Chapter 2 — GENERAL PROVISIONS

Sections:

11-1200 - HOURS FOR PUBLIC USE.

(a)

The Airfield shall be open for public aviation use twenty-four (24) hours of the day. The Airport Director may restrict use of the Airfield due to the conditions of the runway, inclement weather or other like causes in the interest of public safety.

(b)

The Airline Terminal located at 5000 South Airport Way shall be open for public use as needed to accommodate business tenants operating in the Airline Terminal. The Airport Director may restrict the use of the Airline Terminal in the interest of public safety.

(Ord. 4169 § 2 (part), 2002)

11-1201 - MINIMUM STANDARD REQUIREMENTS FOR AIRPORT AERONAUTICAL SERVICES.

The Board may adopt, by Resolution, Minimum Standard Requirements for Airport Aeronautical Services as recommended by the Federal Aviation Administration. Persons using the Airport shall abide by all such minimum standards, a copy of which is on file in the office of the Airport Director.

(Ord. 4169 § 2 (part), 2002)

11-1202 - RATES AND FEES.

Rates and fees charged by San Joaquin County for landing, Airline Terminal use and parking at the Airport shall be established from time to time by resolution of the Board of Supervisors.

(Ord. 4169 § 2 (part), 2002)

11-1203 - SOLICITING.

It is unlawful for any person to peddle or solicit upon the Airport the sale or lease, or take orders for sale or lease, at retail or wholesale, of goods, wares, merchandise, publications, or anything whatsoever, or for services, without the approval of the Airport Director and without complying with all applicable ordinances of the County.

(Ord. 4169 § 2 (part), 2002)

11-1204 - REQUIREMENTS FOR BUSINESS OR COMMERCIAL ACTIVITY.

(a)

Except as provided herein, no person shall engage in any business or commercial activity or provide any service on the Airport unless such person has a fixed place of business or a specific operating area assigned by the Airport Director on the Airport which is occupied by virtue of a lease, operating permit, license or rental agreement with San Joaquin County, approved by the Board of Supervisors.

(b)

No person shall engage in the sale or rental of any commodities, supplies or services or any business or commercial activity whatsoever within the limits of the Airport without a current lease, contract, license

agreement, or other written agreement with the County of San Joaquin, approved by the Board of Supervisors.

(c)

The Airport Director may only issue agreements on behalf of the County that are limited to one (1) year or less in length.

(d)

No person shall in the use of the Airport or any of the facilities located thereon discriminate or permit discrimination against any other person or group on the grounds of age, sex, race, color, creed or national origin in any manner prohibited by part 21 of the regulations of the Office of Secretary of Transportation and Title VI of the Civil Rights Act of 1964. In the event of noncompliance with the above provision, the Airport Director may take such action as the Federal Government may direct to enforce such compliance.

(e)

No person shall engage in any aeronautical activity for furnishing services to the public at the Airport unless:

(1)

Said service is conducted on a fair, equal and not unjustly discriminatory basis to all users thereof, and

(2)

Fair, reasonable and no unjust discriminatory prices are charged for each unit or service; provided that reasonable and non-discriminatory discounts, rebates or other similar types of price reductions may be made to volume purchasers.

(f)

Any person engaged in any business or commercial activity on the Airport shall carry public liability insurance covering all risks; also protecting the County of San Joaquin and the Airport. The amount of this coverage shall be established in the lease, contract, license agreement, or other written agreement with the County.

(g)

Any person engaging in any business or commercial activity on the Airport shall accept all financial responsibilities of its operation and hold the County, its agents and employees harmless of any liability incurred because of such operations.

(h)

Any person conducting a commercial activity on the Airport must provide to the Airport Director, upon request, information regarding the nature of the business, principals, and owners of the business, financing agreements for the business, financial statements, or other appropriate information needed to enter into or determine current status of a lease, contract, or license agreement, with the operator.

(i)

Any lessee or operator who shall be subject to this title who shall violate any of the provisions thereof after the date of the ordinance codified in this title, shall have its lease, contract, or license agreement cancelled and terminated at the discretion of and upon notice by the County. Lessees must have been given notice and time to cure in accordance with their respective leases.

