Mammoth Lakes Municipal Code Title 18 Airport

This chapter may be referred to as the Mammoth Yosemite Airport rules and regulations.

(Code 1990, § 18.02.010; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

The airport authorized in this title shall have established in the Town's accounting system a separate fund into which all expenditures and revenues will be accounted. No funds from the enterprise fund shall be used to support the activities of another fund, including the Town's general fund, except for those services provided to the airport enterprise fund by another fund or repayment of a loan from another fund, including the Town's general fund. Funds reassigned as part of the September 21, 2012, settlement agreement between Mammoth Lakes Land Acquisition and the Town will be considered a loan from the airport fund and shall be reimbursed on an annual basis from the Town's general fund until the Town's settlement obligations are satisfied. No airport funds will be reassigned beyond February 2050.

(Code 1990, § 18.02.015; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

This chapter applies equally to every user of the Mammoth Yosemite Airport.

(Code 1990, § 18.02.020; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

(a) Management. It shall be the responsibility of the Airport Manager to fairly and impartially administer the airport rules and regulations.

(b) Users. It shall be the responsibility of every user of the airport, pilot or other, to become familiar with the airport rules and regulations and to obey those rules and regulations.

(c) Indemnification of the Town. The privilege of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user thereof, and such user shall release, hold harmless and indemnify the Town, members of the Town Council and the Airport Commission, its officers and employees, from any liability or loss resulting from such use, as well as against claims of third persons so using the airport. The exercise of the privilege of use shall constitute an acknowledgment that the Town maintains the airport in a governmental capacity.

(Code 1990, § 18.02.030; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

As used in this chapter, words denoting the singular include the plural, and vice versa. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Air carrier means any person who undertakes directly, by lease, or other arrangement to engage in air transportation of persons or things. Air carriers operate, in various categories, under authority or certification by the Federal Civil Aeronautics Board and the State Public Utilities Commission. Categories include certificated route air carriers, all-cargo carriers, helicopter carriers, commercial air operators, air taxi operators, and charter air carriers.

Air traffic means aircraft operating in the air or on an airport surface exclusive of loading ramps or parking area.

Aircraft means a device that is used, or intended to be used, for flight in the air and includes airplanes, helicopters, and gliders and lighter than air devices such as blimps or balloons but does not include hang gliders.

Airport means the Mammoth Yosemite Airport, its buildings and facilities, all lands owned by the Town, including airspace above such land and the designated approaches thereto.

Airport manager means the duly designated Town Airport Manager.

Authorized persons means only those persons who have lawful legitimate business relating to the operation, care and maintenance of aircraft, including passengers, either commercial or private, to the operation, use and maintenance of the aircraft.

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 flight instruction and aerial photography.

Commercial use means use of the Mammoth Yosemite Airport for revenue-producing commercial activities.

Fixed-base operator means any person who rents, leases, or owns facilities located on the airport who, by virtue of such person's 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 a business activity providing aviation sales or services, including, but not limited to, the following:

(1) Selling and/or servicing new and used aircraft and component parts.

(2) Aircraft maintenance and repairs.

(3) Sales or repair of avionics.

(4) Aviation training, including ground or flight instruction.

(5) Aerial photography.

(6) Air ambulance service.

(7) Aircraft agricultural operations such as crop dusting, spraying, or the application of seed, fertilizers, pesticides, defoliants, etc.

(8) Aircraft rental, charter, and leasing.

(9) Other concessions as may be permitted by the Town.

Tenant means any person who rents, leases, or owns a hangar or other facility at the airport.

Traffic pattern means the traffic flow that is prescribed for aircraft landing at or taking off from the Mammoth Yosemite Airport.

VFR means visual flight rules covering meteorological conditions above those requiring flight under IFR conditions.

(Code 1990, § 18.02.040; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

This chapter is enacted to protect the health, safety, and peace and to promote the welfare and convenience of the general public using the Mammoth Yosemite Airport or affected by activities related to the airport by providing for the orderly conduct of activities on or related to the airport.

(Code 1990, § 18.02.050; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

Any person desiring to store or base said person's aircraft or vehicle at the Mammoth Yosemite Airport shall register the aircraft at the airport office prior to beginning such storage or operation and at any time that a change in ownership occurs. The use of the airport or any of its facilities in any manner shall create an obligation on the part of the user to obey all of the rules and regulations herein provided.

