Humboldt County Municipal Code Ch. 5 Rules and Regulations

Sections: Definitions. Introduction. General. Motor Vehicles. Ground Rules. Taxiing. Landing and Takeoff Rules. Traffic Patterns. Aircraft Fueling and Defueling. Fuel Sales. Fire Regulations. Fees, Rates and Charges. Separability. Violations and Penalties. 265-1. Definitions. (a) Aircraft. “Aircraft” shall mean and include any and all contrivances now or hereinafter used for the navigation of or flight in air or space, including, but not limited to, airplanes, airships, dirigibles, helicopters, gliders, amphibians and seaplanes. (Ord. 1603, § 2, 7/12/1983) (b) Airport. “Airport” means any aviation facility owned or operated by the County, including heliports. (Ord. 1603, § 2, 7/12/1983)

(c) Based Aircraft. “Based aircraft” means any aircraft assigned a reserved parking space, tie-down, or hangar space at a County airport, whether such assignment is made under written lease with the County. (Ord. 1603, § 2, 7/12/1983) (d) FAA. “FAA” means the Federal Aviation Administration of the United States of America, as defined in the Federal Aviation Act of 1958, or any subsequent and successor body to that agency created for the control and operation of aviation and its related functions. (Ord. 1603, § 2, 7/12/1983) (e) Owner. “Owner” means the registered or legal owner of an aircraft according to the records of the FAA. (Ord. 1603, § 2, 7/12/1983) (f) Restricted Area. “Restricted area” means any portion of an airport not intended for use by the general public and so posted by the County. (Ord. 1603, § 2, 7/12/1983) (g) Rules and Regulations. “Rules and regulations” mean the provisions contained herein and such other regulations as are adopted by the Board. (Ord. 1603, § 2, 7/12/1983) (h) Vehicle. “Vehicle” means a device in, upon, or by which any person or property is or may be propelled and includes, but is not limited to, automobiles, motorcycles, trucks, tractors, bicycles, buses and trailers (Ord. 1603, § 2, 7/12/1983) (i) Commercial Operator. “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, but not limited to, flight instruction, aerial photographs, fire fighting, agricultural aviation activities and traffic surveillance. (Ord. 1603, § 2, 7/12/1983) (j) Commercial Use. “Commercial use” means use of an airport for revenue-producing activities. (Ord. 1603, § 2, 7/ 12/1983) (k) Fixed Base Operator. “Fixed base operator” means any person who rents, leases or owns facilities located on an 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 an business activity providing aviation services. (Ord. 1603, § 2, 7/12/1983) 265-2. Introduction. (a) The Federal Aviation Act of 1958 authorizes the Administrator to prescribe Air Traffic Rules and Regulations governing the flight of aircraft. (1) The Federal Aviation Regulations promulgated by the Administrator covers all flights on or in the vicinity of all County airports, and, by reference, the Federal Aviation Regulations are made a part hereof. (2) Aircraft operators, pilots and other users of said airports are required to be familiar with the Federal Aviation Regulations; and, in particular, Part 91, General Operating and Flight Rules, of said regulations.

(b) The Director of Aviation is empowered to oversee the operations of the County airports and to apply and enforce these rules. The rules contained herein are supplemental to the Federal Aviation Regulations and apply specifically to the County airports. (Ord. 1603, § 2, 7/12/1983; Ord. 2609, § 2, 8/28/2018) 265-3. General. (a) All persons using any County airport shall be subject to, and governed by, these rules and regulations, all County ordinances and resolutions, State and Federal laws and FAA regulations. (b) All aeronautical activities at the County airports and all flying of aircraft departing from or arriving at said airports, shall be conducted in conformity with the current pertinent provisions of the Federal Aviation Regulations. (c) The County airports shall be open for public use subject to the rules and regulations set forth herein, and subject to such restrictions due to inclement weather, or the condition of the landing area, as may be determined by the County. (d) The privilege of using any County 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 County and its officers and employees from such use as well as against claims of third persons against the person using an airport. No person shall obstruct, impair or unreasonably interfere with the use of any County airport by any other person, or obstruct, impair, or unreasonably interfere with the passage of safe, orderly and efficient use of any County airport by any other person, vehicle or aircraft. (e) Subject to applicable orders, certificates or permits of the FAA or CAB, or their successors, no person shall use a County airport or any portion thereof, or any of its improvements or facilities, for revenue-producing commercial business or activities who has not first complied with the Humboldt County Code and applicable ordinances and airport minimum standards. Such business or commercial activity shall include, but not be limited to, any solicitation of data or statistical information; any advertisement or promotion of goods or services; any offer to sell, rent or lease goods or services; or any offer to buy, rent or lease goods or services directed to the public, whether by a profitable or charitable organization. (f) Commercial operations shall be conducted by operators having current valid contracts which have been approved by the Board. (1) Such contracts shall define the areas of airport land and facilities to be used by the tenant or operator. (2) Such contracts shall stipulate services to be rendered and the operator may charge reasonable fees for such services.

