Article 2 — DEFINITIONS AND GENERAL PROVISIONS

Editor's note— This article formerly consisted of §§ 2-1-20—2-1-23 and was derived from Ord. No. 3642, § 1, adopted June 16, 1987. It was repealed and reenacted to read as set forth in §§ 2-1-11—2-1-19 by Ord. No. 3877, § 2, adopted Mar. 16, 1993.

(a)

Airport shall mean the John Wayne Airport, Orange County, California.

(b)

Airport Commission shall mean the Orange County Airport Commission, and its members, as appointed by the Orange County Board of Supervisors.

(c)

Airport Director shall mean the chief officer or a duly authorized representative selected by the Board of Supervisors to manage the operation of the Airport, including, but not limited to, the supervision of Airport employees and the issuance of such regulations, orders and instructions as are necessary in the administration of the Airport. The term "Airport Manager" when used is synonymous with "Airport Director."

(d)

Airport Noise Violation Committee shall mean the Committee, and its members, as selected by means of lottery on an annual basis from the members of the Airport Commission.

(e)

Air Operations Area (AOA) shall mean the area of the Airport designed and used for landing, takeoff or surface maneuvering of aircraft.

(f)

Board shall mean the elected or duly appointed members of the Board of Supervisors, County of Orange, California.

(g)

County shall mean the County of Orange, California, acting by and through its Board of Supervisors, and persons designated by the Board to implement and enforce this Division.

(h)

Environmental Laws shall mean all applicable federal, state or local laws, regulations, ordinances, codes, judgments or orders pertaining to the environment, hazardous materials, pollution or occupational safety and health, and includes, without limitation, the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended by the Superfund Amendments and Reauthorization Act of 1986, 42 U.S.C. §§ 9601, et seq., the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act of 1986 and Hazardous and Solid Waste Amendments of 1984, 42 U.S.C. §§ 6901, et seq., the Oil Pollution Act of 1990, 33 U.S. C. §§ 2701, et seq., the Toxic Substances Control Act, 15 U.S.C. §§ 2601, et seq., the Clean Air Act, 42 U.S.C. §§ 7401, et seq., the Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C. §§ 1251, et seq., and similar or implementing state and local laws, rules, orders, directives and regulations promulgated thereunder, as well as those laws, regulations, ordinances, codes, judgments and orders relating to:

(i)

Emissions, discharges, releases or threatened releases of Hazardous Materials into the environment (including, but not limited to, ambient air, surface water, groundwater, land surface or subsurface strata); and

(ii)

The manufacture, processing, distribution, use, generation, treatment, storage, disposal, transport or handling of hazardous materials, and related piping, emissions, discharges, releases or threatened releases therefrom.

(i)

Field Area shall mean that area on the aircraft operating area side of the terminal building and security fencing, including baggage handling sections, aircraft parking areas, shops, hangars, fuel storage areas, runways, taxiways, perimeter or service roads; all areas separated from roadways, sidewalks, buildings and highways by means of fencing, no-trespassing signs or lack of evidence of provisions of proper facilities for convenient, safe and easy entrance into and around subject land sections; and any other specific areas designated by the Airport Director as field areas.

(j)

Hazardous Materials shall mean any substance, pollutant, contaminant, radiation or chemical which is hazardous to human health or safety or the environment, including, without limitation, all of those substances which are listed or defined as "pollutants," "contaminants," "hazardous materials," "hazardous wastes," "hazardous substances," "toxic substances," "radioactive materials," "solid wastes," or other similar designations pursuant to Environmental Laws, including, without limitation, petroleum (including crude oil or any fraction thereof), any petroleum product, asbestos and asbestos-containing materials, and poly-chlorinated bipheyls.

(k)

Permittee shall mean permit holder, licensee, lessee, tenant of any kind, or property right holder, the permittee's agent, contractors and employees.

(l)

Person shall mean any individual, firm, partnership, corporation, association, organization, joint stock association, business entity or body politic, and includes any trustee, receiver, assignee, or other similar representative thereof.

(m)

Public Area shall mean that area including concessions open to the public; rest rooms; the terminal building lobby section used for public access; roadways and walkways adjacent to the terminal building area; parking lots, exclusive of such areas as are designated as employee parking, truck parking, taxicab parking, freight and mail loading, and unloading ramps and docks.

(n)

Security Identification Display Area (SIDA) shall mean that area of the Airport to which access is controlled by the inspection of persons and property in accordance with an approved security program and where identification badges must be displayed.

(Ord. No. 3877, § 2, 3-16-93; Ord. No. 04-016, § 2, 9-9-04)

The Airport Director shall be appointed by the Board and shall have the following specifically enumerated powers and duties and additionally those which are set forth by Board resolutions and minute orders:

(a)

To issue such rules, regulations, orders and instructions as are necessary for the administration and security of the Airport.

(b)

To post signs at the Airport which state applicable rules, regulations, orders, or instructions.

(c)

To implement and enforce the Phase 2 Commercial Airline Access Plan and Regulation, any subsequent access plan adopted by the Board, and to implement any other Board directives in regard to aircraft access and regulation of aircraft noise.

(d)

To enforce all other Airport rules, regulations, orders, and instructions.

(e)

To withhold permission to use the Airport from any entity or person who violates applicable rules, regulations, orders, directives, or from any entity or person who is in default of any license, lease or agreement permitting operations on the Airport.

