Tehachapi Municipal Code Ch. 11.08 Airport Operation Regulations

The purpose of this chapter is to establish rules and regulations for the operation of the Tehachapi Municipal Airport.

(Ord. 81-06-450 § 1, 1981)

Unless otherwise provided or required by context, the words or phrases used in this section shall have the definition and meaning as follows:

1. "Aircraft" means any contrivance designed for flight in the air.

2. "Aircraft tiedown area" means outdoor space designated for the parking or tethering of aircraft. These areas shall be of two classifications, "assigned," and "unassigned." "Unassigned" spaces may also be described as "transient tiedown or parking area."

3. "Air operations area" means that area used for landing, takeoff, taxiing and surface maneuvering of aircraft.

4. Aircraft Categories. The following categories of aircraft are hereby established:

a. Air Carriers.

i. "Contract air carriers" means all federal or state certificated air carriers or third-level carriers contracting for use of the airport.

ii. "Noncontract air carriers" means all federal or state certificated air carriers to third-level carriers.

b. Commercial. "Commercial aircraft" means:

i. Rental, lease, hire or charter aircraft;

ii. Aircraft used for commercial purposes and not otherwise covered in this part;

iii. Privately owned aircraft leased or rented back to a commercial operator shall be classified as commercial.

c. Noncommercial Aircraft. "Noncommercial aircraft" includes aircraft not for hire. Aircraft used in the following manner shall be deemed aircraft not for hire:

i. Aircraft owned by an individual or firm which is for sale and used to demonstrate to prospective purchasers or, when sold, used to instruct the new owner in its operation;

ii. Company-owned aircraft operated for the free transportation of its own personnel or products;

iii. Aircraft owned by a nonprofit flying club. Any certified flight instructor affiliated with such a club shall not make a profit or be paid or given any form of remuneration in excess of his cost.

5. "Airport" means the Tehachapi Municipal Airport.

6. "Airport commission" means the duly appointed commission appointed by the city council.

7. "Airport manager" or "manager" means the manager as appointed by the city manager.

8. "City" means the city of Tehachapi.

9. "City administrator" means the city administrator as appointed by the city council.

10. "City council" means the elected city council of Tehachapi.

11. "Commercial operator, aeronautical" means any person, firm or corporation performing an aeronautical service at the airport for a fee or other remuneration.

12. "Commercial operator, nonaeronautical" means any person, firm or corporation performing a nonaeronautical service at the airport for a fee or other remuneration.

13. "Fire lane" means the driveway, roadway or other area designated for access to areas of the airport by fire equipment.

14. "Fixed-base operator" means a person who provides aeronautical services on the airport.

15. "Flying clubs" means an association or group of more than three persons jointly owning or leasing an aircraft where payment is made to the club for the operating use of the aircraft, and in compliance with regulations of flying clubs. To be eligible for flying-club status, the flying club must be operated on a nonprofit basis.

16. "Operator" means and includes, but is not limited to, the person in charge of an aircraft or vehicle, or any person who has rented or otherwise obtained use of an aircraft or vehicle for the purpose of operation by him/her, or his/her agent.

17. "Parking areas" means any portion of the airport which is set aside for the parking of vehicles.

18. "Pedestrian" means any person afoot.

19. "Person" means and includes, but is not limited to, any individual, firm, partnership, corporation, company, association, joint stock association, political party, trust, trustee, receiver or assignee.

20. "Ramp" means that area normally used for the parking, tying down and fueling of aircraft.

21. "Restricted area" means that area on the airport designated and posted as such.

22. "Vehicle" means a device in, upon or by which persons or property may be propelled, moved or drawn upon a highway or the surface area of the airport.

23. "Vehicle, abandoned" means any vehicle parked without authorization in excess of seventy-two hours.

24. "Vending machines" means any coin-operated machine used for the purpose of supplying food, drinks, candy, amusement, or other items or services to the general public.

(Ord. 99-05-647 § 9, 1999; Ord. 91-12-593 § 1, 1991; Ord. 81-06-450 § 2, 1981)

In the event of an urgent need for additional or revised rules or regulations, the airport manager shall proceed immediately to adopt such rule or regulation and post a copy thereof in the airport office and report his action to the airport commission at its next regular meeting for its consideration. Such emergency rules or revisions shall be effective and in force for thirty days, or until such earlier time as presented to and acted on by the city council. It is the responsibility of all airport users to acquaint themselves with all rules and regulations governing the airport.