(Code 1990, § 18.02.060; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No person shall utilize the airport for any revenue-producing commercial activities without first obtaining a permit from the Town for such activities and paying the fees and charges established for such use. The Airport Manager shall establish and maintain, available for examination upon request, a schedule of fees and charges for the use of the airport and its facilities. Any aircraft owner who fails to pay any fee duly charged for aircraft owned or controlled by same shall have such aircraft subject to impounding until the fees are paid along with any impound fees or until the aircraft is sold for charges.

(Code 1990, § 18.02.070; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

Aircraft shall only be stored or parked at places designated by the Airport Manager and such storage or parking shall be at the sole risk of the owner or operator of the aircraft and without any responsibility of the Town, or any of its officers or employees for any loss of or damage to the aircraft while so stored or parked. The owner or operator of the aircraft shall be responsible for the tying down and securing of his/her aircraft. The owner shall likewise be responsible for any liability arising from or caused by the aircraft or his/her activities. Transient aircraft shall only be parked in the area designated by the Airport Manager.

(Code 1990, § 18.02.080; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

The Mammoth Yosemite Airport shall be open for public use at all hours of the day and night subject to any restrictions imposed by the Airport Manager due to inclement weather, the condition of the landing area, the presentation of special events, construction or repair activities, or similar causes. The airport shall be attended in accordance with standards, rules, regulations, and hours established from time to time by the Town Council.

(Code 1990, § 18.02.090; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No aircraft shall be left unattended on the airport unless properly secured or within a hangar. Owners of aircraft left so unattended shall be liable for damage to other aircraft or property resulting from the failure to adequately secure or tie down the aircraft.

(Code 1990, § 18.02.100; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

Unless otherwise authorized by the Airport Manager, no aircraft or vehicle maintenance, other than required to remove damaged aircraft from the runways or taxiways or replacing a flat tire, shall be performed on the airport except in areas specifically designated by the Airport Manager for that purpose.

(Code 1990, § 18.02.110; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

Pilots approaching the airport shall maintain a listening watch on UNICOM for traffic advisories. Aircraft with no radio or with inoperative communication equipment or aircraft approaching the airport without UNICOM shall first fly over the airport traffic area above 2,000 AGL to determine traffic direction and density prior to entering traffic pattern. Aircraft with radio equipment shall announce takeoffs and landings.

(Code 1990, § 18.02.120; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

Every person involved in or witnessing an aircraft accident on the airport shall report promptly the details of such accident to the Airport Manager or to the Town Police Department at times the airport is unattended. In addition, the pilot or aircraft owner shall report fully to the National Transportation Safety Board, the details on any accident in which there is death or injury or in which damage to the property of others exceeds $400.00. The owner and/or pilot of an aircraft which is damaged in an accident or wrecked shall be responsible for the prompt removal of the aircraft as directed by the Airport Manager or designee. When the pilot or owner is unable to arrange for removal of such disabled or wrecked aircraft, the Airport Manager shall have the authority to move or arrange the removal of the aircraft when released (if applicable) by the FAA or the National Transportation Safety Board. No liability shall be incurred by the Town or the Airport Manager or others for damage aggravated by or resulting from such removal.

(Code 1990, § 18.02.130; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No person shall operate any aircraft in flight or on the ground in such a manner as to cause unnecessary noise as determined by applicable Federal or State or local laws and regulations.

(Code 1990, § 18.02.140; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No person shall enter any restricted area which is posted or closed to the public except:

(1) Persons duly authorized by the Airport Manager; or

(2) Law enforcement or firefighting personnel.

(Code 1990, § 18.02.150; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

(a) No person shall, on airport premises, do any of the following:

(1) Willfully and knowingly permit any animal owned, possessed, or harbored by the same to enter the airport unless the animal is leashed or restricted in such manner as to be under control or is in a shipping container or is otherwise under physical restraint;

(2) Permit any feral animal under control or in custody of the same to enter the airport, except for feral animals that are to be or have been transported by air and are properly confined for air travel;

(3) Hunt, pursue, trap, catch, injure or kill any animal on the airport unless authorized by the Airport Manager or other governmental entity with jurisdiction;

(4) Feed or do any other act to encourage the congregation of birds, rodents or other animals on the airport;

(b) Persons who bring an animal into the airport shall clean up after said animal and may be held responsible for all costs incurred by the Town in cleaning up after such animal.

(c) All hangar lessees, sublessees or other persons occupying or controlling hangars shall maintain their hangars and other facilities in good repair so as not to attract birds, rodents, or other animals on the airport. This includes nesting of birds or providing habitat for rodents or other animals.

(d) The design of structures or any modification to a structure shall not encourage the nesting of birds, congregation of birds, rodents or other animals on the airport.

