Lincoln Municipal Code Ch. 20.04 General Provisions

"Aircraft parking space" means an area for parking and storing of aircraft, for loading and unloading of passengers, baggage, freight, mail and other cargo upon and from aircraft; for performing of operations incidental to the immediate preparation of aircraft for departure such as inspection, cleaning and servicing with fuel, lubricants and other supplies; for making minor and emergency repairs to aircraft; and for parking mobile equipment used in connection with the foregoing.

"Airport" means any or all of the airports under the control of the city's department of airport operations (hereafter referred to as the "department") except when otherwise noted and includes all property and improvements within the property or boundary lines of the airport.

"Aviation operator" means any persons engaged in business of an aviation nature or being authorized to conduct such business by virtue of a contract, license or permit with the city or department.

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

"Director" means the director of public works, also herein referred to as airport manager, as appointed by the city manager. The director may delegate authority as he/she deems fit and as set out in the table of organization.

"Fixed base operator" includes a business or person that is providing, but is not limited to: charter flights, refueling, sale of aviation petroleum products (whether or not conducted in conjunction with other aeronautical activity), pilot training, aircraft rental and sightseeing, aerial photography, crop-dusting and sales, repair and maintenance of aircraft. This business or person must have a city business license and may be required to have either a permit or contract with the city or department.

"Lincoln Municipal Airport" means LMA or the airport located in the city of Lincoln, California, along Nicolaus Road and Flightline Drive.

"Motor vehicle" means motor vehicle as defined in the Vehicle Code of the state of California, as amended from time to time.

"Nonflight commercial activities" means any activity conducted by any person engaged in any business authorized by contract, license or permit with the city and by which business is other than that of an aviation operator, certified air carrier, fixed base operator, mechanic or commercial aircraft use.

"Person" means any individual, firm, copartnership, corporation, company, association, organization, joint stock assignee or other similar representative thereof.

"Public aircraft facilities" means facilities provided and made available by the department for public use by aircraft operator.

"Restricted areas" means fuel farms and other posted facilities are restricted areas. All restricted areas will be posted with signs whenever and wherever practical.

"Runway" means an area for landing and the taking off of aircraft.

"Supervised areas" means all aprons, hangars, aircraft operations areas are supervised areas.

"Taxiway" means an area for the ground movement of aircraft.

(Ord. 597B §2(part), 1993)

(a) All users of, and persons on the airport shall be governed by these regulations and the directions of the city manager and the director. These regulations are subject to change by the city at any time. The city manager or his/her designee shall have authority to take such actions as may be necessary to safeguard persons and property at the airport; and to make and enforce such rules and regulations, in addition to those provided herein, as shall be required in any emergency or abnormal condition.

(b) These regulations are not intended to amend, modify or supersede any provisions of federal, state or local law, or any specific contractual agreement of the city through the department with which they may conflict; provided, however that these regulations shall, insofar as possible, be interpreted so that such a conflict shall not exist.

(c) If any portion of these regulations is declared invalid or unenforceable, all other portions shall remain in effect and be construed to achieve the purposes hereof.

(d) In the operation and use of the airport, all users of and persons on the airport shall neither discriminate nor permit discrimination against any person or group of persons on the grounds of race, color or national origin in any manner prohibited by the Federal Aviation Regulations, 49 CFR Part 21, Nondiscrimination in Federally-Assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964 (F.A.R.).

(e) All users of and persons on the airport shall furnish service on a fair, equal and nondiscriminatory basis and charge fair, reasonable and nondiscriminatory prices for each unit or service; provided, all users of and persons on the airport may make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers.

(f) Within the meaning of the Federal Aviation Act of 1958, Section 308(a), all users of and persons on the airport understand as follows: "There shall be no exclusive right for the use of any landing area of air navigation facility upon which federal funds have been expended."

(g) All users of and persons on the airport shall obey all rules and regulations relating to the use of facilities of the airport. This includes all fire, safety and health regulations, as well as rules and regulations relating to the use of areas specifically designated for tiedown and outdoor parking of aircraft. Each person shall obey the Laws and Regulations of the United States, the state and the city, and the orders and regulations of any office thereof. Each person shall obey the rules and regulations of the airport as now existing or hereafter amended as well as all Federal Aviation Regulations.