(Ord. 91-12-593 § 2, 1991: Ord. 81-06-450 § 3(part), 1981)

The rules and regulations set out in this chapter are not intended to amend, modify or supersede any provisions of federal, state or local law, or any specific contractual agreement with the city with which these regulations may conflict.

(Ord. 81-06-450 § 3(B), 1981)

Any permission granted by the manager, either directly or indirectly, expressly or by implication to any person to enter upon or use the airport is conditioned upon compliance with the rules and regulations governing the airport. Entry upon the airport by any person shall constitute an agreement by the person to comply with all applicable rules and regulations of the United States, the state of California, the city, and the lawfully adopted orders and regulations of any commission or officer thereof.

(Ord. 91-12-593 § 3, 1991: Ord. 81-06-450 § 3(C), 1981)

The manager may give written notice to any person in violation of the provisions of this chapter. The notice shall specify the specific sections of the chapter being violated, and may be in the form of a warrant or citation.

(Ord. 91-12-593 § 4, 1991: Ord. 81-06-450 § 3(D), 1981)

A. Any person operating or handling any aircraft, vehicle, equipment or apparatus, or using the airport or any of its facilities in violation of any provision of this chapter may be removed or caused to be removed from the airport by the manager.

B. Any person may be deprived of further use of the airport and its facilities for such length of time as the manager deems necessary in order to safeguard the public, the airport and its facilities.

(Ord. 91-12-593 § 5, 1991; Ord. 81-06-450 § 3(E), 1981)

The manager and the police chief shall develop security plans for the protection of health and safety of persons and the safety of property at the airport, and a copy thereof shall be available for inspection by any person at the airport office and the manager shall submit a copy thereof to the airport commission at its next regular meeting for its consideration. Such security plans may include regulations restricting access to certain designated areas to persons having lawful business within such restricted areas, and for the issuance, revocation and suspension of permits allowing authorized persons and vehicles to enter such restricted areas. The airport security regulations may be amended, revised or repealed at any time by the city council.

(Ord. 91-12-593 § 6, 1991: Ord. 81-06-450 § 7, 1981)

Every person using the airport does so at their own risk, and the city, its officers, agents and employees shall not be liable for any injury or damage from fire, theft or other causes.

(Ord. 81-06-450 § 3(A), 1981)

All persons wishing to use the airport for any remuneration or revenue-producing activity of any nature whatsoever must enter into an agreement with the city, or secure an appropriate permit, license or concession agreement for the activity from the city administrator, and pay the rates and charges prescribed.

(Ord. 81-06-450 § 3(F), 1981)

All services performed in operating any facility at the airport must be without discrimination or segregation as to race, creed, color, sex, or national origin.

(Ord. 81-06-450 § 3 (V), 1981)

All fees, rentals or other charges shall be paid to the city on or before the due date, or before using the airport, when fees, rentals or other charges are required. All fees shall be paid in accordance with current rates and charges. Any aircraft owner or agent failing to pay any fees, rentals or other charges is subject to having such aircraft held until the fees, rentals or charges are paid. The holding of any aircraft shall be in accordance with authority granted by law.

(Ord. 81-06-450 § 3(T), 1981)

It is unlawful for any person to solicit in any manner or for any purpose on the airport without first obtaining written permission from the police chief. The chief shall also designate where, how and when soliciting can take place.

(Ord. 81-06-450 § 3(G), 1981)

No person shall post or distribute advertisements, circulars, or printed or written matter at the airport without first obtaining the approval of the manager in writing.

(Ord. 81-06-450 § 3(H), 1981)

Animals shall be permitted on the airport only if on a leash, or physically confined in such a manner as to be under full control at all times.

(Ord. 81-06-450 § 3(N), 1981)

No person shall take still, motion or sound pictures at the airport, for commercial purposes, without first obtaining written permission from the city administrator, and paying the appropriate fee as established by the city council, except the news media and persons taking pictures for nonprofit or personal reasons.

(Ord. 91-12-593 § 7, 1991: Ord. 81-06-450 § 3(I), 1981)

A. No person shall travel on the airport except on roads, walks, or places provided for that class of traffic.

B. No person shall use airport roads, walks or other facilities in such a manner as to hinder or obstruct their intended use.

C. No person shall vandalize or cause harm to any facility located at the airport.

(Ord. 81-06-450 § 3(J), 1981)

No person shall enter any restricted areas, as established and posted as limited to "Authorized Persons Only," "closed," or similar wording, without proper identification and authorization, except peace officers and other governmental officers in the performance of their duties.

