Modesto Municipal Code Art. 1 General Regulations

The Modesto City-County Airport shall be conducted as a terminal facility for the promotion and accommodation of air commerce, and as a public air terminal.

(Ord. 891-N.S., amended by Ord. 248-C.S., operative 7-1-58, effective 7-17-58)

The airport shall be under the supervision of an Airport Manager appointed by the City Manager in accordance with the provisions of the Charter and the laws of the City. It shall be his duty to enforce the provisions of this article.

(Ord. 891-N.S.)

The Modesto City-County Airport shall be a division of the Public Works Department of the City. The Airport Manager shall carry out his/her duties under the supervision and direction of the Public Works Director.

(Ord. 891-N.S., amended by Ord. 248-C.S., Ord. 3130-C.S., § 3, and Ord. 3366-C.S., § 3, effective 12-9-04)

The civil air regulations promulgated by the Civil Aeronautics Board and the Civil Aeronautics Administration of the United States of America and the California Aeronautics Act of the State of California, as now existing or hereafter amended are hereby referred to, adopted, and made a part of these regulations and this chapter as fully in all respects as if set forth herein in full.

(Ord. 891-N.S.)

The airport shall be open for public use at all hours of the day and night subject to the rules and regulations set forth herein, the payment of fees, and 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 Manager.

(Ord. 891-N.S.)

Special services may be rendered or special facilities may be provided at the airport on such terms as the Council or the Airport Manager may prescribe from time to time.

(a) No person shall use the airport as a base 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, aircraft, or any commodity unless a permit for such activity has been granted by the Council, and the appropriate permit fees have been paid.

(b) All persons wishing to film, tape, photograph or otherwise record activity that they wish to stage on the airport premises must seek and obtain a permit from the Airport Manager. Applications for such permits must be made a minimum of twenty-four (24) hours in advance of the proposed activity.

(1) The Airport Manager may impose reasonable time, place and manner restrictions as conditions of the permit. Appropriate insurance requirements shall be construed as such reasonable restrictions. Other time, place or manner restrictions shall serve the purpose of protecting the public health, safety, welfare and/or preventing interference with the scheduled flights and other regularly occurring or previously scheduled airport activity.

(2) No permit shall be denied on the basis of the content of the proposed film, tape, recording or photograph. However, if an activity that is to be staged for purposes of filming, taping, photographing or recording, or the manner in which such filming, taping, photographing or recording is proposed to be done, presents a physical threat to public health, safety or welfare and such threat cannot be eliminated through the use of time, place or manner restrictions, the Airport Manager may refuse to grant the requested permit. The Airport Manager may also refuse to grant a permit where the proposed activities would substantially interfere with the conduct of normal airport activity and the proposed activities cannot reasonably be restricted to minimize such interference.

(c) The permit requirement contained in Section 7-3.106(b) above shall not apply to newscasters, journalists, radio announcers or others who engage in filming, taping, photographing, recording or broadcasting events which transpire at the airport but which were not prearranged, created or staged by the individuals, corporations or other groups engaged in the announcing, broadcasting, filming, taping, photographing or related activity.

(d) Both the Council and the Airport Manager shall have the power to restrict the number of persons using the airport facility.

(Ord. 891-N.S., amended by Ord. 2434-C.S., § 1, effective 7-17-86)

(a) Every person or persons owning or controlling any private aircraft based at the Modesto City-County Airport shall be subject to the following regulations:

(1) Private aircraft will be operated noncommercially.

(2) Private aircraft may be used by persons other than the owner, or owners, provided that in no case may it be rented, leased, or used for any commercial purpose.

(3) Private aircraft may be used in connection with the owner's own business.

(4) Company- or corporation-owned aircraft, operated for the free transportation of their, and other, personnel or products, are classified as private aircraft and subject to the same restrictions as set forth in this section.

(b) Any person or persons owning, controlling, or operating any ultralight vehicle, as defined in Federal Aviation Regulations (FAR) Part 103, that is either based at or transient to the Modesto City-County Airport shall be subject to the following regulations:

(1) All ultralight vehicles shall be operated in accordance with all applicable federal, State, local, administrative and regulatory statutes, rules, regulations and policies as now existing or hereafter amended including, but not limited to, the operating rules set forth in FAR Part 103 and the Modesto City-County Airport ultralight operations policy.

(2) No person shall operate an ultralight vehicle at the Modesto City-County Airport unless and until the owner and operator has obtained written authorization from the air traffic control facility having jurisdiction over the airspace and said written authorization is on file with the Modesto City-County Airport Manager.

(3) No person shall operate an ultralight vehicle at the Modesto City-County Airport unless and until the owner and operator of the ultralight vehicle has provided the City of Modesto with a certificate of insurance in an amount and in a form acceptable to the City's Risk Manager naming the City of Modesto and the County of Stanislaus as additional insureds.

(4) As used in this chapter and title the term aircraft shall include ultralight vehicles.

(Ord. 891-N.S., amended by Ord. 815-C.S., and Ord. 3212-C.S., § 1, effective 5-10-01)

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 shall release, hold harmless and indemnify the City, the Council, their officers and employees from any liability or loss resulting from such use as well as against claims of third persons against the person using the airport.

(Ord. 891-N.S.)

All commercial aircraft owners or operators permitted use of Modesto City-County Airport/Harry Sham Field shall provide the Finance Director with evidence of insurance coverage in the amount and form as approved by the City's Risk Manager. Such amounts shall be set forth from time to time by resolution of the City Council.

