Sacramento County Municipal Code Ch. 11.24 Airport Security Costs

The County operates an air carrier airport served by air carriers required to file security plans under Federal Aviation Regulations, Section 121.538 (14 C.F.R., Part 121, Sec. 121.538). Pursuant to Federal Aviation Regulations, Section 107.4 (14 C.F.R., Part 107, Sec. 107.4), it is necessary that the County provide an armed, uniformed law enforcement officer at each boarding operation of each carrier required to file such plans. These requirements are a result of increased efforts on the part of the United States Government to curb aircraft hijacking. Such efforts are of direct and proportionate benefit to all air carriers using the Sacramento Metropolitan Airport. The cost to the County of providing the additionally required security measures is extensive. The Sacramento Metropolitan Airport serves the population and communities of the twenty-two northern counties of California, so the burden of the added security charges should not be imposed upon the property tax payers of Sacramento County alone. Such charges have been determined by the Civil Aeronautics Board and the California Public Utilities Commission to be ordinary operating costs of the air carriers. The costs are clearly identifiable and attributable to all air carriers for the benefit of all users of the air carriers. Therefore, in order to eliminate the necessity of financing the additional security requirements by increasing property taxation, it is necessary that the County be paid its costs of providing such security at the Sacramento Metropolitan Airport by the using air carriers.

(SCC 237 § 1, 1975)

Except where the context otherwise requires, the definitions given in this section govern the construction of this chapter:

1. "Enplaned revenue passenger" means any individual boarding an air carrier aircraft at the Sacramento Metropolitan Airport and who pays consideration for the ensuing flight.

2. "Air carrier" means every interstate and intrastate common carrier of passengers for hire by aircraft required to file a security plan under Federal Aviation Regulations, Section 121.538. (14 C.F.R., Part 121, Sec. 121.538)

3. "107 security costs" means the costs to the County of complying with the provisions of Federal Aviation Regulations, Section 107.4. (14 C.F.R., Part 107, Sec. 107.4)

4. "Security charge" means the charge imposed on air carriers to pay the County for its 107 security costs.

(SCC 237 § 1, 1975)

In consideration of the security provided at the airport, each air carrier at the airport shall pay a security charge as determined by this chapter. Such security charge shall be owed by the air carrier to the County and the debt thereby created shall be extinguished only by payment to the County. The air carrier shall pay the security charge at the time specified in this chapter, at which time said charge is due.

In the event any security charge is not paid when due, the County may sue in a court of competent jurisdiction to recover said amount, together with costs and interest.

(SCC 237 § 1, 1975)

The County shall accumulate separately its 107 security costs in accordance with standard and accepted government budgeting procedures. Such costs shall include full salary and associated payroll expense of the County for personnel assigned to and performing guard service in compliance with said Section 107.4 and performing supervisory and clerical duties at the airport related to such guard service, the cost of equipment and space necessary for such guard service, and an overhead of five percent of the total of all such amounts. As of December 8, 1975, the required personnel set forth above consist of one inspector, Sheriff's Department; three sergeants, Sheriff's Department; 13 deputy sheriffs and one clerk-typist. Such staffing may be changed from time to time as deemed necessary by the County.

(SCC 237 § 1, 1975)

The 107 security costs shall be prorated among the air carriers based on the sum of the following allocation: 75% of the total 107 security costs per month shall be prorated to the air carriers based upon the individual air carriers share of enplaned revenue passengers for the month involved to the total enplaned revenue passengers of all air carriers during the month; and 25% of the total 107 security costs per month shall be prorated to the air carriers based upon the individual air carrier's share of scheduled flights for the month involved to the total scheduled flights of all air carriers during the month.

(SCC 237 § 1, 1975)

The Director shall submit to each air carrier as soon as practicable after the end of each calendar month invoices showing the total 107 security costs, total enplaned revenue passengers and total scheduled flights for said month, and the amount of money due to County on account of such air carrier's activities.

(SCC 237 § 1, 1975)

The sum of money specified in the invoice pursuant to Section 11.24.060 shall be due 15 days after the date of the invoice, and each air carrier shall pay when due at the office of the Director its debt so created.

(SCC 237 § 1, 1975)

On or before the 10th day of each month, each air carrier shall furnish to the Director, on a form specified by the Director, a report of the number of revenue passengers enplaned by the air carrier and number of scheduled flights at the airport during the preceding calendar month.

(SCC 237 § 1, 1975)

Any air carrier who fails to remit any charges imposed by this chapter within the time required shall pay a penalty of five percent of the amount due and payable in addition to the amount of the charge due and payable.

(SCC 237 § 1, 1975)

Any air carrier aggrieved by any decision of the Director with respect to the amount of such charges, interest and penalties, if any, may appeal to the Board of Supervisors by filing a notice of appeal with the Clerk of the Board of Supervisors within fifteen days of the serving or mailing of the determination of amounts due. The Board of Supervisors shall fix a time and place for hearing such appeal, and the Clerk of the Board of Supervisors shall give notice in writing to the air carrier at his or her last known place of address. The findings of the Board of Supervisors shall be final and conclusive and shall be served upon the air carrier in the manner prescribed above for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of notice thereof.

(SCC 237 § 1, 1975)

It shall be the duty of every air carrier liable for the payment to the County of any charge imposed by this chapter to keep and preserve for a period of three years all records as may be necessary to determine the amount of such charge, the payment of which he may have been liable for, which records the Director shall have the right to inspect at all reasonable times.

(SCC 237 § 1, 1975)

This chapter shall be effective for a period of one year only; and one year after December 8, 1975, this chapter shall cease to be of any force or effect.

(SCC 237 § 1, 1975)