Marin County Municipal Code Ch. 12.04 Aircraft and Airports

For the purpose of this chapter, the following phrases, words and their derivatives shall have the meanings given herein:

(a) "Aircraft" means any contrivance used or designed for navigation of or flight in the air.

(b) "Aircraft ground movement area" means the runways, taxiways and parking apron of the airport.

(c) "Airport" means each and every airport and all airport property owned, operated and controlled by the county. It shall include all improvements, facilities and appurtenances.

(d) "Competent aircraft operator" means a person holding a valid aircraft operator license from the Federal Aviation Administration or a person who, in the opinion of the airport manager, has the requisite skill and knowledge to perform limited ground operations.

(e) "Fire chief" means the fire chief, or his authorized representative, of the local governmental entity having responsibility for fire protection in the airport area.

(f) "Fixed base operator" means a person under contract to the county as a concessionaire at the airport.

(g) "Habitually situated" means that an aircraft is based at the airport for a period of time in excess of one week.

(h) "Maintain aircraft" means any form of service, maintenance or repair of aircraft.

(i) "Operate aircraft" means the self-propelled, pushed or towed movement of aircraft on the ground, or the movement of aircraft in flight.

(j) "Owner" means any person, firm or corporation designated as legal owner on any certificate, permit or license required for an aircraft by the United States.

(Ord. 1672 § 1 (part), 1968)

It is unlawful to fly any aircraft for any purposes related to activities within the purviews of Chapters 5.12 and 5.36 of this code, without a permit issued by the community development agency director.

(Ord. 3388 § 1, 2003: Ord. 2586 § 1, 1980)

Applications for permits which involve the use of aircraft shall contain the information required by the community development agency director and shall be submitted at least fifteen working days in advance of the proposed use.

The director shall require the applicant to demonstrate written permission from property owners within the unincorporated area of the county over whose property the aircraft would fly below one thousand feet, except for normal take-off, approach and landing at any permitted airport.

The applications shall be accompanied by a nonrefundable fee of two hundred fifty dollars plus a deposit for such sums as the director determines are necessary to cover actual county costs for regulation, inspection and mitigation of any impacts of the aircraft use.

(Ord. 3388 § 2, 2003: Ord. 2586 § 2 (part), 1980)

Any action by the community development agency director with which the applicant is dissatisfied may be appealed to the board of supervisors by filing a written notice of appeal with the clerk of the board of supervisors within five working days after notification by the director.

(Ord. 3388 § 3, 2003: Ord. 2586 § 2 (part), 1980)

Any owner of an aircraft habitually situated at the airport shall be held financially responsible for property damage, bodily injury or death occurring at the Marin County Airport. Any such owner shall, upon request, furnish the county with evidence of financial responsibility. The minimum financial responsibility requirement shall be as follows:

Property damage, bodily injury or death, one million dollars, combined single limit.

(Ord. 3270 § 1, 1998: Ord. 2350 § 1, 1978: Ord. 1672 § 1 (part), 1968)

Acceptable evidence of financial responsibility shall consist of a certificate of insurance, approved by the airport manager, which shall include the county of Marin, its officers, agents, and employees as additional insureds, or a bond, approved by the airport manager, which shall include the county of Marin, its officers, agents, and employees as cobeneficiaries.

The certificate of insurance or bond shall be issued by an insurance company or surety company duly authorized to transact business in the state of California. The certificate or bond shall provide that notice of cancellation, termination or any material change in the certificate or bond shall be delivered to the airport manager ten days in advance of the effective date of such cancellation, termination, or change.

(Ord. 2350 § 2, 1978: Ord. 1672 § 1 (part), 1968)

If the owner of an aircraft habitually situated at the airport fails or refuses to furnish the county with the required evidence of financial responsibility when so requested, the owner shall thereafter be prohibited from basing any aircraft which he may own at the airport until such time as he complies with the provisions of this chapter.

