Shasta County Municipal Code Ch. 13.04 County Airports

This chapter may be referred to as the "Shasta County airports rules and regulations."

(Prior code § 2100)

This chapter applies equally to every user of the county airports.

(Prior code § 2101)

This chapter is enacted to protect the health, safety and peace, and to promote the welfare and convenience of the general public using the county airports, or affected by activities related to the airports by providing for the orderly conduct of activities on or related to, the airports.

(Prior code § 2104)

A. Throughout this chapter, words importing the singular include the plural; words importing the plural include the singular; and, words importing the masculine gender include the feminine.

B. For the purposes of this chapter, the following definitions and meanings apply unless otherwise specified:

"Air carrier" means any person who undertakes directly, by lease, or other arrangement, to engage in air transportation of persons or things under authority or certification by the U. S. Civil Aeronautics Board and/or the California Public Utilities Commission, including certificated route air carriers, trunk carriers, flag carriers, local service carriers, all-cargo carriers, helicopter carriers, commercial air operators, air taxi operators and charter air carriers.

"Air traffic" means aircraft operating in the air or on an airport surface, exclusive of loading ramps or parking area.

"Air traffic clearance" means an authorization issued by air traffic control personnel for an aircraft to proceed under specified traffic conditions within controlled airspace.

"Aircraft" means a device used, or intended to be used, for flight in the air, including airplanes, helicopters and gliders, and lighter-than-air devices such as blimps or balloons, and excluding ultralight vehicles.

"Airport" means the Fall River Mills Airport or the Shingletown Airport, its buildings and facilities, all lands owned by the county contiguous to the airport, including airspace above such land and the designated approaches thereto.

"Airport manager" means the director of public works or his delegate.

"Autorotation" means a rotocraft flight condition in which the lifting rotor is driven entirely by action of the air when the rotocraft (helicopter) is in motion.

"Balloon" means a lighter-than-air aircraft which is not engine-driven.

"Ceiling" means the height above the earth's surface of the lowest layer of clouds or obscuring phenomena, that is reported as broken, overcast or obscuration, and is not classified thin or partial.

"Commercial operator" means any person who, for compensation or hire, engages in the carriage of persons, property or mail in air commerce, or engages in other aerial activity such as flight instruction, aerial photography, firefighting, agricultural aviation activities and traffic surveillance.

"Commercial use" means use of the county airports for revenue-producing commercial activities.

"County" means the county of Shasta.

"Fixed base operator" means any person who rents, leases or owns facilities located on the county's airports, who, by virtue of his specific type of aviation (or aviation-related) activity, requires the occupancy of a site with contiguous aircraft apron and direct access to the aircraft operation area, and who engages in a business activity providing aviation sales or services, including, but not limited to any of the following:

A. Selling or servicing new and used aircraft and component parts;

B. Aircraft maintenance and repairs;

C. Sales or repair of avionics;

D. Aviation training (including ground or flight instruction);

E. Aerial photography;

F. Air ambulance service;

G. Aircraft agricultural operations (cropdusting, spraying or the application of seed, fertilizers, pesticides, defoliants, etc.); and

H. Aircraft rental, charter, leasing.

"Flight visibility" means the average forward horizontal distance from the cockpit of an aircraft in flight, at which prominent unlighted objects may be seen and identified by day, and prominent lighted objects may be seen and identified by night.

"Ground visibility" means prevailing horizontal visibility near the earth's surface.

"Helicopter" means a rotor-driven aircraft (rotocraft) that, for its horizontal motion, depends primarily on its engine-driven rotors.

"IFR" means instrument flight rules covering meteorological conditions below the minimums for flight under visual (VFR) conditions.

"Maintenance" means inspection, overhaul, repair, preservation and the replacement of parts, but excludes preventive maintenance.

"Maximum gross landing weight" means the maximum landing weight stipulated for a particular aircraft by the Federal Aviation Administration (FAA).

"Night" means the time between the end of evening civil twilight and the beginning of morning civil twilight as published in the American Air Almanac, converted to local time.

"Person" means an individual, firm, partnership, corporation, company, association, joint-stock association or governmental entity, and includes a trustee, receiver, assignee or similar representative of any of them.

"Traffic pattern" means the traffic flow that is prescribed for aircraft landing at, or taking off from the county airports.

