Merced Municipal Code Ch. 2.32 Airport Regulations

There is declared and adopted rules and regulations for the use and conduct of the Merced Regional Airport, set forth in this chapter.

(Ord. 2155 § 1 (part), 2004)

(Ord. No. 2343, § 5, 10-19-2009)

"Aircraft" means a device to be used, or intended to be used, for flight in the air.

"Airport" means the Merced Regional Airport.

"Airport authority" means the citizens appointed by the city council of the City of Merced pursuant to Section 2.31.030 of this Code.

"Airport operational area" means the area used for landing, takeoff, or taxiing of aircraft.

"Airport manager" shall also include the phrase "airport superintendant" and means the person employed by the City of Merced to manage the airport, acting at the direction of the city manager.

"City" means the City of Merced, California.

"City council" means the city council of the City of Merced.

"City manager" means the city manager of the City of Merced as provided in Charter Section 500.

"Commercial operator" means every business conducted on the airport whose operation in the judgment of the airport superintendent reasonably requires that the runways, taxiways, and ramps exist and remain in good condition and are operational.

"Control tower" means the air traffic control facility located at the airport.

"Cross wind component" is the existing wind direction and velocity compared to the magnetic runway heading as expressed in an equivalent wind at right angles to the runway; i.e., a fourteen (14) knot wind from a direction forty-five (45) degrees to the runway magnetic bearing would be a ten (10) knot cross wind component.

"FAA" means the Federal Aviation Administration of the United States of America.

"Fixed base operator" means any aviation business duly licensed and authorized by written agreement with the City of Merced as a fixed base operator to provide aeronautical activities at the airport under strict compliance with such agreement and pursuant to these regulations and airport minimum standards.

"F.S.S." means a flight service station operated by the Federal Aviation Administration.

"Fuel tenders" means any vehicle designed and used for the transportation, handling, or dispensing of petroleum, fuel, and oil.

"Gross weight" means the maximum allowable gross take-off weight of an aircraft under standard conditions as determined by the Federal Aviation Administration and incorporated in the certificate of airworthiness of the particular aircraft.

"Local based aircraft" means those aircraft registered with the city as stored at the airport.

"Minimum standards" means those minimum standards and requirements for commercial aeronautical services for the airport as are adopted by resolution by the city council pursuant to these regulations.

"Mobile equipment" means any non-self-propelled vehicle or device in which a person or property may be transported.

"Motor vehicle" means any self-propelled vehicle.

"NOTAM" means notice to airmen published by FAA.

"Public area" means any area that is normally accessed by and for public use.

"Ramps" mean areas used for the parking, storage, and incidental surface circulation to taxiways of aircraft.

"Runways" mean the paved portion of the airport used for the takeoff and landing of aircraft.

"Safety areas" mean areas around taxiways and runways designed to provide additional clearance from obstructions and to protect aircraft in the event of an unintended departure from the paved portion of runways and taxiways.

"Taxiways" mean those areas used by aircraft to taxi to and from the runway.

(Ord. 2155 § 1 (part), 2004)

(Ord. No. 2343, § 5, 10-19-2009; Ord. No. 2410, § 2, 7-1-2013)

The Merced Regional Airport general rules and regulations are as follows:

A. Purpose. The Merced Regional Airport shall be conducted as a terminal facility for the promotion and accommodation of air commerce and shall be operated as a free public air terminal.

B. Hours of Operation. The airport shall be open for public use at all hours of the day subject to such restrictions due to inclement weather, the condition of the landing area, the presentation of special events and like causes, as may be determined by the airport superintendent and approved by the FAA.

C. Special Services and Facilities. Special services may be rendered or special facilities may be provided on such terms as the city council may prescribe from time to time. No person shall use the airport as a base for the carrying on of commercial activities, for the carrying for hire of passengers, freight, express or mail, for instruction in aviation in any of its branches, for the sale of fuels, refreshments or any commodity or for any other commercial purpose, unless a permit has been granted therefor by the airport superintendent.

D. Use to Create Obligation to Obey Regulations. The use of the airport or any of its facilities in any manner shall create an obligation on the part of the user thereof to obey all rules and regulations provided in this article.

E. Responsibility of User. The privilege of using the airport and its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof, and he/she shall release, hold harmless and indemnify the city, the city council, its officers, employees, and agents 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 acknowledgement that the city and the city council maintain the airport in a governmental capacity.

F. Air Traffic Rules Adopted. The air traffic rules and regulations promulgated by the FAA and as presently in effect or hereinafter amended are referred to, adopted, and made a part of these regulations as fully set forth.

G. Operators and Aircraft to be Authorized by Federal Aviation Administration—Exceptions. No person not properly authorized by the FAA, and no aircraft not similarly certified, shall operate on the airport; provided, that this restriction shall not apply to public aircraft belonging to the government of the United States or to a state, territory, possession, or any political subdivision, nor to any aircraft of a foreign country operated under permission of the Federal Government of the United States.

