Article 4 — COMMERCIAL ACTIVITIES

(a)

Policy. All commercial activities at the Airport shall be regulated and governed by the policies set forth and established in Section 2-1-1.

(b)

Business and commercial activity. For the purpose of this article, "business or commercial activity" includes but is not limited to the following types of activities when done for profit, hire, compensation or reward:

(1)

Sales or rental of any goods, wares, merchandise, or services;

(2)

Pilot training and flight instruction;

(3)

Sale, rental or charter of aircraft:

(4)

Air carrier, commuter, scheduled air taxi and air taxi operations;

(5)

Sale of aviation petroleum products;

(6)

Sale, rental or service of aircraft parts, avionics, instruments or other aircraft equipment;

(7)

Repair, maintenance, rebuilding, alteration or exchange of aircraft and aircraft engines, components or other parts;

(8)

Flying clubs;

(9)

Taxicabs, buses, limousines and other ground transportation;

(10)

Car rental;

(11)

Commercial photography;

(12)

Aircraft wash and wax operations;

(13)

Sale of newspapers or periodicals through use of newsracks;

(14)

Any activity for monetary gain, unless specifically excluded herein;

(c)

Prohibition. No person shall engage in any business or commercial activity on the Airport without a lease, operating agreement, license, permit or contract approved by the County, or a sublease from a duly authorized master lessee. This prohibition shall also apply to persons who use the Airport as a base for conducting their activity and who derive income from the Airport but whose office or other place of business is not located on the Airport. This prohibition does not apply to:

(1)

Aircraft operations in which the flight originates and terminates elsewhere and the Airport is utilized as a temporary stopping place for such purposes as landings, refueling or other aeronautical service, or the embarking or debarking of passengers, except in the case of scheduled air taxi, commuter or scheduled airlines;

(2)

Company- or corporate-owned aircraft where personnel or products are transported free of charge, the trip being merely incidental to the company's principal business and not, in itself, an enterprise for profit;

(3)

Casual or isolated transactions such as sales by the owner;

(4)

Any person who comes onto the Airport at the request of, and for the purpose of, delivering articles of merchandise to or performing services, of an isolated and incidental nature, for any person authorized to conduct commercial activities on the Airport pursuant to this article; the Airport Director may, however, restrict the location where such deliveries or services are provided as the public safety and convenience require.

(d)

Commercial operations. A person authorized to engage in any commercial activity at the Airport may only charge fair, reasonable and not unjustly discriminatory prices for each unit or service, provided that the person may be allowed to make reasonable and non-discriminatory discounts, rebates or other similar types of price reductions to volume purchasers. No product or service may be provided on the condition that the customer is required to purchase a different product or service.

(Ord. No. 3642, § 1, 6-16-87; Ord. No. 3877, § 3, 3-16-93; Ord. No. 04-016, § 28, 9-9-04)

Air carrier, cargo carrier, commuter and scheduled air taxi operations shall be regulated as provided by resolution of the Board of Supervisors as the Phase 2 Commercial Airline Access Plan and Regulation ("the Phase 2 Access Plan"), by such orders, instructions and notices of the Airport Director as are necessary in the administration of the Phase 2 Access Plan; and by the general terms of this Division.

(Ord. No. 3642, § 1, 6-16-87; Ord. No. 04-016, § 29, 9-9-04)

(a)

No person shall operate a vehicle that is carrying passengers for hire to or from the Airport unless he is the holder of a contract authorizing same by the Board.

(b)

No person shall park, on the Airport, a vehicle used for the purpose of carrying passengers for hire unless he is the holder of a contract authorizing same by the Board.

(c)

No person shall, on the Airport, solicit or invite any person to ride in a vehicle used for the purpose of carrying passengers for hire, either by driving slowly past a loading entrance to an airport building or by any

other act or utterance calculated to induce that person to engage the vehicle unless said operator is the holder of a contract authorizing same by the Board.

(Ord. No. 3642, § 1, 6-16-87; Ord. No. 04-016, § 30, 9-9-04; Ord. No. 18-003, § 1, 8-28-18)

No person shall operate a hotel, motel or similar courtesy vehicle at John Wayne Airport for pickup or discharge of airport passengers, for purposes of transport to an off-airport location, unless a permit has been issued for such courtesy vehicle by the Board. A fee shall be required for such permits, as established by Resolution of the Board of Supervisors, and shall require the courtesy vehicle operator to maintain insurance in amounts and under terms and conditions determined by the County Risk Manager to be necessary or desirable to protect the interest of the County and the general public.