"Ultralight vehicle" Federal Aviation Regulations (F.A.R.) Part 103: An ultralight vehicle is a vehicle that:

A. Is used or intended to be used for manned operation in the air by a single occupant;

B. Is used or intended to be used for recreation or sport purposes only;

C. Does not have any U.S. or foreign air-worthiness certificate;

D. If unpowered, weighs less than one hundred fifty-five pounds, or

E. If powered,

1. Weighs less than two hundred fifty-four pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation,

2. Has a fuel capacity not exceeding five U.S. gallons,

3. Is not capable of more than fifty-five knots calibrated airspeed at full power in level flight, and

4. Has a power-off stall speed which does not exceed twenty-four knots calibrated airspeed.

"VFR" means visual flight rules covering meteorological conditions, above those requiring flight under IFR conditions.

(Ord. 93-1 § 1, 1993; prior code § 2103)

It shall be the responsibility of the county director of public works, or his delegate, to fairly and impartially administer the airports' rules and regulations.

(Prior code § 2102 A)

It shall be the responsibility of every user of the county airports, pilot or other, to become familiar with the county airports rules and regulations, and to obey those rules and regulations. A copy will be maintained current to reflect any amendments and will be posted at the Fall River Mills and Shingletown Airports. Additional copies will be provided by the director of public works, or his delegate, to any user of the airport who requests such copy.

(Prior code § 2102 B)

Any person desiring to store or base his aircraft at a county airport shall register his aircraft with the airport manager prior to beginning such storage or operations, and at any time that a change in ownership occurs. The use of the airport or any of its facilities in any manner obligates the user to obey all of the rules and regulations herein provided.

(Prior code § 2105)

A. The owner of each aircraft based or stored at a county airport shall be responsible for any liability arising from or caused by the owner's activities and/or his/her aircraft. Each owner shall obtain and maintain continuously aircraft liability coverage from a domestic insurance company and provide a certificate of such insurance to the county annually upon inception and/or renewal of such insurance. The insurance shall have limits of liability of not less than one million dollars bodily injury/property damage single limit, and there shall be one million dollars in the aggregate. The county of Shasta shall be provided evidence of aircraft liability insurance. No material change in the aircraft liability insurance policy terms may be made without prior written notice to Shasta County.

B. Fixed base operators operating on county airports shall obtain and maintain continuously airport liability, completed operations and products liability coverage from a domestic insurance company of not less than one million dollars bodily injury/property damage single limit and one million dollars in the aggregate. Hangarkeeper's liability shall be maintained at not less than one million dollars. The fixed base operator shall provide a certificate of such insurance to the county annually upon its inception and/or renewal thereof.

C. Each person undertaking commercial activities on a county airport shall, in addition to other required insurance, obtain and maintain continuously comprehensive general liability insurance and/or other insurance necessary to protect the public with limits of liability not less than one million dollars combined single limit bodily injury and property damage in accordance with standards established in Shasta County Administrative Policy 3-201.

D. Each fixed based operator, aircraft owner, and person undertaking any commercial activity upon the county airports ("airport user") shall hold harmless and indemnify Shasta County, its elected officials, officers and employees from and against all claims, suits, actions, costs, counsel fees, expenses, damages, judgments or decrees by reason of any person or person's bodily injury, including death, or property being damaged by the airport user, or any of his/her agents or subcontractors, or any person employed under the airport user, or under any of his/her agents or subcontractors, or in any capacity during the progress of their operations, whether by negligence or otherwise.

(Ord. 96-3 § 1 (part), 1996)

No person shall utilize a county airport for any revenue producing commercial activities without first obtaining a permit from the airport manager.

The airport manager shall establish, and maintain available for examination upon request, a schedule of fees and charges for the use of the airport and its facilities. Any air carrier, commercial operator, fixed base operator, or aircraft owner who fails to pay any fee duly charged for airport facilities or aircraft owned or controlled by him/her shall thereby be subject to voiding of any lease or rental agreement or permit or to the impounding of the aircraft until the fees are paid, along with any impound fees, or until the aircraft is sold for charges.

(Ord. 96-3 § 1 (part), 1996)

No person shall deliver aviation fuels or lubricants to, or dispense such fuel from, at, or upon the county airports without a permit from the airport manager.

(Prior code § 2125)

The sale of any goods, wares, merchandise, or services at or upon the county airports without first having secured from the airport manager a permit therefor, and paying any required fees for such permit, is prohibited.

(Prior code § 2127 E)

Aircraft shall only be stored or parked at places designated by the airport manager and such storage or parking shall be at the sole risk of the owner or operator of the aircraft, and without any responsibility of the respective airport, the county, or any of its officers or employees, for any loss of, or damage to the aircraft while so stored or parked. The owner or operator of the aircraft is responsible for the tying down and securing of his aircraft. He is also responsible for any liability arising from or caused by his aircraft or his activities. Transient aircraft shall be parked only in the area designated.