H. Compliance with Rules and Regulations Required. No person shall navigate any aircraft over, land upon, or take off from, or service, repair or maintain any aircraft on the airport or conduct any operation on or from the airport otherwise than in conformity with these rules and regulations and those of the FAA.

I. Handling, Policing and Protection of Public. The airport superintendent shall have authority to take such steps as may be necessary for the handling, policing, and protection of the public while present at the airport, subject to the review of the city manager.

J. Maximum Speed of Motor Vehicles—Parking. The maximum speed for the operation of motor vehicles on the airport shall be fifteen (15) miles per hour and all motor vehicles shall be parked only in such areas on the airport as may be from time to time designated by the airport superintendent.

K. Vending Machines. No vending machine of any kind shall be placed, used or maintained on the airport or any of its improvements or facilities, unless the airport superintendent has first given his approval.

L. Payment of Fees or Rentals. The payment of any fees or rentals that may be required by the city council shall be a condition precedent to the use of the airport.

M. Tiedown. The airport superintendent retains the prerogative of assigning tiedown spaces for both permanent and transient aircraft. Air taxi, air charter, and air service passenger and cargo pickup and drop-off points will be designated by the airport superintendent. Operators or commercial entities desiring to display or advertise their equipment and/or aircraft will be assigned specific area for such purposes by the airport superintendent.

N. Deemed Part of Lease. The provisions of these rules and regulations shall be deemed a part of each and every lease, permit or instrument of tenancy now in effect and heretofore issued to any tenant of any portion of the airport, or which may hereafter be issued to any such tenant.

O. Aeronautical Activities. All aeronautical activities at the airport and all flying aircraft departing from or arriving in the air space above the airport shall be conducted in conformity with the current pertinent provisions of the Federal Aviation Regulations, and orders issued by the airport superintendent, or the control tower when in operation, including State of California rules and regulations regarding aeronautical activities.

P. Use of Airport. No person shall come upon or use the airport, except while traveling through as a passenger on a bus or taxicab, or while enplaning or deplaning as a passenger on a commercial aircraft operating on the airport, after such person has for lawful cause been denied the use of the airport by the airport superintendent.

Q. Equipment. No person, other than employees of the owner or lessee, shall make use of shops, garages, facilities, or equipment at the airport without specific permission of the lessee or owner. Facilities owned by the city, not under lease to any third party or in active use for city operations, are available for use by airport tenants with the written permission of the airport superintendent and if appropriate insurance is in place before such use.

R. Fuel Delivery. No person shall transport or deliver aviation fuels on the airport or dispense fuels into aircraft for hire unless said persons are holders of a valid agreement with the city authorizing them to do so.

S. Closing of Field. In the event the airport superintendent believes the conditions of the airport or any portion thereof to be unfavorable for taxiing, landing, or takeoff, it shall be within his/her authority to close the airport until such portions thereof is again useable, at which time the NOTAM shall be cancelled.

T. Securing of Unattended Aircraft. No aircraft shall be left unattended on the airport unless properly secured or within a hangar. Owners of such aircraft shall be held responsible for any damage resulting from failure to comply with this rule.

U. Interfering or Tampering with Aircraft. No person shall interfere with any aircraft, or put in motion the engine of such aircraft, or use any aircraft, aircraft part, instrument, or tool without the permission of the owner.

V. Security Requirements. All individuals, clubs, and FBOs using the airport for private or commercial operations will familiarize themselves with the airport security requirements. Failure to comply with the stated airport security requirements will be cause for the airport superintendent to deny use of the airport facilities.

W. Liability Insurance. The privileges of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user thereof. The city, its officers, employees, and/or agents, shall not be liable for loss, incident, or mishap of any nature whatsoever and/or from any cause whatsoever to any individual, aircraft, or property occurring on the airport except for acts of the city's sole negligence. No person, firm, or corporation shall maintain a local based aircraft at the airport unless there is on file with the airport superintendent, written confirmation of coverage in a form approved by the city and in the minimum amounts and coverage(s) as required by the city. All public liability insurance must be endorsed to add the city, its officers, employees, and/or agents for operations on the airport.

X. Damage to Airport Property. Any and all airport property destroyed, injured, or damaged by accident or otherwise, shall be paid for by the party or parties responsible for such destruction, injury, or damage thereto.

Y. Liens on Aircraft. Pursuant to Part 3, Title 4, Chapter 5 of the Code of Civil Procedure of the State of California, commencing with Section 1208.61, the City of Merced has a lien dependent upon possession for the compensation to which it is legally entitled for making repairs or performing labor upon, furnishing supplies or materials; for the storage and safekeeping of aircraft; also for reasonable charges for the use of any landing aid furnished such aircraft and reasonable landing fees, and pursuant to said chapter, the City of Merced may sell the property or so much thereof as is necessary to satisfy the lien and costs of sale at public auction, if the City of Merced is not paid the amount due within thirty (30) days after it becomes due.

