, signal flares or other similar material in the hangars or in any structure on the airport unless such materials are kept in proper receptacles installed on the aircraft for such purposes, or in rooms or areas specifically approved for such storage by the city.

B. Except as to a fixed base operator disposing of waste oil in a tank satisfying all applicable federal, state and local laws, rules and regulations, no person shall keep or store waste oils in or about any portion of the airport property.

C. Small supplies of lubricant oil may be kept in a hangar in their original containers.

D. Storage of fuels allowed under subsection A above shall conform to standards established by the Kings County health department and Hanford fire department.

(Prior code § 4-7.302)

The following rules govern the fueling and de-fueling of aircraft:

A. All fueling operations must be conducted in accordance with the latest edition of the Uniform Fire Code and National Fire Protection Association standards.

B. No aircraft shall be fueled while the engine is running or being warmed by applications of exterior heat, or while such aircraft is in a storage hangar, enclosed space, shelter or shade or within 25 feet of any structure.

C. No aviation fuel will be brought on the airport for the re-fueling of aircraft, except low octane fuel for aircraft that have a Supplemental Type Certificate (STC) or an FAA approved experimental aircraft.

D. Any person who brings STC fuel or fuel for an FAA approved experimental aircraft upon the airport shall register with airport manager. All STC fuel must be pumped into the aircraft with the use of a hose and shall not be poured into the aircraft directly from a fueling container.

E. No person shall smoke within 50 feet of an aircraft being fueled or de-fueled.

F. No person shall operate a radio transmitter or receiver or switch electrical appliances OFF or ON in an aircraft during fueling or de-fueling.

G. During re-fueling or de-fueling, the aircraft and the fueling dispensing apparatus shall both be grounded to a point or points of zero electrical potential.

H. No person shall use any material during fueling or de-fueling of an aircraft which is likely to cause a spark or be a source of ignition.

I. Operational fire extinguishers shall be within ready reach of all persons engaged in fueling or defueling aircraft.

J. No person shall start the engine of any aircraft when there is fuel on the ground under such aircraft. All such fuel must be removed by methods set forth in the rules and regulations for the operation of the airport.

K. Fueling hoses and equipment shall be maintained in a safe, sound, nonleaking condition, and shall be of a design and make approved by National Fire Protection Association (NFPA 407).

L. No aircraft shall be fueled or de-fueled while passengers are on board the aircraft.

M. Persons engaged in the fueling and de-fueling of aircraft shall exercise due care to prevent an overflow of fuel. All fuel which is spilled during transfer must be immediately cleaned and removed by methods set forth in the rules and regulations for the operation of the airport.

N. Except for the fueling of STC aircraft, all fueling of aircraft shall be from approved fueling facilities that are authorized by a valid lease with the city.

(Prior code § 4-7.303)

Apron and ramp areas shall not be used for storage of anything other than aircraft.

(Prior code § 4-7.304)

No person shall remove, nor cause to be removed from its holder, container, reel or bracket, any equipment or device used in fire protection, except in case of emergency, fire or for routine inspection. In any event, such equipment shall not be taken from any hangar or building for standby use by any person or for any use other than for which it is intended, without permission from the city. Use of such equipment shall be reported immediately to the airport manager.

(Prior code § 4-7.305)

Every person using the airport for any purpose shall keep the floors of the hangar areas, port-a-port areas, shelter/shade areas, the terminal apron, and ramp area and any other area leased or used by them, clean and free of oil, grease and other materials.

(Prior code § 4-7.306)

Every person using the airport including, without limitation, lessees, shall store their materials or equipment in such a manner as to prevent them from being hazardous to persons or property.

(Prior code § 4-7.307)

Except for a fixed base operator, no person shall conduct any type of open-flame operations on the airport except for the preparation of food. Such food preparation must be outside of any hangar and shelter/shade and away from all aircraft.

(Prior code § 4-7.308)

No person shall smoke on the airport apron within 50 feet of any fueling, de-fueling or oxygen servicing or in any structure on the airport.

(Prior code § 4-7.309)

Oxygen shall be stored only in containers specifically manufactured for that purpose. Servicing of oxygen storage systems and aircraft oxygen system shall be performed only by persons properly trained to perform such service.

(Prior code § 4-7.310)

A. No doping of aircraft shall occur on the airport unless the same is conducted in strict compliance with the requirements of the Industrial Safety Division of the State of California.

B. No person shall smoke while "doping."

C. "Doping" of aircraft in open areas as identified in the airport rules and regulations outside of structures is allowed with the permission of the city.

(Prior code § 4-7.311)

No persons shall have in their possession or store in any building or structure at the airport, any type of explosive material.