(Prior code § 2107)

A. The Fall River Mills Airport shall be open for public use at all hours of the day and night, subject to any restrictions imposed by the airport manager due to inclement weather, the condition of the landing area, the presentation of special events, construction or repair activities, or similar causes. The airport is attended from eight a.m. to five p.m. daily, and services may be obtained at other times by contacting the airport manager or Unicom 122.8 for a fee as approved by the board of supervisors.

B. The Shingletown Airport shall be open for public use during daytime hours. The airport is unattended.

(Ord. No. 93-1 § 2, 1993; Prior code § 2108)

No aircraft shall be left unattended on the county airports unless properly secured or within a hangar. Owners of aircraft left so unattended shall be liable for damage to other aircraft or property resulting from the failure to adequately secure or tie down the aircraft.

(Prior code § 2109)

Unless otherwise authorized by the airport manager, no aircraft or vehicle maintenance (other than required to remove damaged aircraft from the runways or taxiways, or replacing a flat tire) shall be performed on the county airports except in areas specifically designated by the airport manager for that purpose. Engine runups not incidental to takeoff or landing, shall not be conducted between hours of ten p.m. to seven a.m.

(Prior code § 2110)

Every person involved in, or witnessing an aircraft accident on the airports shall report promptly the details of such accident to the airport manager, to the FAA and to local law enforcement personnel, as required by law. In addition, the pilot or aircraft owner shall report fully to the California Division of Aeronautics the details on any accident in which there is death or injury, or in which damage to the property of others exceeds four hundred dollars. The owner or pilot of an aircraft which is damaged in an accident, or wrecked, shall be responsible for the prompt removal of the aircraft as directed by the airport manager. When the pilot or owner is unable to arrange for removal of such disabled or wrecked aircraft, the airport manager shall move, or arrange the removal of, the aircraft when released (if applicable) by the FAA or the National Transportation Safety Board (NTSB). No liability shall be incurred by the airport manager or others for damage aggravated by, or resulting from, such removal.

(Prior code § 2111)

No person shall operate any aircraft in flight or on the ground in such a manner as to cause unnecessary noise as determined by applicable federal or state or local laws and regulations.

(Prior code § 2112)

No person shall enter any restricted area which is posted or closed to the public except persons duly authorized by the airport manager, or law enforcement or firefighting personnel.

(Prior code § 2113)

No person shall wilfully and knowingly permit any animal owned, possessed, or harbored by him to enter the airport unless the animal is leashed or restricted in such manner as to be under control, or is in a shipping container, or is otherwise under physical restraint. Nor shall he permit such animal, except a seeing-eye dog, to enter any airport building.

(Prior code § 2114)

No person shall enter upon any runway, or runway enclosure, of the county airports except in an aircraft, without the express consent of the airport manager or his designated representative.

(Prior code § 2115)

No person shall start any aircraft engine on the county airports:

A. Unless a competent operator is at the controls of the aircraft and the aircraft is equipped with adequate brakes fully applied or the wheels are securely blocked with blocks or chocks that can be removed safely;

B. When the aircraft is in such a position that the propeller slipstream or jet blast can cause damage to, or interfere with the operation of, other aircraft, vehicles, mobile equipment, hangars, shops, other buildings, or can cause injury to passengers, spectators, or other personnel.

(Prior code § 2116)

No person shall taxi any aircraft into, out of, or within any hangar or other building on or adjacent to the airport. Nor shall any person move any aircraft under its own power on the airport unless he is in full control of such aircraft, and has assured himself that there is no danger of collision with other aircraft, vehicles, equipment, buildings, or other obstacles. Aircraft shall be taxied at a safe speed, not to exceed fifteen miles per hour.

(Prior code § 2117)

No person shall place, deposit, or dump any garbage, cans, bottles, papers, ashes, sewage, carcass of any dead animal, offal, trash, rubbish, debris, any other refuse or hazardous materials in any location on the county airports except in containers plainly marked for such purposes.

(Ord. 93-1 § 3, 1993: prior code § 2118)

No person shall shoot any projectile from a firearm or other device, into, on, or across any portion of the airport, nor have in his possession, or under his control, any firearm which is not unloaded and securely wrapped and boxed for shipment, or explosive or explosive device; provided, however, that this section does not apply to peace officers or military personnel who are acting in the performance of their duties as such.

(Prior code § 2119)

Except where the airport manager has delegated authority for air traffic control to FAA air traffic control personnel, every aircraft before landing and after takeoff shall be flown in accordance with the traffic pattern illustrated on the diagram posted at the airport.