(Ord. No. 3642, § 1, 6-16-87; Ord. No. 04-016, § 31, 9-9-04)

(a)

On-airport car rental agencies. On-airport car rental agencies, those which solicit or accept customers on the Airport other than in response to a customer's request that the agency come onto the Airport to deliver a rental car or pick up the customer for subsequent delivery of a rental car off the Airport, shall lease counter space in the terminal subject to an operating agreement with the County or otherwise act as a sublessee of an Airport fixed base operator, in which rental car activity is a permitted use under the FBO lease.

(b)

Off-airport car rental agencies. All car rental agencies, other than on-airport car rental agencies, shall be authorized to transact business on the Airport only if a permit therefor is first obtained from the Board. Such permit shall limit the off-airport car rental agency to the activity of delivering rental cars to a customer (or picking up the customer at the Airport for delivery of a rental car off the Airport) where the customer has requested the rental car agency to come onto the Airport for such purposes. The permit shall contain such other terms and conditions as the Board determines to be necessary for the protection of the safety, convenience and welfare of the County and the general public. Such permits shall require the off-airport car rental agency to pay a fee, as established by resolution of the Board of Supervisors, and shall require the off-airport car rental agency to maintain insurance in amounts and under terms and conditions determined by the County Risk Manager to be necessary or desirable to protect the interest of the County and the general public.

(Ord. No. 3642, § 1, 6-16-87; Ord. No. 04-016, § 32, 9-9-04)

(a)

Except as hereinafter provided, no person shall take a still, motion or sound picture on the Airport for commercial purposes without the permission of the Board.

(b)

The Airport Director may allow any of the following to take pictures on the Airport for commercial purposes, without prior permission of the Board:

(1)

Professional photographers and motion picture cameramen photographing events on the Airport as representatives of news concerns or bona fide news publications.

(2)

Professional photographers and motion picture cameramen photographing events at the Airport for nonprofit exhibit, to stimulate interest in air commerce or travel or for nonprofit educational purposes.

(3)

Professional photographers photographing scenes on the Airport for general artistic purposes.

(Ord. No. 3642, § 1, 6-16-87; Ord. No. 04-016, § 33, 9-9-04)

(a)

Except as herein provided, no person shall wash or wax any aircraft at the Airport without first applying for and obtaining an Aircraft Washing and Waxing Permit issued by the Airport Director.

(b)

Subsection (a) shall not apply to those persons who perform washing or waxing operations on their own aircraft or to authorized fixed base operators who perform washing or waxing on their leaseholds, tie- downs, or demised premises, as incidental to aircraft maintenance operations.

(c)

All persons who perform wash and wax operations shall do so in such a manner as to prevent any water, washwater or rinsate from discharging into the storm sewer or drainage system.

(d)

All persons who perform wash and wax operations at the Airport shall perform such operations in compliance with the following: Airport Rules and Regulations; all applicable Environmental Laws, including, but not limited to, federal, state and local Water Quality regulations and permits, and OCCO §§4-13-10, et seq., or §§9-1-10, et seq.; all requirements of any permit; and all requirements of this Article.

(e)

Failure to perform wash and wax operations in accordance with this Section shall constitute a violation of this Article and shall be grounds for immediate revocation of the Airport Washing and Waxing Permit, tie down license or rights of permittee.

(f)

Violation of Section 2-1-46 may be a misdemeanor and may be punishable as set forth in Section 1-1-34 of the Codified Ordinances of the County of Orange.

(Ord. No. 3642, § 1, 6-16-87; Ord. No. 04-016, § 34, 9-9-04)

(a)

"Non-stormwater discharge" means any discharge to storm sewer or drainage systems that is not composed entirely of stormwater.

(b)

No person on Airport premises shall allow any non-stormwater discharge, with the exception of irrigation water and water being used to fight fires, to flow into the Airport's storm drain system or inlets in violation of the Airport's Stormwater Discharge Permit requirements and conditions.

(c)

All persons shall carry out all activities related to non-stormwater discharges on Airport premises in compliance with the following: Airport Rules and Regulations; all applicable Environmental Laws, including, but not limited to, federal, state and local Water Quality regulations and permits, and OCCO §§4-13-10, et seq., or §§ 9-1-10, et seq.; all requirements of any permit; and all requirements of this Article. Failure to carry out the work or occupy the premises in such a manner shall be a violation of this Article and grounds for immediate revocation of the rights of the permittee.

(d)

Violation of Section 2-1-46 may be a misdemeanor and may be punishable as set forth in Section 1-1-34 of the Codified Ordinances of the County of Orange.

(Ord. No. 04-016, § 35, 9-9-04)

(a)

No person shall perform maintenance on any aircraft at the Airport without an Aircraft Maintenance License issued by the Airport Director or his or her designee.

(b)

Subsection (a) shall not apply in the following situations:

(1)

Aircraft maintenance performed by a person holding an authorized lease, sublease, operating agreement, license, permit, or contract approved by the County and/or the Airport Director, provided such maintenance

being performed is duly authorized in said document.

