Chapter 16.02

ORGANIZATION, DEFINITIONS, AND ENFORCEMENT

This title shall be known and may be referred to, in all proceedings, as "the Palm Springs International Airport Ordinance" or the "Airport Ordinance." (Ord. 1693 § 2, 2006)

• (a) The purpose of this chapter is to ensure that the public's health and safety is not jeopardized, that all airport users are treated in a fair, just, and nondiscriminatory manner, and to promote the most effective and efficient use of the air-port facilities.

• (b) It is the intent of the city council to:

  • (1) Plan, manage, operate, finance, and develop the Airport in a manner consistent with the adopted goals and policies of the city council;

  • (2) Provide the residents of the City of Palm Springs and the Coachella Valley with access to the nation's aviation system;

  • (3) Preserve and enhance the City's status as a premier tourist destination;

  • (4) Ensure the Airport's long term financial health;

  • (5) Protect and promote the health, safety, security, and general welfare of the public consistent with all applicable Regulatory Measures;

  • (6) Encourage the development and operation of General Aviation businesses and the provision of quality aviation products, services, and facilities to the public at the Airport; and

  • (7) Ensure that the Airport is operated for the use and benefit of the public and made available to all types, kinds, and classes of Aeronautical Activity on fair and reasonable terms and without unjust discrimination.

• (c) This title, and any amendments or supplements to this title, is designed and intended to protect the health, safety, interest, and general welfare of the Operators and Lessees at, and the consumers and users of, the Airport and to restrict or prevent any activity or action which would interfere with the safe, orderly, and efficient use of the Airport by Operators, Lessees, consumers, and users.

• (Ord. 1693 § 2, 2006)

• (a) Definitions identified and defined in subsection b, whenever used in the title, shall be construed as defined therein unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly ascribed to the use of such words or phrases. All defined words are capitalized throughout the title.

• (b) In construing the provisions of the title, the following definitions shall apply:

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City of Palm Springs, CA § 16.02.015

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"Abandoned" means left at the Airport and as applied to Property, other than Vehicles, the term "abandoned" means anything left on the Airport for forty-eight hours without the owner moving or claiming it.

"Abandoned vehicle" means any Vehicle that has remained stationary on the Airport in excess of seventy-two hours and is in a condition that would render the Vehicle undrivable, including expired license plates, missing (or flat) tire, and/or broken window, or has been declared as an Abandoned Vehicle by the Director.

"AC" means "Advisory Circular," a document issued by the FAA to help explain the intent of a federal regulation, to provide guidance and information to the aviation public in a designated subject area, or to show an acceptable method for complying with a related federal regulation.

"Accident" means a collision or other contact between any part of an Aircraft, Vehicle, person, stationary object and/or other thing which results in Property damage, personal injury, or death; or an entry into or emergence from a moving Aircraft or Vehicle by a person which results in personal injury or death to such person or some other person or which results in Property damage.

"Aeronautical activity" or "aeronautical activities" or "activities" means any activity or service that involves, makes possible, facilitates, is related to, assists in, or is required for the operation of Aircraft or another Aeronautical Activity, or which contributes to or is required for the safety of such operations. The following Aeronautical Activities, without limitation, which are commonly conducted on airports, are considered Aeronautical Activities within this definition: Aircraft charter, pilot training, Aircraft rental, sightseeing, aerial photography, aerial spraying and agricultural aviation services, aerial advertising, aerial surveying, air carrier operations (passenger and cargo), Aircraft sales and service, sale of aviation fuel and oil, Aircraft Maintenance, sale of Aircraft parts, and any other Activities which, because of their direct relationship to the operation of Aircraft or the Airport, can appropriately be regarded as an Aeronautical Activity. For all purposes of the title, all products and services described herein are deemed to be "Aeronautical Activities."

"Agency" means any federal, state, or local governmental entity, unit, agency, organization, or authority.

"Agreement" means a written contract, executed by both parties, and enforceable by law between the City and an entity granting a concession, transferring rights or interest in land and/or Improvements, and/or otherwise authorizing, restricting, and/or prohibiting the conduct of certain Activities. Such Agreement will recite the terms and conditions under which the Activity will be conducted at the Airport including, but not limited to, term of the Agreement; rents, fees, and charges to be paid by the entity; and the rights and obligations of the respective parties.

"Aircraft" means any contrivance now known or hereafter invented which is used or designed for navigation of or flight in air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. This includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, helicopters, gliders, gyrocopters, ground-effect machines, sailplanes, amphibians, and seaplanes.

"Aircraft accident" means an occurrence associated with the operation of an Aircraft where as a result of the operation of an Aircraft, any person (either inside or outside the Aircraft) receives fatal or serious injury, any Aircraft receives substantial damage, or Property on the Airport (including, but not limited to, the runway, Taxiway, Apron, or a navigational aid,

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light, or fixture on the Airport) is damaged.

"Aircraft charter operator" means a Commercial Operator engaged in on demand common carriage for persons or Property (as defined in 14 CFR Part 135) or operates in private carriage under 14 CFR Part 125.

"Aircraft design group" means a grouping of Aircraft based upon wingspan. The groups are as follows: Group I: Up to but not including forty-nine feet. Group II: forty-nine feet up to but not including seventy-nine feet. Group III: seventy-nine feet up to but not including one hundred eighteen feet. Group IV: one hundred eighteen feet up to but not including one hundred seventy-one feet. Group V: one hundred seventy-one feet up to but not including two hundred fourteen feet. Group VI: two hundred fourteen feet up to but not including two hundred sixty-two feet.

