Subchapter 10.04.06. Airport Field Regulations

The Subchapter of the Airport Code may be called the “Airport Field Regulations” or “Field Regulations.” These regulations are generally intended to maintain the safety and economic viability of the Airport through enforcement of uniform standards and permit procedures. The Field Regulations govern all activity of persons, motor vehicles, and aircraft on the ground of the Airport. They shall not derogate any obligations imposed by present or future contracts between the City and Fixed-Base Operators or other users of the Airport.

(Prior code § 10100; added by Ord. No. 1326CCS, adopted 1/22/85)

No person shall use the Airport as a base for any commercial activity without an operations permit issued by the City Manager. The term “commercial activity” includes the carrying for hire of passengers, freight, express or mail, the sale of fuel and related products or services, the sale or lease of new or used aircraft, the sale of aircraft parts and supplies, flight or ground schools requiring a fixed base, aircraft repair and maintenance, the sale of food and refreshments, or any other activity for which a business license from the City is required.

(Prior code § 10101; added by Ord. No. 1326CCS, adopted 1/22/85)

The following standards and procedures apply to operations permits:

(a) Applications shall be presented to the Airport Director on an approved form and considered by the Airport Commission before issuance of a permit by the City Manager. Applications shall, at a minimum, identify the applicants and its principals, document the applicant’s financial responsibility, and specify types of service to be provided and types and number of aircraft proposed to be used.

(b) The Airport Director shall, by regulation, provide for an expedited permit procedure for commercial operations not requiring a fixed base at the Airport. The Airport Director may grant expedited permits upon registration of the applicant and proof of compliance with the following:

(1) The applicant shall demonstrate that he or she has valid and current certification from the Federal Aviation Administration as required for the performance of the applicant’s services.

(2) The applicant shall agree to be bound by the provisions of Section 10.04.06.070 providing for indemnity of the City.

(3) The applicant shall register any motor vehicles used in the course of his or her business with the Airport Director, furnish proof of public liability insurance for such vehicles, and comply with any conditions the Airport Director deems necessary to promote safety and maintain adequate access to the Airport.

(4) The applicant shall pay such processing fees and furnish proof of such insurance as may be required by Resolution of the City Council.

(5) The Airport Director may, based on the scope and nature of the services proposed to be provided, require that the applicant obtain an operations permit from the City Manager pursuant to the regular procedures and standards of Section 10.04.06.030.

(c) An operations permit shall identify the location of the base and the specific uses permitted. The permit may be amended to permit additional locations or uses. Applications for amendments need only contain information relative to the additional locations or uses sought and identification of any changed conditions since the issuance of the original operations permit.

(d) Applications for air carrier service shall identify and assess the effects of the service on community aircraft noise exposure, automobile traffic, and other significant environmental impacts and propose appropriate mitigation measures. Environmental assessment shall be in accordance with State and City laws and procedures. As used in this Section, “air carrier” service includes commuter service, air charter and air taxi operations, freight, cargo, express, and mail service, and other commercial flight operations certificated by the Federal Aviation Administration.

(e) The requirement of an operations permit is supplementary to necessary development reviews, business licenses and other fees and approvals as may be required by applicable law. The leasing by the City of a parcel of land for fixed-base aviation operations does not relieve the lessee, or any other person occupying the parcel, from the requirement of obtaining or amending operations permits unless the lease so specifies.

(f) The City Manager may deny, grant unconditionally, or grant an operations permit subject to conditions reasonably related to the promotion of the safety or economic viability of the Airport, compliance with the Airport Agreement or Airport Plan, or the abatement of community exposure to aircraft noise or other environmental concerns. A decision of the City Manager shall be final, subject to judicial review. The Airport Director may establish by regulation standard conditions to be part of all operations permits unless specifically deleted.

(g) Except as provided in Subsection (h), an operations permit shall be deemed granted subject only to standard conditions if it is not disapproved or conditionally approved by the City Manager within 60 days of the filing of a completed application unless extended by the City Manager in writing for an additional period not to exceed 60 days.

(h) No operations permit shall be granted unless and until the applicant or authorized representative has obtained all other governmental approvals applicable to the project, except that a building permit may not be granted without an operations permit.

