Sierra County Municipal Code Ch. 9.24 Sierraville-Dearwater Airport Rules and Regulations

This chapter may be referred to as the Sierraville-Dearwater Airport rules and regulations.

This chapter applies equally to every user of the Sierraville-Dearwater Airport.

A. Management. It shall be the responsibility of the (Manager) of Sierraville-Dearwater Airport to fairly and impartially administer the Sierraville-Dearwater Airport rules and regulations.

B. Users. It shall be the responsibility of every user of the Sierraville-Dearwater Airport, pilot or other, to become familiar with the Sierraville-Dearwater Airport 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 Department of Public Works, Downieville, California. Additional copies will be provided by the Sierraville-Dearwater Airport manager to any user of the airport who requests such copy.

For the purposes of this chapter, the following definitions and meanings shall 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. They operate, in various categories, under authority or certification by U.S. Civil Aeronautics Board and/or the California Public Utilities Commission. Categories include 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 parking areas.

“Aircraft” means a device that is used, or intended to be used, for flight in the air. It includes airplanes, helicopters and gliders, and lighter-than-air devices such as blimps or balloons, but does not include hang gliders.

“Airport” means the Sierraville-Dearwater Airport, its facilities, all lands owned by Sierra County contiguous to the airport, including airspace above such land and the designated approaches thereto.

“Autorotation” means a rotorcraft flight condition in which the lifting rotor is driven entirely by action of the air when the rotorcraft (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, fire fighting, agricultural aviation activities, traffic surveillance.

“Commercial use” means use of the Sierraville-Dearwater Airport for revenue producing commercial activities.

“County” means Sierra County.

“Fixed base operator” means any person who rents, leases, or owns facilities located on the Sierraville-Dearwater Airport, 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:

1. Selling and/or servicing new and used aircraft and component parts;

2. Aircraft maintenance and repairs;

3. Sales and/or repair of avionics;

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

5. Aerial photography;

6. Air ambulance service;

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

8. 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 (rotorcraft) 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 Sierraville-Dearwater Airport.

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

“Word construction.” The following construction applies throughout this chapter:

1. Words importing the singular include the plural;

2. Words importing the plural include the singular; and

3. Words importing the masculine gender include the feminine. (Ord. 565, eff. 1/2/80)

The ordinance codified in this chapter is enacted to protect the health, safety and peace, and to promote the welfare and convenience of the general public using the Sierraville-Dearwater Airport, or affected by activities related to the airport, by providing for the orderly conduct of activities on, or related to, the airport.

Any person desiring to store or base his aircraft at the Sierraville-Dearwater Airport shall register his aircraft at the Department of Public Works office 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 shall create an obligation on the part of the user to obey all of the rules and regulations herein provided.

No person shall utilize the Sierraville-Dearwater Airport for any revenue producing commercial activities without first obtaining a permit from the airport manager for such activities and paying the fees and charges established for such use. Any aircraft owner who fails to pay any fee duly charged for aircraft owned or controlled by him shall have such aircraft subject to impounding until the fees are paid, along with any impound fees, or until the aircraft is sold for charges.

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 Sierraville-Dearwater Airport, 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 shall be responsible for the tying-down and securing of his aircraft. He shall likewise be responsible for any liability arising from or caused by his aircraft or his activities.

The Sierraville-Dearwater 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.

No aircraft shall be left unattended on the airport unless properly secured. 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.

Unless otherwise authorized by the airport manager, no aircraft or vehicle maintenance (other than required to remove damaged aircraft from the runway or taxiway, or replacing a flat tire) shall be performed on the Sierraville-Dearwater Airport except in areas specifically designated by the airport manager for that purpose. Engine run-ups not incidental to takeoff or landing shall not be conducted between the hours of 10:00 p.m. to 6:00 a.m.

Every person involved in or witnessing an aircraft accident on the airport 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 $400.00. The owner and/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. Where the pilot or owner is unable to arrange for removal of such disabled or wrecked aircraft, the airport manager shall have the authority to move, or arrange for 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.

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, state or local laws and regulations.

No person shall willfully 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.

No person shall enter upon the runway of the Sierraville-Dearwater Airport, except in an aircraft, without the express consent of the airport manager or his designated representative.

No person shall start any aircraft engine on the Sierraville-Dearwater Airport:

A. Unless a competent operator is at the controls; and

B. Unless the aircraft is equipped with adequate brakes fully applied or the wheels are securely blocked with blocks or chocks that can be removed safely; and/or

C. 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, buildings, or can cause injury to passengers, spectators, or other personnel.

No person shall 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 15 miles per hour.

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

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.

A. No aeronautical activity shall be conducted at the Sierraville-Dearwater Airport except in conformance with current federal air regulation, state of California law and regulations, and this chapter.