(Ord. 91-12-593 § 8, 1991: Ord. 81-06-450 § 3(K), 1981)

No person shall enter any air operations areas of an airport without authorization.

(Ord. 81-06-450 § 3(L), 1981)

Drivers of vehicles shall yield the right-of-way to aircraft when operating in the air operations areas.

(Ord. 81-06-450 § 5(D), 1981)

A. The operators of construction vehicles must have permission in writing from the manager, and display an appropriate flag above the vehicle, before entering the air operations area.

B. Drivers of vehicles shall obey all traffic signs and motor vehicle regulations.

(Ord. 81-06-450 § 5(B), 1981)

No person or equipment shall be permitted on runways or taxiways without express authorization from the manager.

(Ord. 81-06-450 § 4(C), 1981)

No person shall operate an aircraft other than in an area prepared for such purpose, unless otherwise authorized by the manager. A person may use a taxiway on the airport for takeoff or landing only if authorized by the manager.

(Ord. 81-06-450 § 4(H), 1981)

A. The manager shall designate the traffic pattern and pattern altitude at the airport.

B. All aircraft entering the landing pattern shall do so in compliance with subsection A of this section.

(Ord. 81-06-450 § 4(A), 1981)

A. No person shall taxi an aircraft into or out of hangars under any circumstances.

B. All aircraft shall be taxied at a safe and reasonable speed.

(Ord. 81-06-450 § 4(G), 1981)

A. The manager is hereby granted the authority to restrict any flight operations at the airport for reasons of safety or the occurrence of any unlawful acts.

B. The manager may restrict or entirely suspend student training, touch-and-go landings, practice approaches, takeoffs and landings, or simulated forced landings, when required in the interest of safety or noise abatement.

(Ord. 81-06-450 § 4(B), 1981)

A. Aircraft engines shall not be operated in a manner or position that creates a nuisance to others or that may damage aircraft, hangars, buildings, facilities, property or persons.

B. Engine operation while loading and unloading passengers is prohibited.

(Ord. 81-06-450 § 4(F), 1981)

A. Locally based aircraft shall be parked only in an aircraft parking area or hangar designated and marked for that purpose.

B. Transient aircraft shall be parked in the transient aircraft parking area, or as designated and marked by the manager.

C. The manager, in case of emergency, or to perform maintenance or repairs of facilities, may change an assignment and move an aircraft to a reassigned space.

(Ord. 8106-450 § 4(D), 1981)

No person shall use a flammable or volatile liquid having a flashpoint of less than one hundred ten degrees Fahrenheit at the airport in the cleaning of aircraft engines, propellers, appliances, or for any other purpose, unless the operations are conducted in open air or in a room specifically set aside for that purpose. The manager will designate the open-air areas for the cleaning of aircraft. Fluids detrimental to airport surfaces shall not be used except where designated by the manager.

(Ord. 81-06-450 § 6(G), 1981)

Aircraft shall be operated in a safe and reasonable manner.

(Ord. 81-06-450 § 4(I), 1981)

Experimental demonstrations of aircraft or products shall not be conducted on the airport without written approval from the manager.

(Ord. 81-06-450 § 3(O), 1981)

No person shall use, climb upon, sit on, or otherwise handle aircraft or property of others unless authorized to do so.

(Ord. 81-06-450 § 3(M), 1981)

Aircraft shall not be left unattended unless properly secured. Operators of aircraft shall be responsible for any damage resulting from the failure to comply with this section.

(Ord. 81-06-450 § 4(E), 1981)

A. No person shall repair an aircraft or apparatus on the airport except in areas specifically approved for such purpose by the airport manager.

B. Aircraft owners may perform minor services to their own aircraft as permitted by FAA regulations.

(Ord. 91-12-593 § 9, 1991: Ord. 81-06- 450 § 4(M), 1981)

Persons involved in aircraft, vehicle or pedestrian accidents occurring within the airport shall make a written report to the manager as soon after the accident as possible, but no later than fourteen days thereafter. This report shall contain information required by local law enforcement and other applicable governmental agencies, such as the Federal Aviation Administration or National Transportation Safety Board.

(Ord. 91-12-593 § 10, 1991: Ord. 81-06-450 § 3(P), 1981)

A. The owner or operator shall be responsible for the prompt removal of disabled aircraft and parts from the airport, unless directed by the appropriate federal authorities or the manager to delay such action pending an investigation of the accident.