(Ord. 2355 § 1 (part), 2004)

(Ord. No. 2343, § 5, 10-19-2009)

All users of the Merced Regional Airport are subject to ordinances governing conduct in Title 9 of the Municipal Code of the City of Merced and the following:

A. Disorderly Conduct. No person shall be disorderly, obnoxious, indecent, or commit any act of nuisance on the airport that creates a safety hazard.

B. Garbage Disposal. No person shall dispose of garbage, papers, refuse, or other material on the airport, except in receptacles designed for that purpose.

C. Defacement of Property. No person shall destroy, injure, deface, or disturb any building, sign, equipment, marker, or other structure, tree, flower, lawn, or other property on the airport.

D. Abandonment of Property. No person shall abandon any personal property on the airport.

E. Loitering. No person shall loiter on any part of the airport or in any building on the airport.

F. False Statements. No person shall knowingly or willfully make any false statement or report to the airport superintendent.

G. Restricted Entry. No person shall enter any restricted areas posted as being closed to the public except as provided in these rules.

H. Airport Operational Area. No person shall enter upon the airport operational area, utility and service rooms or areas except:

1. Persons assigned to duty therein;

2. Authorized representatives of the airport superintendent;

3. Persons authorized by the airport superintendent; and

4. Passengers, under appropriate supervision, entering the field area for the purpose of embarkation and debarkation.

I. No person shall smoke on the airport apron, or in any hangar or service station area, gasoline storage area, or in any building, room, or place on the airport where smoking is prohibited. No smoking shall be permitted within fifty (50) feet of any fuel carrier when not in motion, or when it is being utilized for fueling or draining of fuel from aircraft. No smoking shall be permitted within fifty (50) feet of any aircraft fuel tank while the aircraft is being fueled or drained of fuel.

J. No person shall take or use any aircraft, aircraft instruments, or tools thereof owned, controlled, or operated by any other person while such aircraft parts, instruments or tools are stored, housed, or otherwise left on the airport or within its hangars without the consent of the owner or operator thereof.

K. No person shall occupy the road or walks in such a manner as to hinder or obstruct their proper use.

L. No person shall walk in a picket line as a picket or take part in any public demonstration on any part of the airport which would interfere or tend to interfere with aviation operations.

M. No person shall enter the airport public area, terminal building, or the airport operational area with a dog or other animal, unless such dog or animal is restrained by leash or properly confined. Service animals are permitted for appropriate purposes.

N. No person shall post or display signs, advertisements, circulars, printed or written matter at the airport except in designated areas, without the approval of the airport superintendent.

O. All orders of the fire chief of the city, or authorized representative(s) thereof, shall be complied with by any and all tenants and personnel at the airport.

P. Any person finding lost articles shall deposit them at the office of the airport superintendent. Articles unclaimed within sixty (60) days may be returned to the finders thereof. Articles not claimed or turned over to the finders thereof shall be turned over to the Merced Police Department as unclaimed property.

(Ord. 2355 § 1 (part), 2004)

(Ord. No. 2343, § 5, 10-19-2009)

A. General Rules. No person shall operate any motor vehicle on the airport except in accordance with the provisions of these rules and regulations and the laws of the state of California for the control of such vehicles.

1. No person shall operate a motor vehicle of any kind on the airport operational area in a reckless manner.

2. No person shall operate a motor vehicle on the airport contrary to the directions of posted traffic signs.

3. No person shall operate a motorized vehicle or equipment on the runway, and taxiways, and associated safety areas, at the airport prior to the successful completion of the FAA Airport ground vehicles access operators training program.

4. The driver of any motor vehicle operated on the airport must, at all times, comply with the order, signal or directive of the airport superintendent or an authorized representative of the airport superintendent, including the signals from the control tower when in operation.

5. All vehicles shall yield to all moving aircraft.

6. No vehicles shall operate nor park adjacent to taxiways and runways without authorization from the airport superintendent or designee.

7. Emergency conditions existing on the airport operational area will not mitigate or cancel any existing rules. During such conditions, the driver of every motor vehicle shall give way to emergency vehicles.

B. Motor Vehicle License Tags. No person shall operate a motor vehicle on the airport when such vehicle does not possess valid license tags issued by an appropriate authority, unless such vehicle is strictly for on-field use and is registered with the airport superintendent.

C. Vehicle Safety. No motor vehicle shall be operated on the airport if it is so constructed, equipped, or loaded as to endanger persons or property.

D. Parking. No person shall park a motor vehicle on the airport other than in an area specifically established for parking. No person shall abandon any motor vehicle on the airport, nor shall any person park a motor vehicle on the airport for a period more than seventy-two (72) hours unless approval for such parking is obtained from the airport superintendent. No person shall park a motor vehicle in an area requiring payment for parking thereon without paying the required parking fee.