(Ord. 1672 § 1 (part), 1968)

No person shall use the airport in any manner whatsoever for any commercial, profit, gainful, or revenue producing purpose, including, without limitation, flight instruction or mechanical work, without written approval of Marin County. No person shall distribute, post or display any commercial or noncommercial signs, circulars, handbills or advertisements on the airport without the consent of the airport manager. No person shall solicit funds for any purpose on the airport.

(Ord. 1672 § 1 (part), 1968)

The operation of a flying club as described in this section shall not be construed as a violation of Section 12.04.050 if the operation of such flying club is restricted to those activities necessary for carrying out the purposes of a flying club.

For the purposes of this section, a flying club will be defined as an organization represented as a co-ownership with at least three but not exceeding ten members per aircraft or a corporation with at least five but not exceeding twelve members per aircraft.

Persons wishing to operate a flying club at the airport shall apply to the airport manager for a certificate of compliance. Such certificate shall be issued if the organization proves it is a flying club by a preponderance of evidence by documents establishing:

(a) That it is a nonprofit democratic entity organized for the expressed purpose of providing its members with an aircraft or aircrafts for their personal use and enjoyment as well as personal business travel use only. The ownership of the aircraft or aircrafts must be vested in the name of the flying club and all members will hold equal shares of the organization's equity, and all members will have equal voting rights. No part of the net earnings of the flying club will inure to the benefit of any member in any form • salaries, bonuses, etc.

(b) The flying club may not derive greater revenue from the use of its aircraft or aircrafts than the amount necessary for the operation, maintenance and replacement of such aircraft or aircrafts.

(c) Flight instruction shall not be available by such flying club except to and by those who are regular members, and only members of the flying club may operate the aircraft or aircrafts unless specifically approved by the airport manager. Compensation to those members qualified to conduct flight instruction to other flying club members shall be limited to a form of credit against payment of dues and/or flight time. No flying club shall permit its aircraft or aircrafts to be utilized for the giving of flight instruction to any member, including members of the club owning the aircraft, when such person pays or becomes obligated to pay for such instruction, when the flight instructor boards and/or departs the aircraft at the airport, except when such instructions are given by a lessee based on the airport and who provides flight training.

(d) Any maintenance work required by the aircraft or aircrafts of the flying club over and above that allowed by the FAA for owner/operators of noncommercial use aircraft must be performed by FAA qualified mechanics at FAA approved repair facilities or facilities at the airport specifically approved by the airport manager. Compensation to those members qualified to conduct maintenance services on club-owned aircraft or aircrafts shall be limited to a form of credit against payment of dues and/or flight time.

(e) The flying club shall furnish the airport manager with a copy of its charter and bylaws, articles of association or corporation, co-ownership agreement or other documentations supporting its existence, a roster or list of members including names of officers and directors, to be revised on a semiannual basis, and evidence of insurance in the form of a certificate of insurance complying with Section 12.04.030; number and type of aircraft, evidence that aircraft are properly certificated, and evidence that ownership is vested in the name of the flying club and that all members are equal partners or shareholders of flying club aircraft.

(f) A flying club or any of its members violating any provisions of this chapter may cause the certificate of compliance of the flying club to be withdrawn.

In the event, after application, a certificate of compliance is not issued by the airport manager, a member of the flying club may appeal such determination to the board of supervisors within ten days of such denial.

(Ord. 2984 § 1, 1988)

The operation of the airport shall be under the direction of the Marin County department of public works. The board of supervisors shall designate an airport manager who shall have the initial responsibility for all airport business and operations.

(Ord. 1672 § 1 (part), 1968)

The board of supervisors shall have the power to adopt, amend and repeal rules and regulations for the operation and maintenance of the airport. Such rules and regulations may include a schedule of fees for the use of the airport.

(Ord. 1672 § 1 (part), 1968)

No person shall operate or maintain any aircraft at the airport except in strict conformity with all ordinances, rules and regulations of Marin County, and the regulations of the Federal Aviation Agency and all other applicable law. All operators of aircraft are responsible for complete knowledge of all laws, rules and regulations relating to the operation of aircraft.