(Prior code § 2120)

A. No aeronautical activity shall be conducted at the county airports (or within the airport traffic area) except in conformance with current federal air regulations, state law and regulations, and this chapter.

B. All initial takeoffs shall commence at the end of the runway, unless cleared by the airport manager, or by ATC if authorized by the airport manager.

(Prior code §§ 2121 A, B, 2127 A, B, C, D)

No air shows, aerial displays, flight demonstrations, fly-bys, fly-ins, parachuting, skydiving, contest-award festivities, fireworks displays, airplane or helicopter rides may be offered; and no hang gliders, ultra-lights, non-FAA-registered aircraft, displays, paragliders, or hot-air balloons may be operated at a county airport without an application being filed and approved forty-five days prior to such operation by the director of public works.

A. The application to the director of public works must contain:

1. Date of the event;

2. Types and numbers of aircraft involved;

3. Number of people expected to attend (participants and spectators);

4. Whether admission fee is or is not charged;

5. The activities scheduled (air show, show flight demonstration, fly-by, fly-in, contest-award festivities, fireworks displays, airplane or helicopter rides, etc.); and

6. Such other information as requested by the director.

B. All operators of aircraft participating in the above-described activities must provide a certificate of primary and noncontributory aircraft liability insurance of one million dollars combined single limit for bodily injury and property damage including bodily injury to passengers.

C. The county, its officers, and its employees must be named as additional insureds on all airport and aircraft liability policies of all operators, whose policies shall contain a waiver of subrogation to the county as respects to aircraft equipment physical damage.

D. Operators giving rides to spectators or others must provide Shasta County with a hold harmless agreement. In addition, operators shall require each passenger to whom a ride is provided to execute a hold harmless agreement before taking the ride.

E. Sample Hold Harmless Agreement.

In consideration of being permitted to ride in an aircraft owned by ___________ and flown by ___________, the undersigned assumes all the risks of damage or loss either to person or property from all and every cause, including negligence, violation of law, or gross negligence on the part of the County of Shasta, its officers, employees, or agents during such ride or as an incident thereto, or in connection therewith, it being the understanding the County of Shasta, its officers, employees, or agents incur no liability or obligation to the undersigned, his/her heirs, successors, or assigns, and that no ride may be given to a minor without the parent's or legal guardian's waiver. The rider acknowledges that aerial activities are inherently dangerous and assumes all risks of injury/death. This hold harmless applies to each and every ride which the undersigned may take while participating at an event at a Shasta County airport.

(Ord. 96-3 § 1 (part), 1996)

A. No aircraft shall be fueled or defueled while the aircraft engine is running or while the aircraft is in a hangar or other enclosed space.

B. No smoking shall be permitted within fifty feet of the aircraft or fuel truck while the aircraft is being fueled or defueled.

C. During fuel handling, no passenger shall be permitted in or on the aircraft.

D. During fuel handling activities, no person shall operate any radio transmitter or receiver, nor switch electrical appliances on or off in such aircraft, or in the immediate vicinity (fifty feet) thereof.

E. Every person engaged in aircraft fuel handling shall exercise due care to prevent the overflow or spilling of fuel.

F. During fuel handling, no person shall use any material or device which is likely to cause a static spark, within fifty feet of that aircraft or fuel truck.

G. Where there has been a fuel spill or leak, no person shall start the engine of any aircraft in close proximity until the spill or leak has been contained and the fuel absorbed with a nonflammable absorbent material approved for such use by the Shasta County fire warden and clearance is given by the airport manager or designee. The used absorbent material shall be disposed of in a container specially designed for flammable materials. Fuel spills shall be reported to the airport manager or designee immediately.

(Ord. 93-1 § 5, 1993; prior code § 2122)

A. No person shall travel on any portion of the airport except upon the roads, walks, or places provided for the particular class of traffic, nor occupy the roads or walks in such manner as to hinder or obstruct their proper use.

B. Motor vehicle traffic shall yield the right-of-way to aircraft.

C. Any accident, involving a motor vehicle, which results in a fatality or injury, or in property damage shall be reported.

D. Vehicles shall not be parked on the airport other than in the manner and locations indicated by posted traffic signs and markings.

E. No person may operate a motor vehicle or aircraft in or on any portion of the airport while under the influence of intoxicating liquor or drugs.

F. No person intoxicated by alcohol or drugs shall operate a motor vehicle or aircraft in or on any portion of an airport.

