Sonoma County Municipal Code § 3-6 Use of airport facilities

Footnotes:

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Editor's note— Ord. No. 6090, § I(Exh. A), adopted Dec. 2, 2014, repealed the former Art. I, §§ 3-1—3-17, and enacted a new article as set out herein. The former Art. I pertained to similar subject matter and derived from Ord. No. 971, §§ 2, 3.

For state law as to authority of county relative to airports generally, see Gov. C. §§26020 to 26028.

For purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:

"Administrative citation" means a written citation on a form approved by the airport manager, issued to any person or entity responsible for a violation of the provisions of the County Code, when the agent of the county determines that a violation has occurred.

"Administrative review committee" means a three (3) member subcommittee of the county aviation advisory commission appointed by the chairman of the commission to hear appeals filed by persons contesting the issuance of administrative citations.

"Agent of the county" means any county employee or agent of the county, including airport staff, county employees designated by the airport manager, sheriff's employee, or designated airport contractor, charged with the authority to implement or enforce any provision of the County Code and the airport rules and regulations.

"Air traffic control tower (ATCT)" means the facility operated by the FAA to provide air traffic control services to aircraft operating on or in the vicinity of the airport.

"Aircraft" means a device that is used or intended to be used for flight in the air. Aircraft includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, helicopters, gliders, sailplanes, amphibians, unmanned aerial vehicles (UAV), zeppelins, and seaplanes.

"Airport" means the Charles M. Schulz-Sonoma County Airport.

"Airport development standards" means the standards adopted by the County to establish the development requirements that must be met by all persons or entities desiring to construct or make improvements to buildings and facilities at the airport. The development standards apply to proposed new construction, including proposed alterations or improvements to existing buildings or facilities.

"Airport manager" means the manager of the Charles M. Schulz-Sonoma County Airport or his or her duly authorized representative.

"Airport operations area (AOA)" means any fenced area of the airport that is used, or intended to be used, for landing, takeoff, or surface maneuvering of an aircraft. The AOA includes paved and unpaved surfaces that are intended to be used in addition to the associated runway, taxiway, or apron. Only persons holding appropriate credentials, or persons escorted by persons holding appropriate credentials, may access the AOA.

"Airport premises" means the entire airport property including all public roadways, commercial vehicle hold areas, parking lots, terminal building curbside areas, and any other areas within airport control.

"Airport rules and regulations" means the airport rules and regulations adopted by the county to govern the general conduct of the public, tenants, employees, and commercial users of the airport in the interest of safety and efficiency.

"Airport security program (ASP)" means a security program approved by the Transportation Security Administration (TSA) under Section 1542.101 of 49 CFR Chapter XII. The ASP is classified as security sensitive information by TSA.

"Aviation commission" means the Sonoma County Aviation Commission, whose members are appointed by the board of supervisors.

"Board of supervisors" means the Sonoma County Board of Supervisors.

"Commercial activity" means any activity conducted on the airport premises for the purpose of obtaining revenue, earnings, income, and/or compensation of any kind, including the exchange of goods or services for goods or services (barter), whether or not such objectives are accomplished.

"Commercial passenger terminal" means any facilities designated by the airport manager for use by airline or ground transportation passengers for ticketing, baggage handling, security screening, waiting, and/or gate access, and associated activities.

"County" means county of Sonoma.

"FAA" means the Federal Aviation Administration.

"Minimum standards" means the Charles M. Schulz-Sonoma County Airport Minimum Standards for Aeronautical Service Providers, as may be amended from time to time.

"Person" means any individual, entity, firm, partnership, corporation, limited liability company, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative.

"Ramp" (or "apron") means that part of the airport where aircraft are parked, unloaded or loaded, refueled, or boarded.

"Rates and charges resolution" means a resolution of the board of supervisors establishing rates, fees, charges and fines applicable to the conduct of business and operations on the airport premises and to the enforcement of the provisions of the County Code.

"Responsible person" means any individual who is the owner or occupant of real property, owner or authorized agent for any business, company, or entity, or any person as defined in Chapter 1 Section 1-2 of the County Code, who has caused or maintains a violation of the County Code, the airport rules and regulations, or any applicable federal or state law or regulation.

"Restricted area" means the portions of the airport closed to the general public.

"SIDA" means the security identification display area. The SIDA is a portion of the airport, specified in the Airport Security Program, which is a secure area. The SIDA is identified by a bold red line painted on the ground. All persons are prohibited from entering the SIDA at all times, unless they have been issued a SIDA badge that allows them access into the area for work related purposes or are properly escorted by a person having a valid SIDA badge.