(Prior code § 4-7.312)

No liquids of any kind including, without limitation, fuel, oils, dopes, paints or solvents shall be dumped or otherwise disposed of in drains, basins, ditches or elsewhere on the airport. All such liquids shall be removed from the airport and disposed of in accordance with all federal, state and local laws, rules and regulations. However, waste oil may be disposed of in the waste oil tank provided by the city.

(Prior code § 4-7.401)

No person shall at any time use or permit any portion of the airport to be used in violation of any law, rule or regulation which relates to or governs hazardous materials and/or the environmental conditions in, on, under or about the airport property. No person shall bring upon the airport property nor shall any person use, generate, release, store, treat, dispose of, or otherwise deposit, in, on, under or about the airport property, any hazardous or toxic substances, waste or related materials. For purposes of this chapter, hazardous materials shall include but shall not be limited to asbestos, asbestos-containing matter, and the group of organic compounds known as polychlorinated biphenyls, as well as substances defined as "hazardous substances" or "toxic substances" in the Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U.S.C. Section 9601, et seq.; ("CERCLA"); the Hazardous Materials Transportation Act, 49 U.S.C. Section 1802; the Resource Conservation Recovery Act of 1976, 42 U.S.C. Section 6901 et seq.; ("RCRA"); those substances identified in regulations, orders and publications adopted pursuant to California Health and Safety Code 25249.8, as "Chemicals Known to Cause Cancer or Reproductive Toxicity"; and those substances defined as "hazardous wastes" in Section 25117 of the California Health and Safety Code and in the regulations adopted and publications promulgated pursuant thereto and any regulations which now exists or which may be enacted or become effective after the date of enactment of this chapter.

(Prior code § 4-7.402)

A. No person shall operate motorized vehicles of any kind on the airport except in designated parking areas or as otherwise identified below and unless in possession of a current and valid operator's license issued by the State of California Department of Motor Vehicles for such vehicle.

B. No person shall operate a vehicle of any kind on the airport in a reckless or negligent manner or in excess of the speed limits prescribed by the city. If not posted, the speed limit shall not exceed 15 miles per hour on any portion of the airport.

C. All vehicles, other than emergency vehicles which are authorized to operate in the public aircraft facilities area, shall display an approved nine square foot flag or amber light. Between the hours of sunset and sunrise, the above listed vehicles shall display an overhead amber light or red light.

(Prior code § 4-7.501)

No person shall wash, clean or make any repairs to vehicles while on the airport. Minor repairs may be made to the vehicle to allow for its removal from the airport.

(Prior code § 4-7.502)

Aircraft parking, hangar, shelter, tie-down and other fees charged by the city are established at such rates as are set from time-to-time by resolution of the city council.

(Prior code § 4-7.601)

Persons who conduct a business or commercial activity at the airport for a temporary period not to exceed 30 days shall pay business license fees and obtain a business license from the city before such person can use the airport and/or airport facilities for business or commercial purposes. Such persons whose business or commercial operations require the use of special airport facilities shall also pay a special use fee as determined by resolution of the city council.

(Prior code § 4-7.602)

A. Any payment of fees for use of airport facilities or other services shall be made before flight departure. Failure to pay any fee shall result in the placing of a lien on the aircraft by the city, pursuant to Code of Civil Procedure, Section 1208.61. Such lien shall remain lien on the aircraft until all amounts due the city are paid in full.

B. The pilot of any transient aircraft remaining overnight shall be responsible for payment of tie-down fees to the city. Payment may be made to the airport manager or his representative prior to flight departure.

(Prior code § 4-7.603)

The owner of an aircraft based at the airport shall register the aircraft with the airport manager. Any change in ownership will require a change in registration.

(Prior code § 4-7.701)

If conditions at the airport are unsafe for landings or take-offs, the city has the authority to issue a general notice to all persons and close the airport or any part thereof. This notice shall be issued by using the United States Weather Bureau and the Flight Service Station Standard N.O.T.A.M. procedures. This notice may be periodically announced on the Airport Unicom Frequency. Air traffic control or the flight service station shall be notified by the city. This same procedure shall be followed to reopen the airport.

(Prior code § 4-7.702)

A. Disabled aircraft, and parts thereof, shall be removed promptly from the runways or taxiways to an area designated by the city, by the owners or operators and at their own expense.

B. If the owner or operator of a disabled aircraft refuses to move an aircraft, as directed by the city, the aircraft may be removed and stored at the owner's expense by the city without liability for damage that may result therefrom. The same procedure shall apply to the removal of a wrecked or damaged aircraft and its parts. The city shall have a lien upon the aircraft for the cost of such removal and storage as described above, pursuant to the Code of Civil Procedure, Section 1208.61 and such lien shall remain a lien on the aircraft until all amounts due the city are paid in full.

(Prior code § 4-7.703)

A. An owner of an aircraft shall make repairs to aircraft, aircraft engines, propellers or apparatus only in areas of the airport designated for such purpose as set forth in such owner's lease or other document which allows such owner to store its aircraft at the airport.