(i) The Airport Director may issue an order directing a holder of an operations permit to comply with applicable laws or conditions of permits. The City Manager may suspend or revoke an operations permit for wilful violation of such an order. Any suspension or revocation may be appealed to the City’s Hearing Examiner pursuant to the time limits and procedures of prior code Section 6126 of the Municipal Code. The effect of such suspension or revocation shall be stayed pending timely appeal to the Hearing Examiner.

(j) The City Council by Resolution may establish and from time to time amend fees for the processing of applications for operations permits and fixed-base operator leases, which shall not exceed the reasonable cost of such processing.

(Prior code § 10102; added by Ord. No. 1326CCS, adopted 1/22/85)

Operations permits shall not be required if the provisions of any of the following Subsections are met:

(a) Flying clubs shall be exempted from obtaining an operations permit upon the issuance of a permit from the Airport Director. Flying clubs are defined as non-profit membership organizations formed to allow for the multiple ownership of aircraft. Issuance of the permit shall be based solely on examination of the club by-laws and verifications of non-profit status. The permit may be revoked by the Airport Director if the club engages in commercial activities as described in Section 10.04.06.020.

(b) A person may sell his or her personal aircraft without obtaining an operations permit, provided that no person may engage in two such sales within any 12 month period without an operations permit. A person may lease his or her personal aircraft to holders of commercial operations permits without obtaining an operations permit.

(Prior code § 10103; added by Ord. No. 1326CCS, adopted 1/22/85)

No person shall hold himself or herself out as a flight instructor or give flight instruction except in compliance with the following requirements:

(a) The instructor shall register with the Airport Director, demonstrate that he or she has a valid and current flight instructor’s certification from the Federal Aviation Administration, and, except for employees of holders of commercial operations permits, obtain an operations permit under Section 10.04.06.030(b).

(b) All persons instructing or checking out pilots in flying at the Airport shall fully inform the pilots of the Noise Code and other regulations in effect at the Airport and shall be responsible for the conduct of such student pilots under their instruction.

(Prior code § 10104; added by Ord. No. 1326CCS, adopted 1/22/85)

No person shall hold himself or herself out as an aircraft mechanic or maintain or repair the aircraft of another person for consideration except in compliance with the following requirements:

(a) The mechanic shall register with the Airport Director, demonstrate that he or she has a valid and current certification from the Federal Aviation Administration, and except for employees or holders of commercial operations permits, obtain an operations permit under Section 10.04.06.030(b).

(b) Repairs of aircraft in designated tiedown or storage areas shall be limited to maintenance and repairs that do not impede the flow of ground traffic in the area or interfere with access to aircraft or aircraft movement.

(c) Aircraft parts, tools, or supplies shall not be permitted to accumulate in designated aircraft, parking or storage areas. Persons conducting maintenance or repair activities shall be responsible for the prompt clean-up of such areas and removal of any accumulated material.

(Prior code § 10105; added by Ord. No. 1326CCS, adopted 1/22/85)

The privileges of using the Airport and its facilities are conditioned on the assumption of full responsibility and risk by the user thereof, and the user shall release, hold harmless, and indemnify the City, members of the City Council and Boards and Commissions, and officers and employees of the City from any liability or loss resulting from such use.

Nothing in this Chapter shall be deemed to impose any liability upon the City of Santa Monica or its officers or employees, or to create any private rights of action in any person, or to relieve any person using the airport from any duty or standard of care imposed by law.

(Prior code § 10106; added by Ord. No. 1326CCS, adopted 1/22/85)

All aircraft owners and operators shall be covered at their expense by public liability insurance in such amounts and terms as established by Resolution of the City Council. Such insurance shall name the City, members of the City Council and Boards and Commissions, and officers and employees of the City as additional named insureds.

(Prior code § 10107; added by Ord. No. 1326CCS, adopted 1/22/85)

The owner or operator of aircraft using the Airport shall pay the prescribed rental rate. The tie-down or parking rate shall be based on the length of the wing-span in feet, the weight of the aircraft, the number of engines, or similar measure, and shall be charged by the month, day, or half-hour. The rental rate for hangar parking shall be a single monthly sum. All such rates shall be established by Resolution of the City Council.

(Prior code § 10108; added by Ord. No. 1326CCS, adopted 1/22/85)

Owners or operators of aircraft operating at the Airport shall pay a landing fee. Landing fee amounts may be set and from time to time amended by Resolution of the City Council.