(Ord. 597B §2(part), 1993)

(a) Any person operating or handling any aircraft, operating any vehicle, equipment or apparatus, or using the airport or any of its facilities, in violation of any of the rules and regulations contained herein, or refusing to comply therewith, may be removed from the airport by or under the authority of the director. Any person may be deprived of and refused the further use of the airport and its facilities for such length of time as the director deems necessary in order to safeguard the public, the airport and its facilities.

(b) Any person or persons who violate, or who aid or abet a violation of any of the provisions of this title are guilty of a misdemeanor, and upon conviction thereof, except as otherwise provided thereof, except as otherwise provided herein, shall be punishable by a fine of not more than $500.00 or by both such fine and imprisonment.

(Ord. 597B §2(part), 1993)

(a) The permission granted by the city to use the airport and its facilities shall be conditioned upon the assumption of full responsibility by every person exercising or using such permission. As a consideration for the use of the airport and its facilities, each person using the airport and its facilities shall release from, hold harmless of and indemnify the city and its officers, agents and employees, from any and all responsibility, liability, loss or damage, caused by or on the behalf of such person using the airport and its facilities.

(b) The use of the airport by any person for any purpose, or the paying of any fees therefor or the operation of any aircraft thereon, shall be in itself an acknowledgment that such persons accept such privileges on the conditions set forth.

(Ord. 597B §2(part), 1993)

(a) All tenant fixed base operators as defined in aviation and as further defined in Section 20.04.010, shall be covered by airport-operations liability insurance or comprehensive general liability insurance and automobile liability insurance or comprehensive general liability insurance and automobile liability insurance for licensed vehicles utilized on the leased premises or the airport apron, in the minimum amounts of $1,000.000.00 combined single limit, at their own expense, to assure payments of damages occasioned by operators' operation in and upon the airport including aircraft and ramp vehicles. The coverage shall include bodily injury and property damage. The city shall be named as an additional insured in any of the insurance policies described in this subsection except the automobile policies. Each operator must provide, if requested by the director, and keep current a certificate of insurance indicating the coverage and its limits and providing for 30 days' written notice to the city before cancellation or material change in the coverage.

(b) Every tenant conducting nonflight commercial activities at the airport or using its facilities as defined in Section 20.04.010, shall be covered by comprehensive general liability insurance and automobile liability insurance for licensed and unlicensed vehicles utilized on the leased premises or the airport apron, in the minimum amounts of $1,000,000.00, at their own expense, to assure payments of damages occasioned by their conduct of commercial activities in and upon the airport proper. The coverage shall include bodily injury, property damage, cross liability, completed operations liability, liquor liability for any facility serving alcoholic beverages and contractual liability. Liability coverage shall also be provided, at the tenants' expense, for any nonowned property under the care, custody and control of the tenants, in an amount adequate to cover the replacement cost of the nonowned property. The city shall be named as an additional insured in any of the insurance policies described in this subsection. Each operator must provide and keep current a certificate of insurance with the director indicating the coverage and its limits and providing for 30 days' written notice to city before cancellation or material change in the coverage.

(c) All nontenant or commercial operators authorized by permit or contract to do business on the airport, including fixed base operators, certificated air carriers, scheduled and nonscheduled air taxi operators, nonflight commercial operators, including commercial ground vehicles, as defined in Section 20.04.010 shall be covered, at their expense, by the same insurance as required for like tenant operators, as described in subsections (a) and (b) of this section, excluding the requirement for airport operations liability insurance or comprehensive general liability insurance.

(Ord. 597B §2(part), 1993)

Every person involved in any accident requiring medical attention excluding normal injuries reported to FBO's workman's compensation carrier, occurring on the airport shall make a full report to the director as soon after the accident as possible but not later than 24 hours. Every person involved in any accident that results in property damage of $1,000.00 or more including but not limited to pedestrian, aircraft or automotive, occurring on the airport shall make a full report to the director as soon after the accident as possible but not later than 24 hours.

(Ord. 597B §2(part), 1993)

The Lincoln public safety department and city attorney shall enforce this title, as it applies to the airport.

(Ord. 597B §2(part), 1993)