Watsonville Municipal Code Art. 1 General Conditions

For the purposes of this chapter, the following words shall have the following meanings:

(a) “Aircraft” shall mean any contrivance now known or hereafter invented, used, or designed for the navigation of or flight in the air.

(b) Airport Areas.

(1) “Airport” shall mean the area within the airport property line on the airport layout plan.

(2) “Airport operation area” or “AOA” shall mean the area within the building restriction line on the airport layout plan.

(3) “Field area” shall mean the area on the airport outside of the AOA on the airport layout plan.

(c) “Airport hazard” shall mean any structure, object of natural growth or use of land, which obstructs the air space required for flight of aircraft in landing or takeoff which is otherwise hazardous to the landing and takeoff.

(d) “Airport layout plan” shall mean the most recent airport layout plan in effect for the Watsonville Municipal Airport, filed and approved by the United States Department of Transportation, Federal Aviation Administration.

(e) “Airport Manager” shall mean that person, or his authorized assistant, designated by the City Manager to administer the operations of aviation facilities owned and/or operated by the City.

(f) “Business activity” shall mean activities ordinarily conducted for the current or future production of income or gain, including but not limited to the activities of a fixed-base operator.

(g) “Fixed-base operator (FBO)” means a person engaged in the commercial sales, service, renting, leasing or chartering of new or used aircraft, air carrier and air taxi operations; the commercial sales and service of aircraft parts, avionics, instruments, equipment, accessories and hardware; custom repair, overhauling, and modification of general aviation aircraft and aircraft equipment; conduct of charter flight service, aerial photography and flight schools; pilot training; sale of aviation petroleum products; repair, maintenance, rebuilding, alteration or exchange of aircraft engines, components or other parts.

(h) “Hazardous material” means any substance defined as a hazardous material by laws and regulations administered by the U.S. Environmental Protection Agency (EPA), the U.S. Occupational Safety and Health Administration (OSHA), the U.S. Department of Transportation (DOT), or the U.S. Nuclear Regulatory Commission (NRC).

(i) “Lease” shall mean a contract, granting use or occupation of a defined portion of the airport, for a specified term of one (1) month or more, subject to conditions and pursuant to terms, in exchange for a specified rent. All leases shall be approved by resolution of the Council to be effective.

(j) “Operation of aircraft” shall mean any person taxiing, flying, hand-propping or sitting at the controls of an aircraft under power or while the aircraft is moving or a person who has rented an aircraft for the purpose of operation by him/herself or an agent.

(k) “Operator” shall mean the person, firm or corporation in possession of an aircraft or vehicle or any person who has rented such for the purpose of operation by him/herself or an agent.

(l) “Owner” shall mean a person, persons or entity who is listed as owner on the Federal Aviation Administration aircraft registry, or in the event that the aircraft is the subject of a conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement, and with the immediate right of possession vested in the conditional vendee or lessee or in the event a mortgagor of an aircraft is entitled to the possession, then the conditional vendee, lessee or mortgagor shall also be deemed the owner for the purpose of this chapter.

(m) “Permit” shall mean an aircraft storage permit or event permit. The Airport Manager may, in his or her reasonable discretion, refer the decision on a particular permit to the City Council.

(1) “Aircraft storage permit” shall mean a document executed by the Airport Manager authorizing a person to store aircraft in a certain hangar or tie-down space at the airport on a month-to-month basis under specified conditions.

(2) “Event permit” shall mean a document executed by the Airport Manager authorizing a person or persons to conduct a specified activity at the airport in a certain place during a particular time period or interval under specified conditions.

(n) “Permittee” means a person who lawfully has authority under a permit.

(o) “Tenant” means a person who has a lawful right under a lease to occupy space at the airport.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

The Airport Manager is authorized to:

(a) Enforce or seek enforcement of the provisions of this chapter, all other local ordinances, State or Federal laws affecting the airport or airport operations.

(b) Promulgate, administer and enforce regulations as “airport regulations” not inconsistent with this chapter.

(c) Issue permits.

(d) Record the number, size and kind of aircraft using the airport for purposes of determining the FAA’s required aviation operations forecast.

(e) Examine the aircraft registration, airworthiness certificate and insurance documentation of an owner or operator of any aircraft for purposes of enforcing this chapter.

(f) Assign locations for aircraft.

(g) Order any aircraft improperly located to change its position to such a one (1) as he may reasonably designate; and in case his orders are not complied with, to cause such aircraft to be so moved and to collect the cost thereof from said aircraft, the operator or owner thereof.

(h) Report promptly to the proper authorities any violation of the laws of the United States for the protection of aeronautics and any violation of the State or local laws or ordinances.

