Petaluma Municipal Code Ch. 16.04 General Provisions and Definitions

DeKnitions as provided by the Federal Aviation Administration through Title 14 of the Federal Code of Regulations

(see Part 1 et al.) and other material, including advisory circulars, orders, and policy statements, as they shall be

amended from time to time, shall supersede any of the following. For convenience, as used in this title, unless the

context clearly indicates otherwise, the following deKnitions shall apply:

A. "Aeronautical activity" means any activity or service that involves, makes possible, or is required for the

operation of aircraft or that contributes to or is required for the safety of such operations. See FAA Order 5190.6B

or its revisions for the current FAA-accepted deKnition.

B. "Aircraft" means a device that is used or intended to be used for Light in the air.

C. "Aircraft accident" means an occurrence associated with the operation of an aircraft which takes place

between the time any person boards the aircraft with the intention of Light and the time all such persons have

disembarked, and in which any person suNers death or serious injury, or in which the aircraft receives substantial

damage. For purposes of this title, the deKnition of "aircraft accident" includes "unmanned aircraft accident," as

deKned in 49 CFR Part 830.2.

D. "Aircraft movement area" means the runways, taxiways, and other areas of the airport utilized for taxiing,

hover taxiing, air taxiing, and takeoN or landing of aircraft, exclusive of loading ramps, maintenance ramps and

parking areas.

E. "Airport" means the Petaluma Municipal Airport.

F. "Airport commission" is deKned in Chapter 2.60.

G. "Airport manager" means the city manager of Petaluma or their duly authorized designee.

H. "Airport operations area" means that portion of the airport designated and used for landing, taking oN, or

surface maneuvering of aircraft.

I. "Based aircraft" means any aircraft assigned a reserved parking space, tie-down, or hangar space at the

airport, whether or not such assignment is made under written lease with the city of Petaluma.

J. "City" means the city of Petaluma, California.

K. "Code" or "this code" shall mean the Petaluma Municipal Code.

L. "Commercial activity" means any activity conducted at the airport for the purpose of obtaining revenue,

earnings, income, and/or compensation of any kind, including the exchange of goods or services for goods or

services (barter), whether or not such objective is accomplished.

M. "Commercial operator" means any person or entity that imposes a charge for compensation in exchange for

performing a commercial activity.

N. "Council" means the city council of the city of Petaluma, California.

O. "FAA" means the Federal Aviation Administration of the United States of America, as deKned in the Federal

Aviation Act of 1958, or any subsequent and successor to that agency created for the control and operation of

aviation and its related functions.

P. "Federal Aviation Regulations" or "FARs" means Title 14 of the Code of Federal Regulations.

Q. "Fire marshal" means the Kre marshal of the city of Petaluma or their designee.

R. "Owner" means the registered or legal owner of an aircraft according to the records of the Federal Aviation

Administration or vehicle according to the records of the Department of Motor Vehicles.

S. "Person" means individuals, Krms, companies, corporations, public agencies, and any other person as deKned

in Section 1.04.010(M).

T. "Public hangars" mean those hangars that are owned by the airport and leased to individual users while

"private hangars" are those hangars owned by parties other than the airport.

U. "Restricted area" means any portion of any airport not intended for use by the general public and so posted

by the city.

V. "Rules and regulations" means the provisions of this title, Title 16, of the Petaluma Municipal Code contained

herein.

W. "Title 16" refers to the provisions of this title, Title 16, of the Petaluma Municipal Code.

X. "Transient aircraft" refers to an aircraft using the airport that is not a based aircraft.

Y. "UAS" or "unmanned aircraft system" means an unmanned aircraft and the equipment necessary for the safe

and eMcient operation of that aircraft. An unmanned aircraft is deKned by statute as an aircraft that is operated

without the possibility of direct human intervention from within or on the aircraft (Public Law 112-95, Section

331(8)). Smaller UAS are commonly referred to as "drones."

Z. "Vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power

used on highways and includes, but is not limited to, automobiles, motorcycles, trucks, tractors, bicycles, buses,

and trailers.

(Ord. 2905 NCS §3, 2025.)

A. The Federal Aviation Act of 1958 authorizes the Administrator of the Federal Aviation Administration to

prescribe air traMc rules and regulations governing the Light of aircraft. The Federal Aviation Regulations

promulgated by the Administrator cover all Lights on or in the vicinity of the airport.