(Code 1990, § 18.02.160; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No person shall start any aircraft engine on the airport:

(1) Unless a competent operator is at the controls.

(2) Unless the aircraft is equipped with adequate brakes fully applied or the wheels are securely blocked with blocks or chocks that can be removed safely.

(3) When the aircraft is in such a position that propeller slipstream or jet blast can cause damage to or interfere with the operation of other aircraft, vehicles, mobile equipment, hangars, shops, other buildings, or can cause injury to passengers, spectators, or other personnel.

(Code 1990, § 18.02.170; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No person shall taxi any aircraft into, out of, or within any hangar or other building on or adjacent to the airport. Nor shall any person move any aircraft under its own power on the airport unless the same is in full control of such aircraft and has assured himself or herself that there is no danger of collision with other aircraft, vehicles, equipment, buildings, or other obstacles. Aircraft shall be taxied at a safe speed not to exceed 15 miles per hour on parking aprons and taxiways.

(Code 1990, § 18.02.180; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

(a) No person shall, on airport premises, do any of the following:

(1) Place, deposit, or dump any garbage, cans, refuse, bottles, papers, ashes, sewage, carcass of any dead animal, offal, trash, rubbish, debris, or any other forms of trash in any location on the airport except in containers for such purposes.

(2) Dispose of any fill, building or construction materials or any other discarded or waste materials on airport property except as approved in writing by the Airport Manager or as otherwise expressly provided in a written agreement with the Town.

(3) Place or allow to be placed liquids or other contaminants of any kind in storm drains or the sanitary sewer system at the airport which will damage such drains or system or will result in environmental pollution passing through such drain or system.

(4) Perform aircraft, vehicle or equipment washing (dry or wet) without an aircraft or vehicle washing plan that has been approved by the Airport Manager.

(5) Clean, paint, wet wash, polish, or otherwise maintain an aircraft, vehicle or ground equipment, other than in areas approved and in the manner designated by the Airport Manager.

(6) Use a restroom, toilet or lavatory facility at the airport other than in a clean and sanitary manner.

(7) Burn refuse, or cause smoke, dust, fumes, gaseous matter or particulate to be emitted into the atmosphere or carried into the atmosphere unnecessarily, unreasonably, or in violation of applicable law.

(8) Keep or store material or equipment in such manner as to constitute a fire hazard or be in violation of this Code, Mammoth Lakes Fire Protection District directives, or direction provided by airport staff.

(b) Any solid or liquid material which may be spilled at the airport shall be cleaned up immediately by the person responsible for such spill in a manner acceptable to the Airport Manager, and the person responsible for the spill shall report it immediately to the Airport Manager.

(c) Any person who observes any foreign object or debris on an airplane movement area (runway, taxiway, ramp) shall remove such foreign object and debris from the movement area or immediately report the foreign object or debris to the Airport Manager. All persons shall comply with airport directives issued from time to time regarding the prevention and removal of foreign objects and debris within the airplane movement areas.

(d) All persons using the airport shall comply with all airport directives that may be issued from time to time regarding the recycling of materials, including without limitation, recyclable paper, aluminum, plastic, glass, oils and solvents and other identified materials.

(Code 1990, § 18.02.190; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No person shall shoot any projectile from a firearm or other device into, on, or across any portion of the airport, nor have in the possession or under the control of the same any firearm which is not unloaded and securely wrapped and boxed for shipment or explosive or explosive device; provided, however, that this section does not apply to peace officers or the Airport Manager who are acting in the performance of their duties.

(Code 1990, § 18.02.200; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

Every aircraft, before landing and after take-off, shall be flown in accordance with the traffic pattern.

(Code 1990, § 18.02.210; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No aeronautical activity shall be conducted at the Mammoth Yosemite Airport or within the airport traffic areas except in conformance with current Federal Air Regulations, State law and regulations, and this chapter; except air shows and demonstrations approved by the Airport Manager in conformance with said laws and regulations.

(Code 1990, § 18.02.220; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

(a) No aircraft shall be fueled or defueled while the aircraft engine is running or while the aircraft is in a hangar or other enclosed space.

(b) No smoking shall be permitted within 50 feet of the aircraft or fuel truck while the aircraft is being fueled or defueled.

(c) During fuel handling no passenger shall be permitted in or on the aircraft unless a cabin attendant or crew member is stationed at or near the cabin door.

(d) All hoses, funnels, and appurtenances used in fueling or defueling activities shall be equipped properly with a grounding device to prevent possible static ignition of volatile liquids. Such grounding devices shall be used during all fueling and defueling activities.