"Taxiway" means a path on an airport connecting runways with ramps, hangars, terminals and other facilities.

"TSA" means the Transportation Security Administration of the Department of Homeland Security, or any successor organization or agency.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) The airport manager shall represent the county regarding all airport matters and shall also have the following authority and responsibility with respect to the provisions of this chapter, and shall at all times have authority to take such actions as may be deemed necessary to safeguard the public at the airport, consistent with applicable California and federal law.

(b) The airport manager may suspend or restrict any or all operations or activities on the airport premises whenever such action is deemed necessary in the interest of safety or the efficient operation of the airport.

(c) If necessary to safeguard the airport and/or the public, the airport manager may suspend or restrict the privilege of any person to use the airport and its facilities for failing or refusing to comply with the provisions of this chapter, the airport minimum standards, the airport rules and regulations, and/or any other applicable law or regulation.

(d) The airport manager shall have the duty and the authority to prescribe reasonable rules and regulations relating to the use of the airport. Any such rules and regulations shall first be submitted for approval by the board of supervisors before taking effect.

(e) The airport manager shall have the authority to conduct inspections within all buildings on the airport premises to enforce compliance with this chapter, other provisions of the county code the airport rules and Regulations, minimum standards, development standards and all other airport rules and regulations approved by resolution of the board of supervisors.

(f) The airport manager shall have the authority to adopt and implement operating procedures necessary to insure the safe orderly operation of the airport and its facilities and to address specific needs relating to airport operations, facilities, safety, and security, consistent with applicable California and federal law.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

The county, and its agents and employees, assumes no responsibility for damage to property stored on the airport or any property of persons using the airport facilities, by reason of fire, theft, vandalism, windstorm, flood, earthquake or collision, nor does [the] county assume any liability by reason of injury to persons while on the airport premises or while using airport facilities.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) Use of the airport, or any of its facilities in any manner, shall create the obligation and the implied agreement of the user to obey all applicable provisions contained in this chapter and all applicable airport rules and regulations.

(b) Smoking is prohibited anywhere on the airport premises, except in areas specifically designated by the airport manager, in writing, as a "smoking area." Smoking is never permitted in the SIDA or AOA.

(c) No person shall alter, improve, raze, or disturb in any way any building, sign, equipment, marker or any shrub, tree, flower, lawn or other property on the airport premises without first obtaining written permission of the airport manager. Any proposed construction, improvement or alteration of any structure anywhere on the airport premises 1) shall be approved in advance, in writing, by the airport manager, and 2) shall be in compliance with the airport minimum standards and with the airport development standards.

(d) No person shall commit any obscene, disorderly, indecent or unlawful act, or commit any nuisance anywhere on the airport premises.

(e) No person shall place, dump or abandon any waste, refuse, personal belongings, or any other material anywhere on the airport premises.

(f) No person shall conduct any polls or surveys on the airport premises without the prior written permission of the airport manager, and at no time shall these activities be conducted in a manner that would disrupt the operations and activities of the airport.

(g) No person shall take still, video or motion pictures and/or sound recordings of voices or people on the airport premises for commercial purposes without the prior written permission of the airport manager. This section does not apply to bona fide coverage by the news media conducting business in areas authorized by the airport manager.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) No person shall enter any restricted area including the AOA, SIDA, or any other areas of the airport premises that are posted as closed to the public, except:

(1) Persons in possession of a valid security badge issued by the airport that specifically authorizes access to the area, or persons escorted by a properly badged individual.

(2) Persons authorized, in writing, by the airport manager; and

(3) Persons under appropriate supervision entering the SIDA for the purposes of enplaning and deplaning from aircraft.

(b) It shall be unlawful for any person to pass, throw, or carry any object into a restricted area, except objects that are carried through a designated entrance or exit by a person in possession of a valid security badge issued by the airport manager that specifically authorizes access to the area or by a person under airport-authorized escort.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) No person shall use the roads, walkways, or any other areas of the airport premises including landing areas or restricted areas in any manner that could hinder or obstruct their intended use without first obtaining written permission from the airport manager.

(b) No person shall operate any type of vehicle, machinery or device of any kind on roads, walkways or any other areas of the airport premises without first obtaining permission from the airport manager.

(c) No person shall engage in any business or commercial activity of any nature on the airport premises unless authorized to do so in advance, in writing, by the airport manager.