B. Aircraft operators, pilots, and other users of the airport are required to be familiar with and comply with the

Federal Aviation Regulations, and, in particular, Part 91, General Operating and Flight Rules, of said regulations.

C. All aeronautical activities at the airport and all Lying of aircraft departing from or arriving at said airport shall

be conducted in conformity with the Federal Aviation Regulations.

D. If a conLict is identiKed between this title or other rules and regulations and any applicable Federal

Regulation or US Code (e.g., 14 CFR and USC Title 49), or with any other applicable FAA guidance or requirements,

such other requirements will take precedence.

(Ord. 2905 NCS §3, 2025.)

A. The airport manager is empowered to oversee the operations of the airport and to apply and enforce the

rules and regulations contained in this title. The provisions of this title are supplemental to, and will be superseded

by, the Federal Aviation Regulations and apply speciKcally to the airport.

B. The airport manager shall represent the city at all times in regard to all airport matters and shall also have the

following duties and powers:

1. The airport manager shall at all times have authority to take such actions as may be deemed necessary

to safeguard the public in attendance at the airport. Every commercial operator, pilot, mechanic or other

person employed on or using the airport shall cooperate to enforce these rules and regulations and to see

that all persons upon the premises use care to prevent injury to persons or damage to property.

2. The airport manager may suspend or restrict any or all operations at the airport without regard to

weather conditions whenever such action is deemed necessary in the interest of safety.

3. The airport manager may suspend, as a means of safeguarding the airport and the public, the privileges

of the airport and its facilities to any person refusing to comply with these rules and regulations.

4. The airport manager shall have authority to restrict airport operations to such portion(s) of the airport as

they may deem necessary or desirable. Any part of the airport temporarily unsafe for aircraft operation which

is not available for any cause shall be clearly marked in accordance with recommendations of the FAA.

5. The airport manager may issue permits or written permission for use of the airport as authorized by this

title.

6. The airport manager is authorized in any contingency or emergency not speciKcally covered by these

rules and regulations to make such decisions as they may deem proper.

C. Any person aggrieved by a decision of the airport manager restricting or prohibiting use of the airport and its

facilities, or prohibiting or restricting airport operations, may appeal the airport manager’s decision to the airport

commission. A notice of appeal stating the grounds therefor shall be Kled with the city clerk.

(Ord. 2905 NCS §3, 2025.)

The airport commission, in addition to the permit and appeal responsibilities listed within this title, has duties as

deKned in Section 2.60.050. (Ord. 2905 NCS §3, 2025.)

All persons using the airport shall be subject to, and governed by, the rules and regulations contained in this title,

the minimum standards for aeronautical activity and services at the Petaluma Municipal Airport, and all other

applicable provisions of this code and resolutions, county ordinances and resolutions, state and federal laws, and

the Federal Aviation Administration Regulations. (Ord. 2905 NCS §3, 2025.)

Radio communications at the airport shall be conducted in accordance with the procedures and by means of the

phraseologies recommended by the FAA Aeronautical Information Manual (AIM) when operating an aircraft. (Ord.

2905 NCS §3, 2025.)

The airport shall be open for public use at all hours of the day and night, subject to these rules and regulations

and subject to the condition of the landing area, as may be determined by the airport manager. (Ord. 2905 NCS §3,

2025.)

No person shall obstruct, impair, or unreasonably interfere with the use of the airport by any other person, or

obstruct, impair, or unreasonably interfere with the passage and safe, orderly and eMcient use of the airport by

any other person, vehicle or aircraft. (Ord. 2905 NCS §3, 2025.)

No person shall enter any portion of the airport designated a restricted area unless authorized to do so by the

airport manager. (Ord. 2905 NCS §3, 2025.)

Animals at the airport are subject to the requirements of Chapter 9.08. Notwithstanding the requirements

enumerated therein, animals "at large" shall include an animal that is on the owned, leased or licensed airport

premises of its owner at any time that there is unrestricted access to the airport operations area, including

through open hangar or access door, and must be restrained by leash or conKned in such a manner as to be

under control. (Ord. 2905 NCS §3, 2025.)

The privilege of using the airport and its facilities shall be conditioned upon the assumption of full responsibility

and risk by the user thereof and such user shall release, hold harmless, and indemnify the city and its oMcers and

employees against claims arising from use of the airport. (Ord. 2905 NCS §3, 2025.)

Subject to applicable orders, certiKcates, or permits of the FAA or its successors, no person shall use the airport or

any portion thereof, or any of its improvements or facilities, for revenue-producing commercial activities without

compliance with the requirements of this title, and other provisions of this code. (Ord. 2905 NCS §3, 2025.)