B. If an aircraft is disabled on the airport, the manager may take whatever action is necessary to remove the aircraft at the owner's or operator's expense, and without liability to the city, its officers, employees or agents, for any and all damages which may result in the course of or after such removal. Any cost incurred by the city for such removal shall be charge to and paid by the aircraft owner.

(Ord. 81-06-450 § 4(L), 1981)

No pesticides, fertilizers or empty containers shall be dumped, burned or left unattended or allowed to accumulate at any place on the airport. All emptied containers, sacks, barrels, etc., shall be removed, disposed of, or stored in a proper and safe manner immediately after use. No aircraft pesticide or fertilizer loading and unloading shall be done on runways or in areas where residues from loading or unloading will accumulate upon any area of the airport. All loading and unloading shall be in an area designated by the manager. No aerial application operations or other flights of an agricultural nature shall be allowed from the airport without a permit issued by the manager.

(Ord. 81-06-450 § 3(R), 1981)

No flying club shall be operated on the airport without a permit in writing issued by the manager. The registration certificate issued by the Federal Aviation Administration must show the names of all owners, if the club is not incorporated; and if incorporated, the aircraft must be registered in the name of the incorporated flying club. If the aircraft is leased, the flying club shall also furnish the manager the names of the lessees of the aircraft. A membership roster of the flying club shall be made available to the manager upon demand. Each flying club, when applying for a permit, shall file with the manager and keep up-to-date a list with the names and addresses of its board of directors, its lessors (if the aircraft is leased), its corporation papers or partnership agreement, and bylaws or regulations governing the flying club's operation.

(Ord. 81-06-450 § 3(U), 1981)

No person shall tow a glider when the towing is for the purpose of taking off, until the manager determines that it may be done without interfering with the normal operations of the airport.

(Ord. 81-06-450 § 4(J), 1981)

Parachute jumping, operation of airships, balloons, motorless aircraft, kites, unmanned rockets, and any other flying apparatus, is prohibited within the airport boundaries without prior written permission from the manager.

(Ord. 81-06-450 § 4(K), 1981)

Airport tenants shall not make structural, decorative or sign changes except with prior written permission from the city administrator.

(Ord. 81-06-450 § 3(Q), 1981)

A. Garbage, papers, refuse or other material shall be placed in suitable receptacles provided for that purpose, or immediately removed from the airport.

B. All tenants shall provide for the removal of their trash and rubbish from airport property.

C. Junked aircraft, parts, materials and equipment shall be disposed of or stored in such a manner as to prevent them from being unsightly or a hazard. The manager may determine what is properly stored or unsightly.

D. Airport tenants shall use only covered trash containers. Only areas so designated by the manager shall be used for trash or garbage containers. Such areas shall be kept orderly, clean and sanitary.

E. The process of doping shall not be carried on in any building except those specifically approved by the city fire chief for that purpose.

F. Hangar entrances shall be kept clean to permit ready egress or access to or from such buildings in case of fire or other emergencies.

G. All buildings shall be kept clean inside and out.

(Ord. 81-06-450 § 6(F), 1981)

A permit, license or agreement from the city is required for the installation of vending machines, unless the machines are wholly within leased areas of an airport tenant, and the electrical, janitorial and other necessary services are provided by the tenant.

(Ord. 81-06-450 § 3(S), 1981)

All fire lanes, roads, emergency gates, driveways and entrances shall be kept clear of unattended vehicles or aircraft at all times.

(Ord. 81-06-450 § 5(F), 1981)

All vehicles shall load and unload only at locations designated by the manager.

(Ord. 81-06-450 § 5(E), 1981)

No person shall operate a vehicle of any kind at the airport in a reckless or negligent manner. Vehicle operators shall comply with all posted speed limits.

(Ord. 81-06-450 § 5(C), 1981)

Vehicles shall be operated on the airport in strict accordance with the motor vehicle laws of the state and the provisions of this chapter.

(Ord. 81-06-450 § 5(A), 1981)

A. Operation of vehicles at an airport is a privilege that may be denied by the manager for any infraction of an airport regulation.

B. All vehicles shall pass to the rear of taxiing aircraft.

C. No person shall operate any vehicle which is overloaded or carrying more passengers than the vehicle was designated for.

(Ord. 81-06-450 § 5(H), 1981)

No person shall operate a vehicle of any kind at the airport unless in possession of a valid operator's license issued by an appropriate political jurisdiction or governmental agency of the United States or a foreign country.