(f)

With the concurrence of the County Executive Officer, to perform duties, functions, and responsibilities necessary for the planning, design, construction, alteration, maintenance, and operation of buildings, structures, and grounds at the Airport. Such duties shall be in compliance with applicable Board resolutions and California law, including but not limited to the Public Contract Code.

(g)

To represent the Airport on matters affecting the interests of the Airport as to aviation matters.

(h)

To perform such other duties as are duly authorized or delegated by the Board.

(Ord. No. 3877, § 2, 3-16-93; Ord. No. 98-15, § 16, 12-8-98; Ord. No. 04-016, § 3, 9-9-04)

No provisions of this article are intended to delegate to the Airport or Airport Director any authority or duty required by law to be performed by the Board or any other public officer or agency, or delegated by the Board to any other public officer or agency.

(Ord. No. 3877, § 2, 3-16-93; Ord. No. 04-016, § 4, 9-9-04)

There is hereby created a commission, consisting of five (5) members, to be known as the Orange County Airport Commission.

(Ord. No. 3877, § 2, 3-16-93; Ord. No. 04-016, § 5, 9-9-04)

The Board shall appoint the members of the Airport Commission, each of whom shall either reside or work in Orange County. A Supervisor from each Supervisorial district shall nominate one (1) Airport Commissioner. A member of the Board may appoint a person from outside of the District that the member represents, but may only appoint such a person with the concurrence in writing of the Board member who represents the District in which the proposed appointee resides or works. The term of each Airport Commissioner shall coincide with the term of the nominating Supervisor. A member may be removed during his/her term of office by majority vote of the Board. Vacancies on said Commission shall be filled by appointment by the Board of Supervisors.

(Ord. No. 3877, § 2, 3-16-93; Ord. No. 04-016, § 6, 9-9-04; Ord. No. 15-013, § 1, 9-1-15; Ord. No. 20-008, § 1, 11-17-20)

The Airport Commission shall meet at such times and places in the County of Orange as may be fixed by the Commission and at such other times and places as the Board may request.

(Ord. No. 3877, § 2, 3-16-93; Ord. No. 04-016, § 7, 9-9-04)

The Airport Commission shall appoint one (1) of its members as chairperson, and one (1) as vice- chairperson, each of whom shall serve at the pleasure of the Commission. The chairperson shall preside at all meetings of the Commission and shall direct and coordinate the activities and functions of the Commission. The vice-chairperson shall perform the duties of the chairperson in the chairperson's absence. The Airport Director, or the Director's duly authorized representative, shall act as secretary of the Commission and shall keep the minutes of the Commission meetings and attend to the necessary correspondence of the Commission and shall be the custodian of the Commission.

(Ord. No. 3877, § 2, 3-16-93; Ord. No. 04-016, § 8, 9-9-04)

Each member of the Airport Commission shall receive compensation as provided by Resolution of the Board for each Commission meeting attended by the member, not to exceed a number of meetings specified by such Resolution by the Board. Each member of said Commission shall be entitled to traveling expenses to and from his/her usual place of residence to the place of meeting of the Commission at the current rate allowed County employees for each mile actually and necessarily traveled in attending Commission meetings and shall be allowed traveling expenses on Commission business other than Commission meetings when specifically authorized by the Board.

(Ord. No. 3877, § 2, 3-16-93; Ord. No. 04-016, § 9, 9-9-04)

The Airport Commission shall be advisory to the Board and shall have powers:

(a)

To recommend to the Board plans for the development, maintenance, and operation of John Wayne Airport and other airports which may be acquired or operated by the County.

(b)

To advise the Board and make recommendations on any matter pertaining to airports or air transportation.

(c)

To make such investigations as it may deem necessary in the exercise of the powers enumerated in this Section. The Airport Director shall give full cooperation in any such investigations.

(d)

To hold such hearings as are assigned in accordance with the procedures set forth in Section 2-1-30.14(f).

(Ord. No. 3877, § 2, 3-16-93; Ord. No. 04-016, § 10, 9-9-04)

There is hereby created a committee to be known as the Airport Noise Violation Committee, consisting of three (3) members of the Orange County Airport Commission, selected at random (by means of lottery) on an annual basis. Vacancies on said Committee shall be filled by means of lottery.

(Ord. No. 04-016, § 11, 9-9-04)

The Airport Noise Violation Committee shall meet at such times and places in the County of Orange as may be fixed by the Committee, as necessary to fulfill its powers and responsibilities as enumerated in Section 2-1-30.4 of Article 3 of this Division, and at such other times and places as the Board may request.

(Ord. No. 04-016, § 12, 9-9-04)

The Airport Noise Violation Committee shall appoint one (1) of its members as chairperson whom shall serve at the pleasure of the Committee. The chairperson shall preside at all meetings of the Committee and shall direct and coordinate the activities and functions of the Committee.

(Ord. No. 04-016, § 13, 9-9-04)

Each member of the Airport Noise Violation Committee shall receive compensation consistent with the compensation enumerated in Section 2-1-18 of Article 2 of this Division.

(Ord. No. 04-016, § 14, 9-9-04)

The Airport Noise Violation Committee shall adjudicate and decide all Notices of Appeal of Noise Violations which have been submitted pursuant to Section 2-1-30.14(d), and shall have such powers as enumerated in Section 2-1-30.14 of Article 2 of this Division.

(Ord. No. 04-016, § 15, 9-9-04)

Secs. 2-1-25—2-1-30. - Reserved.