(Ord. 891-N.S., amended by Ord. 298-C.S., Ord. 311-C.S., Ord. 2095-C.S., § 1, Ord. 2401-C.S., § 1, Ord. 2898-C.S., § 3, and Ord. 3420-C.S., § 1, effective 10-5-06)

All owners or operators of private passenger aircraft, including owners or operators of corporate aircraft which are permitted use of permanent tie-down or hangar space at Modesto City-County Airport/Harry Sham Field, shall provide the Finance Director with evidence of insurance coverage in the amount and form as approved by the City's Risk Manager. Such amounts shall be set forth from time to time by resolution of the City Council.

(Added by Ord. 298-C.S., amended by Ord. 2095-C.S., § 1, Ord. 2898-C.S., § 3, and Ord. 3420-C.S., § 1, effective 10-5-06)

Every person or entity permitted to operate a motor vehicle or motorized equipment upon the air operations areas of Modesto City-County Airport/Harry Sham Field, as such air operations areas are designated in the Airport Security Plan adopted by the City Council, shall provide the Finance Director with evidence of insurance coverage in the amount and form as approved by the City's Risk Manager. Such amounts shall be set forth from time to time by resolution of the City Council.

(Added by Ord. 2095-C.S., § 2, amended by Ord. 2898-C.S., § 3, and Ord. 3420-C.S., § 1, effective 10-5-06)

All fixed-base operators shall provide the Finance Director with evidence of insurance coverage in the amount and form as approved by the City's Risk Manager. Such amounts shall be set forth from time to time by resolution of the City Council.

(Added by Ord. 2095-C.S., § 2, amended by Ord. 2401-C.S., § 1, Ord. 2898-C.S., § 3, and Ord. 3420-C.S., § 1, effective 10-5-06)

(Added by Ord. 2095-C.S., § 2, amended by Ord. 2122-C.S., § 1, and Ord. 2401-C.S., § 1, repealed by Ord. 2898-C.S., § 4, effective 5-5-94)

(Amended by Ord. 2125-C.S., § 1, repealed by Ord. 2401-C.S., § 2, effective 2-27-86)

The Airport Manager shall have authority to take such steps as he shall deem necessary and advisable to regulate traffic of persons, vehicles and aircraft on the airport.

(Ord. 891-N.S.)

No signs shall be placed upon said airport until approved and permission therefor has been granted by the Airport Manager.

(Ord. 891-N.S.)

No person shall take, use, tamper with, or enter into any aircraft, parts or accessories thereof, or tools or other equipment owned or controlled by any other person and stored or otherwise left at the airport, without the consent of the owner or operator thereof, or other satisfactory evidence of his right so to do.

(Ord. 891-N.S.)

Damage beyond reasonable wear and reasonable depreciation to municipal facilities, buildings and installations shall be paid for the person responsible for such damages.

(Ord. 89-N.S.)

No person shall hold himself out as a flight instructor or give flight instruction unless he has a valid and subsisting flight instructor rating, is registered with the Airport Manager and holds a permit as a fixed-base operator at the Modesto City-County Airport or is employed by a fixed-base operator at the Modesto City-County Airport.

(Added by Ord. 606-C.S., amended by Ord. 815-C.S., effective 12-14-66)

No person, other than a person performing law enforcement duties, shall use firearms of any description, or air rifles, spring-guns, or any other form of weapons potentially inimical to wild life and dangerous to human safety, or any instrument that can be loaded with and fire blank cartridges in or upon the Modesto City-County Airport. Shooting into the Modesto City-County Airport area from beyond the airport boundaries is forbidden.

(Added by Ord. 611-C.S., effective 10-30-63)

A flying club is any organization, partnership, association, club or similar group, whether incorporated or not which has as one (1) or more of its purposes, functions or activities the fostering of flying for pleasure, developing skills in aeronautics, including pilotage and navigation, developing an awareness and appreciation of aviation requirements and techniques and in general promoting the field of aviation and aeronautics.

(Added by Ord. 815-C.S., effective 12-14-66)

Before any flying club, as defined by Section 7-3.115 hereof, can operate on the Modesto City-County Airport, it must obtain a Flying Club Permit to do so. Flying Club Permits shall be issued by the Airport Manager and shall be subject to such fees as may be established from time to time by resolution of the City Council.

All flying clubs operating on the Modesto City-County Airport must comply with the following regulations:

(a) Flying clubs must have an established base of operation on the airport.

(b) Flying clubs must submit and keep current a roster of the membership, roster of officers and directors, rules, regulations and/or bylaws governing the organization.

(c) No flying club aircraft shall be used for hire, charter, rental or other commercial purpose, operation or use.

(d) All aircraft owned, leased or used by the flying club must be registered with Airport Manager.

(e) All members must comply with all Federal Aviation Agency, State and local laws and regulations.

(Added by Ord. 815-C.S., effective 12-14-66)

When an aircraft is owned or controlled by four (4) or more persons, whether as a partnership, corporation or otherwise, a current list of all such owners or persons in control shall be furnished to the Airport Manager. The Airport Manager shall have the right to investigate and determine, subject to appeal to the City Council, whether the owners of such jointly owned aircraft are subject to the regulations applicable to flying clubs or fixed-base operators, as defined and regulated herein.

(Added by Ord. 815-C.S., effective 12-14-66)

The transportation or storage by individuals of automotive gasoline at the Modesto City-County Airport is forbidden. Automotive gasoline shall be obtained through fixed-based operators designated to dispense automotive gasoline by the City Council.

(Added by Ord. 2318-C.S., § 1, effective 3-28-85)

Fuel prices shall be posted on all aircraft fuel pumps so as to be easily visible to the public. Fuel concessionaires shall be required to sell all fuel at the posted price unless a written agreement has been entered into between the fuel concessionaire and the purchaser prior to the sale and said written agreement is on file in the Airport Manager's office.

(Added by Ord. 2318-C.S., § 1, effective 3-28-85)