"Aircraft line maintenance" means Aircraft Maintenance typically required to return an Aircraft to service within a short period of time. Examples include, but are not limited to: replenishing lubricants, fluids, nitrogen, and oxygen; servicing of landing gear tires and struts; lubricating aircraft components; and, avionics/instrument removal and/or replacement.

"Aircraft maintenance" means the repair, maintenance, alteration, calibration, adjustment, preservation, or inspection of Aircraft airframe, power plant, propeller, and accessories (including the replacement of parts) as described in 14 CFR Part 43.

"Aircraft maintenance operator" means a Commercial Operator engaged in providing Aircraft Maintenance (as defined in 14 CFR Part 43) for Aircraft other than those owned, leased, and/or operated by (and under the full and exclusive control of) the Operator, which includes the sale of Aircraft parts and accessories.

"Aircraft management operator" means a Commercial Operator engaged in the business of providing Aircraft management including, but not limited to, flight dispatch, flight crews, or Aircraft Maintenance coordination to the general public.

"Aircraft operator" means a person who uses, causes to be used, or authorizes to be used an Aircraft, with or without the right of legal control (as owner, lessee, or otherwise), for the purpose of air navigation including the piloting of Aircraft, or on any part of the surface of the Airport.

"Aircraft rental operator" means a Commercial Operator engaged in the rental of Aircraft to the general public.

"Aircraft rescue and fire fighting" or "ARFF," means City of Palm Springs personnel who are responsible for aircraft rescue and fire fighting at the Airport.

"Aircraft sales operator" means a Commercial Operator engaged in the sale of three or more new and/or used Aircraft during a twelve month period.

"Aircraft storage operator" means a Commercial Operator that develops, owns, and/or leases facilities for the purpose of Subleasing (to the general public) Aircraft storage facilities and/or associated office or shop space to entities engaging in Commercial or Non Commercial Aeronautical Activities.

"Airfield area" means the portion of the airport within the security perimeter fence.

"Airframe and powerplant mechanic," or "A and P Mechanic," means a person who holds an Aircraft mechanic certificate with both the airframe and power plant ratings. This

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City of Palm Springs, CA § 16.02.015

PALM SPRINGS INTERNATIONAL AIRPORT

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certification is issued by the FAA under the provisions of 14 CFR Part 65.

"Airport" means the Palm Springs International Airport and all land, Improvements, and appurtenances within the legal boundaries of the Airport as it now exists on the Airport Layout Plan, or as may be depicted on or within the most recent FAA grant and sponsor assurances, and all access roads and streets located thereon, and as it may hereinafter be extended, enlarged, or modified.

"Airport assurances" means the usual and customary assurances that airport owner/ operators must provide the FAA or other grant sponsors, in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants.

"Airport certification manual," or "ACM," means a manual developed by an airport that establishes responsibility, authority, and procedures for FAR Part 139 compliance. An ACM is required and approved by the FAA for airports served by scheduled air carrier Aircraft.

"Airport identification badge" means a media allowing access to certain parts of the Airport. The Airport Identification Badge may be one of the following: Sterile Area Worker, SIDA, or NonSIDA.

"Airport layout plan," or "ALP," means the current FAA approved drawing depicting the physical layout of the Airport and identifying the location and configuration of current and proposed runways, Taxiways, buildings, roadways, utilities, navaids, etc.

"Airport operations area," or "AOA," means the geographic location that includes Aircraft Movement Areas, Aircraft parking areas (Aprons), loading ramps, safety areas and any adjacent areas (such as general aviation areas) that are not separated by adequate security systems, measures, or procedures.

"Airport security coordinator" means the Airport's primary security representative and point-of contact for the TSA.

"Airport security program," or "ASP," means the current Airport Security Program, as may be amended from time to time, approved by the TSA, that specifies the systems, measures, and procedures that are used to meet the Airport's regulatory and statutory responsibilities relating to airport security.

"Airport terminal building" means the building at the Airport where the passenger processes of ticketing, baggage check in, security screening, aircraft boarding, baggage claim, customs, and immigration are accomplished.

"Air traffic control," or "ATC," means a service operated by appropriate authority to promote the safe, orderly, and expeditious flow of air traffic.

"AOA vehicle permit" means a permanent sticker or temporary placard affixed to a Vehicle authorizing access to the Restricted Areas of the Airport.

"Applicant," or "proposed operator or lessee," means an entity desiring to use land and/or Improvements at the Airport to engage in Aeronautical Activities and who shall apply in writing and in the manner or form prescribed herein for authorization to engage in such Activities at the Airport.

"Apron" means those paved areas of the Airport within the AOA designated by the City for the loading or unloading of passengers, servicing, or parking of Aircraft.

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"Association" means a legal entity formed and recognized under the laws of the State of California and having an existence separate and apart from its members or shareholders. For the purpose of the title, the term "Association" includes Limited Liability Company, Corporation, Partnership, and Limited Partnership, etc.

"Authorization signature letter" means a letter drafted by an Operator or Lessee that establishes the company and approved persons who can request badges and permits on behalf of the Operator or Lessee.

"Avionics" or "instrument maintenance operator" means is a Commercial Operator engaged in providing Aircraft Maintenance (as defined in 14 CFR Part 43) for Aircraft other than those owned, leased, and/or operated by (and under the full and exclusive control of) the Operator, which includes the sale of Aircraft parts and accessories.

"Based aircraft" means any Aircraft utilizing the Airport as a base of operation and is registered at the Airport with an assigned Tiedown or hangar space on the Airport or adjoining property which has direct Taxiway access to the Airport.