(Ord. 4169 § 2 (part), 2002)

11-1205 - ADVERTISING.

No person shall post, distribute or display signs, commercial advertisements or circulars printed or written matter at the Airport without the prior approval of the Airport Director.

(Ord. 4169 § 2 (part), 2002)

11-1206 - PAYMENT OF BUSINESS TAX NOT APPROVAL.

The payment of a business tax or a building or sign permit by the County does not constitute approval for soliciting, doing business, engaging in commercial activity, or advertising on the Airport.

(Ord. 4169 § 2 (part), 2002)

11-1207 - OFF-AIRPORT CAR RENTAL AGENCIES.

(a)

Generally—Off-airport rental agency permits. Any business entity not having a fixed place of business on the Airport and which offers motor vehicles for rent (or which arranges to rent motor vehicles) to the general public at the Airport may only do so after having obtained an "Off Airport Rental Agency Permit" from the County (such a business entity in this section shall be referred to as an "Off-Airport Rental Agency" or "Agency"). Such permits shall be in a form acceptable to the Airport Director and County Counsel and approved by the Board of Supervisors.

(b)

Payment of permit fee to the County. The Off-Airport Rental Agency Permit shall require the Rental Agency holding such a Permit to pay a monthly fee to the County based on a percentage of the gross receipts generated by the Agency from its operations at the Airport. (Percent to be set forth in each permit.)

(c)

Operating conditions. Every Off-Airport Rental Agency shall conduct its business in compliance with all of the terms and conditions of the Off-Airport Rental Agency Permit.

(Ord. 4169 § 2 (part), 2002)

11-1208 - VEHICLES FOR HIRE.

(a)

No person shall operate a vehicle that is carrying passengers for hire from the Airport unless he is the holder of a permit authorizing same by the Airport Director. Permit holders must obtain a business license as required by San Joaquin County and will conduct business activity at all times in designated areas assigned by the Airport Director and in accordance with the terms and conditions of the permit.

(b)

Except for discharging passengers, no person shall park, on the Airport, a vehicle used for the purpose of carrying passengers for hire unless he is the holder of a permit authorizing same by the Airport Director.

(c)

No person shall, on the Airport, solicit or invite any person to ride in a vehicle used for the purpose of carrying passengers for hire, either by driving slowly past a loading entrance of the terminal building or by any other act or utterance calculated to induce that person to engage the vehicle except that operators of properly permitted vehicles for hire may enter the airline terminal and display a passenger's name or affiliation on an otherwise blank sign no larger than one hundred (100) square inches to assist in identifying a passenger that has made a reservation, in advance, with the operator for ground transport services.

(Ord. 4169 § 2 (part), 2002)

11-1209 - ACCESS TO RESTRICTED AREAS.

(a)

Except as otherwise provided in this code, no person shall, without permission of the Airport Director, enter any restricted area on the Airport, except:

(1)

A person assigned to duty at that place;

(2)

An authorized representative of the United States Department of Transportation;

(3)

A passenger who is escorted by an authorized person to embark or debark an Aircraft or Helicopter;

(4)

Any other person authorized by the Airport Director to enter restricted or field areas, or by a tenant to enter an area occupied by said tenant.

(Ord. 4169 § 2 (part), 2002)

11-1210 - SECURITY IDENTIFICATION.

The issuance of Airport-authorized security identification is at the sole discretion of the Airport Director and such badges shall remain the property of the Airport and shall be surrendered upon demand or upon

termination of the need for access to the Restricted Area(s).

(Ord. 4169 § 2 (part), 2002)

11-1211 - DISPLAY OF SECURITY IDENTIFICATION.

(a)

All persons entering the Security Identification Display Area (SIDA) are required to continuously display on their outermost garment valid Airport-authorized security identification, except those persons under the supervision of an Airport-authorized escort.