(d) For purposes of this Section 3-6, any person using airport facilities pursuant to the permission of the airport manager shall be in compliance with any and all terms upon which such permission is granted, including applicable rules, regulations, and standards for conduct. Any use of the airport that is not in compliance with the terms of such permission by the airport manager shall be deemed an unauthorized use.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

No person shall solicit for any purpose anywhere on the airport premises without the prior written permission of the airport manager.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) No person shall post, distribute or display signs, advertisements, circulars or printed or written matter anywhere on the airport premises except with the prior written permission of the airport manager or a representative designated by the airport manager.

(b) No sign or structure containing advertising or business identification material shall be erected, altered or relocated on the airport premises without the prior written permission of the airport manager.

(c) All approved advertising shall be in compliance with the airport advertising policy, adopted by the board of supervisors.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) No person, other than a disabled person with a service animal, as defined in the Americans with Disabilities Act of 1990, or any successor legislation, a law enforcement officer with a specially trained animal or dog used for law enforcement purposes, or a person who is training an animal or dog with the prior permission of the airport manager, shall enter the airport premises or adjacent areas of the airport premises with an animal unless such animal is confined within a cage or restrained by a leash so that such person retains complete control of the animal.

(b) No person shall, either willfully or through failure to exercise due care, permit an animal to urinate or defecate upon the sidewalks of the airport or within the airport's commercial passenger terminal, parking facilities, or roadways, including the airport's designated pet relief area, without promptly removing evidence of the event.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

No aircraft operations or flying activity of any kind shall be conducted at the airport except in conformance with current federal aviation regulations and procedures, and other applicable federal, state and local law, regulations, and guidance.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) No activity, including but not limited to, painting, doping and cleaning of aircraft or aircraft components, shall be conducted on airport premises with any flammable substances having a flash point below two hundred (200) degrees Fahrenheit, unless the activity and the manner in which it is to be conducted have been approved in advance, in writing, by the airport manager.

(b) No person shall keep, store or discard any flammable liquids, gases, signal flares, oily rags or any other combustible material in hangars or in any buildings on the airport without the prior written approval of the airport manager concerning the location and manner of conducting such storage or disposal operations.

(c) Flammable liquids shall not be used in connection with the cleaning of aircraft, aircraft engines, propellers and appliances except in specific locations and consistent with procedures approved in advance by the airport manager for conducting such cleaning operations.

(d) All persons renting or leasing hangars or aircraft tie-downs on the airport premises shall keep their hangars, tie-downs, and all areas adjacent thereto free and clear of waste material, rubbish, flammable material and any material that could pose a hazard to the operation of aircraft and/or aircraft engines.

(e) Hangar entrances shall be kept clear at all times for ingress and egress of aircraft.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) All aircraft fueling and de-fueling operations shall be conducted in compliance with applicable federal, state and local law, regulations, and guidance, the airport rules and regulations and the airport minimum standards.

(b) Fuels and lubricants of any kind shall not be sold or dispensed into any aircraft or any other vehicles or containers on the airport except in such a manner and under such terms and conditions as may be prescribed, in writing, by the airport manager.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) Every person who operates any motor vehicle or mobile equipment on the airport premises shall comply with all applicable provisions of California law, the County Code and all applicable airport rules and regulations. The California Vehicle Code shall be strictly enforced on the airport premises.

(b) Vehicles shall not be parked on the airport premises other than in the manner and at locations designated by the airport manager and/or as posted on official airport signs. The airport manager shall have the authority to remove vehicles that are parked in such places and in any manner that may interfere with or constitute a danger to any airport operation. The airport manager shall have the authority to tow vehicles away at the vehicle owner's expense.

(c) No commercial vehicle, as defined in Chapter 3, Article IV of the County Code, shall operate on the airport premises without first obtaining the required permits from the airport manager. This does not apply to public transit agency vehicles operating scheduled routes or activities.

(d) Motor vehicles shall be operated in strict compliance with speed limits prescribed by the airport manager or state or local law as indicated on posted traffic signs, and in no event shall be in excess of twenty (20) miles per hour or a safe speed under the prevailing conditions.

(e) No person shall operate any vehicle on any of the aircraft taxiing or landing areas unless authorized to do so by the airport manager and, if applicable, by the FAA air traffic control tower.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) Except as authorized by the provisions of Section 19-14 of the Sonoma County Code, no person shall carry or possess a firearm with a cartridge in any portion of the mechanism (except any federal, state, county, or municipal officer in the performance of his or her official duties) or any other dangerous weapon, as defined by the TSA, the County Code, or state law, or any other device or object that, in the judgment of the TSA, any law enforcement officer, or the airport manager, could pose a danger to persons or property, anywhere in the commercial passenger terminal.