"Certificates of insurance" means a certificate provided by and executed by an Operator's insurance company evidencing the insurance coverages of the Operator.

"CFR" means Code of Federal Regulations, as may be amended from time to time.

"Charter party carrier/passenger stage carrier" means a Vehicle authorized to operate by the California Public Utilities Commission that is used in a business or concession located off Airport property for the transportation of passengers, baggage or parcels.

"City" means the City of Palm Springs, a California charter city.

"Commercial" means an Activity with the intent to generate and/or secure earnings, income, compensation, and/or profit, whether or not such objectives are accomplished. For the purpose of securing earnings, income, compensation (including exchange or barter of goods and services), and/or profit, whether or not such objectives are accomplished.

"Commercial lane" means the roadway adjacent to, and on the landside of, the Airport Terminal Building dedicated for Commercial Vehicle use only.

"Commercial vehicle" means a Taxi, Charter Party Carrier/Passenger Stage Carrier, Courtesy Vehicle or other Vehicle that is authorized by the Director of Aviation to drop off and/or pick up persons at the Airport Terminal.

"Commercial vehicle operator" means any person who is in actual physical control of a Commercial Vehicle.

"Compensation" means any form of reimbursement for goods or services such as, but not limited to, monetary, barter, favors, gratuity, etc.

"Contiguous land" means land that shares an edge or boundary or is separated by no more than a Taxilane or Taxiway.

"Courtesy vehicle" means a Vehicle used in a business or concession located off Airport property and used in transportation of passengers, baggage or parcels for which no charge is levied. Such operations would include, but not be limited to, hotels/motels, off Airport car rentals, and casinos.

"Department of Transportation (or "DOT")" means the Cabinet Department of the United States government concerned with transport. It was established by an act of Congress on

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

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October 15, 1966 and began operation on April 1, 1967. It is administered by the United States Secretary of Transportation.

"Development guidelines" means the parameters governing the design, construction, and/ or modification of Operator or Lessee facilities at the Airport.

"Director of aviation" or "director" means the City Manager of the City of Palm Springs or the designee or designees of the City Manager.

"Employee(s)" means any individual employed by an entity where by said entity collects and pays all associated taxes on behalf of Employee (i.e., Social Security and Medicare). The determination of status between "Employee" and "Contractor" shall be made according to then current IRS standards.

"Environmental Protection Agency (or "EPA")" means the Agency within United States government that has the responsibility for developing and enforcing regulations that implement environmental laws enacted by Congress.

"Equipment" means all property and machinery, together with the necessary supplies, tools, and apparatus necessary for the proper conduct of the Activity being performed.

"Exclusive right" means a power, privilege, or other right excluding or preventing another from enjoying or exercising a like power, privilege, or right. An exclusive right may be conferred either by express Agreement, by imposition of unreasonable standards or requirements, or by any other means. Such a right conferred on one or more parties, but excluding others from enjoying or exercising a similar right or rights, would be an exclusive right. An exclusive right to conduct an Aeronautical Activity, which is forbidden by federal regulation, is distinguished from an exclusive right to occupy real estate, which is permitted by federal regulation under certain conditions.

"Fair market rent" means the rent a property would command in the open market as indicated by rents asked and paid for comparable property as of the date of determination.

"Fair market value" means the price at which a property would change hands between a willing buyer and a willing seller, when there is no compulsion to buy or sell by either party, and both parties have reasonable knowledge of the relevant facts.

"Federal Aviation Administration" or "FAA" means the Agency within the Department of Transportation of the United States government that has the responsibility of promoting safety in the air, by both regulation and education.

"Fire department" means City of Palm Springs fire fighting personnel (including ARFF personnel) who are responsible for fire fighting at the Airport.

"Fixed base operator" or "FBO" means a Commercial Operator engaged in the sale and/ or subleasing of products, services, and facilities to Aircraft Operators including, at a minimum, the following Activities at the Airport:

• (1) Aviation Fuels and Lubricants (Jet Fuel, Avgas, and Aircraft lubricants);

• (2) Passenger, crew, and Aircraft Ground Services, Support, and amenities;

• (3) Aircraft Maintenance;

• (4) Tiedown, Hangar, Aircraft Parking, office, and shop.

"Flight training" means any use of an Aircraft to increase or maintain pilot or crewmember

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proficiency rather than the use of an Aircraft as transportation between two different Airports or other destinations. Flight Training shall also include any portion of a flight between two Airports or other destinations dedicated to increase or maintain pilot or crewmember proficiency.

"Flight training operator" means a Commercial Operator engaged in providing flight instruction to the general public.

"Fuel" means any substance (solid, liquid, or gaseous) used to operate any engine in Aircraft, Vehicles, or equipment.

"General aviation" means all aviation with exception of air carriers (including cargo) and government. General Aviation Aircraft are utilized for Commercial and non commercial purposes including business, corporate, recreational/pleasure, charter/air taxi, industrial/ special purpose, and instructional.

"Hazardous materials" or "hazardous waste" means any oil, petroleum products, flammable substances, explosives, radioactive materials, toxic wastes or substances or any other wastes, material, effluents, air contaminants or pollutants which pose a hazard to the health and safety of any person or may have detrimental effects upon the environment including land and/or Improvements at the Airport, or which are classified as hazardous materials under applicable Regulatory Measures.

"Improvements" means all buildings, structures, additions, renovations, and facilities including pavement, concrete, fencing, and landscaping constructed, installed, or placed on, under, or above any land on the Airport.

"Jet fuel" means fuel commonly utilized in Turboprop and Turbojet Aircraft.

"Law enforcement officer" means law enforcement officers of the Airport, or any other federal, state, or local government Agency.