(Prior code § 2123)

A. No person shall light or smoke any cigarette, cigar, pipe, or similar object in the following airport areas:

1. Within any hangar or fuel handling or storage areas;

2. Within or upon any aircraft parking area or ramp;

3. Inside any aircraft, whether or not such aircraft are parked or stored, or within fifty feet thereof;

4. Within fifty feet of any "No Smoking" sign posted.

B. No person shall use flammable liquids, solvents, or substances to clean any aircraft, engine, part, or accessory thereof within any hangar or building except a building specially designed for that purpose and approved in writing by the airport manager. Approval shall only be granted when the airport manager approves the ventilation provisions, fireproofing, and fire-extinguishing equipment for the building.

C. No person shall light or use any open flame for any purpose in any hangar or other building on the airport without the prior written consent of the airport manager.

D. No person shall operate any electric or gas welding or cutting equipment anywhere on the airport without prior written approval of the airport manager.

E. No person shall clean or degrease any aircraft or part thereof except at or in a maintenance station properly equipped for such purposes, or in a space designated or authorized by the airport manager.

F. No person shall store or stock any material or substance, or permit such activities in or on the county airports in such a manner, or of such nature, as to constitute a fire hazard. No person shall keep store or discard any flammable liquid, gas, signal flare, or other flammable material in any hangar, shop, building, room, enclosure, or other place on the airport except in areas specially designated by the airport manager for such purpose.

G. Lessees of hangars, shops, or other airport areas shall provide suitable metal receptacles with hinged lids for the storage of oily waste, rags, and other similar rubbish. All such materials shall be removed by the lessee at frequent intervals.

H. Every lessee shall maintain his leased area clean and reasonably free of oil, grease, waste, other flammable materials and weeds.

I. Lessees shall provide, and maintain in proper working order, adequate and readily accessible fire extinguishers. Each such extinguisher shall bear a suitable tag which indicates the most recent date of inspection or servicing. Extinguishers shall be approved by the local fire department.

(Prior code § 2124)

The airport manager is directed and authorized to close the airport, or portions thereof, or suspend operations related to the landing, takeoff, or taxiing of aircraft during any period in which he determines that such operations, or their continuance, would be hazardous.

(Prior code § 2128)

A. All hazardous material designated pursuant to federal, state and local law shall be transported, stored and used in a manner consistent with all federal, state and local laws.

B. All aircraft repair and maintenance shall be conducted within a building that is constructed for that purpose and approved by the airport manager.

C. The following regulations pertain to the use of county airport facilities as a base for conducting agricultural aerial spraying and dusting operations, to protect the county facilities from contamination by hazardous materials, and to insure the safety of all users of the airport.

Each operator of aerial spraying and dusting equipment when using the county airport as a base for applying pesticides, as defined by Food and Agriculture Code Sections 11404 and 12753, or other hazardous materials shall conform to the following requirements:

1. The operator shall have a valid Agricultural Pest Control Business License and a Pest Control Aircraft Pilots License issued by the California State Department of Food and Agriculture.

2. Each pilot must be currently registered with the Shasta County agricultural commissioner prior to conducting any application of pesticides in the county.

3. Aircraft tanks shall not be flushed out or cleaned on airport property. When tanks need cleaning, water or other appropriate material may be added on the airport site, but the tanks must be discharged off premises.

4. Material spilled shall be cleaned up immediately and disposed of off-site in accordance with current federal, state or local regulations.

5. Empty pesticide containers shall be triple rinsed, if appropriate, at the mixing and loading site. The rinsate shall be added to the application material. Triple rinsed containers and containers which are not triple rinsed shall be immediately removed from airport property and disposed of off-site in accordance with current federal, state or local regulations.

6. The aircraft shall not be cleaned or washed on airport property.

7. When the aircraft is not in use it shall be stored only in an area designated by the airport manager.

8. The county's representatives shall have the right to inspect any equipment or facet of the operation including any hangar utilized for storage of equipment, at any time.

9. A use fee may be imposed on the agricultural aircraft operator to compensate the county for use of the airport facilities.

10. The operator shall furnish a list of his product suppliers to the Shasta County department of public works. The operator shall notify the county of any changes to his list of product suppliers. The county may require the supplier to name the county as additional insured on their pollution and contamination coverage.

11. The operator shall conform to the landing and take-off patterns as established by the county. Loading and unloading operations shall be conducted so as not to interfere in any way with the safe and efficient operation at the airport.

D. Nonconformance with any of the above regulations may be cause for prohibiting agricultural spraying and dusting operations on the county airport facilities.

(Ord. 93-1 § 6, 1993)