(Ord. 1672 § 1 (part), 1968)

The privileges of using the airport and its facilities shall be conditioned upon the assumption of full responsibility, liability and risk by the user thereof. The county of Marin, its agents and employees shall not be liable for loss, damage or injury to persons or property arising out of any accident of any nature whatsoever, or from any cause whatsoever, including, but not limited to, fire, theft, vandalism, wind, flood, earthquake, collision or act of God.

(Ord. 1672 § 1 (part), 1968)

Charges for parking aircraft shall be established by the board of supervisors. These charges shall be subject to periodic review and revision. Daily rates shall apply to all aircraft parked overnight. Aircraft owned and operated by the federal government are exempt from the payment of daily rates.

(Ord. 1672 § 1 (part), 1968)

(a) Fees for single tie-down spaces will be charged at the monthly rate of ninety-three dollars per single space tie-down.

(b) Privately owned portable type hangars will be charged at the monthly rate of one hundred and thirty-eight dollars for up to the first one thousand one hundred square feet of tie-down space occupied. Space occupied exceeding one thousand one hundred square feet will be charged at the current per square foot rate based on the current base rent for a one thousand one hundred square foot site.

(c) County owned aircraft hangar permit fee is charged at the monthly rate of three hundred and ninety-five dollars.

(d) Effective January 1, 2009, all of the above rates will be increased annually at the rate set by the consumer price index for the San Francisco Bay Area (all urban consumers), rounded off to the nearest dollar. However, in no event shall the rate for successive years be less than that charged in the previous year.

(e) Daily parking rates for all aircraft parked overnight shall be charged per each twenty-four hour period or part thereof as follows: Single engine small aircraft charged at the rate of ten dollars; Light twin engine small aircraft charged at the rate of fifteen dollars; Jet, turbine or larger piston twin engine aircraft charged at the rate of twenty dollars. Effective January 1, 2009, the above rate shall be increased by the cumulative rate of the previous five-year period as set by the consumer price index for the San Francisco Bay Area (all urban consumers), rounded off to the nearest dollar. However, in no event shall the rate for successive years be less than that charged in the previous year.

(f) On advice from the Marin County aviation commission or the Marin County public works department, the board of supervisors may omit or reduce the consumer price index increase in any year if approved by the majority of the board.

(g) The books and records of the tenant or business operator are subject to audit or review by the Marin County auditor-controller or his representative in connection with any payment made by the tenant or business operator to Marin County.

(Ord. 3484, 2008: Ord. 3379, 2003: Ord. 3243 1, 1997: Ord. 3220 1, 1995: Ord. 3052 1, 1991)

Payment for monthly reserved aircraft parking space is due and payable in advance for each calendar month. Charges for commencing or terminating the use of parking space other than on the first of the calendar month shall be prorated for that month. Payment of the daily aircraft parking charges shall be made prior to the departure of aircraft unless credit arrangements have been approved by the airport manager.

(Ord. 1672 1 (part), 1968)

The sale of aviation fuel, oil and lubricants shall be on a concession basis between Marin County and fixed base operators. Fuel flowage fees shall be paid by concessionaires to Marin County at rates established in the fixed base operator contracts.

(Ord. 1672 1 (part), 1968)

No aeronautical activity shall be conducted at the airport except in conformance with current Federal Air Regulations. In addition, the following rules shall apply:

(a) No aircraft shall be parked in any area not designated for such purpose by the airport manager without prior consent of the airport manager. Parked aircraft shall have parking brakes set, wheels firmly blocked to prevent movement and/or shall be firmly secured to the ground by ropes or other appropriate means.

(b) Low flying within the confine of the traffic pattern, except in emergencies or when necessary to climb to the designated pattern altitude or descend to a landing, is prohibited.

(c) No aircraft shall take off or land except in conformance with the approved traffic pattern, emergency landings excepted.

(d) Aircraft shall not cross or enter upon any runway until the pilot has stopped and assured by visual inspection that there is no danger of collision with any person or object.

(e) Taxiing in and out of hangars is specifically prohibited.

(f) Unusual performance tests of aircraft on or from airport premises will be done only with the express approval of the airport manager and only in the manner and area designated by the airport manager.