E. Reflectors. All motor vehicles authorized to operate on the airport operational area shall be equipped with two (2) reflectors on the rear. Mobile equipment used outside of airline passenger loading gate areas shall be equipped with two (2) reflectors for each side (front and rear) and two (2) reflectors on the rear. Reflectors shall be red on motor vehicles, and amber on mobile equipment. A reflector will be considered adequate when it is so designated, located, and maintained as to be visible for at least five hundred (500) feet when opposed by a vehicle with ordinary headlights.

F. Repair of Motor Vehicles. No person shall clean or make any repairs to motor vehicles anywhere on the airport other than designated shop areas, except those minor repairs necessary to remove such motor vehicle from the airport. Nor shall any person move, interfere, or tamper with any motor vehicle, or put in motion the engine; or take, or use, any motor vehicle part, instruments or tool thereof without the permission of the owner.

G. Buses. No carrier by motorbus for hire shall load or unload persons at the airport at any place, other than designated for such purpose, nor shall such conveyance pick up passengers on the airport without prior agreement of the city.

H. Taxicabs. No person shall, within the boundary of the airport, solicit, or invite persons to ride in any taxicab, rental cars, or other vehicles used for the purpose of carrying passengers for hire unless that person is the holder of an agreement authorizing same with the city.

I. Passenger Loading Gates. No motor vehicle of any type shall cross passenger-loading gates between an aircraft and the gate.

J. Removal of Vehicles. Motor vehicles that are parked by their owner or operators on the airport in violation of these rules may be towed/removed whenever it is determined by the airport superintendent that such motor vehicles create a nuisance or a hazard. The airport superintendent shall have the authority to make a reasonable charge against the owner or operator of such motor vehicle for such towing or moving service, and the motor vehicle so towed or removed shall be subject to a lien for such charge.

K. Motor Vehicle Operation in Hangar. No person shall operate a motor vehicle in any hangar on the airport without exhaust protected by screens or baffles to prevent the escape of sparks.

L. Accident Reports. All persons involved in an accident, other than one involving an aircraft, occurring on the airport, shall make a full report thereof to the Merced City Police Department, which report shall include names and addresses of all persons involved.

M. Rental Car Concessions. Rental car concessions shall be by agreement executed with the city.

(Ord. 2355 1 (part), 2004)

The Merced Regional Airport general aircraft operating rules are as follows:

A. Operation of Aircraft. No person shall navigate any aircraft, land upon, fly same from, service, maintain, repair any aircraft, or conduct any aircraft operations on or from the airport otherwise than in conformity with current Federal Aviation regulations, Transportation Security Administration regulations established under federal authority, and these rules.

B. Operating While Drunk or Drugged. No person shall take any aircraft from the landing area or hangars, or operate such craft, while under the influence of, or using any intoxicating liquor or habit-forming drug.

C. Tail Wheels or Tail Skids. No aircraft shall use paved runways, unless equipped with tail wheels. No aircraft shall operate on any of the airport with tail skids, in order to protect and preserve pavement.

D. Radio Contact. Radio contacts by the pilots of aircraft, operators of motor vehicles, and control tower operators shall be conducted in accordance with the procedure and by means of the terminology prescribed by the administrator of the Federal Aviation Administration whenever practicable.

E. Parking of Aircraft. No person shall park aircraft in any area on the airport other than areas designated for that purpose.

F. Disabled Aircraft. All disabled aircraft and parts thereof on the airport operational area shall be promptly removed by the owner unless required or directed by the airport superintendent or authorized representatives of the Federal Aviation Administration to delay such action pending an investigation of an accident. If it is impossible for the owner to promptly remove the aircraft or part, airport personnel may remove it and the airport superintendent shall charge the owner for this service.

G. Airport May Refuse Clearance. The airport superintendent may delay, suspend, or restrict any or all flight operations at the airport, and may refuse take-off clearance to any aircraft without regard to weather conditions whenever such action is deemed necessary in the interest of public safety, and approved by the FAA.

H. Taxiing of Aircraft.

1. No person shall taxi an aircraft until he/she has ascertained that there will be no danger of collision with any person or object.

2. No aircraft shall be taxied in a careless or reckless manner.

3. During periods of control tower operation, pilots shall not taxi onto or across any runway until specifically cleared to do so by radio or visual signal.

4. Aircraft shall be taxied in accordance with prescribed taxiing patterns associated with the particular runway in use.

I. Starting Engines. No person shall start or run an engine in an aircraft unless a person appropriately licensed to do so is inside the aircraft attending the engine controls. Blocks shall always be placed in front of the wheels before starting the engine or engines unless the aircraft is provided with adequate brakes or the aircraft has been secured.

J. Engine Testing. No person shall run the engine or engines of any aircraft at any location on the airport in such a manner as to cause damage to other aircraft or property, or in such a manner as to blow dirt, paper, or other materials across taxiways or runways, or in such a manner as to endanger the safety and operations of the airport.

K. Engine Run-up. Engine run-up before takeoff shall be accomplished on run-up pads or other areas provided for this purpose. No engine run-up shall be permitted in any areas that would create a hazard to persons, aircraft, or other property.