A. No commercial activities, unless explicitly protected or allowed by FAA requirements, shall be conducted on

the airport without the operator thereof having a current contract/permit which has been approved by the city

council and a city business license.

1. Such contract/permit shall deKne the areas of airport land and facilities to be used by the tenant or

operator.

2. Such contract/permit shall stipulate services to be rendered and the operator may charge reasonable

fees for such services.

B. It shall be unlawful for any person not so authorized by contract/permit to engage in any commercial

activities, unless explicitly protected or allowed by FAA requirements, at the airport including the operation, service

or repair of aircraft on airport premises for hire.

(Ord. 2905 NCS §3, 2025.)

In addition to complying with National Transportation Safety Board (NTSB) and FAA reporting requirements, any

person involved in an incident at the airport which results in damage, injury, or theft to one or more persons or to

property shall promptly report such occurrences to the airport manager. See also 9 CFR Part 830. (Ord. 2905 NCS

§3, 2025.)

A. No person except peace oMcers, duly authorized government employees, members of the armed forces of

the United States, or other persons duly authorized by law to carry a Krearm or similar instrument in their

possession shall have any of the following in their possession on airport property: any Krearm, Kreworks, gun,

pistol, revolver, explosive of similar nature, air-gun, BB gun, pellet gun or any other instrument deKned in Section

10.56.020(A).

B. Exceptions. This prohibition shall not apply to persons possessing Lares or other aircraft survival equipment

nor to persons carrying Krearms in locked cases, broken down, and unloaded.

(Ord. 2905 NCS §3, 2025.)

No person shall dispose of garbage, papers, refuse or other material on the airport except in receptacles provided

for that purpose. (Ord. 2905 NCS §3, 2025.)

It shall be unlawful for any person to destroy, damage, or deface or cause to be destroyed, damaged, or defaced

any public property located at the airport. Any person causing or responsible for such destruction or damage shall

report such damage to the airport manager, and upon demand of the airport manager shall reimburse the airport

for the full amount of the damage. Any person failing to report and/or reimburse the airport for damage may be

refused the use of any facility until and unless said report and/or reimbursement is made. (Ord. 2905 NCS §3,

2025.)

A. No person shall take still, motion, or sound pictures for commercial purposes on the airport without

permission from the airport manager and in accordance with Chapter 13.40.

B. Exception. This section shall not apply to representatives of the press and other news services reporting on

persons or events which are on the news excepting that all such persons must obtain permission from the airport

manager prior to entrance onto any of the airport operations areas.

(Ord. 2905 NCS §3, 2025.)

No person shall sponsor or conduct club, association or other private gatherings on airport property except as

authorized in writing by the airport manager.

A. Notwithstanding the provisions of Title 13, Chapter 13.32, this section shall govern the issuance of permits for

activities speciKed in subsection B of this section including those activities on the airport which may incidentally

aNect traMc and parking on streets in the airport vicinity.

B. It shall be unlawful for any person to sponsor or conduct any of the following activities on the airport without

Krst obtaining a special activity permit from the airport manager:

1. Any public parade, rally, or demonstration.

2. Any public distribution or oNer for sale of pamphlets, circulars or other written materials for religious,

charitable, political or other non-commercial purposes.

3. The carrying, posting, or displaying of any signs or placards for religious, charitable, political or other

non-commercial purposes.

4. Solicitation of Contributions. For purposes of this section "contributions" means and includes the words

donations, money, alms, food, clothing, subscriptions, property, credit, Knancial assistance, or other thing of

value.

C. A veriKed application for a permit shall be Kled with the airport manager on a form provided by the airport

manager. The application shall set forth the following:

1. The name, address and telephone number of the person/organization conducting/sponsoring the

proposed special activity and the individual who will be in charge of the activity at the airport.

2. The nature/purpose of the activity.

3. The date(s), time(s) and location for the proposed activity.

4. The estimated number of persons who will participate in the activity.

5. Such other information the airport manager Knds reasonably necessary to determine whether to grant

the permit under this section.

D. The airport manager shall determine whether to issue or deny the permit within Kve business days of receipt

of a completed application. Any permit denial shall be in writing and shall specify the grounds therefor. The airport

manager shall issue a permit unless the airport manager determines from the application or other information

that:

1. The location or time of the proposed activity would conLict with a previously scheduled airport activity or

event.