(2)

Preventive maintenance, as defined by Airport Rules and Regulations, performed by the registered owner of said aircraft, as such ownership is indicated in the document of aircraft registration issued by the Federal Aviation Administration. The registered owner of an aircraft who possesses a current Federal mechanic rating, such as Airframe & Powerplant (A&P) or Airworthiness Aviation Safety Inspector (A/W ASI), may do additional work on said aircraft, provided prior written approval is obtained from the Airport Director.

(c)

All aircraft maintenance shall occur only in areas designated pursuant to Airport Rules and Regulations.

(d)

Any person performing maintenance on any aircraft or other equipment on Airport premises shall comply with all applicable Environmental Laws and regulations regarding the use, storage, distribution and/or disposal of Hazardous Materials. Any person on the Airport who causes or has responsibility for any Hazardous Material spill, leak or discharge shall immediately make any necessary repairs and take any necessary corrective or remedial actions, including clean up and disposal of the material spilled and clean up of any ground or substance that is contaminated by the spill, leak or discharge.

(e)

Each person to whom space on the Airport is leased or otherwise granted, assigned or made available for use, shall keep the space free and clear of gasoline, fuel, oil, grease or other foreign materials that could cause a fire hazard or a slippery or otherwise unsafe condition, or could discharge into the storm drain system or damage Airport pavement or property.

(f)

No person shall start the engine of an aircraft or other vehicles or equipment on the Airport if there is any gasoline or other volatile flammable liquid on the ground beneath the aircraft, vehicle or equipment of sufficient quantity to constitute a hazard or danger to persons, property or the environment.

(g)

All persons on the Airport handling Hazardous Materials shall carry out their work or occupy Airport premises in compliance with the following: Airport Rules and Regulations; all applicable Environmental Laws; all applicable federal or state-issued municipal, industrial, construction or other Stormwater Permits; the County's Water Quality Requirements prepared pursuant to such a permit or pursuant to this Article or to OCCO §§4-13-10, et seq., or §§9-1-10, et seq.; stormwater-related provisions of a County-issued permit; the requirements of any applicable permits; all requirements of this Article; and the requirements of OCCO §2-1-56, "Fire Hazards and Fueling Operations." Failure to carry out the work or occupy the premises in such a manner shall be a violation of this Article and grounds for immediate revocation of any permit held by the person responsible for said violation.

(h)

Violation of Section 2-1-47 may be a misdemeanor and may be punishable as set forth in Section 1-1-34 of the Codified Ordinances of the County of Orange.

(Ord. No. 3642, § 1, 6-16-87; Ord. No. 04-016, § 36, 9-9-04)

(a)

Any person operating an aircraft or other equipment on Airport premises shall comply with all applicable laws and regulations regarding the use, storage, distribution, and/or disposal of non-hazardous materials such, as dirt, biffy waste material, lavatory waste, solid waste, trash or other substances (hereafter, "non- hazardous substances"). Any person on the Airport who causes or has responsibility for any non-hazardous material spill, leak, or discharge, shall immediately take any necessary corrective or remedial actions, repairs, clean up and disposal of the material spilled and any ground or substance that is contaminated by the spill, leak or discharge.

(b)

No person shall use any material (such as oil absorbents or similar material) in a manner that creates an eye hazard when picked up, swirled or blown about by the wind or a blast from aircraft propellers or engine or other vehicle or equipment engine. No person shall allow absorbent materials to be discharged into an Airport storm drain or use it in a manner that can be a danger to persons, property or the environment.

(c)

All persons on the Airport in regard to the handling of non-hazardous materials shall carry out their work or occupy Airport premises in compliance with the following: Airport Rules and Regulations; all applicable Environmental Laws; all applicable federal or state-issued municipal, industrial, construction or other Stormwater Permits; the County's Water Quality Requirements prepared pursuant to such a permit or pursuant to this Article or to OCCO §§ 4-13-10, et seq., or §§ 9-1-10, et seq.; stormwater-related provisions of a County-issued permit; the requirements of any other applicable permit; and all requirements of this Article. Failure to carry out the work or occupy the premises in such a manner shall be a violation of this Article and grounds for immediate revocation of any permit held by the person responsible for said violation.

(d)

Violation of Section 2-1-47 may be a misdemeanor and may be punishable as set forth in Section 1-1-34 of the Codified Ordinances of the County of Orange.

(Ord. No. 04-016, § 37, 9-9-04)

hazardous materials and non-stormwater discharges.

(a)

The Airport Director may issue such rules, regulations, orders, and instructions as are necessary for the immediate abatement and termination of the use, storage, distribution, and/or disposal of hazardous materials, non-hazardous materials, and non-stormwater discharges.