L. Flying Instructions. No one other than a pilot with an instructor's rating, shall teach the art of flying on the airport for hire, reward, or gratuitously, and no one other than a pilot with an instructor's rating shall "flight check" students.

M. Familiarity with Rules and Regulations. Every person instructing students in flying at the airport shall acquaint themselves and their students with the rules and regulations in effect.

N. Accident Reports. Witnesses of and participants in accidents on or within the airport shall provide written notification thereof to the airport superintendent within twenty-four (24) hours or as soon after the accident as possible, together with their names and addresses, telephone numbers, and insurance information.

(Ord. 2355 § 1 (part), 2004)

(Ord. No. 2343, § 6, 10-19-2009)

A. Hangar Fueling. No aircraft shall be fueled or defueled while the engine or engines are running, or while such aircraft is in a hangar or enclosed space.

B. Dispensing Apparatus. During the refueling or defueling, the aircraft and the fuel-dispensing apparatus shall both be grounded to a point or points of zero electrical potential.

C. Spillage. Persons engaged in the fueling and defueling of aircraft shall exercise extreme care to prevent overflow or spillage of fuel.

D. Ignition Service. No person shall use any material during fueling or defueling of aircraft that is likely to cause a spark or be a source of ignition.

E. Fire Extinguishers. Adequate fire extinguishers shall be within reach of all persons engaged in fueling or defueling aircraft.

F. Hoses. Fuel hoses and equipment shall be maintained in a safe, sound, and nonleaking condition.

G. Fueling Devices. All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a ground device to prevent ignition of volatile liquids.

H. Passengers. No passengers shall be permitted in any aircraft during fueling, unless an attendant is present at or near the cabin door, who is not engaged in the fueling procedure.

I. Fifty-Foot Restriction. Only personnel engaged in fueling or operation of the aircraft shall be permitted within fifty (50) feet of fuel tanks of such aircraft during such operation except as provided in subsection (H) above.

J. Radio Transmitters. No person shall operate any radio transmitter or receiver or switch electrical appliance on or off in an aircraft during fueling or defueling.

K. Engine Operator. No person shall start the engine of any aircraft when there is fuel on the ground under such aircraft.

L. Fuel Tenders. Fuel tenders will not be driven in front of, or in line with, the taxi path of any aircraft in motion or with its engine running.

M. Riders. No riders are allowed outside of the tender's cab.

N. Backing Fuel Tenders. Fuel tenders shall not be moved backwards unless there is a qualified observer to aid the driver through appropriate voice and/or hand signals.

O. Fueling Practices. These rules do not replace additional good fueling practices, and do not constitute only those procedures necessary for safe fueling operations. The authorized fuel dealer and his personnel are responsible for good, safe service of aircraft operating for the airport.

P. Denial of Operation. Any driver or assistant can be denied permission by the airport superintendent to operate fuel tenders on the airport if these rule are violated, or there are prior incidents of noncompliance.

Q. Fueling Permit. Each person, individual, or corporation who dispenses fuel for their own use shall obtain a noncommercial fueling permit from the city and carry pollution insurance or place a bond in an amount and in the form satisfactory to the city that insures against any toxic spill. Proof of such insurance must be on file before such fueling activity is permitted.

R. Compliance with Other Laws. All fuel dispensing equipment and facilities shall comply with all local, state, and federal laws in regards to their installment, operation, and maintenance.

S. Dispensing Equipment Installation. Fuel dispensing equipment and facilities installed pursuant to this section cannot be used for the commercial resale of fuel or for the use of anyone other than the owners of the equipment and/or facility.

T. Fuel Tank Installation. Each person installing fuel tanks under this section will be required to enter into a lease agreement with the city prior to the installation of fuel tanks.

(Ord. 2355 § 1 (part), 2004)

A. Federal and State Air Traffic Rules. The applicable air traffic and flight rules for the type of aircraft being operated of the Federal Aviation Administration and the State of California governing the operation of aircraft, and the same are currently in effect or as hereafter amended, are hereby adopted by reference and made a part of the air traffic and flight rules of the city as fully as set forth herein.

B. Take-Offs and Landings. Take-offs and landings shall be made from the runway. All operations shall be confined to hard surface.

C. Traffic Patterns. Unless otherwise directed by an operational control tower, the normal traffic patterns will be as follows:

1. Runway 30 traffic pattern is left-handed.

2. Runway 12 traffic pattern is right-handed.

D. Helicopter Operations. Operations of helicopters shall be conducted in such a manner as to preclude any damage by their downwash to other aircraft on the airport. When landing or departing, their flight path shall be the shortest route to airport operational area while avoiding parked aircraft. Helicopters shall not be flown over any parked aircraft at an altitude below two hundred (200) feet AGL. Helicopters shall be flown and/or taxied over runways and taxiways whenever possible.

(Ord. 2355 § 1 (part), 2004)

A. Familiarity with Rules and Regulations. Every person instructing students in flying at the airport shall acquaint them with the rules and regulations in effect.