(e) During fuel handling activities no person shall operate any radio transmitter or receiver nor switch electrical appliances on or off in such aircraft or in the immediate vicinity (within 50 feet) thereof.

(f) Every person engaged in aircraft fueling handling shall exercise due care to prevent the overflow of spilling of fuel.

(g) During fuel handling no person shall use any material or device which is likely to cause a static spark within 50 feet of such aircraft or fuel truck.

(h) When there has been a fuel spill or leak, no person shall start the engine of any aircraft in close proximity until the spill or leak has been washed away. In the event of such spills or leaks, the Airport Manager shall be notified.

(i) Fuel hoses and draining or defueling equipment shall be maintained in a safe, sound, and nonleaking condition.

(Code 1990, § 18.02.230; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

(a) No person shall travel on any portion of the airport except upon the roads, walks, or places provided for the particular class of traffic, nor occupy the roads or walks in such manner as to hinder or obstruct their proper use.

(b) Motor-vehicle traffic shall yield the right-of-way to aircraft.

(c) Every vehicle operating within the airport security fence or anywhere on airport property, including the runways, taxiways, ramps, access roads, between hangars, or aircraft parking or tie-down areas shall do so only by approval of the Airport Manager.

(d) Any accident involving a motor vehicle, which results in a fatality or injury or in property damage, shall be reported by the driver to the Airport Manager.

(e) No person shall operate any motor vehicle on the airport in excess of 20 miles per hour, except emergency vehicles responding to an emergency situation. On passenger loading ramps, in aircraft parking lots, and in areas immediately adjacent to hangars, speed shall not exceed five miles per hour.

(f) Vehicles shall not be parked on the airport property other than in the areas approved by the Airport Manager, including between hangars, hangar ramps, commercial ramp, general aviation ramp, access roads, taxiways, runways, aircraft movement areas, nonpaved airport areas, within the airport security fence, or outside the fence.

(g) Vehicles that are to be left unattended may be parked only in designated airport vehicle parking lots. At no time will unattended vehicles be allowed to park on aircraft parking aprons or anywhere within the airport security fence.

(h) Vehicles parked other than specified in Subsections (f) and (g) of this section may be removed by airport personnel, and in such event, a towing charge will be levied prior to releasing the vehicle from impound. No liability for damages sustained by such vehicles during said movement will be assumed by the Town or any of its officers, employees, or airport personnel.

(i) Motor vehicles shall not be driven on or across runways or other portions of aircraft operating areas or on nonpaved airport areas without clearance from the Airport Manager.

(j) No person may operate a motor vehicle, or aircraft in or on any portion of the airport while under the influence of intoxicating liquor or drugs. Alcoholic beverages will not be consumed within areas designated as ground operating areas for aircraft.

(Code 1990, § 18.02.240; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

(a) No person shall light or smoke any cigarette, cigar, pipe, or similar object in the following airport areas:

(1) Within any hangar or fuel handling or storage areas.

(2) Within or upon any aircraft parking area or ramp.

(3) Inside any aircraft, whether or not such aircraft are parked or stored, or within 50 feet thereof.

(4) Within 50 feet of any "no smoking" sign posted unless within an approved smoking area such as the airport terminal building.

(b) No person may use flammable liquids, solvents, or substances to clean any aircraft, engine, part, or accessory thereof within any hangar or building except a building specially designed for that purpose and approved in writing by the Airport Manager. Such approval shall only be granted when the Airport Manager approves the ventilation provisions, fireproofing, and fire extinguishing equipment.

(c) No person shall light or use any open flame for any purpose in any hangar or other building on the airport without the prior written consent of the Airport Manager.

(d) No person shall operate any electric or gas welding or cutting equipment anywhere on the airport, except in an approved maintenance hangar, without prior written approval of the Airport Manager.

(e) No person shall clean or degrease any aircraft or part thereof except at or in a maintenance station properly equipped for such purposes or in a space designated or authorized by the Airport Manager.

(f) No person shall store or stock any material or substance or permit such activities in or on the airport in such a manner or of such nature as to constitute a fire hazard. No person shall keep, store, or discard any flammable liquid, gas, signal flare, or other flammable material in any hangar, shop, building, room, enclosure, or other place on the airport except in areas specially designated by the Airport Manager for such purpose.

(g) Lessees of hangars, shops, or other airport areas shall provide suitable metal receptacles with hinged lids for the storage of oily waste, rags, and other similar rubbish. All such materials shall be removed by the lessee at frequent intervals.

(h) Every lessee shall maintain the leased area clean and reasonably free of oil, grease, waste, other flammable materials and weeds.