(g) Any person not so authorized by contract or permit as aforesaid shall not engage in any activities on a commercial basis, or operate, service or repair aircraft on County airport premises for hire or carry on any business of any nature whatsoever on any County airport. (h) The Director of Aviation shall act as Airport Manager, and when the term “Director” is used herein, it means the person currently in charge of the airport, or his/her authorized agent. The Director of Aviation shall represent the County at all times in regard to all County-owned and operated airports as follows: (1) He/she shall at all times have authority to take such action as may be necessary to safeguard the public in attendance at any County airport. Every tenant, pilot, mechanic or other person employed on or using a County airport shall cooperate to enforce these rules and to see that all persons upon the premises use care and caution to prevent injury to persons or damage to property. (2) He/she may suspend or restrict any or all operations at any County airport without regard to weather conditions whenever such action is deemed necessary in the interest of safety. (3) He/she may suspend, as a means of safeguarding a County airport and the public, the privileges of a County airport and its facilities to any person refusing to comply with these rules. (4) He/she shall have authority to restrict operations to such portion or portions of any County airport as he/she may deem necessary or desirable. Any part of a County airport temporarily unsafe for aircraft operations which is not available for any cause, shall be clearly marked in accordance with recommendations of the FAA. (5) He/she may issue permits for special events and/or demonstrations, provided FAA requirements are met, and no such event or demonstration shall be conducted by anyone without such written permission. (6) In any contingencies or emergencies not specifically covered by these rules, the Director is authorized to make such decisions as to him may seem proper. (i) Radio contacts between pilots and fixed base operators at any County airports shall be conducted in accordance with the procedures and by means of the phraseologies recommended by the FCC wherever practicable. (j) Flight instructors shall fully acquaint their students with these rules and shall be responsible for the conduct of their students under their direction during dual instruction. When a student is flying solo, it shall be his/her sole responsibility to observe and abide by these rules. (k) No person shall enter any County airport terminal or landing area with any animal (Seeing Eye dogs and animals being transported excepted). Animals may be permitted in other areas of County airports if restrained by leash or confined in such a manner as to be under control. (l) No person involved in an accident at any County airport which results in damage to persons or property shall fail to report promptly such occurrences to the County.

(m) No person shall enter any portion of any County airport designated a restricted area unless authorized to do so by the Director. (n) No person, except peace officers, duly authorized government employees, or members of the Armed Forces of the United States, when such person is on official duty which authorizes the possession of a firearm, shall carry or possess any firearm, explosive, or inflammable material on any County airport. This section shall apply to persons carrying firearms in cases, broken down, or unloaded when said firearms are being transported for the purpose of sale, demonstration, hunting or other sport activities. (o) No person shall post, distribute or display signs, advertisements, circular, or any other printed or written matter at any County airport, except as authorized in writing by the Director or his/her designee. (p) No person shall solicit fares, contributions or funds for any purpose on any County airport without the permission of the Director or his/her designee. (q) No person shall dispose of garbage, papers, refuse or other material on any County airport except in receptacles provided for that purpose. (r) No person, except representatives of the press on duty or during official assignment, shall take still, motion, or sound pictures for commercial purposes on any County airport without permission of the Director or his/her designee. (s) All commercial photographers, whether still or motion picture, shall, before arriving at the airport, advise the Director, in writing, of the number of personnel and items of equipment to be used, and probable time and location of the work. They shall advise the Director of any changes in plans at the earliest possible moment. The company shall execute a hold harmless agreement with the County and shall furnish the Director a certificate of insurance naming the County of Humboldt as an additional insured and shall add insurance in favor of the County, and evidencing such insurance coverage in such amounts and of such kinds as may be required by the County’s Risk Manager. The Director may, by written notice, specify the hours during which the facilities can be used and impose such conditions as are necessary to insure that the activities approved shall not interfere with the operation or safety of the airport, nor unduly inconvenience the public using the facilities, and the Director shall have the right to terminate such activities at any time without cause. The determination as to the necessity for the use of airports personnel shall rest with the Director, and his/her decision shall be final and conclusive. No photographic work shall be done on the airfield area without arranging for operations escort. Fees and charges for the use of the airport for photographic purposes shall be set by the Board of Supervisors by resolution, and such fees and charges may be changed by the Board of Supervisors from time to time in the same manner. (t) Experimental Aircraft. Demonstrations or testing of experimental aircraft or motor vehicles shall not be conducted on an airport without the express approval of the Director.