(Prior code § 10109; added by Ord. No. 1326CCS, adopted 1/22/85; amended by Ord. No. 2079CCS § 1, adopted 6-10-03)

All structures at the Airport shall comply with applicable provisions of Chapter 8.04 of Article 8 of the Municipal Code relating to Technical and Construction Codes.

(Prior code § 10110; added by Ord. No. 1326CCS, adopted 1/22/85)

In addition to any other requirement imposed by law, all persons at the Airport shall comply with the following specific fire regulations applicable to all persons using the Airport:

(a) Every person using the Airport or its facilities in any way shall use the utmost caution to prevent fire and shall not cause to exist any condition constituting a fire hazard.

(b) No aircraft shall be fueled or drained while its engine is running or while in a hangar or other enclosed place. Fueling shall be done in such manner and with such equipment that adequate connections for the grounding of static electricity shall be maintained continuously during fueling operations. No smoking shall be permitted within 50 feet of the point where fuel is removed from or discharged into any aircraft.

(c) No cylinder or flask of compressed flammable gas shall be kept or stored except at such a place as may be designated by the Fire Department.

(d) The cleaning of engines or other parts of aircraft shall not be carried on in any hangar except with nonflammable substances. If flammable liquids shall be employed for this purpose, the operation shall be carried on in the open air and a safe distance from other aircraft.

(e) During business hours, hangar entrances shall be kept clear at all times to permit ready access to the building to combat fires.

(f) Floors of buildings shall be kept clean and free of oil, and no volatile or flammable solvent shall be used for cleaning floors.

(g) No boxes, crates, rubbish, paper, empty cans or bottles, or other litter shall be permitted to accumulate in or about any hangar.

(Prior code § 10111; added by Ord. No. 1326CCS, adopted 1/22/85)

The following regulations shall govern the operation of aircraft while on the ground at the Airport:

(a) No aircraft engine shall be started on any aircraft not equipped with adequate brakes fully set, unless the wheels have been chocked with blocks. No aircraft shall be started or runup unless a competent operator is at the controls of the aircraft at all times. No aircraft shall be left unattended on the Airport unless it is in a hangar completely enclosed with the door locked securely or such aircraft is locked in such a manner that it cannot be entered or started without the use of a proper key. All unhangared aircraft shall be parked in the spaces designated for that purpose and locked as above.

(b) The pre-flight run-up of engines shall be conducted only at points designated by the Airport Director. No aircraft shall be operated above idle power or run-up unless it is in such position that the propeller or turbine blast will clear all buildings, all aircraft maneuvering areas, and all people in the observation areas.

(c) No person shall take any aircraft on, to or from the Airport, or operate any such aircraft, while under the influence of, or while using, any intoxicating liquor or drug.

(d) Wrecked or damaged aircraft shall promptly be removed from runways or taxiways by the aircraft owner or operator subject to the direction of the Airport Director and appropriate officials of the United States of America.

(Prior code § 10112; added by Ord. No. 1326CCS, adopted 1/22/85)

Aircraft fueling operations shall be conducted consistent with safety standards contained in State, Federal, and local fire law. The following additional provisions shall apply to the fueling of aircraft at the Airport:

(a) The right of a pilot to fuel his or her own aircraft pursuant to Federal law shall be respected.

(b) The City Council may by Resolution, establish a fuel flowage fee to be paid to the City by all persons or companies supplying gasoline or oils to be used, dispensed, or sold at the Airport by persons other than the City.

(Prior code § 10113; added by Ord. No. 1326CCS, adopted 1/22/85)

Pending verification by the Federal Aviation Administration and the City that ultralight aircraft can operate at the Airport without compromising aviation safety, no person shall operate an ultralight aircraft, as defined by Federal Aviation Regulations Part 103, at or from the Airport.

(Prior code § 10114; added by Ord. No. 1326CCS, adopted 1/22/85)

(a) No person shall operate a motor vehicle at the Airport except in accordance with this Section. As used in this Section, the term “motor vehicle” includes any vehicle other than an aircraft, including bicycles.

(b) Motor vehicles shall be parked in designated parking areas.

(c) No person shall operate a motor vehicle on, upon, or across any portion of the Airport except along or upon roadways designated for travel by motor vehicles or those portions of the Airport set aside by the Airport Director for automobile parking purposes.