(i) Lessees shall provide and maintain in proper working order adequate and readily accessible fire extinguishers. Each such extinguisher shall bear a suitable tag which indicates the most recent date of inspection or servicing. Extinguishers shall be approved by the District Fire Chief if they meet the requirements of the County Fire Warden or other designated official.

(Code 1990, § 18.02.250; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No person shall deliver aviation fuels to or dispense such fuel from, at, or upon the airport without a permit from the Airport Manager. No fuel shall be stored anywhere on the airport except in underground tanks or such other tanks as may be approved by the Airport Manager.

(Code 1990, § 18.02.260; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No person shall:

(1) Take or use any aircraft, aircraft parts, instruments, or tools pertaining thereto which are owned, controlled, or operated by any other person while such aircraft, parts, instruments, or tools are stored or otherwise left on the airports or within their hangars, buildings, or facilities without the written consent of the owner/operator thereof, except upon satisfactory evidence of the right to do so duly presented to the Airport Manager or authorized by the Manager or so ordered by a court of competent jurisdiction.

(2) Except when deemed an emergency, land, take-off, taxi, or otherwise operate any aircraft on, at or from any airport when such person knows such aircraft is not operating properly or is equipped with any part or safety device which is defective or unsafe. Deviations from this restriction shall only be permitted by specific authorization from the Airport Manager or designated representative. Nor shall any aircraft be operated on or at the airports or on any runway thereof when the airports or runway has been closed to traffic by the Airport Manager or other legal authority and such closure has been indicated by the placement of appropriate markings at each end of the closed runway.

(3) Operate any aircraft on, at, or in the vicinity (three miles) of the airport in willful or wanton disregard for the safety of persons or property, whether his/her own or that of others.

(4) Engage in the performance of any aerobatics, stunt, or maneuver not necessary to a normal take-off, landing, normal turn or level flight of the aircraft over or within one mile of the exterior boundaries of the airports, excluding aircraft approved for such flight by the Airport Manager or designee for show or demonstration.

(5) Engage in the sale of any goods, wares, merchandise, or services at or upon the airport without first having secured from the Airport Manager a permit therefor and paying any required fees for such permit.

(Code 1990, § 18.02.280; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

The Airport Manager, or designee, is directed and authorized to close the airport or portions thereof or suspend operations related to the landing, take-off, or taxiing of aircraft during any period in which the Manager determines that such operations of their continuance would be hazardous. Causes for such closure could include, but not be limited to, adverse weather conditions, runway maintenance or repairs, runway obstacles, fire, aircraft, or other accident. Any such closure shall be effective only during such time as there is placed at each end of each runway so closed an appropriate marking. The Airport Manager shall immediately notify the flight service station and issue a notice to airmen (NOTAM) advising of the closure.

(Code 1990, § 18.02.290; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

Should any article, section, subsection, sentence, clause, or phrase of this chapter be held invalid or unconstitutional for any reason, such decision shall not affect the remaining portions of the chapter. The Town declares that it would have adopted this chapter and each article, section, subsection, sentence, clause, or phrase regardless of the fact that any one or more articles, sections, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.

(Code 1990, § 18.02.300; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

The Town Council may, at its discretion, establish an Airport Advisory Committee to advise the Town Manager from time to time and to make recommendations on airport strategic goals.

(Code 1990, § 18.02.310; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

No person shall touch, contact, operate, turn off or on or obstruct the free access to any fire hydrant, as that term is used in this chapter, without a written permit from the appropriate authority having possession, control or ownership of the hydrant.

(Code 1990, § 18.02.320; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

The provisions of this chapter shall be enforced by any law enforcement officer, peace officer, special peace officer, State or District Fire Chief or other duly authorized fire enforcement individual.

(Code 1990, § 18.02.330; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

Each violation of this chapter constitutes a misdemeanor punishable in accordance with the misdemeanor laws of the State.

(Code 1990, § 18.02.340; Ord. No. 14-01, § 2(exh. A), 2-5-2014)

The Town Council hereby authorizes the creation of a financially self-sustaining water system at the airport to be managed and maintained as part of the Airport Enterprise Fund. The system will consist of all elements required to bring potable water to the airport and airport tenants, including wells, storage tanks, pipelines, connections, and water meters. The Town authorizes the airport enterprise fund to collect fees from users in order to maintain the system. The system boundaries will include all airport land owned, leased, or used as depicted on the airport layout plan, provided that nothing in this section shall require the water system to actually serve all such land.

(Code 1990, § 18.02.350; Ord. No. 14-01, § 2(exh. A), 2-5-2014)