Porterville Municipal Code Art. VII Fixed Base Operators

This article applies to any person or entity who provides aviation support services to the flying public. (Ord. 1652 § B, 4-20-2004)

Fixed base operator (FBO) means any person who rents, leases or owns facilities located in an area designated for FBOs at the Porterville municipal airport, who, by virtue of his specific type of aviation (or aviation related) activity, requires the occupancy of a site with contiguous aircraft apron and direct access to the aircraft operation area, and who engages in a business activity providing aviation sales or services, including, but not limited to, any of the following:

A. Selling and/or servicing new and used aircraft and component parts.

B. Aircraft maintenance and repairs.

C. Sales and/or repair of avionics.

D. Aviation training (including ground or flight instruction).

E. Aerial photography.

F. Air ambulance service.

G. Aircraft agricultural operations (crop dusting, spraying, or the application of seed, fertilizers, pesticides, defoliants, etc.).

H. Aircraft rental, charter, and leasing.

I. Hangar rentals in support of FBOs. (Ord. 1652 § B, 4-20-2004)

No employee or representative of any FBO or lessee shall be authorized or assumed to be authorized to act as an agent for or on behalf of the city in matters of airport operation or policy. (Ord. 1652 § B, 4-20-2004)

Lessee shall not sublet the premises, or any part thereof or assign, transfer, mortgage, or otherwise convey this agreement without the prior written consent of the city. Any consent by the city to any sublease, assignment, transfer, mortgage, or conveyance shall not be deemed or constructed as a consent to any other different or subsequent sublease, assignment, transfer, mortgage, or conveyance. (Ord. 1652 § B, 4-20-2004)

Storage of items, in addition to aircraft storage, within the hangar shall conform to all local fire and safety codes and the provisions of these regulations. (Ord. 1652 § B, 4-20-2004)

Vehicles belonging to the hangar or aircraft owner and guests may be stored in the hangar for short durations of time. The storage of any motor vehicle within a hangar shall conform to applicable fire and safety codes. (Ord. 1652 § B, 4-20-2004)

No vehicle shall be parked or left unattended in any aircraft operating area or in a manner which limits aircraft operation. Vehicles may be stopped in such areas for short periods of time so long as the owner is readily available to move the vehicles should the needs of aircraft traffic so dictate. (Ord. 1652 § B, 4-20-2004)

No aircraft engine shall be run while inside any hangar. Aircraft shall be moved from the hangar to a safe position as provided in section 4-3.05 of this chapter for run up, or at least outside of the hangar for low power engine runs. (Ord. 1652 § B, 4-20-2004)

No residential occupancy or use shall be allowed in an aircraft storage hangar or elsewhere on the airport unless specifically authorized by city. (Ord. 1652 § B, 4-20-2004)

City may inspect each hangar annually, and more often if deemed necessary to determine compliance. (Ord. 1652 § B, 4-20-2004)

All occupants of aircraft hangars shall comply with this article, as well as all principles of fire safety. All persons shall exercise the utmost care to guard against any threat of fire or injury to persons and property on the airport. All occupancies shall comply with applicable provisions of city regulations. (Ord. 1652 § B, 4-20-2004)

With the death of a lessee, a lease may be transferred to an heir by inheritance of the aircraft. (Ord. 1652 § B, 4-20-2004)

A. Delinquent Accounts: Rules and regulations prescribing penalties and procedures relating to delinquent accounts of the airport are as follows:

For the purpose of these rules and regulations every airport lease shall become due and payable on the first day of the calendar month during which the agreement became effective. It shall remain due and owing to the city together with all penalties thereon as herein prescribed, until paid in full, unless otherwise expressly provided by terms of such lease.

1. For the purpose of these rules and regulations, all such accounts shall be classified as delinquent when not paid in full by the tenth of the calendar month in which said accounts shall become due, unless otherwise expressly provided by the agreement.

2. Leases delinquent for thirty (30) days, or on the tenth day of the month succeeding the date of the account initially became due, will be subject to the following procedure:

a. A penalty of ten percent (10%) of the sum will be added to the original amount due.

b. A due bill will be prepared clearly setting forth the sum and the basic amount. The bill will designate the amount of the penalty, and will be sent to the delinquent party by registered mail accompanied by a letter of termination of lease; said termination to be effective on the forty fifth day of delinquency, which will be fifty five (55) days succeeding the date the account first became due.

3. Upon termination of any agreement, by the foregoing procedure, the former lessee shall at once relinquish and vacate any and all premises of the airport and shall return any and all lands, building or properties if owned by the city to the control of the city, and the lessee shall have no further right, title, estate or interest in said airport. Personal property shall be removed upon termination of the lease. Hangar(s) will be removed within ninety (90) days during which the hangar owner will be responsible for the lease payment.

4. The provisions of these rules and regulations, when carried to termination, shall in no way mitigate, modify or cancel any lessee indebtedness to the city and any delinquent account shall be subject to any and all methods of collection determined appropriate by the city.

5. Reinstatement of a lease terminated by the foregoing procedure may be accomplished only by complete payment of any and all indebtedness, including penalties, and by instituting a successful request for such consideration by the airport manager. Reinstatement action described herein shall be subject to an administrative charge payable by said applicant in advance.

6. The provisions of these rules shall be deemed a part of each and every agreement or permit now in effect and heretofore issued to any lessee of any portion of the airport, or which may be hereafter issued to any party. (Ord. 1652 § B, 4-20-2004)

The lessee will be given a notice of infraction if he violates the provisions of these rules or other applicable rules, ordinances, resolutions or regulations. Within thirty (30) days the lessee may exercise the appeal process in article XIII of this chapter. (Ord. 1652 § B, 4-20-2004)