B. All initial takeoffs shall commence at the end of the runway (unless cleared by the airport manager).

C. Touch-and-go landings shall be permitted only after the pilot has received approval from the airport manager.

D. The following aircraft are (restricted) or (prohibited from) operating at the Sierraville-Dearwater Airport in emergency situations (examples only):

1. Jet-powered aircraft, because of minimum runway length, noise, environmental constraints, etc.;

2. No hot air balloons or hang gliders may operate at the Sierraville-Dearwater Airport.

A. No aircraft shall be fueled or defueled while the aircraft engine is running.

B. No smoking shall be permitted within 50 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. All hoses, funnels and appurtenances used in fueling or defueling activities shall be equipped properly with a grounding device to prevent possible static ignition of volatile liquids. Such grounding devices shall be used during all fueling and defueling activities.

E. 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 50 feet thereof.

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

G. During fuel handling, no person shall use any material or device which is likely to cause a static spark within 50 feet of such aircraft or fuel truck.

H. 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 washed away. In event of such spills or leaks, the airport manager shall be notified.

I. Fuel hoses and draining or defueling equipment shall be maintained in a safe, sound, and nonleaking condition.

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 by the driver to the airport manager.

D. No person shall operate any motor vehicle on the airport in excess of 20 miles per hour (except emergency vehicles responding to an emergency situation).

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

F. Vehicles that are to be left unattended may be parked only in designated airport vehicle parking areas.

G. Vehicles parked other than specified in subsections (E) and (F) of this section may be moved by airport personnel, and in such event a towing charge will be levied prior to releasing the vehicle from impound. No liability for damages sustained by such vehicles during said movement will be assumed by Sierra County or any of its officers or employees.

H. Motor vehicles shall not be driven on or across runways or other portions of aircraft operating areas without clearance from the airport manager.

I. Motor vehicles shall not be driven or parked upon, or within 50 feet of aircraft parking areas, ramp areas, or aprons without express approval of the airport manager. Exceptions: airport maintenance or emergency vehicles, or fuel or service vehicles.

J. 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.

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 50 feet thereof;

4. Within 50 feet of any “No Smoking” sign posted.

B. No person shall operate any electric or gas welding or cutting equipment anywhere on the airport without prior written approval of the airport manager and the Sierraville Fire Department.

C. 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.

D. No person shall store or stock any material or substance, or permit such activities in or on the airport 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 building, room, enclosure, or other place on the airport except in areas specially designated by the airport manager for such purpose.

No person shall deliver aviation fuels or lubricants to, or dispense such fuel from, at, or upon the airport without a permit from the airport manager. No fuel shall be stored anywhere on the airport except in underground tanks, or such other tanks as may be approved by the airport manager.

Each aircraft based at the Sierraville-Dearwater Airport must be covered by bodily injury liability insurance with a minimum limit of $100,000 per person, $300,000 per incident (or a single limit liability of $300,000) and property damage liability with a minimum limit of $100,000.

No person shall:

A. Take or use any aircraft, aircraft parts, instruments, or tools pertaining thereto, which are owned, controlled, or operated by any other person, while such aircraft, parts, instruments, or tools are stored or otherwise left on the Sierraville-Dearwater Airport, or within its buildings, or facilities, without the written consent of the owner/operator thereof, except upon satisfactory evidence of the right to do so duly presented to the airport manager, or authorized by him, or so ordered by a court of competent jurisdiction.

B. Land, takeoff, taxi, or otherwise operate any aircraft on, at, or from, the Sierraville-Dearwater Airport when he knows such aircraft is not operating properly, or is equipped with any part or safety device which is defective or unsafe. Deviations from this restriction shall only be permitted by specific authorization from the airport manager or his designated representative. Nor shall any aircraft be operated on or at the airport, or on any runway thereof, when the airport manager or other legal authority, and such closure has been indicated by the placement of an “X” at each end of the closed runway.

C. Operate any aircraft (or vehicle) on, at, or in the vicinity (three statute miles) of the Sierraville-Dearwater Airport in willful or wanton disregard for the safety of persons or property, whether his own or that of others.

D. Engage in the performance of any aerobatics, stunt, maneuver not necessary to a normal takeoff, landing, normal turn or level flight of the aircraft, over or within one mile of the exterior boundaries of the airport.

E. Engage in the sale of any goods, wares, merchandise, or services at or upon the airport without first having secured from the airport manager a permit therefor, and paying any required fees for such permit.

The airport manager is hereby 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. Causes for such closure could include, but would not be limited to, adverse weather conditions, runway maintenance or repairs, runway obstacles, fire, aircraft or other accident. Any such closure shall be effective only during such time as there is placed at each end of each runway so closed a letter “X,” the arms of which are at least 20 feet long and two feet wide, and so colored as to contrast with the background or other surface. The airport manager shall immediately notify the local FAA facility advising of the closure.