(u) Aircraft Storage and Parking. Aircraft shall only be stored or parked at places designated by the Director. (v) Hang Gliders, Powered Hang Gliders, Ultra Light Aircraft. Aircraft of the ultra light category covered by the Federal Aviation Rules and Regulations, Part 103, shall operate in accordance with those rules and must have express written approval of the Director. (w) Model Aircraft. Model aircraft shall not be operated from, on or over the airport, under the airport pattern, within the Arcata Airport Control Zone (five (5) mile radius) or at an altitude more than 400 feet above ground level. (Ord. 1603, § 2, 7/12/1983; Ord. 2609, § 2, 8/28/2018) 265-4. Motor Vehicles. (a) Every person who operates any motor vehicle or mobile equipment on any County airport shall comply with all applicable provisions of the laws of the State of California and any special regulations prescribed herein for the control of such vehicles excepting cases of emergency involving life or property. (b) The County shall designate by appropriate posting: (1) Places where vehicles may or may not be parked in public parking areas, including but not limited to a general aviation T-hangar are where the paved ways are taxiways, not streets. Automobiles shall not be left standing on these taxiways. Pilots and aircraft owners driving upon said taxiways for the purpose of reaching a T-hangar area shall park on the entrance way to the T-hangar, maintaining a clearance of 25 feet from the center line of said taxiway. (2) The period of time for which vehicles may be parked at any place on a County airport. (3) The County shall be authorized to remove any vehicle parked on any roadway, parking area, or other posted area of any County airport in violation of this section, and to impound the same at owner’s expense and without liability to the County for damages which may result from, or in the course of, such moving. (c) The County shall be authorized to remove any vehicle parked on any roadway, parking area, or other posted area of any County airport in violation of this chapter, and to impound the same at owner’s expense and without liability to the County for damages which may result from, or in the course of, such moving. (d) Motor vehicles shall not be driven onto any apron, taxiway, or runway without the express permission of the Director, and no person shall go upon these areas except that: (1) The following classification of vehicles which, by the provisions of this chapter, are permitted to be driven and operated on or about runways, taxiways, and ramps shall be distinctly painted or marked in accordance with the provisions of the current FAA requirements for marking of vehicles used on landing areas as said provisions are now in effect or may hereafter be adopted: (A) Ambulances; (B) Crash, fire and rescue fighting equipment;

(C) Service, maintenance and construction equipment. (2) Bicycles and motorcycles are prohibited from going upon any runways, taxiways, or aprons. (3) Automobile parking may be permitted in specified general aviation T-hangar areas in accordance with subsection (b) of this section. (e) No vehicle shall be driven upon any road or upon other areas within the perimeter of any airport owned or operated by the County in excess of the speed which is posted at the entrance of every vehicle shall adhere to any sign posted to regulate vehicular traffic on or about any public airport for the public safety. (f) All vehicles except emergency vehicles engaged in emergency activity shall at all times yield right-of-way to any and all aircraft. (Ord. 1603, § 2, 7/12/1983; Ord. 2609, § 2, 8/28/2018) 265-5. Ground Rules. (a) Aircraft shall be parked in areas owned and operated by the County, areas rented to commercial operators or in hangars operated by them. Aircraft owners or operators may also park aircraft in privately owned hangars erected on land leased by the owner from the County of Humboldt. (b) Fixed base operators may charge such reasonable fees for use of his/her leased facilities as he/she may deem proper. Appeals to such charges may be made to the Director. (c) For special events, aircraft shall be parked only in areas designated by the Director for this purpose. (d) No aircraft shall be parked in areas not under lease without special written permission of the Director, who may authorize such parking as a temporary measure or as an interim measure pending the execution of a lease or contract. (e) Taxiway areas shall be maintained open to taxiing aircraft at all times, and no aircraft shall be parked in such taxiway areas or left unattended in such a manner as to interfere with the free flow of traffic. (f) No aircraft shall be unattended on any County airport unless properly secured in a tie-down or within a hangar. Owners of aircraft shall be responsible for damages resulting from failure to comply with this section. (g) The designated area of airline terminal apron at the Arcata Airport shall be maintained for the parking of air carrier aircraft only. All other aircraft shall remain clear of said apron except that: (1) Passengers may be picked up or discharged from private, corporate or military aircraft, when such activity does not interfere with a scheduled airline arrival or departure. (2) Private, corporate, or military aircraft may be temporarily parked if pilot attended and such temporary parking does not interfere with scheduled airline arrival or departure.