"Leased premises" means the land and/or Improvements used exclusively under Agreement by Operator for the conduct of Operator's Activities.

"Lessee" means an entity that has entered into an Agreement with the Airport to occupy, use, and/or develop land and/or Improvements and engage in Aeronautical Activities.

"Light aircraft" means aircraft with a maximum takeoff weight of twelve thousand five hundred pounds or less.

"Limited aircraft services and support" means limited Aircraft, engine, or accessory support (e.g., cleaning, washing, waxing, painting, upholstery, propeller repair, etc.) or other related (miscellaneous) Aircraft services and support Activities.

"Master plan" means an assembly of appropriate documents and drawings covering the development of the Airport from a physical, economical, social, and political jurisdictional perspective and adopted by the City, a copy of which is on file and available for inspection in the Director of Aviation's office, and any amendments, modifications, revisions, or substitutions thereof. The Airport Layout Plan (ALP) is a part of the Master Plan.

"Minimum standards" means those qualifications, standards, and criteria set forth as the minimum requirements to be met as a condition for the right to engage in Activities at the Airport, as they may be amended from time to time.

"Miscellaneous commercial services and support" means ground schools, simulator training, scheduling and dispatching (flight coordination and aircrew management), or any

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other related (miscellaneous) Commercial services and support Activities.

"Movement area" means the runways, Taxiways, and other areas of the Airport which are utilized for taxiing/hover taxiing, air taxiing, takeoff, and landing of Aircraft, exclusive of loading ramps and parking areas. Specific approval for entry onto the movement area must be obtained from ATC.

"National Fire Protection Association" or "NFPA" means all codes, standards, rules, and regulations contained in the Standards of the National Fire Protection Association, as may be amended from time to time, and are incorporated herein by reference.

"Non commercial" means not for the purpose of securing earnings, income, compensation (including exchange of service), and/or profit.

"Non commercial hangar operator" means an entity that develops, constructs, and/or owns a hangar(s) for the primary purpose of storing Aircraft used for Non-Commercial purposes only.

"Non-SIDA" means an area on the Airport where all persons require appropriate NonSIDA identification.

"Operations department" means the division of the Airport responsible for Airport safety and security.

"Operator" means an entity that has entered into an Agreement or Permit with the City or subleased office, shop, hangar, or land to engage in Commercial Aeronautical Activities.

"Other air transportation services for hire" means non stop sightseeing flights (flights that begin and end at the Airport and are conducted within a twenty-five statute mile radius of the Airport); flights for aerial photography or survey, fire fighting, and power line, underground cable, or pipe line patrol; helicopter operations relating to construction or repair work; or, other related (miscellaneous) air transportation services for hire.

"Owner" means the registered legal owner of an Aircraft according to the records of the FAA or a Vehicle according to the Department of Motor Vehicle records.

"Park" means the standing of an Aircraft or Vehicle, whether occupied or not, other than for the purpose of and while engaged in loading or unloading of Property and/or passengers.

"Passenger bill of rights" means a document prepared by the Director of Aviation in consultation with the Airport Commission and representatives of Commercial Vehicle Operators that summarizes general rules of conduct, consideration, and respect, including without limitation provisions of the Palm Springs Municipal Code, that are applicable to or expected of Commercial Vehicle Operators in providing transportation services to traveling public and persons who use the Palm Springs International Airport.

"Permittee" means a person or business who has written permission (Permit) from the Director of Aviation to conduct Commercial Activity, within the confines of the Permit, at the Airport.

"Permit" means a written contract, executed by both parties, and enforceable by law between the City and an entity authorizing, restricting, and/or prohibiting the conduct of certain Activities at the Airport. Such Permit will recite the terms and conditions under which the Activity will be conducted at the Airport including, but not limited to, term of the Permit; fees, and charges to be paid by the entity; and the rights and obligations of the respective parties. Permits include, but may not be limited to, an approved Commercial

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City of Palm Springs, CA § 16.02.015

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§ 16.02.015

Aeronautical Activity Application/Permit or a Non Commercial Self Fueling Permit.

"Piston aircraft" means an Aircraft that utilizes a reciprocating engine for propulsion.

"Police department" means the City of Palm Springs Police Department.

"Private aircraft" means Aircraft operated non commercially by the owner(s). "Private Aircraft" includes Aircraft where one owner(s) or operator(s) share the expense of the operations of an Aircraft. Private Aircraft may be used by persons other than the owner, provided no remuneration accrues to the owner. Company and corporately owned Aircraft that are operated for the free transportation of personnel and/or products are classified a private Aircraft and subject to the same restrictions. New and used privately owned Aircraft held for sale only may be demonstrated to prospective purchasers or, when sold, may be used to provide flight training to the new owner.

"Private flying club" means an entity that is legally formed as a non profit entity with the State of California, operates on a non profit basis (so as not to receive revenues greater than the costs to operate, maintain, acquire and/or replace Flying Club aircraft), and restricts membership from the general public (i.e., does not advertise its membership availability to the general public).

"Property" means anything that is owned by an entity. Property is divided into two types: "real property," which is any interest in land, real estate, or the Improvements on it, and "personal property", which is everything else.

"Public area" means that area which includes the areas occupied by the various concessions, the restrooms, terminal lobby, walkway and waiting areas.

"Readily available" means conveniently located (in close proximity) and accessible, but not necessarily located on the Leased Premises.

"Refueling vehicle" means any Vehicle used for the transporting, handling or dispensing of Fuels, oils, and lubricants.