(b)

The Airport Director may issue notices of non-compliance, compliance orders, and cease and desist orders, to any person on Airport property, for the purpose of terminating and abating the use, storage, distribution, and disposal of hazardous materials, non-hazardous materials, and non-stormwater discharges.

(c)

The Airport Director may deliver to any person on Airport property who becomes a subject of this section, an invoice for costs for the actual costs incurred by the County in the issuing or enforcing of any notice or order issued under this section. All costs and expenses incurred by the County in enforcing this section are recoverable under state law and shall be recoverable from those persons who are the subject of any regulation, notice, or order issued under the authority of Sections 2-1-46 and 2-1-47.

(Ord. No. 04-016, § 38, 9-9-04)

(a)

Definitions. As used in this article:

(1)

Newsrack, for the purposes of this Division, shall mean any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display and sale of newspapers, magazines, periodicals or other written or printed publications or materials (Written Materials).

(2)

Newsrack operator, for the purposes of this Division, shall mean any person who is permitted by the County to install, maintain, or operate a newsrack at John Wayne Airport.

(b)

Permission required. A person shall not sell, give, dispense, or distribute any Written Materials by use of a newsrack at the Airport, or permit same, except pursuant to this Section.

(1)

A person shall not sell, give, dispense or in any way distribute Written Materials by use of a newsrack at John Wayne Airport without permission of the County by means of first having obtained a license in accordance with Section 2-l-40(c). The Airport Director may revoke that license if the licensee uses any newsrack in violation of the provisions of this section.

(2)

Any license allowing the use of a newsrack at the Airport shall be awarded by the Airport Director on a first- come, first-served basis and without discrimination or regard to content of the written or printed material; provided, however, that no newsrack shall be permitted to dispense and display Written Materials which are in violation of this section.

(c)

Annual fee. Each newsrack operator shall pay an annual fee as established by Resolution of the Board per vending bin within the newsrack, and that fee shall be paid to the County in advance prior to each year of the license. The fee shall be deemed earned by the County when paid and shall not be refunded if the license is revoked during the annual period.

(d)

Standards. In order to facilitate and promote the safety and convenience of the users and employees of the Airport and to avoid obstructions, congestion and delays caused by newsracks which could impede or hinder the orderly flow of pedestrian traffic, all newsracks shall be installed, maintained and operated in accordance with the following:

(1)

Each newsrack shall be maintained in a clean, neat, functional condition and in good repair at all times. Written Materials shall be restocked when depleted and all superseded publications shall be removed and replaced with the then current edition. Should the newsrack operator not maintain the newsracks, the County may maintain them at the operator's expense.

(2)

No newsrack shall be used for advertising signs or publicity purposes other than that dealing with the display, sale, or purchase of the Written Materials sold or distributed therein.

(3)

Newsracks shall only be placed in the approved locations set forth in the license. The Airport Director may require any newsrack operator to relocate or remove newsracks in order to promote safety or allow for the orderly flow of pedestrian or other traffic and to provide for a safe and efficient allocation of airport space.

(4)

Newsracks shall comply with the standards set forth in Orange County Codified Ordinance Section 6-1-92, unless otherwise authorized by the Airport Director.

(5)

Newsracks shall be governed by the provisions set forth in Orange County Codified Ordinance Section 6-1- 111.

(e)

Removal.

(1)

Any newsrack installed, used or maintained in violation of the provisions of this article may be removed and stored in any convenient place by the Airport Director or Sheriff. The Airport Director or Sheriff shall, prior to removal, take reasonable steps to notify the owner thereof. Upon failure of the owner, following notice, to claim such newsrack and pay the expenses of removal and storage within thirty (30) days after such removal, such newsrack shall be deemed to be unclaimed or abandoned property in possession of the Sheriff and may be disposed of pursuant to law.

(2)

In the case of violations of this Section relative to restrictions upon attachments of newsracks to property other than that owned by the owner of the newsrack, to fixed objects or each other, and upon location of newsracks, the Airport Director or Sheriff may, as an alternative to removal under paragraph (1) of this subsection, remove such attachment and/or move such rack or racks in order to restore them to a legal condition.

(f)

Abandonment. In the event any newsrack installed pursuant to this article is not serviced with the publication it is designed to disseminate for a period of over fourteen (14) days, the County reserves the right to remove same pursuant to the procedure set out in Orange County Codified Ordinance Section 6-1- 94. For purposes of this Section, abandonment shall include, but is not limited to, circumstances where no publication is in the rack for a period of over fourteen (14) days.

(Ord. No. 3877, § 4, 3-16-93; Ord. No. 04-016, § 39, 9-9-04)