(h) Aircraft engines shall be started or warmed up only in the places designated for such purposes. At no time shall engines be run up when hangars, shops, other buildings or persons in the observation area are in the path of the propeller slipstream. (i) No persons except airmen/airwomen, duly authorized personnel, passengers or other persons going to or from aircraft, personally conducted by airmen/airwomen or airport attendants, shall be permitted to enter the area of aircraft activity or parking, or on the apron. Any person or persons so excepted do not have the privilege or unrestricted use of the apron. These privileges are confined to the necessary use of such space in connection with flights or routine duties. (j) Aircraft owned and their agents and pilots shall be responsible for prompt disposal of disabled aircraft and their parts, unless required or directed to delay this action pending investigation of an accident. Damaged, disabled or unworthy aircraft shall not be tied down or stored at an airport without the express permission of the Director. (Ord. 1603, § 2, 7/12/1983; Ord. 2609, § 2, 8/28/2018) 265-6. Taxiing. (a) Aircraft movement areas at all County airports are defined as the runways, taxiways and other areas of an airport utilized for taxiing, takeoff and landing of aircraft. The movement areas do not, however, exclude aircraft parking and loading ramps and the taxiways serving the general aviation hangar storage areas. (Ord. 1603, § 2, 7/ 12/1983) (b) All aircraft preparing to takeoff shall use the appropriate taxiway for the purpose of taxiing to the ends of runways for takeoffs. (Ord. 1603, § 2, 7/12/1983) (c) All landing aircraft returning to an airport flight line shall leave the runway on the first available taxiway which is practical in order to keep the runways clear for approaching aircraft. Aircraft shall not make 180° turns on the runways after landing unless no taxiway is available, but shall continue straight ahead until reaching the first available taxiway and shall clear the runway as soon as possible. (Ord. 1603, § 2, 7/12/1983) (d) No person shall taxi an aircraft from an approved parking space until he/she has ascertained through information furnished by visual inspection, airport attendants, or otherwise that there will be no danger or collision with any person or object in the immediate area. (Ord. 1603, § 2, 7/12/1983) (e) Aircraft shall be taxied at a safe and reasonable speed and distance from other aircraft. (Ord. 1603, § 2, 7/12/ 1983) (f) Aircraft not equipped with adequate brakes shall not be taxied near buildings or parked aircraft unless an attendant is at the wing of the aircraft to assist the pilot. (Ord. 1603, § 2, 7/12/1983) (g) Taxiing aircraft shall be stopped at a distance from the end of each runway, as marked by FAA standard broken yellow lines, for the purposes of engine warmup. Aircraft shall be turned to provide the pilot with a clear view of approaching aircraft, and it shall be his/her responsibility to remain clear of other traffic. No aircraft shall be moved onto a runway until ready for immediate takeoff. (Ord. 1603, § 2, 7/12/1983)

(h) Aircraft shall not be taxied under power into or out of any hangar or push-in tiedown spot. (Ord. 1603, § 2, 7/ 12/1983) 265-7. Landing and Takeoff Rules. (a) Landings and takeoffs shall be made in strict accordance with FAA flight rules and regulations, which are by reference made a part of these rules. (Ord. 1603, § 2, 7/12/1983) (b) Midfield or intersection takeoffs are prohibited. (Ord. 1603, § 2, 7/12/1983) (c) Landings and takeoffs shall be made on the runway most nearly aligned with the wind indicator at the airport. Runway 31 at the Arcata Airport is excepted as it is designated the calm wind runway (less than 8 mph). (Ord. 1603, § 2, 7/12/1983) (d) Instrument flight rule weather minimums at the Arcata, Murray Field and Rohnerville airports are as specified in the FAA Approved Instrument Approach Procedures. Communications between pilots and Flight Services Station (FSS) shall be in accordance with Federal Aviation Regulations (FAR). (Ord. 1603, § 2, 7/12/1983) (e) Exceptions to the above shall only be in an emergency requiring immediate action as provided in Part 91.3 of the Federal Aviation Regulations. (Ord. 1603, § 2, 7/12/1983) 265-8. Traffic Patterns. (a) All aircraft arriving at or departing from any County airport shall conform to the FAA rules for operations at airports without a control tower. (b) The traffic pattern shall be established for each County airport and promulgated by the Director. Airports’ standard patterns shall be as follows: (1) Standard left-hand rectangular, unless designated right-hand by segmented circle. (2) Approximately one-half mile distance from and parallel to the runway in use and with crosswind and base legs. (3) Entrance to pattern shall be at a forty-five (45) degree angle to the downwind leg and shall be in the middle third of the downleg. Aircraft entering an airport traffic pattern shall be at pattern altitude at least one-half mile before entering the pattern. (4) The normal departure procedure for light planes from any runway shall be an initial forty-five (45) degree turn in pattern direction after attaining at least 400 feet altitude and clearing an airport by one-half mile. Departures may be made straight out, in which case no turn shall be made until well clear of the pattern. The above may be altered for mountainous terrain airports.