(1) The provisions of Subsection (a) shall not apply to prohibit a person from possessing a dangerous weapon or firearm that is unloaded and properly encased for transshipment by air in accordance with TSA and airport regulations.

(b) The provisions of Section 19-14(a) of the Sonoma County Code shall not apply to prohibit a person from possessing a firearm that is unloaded and properly encased for transshipment by air in accordance with TSA and airport regulations while upon airport premises.

(c) Nothing in this Section 3-14 shall authorize any person to carry a firearm or dangerous weapon when in or entering into any secure sensitive area or when the TSA screening process for that person has begun.

(d) No person shall discharge across, in, or into, any portion of the airport premises, any firearm, bow and arrow, any air or gas weapon, or any other weapon capable of injuring or killing a person or animal, or damaging or destroying public or private property.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

The rates and charges for the use of land and facilities of the airport shall be those established from time to time by resolution of the board of supervisors.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) Any person operating or handling any aircraft, vehicle, equipment or apparatus or using the airport or any of its facilities in violation of the provisions of this article, the airport minimum standards, the airport rules and regulations, the airport development standards, any operating rules and procedures adopted pursuant to this article, or any provision of law incorporated herein, or refusing to comply therewith, may be promptly removed from the airport.

(b) For cause, any person may be deprived of and refused the further use of the airport and its facilities by the airport manager, for such time as may be required to insure the safeguarding of the airport and of the public.

(c) Any person who shall violate or refuse to abide by any of the provisions of this article, or any of the rules and regulations established pursuant to this article, or any of the provisions of law incorporated herein, shall be guilty of a misdemeanor and upon conviction thereof shall be punishable as provided in Chapter 1, Section 1-7 of this Code.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) This section provides for administrative citations, which are in addition to all other legal remedies, criminal or civil, which may be pursued by the county to address any violation of the County Code.

(b) Use of this section shall be at the sole discretion of the county.

(c) This section shall only apply to violations of the airport ordinance that occur on the airport premises.

(d) This section is adopted pursuant to California Government Code Section 53069.4 and any successor section thereto.

(e) This section does not apply to citations issued by an agency of the United States government. Failure to pay fines assessed by an agency of the United States government may constitute a violation of the County Code, and may subject the recipient of the fine to an administrative citation.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) Whenever an agent of the county, which for the purposes of this article shall mean the airport manager, any sheriff's officer, any traffic enforcement officer, any airport employee, or any person so designated in writing by the airport manager and charged with the enforcement of any provision of the County Code, determines that a violation of such provision has occurred, the agent of the county shall have the authority to issue an administrative citation to any responsible person for the violation.

(b) An administrative citation on a form approved by the county may be issued to the responsible person by the agent of the county for violations of Chapter 3 of the County Code, in the following manner:

(1) Personal service. In any case where an administrative citation is issued, the agent of the county shall attempt to locate and personally serve the responsible person, and obtain the signature of the responsible person on the administrative citation.

(i) Any agent of the county issuing an administrative citation shall be authorized to request that the recipient of the citation produce adequate identification and sign the administrative citation.

(ii) Failure or refusal to sign the administrative citation by the responsible person shall not affect the validity of the administrative citation or of subsequent proceedings.

(2) Service of administrative citation by mail. If the agent of the county is unable to locate the responsible person, the administrative citation may be mailed to the responsible person by first class mail.

(3) Service of administrative citation by posting. The agent of the county may post an administrative citation on any real property within the county in which the county has knowledge that the responsible person has a legal interest. For parking violations, the agent of the county may place an administrative citation on any vehicle owned or operated by the responsible person, and such posting shall be deemed effective service. The agent of the county shall first attempt personal service to the responsible party before posting the administrative citation on real property. Posting an administrative citation may also be used in the event service by mail has failed.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

To the extent practicable, each administrative citation shall contain the following information:

(a) The date and time of the violation;

(b) Name, address and phone number of the responsible person;

(c) The address or a definite description of the location where the violation occurred;

(d) The section of the County Code of ordinances that was violated and a description of the violation;

(e) The amount of the fine for the Code violation;

(f) A description of the fine payment process, including a statement of the time within which, and the location where, the fine shall be paid;

(g) An order prohibiting the continuation or repeated occurrence of the violation described in the administrative citation;

(h) A description of the administrative citation appeal process, including the time within which the administrative citation may be appealed and the place from which a request for hearing form to appeal the administrative citation may be obtained; and

(i) The name and signature of the citing agent of the county.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) The fine for a violation imposed pursuant to this Section 3-17 shall be one hundred dollars ($100.00) for a first violation of this article; two hundred dollars ($200.00) for a second violation of this article within one year; and five hundred dollars ($500.00) for each additional violation within one year. If the maximum assessable fines for violations of this article are increased or decreased by operation of Government Code section 53069.4, the fines set forth herein shall automatically be adjusted to equal the maximum assessable fines.