(i) Seek removal or report anything that is or might become obstructive or dangerous to aeronautics or a menace to public health or safety, including but not limited to any airport hazard.

(j) Take such other lawful action, not inconsistent with this chapter, as may be necessary and appropriate to regulate the operation of aircraft; and to control, police, and regulate activities at the airport.

(k) To inspect all areas of the airport under permit or lease or otherwise occupied by any person or aircraft.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

(a) As a condition to use of the airport, all persons using the airport shall comply with all State and Federal laws, including but not limited to Title 14 CFR (Aeronautics and Space) as promulgated by the Federal Aviation Administration and Title 21 (Airports and Heliports) of the California Code of Regulations (CCR) as promulgated by the Department of Aeronautics of the California Department of Transportation.

(b) Where a conflict exists between this chapter and any other law, the more stringent law shall control.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

The airport shall be open for public use during day and night hours as determined from time to time by the Airport Manager, who may also close the airport in the interest of safety, in accordance with FAA laws and regulations and Notice to Airmen (NOTAM) procedure.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

(a) Any person causing, or liable for, destruction or any damage to airport property shall pay the City on demand the full cost of repair or replacement.

(b) No person shall destroy, damage, change, obliterate, deface or disturb any building, sign, equipment, marker or other structure, tree, shrub, flower, lawn or seeded area on the airport.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

It is unlawful for any person to willfully abandon any personal property on the airport. A person has abandoned personal property when it remains unattended and without written permission of the Airport Manager for a period of ten (10) days or more.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

(a) Except when authorized by the City Manager and permitted by the City Fire Marshal, no person shall, on the airport, possess, store or use either safe and sane or dangerous fireworks as those terms are used in Chapter 4-3.

(b) No person, except law enforcement officers, or members of the United States armed forces on official duty, may possess any unauthorized explosive on the airport.

(c) Except when carried by a law enforcement officer or individual with a valid carry license pursuant to Federal and State statutory and regulatory law, any pistol, revolver or other firearm capable of being concealed upon a person must be unloaded and stored in a locked container. The term “locked container” means a secure container which is fully enclosed and locked by a padlock, key lock, combination lock, or similar locking device. Nonconcealable firearms (rifles and shotguns) are not required to be transported in a locked container and must be unloaded while they are being transported.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015, as amended by § 1, Ord. 1356-17 (CM), eff. October 12, 2017)

(a) Use of airport by a permittee or tenant shall, to the fullest extent, be conditioned on assumption of risk, release of liability, and indemnification by such permittee or tenant.

(b) Tenants and permittees shall be required to release and hold harmless the City, its elected and appointed officials, officers and employees and agents from any claim, injury, damage, liability or loss, except as may be due to the City’s sole negligence.

(c) Tenants and permittees shall be required to indemnify the City and its elected and appointed officials, officers, employees and agents against claims of third persons arising out of or related to use of the airport by such tenant or permittee, except as may be due to the City’s sole negligence.

(d) The City, its appointed and elected officials, officers, agents and employees shall not be liable for any loss, damage or injury to persons or property arising out of any accident, incident, or mishap of any nature whatsoever or from any cause whatsoever to any person, aircraft, or property occurring on the airport or in the use of any of the airport facilities, except as may be due to the City’s sole negligence.

(e) All tenants and permittees shall obtain and maintain insurance coverage for liability, with the City being named in the policies as an additional insured. Amounts of coverage shall be set at levels required by the City’s Risk Manager.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

No person shall smoke within fifty (50') feet of the fuel island and fuel farm or within a hangar.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

It shall be unlawful for any person to:

(a) Dispose of garbage, papers, refuse or other material on the airport except in receptacles provided for that purpose.

(b) Vandalize, deface or destroy any public property on the airport.

(c) Conduct solicitation or panhandle on the airport.

(d) Misuse, abuse or place any foreign object in any plumbing fixture of a public toilet, terminal building, hangar or other building on the airport.

(e) Place, erect, or cause to be placed or erected signs or structures without prior written approval of the Airport Manager.

(f) Alter, make additions to, or erect any building or sign or make any excavations on the airport without the permission of the Airport Manager.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

The flying of radio controlled or remotely controlled aircraft within the airport is prohibited without an events permit.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)

(a) It is unlawful for any person to enter the airport with a dog or other domestic animal unless that animal is kept restrained by a leash or is confined so as to be completely under control.

(b) It is unlawful for any person to hunt, pursue, trap, catch, injure or kill any bird or animal on the airport without authorization of the Airport Manager except pest control extermination in furtherance of maintaining sanitation within leased or permitted facilities.

(§ 1, Ord. 1318-15 (CM), eff. July 23, 2015)