San Jose Municipal Code Part 2 Definitions

The definitions set forth in this part shall govern the application and interpretation of this chapter.

(Ord. 27142.)

"Airport Commission" is the administrative body established under Part 4 of Chapter 2.08 of Title 2 of the San José Municipal Code.

(Ord. 27142.)

An "emergency response" is the appropriate and reasonable emergency response to any harm to life and/or property, or attempt or threat thereof, caused by any person at the airport as the result of a prohibited act or prohibited item as defined herein.

(Ord. 27142.)

"Expense of Emergency Response" means the actual costs incurred by the city, including other agencies by mutual aide or agreement, in making an emergency response to an incident involving a prohibited act or prohibited item as defined herein. Such expenses shall only include those costs directly arising because of the response to the particular incident. Reasonable costs shall include the costs of providing police, firefighting, rescue, emergency medical services, security services, and related equipment in response to the incident, as well as the salaries or contractual costs of the personnel responding to the incident.

(Ord. 27142.)

A "person" includes individual persons, organizations and entities as set forth in Section 1.04.020 J. of the San José Municipal Code.

(Ord. 27142.)

"Prohibited Act" means any of the following:

A. Any act by a person causing or intending to cause harm to life, including themselves, or property upon the airport;

B. Any act, whether verbal, written or physical, that is made under circumstances that a reasonable person of due diligence would understand as an immediate, imminent or potential threat of harm to life or property;

C. Tampering, interfering with, compromising, modifying, attempting to circumvent or cause a person to tamper or interfere with, compromise, modify, or attempt to circumvent any security system, measure or procedure implemented at the airport;

D. Entry or presence within a secured area, or within any area where entry requires clearance at a security checkpoint or the appropriate airport- issued or airport-approved identification medium for such entry, without complying with the systems, measures, or procedures being applied to control access to, or presence or movement in, such areas;

E. Use, allowance of use, or causing to be used, any airport-issued or airport-approved access medium or identification medium that authorizes the access, presence, or movement of persons or vehicles in any secured area or in any other manner than that for which it was issued by the city or other appropriate authority; or

F. Interference with, assault, threat, or intimidation of security screening personnel in the performance of their security screening duties.

(Ord. 27142.)

A "Prohibited item" includes any of the following:

A. Any item designated as a prohibited item for carry-on or checked baggage in 49 U.S.C. § 40101 et seq. and 49 C.F.R. § 1540.111 as interpreted by the U.S. Department of Homeland Security, Transportation Security Administration in its most recent listing of prohibited and permitted items promulgated pursuant to the authority in 49 U.S.C. § 114 to develop policies dealing with threats to transportation security;

B. Any hazardous material prohibited by the Federal Aviation Administration pursuant to 49 U.S.C. Subtitle B, Chapter 1, Subchapter C, Parts 171, 172, 173, and 175;

C. Any item that is substantially similar in nature to any item designated in Subsection A. or B. herein; or

D. Any item that is intended to resemble a prohibited item designated in Subsections A. through C. herein.

(Ord. 27142.)

A "secured area" is any area at the airport where entry requires clearance at a security checkpoint or the appropriate airport-issued or airport-approved identification medium for such entry.

(Ord. 27142.)