Modesto Municipal Code Art. 4 Fees

The Council shall have the power by resolution to establish charges and fees for the following types of activities and services at the Modesto City-County Airport:

(a) Rental of hangars.

(b) Tie downs.

(c) Office space.

(d) Landing fees for nonscheduled transient aircraft carrying passengers and/or cargo for hire.

(e) Collection of a Passenger Facility Charge (PFC) from airline passengers enplaning flights at Modesto City-County Airport.

(f) Permanently based commercial services, the fee to be in lieu of the license requirements imposed by Chapter 1 of Title 6 of this Code, and shall be payable in advance.

(g) Temporarily based commercial services, the fee to be in lieu of the license requirements imposed by Chapter 1 of Title 6 of this Code, and shall be payable in advance.

An operator shall be considered as "temporarily based" at the Modesto City-County Airport within the meaning of this chapter unless the operator maintains an office at the airport and intends to engage in business from the base for a consecutive period of not less than six (6) months in duration. The requirements of this section may be modified or waived by action of the Council during such times as are declared by it to be periods of public emergency.

(h) Ultralight vehicle operators shall pay to the City an access fee in lieu of the flowage fee and taxes paid to the County by fixed wing and rotor aircraft owners. The fees will be established from time to time by resolution of the City Council.

(i) Such other services for activities as are deemed proper by the Council.

(Ord. 891-N.S., amended by Ord. 248-C.S., Ord. 414-C.S., Ord. 572-C.S., Ord. 2861-C.S., § 1, and Ord. 3212-C.S., § 1, effective 5-10-01)

When an aircraft storage account is delinquent for fifteen (15) days or more, the Airport Manager may lock up the airplane until storage charges are paid. No aircraft on which any tiedown fees or hangaring fees are unpaid may be removed without the prior written consent of the Airport Manager.

In addition to all other remedies provided by law for the collection and enforcement of charges or fees due for the tying down or hangaring of aircraft, the City shall have a lien upon aircraft for the tying down and hangaring thereof. Whenever such lien is lost by reason of possession through trick, fraud or device, the repossession thereof by the City shall revive such lien. Any lien of the City upon aircraft for the tying down or hangaring thereof may be foreclosed in the same manner as is provided generally by the Civil Code of California for the foreclosure of liens upon personal property.

(Added by Ord. 606-C.S., effective 10-23-63)

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

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

(Repealed by Ord. 572-C.S., effective 4-24-63)

(Repealed by Ord. 572-C.S., effective 4-24-63)

(Repealed by Ord. 572-C.S., effective 4-24-63)

Rents for other structures not mentioned herein shall be based upon the cost of the structure and determined by negotiation.

(Ord. 891-N.S.)

(Repealed by Ord. 572-C.S., effective 4-24-63)

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

No gasoline, fuel or oil shall be delivered to or hauled or carted or stored at said airport by any company, corporation, copartnership or individual unless said company, corporation, copartnership or individual has a lease or agreement with the City authorizing such to be done.

(Ord. 891-N.S., amended by Ord. 2413-C.S., § 1, effective 5-30-86)

(Repealed by Ord. 572-C.S., effective 4-24-63)

Operators of services or activities other than those enumerated herein may be termed a concession upon Resolution of the Council. Operators of such concessions shall be subject to all other rents herein provided and shall pay in addition to the City, a minimum of two and one-half (2-½) per cent of the gross monthly income from said concession.

(Ord. 891-N.S.)

In addition to the fees herein mentioned, all persons shall pay for their own utilities.

(Ord. 891-N.S.)

(Repealed by Ord. 572-C.S., effective 4-24-63)

Any activity not specifically covered herein shall pay those fees established by negotiation between the operator and the City and shall be determined by the type of undertaking, extent thereof, use of the field and services required, and other factors applicable to the particular enterprise.

(Ord. 891-N.S.)

The Council may enter into agreements with airlines, firms, individuals, corporations and partnerships to operate flying schools, to 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 private, noncommercial flying, for the sale of fuels, refreshments, aircraft, aircraft supplies, or any commodity and for other commercial purposes, may lease land at said airport and may lease buildings situated thereon.

(Ord. 891-N.S.)

Any person having a lease with the City shall pay the rentals accruing thereunder to the office of the Director of Finance, City of Modesto.

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