B. Instruction. Instruction practices and procedures shall comply with FAA Rules and Regulations.

(Ord. 2355 § 1 (part), 2004)

A. Hangar and Room Designations. For purposes of identification, all hangar buildings and spaces at the airport are designated by letter and space number according to a drawing and schedule prepared by the airport superintendent.

B. Hangar Use. No person, firm, co-partnership or corporation shall hereafter occupy or use a hangar, or tenant tiedown ramp area, at the airport without having first completed and signed a rental agreement approved in writing for such purposes by the city.

C. Tenant of Hangar. No person, firm, partnership or corporation shall be permitted to use or become a tenant of hangars for the sole purpose of parking or storage of miscellaneous vehicles or materials unrelated to aviation. Any unauthorized tenancy for other than aviation use shall be subject to cancellation by the airport authority or the airport superintendent, or designated representative, upon thirty (30) days' written notice.

D. Transfer of Hangars. Hangars may not be transferred to any party for any purpose without written approval of the city.

E. Painting. Hangars and facilities shall not be used for painting, spraying, or other treatment of aircraft, vehicles or articles that might deposit foreign materials on walls, floors, fixtures, or endanger neighboring aircraft finishes or hangar contents.

F. Storage. Such facilities shall not be used for storage of vehicles, other than those of the hangar tenant, and only then when tenant will be using their own aircraft on trips.

G. Modification of Hangar. No modifications, installations, systems or other improvements or attachments shall be made or attached at any time to the hangar without written approval of the airport superintendent.

H. Attachments to Hangars. No pulleys, slings, or other lifting devices shall be attached to the building frame, supports, or other structural member of the hangar without written approval of the airport superintendent or his designee.

I. Maintenance, Construction and Restoration of aircraft. Individual aircraft owners, partnerships, formally organized aviation clubs or hired company pilots may work on privately-owned, aviation club-owned, or company aircraft in maintenance, construction, or restoration as permitted by Federal Aviation Regulations, unless otherwise specifically prohibited by any provision of this code or minimum standards for the airport. No tenant shall engage or hire outside help or mechanical service other from those authorized as a commercial operator by possessing a valid permit in accordance with the minimum standards to perform such work on the airport.

J. Fire extinguishers. Each tenant shall provide at lease one (1) fire extinguisher of either CO 2 or powder content in tenant's aircraft or in the hangar at all times while tenant's aircraft is in or about the facilities.

K. Drip Pan. Each tenant shall provide and maintain a drip pan under each and every engine of tenant's aircraft while such aircraft is in storage or being worked on in tenant's assigned area.

L. Spillage. No spillage of oils, drainage of fuel, use of solvents and detergents, aircraft washing, paint removal, or other acts leading to unsightliness or damage to pavement shall be permitted in subject area other than in specifically designated locations. Accidental spillage shall be immediately removed by using absorbent materials and neutralized.

M. Damage. All hangar tenants shall be responsible for hangar damage caused by their tenancy, excluding normal wear and tear.

N. Keys. All tenants shall provide the airport superintendent with one (1) key to hangar door lock or will use a lock furnished by the airport to facilitate fire protection inspection, hangar maintenance and inspections of structure and doors. The airport superintendent will notify any tenant with no less than a fifteen (15) day notice of pending inspections of their hangar.

O. Engine Operations. No aircraft engines may be started or operated inside the hangars at any time, and no aircraft engine shall be run up to high-power settings in or about the subject areas unless moved and tailed to unobstructed and non-dust-producing areas.

P. Children. No unattended children shall be allowed within any Airport hangar, and no unescorted children shall be allowed to loiter about, play on, or otherwise occupy the subject areas of other aircraft parking or movement areas of the airport at any time.

Q. Hangar Entrances. Hangar entrances shall be kept clear at all times.

R. Liability Insurance. City of Merced liability insurance affords protection only to the city, and does not apply to users of the airport.

(Ord. 2355 § 1 (part), 2004)

It is intended that every business conducted on the airport whose operations, in the judgment of the airport superintendent, reasonably require that the runways, taxiways, and ramps exist and remain in good condition and operational, shall be required to obtain a commercial operator permit and pay the appropriate charge as determined by the city.

(Ord. 2355 1 (part), 2004)

A. Firearms. No person, except peace officers, duly authorized personnel of the United States Post Office, airport personnel, members of the armed forces of the United States on official duty, or properly licensed persons shall carry any weapon, explosive, or flammable material on the airport, except when such material is intended for legitimate aviation use. This section shall not 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 sports activities.

B. Caution to Prevent Fires. Every person using the airport or its facilities in any way shall use the utmost caution to prevent fire and shall otherwise conduct himself/herself so as to prevent bodily injury or property damage.

C. Fueling or Draining Aircraft. No aircraft shall be fueled or drained while its engine is running, or while in a hangar or other enclosed place. Fueling shall be done in such manner and with such equipment that has adequate connections for the grounding of static electricity shall be continuously maintained during such time.