(d) No person shall operate, drive, or propel any motor vehicle at a speed of greater than twenty-five miles per hour at the Airport.

(e) The Airport Director may place on the Airport such stop signs and parking regulation signs as he or she may deem necessary. No person shall park any vehicle contrary to the directions on any parking sign or enter any intersection posted with a stop sign without first bringing his or her vehicle to a full stop within six feet of such intersection.

(f) No person shall operate, drive, or propel any motor vehicle on any landing area of the Airport.

(g) Police or fire vehicles driven on the Airport in response to emergencies shall not be subject to Subsections (e) and (f). Vehicles driven on the Airport for the purpose of making repairs and improvements to the Airport or for wreckage removal and governmental vehicles driven on the Airport on official business shall not be subject to subsections (d) and (e), providing that the operators obtain a permit to enter the landing area from the Airport Director, conspicuously display an approved orange and white safety flag on the vehicles, and enter and leave the Airport at established gateways.

(h) All vehicles hauling trash shall be covered. No vehicle used for hauling trash, dirt, or any other materials shall be operated on the Airport unless such vehicle is constructed so as to prevent its contents from dropping, sifting, leaking, or otherwise escaping. Any person who spills any dirt or any other materials from vehicles operated at the Airport shall immediately clean up the spilled material.

(i) Violation of the provisions of this Section shall be punishable by fine pursuant to Section 3.16.290 of the Municipal Code. The procedures of Sections 3.12.1070 and 3.17.1080 of the Municipal Code shall be applicable to violations of the motor vehicle operating and parking regulations of this Chapter.

(j) The Airport Director shall have authority to tow or otherwise move motor vehicles which are parked in violation of this Chapter in accordance with applicable law.

(Prior code § 10115; added by Ord. No. 1326CCS, adopted 1/22/85)

No pedestrians shall be upon any taxiway or landing area of the Airport without first obtaining a signed permit from the Airport Director, excepting mechanics who are by necessity required to be on a taxiway or landing area to remove damaged aircraft.

(Prior code § 10116; added by Ord. No. 1326CCS, adopted 1/22/85)

No experimental certification test flights or ground demonstrations shall be conducted on or at the Airport without the written permission of the Airport Director.

(Prior code § 10117; added by Ord. No. 1326CCS, adopted 1/22/85)

Any person damaging any light or fixture by means of contact with any aircraft or surface vehicle shall report such damage to the Airport Director immediately and shall be fully responsible for any costs required to repair or replace the damaged facility.

(Prior code § 10118; added by Ord. No. 1326CCS, adopted 1/22/85)

The violation of any provision of this subchapter shall be a misdemeanor punishable by a fine of up to five hundred dollars, a jail term of up to six months, or both.

(Prior code § 10120; added by Ord. No. 1326CCS, adopted 1/22/85)

(a) Statement of Purpose and Authority. This Section is enacted pursuant to the authority of the City of Santa Monica as the owner, operator and proprietor of the Airport to make reasonable regulations intended to protect the safety of persons living adjacent to the Airport and flying in aircraft using the Airport. This Section comports with agreements between the City and the Federal Aviation Administration recognizing the City’s obligation to serve category A and B aircraft at the Airport and its right to prohibit or limit any other given type, kind or class of aeronautical use of the Airport if such action is necessary for the Airport’s safe and efficient operation.

(b) Prohibition. No person operating a category C or D aircraft, as defined by the FAA’s standards, shall land at or depart from the Santa Monica Municipal Airport.

(c) Emergency Exception. The prohibition contained in this section does not apply to the operator of fixed wing aircraft who believes in good faith, based on special circumstances, that a bona fide emergency exists such that it is absolutely necessary that the aircraft depart or land at the Santa Monica Municipal Airport in order to preserve life or property.

(d) Penalties and Remedies. Any person who is convicted of violating this section shall be guilty of a misdemeanor and upon conviction shall he punished by a fine not greater than one thousand dollars or by imprisonment in the County Jail for not more than six months, or by both such fine and imprisonment. Additionally, any person, including the City, may enforce this Section by means of a civil action for legal or equitable relief; and, nothing in this Section shall preclude any person from seeking any other remedies afforded by law.

(Added by Ord. No. 2251CCS § 1, adopted 3/25/08)