San Jose Municipal Code Part 9 Mobile Aircraft Maintenance Permit

A. Any person performing aircraft maintenance for compensation on the airport shall obtain a mobile aircraft maintenance permit from the director.

B. "Aircraft maintenance" is that defined by the Federal Aviation Administration regulations, but shall not include custodial maintenance of aircraft, such as washing, polishing, upholstering, cleaning and other incidental custodial maintenance.

C. No permit shall be required, however, for lessees or sublessees of the airport property or their employees where their lease or sublease permits aircraft maintenance to be performed; nor shall such a permit be required of certificated airlines or their employees which perform maintenance on aircraft owned or leased by them or on aircraft owned or leased by other certificated airlines.

D. No permit shall be required for aircraft maintenance performed by the owners or lessees or their employees of the aircraft being maintained. As used in regard to aircraft maintenance, the term "lessee" of an aircraft shall not include a temporary bailee thereof.

(Ord. 25529.)

A. A mobile aircraft maintenance permit shall require the permittee to have an owner or lessee of the aircraft present at all times that the permittee performs maintenance on the aircraft.

B. The permit shall also require the permittee to carry liability insurance and products liability insurance, each with coverage for bodily injury in the amount of one hundred thousand dollars per person and three hundred thousand dollars per occurrence, and coverage for property damage in the amount of three hundred thousand dollars per occurrence; or in the alternative, coverage on a "combined single limit" basis in the amount of not less than five hundred thousand dollars. The permit shall require the permittee to name the City of San José, its officers and employees, as additional insureds, and shall provide that all insurance required hereby shall contain provisions which the city attorney determines to be necessary or desirable for the protection of the city, its officers and employees, the aircraft operator, and the general public.

(Ord. 25529.)

A. The permit shall require the permittee to pay a minimum fee of twenty-five dollars per month, paid in advance, or fifteen percent of the permittee's gross income from maintenance performed under the permit, whichever is greater.

B. As a condition of receiving a permit, the permittee shall be required to deposit one hundred dollars with the director to assure payment of such fees.

C. If this deposit is reduced due to garnishment by third parties or due to its application for fees due from the permittee, it shall be replenished within ten days after notice thereof is mailed to the permittee or the permit shall be suspended.

(Ord. 25529.)

The procedures set forth in Chapter 25.10 shall govern the application for, investigation, approval, denial, suspension, revocation and renewal of any mobile aircraft maintenance permit, except as specifically provided in this chapter.

(Ord. 25529.)

A permittee shall be exempt from payment of fees for a mobile maintenance permit if the maintenance is performed for compensation only on aircraft used by one flying club and the person providing the maintenance is a member of that flying club who does not receive annual compensation for such maintenance in excess of the amount of his or her annual dues and assessments as a club member.

(Ord. 25529.)