Tracy Municipal Code Art. 1 Definitions

For the purposes of this chapter the following definitions shall apply:

(a) "Abandoned aircraft, vehicles and/or property" means property found at the airport in a location where the owner likely intended to leave it, but is in such a condition that it is apparent that the owner has no intention of returning to claim it.

(b) "Accident" means an occurrence associated with the operation of an aircraft which takes place between the time any person boards the aircraft with the intention of flight and until such time as all such persons have disembarked, and in which any person suffers death or serious injury, or in which the aircraft receives substantial damage. All aspects of the exceptions to substantial damage (see "Substantial Damage") should be considered before making a final substantial damage determination that would classify the occurrence as an accident.

(c) "Aeronautical activity" means any activity that involves, makes possible, facilitates, is related to, assists in or is required for the operation of an aircraft or airport or which contributes to, or is required for, the safety of aircraft and/or airport operations.

(d) "Agreement," or "Permit" means a written contract, executed by both parties, and enforceable by law between the City and an individual or entity granting a concession, transferring rights or interest in land and/or improvements, and/or otherwise authorizing and/or prohibiting the conduct of certain activities. Such agreement will recite the terms and conditions under which the activity will be conducted at the airport including; but not limited to, the term of the agreement, rents, fees, and charges to be paid by the individual or entity; and the rights and obligations of the respective parties. Examples include, but are not limited to, commercial aviation permits and hangar and tie-down lease agreements.

(e) "Aircraft" means any contrivance now known or hereafter invented which is used or designed for navigation of or flight in air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. This includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, helicopters, gliders, gyrocopters, ground-effect machines, sailplanes, amphibians, ultra-lights, light sport and seaplanes.

(f) "Airplane" means, more specifically, an engine-driven, fixed-wing aircraft heavier than air that is supported in flight by the dynamic reaction of the air against its wings.

(g) "Aircraft maintenance" means the repair, maintenance, alteration, preservation, or inspection of aircraft including the replacement of parts and shall be considered either "major repairs" or "minor repairs". "Major repairs" include major alterations to the airframe, powerplant, and propeller as defined in 14 Code of Federal Regulations ("C.F.R.") Part 43. "Minor repairs" include normal, routine annual inspection with attendant maintenance, repair, calibration, or adjustment of aircraft and their accessories.

(h) "Aircraft operator" means a person who uses, causes to be used, or authorizes to be used an aircraft, with or without the right of legal control (as owner, lessee, or otherwise), for the purpose of air navigation including the piloting of aircraft, or on any part of the surface of the Airport.

(i) "Airframe and powerplant mechanic (or "A & P Mechanic")" means a person who holds an Aircraft mechanic certificate with both the airframe and powerplant ratings. This certification is issued by the Federal Aviation Administration ("FAA") under the provisions of 14 C.F.R. Part 65.

(j) "Airport operating area ("AOA") means any area of the airport used or intended to be used for landing, taking-off, or surface maneuvering of aircraft.

(k) "Airport" or "airports" mean each and all of the following airports: Tracy Municipal Airport, located in the City of Tracy, state of California and New Jerusalem Airport, located in the unincorporated San Joaquin county, state of California.

(l) "Airport Manager" means the person appointed to this position by the City Manager, or the Airport Manger's authorized representative.

(m) "Aviation-related activity" means any activity conducted on airport property that provides service and support to airport users. The following are examples of aviation-related activities; they include but are not limited to ground transportation, restaurants, concessions, etc.

(n) "Based aircraft" means any aircraft assigned a reserved tie-down, shelter or hangar space for the majority of the calendar year, whether or not such assignment is made under a written lease with the City.

(o) "City" means the City of Tracy, California.

(p) "Commercial aviation activity" means any aeronautical activity performed with the intent to generate and/or secure earnings, income, compensation (including exchange or barter of goods and services), and/or profit, whether or not such objectives are accomplished.

(q) "Commercial aviation permit or "CAP" means a legal agreement between the City and an individual or entity providing a commercial aviation activity which grants permission to perform such activity on or from the airport property.

(r) "Council" means the City Council of the City of Tracy.

(s) "Derelict aircraft or damaged vehicles or property" means any non-flying aircraft, vehicle, or other property in obvious need of major repairs.

(t) "FAA" means the Federal Aviation Administration.

(u) "Fuel" means any substance (solid, liquid, or gaseous) used to operate any engine in aircraft, e.g., avgas, jet fuel, auto fuel, diesel, and bio-fuel. These fuels may also be used in vehicles or equipment, but only when such usage is appropriate and permitted.

(v) "Fuel handling" means the transportation, delivering, fueling, or drainage of fuel or fuel waste products.

(w) "Hangar" means a fully enclosed, lockable storage space for one or more aircraft.

(x) "Hazardous materials" means any oil, petroleum products, flammable substances, explosives, radioactive materials, wastes, or substances or any other wastes, material or pollutants which pose a hazard to the health and safety of any person on or entering the airport or which are classified as hazardous materials under applicable regulatory measures.

(y) "Incident" means an occurrence other than an accident associated with the operation of an aircraft, which affects or could affect the safety of operations.

(z) "Lessee" or "tenant" means an individual or entity that has entered into an agreement with the City to occupy, use, and/or develop land and/or improvements and engage in aeronautical activities.

(aa) "Movement areas" are the taxiway and runway portions of the AOA.

(bb) "Non-flying aircraft" means an aircraft that has not been utilized, flown or worked on for a period of twelve (12) consecutive months and/or has not been maintained in flyable condition. Aircraft identified as non-flying aircraft need not be in obvious need of major repairs.

(cc) "Operator" means an individual or entity that has entered into an Agreement with the City to engage in commercial aviation activities.

(dd) "Person" means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity.

(ee) "Preventive maintenance" means simple or minor preservation operations and the replacement of small standard parts not involving complex assembly operations.

(ff) "Regulatory measures" means federal, state, and local laws, policies, rules and regulations, all as may be in existence, hereafter enacted, and amended from time to time.

(gg) "Special event" means a specific occasion so arranged or planned for a particular purpose that is in addition to or more than the permitted activities engaged in by an individual (including an operator, lessee or third parties) or entity at the airport pursuant to an agreement.

(hh) "Substantial damage" means damage or failure, which adversely affects the structural strength, performance, or flight characteristics of the aircraft, and which would normally require major repair or replacement of the affected component. Engine failure or damage limited to an engine if only one engine fails or is damaged, bent fairings or cowling, dented skin, small punctured holes in the skin or fabric, ground damage to rotor or propeller blades, and damage to landing gear, wheels, tires, flaps, engine accessories, brakes, or wing tips are not considered substantial damage.

(ii) "Tie-down" means the paved area suitable for parking and mooring of aircraft wherein suitable tie-down points have been located.

(jj) "Transient aircraft" means any aircraft which utilizes the airport for occasional temporary purposes, generally no longer than ten (10) days, and which is based at another airport and is not assigned a reserved tie-down or hangar at the airport.

(kk) "Transportation Advisory Commission" means the citizens appointed by the Tracy City Council to advise them on transportation matters.

(Ord. No. 1264, § 1, 12-4-2018)