(g) All aircraft shall land and take off only on designated useable runways unless specifically authorized by the airport manager to use other areas of the airport. All takeoffs shall commence at the beginning of the runway or area authorized for use.

(h) No person shall land or take off from the airport unless the aircraft is equipped with properly functioning brakes or other positive means to insure adequate ground control.

(i) Formation flying is prohibited in the traffic pattern on takeoff or landing.

(j) Aircraft shall be halted and all engines stopped at a minimum of twenty-five feet before entering any hangar or building.

(k) No craft shall remain on the landing or takeoff area for the purpose of instructing students between flights.

(l) No aircraft engine shall be started or run-up in any hangar, or when the aircraft is tailed toward hangar doors, or positioned in such a manner to constitute a danger to persons or property. Engine run-ups and tests shall not be performed in areas or at such times as may be restricted by the airport manager.

(m) No engine affixed to an aircraft shall be started or operated unless a competent aircraft operator is in the aircraft attending to the controls and the parking brakes are set or the wheels properly blocked to prevent movement.

(n) Aircraft shall be taxied, at all times, at a safe and reasonable speed, in the control of a competent aircraft operator. Except as may be specifically directed otherwise, all aircraft operators shall taxi at their own discretion.

(o) No passenger of freight shall be loaded or unloaded from any aircraft unless and until all engines on the aircraft have come to a complete stop.

(p) Operators of aircraft shall close, and keep closed, gates which lead to any ramp at all times except when necessary for the loading and unloading of aircraft.

(q) Spectators shall not be permitted on any ramp without approval of the airport manager, his representative, or one of the fixed base operators.

(r) Instructions from an authorized control tower shall take precedence over any of the preceding rules.

(s) The airport manager may regulate touch-and-go landings whenever traffic volume is such that regulation is necessary for the safe and orderly operation of the airport.

(t) The airport manager may refuse clearance or delay any flights or other operations at the airport when, in his discretion, he deems such action necessary in the interest of safety.

(Ord. 1672 § 1 (part), 1968)

No person shall enter the aircraft ground movement area with any animals, other than a service animal that assists a person with a disability. Dogs and other animals may be permitted in other areas of the airport and in the aircraft tie-down area only if restrained by leash or confined in such manner as to be under control. ;hn0; (Ord. 1672 § 1 (part), 1968)

(Ord. No. 3523, § VIII, 2009)

All persons using the airport shall comply with the following fire safety rules:

(a) No person shall store or operate passenger automobiles or trucks within the portable or main hangars without the approval and supervision of the airport manager. Power operated industrial trucks and tractors shall not be used within hangars unless they are of a type approved by the fire chief.

(b) No person shall store or stock material or equipment so as to constitute a fire hazard.

(c) No person shall store or place any flammable liquids, solids, gases, signal flares or similar hazardous materials within any hangar or buildings except in areas or rooms specifically approved by the fire chief. The storage of flammable liquids within buildings shall be under permit issued by the fire chief. Such storage shall be in approved containers bearing the label of the Underwriters Laboratories, Inc. (five-gallon maximum container).

(d) All tenants of buildings shall provide metal containers, approved by the fire chief, equipped with self-closing covers for the storage of oily wastes, rags and similar combustible materials. All such wastes shall be removed by the tenant daily.

(e) All tenants of buildings shall maintain the floors of hangars, hangar ramps and adjacent areas free and clear of oil, grease and other flammable materials.

(f) No person shall use flammable substances for cleaning floors of hangars or other buildings.

(g) The cleaning of aircraft engines or other parts using solvents shall be limited in scope and only nonflammable or high flashpoint (one hundred degrees Fahrenheit or greater) solvents shall be used. Drip and collecting pans shall be used during any cleaning process.

(h) No person shall dispose of gasoline, oil, solvent or other flammable waste products in any drain, manhole, open ditch or other airport areas.

(i) Painting and doping of aircraft with flammable fluids shall be conducted only in areas or in buildings approved by the fire chief.

(j) No person shall smoke any cigarette, cigar or pipe, or strike any match or kindle any flame whatsoever within fifty feet of any aircraft while being fueled, or within fifty feet from fuel islands or any flammable liquid container, or within any hangar or aircraft workshop located upon the airport, except as approved by the fire chief. Smoking may be permitted within areas designated by the fire chief.