(Ord. 81-06-450 § 5(J), 1981)

No vehicle shall be operated closer than fifty feet to any aircraft while the aircraft or its engines are in motion.

(Ord. 81-06-450 § 5(M), 1981)

No person shall park a vehicle at the airport:

A. In excess of the time limit prescribed for that particular parking area, unless an extension is granted by the manager;

B. So as to obstruct emergency access to or from any aircraft hangar;

C. In any loading zone, restricted, no-parking, reserved or rental-car area;

D. In an area where payment for parking is required, without paying the required fee; or

E. Except in a manner and at locations designated by the manager.

(Ord. 91-12-593 § 11, 1991; Ord. 81-06-450 § 5(L), 1981)

No person shall repair any vehicle, except an aircraft, at the airport other than in those areas specifically designated or approved for such purposes, except minor repairs necessary to remove a vehicle to such approved area.

(Ord. 91-12-593 § 12, 1991: Ord. 81-06-450 § 5(G), 1981)

The manager may remove or cause to be removed from any public area of the airport any vehicle which is disabled, abandoned, parked beyond the prescribed time limit, illegally or improperly parked, or which creates an aircraft operational problem. All costs incurred for the removal of any vehicle shall be paid for by the vehicle owner. The city shall not be liable for damage to or loss of personal property from any such vehicle.

(Ord. 81-06-450 § 5(K), 1981)

No aircraft shall be serviced with oxygen or have its oxygen bottle replaced while the aircraft's engine is operating, or while it is parked in a hangar or enclosed area.

(Ord. 81-06-450 § 4(N), 1981)

Fuel trucks shall be positioned so as to effect their immediate removal in the event of an emergency.

(Ord. 81-06-450 § 5(I), 1981)

All regulations and recommendations of the California Industrial Safety Division, the National Fire Protection Association, the Uniform Fire Code and the Federal Aviation Administration shall be adhered to with regards to fueling and handling of flammables.

(Ord. 81-06-450 § 4(O), 1981)

The provisions of this chapter shall be interpreted so as to supplement and not conflict with the Uniform Fire Code, as adopted by the city, and any rule of the California Industrial Safety Division, the National Fire Protection Association, or the Federal Aviation Administration.

(Ord. 81-06-450 § 6(A), 1981)

All airport buildings, equipment and storage areas shall be maintained in an orderly and safe condition, and shall be open to inspection by the fire chief at appropriate times. All recommendations issued by the fire chief shall be complied with by all tenants and personnel without undue delay.

(Ord. 81-06-450 § 6(B), 1981)

All tenants, lessees and sublessees of airport property shall supply and maintain adequate and readily accessible fire extinguishers that are approved by the National Fire Protection Association. The fire chief may designate the location of these extinguishers. No person shall remove or cause to be removed from its holder, container, reel or bracket any equipment or device used in fire protection, except in case of an emergency, fire, or maintenance. Use of such equipment shall be immediately reported to the manager.

(Ord. 81-06-450 § 6(C), 1981)

A. Smoking or open flames shall be prohibited in the following locations:

1. Places with posted signs prohibiting smoking;

2. On ramps or aprons; and

3. Within fifty feet of aircraft, fuel trucks, fuel storage, or fuel-loading stations.

B. No person shall conduct any open-flame operation in any building, except those specifically approved for such use by the fire chief.

C. Open flames, naked lights, blowtorches, heaters, welding or other sources of ignition shall not be permitted within a distance of one hundred feet from any fuel storage, filling or draining operations, and shall be allowed only in those areas designated for such use by the fire chief.

(Ord. 91-12-593 § 13, 1991; Ord. 81-06-450 § 6(D), 1981)

A. No persons shall keep, store or discard any flammable liquids, gases, signal flares or other similar material in any building at the airport except in receptacles approved for such storage by the fire chief.

B. No cylinder or flask of compressed flammable gas shall be kept or stored except in a place or manner designated by the fire chief.

C. No fuel shall be stored aboveground, or brought onto the airport except by persons duly authorized by the city council, except in emergency situations, at which time when authorized by the manager.

D. No aircraft shall be drained of fuel while in a hangar or other enclosed place.

E. All fuel farms and fuel trucks shall be kept clean and free of excess gasoline, grease, and other flammable liquids, solids or gases.

(Ord. 81-06-450 § 6(E), 1981)

Any person violating any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not to exceed five hundred dollars, or by imprisonment for a period not exceeding six months, or by both such fine or imprisonment.

(Ord. 81-06-450 § 8, 1981)