(b)

Persons escorting individuals onto the Security Identification Display Area (SIDA) are responsible for the conduct of the escorted person. Escorts shall:

(1)

Continuously display on their outermost garment valid Airport-authorized security identification; and

(2)

Have immediate control of the escorted person at all times.

(Ord. 4169 § 2 (part), 2002)

11-1212 - APPROVAL BY AIRPORT DIRECTOR FOR DEMONSTRATION.

No person shall (a) give a flight or ground demonstration on the Airport, (b) conduct the flight of unlicensed Aircraft on the Airport, or (c) bring an Aircraft to the Airport for a public aerial demonstration on the Airport without the approval of the Airport Director. This section does not apply to air carriers or Aircraft sales demonstrations.

(Ord. 4169 § 2 (part), 2002)

11-1213 - AIRCRAFT EQUIPMENT AND OPERATION RULES.

(a)

Except when authorized by the Airport Director, no person shall operate any Aircraft on the Airport unless it has an operational tail or nose wheel and wheel brakes.

(b)

If the pilot of an Aircraft that does not have adequate brakes is authorized by the Airport Director to taxi the Aircraft, the pilot shall taxi it in such a manner so as not to endanger any persons, buildings, fixtures or other Aircraft.

(Ord. 4169 § 2 (part), 2002)

11-1214 - (Reserved)

11-1215 - (Reserved) 11-1216 - REMOVAL OF AIRCRAFT OR OTHER MATERIAL.

(a)

Aircraft or Helicopter owners, their pilots or agents, shall be responsible for the prompt removal of any wrecked or damaged Aircraft or Helicopter, or parts thereof, from any runway or taxiway or areas adjacent to runways or taxiways on the Airport. In the event of an unsafe or emergency condition, the Airport Director may cause the removal of a wrecked or damaged Aircraft or Helicopter or associated wreckage, from any runways or taxiways or areas adjacent to runways or taxiways at the owner or agent's expense without concern for the further damage thereto.

(b)

Unless otherwise provided in a lease, permit, or other agreement authorized by County, no person shall use any area of the Airport for parking or storage of aircraft, other than transient parking, without permission of the Airport Director. If, notwithstanding the above prohibition, a person uses such areas for parking or storage as aforesaid, without first obtaining such permission, then the Director shall have the authority to order the aircraft removed or to cause the same to be removed and stored at the expense of the owner thereof.

(c)

If an aircraft is disabled so as to restrict use of any runway or taxiway on the Airport, the Director may take whatever action is necessary to make the runway or taxiway safe for other aircraft. The aircraft owner shall bear the expense or removal of the aircraft.

(d)

If the owner or pilot refuses or is unable to move an aircraft, as directed by the Manager of the Airports, the aircraft may be towed away and stored at the owner's expense. The same procedure shall apply to removal of a wrecked or damaged aircraft and its parts. The County shall have a lien upon the aircraft for the cost of such towing and storage as described above, pursuant to Code of Civil Procedure Section 1208.61.

(e)

Upon direction or request from the Airport Director, the operation of any aircraft parked or stored at the Airport shall move said aircraft from the place where it is parked or stored to any other designated place. If the operator refuses to comply with any such reasonable directive, the Manager of Airports may move said aircraft to such designated place at the operator's expense.

(Ord. 4169 § 2 (part), 2002)

11-1217 - PRESERVATION OF PROPERTY.

No person shall:

(a)

Destroy, injure, deface or disturb any building, sign, equipment, marker, or other structure, tree, flower, lawn or other public property on the Airport;

(b)

Alter or add to any building on the Airport without the approval of the Airport Director and all other required permits and approvals;

(c)

Make an excavation, or dump any material on the Airport;

(d)

Interfere or tamper with, or injure any part of the Airport or its equipment;

(e)

Abandon any personal property or litter on the Airport.

(Ord. 4169 § 2 (part), 2002)

11-1218 - AREA USES.

No person shall:

(a)

Occupy or place any object, including but not limited to ladders, chairs or other equipment, on a road, walkway or aircraft tie-down or other area on the Airport.