"Regulatory measures" means federal, state, county, local, and Airport, laws, codes, ordinances, policies, rules, and regulations, including, without limitation, those of the United States Department of Transportation, the FAA, TSA, EPA, NFPA, and the Airport Certification Manual (ACM), this title; all as may be in existence, hereafter enacted, and amended from time to time.

"Repair station" means a certificated Aircraft Maintenance facility approved by the FAA to perform specific maintenance functions. These facilities are certificated under 14 CFR Part 145.

"Restricted area" includes both the Airport Operations Area (AOA) and the Security Identification Display Area (SIDA).

"Rules and regulations" means the Rules and Regulations of the Airport, including the provisions of this title, as may be amended from time to time, and such administrative rules and regulations as the Director may adopt for the implementation of this title.

"Security identification display area" or "SIDA" means a portion of the Airport Operations Area (AOA) in which security measures are carried out and individual and vehicular identification must be displayed at all times.

"Security plan" means a document developed by Operators to ensure the safety and security of people and property at the Airport.

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

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"Self fueling" means the fueling of an aircraft by the Owner of the Aircraft, or the Owner's Employee, using the Owner's Equipment.

"SPCC plan" means a Spill Prevention, Control, and Countermeasures Plan, as may be adopted from time to time.

"Specialized aviation service operator" or "SASO" means a Commercial Operator that provides any one or a combination of the following Activities: Aircraft Maintenance, avionics or instrument maintenance, Aircraft rental or flight training, Aircraft charter or Aircraft management, Aircraft sales, and other Commercial Aeronautical Activities.

"Standard operating procedures or "SOP" means written instructions, which describe procedures designed to work toward maintaining an environment.

"Sterile area" means the area in the Terminal Building beyond the security screening checkpoint(s).

"Storm water pollution prevention plan" or "SWPPP" means the Storm Water Pollution Prevention Plan for the Palm Springs International Airport.

"Sublease" means an Agreement entered into by an entity with an Operator or Lessee that transfers rights or interests in the Operator's or Lessee's Leased Premises and is enforceable by law.

"Sublessee" means an entity that has entered into a sublease with an Operator or Lessee who is authorized to engage in Commercial Aeronautical Activities at the Airport.

"Support agency" means an agency providing Aircraft Fueling, Aircraft Maintenance services and/or Aircraft ground-handling services.

"Taxi" means a Vehicle authorized to operate by the Sunline Transit Agency that is used in a business or concession located off Airport property for the transportation of passengers, baggage, or parcels.

"Taxilane" means the portion of the Aircraft parking area used for access between Taxiways and Aprons and not under ATC control.

"Taxiway" means a defined path, usually paved, over which Aircraft can Taxi from one part of an Airport to another (excluding the runway) and is under ATC control.

"Tiedown" means an area paved or unpaved suitable for parking and mooring of Aircraft wherein suitable Tiedown points and equipment (to facilitate Aircraft Tiedown) are located.

"Through the fence" means the right, by Agreement, to have direct access to the Airport from private property located contiguous to the Airport. Through the fence Operators, while being located off Airport property, have access to the Airport's runway and Taxiway system.

"TNC driver" means a Participating Driver, as defined in Cal Pub. Util. Code 5431(d), providing TNC services under the authority of an approved TNC Permit issued under Chapter 16.37 of this Code.

"TNC mobile app" means a TNC's online enabled application to connect passengers with TNC's approved TNC Drivers.

"TNC pick-up area" means one or more areas of the Airport designated by the Director where a TNC Driver may pick-up a passenger or passengers pursuant to a Waybill.

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"TNC staging area" means one or more areas designated by the Director of Aviation where unassigned TNC Drivers may stage for an Airport passenger pick-up assignment from the TNC Mobile App.

"Tower" means the control facility established and operated by the FAA, including the authority exercised by the FAA for the control of Aircraft and motor vehicle traffic on the Airfield area of the Airport and in the airspace above, and within the Airport traffic area.

"Trade dress" means a symbol, sign, or other marking that makes a TNC Driver's vehicle readily identifiable as a vehicle driven by a TNC Driver.

"Transient aircraft" means any Aircraft utilizing the Airport for occasional transient purposes and is not based at Airport.

"Transportation Network Company" or "TNC" means an organization whether a corporation, partnership, sole proprietor, or other form, operating in California that provides prearranged transportation services for compensation using an online-enabled application or platform to connect passengers using their personal vehicles ("TNC Services") and which has a current permit from the California Public Utilities Commission to operate as a TNC in California.

"Transportation Security Administration" or "TSA" means the U.S. Federal Agency established in 2001 to safeguard United States transportation systems and ensure secure air travel.

"Turbojet aircraft" means an Aircraft that utilizes one or more jet engines that have a turbine driven compressor and develop thrust from the exhaust of hot gases.

"Turboprop aircraft" means an Aircraft that utilizes a gas turbine engine to drive a set of reduction gears, which, in turn, drives a propeller for propulsion.

"Vehicle" means any device that is capable of moving itself, or being moved, from place to place upon wheels; but does not include any device designed to be moved by human muscular power or designed to move primarily through the air.

"Vehicle operator" means any person who is in actual physical control of a Vehicle.

"Waybill" means electronic evidence of prearranged transportation services in the possession of a TNC Driver that shows the name of a party to be transported and the pickup location for each ride.

(Ord. 1693 § 2, 2006; Ord. 1708 § 2, 2007; Ord. 1754 §1, 2008; Ord. 1906 § 1, 2016)

• (a) The Palm Springs International Airport (Airport) is owned and operated by the City and governed by and through the Palm Springs city council. The authority to grant the occupancy and Commercial use or development of Airport land or Improvements, the right to engage in any Commercial Activity or Aeronautical Activity at the Airport, and to approve, adopt, amend, or supplement any Agreement or Permit, policy, or practice relating thereto, including this title, is expressly reserved to the City.