(b) The rates and charges resolution shall specify the amount of any late payment charges imposed for the payment of a fine after its due date.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) The fine shall be paid to the airport administrative office within twenty-one (21) days from the date of the administrative citation.

(b) Payment of a fine under this article shall not excuse or discharge any continuation or repeated occurrence of the violation that is the subject of the administrative citation.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) Any recipient of an administrative citation may contest that there was a violation of the County Code, or that he or she is not the responsible person by completing a request for hearing form and returning it to the airport administrative office within ten (10) calendar days from the date the administrative citation is served.

(b) A request for hearing must be in writing on a form provided by the airport administrative office.

(c) The person requesting the hearing shall indicate if they choose to appear in person for the hearing or have the written appeal be submitted for review by the administrative review committee.

(d) As soon as practicable, after receiving the written request for hearing, the airport administrative office shall review it for sufficiency. If found to be complete and in conformance with this section, the airport administrative office shall fix a date, time and place for hearing by the administrative review committee. Written notice of the time and place for the hearing may be served by personal service, or first class mail, to the address provided by the responsible party on the request for hearing form.

(e) If the agent of the county submits an additional written report concerning the administrative citation to the administrative review committee for consideration at the hearing, then a copy of this report also shall be served, mailed, or provided to the person requesting the hearing at least five (5) days prior to the date of the hearing.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

The chairman of the aviation advisory commission shall appoint an administrative review committee consisting of three (3) of the airport advisory commissioners for the administrative citation hearing.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) A hearing before the administrative review committee shall be set for a date that is not less than fifteen (15) days and not more than sixty (60) days from the date that the request for hearing is filed in accordance with the provisions of this article.

(b) At the hearing, the party contesting the administrative citation shall be given the opportunity to testify and to present evidence concerning the administrative citation.

(c) If the recipient(s) of an administrative citation requests a hearing, and notifies the airport administrative office that they choose to appear in person for the hearing, their failure to appear in person, or to submit their written appeal for review at the administrative review committee hearing, without notifying the airport administrative office at least twenty-four (24) hours in advance, shall constitute a forfeiture of any fine that has been paid and shall constitute a failure to exhaust their administrative remedies.

(d) The administrative citation and any additional report submitted by the agent of the county shall constitute prima facie evidence of the respective facts contained in those documents. No other proof concerning the violation shall be required to sustain a finding of conviction, provided, however, that the administrative review committee may, in its discretion, consider such other relevant evidence at the hearing.

(e) The administrative review committee may continue the hearing and request additional information from the agent of the county or the recipient of the administrative citation prior to issuing a written decision.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) After considering all of the testimony and evidence submitted at the hearing, the administrative review committee shall issue a written decision to either uphold or cancel the administrative citation and shall list in the decision the reason for that decision.

(b) If the administrative review committee determines that the administrative citation should be upheld, the administrative review committee shall set forth in the decision a payment schedule for the fine.

(c) The recipient of the administrative citation shall be served with a copy of the administrative review committee's written decision. The administrative review committee's decision shall also include appeal rights pursuant to California Government Code Section 53069.4 (b) (1).

(d) The employment, performance evaluation, compensation and benefits of the administrative review committee, if applicable, shall not be directly or indirectly conditioned upon the amount of administrative citation fines upheld by the administrative review committee.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

Any person who fails to pay to the county any fine imposed pursuant to the provisions of this section on or before the date that fine is due shall also be liable for the payment of any applicable late payment charges set forth in the rates and charges resolution.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

The county may collect any past due administrative citation fine or late payment charge by use of all available legal means.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

(a) The administrative citation and all notices required to be given by this section shall be served on the responsible party in accordance with the provisions of Section 3-17-2, Administrative Citation Authority and Service Procedures.

(b) Failure to receive any notice specified in this article does not affect the validity of proceedings conducted hereunder.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)

Any person aggrieved by an administrative decision of the administrative review committee on an administrative citation may obtain review of the administrative decision by filing a petition for review with the Superior Court in Sonoma County in accordance with the timeliness and other provisions set forth in California Government Code Section 53069.4.

(Ord. No. 6090, § I(Exh. A), 12-2-2014)