D. Cylinders or Flasks of Compressed Gas. No cylinder or flask of compressed flammable gas shall be kept or stored, except at a place designated by the airport superintendent and the fire department of the city for that purpose.

E. Cleaning of Motors. The cleaning of motors or other parts of aircraft shall not be carried on in any hangar, except with nonflammable substances. If flammable liquids are employed for this purpose, the operation shall be carried on in the open air or in such other structures as may meet with the approval of the airport superintendent and the fire department of the city and in compliance with any applicable laws, ordinances, or regulations governing such activity.

F. Cleaning of Aircraft. No person shall use flammable volatile liquids for the cleaning of an aircraft engine, propellers, appliances, or for any other purpose, unless such operations are conducted in open air or in a room specifically set aside for that purpose. Such rooms shall be properly fireproofed and equipped with adequate, and readily accessible, fire extinguishing apparatus.

G. Smoking. No person shall smoke or ignite any match or cigarette lighter in any hangar or other building on the airport.

H. Maintenance Work. No aircraft maintenance work shall be carried on or performed in any hangar, except in maintenance hangars so designated by the airport superintendent or as permitted by Section 2.32.070.

I. Accumulations of Boxes, Crates, and Other Rubbish. No boxes, crates, rubbish, paper, or other litter shall be permitted to accumulate in or about any hangar, and all oil, paint, and varnish cans, bottles, or other containers shall be removed from the hangar immediately upon being emptied.

J. Storage. No person shall store or stock material or equipment in such a manner as to constitute a fire hazard.

K. Storage of Flammable Liquids. No person shall keep or store any flammable liquids, gases, signal flares, or other similar materials in the hangars or any buildings on the airport, unless such materials are kept in a proper receptacle.

L. Waste. Tenants shall provide suitable receptacles for storage of waste, rags, and other rubbish. All wastes, rags, and other rubbish shall be removed on a regular basis by the tenant.

M. Open-Flame Operations. No person shall conduct any open-flame operation in any hangar or on the airport unless specifically authorized by the airport superintendent.

N. Floor Care. Floors shall be kept clean and free from oil, and no volatile flammable solvent shall be used for cleaning floors. All lessees on the airport shall keep the floors of the hangars and hangar and terminal apron pits and areas adjacent thereof, leased by them respectively, free and clear of oil, grease, and other flammable materials.

O. Doping. "Doping" processes shall be conducted only in open air, or in designated and properly designed fireproofed and ventilated rooms or building in which all illumination, wiring, heating, ventilation equipment, switches, outlets, and fixtures shall be spark-proof and vapor-proof. No person shall enter or work in a "dope" room while "doping" processes are being conducted unless such person wears spark-proof shoes.

P. Storage in Apron Area. Gasoline, oil, and solvent drums or receptacles shall not be stored on apron and ramp areas. In addition, no material of such type shall be kept, except enclosed and covered in housings of a design and type approved by, and at a place directed by the airport superintendent.

Q. Dangerous Cargo. The loading, unloading, or parking of aircraft or any vehicle carrying explosive or highly toxic cargoes is prohibited except with the written permission of the airport superintendent in areas so designated by the airport superintendent.

R. Pesticides. No pesticides or emptied containers thereof shall be dumped or left unattended at any place on the airport where they are likely to present a hazard to persons, animals, crops, or property. All emptied containers, sacks, barrels, etc., are to be removed, disposed of, or stored in a proper and safe manner immediately after use.

(Ord. 2355 § 1 (part), 2004)

(Ord. No. 2343, § 7, 10-19-2009)

A. Purpose of Flying Clubs. A flying club may be either a nonprofit corporation or an unincorporated association created for the purpose of fostering flying for pleasure, developing skills in flying, and developing an awareness and appreciation of aviation and aeronautics.

B. By-Laws. Each club must furnish the airport superintendent prior to operating at the airport with a copy of the by-laws, articles of incorporation, operating rules, and membership agreement.

C. Officers and Directors. A current roster of officers and directors must be filed with the airport superintendent prior to operating at the airport.

D. Use of Airport for Commercial Purposes Prohibited. Flying clubs shall not engage in any commercial operation as herein defined.

E. Membership List. The flying club shall keep a membership record containing the full names and addresses of all its members, past and present, together with the date when their membership commenced and terminated. These records shall be available for review upon reasonable request by the airport superintendent.

F. Insurance. All flying clubs must obtain public liability and property damage insurance with a hold harmless agreement in favor of the City of Merced, its officers and employees in an amount and form satisfactory to the city.

G. Aircraft Registration. All aircraft owned, leased, or used by the club must be registered with the airport superintendent. Club owned or leased aircraft cannot be used for commercial ventures, purposes, or operations.

H. Laws and Regulations. All members must comply with federal, state, and local laws and regulations.

I. Fixed Based Operation. Any flying club organized and operated by a fixed base operator as a commercial venture or for commercial purposes or operations as heretofore defined, must meet all the requirements of a fixed base operator as specified in the minimum standards and requirements of the conduct of commercial aeronautical services and activities at the Merced Regional Airport.