(5) Straight-in approaches are prohibited except under IFR conditions or controls. (6) Aircraft that have a normal pattern airspeed in excess of one hundred (100) mph may adjust the one-half mile pattern to prevent steep turns into base leg or fiscal approach. (7) All aircraft intending to remain in an airport pattern shall climb to pattern altitude and shall thereafter follow the prescribed pattern. (8) All aircraft approaching to determine an airport’s conditions shall remain at 1,500 feet or more above the airport until entering the pattern. (9) Helicopters arriving at or departing from a County airport shall operate clear of the traffic pattern as specified herein and shall operate on or over the field well clear or fixed-wing traffic. (Ord. 1603, § 2, 7/12/ 1983; Ord. 2609, § 2, 8/28/2018) 265-9. Aircraft Fueling and Defueling. (a) No aircraft shall be fueled or defueled at a County airport while engines are running or while such aircraft is in a hangar or enclosed space. (Ord. 1603, § 2, 7/12/1983) (b) No smoking shall be permitted within fifty feet (50') of the aircraft fuel tanks while the aircraft is being fueled or defueled or within fifty feet (50') of any fuel carrier utilized for fueling or defueling or aircraft. (Ord. 1603, § 2, 7/ 12/1983) (c) Persons engaged in the fueling or defueling of aircraft shall exercise all caution to prevent spillage of fuel, including the filling of tanks to the point where they would overflow from heat expansion. (Ord. 1603, § 2, 7/12/ 1983) (d) No person shall use any material likely to cause a static discharge during fueling or defueling of aircraft. (Ord. 1603, § 2, 7/12/1983) (e) Adequate fire extinguishers shall be within ready reach of persons engaged in fueling and defueling operations at all times. (Ord. 1603, § 2, 7/12/1983) (f) Fueling hoses and defueling equipment shall be maintained in a safe, sound and non-leaking condition at all times. (Ord. 1603, § 2, 7/12/1983) (g) All hoses, funnels and appurtenances used in fueling and defueling operations shall be equipped with a ground device to prevent ignition of volatile liquids, and no fueling or defueling operations may be conducted without the proper connection of this device to the aircraft and an adequate electrical ground. (Ord. 1603, § 2, 7/ 12/1983)

265-10. Fuel Sales. No person shall deliver aviation fuels and/or lubricants, or other fuels and/or lubricants, to, or dispose such fuels and/or lubricants from, at, or upon a County airport without approval from the County. (Ord. 1603, § 2, 7/12/1983) 265-11. Fire Regulations. All persons using any County airport area or the facilities of a County airport for any purpose whatsoever, shall comply with the applicable Fire Prevention Code. (Ord. 1603, § 2, 7/12/1983) 265-12. Fees, Rates and Charges. The schedule of fees, rates and charges for use of all County airport areas shall be established from time-to-time by resolution of the Board. Said fees, rates and charges to be in effect from the effective date of such resolution. (Ord. 1603, § 2, 7/12/1983) 265-13. Separability. In the event any section, sentence, clause or paragraph of this chapter is for any reason held or declared to be invalid or unconstitutional, the remainder of the chapter shall not be thereby invalidated and shall remain in full force and effect, all parts being hereby declared separable and independent of all others. (Ord. 1603, § 2, 7/12/ 1983) 265-14. Violations and Penalties. (a) All persons operating and handling aircraft on or in the vicinity of any County airport shall comply with the rules of the Federal Aviation Administration and California laws governing aeronautics. Violations thereof shall be subject to any penalties imposed by lawful authority. (Ord. 1603, § 2, 7/12/1983) (b) Any person operating or handling aircraft on or in the vicinity of any County airport, or traveling upon it by foot, automobile, bicycle, motorcycle or other conveyance, or occupying any building or otherwise using an airport for any purpose whatsoever shall comply with the rules as herein stated; any violations thereof shall be subject to penalties provided in this Code. (Ord. 1603, § 2, 7/12/1983)

§ 266-1. § 266-2. § 266-3. § 266-4.