2. The proposed activity would interfere with airport use or the safe and orderly movement of pedestrian,

vehicular, or aircraft traMc at the airport or on streets in the airport vicinity.

3. The proposed activity would be in violation of any applicable law as described in Section 16.04.040.

4. The location of the proposed special activity is not authorized pursuant to subsection E of this section.

5. Any of the grounds for permit denial speciKed in Section 13.32.080 exist.

E. Special events shall not be permitted in any of the following airport areas:

1. Any airport area designated a restricted area by the airport manager or which is otherwise not open to

the general public including but not limited to the aircraft apron area.

2. Any restroom.

3. Any airport area or facility for which a lease or permit has been granted to conduct commercial activities

in accordance with Section 16.04.120.

4. Any aircraft operating area. The airport manager may condition the issuance of a permit by imposing

reasonable requirements concerning the time, place, and manner of the activity and such requirements are

necessary to protect the safety of persons and property, normal operations of the airport, and compliance

with all applicable laws. Such permit conditions may include a requirement that the permittee indemnify the

city as speciKed in Section 13.32.120, pay cleanup deposits (when applicable) as speciKed in Section 13.32.140

and/or police traMc control fees (when applicable) as speciKed in Section 13.32.150. It shall be unlawful to

violate any of the terms or conditions of the permit.

F. Insurance shall be required for any special event involving thirty or more participants as speciKed in Section

The insurance requirements of Sections 13.32.130(A), (B), and (C) shall be waived by the airport

manager if the conditions speciKed in Section (D) are satisKed.

G. A special activity permit shall be issued for the date(s) requested in the application, or thirty days, whichever

is less.

H. The airport manager may impose conditions and restrictions on issuance of a permit including the deposit of

cleanup fees to ensure that the airport site will be cleaned and restored after the event. Such permit conditions

may include a requirement that the permittee assume liability for the event as speciKed in Section 16.04.100, and

that the permittee obtain a comprehensive general liability insurance policy in the amount and scope of coverage

prescribed by city council resolution.

I. A permit may be revoked or suspended by the airport manager for failure to comply with permit terms and

conditions or for any of the reasons speciKed for permit denial under subsection D of this section. Notice of the

grounds for permit revocation/suspension shall be personally served or served by mail on the permittee. The

permit applicant may appeal a permit denial, revocation, or condition to the city manager within seven days of the

date of personal service or posting in the mail of the notice thereof. The appeal shall be Kled with the city clerk

stating the grounds therefor. The city manager will issue a determination on the appeal no later than thirty days

from the date the appeal was received by the city clerk.

(Ord. 2905 NCS §3, 2025.)

A. The issuance of permits for events speciKed in subsection B of this section, including those events on the

airport which may incidentally aNect traMc and parking on streets in the airport vicinity, shall be governed by the

procedures and requirements set forth in Title 13, Chapter 13.32.

B. No person shall sponsor or conduct any of the following events on airport property without Krst obtaining a

permit from the airport manager with rights of appeal to the city council:

1. Any airshow or other special air event.

2. Any public exhibition, show, commercial demonstration, or similar event on airport property.

3. Any other special event on airport property.

C. In addition to the grounds for denial set forth in Section 13.32.080, the permit application may be denied for

any of the following grounds: The proposed activity would be in violation of any applicable law as described in

1. The event is not compatible with other airport uses or activities or is otherwise not in the best interests

   of the operation of the airport.

   2. A previous special activity permit issued under this section has been suspended and the period of

   suspension has not expired, or has been revoked within one year of the date of application.

D. In addition to the permit conditions that may be imposed pursuant to Title 13, Chapter 13.32, a permit issued

under this section is conditioned to require that the permittee assume liability for the event as speciKed in Section

16.04.100, and that the permittee obtain a comprehensive general liability insurance policy in the amount and

scope of coverage prescribed by city council resolution.

E. A permit may be revoked or suspended by the chief of police for failure to comply with permit terms and

conditions or for any of the reasons speciKed for permit denial under this section or Title 13, Chapter 13.32. Notice

of the grounds for permit revocation/suspension shall be personally served or served by mail on the permittee.

F. The permit applicant may appeal a permit denial, revocation, suspension or condition as provided by Section

13.32.100.

(Ord. 2905 NCS §3, 2025.)

A schedule of fees, rates, and charges for use of airport areas and facilities shall be established by resolution of

the city council. (Ord. 2905 NCS §3, 2025.)