• (b) Airport Commission. The responsibilities of the Airport commission shall be as provided in Chapter 2.16 of the Palm Springs Municipal Code.

• (c) Director of Aviation. The Director of Aviation is responsible for the operation, management, maintenance, and security of the Airport and all Airport owned and operated

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

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land, Improvements, facilities, Vehicles, and equipment. The City has authorized and directed the Director of Aviation to:

• (1) Interpret, administer, and enforce Agreements, Permits, and these title and to permit, where appropriate, temporary, short term occupancy or use of certain Airport land or Improvements; and

• (2) Obtain and receive copies of all licenses, Permits, certifications, ratings, Certificates of Insurance, and other documents required to be provided to or filed with the City under this title.

• (Ord. 1693 § 2, 2006)

• (a) All entities occupying or using, engaging in an Aeronautical Activity on, or developing Airport land or Improvements shall comply, at the entity's sole cost and expense, with all applicable Regulatory Measures including, without limitation, those of the federal, state, and local government and any other Agency having jurisdiction over the Airport, the businesses operating at the Airport, and the activities occurring at the Airport including, but not limited to, the United States Department of Transportation, the United States Department of Homeland Security, the State of California, the County of Riverside, the City of Palm Springs, and this title; all as may be in effect and amended from time to time.

• (b) No existing or future Agreement or Permit, nor any payment or performance required thereunder, shall excuse any entity from full and complete compliance with this title.

• (c) Compliance with the title shall not excuse any entity from full and complete compliance with any responsibility or obligation the entity may have to the City under any existing or future Agreement or Permit.

• (Ord. 1693 § 2, 2006)

• (a) If a provision of this title is found to be in conflict with any other provision of this title, a provision of any Regulatory Measure, or a provision of an existing Agreement or Permit (if provided for in the Agreement or Permit) or future Agreement or Permit, the provision that establishes the higher or stricter standard shall prevail.

• (b) It is not the intent of this title to repeal, abrogate, annul, or in any way impair or interfere with any existing provision of any Regulatory Measure except those specifically repealed by this title.

• (Ord. 1693 § 2, 2006)

All Airport leasing policies, rates and charges policies, minimum standards, rules and regulations, and development guidelines previously enacted and any other City ordinance or resolution in conflict with this title are repealed to the extent of the conflict. (Ord. 1693 § 2, 2006)

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City of Palm Springs, CA § 16.02.040

PALM SPRINGS CODE

§ 16.02.065

The Director of Aviation shall designate specific areas of the Airport in which Aeronautical Activities may be conducted. Such designation shall be consistent with the Master Plan, Airport Layout Plan, and all applicable land use plans and policies of the City. (Ord. 1693 § 2, 2006)

• (a) This title will not exercise or grant any right or privilege which operates to prevent any entity operating Aircraft on the Airport from performing any services on its own Aircraft with its own Employees (including, but not limited to, maintenance, repair, and fueling) that it may choose to perform.

• (1) However, individual Operators may restrict the use of their exclusive Leased Premises and each Aircraft Operator must adhere to all applicable Regulatory Measures in the performance of any services on its own Aircraft.

• (Ord. 1693 § 2, 2006)

"Through the Fence" Activities are prohibited at the Airport. (Ord. 1693 § 2, 2006)

• (a) Entities shall have the responsibility to pay any fine or penalty levied against entity, the Airport, or the City, individually or collectively, and their representatives, officers, officials, employees, agents, and volunteers as a result of entity's failure to comply with any applicable Regulatory Measure.

• (b) If the fine or penalty is contestable and contested by the entity, entity shall pay the fine or penalty when upheld by the Agency having jurisdiction.

• (Ord. 1693 § 2, 2006)

This title are subject and subordinate to the provisions of any existing or future Agreements between the City and the State of California or the United States pertaining to the operation, management, planning, and development of the Airport and are specifically subordinated to, and to be construed as in accordance with, the Airport Assurances. (Ord. 1693 § 2, 2006)

Any notice, request for approval, application, or other filing required or permitted to be given or filed with the City and any notice or communication required or permitted to be given or filed with any Lessee, prospective Lessee, Sublessee, prospective Sublessee, Operator, or prospective Operator pursuant to this title shall be in writing, signed by the party giving such notice, and shall be sent by overnight courier, United States certified mail, facsimile (confirmed by dated return signature), email (confirmed by return email), or in person (confirmed with dated and signed receipt), and shall be deemed to have been given when delivered to the City, Lessee, Sublessee,

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

§ 16.02.065

§ 16.02.075

or Operator at their principal place of business or such other address as may have been provided to the City.

(Ord. 1693 § 2, 2006)

• (a) This title shall be deemed an amendment of, and shall supersede all previous Regulatory Measures adopted by the City pertaining to the occupancy or use of, engaging in an Aeronautical Activity, or developing Airport land or Improvements.

• (b) The Director of Aviation may issue special rules, regulations, notices, memoranda, directives, covenants, restrictions, or conditions from time to time as is deemed appropriate or necessary, consistent with the provisions of the Palm Springs Municipal Code and the title.

• (c) The Director of Aviation shall provide for public notification of pending amendments to this title in order to provide the opportunity for public comment and input by Operators, Lessees, Sublessees, consumers, users, and the community.

• (Ord. 1693 § 2, 2006)

• (a) The Director of Aviation has the right, but is not obligated, to approve variances or exemptions to this title when a specific clause, section, or provision of this title may not be justified in a particular case because of special conditions or unique circumstances.