(b)

Walk in a picket line as a picket or take part in a labor or other public demonstration on any part of the Airport except a place specifically assigned by the Airport Director so as not to interfere with normal Airport operation or business activity, and in the interest of public safety.

(c)

Keep uncovered trash containers on the Airport.

(d)

Operate a vehicle for hauling trash, dirt or any other material on the Airport unless the vehicle is equipped to prevent its contents from dropping, sifting, blowing, leaking or otherwise escaping.

(e)

Sleep or camp on the Airport, including but not limited to, leased buildings, Motor Vehicles, Aircraft, Helicopters or in field areas without the written consent of the Airport Director.

(f)

Enter or exit a field area without properly securing vehicle and/or pedestrian gates.

(g)

Store items of personal property including, but not limited to, boats, motorhomes and semi-trailers on the Airport without the written permission of the Airport Director.

(Ord. 4169 § 2 (part), 2002)

11-1219 - DUTY TO NOTIFY.

In addition to all other local, state or federal reporting requirements, in the event of a release or threatened release of hazardous materials or other contaminants into the environment relating to or arising out of a person's use or occupancy of the Airport or in the event of any claim, demand, action or notice made against any person regarding a failure or alleged failure to comply with any environmental laws on the Airport, the person shall immediately notify the Airport Director and shall provide the Airport Director with copies of any written claims, demands, notices or actions so made.

(Ord. 4169 § 2 (part), 2002)

11-1220 - INTERFERING OR TAMPERING WITH AIRCRAFT.

No person shall interfere or tamper with an Aircraft on the Airport or put the engine in motion, or use any Aircraft, aircraft parts, radios, instruments or tools on the Airport, without the permission of the owner of the Aircraft.

(Ord. 4169 § 2 (part), 2002)

11-1221 - ANIMALS.

(a)

No person shall enter the Airport with a domestic or wild animal without permission of the Airport Director, except:

(1)

A blind, deaf or disabled person with a specially trained guide dog, signal dog or service dog,

(2)

A person without a domestic animal that is confined within an approved pet transport container for the purpose of air travel, or

(3)

A person entering the Air Operations Area, for the purpose of air travel via a private or charter Aircraft, with a domestic animal that is restrained by a leash or is otherwise confined so as to be completely under control.

(b)

No person shall hunt or fish on the Airport.

(c)

No person shall ride or walk a horse on the Airport except as necessary to transport such animal by air.

(Ord. 4169 § 2 (part), 2002)

11-1222 - COMMERCIAL PHOTOGRAPHY.

No person shall take still or motion photography on the Airport for commercial purposes without first obtaining permission from the Airport Director, all required permits from San Joaquin County and paying the appropriate fees, if any, as established by a resolution of the Board of Supervisors of the County of San Joaquin.

(Ord. 4169 § 2 (part), 2002)

11-1223 - PROHIBITED USES OF AIRSPACE.

No person except an employee of the United States performing his official duties, or a person who has the permission of the Airport Director, shall prepare to operate, operate or release a kite, parachute, balloon, model aircraft, rocket or other non-aeronautical objects on the Airport.

(Ord. 4169 § 2 (part), 2002)

11-1224 - NOISE ABATEMENT.

Recognizing that the Airport must continue to be a good neighbor to Stockton and adjoining communities, it is a firm policy that aviation activities on the Airport, Aircraft or Helicopter approaching, departing or flying in the pattern, and in addition, Aircraft or Helicopters operating so as to expose noise sensitive areas of these communities to noise or sonic boom (whether or not they use the Airport) shall generate the absolute minimum perceived noise consistent with air safety and effective use of the Airport facilities.

(Ord. 4169 § 2 (part), 2002)

11-1225 - COUNTY RESPONSIBILITIES.

The County, its agents or employees operating the Airport, assume no responsibilities for damage to property stored thereon or property thereon of persons using the Airport facilities, by reason of fire, theft, vandalism, windstorm, flood, earthquake, collision or other cause, nor does it assume any liability by reason of injury to persons while on the Airport or while using the Airport facilities.

(Ord. 4169 § 2 (part), 2002)