(k) Cutting, welding and spray painting operations shall be conducted only within areas or buildings approved by the fire chief.

(l) All electrical wiring, fixtures and appliances shall be installed and maintained in accordance with Title 19 of the Marin County Code.

(m) Each fixed base operator shall institute training programs for employees in the use of portable fire extinguishing equipment and methods of evacuating or relocating occupants of the premises in case of fire or other emergency.

(n) Portable fire extinguishers shall be provided and installed by the fixed base operators as directed by the fire chief as to number, type and location.

(o) Portable fire extinguishers shall not be moved from designated locations for any reason other than as a precaution against an immediate hazard or to be recharged.

(p) Access to all fire-extinguishing equipment shall be kept free and unobstructed at all times. Portable fire extinguishers shall be inspected periodically by the fire chief.

(q) Fire prevention inspection shall be made by the fire chief and fire drills shall be held at his discretion.

(r) Every person who becomes aware of any fire or smoldering combustion of an unwarranted or insidious nature which is not confined within equipment designed for fire or which is any hazard to the premises shall report said fire or smoldering combustion without delay to the local fire department.

(s) All persons shall comply with all fire safety regulations established by the local governmental entity having jurisdiction for fire protection at the airport.

(Ord. 2943 § 1, 1987; Ord. 1672 § 1 (part), 1968)

Any person causing damage to the airport or any airport property shall be responsible for the cost of repair or replacement. All damage shall be promptly reported to the city manager.

(Ord. 1672 § 1 (part), 1968)

Witnesses to and participants in any accident causing damage to aircraft in the airport area shall promptly make a full report of such accident to the airport manager or his representative. Aircraft operators, owners or their agents shall be responsible for, and shall cooperate and assist in, the prompt removal of damaged aircraft, parts, property or debris resulting from any accident, provided however, that the airport manager or officials of the Federal Aviation Agency may prohibit the movement or removal of any damaged aircraft or property.

(Ord. 1672 § 1 (part), 1968)

All persons using the airport shall place all rubbish, garbage or other debris in appropriate containers.

(Ord. 1672 § 1 (part), 1968)

All persons using the airport shall operate automobiles and/or trucks in accordance with the following rules:

(a) Vehicles shall be parked within the designated parking areas only.

(b) Vehicles shall not be operated beyond roads and parking area limits without prior consent of the airport manager.

(c) No common carrier, vehicle or vehicle for hire shall load or unload passengers or stand at the airport in any place other than in the area designated by the airport manager.

(d) Vehicles shall not be operated on the apron except by persons assigned to duty there or others authorized by the airport manager.

(e) No person shall operate any vehicle in any of the landing areas unless authorized to do so by the airport manager, and then only in the manner prescribed.

(f) Vehicle speed shall be limited to fifteen miles an hour within the airport parking areas.

(g) The airport manager shall have authority to move vehicles parked in improper locations, and the owners of such vehicles shall be responsible for the payment of any towing charges necessitated thereby.

(h) No person shall park their vehicle in any designated public parking area(s) continuously for a period greater than thirty days or in undesignated parking area(s) at any time without the prior permission of the airport manager, or such vehicle may be considered abandoned and subject to removal and storage at the owner's expense.

(i) The California Vehicle Code, with respect to the operation and licensing of motor vehicles, shall be applicable to all vehicles parked or operated on airport premises.

(Ord. 3083 § 1, 1992: Ord. 1672 § 1 (part), 1968)

No persons except peace officers, authorized federal, state and county employees or members of the Armed Forces of the United States on official duty shall carry any firearms or explosives on the airport without prior permission of the airport manager. No person shall hunt, conduct target practice or discharge firearms on the airport.

(Ord. 1672 § 2 (part), 1968)

Any person who violates any provision of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for a period not to exceed six months or a fine not to exceed the sum of five hundred dollars, or by both such imprisonment and fine.

(Ord. 1672 § 1 (part), 1968)