B. Except as set forth in subsection A of this section, aircraft shall not be repaired in a space rented or leased from the city for other purposes.

C. The city may provide permission to individuals or companies to perform maintenance on aircraft under unusual circumstances including, without limitation, repair of an aircraft of unusual design, size or age.

D. Aircraft owners may perform repairs and inspections upon their aircraft providing such individuals are permitted to do such work under the then current Federal Aviation Administration Regulations and under any lease or other agreement with the city. Further, such work shall be conducted so as to neither create a hazard nor nuisance to other aircraft, persons or operators upon the airport and the work must be performed in an area approved by the city or as allowed by any lease or other agreement with the city.

(Prior code § 4-7.704)

Any person damaging any airport equipment or property shall immediately report such damage to the airport manager and shall be fully responsible for all costs required to repair or replace the damaged equipment or property. Payment of such costs shall be made within ten working days of the date of a billing statement from the city.

(Prior code § 4-7.705)

A person shall park aircraft only in areas on the airport prescribed by this chapter and the airport rules and regulations. Aircraft shall not be left unattended on the airport, unless it is secured or within a hangar or shelter/shade.

(Prior code § 4-7.706)

No experimental ground or air demonstrations shall be conducted at the airport without the expressed written approval of the city.

(Prior code § 4-7.707)

Agriculture type aircraft may use the airport for fueling, storage or mechanical work. No aircraft shall be loaded, unloaded, or carry chemicals of any type upon, to or from the airport.

(Prior code § 4-7.708)

All flight operations shall be conducted in conformance with approved Federal Aviation Administration Rules and Regulations and all applicable ordinances of the city and the airport rules and regulations.

(Prior code § 4-7.709)

The city shall enforce the requirements of this chapter and the airport rules and regulations adopted by the city council.

(Prior code § 4-7.801)

Any right of a person to come upon the airport and use the airport facilities as provided by provisions of this chapter or by any lease, contract or other agreement with the city, may be suspended or revoked by the city based upon the person's violation of this chapter, the airport rules and regulations, the breach of any term or condition of any such lease, contract or other agreement with the city or a violation of any federal, state or local law, rule or regulation.

(Prior code § 4-7.802)

The privilege to use the airport and the airport facilities may be suspended only after complying with the following procedures set forth:

A. Upon an alleged violation as identified in Section 13.20.390, the airport manager shall file with the city clerk, a statement of the charges, including the acts or omissions, constituting the violation, and shall specify the chapter sections or other applicable provisions, laws or regulations violated.

B. The city clerk shall serve a copy of the statement of charges and recommendation of the airport manager upon the person charged by delivering a copy to the person by certified mail, postage prepaid, return receipt requested, addressed to the person at the last known address of the person in the possession of the city.

C. Within 15 days after such service on the person, the person may file a written request with the city clerk for a hearing upon said charges and recommendations.

D. If no request for a hearing is received from the person within said 15 days, the hearing shall be deemed waived and the charges admitted. The city may thereupon suspend the airport privileges of that person in accordance with the recommendations of the airport manager.

E. Upon receipt of a request for hearing, the city clerk shall contact the hearing officer and arrange a date, time, and place for the hearing. Notice thereof shall be given to all parties, by certified mail, postage prepaid, return receipt requested.

(Prior code § 4-7.803)

A. Hearing Officer. The city manager, or his designee, shall act as the hearing officer for any hearing conducted pursuant to this chapter. The hearing officer shall hear all evidence presented and at the conclusion of the hearing, rule on the charges presented. If the hearing officer determines that there is sufficient evidence to suspend the airport privileges, then the hearing officer may thereafter direct the city to suspend the same subject to right of appeal as set hereafter.

B. The hearing officer is not bound by the ordinary rules of civil cases and the burden of proof is on the person to be established by a preponderance of the evidence.

(Prior code § 4-7.804)

Any person whose airport privileges are suspended pursuant to this article may appeal to the city council within 15 days after the date of such suspension. The appeal shall be in the form of a written notice filed with the city clerk and signed by the person. The notice shall state clearly and concisely the reasons upon which the appellant relies for his appeal. The city clerk shall set the matter for hearing within 30 days after the notice is filed, and shall notify the appellant by certified mail, postage prepaid, return receipt requested, of the setting at least ten days before the hearing by the Hanford city council. At the hearing, the appellant shall have the burden of establishing to the satisfaction of the city council that he is entitled to relief, or otherwise the suspension shall stand. The determination of the Hanford city council shall be final and conclusive upon the person.

(Prior code § 4-7.805)

Any person who shall violate any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof, be punished in accordance with subsection (b) of Section 36900 of the Government Code of the state.

(Prior code § 4-7.806; Ord. 96-18 § 23, 1996)