(Ord. 2355 § 1 (part), 2004)

(Ord. No. 2343, § 7, 10-19-2009)

In addition to any other penalty prescribed by this chapter, any person operating or handling an aircraft on the airport in violation of any provisions of this article or refusing to comply therewith in any respect, may be removed or ejected from the airport by or under the authority of the airport superintendent, and upon the order of the city manager may be deprived of the further use of the airport and its facilities for such length of time as may be deemed necessary to insure the safeguarding of the same and the public and its interest therein.

(Ord. 2355 § 1 (part), 2004)

It shall be unlawful and a violation for any person to violate this chapter. Any person who violates any provision of this chapter shall be guilty of a misdemeanor and subject to punishment in accordance with Chapter 1.12 of this code. An administrative fine may also be imposed not to exceed the amount allowable for a criminal fine. Nothing in this chapter shall prevent the city from pursuing criminal, civil, and administrative, or any other legal remedy to address violations of this chapter.

(Ord. 2355 § 1 (part), 2004)

A. Any person authorized to enforce ordinances may issue an administrative citation to any person who violates this chapter.

B. The citation shall set forth the section or sections of this chapter so violated; the date; the approximate time thereof; the location where the violation occurred; the amount of the fine; a statement printed on the notice indicating that payment of the fine is required to be made not later than twenty-one (21) calendar days from the date of citation issuance; the procedure for the alleged violator to deposit the amount of the fine with the finance officer or to contest the citation pursuant to Section 2.32.320; and an appropriate notice to the recipient of his or her right not to contest the violation and appropriate instructions and procedures for payment, as prescribed by the finance officer.

C. Any person to whom an administrative citation is issued may, within twenty-one (21) days of receipt, pay the amount of the fine in lieu of contesting the violation. Upon timely payment under this section, and proof of the cessation of the violation satisfactory to the city manager or his designee unless it is determined that the penalty for the violation shall include ejection from the airport, may resume use of the airport pursuant to the terms and conditions of usage prior to the violation of this chapter.

D. The city council shall, by resolution adopt a schedule of fines.

(Ord. 2355 § 1 (part), 2004)

A. For a period of twenty-one (21) calendar days from the issuance of the administrative citation, a person may request an initial review of the administrative citation by the airport superintendent. The request may be made by writing to the airport superintendent. There shall be no charge for this review.

B. If, following the initial review, the airport superintendent is satisfied that the violation did not occur, or that extenuating circumstances make dismissal of the citation appropriate in the interest of justice, the airport superintendent shall cancel the citation. The airport superintendent shall advise the finance officer of the cancellation. The airport superintendent or the finance officer shall mail the results of the initial review to the person contesting the citation.

C. If the person is dissatisfied with the results of the initial review, the person may request an administrative hearing of the violation no later than twenty-one (21) calendar days following the mailing of the results of the airport superintendent's initial review. The request shall be made in writing. The person requesting an administrative hearing shall deposit the amount of the fine with the finance officer.

D. The finance officer shall provide a written procedure to allow a person to request an administrative hearing without payment of the fine upon satisfactory proof of an inability to pay the amount due. Notice of this procedure shall be provided to all persons requesting an administrative hearing.

(Ord. 2355 § 1 (part), 2004)

The administrative hearing process shall include the following:

A. The city manager or his duly authorized representative (hearing officer) shall hear and consider all relevant evidence, objections or protests, and shall receive testimony from the accused violator and any witnesses.

B. The person requesting a hearing shall have the choice of a hearing by mail or in person.

C. Written notice of the date, time, and place of the hearing shall be served at least ten (10) calendar days prior to the hearing. Notice of the hearing shall be sent to the owner by first class mail. The hearing shall be set no sooner than twenty (20) days following the request for hearing. The administrative hearing shall be held within ninety (90) calendar days following the receipt of a request for an administrative hearing. One (1) continuance of the hearing, not to exceed twenty-one (21) days, may be granted upon written request to the city manager or authorized hearing officer.

D. The administrative hearing shall be conducted in accordance with written procedures established by the city manager and approved by the city attorney. The hearing shall provide an independent, objective, fair, and impartial review of the dispute. The hearing officer shall hear and consider all relevant evidence, objections, or protests, and shall receive testimony from the party charged with the violation and any witnesses. All documents relating to the dispute shall be submitted as evidence. The hearing officer's decision or order shall be deemed the final administrative order or decision of the city. The administrative hearing procedures provided by this section shall not apply to any criminal enforcement of this chapter.

E. The police officer or person who issues a citation may, but shall not be required to, participate in an administrative hearing.

F. The hearing officer shall issue a written decision which may be served personally upon, or by first class mail to, the owner or the authorized representative of the owner.

(Ord. 2355 § 1 (part), 2004)

Charges and fines imposed, and payments to be collected shall be processed and collected by the finance officer.

(Ord. 2355 § 1 (part), 2004)