• (b) Prior to approving or denying variances or exemptions, the Director of Aviation shall conduct a fair, reasonable, and not unjustly discriminatory review of all relevant information to include those items described in Section 16.02.090 of these General Provisions as well as any other information requested by the Director of Aviation.

• (c) Approval or denial by the Director of Aviation of a variance or exemption shall be reasonable and consistent with prior decisions involving similar situations at the Airport (if any) and shall be provided in writing within ninety days from the receipt of the written request.

  • (1) If approved, the variance or exemption shall be for no longer than one year and shall only apply to the special conditions or unique circumstances of the particular case for which the variance or exemption is granted.

  • (2) An approval by the Director of Aviation of a variance or exemption shall not serve to amend, modify, or alter this title.

  • (3) Requests for variance or exemption can also be denied in accordance with Section 16.02.090 of this chapter.

• (d) When a specific product, service, or facility is not currently being provided at the Airport, the City may enter into an Agreement or Permit with an FBO or SASO with terms and conditions that may be less than those outlined in this title (e.g., reduced rents, lower minimum standards, etc.), only for a limited period of time (i.e., pioneering period). The duration of the pioneering period shall be specified in the Agreement or Permit and shall not be longer than one year.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 16.02.075

§ 16.02.080

• (e) Requests for variance or exemption shall be submitted in writing to the Director of Aviation and must state definitively the Primary Guiding Document and the exact clause(s), section(s), or provision(s) for which the variance or exemption is being sought, describe the proposed variance or exemption, state the reason or rationale for the proposed variance or exemption, identify potential and/or anticipated impacts on the Airport, other entities (including Operators and tenants) at the Airport, and the community, and identify the duration of the proposed variance or exemption.

(1) Each variance or exemption shall be requested for and approved or denied separately. (Ord. 1693 § 2, 2006)

• (a) The Director of Aviation shall be responsible for enforcement of this title.

• (b) Any entity who violates, disobeys, omits, neglects, or refuses to comply with this title or any lawful order issued pursuant thereto may be cited, removed from the Airport, denied the use of the Airport, and/or prevented from engaging in Activities at the Airport and shall be subject to all legal, equitable, statutory, and common law rights and remedies available to the City including, but not limited to, actions for declaratory relief, injunctive relief, specific performance, and damages.

• (c) Any violation of the title shall constitute a public nuisance and any entity failing to comply with or knowingly and/or willingly violates any provision of this title shall be guilty of a misdemeanor or infraction in accordance with Sections 1.01.140 or 1.01.150 of the Palm Springs Municipal Code and any such violation shall be subject to penalties as provided in Sections 1.01.155 or 1.01.160 of the Palm Springs Municipal Code. In addition to the above remedies, the Director may issue administrative citations pursuant to the provisions of Chapter 1.06 of the Palm Springs Municipal Code.

• (d) In the event an entity fails to comply with this title, the Director of Aviation shall send a written statement of violation to such entity at its last known address. The entity shall have ten days within which to provide a statement to the Director of Aviation explaining why the violation occurred and to advise the Director of Aviation that the violation has been corrected. The Director of Aviation, in his or her own discretion, has the right to revoke the entity's privileges at the Airport or may suspend the operations for such period of time as is deemed necessary in order to obtain a correction of the violation. In addition, any such violations shall be considered anytime the entity submits an application, seeks permission, or requests approval (as required under the title) from the City. The entity shall pay for any costs incurred by the City, including but not limited to attorney fees, under this subsection.

• (e) Violation of the title may also or alternatively result in revocation of Apron access or use privileges, termination of any Agreement or Permit, denial of use of the Airport, and/or prosecution under the applicable Regulatory Measure.

• (f) Any person denied use of the Airport due to a violation of this title may only use the Airport for the purpose of enplaning or deplaning (as a passenger) Aircraft using the Airport.

• (g) The Airport Fire Department is authorized to enforce all fire and Hazardous Materials related Regulatory Measures.

• (h) The Police Department is authorized to enforce all Regulatory Measures within their

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

§ 16.02.080

§ 16.02.085

jurisdiction.

• (i) Unless otherwise specified in the title, parties aggrieved by a decision of the Director of Aviation may appeal (in writing) such decision to the Palm Springs city council within ten days after such decision is issued. The decision of the Palm Springs city council on such appeal shall be final.

• (Ord. 1693 § 2, 2006)

• (a) In addition to the following rights and privileges, the City reserves the rights and privileges outlined under federal and/or state Airport Assurances as such rights and privileges may be amended from time to time.

  • (1) The City reserves and retains the right for the use of the Airport by others who may desire to use the same pursuant to all applicable Regulatory Measures pertaining to such use.

  • (2) The City further reserves the right to designate specific Airport areas for Activities in accordance with the currently adopted Airport Layout Plan (ALP), Airport Master Plan, or land use plan, as may be amended from time to time. Such designation shall give consideration to the nature and extent of current and/or future Activities and the land and/or Improvements that may be available and/or used for specific Activities and shall be consistent with the safe, orderly, and efficient use of the Airport.

  • (3) The ALP reflects an agreement with the FAA regarding the proposed allocation of Airport land and/or Improvements to specific uses and/or development. It is the policy of the City that any use, occupancy, construction, or modification of land and/or Improvements that is inconsistent with the ALP is undesirable. Any development that is substantially different than that depicted on the ALP could adversely affect the safe, orderly, or efficient use of the Airport. While the City may consider making application to the FAA for approval of the revision of the ALP on behalf of a prospective Operator, nothing contained in this title shall require or obligate the City to make such application.

