Yolo County Municipal Code Art. 10 Violations: Penalties: Rules: Rulemaking

Any person who violates any provision of this chapter shall be guilty of a misdemeanor on each day during which such violation occurs and, upon conviction, shall be punished by imprisonment in the County Jail for a period not to exceed six (6) months, or by a fine not to exceed Five Hundred and no/100ths ($500.00) Dollars, or by both such fine and imprisonment. (§ 1, Ord. 773, eff. April 14, 1977)

The Board hereby is authorized to promulgate by resolution any rules or regulations necessary or convenient in the discretion of the Board to effectuate the provisions of this chapter. Such rules shall concern the details of subjects regulated by this chapter, and shall be designed to realize the legislative intent of such regulations. Such rules may be adopted pursuant to the procedure required for the adoption of resolutions, shall become effective on the effective date of resolutions, and shall be prospective in application. (§ 1, Ord. 773, eff. April 14, 1977)

Upon any violation of any provision of this chapter or any rule or regulation adopted pursuant to Section 4-5.1002 of this article by any person, the Airport Director may file an application with the Clerk of the Board in the manner set forth in Section 2-1.303 of Article 3 of Chapter 1 of Title 2 of this Code, requesting the Board to impose sanctions pursuant to this article. (§ 1, Ord. 773, eff. April 14, 1977)

If the Board after a hearing finds that any provision of this chapter or any rule or regulation adopted pursuant to Section 4-5.1002 of this article has been violated, the Board hereby is authorized to impose the following sanctions:

(a) Fixed base operators. If the violation was committed by a fixed base operator, the lease or contract of such fixed base operator shall be rescinded or otherwise terminated as provided in the lease or contract or, if not so provided, as provided by the Board in its order.

(b) All others. If the violation was committed by a person other than a fixed base operator, the Board by its order may permanently forbid the use of the airport by such person.

The sanctions set forth in this section shall be cumulative to any other penalty imposed by law or this chapter. The power granted to the Board by this section expressly is intended and shall include the power to impose lesser sanctions included within those set forth in this section, which, in the discretion of the Board are proper in the circumstances. (§ 1, Ord. 773, eff. April 14, 1977)

Before any sanction authorized by Section 4-5.1004 of this article is imposed, the Board shall conduct a hearing pursuant to the procedure for such hearings set forth in Sections 2-1.301 through 2-1.311 of Article 3, entitled “Rules Governing Conduct of Judicial or Quasi-Judicial Proceedings”, of Chapter 1 of Title 2 of this Code. The decision after such hearing shall be final; provided, however, the Board by its order may retain jurisdiction of the proceedings, continue the hearing, and issue such interim orders as the Board deems appropriate in the case. (§ 1, Ord. 773, eff. April 14, 1977)

(a) The Airport Director hereby is authorized to issue a cease and desist order at any time he has reasonable cause to believe that a violation of any provision of Articles 3, 5, or 6 of this chapter, or any rule or regulation adopted pursuant to this chapter, has occurred or is occurring.

(b) Such order shall be served upon the person committing such violation, and a copy shall forthwith be filed with the Clerk of the Board, along with an application requesting the Board to impose sanctions pursuant to the provisions of Sections 4-5.1003 through 4-5.1005 of this article.

(c) The cease and desist order shall be effective until the Board holds a hearing on the application for sanctions and shall specifically forbid the conduct constituting the violation. Such hearing shall be commenced by the Board no later than fifteen (15) days after the date of service of the cease and desist order on the person committing the violation.

(d) The violation of the cease and desist order shall be a separate violation of this chapter.

(e) The Board hereby declares that the standards of conduct set forth in Articles 3, 5, and 6 of this chapter and any rules or regulations adopted pursuant to this chapter are essential for the public health and safety in that such standards regulate aspects of airport operations which, if conducted negligently, result in substantial danger to the residents of the County. Violations of such standards are therefore deemed by the Board to create a very hazardous situation which hereby is deemed to be an emergency which justifies temporary summary abatement by the issuance of a cease and desist order by the Airport Director without a prior hearing. (§ 1, Ord. 773, eff. April 14, 1977)