  • (4) The City reserves the right to develop and make any Improvements and/or repairs at (or to) the Airport that it deems necessary. The City will provide advance notice of the date and time that such development, Improvements, and/or repairs will be made. The City shall not be obligated to reimburse or compensate any Operator, Sublessee, or other entity for any expense incurred or loss of revenue (or inconvenience) that may result from such development, Improvement, and/or repair.

  • (5) The City reserves the right to prohibit any entity from using the Airport or engaging in Activities at the Airport (and/or revoke or suspend any privileges granted to any entity) upon determination by the City that such Operator has not complied with this title, applicable Regulatory Measures, directives issued by the City, or has otherwise jeopardized the safety or security of entities utilizing the Airport or the land and/or Improvements located at the Airport.

  • (6) The City reserves the right to lease the Airport or portions thereof during war or national emergency to the United States government for military use. If such lease is executed, the provisions of such lease including, without limitation, the City's

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City of Palm Springs, CA § 16.02.085

PALM SPRINGS CODE

§ 16.02.090

obligations and the Operators obligations, to the extent they are inconsistent with said lease, shall be suspended.

• (7) The City will not enter into an Agreement or Permit that will require the City to relinquish the right to take any action the City considers necessary to protect the aerial approaches of the Airport against obstruction or to prevent an entity from erecting or permitting to be erected any facility or other structure which might limit the usefulness of the Airport or constitute a hazard to Aircraft.

  • (8) The City will not enter into an Agreement or Permit that requires the City to waive any sovereign, governmental, or other immunity to which the City may be entitled nor shall any provision of any Agreement or Permit be so construed or that would require the City to submit to the laws of any state other than those of the State of California.

  • (9) The City is under no obligation to provide financing and/or make any Improvements to Airport land and/or Improvements to facilitate any development proposed by a prospective Operator.

  • (10) While the City may choose to pursue federal, state, or other available funds to contribute to the development, the City is under no obligation to do so. In addition, the City is under no obligation to provide matching funds if required to secure such funding.

  • (11) The City reserves the right to take such actions as it may deem necessary, appropriate, and/or in the best interest of the City to preserve the assets of the City, protect the safety and security of the people who work at and use the Airport, and maintain the integrity of the City's mission (purpose), vision, and values.

• (Ord. 1693 § 2, 2006)

• (a) The Director of Aviation may reject any proposal (including requests for variances or exemptions) or any application for any one or more of the following reasons:

  • (1) The entity, for any reason, does not fully meet the qualifications, standards, and requirements established by the City. The burden of proof shall be on the entity and the standard of proof shall be by clear and convincing evidence.

  • (2) The entity's proposed Activities and/or Improvements will create a safety or security hazard at or on the Airport.

  • (3) The City would be required to expend funds and/or supply labor and/or materials in connection with the proposed Activities and/or Improvements that the City is unwilling and/or unable to spend and/or will result in a financial loss or hardship to the City or the Airport.

  • (4) No appropriate, adequate, or available land and/or Improvement exists at the Airport to accommodate the proposed Activity of the entity (at the time the proposal or application are submitted), nor is such availability contemplated within a reasonable time frame.

  • (5) The proposed Activities and/or Improvements do not comply with the Master Plan of

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City of Palm Springs, CA § 16.02.090

PALM SPRINGS INTERNATIONAL AIRPORT

§ 16.02.095

the Airport, the ALP, or the land use plan then in effect or anticipated to be in effect within the time frame proposed by the entity.

• (6) The development or use of the land requested by the entity will result in a congestion of Aircraft and/or the Improvements will, in the sole discretion of the Director of Aviation, unduly interfere with Activities of any existing Operator on the Airport and/ or prevent adequate access to the Leased Premises of any existing Operator.

• (7) The entity has intentionally or unintentionally misrepresented or omitted material fact in the proposal, on the application, and/or in supporting documentation.

• (8) The entity has failed to make full disclosure in the proposal, on the application, and/ or in supporting documentation.

• (9) The entity or an officer, director, agent, representative, shareholder, or employee of the entity has a record of violating the Regulatory Measures of the City (or any other Airport sponsor), the FAA, or any other Regulatory Measure applicable to the Airport and/or the entity's proposed Activity.

• (10) The entity or an officer, director, agent, representative, shareholder, or Employee of the entity has defaulted in the performance of any Agreement, Permit, or Sublease at the Airport or at any other airport.

• (11) The entity does not exhibit adequate financial responsibility or capability to undertake and sustain the proposed Activity.

• (12) The entity cannot provide a performance bond or applicable insurance in the type and amounts required by the City for the proposed Activity.

• (13) The entity or an officer or director of Applicant has been convicted of a felony.

• (14) The entity's proposed Activity has been or could be detrimental to the Airport.

• (15) The entity seeks terms and conditions which are inconsistent with City's policies or any request for proposal (or any other invitation for proposals) issued by the City.

  • (16) The entity's interests and/or the proposed Activity or use is inconsistent with the Airport's mission (purpose), vision, values, goals, or objectives; the best interest of the City; or, any grant assurances.

• (Ord. 1693 § 2, 2006)

Any person or entity aggrieved by a finding, determination, notice, action or failure to act taken under the provisions of this Title may appeal such finding, determination, notice, action or failure pursuant to the appeal process specified in Chapter 11.72 of this Code. (Ord. 1754 § 2, 2008)

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City of Palm Springs, CA

PALM SPRINGS INTERNATIONAL AIRPORT

§ 16.04.005

§ 16.04.005