COUNTY ORDINANCE NUMBER 3347 (Please Note: This copy of the ordinance is not a true copy of the ordinance; this is a computer scanned version of a true copy of the ordinance.) ORDINANCE NO. 3347 ORDINANCE ESTABLISHING AIRPORT RULES AND REGULATIONS The Board of Supervisors of the County of Mendocino do ordain as follows: CHAPTER 8.64 AIRPORT RULES AND REGULATIONS "Section 8.64.010. Application. (A) The following rules and regulations are applicable to public use of airports operated and maintained by the county of Mendocino. All persons using said airports shall be subject to, and governed by, these rules and regulations; administra- tive rules and regulations as may be adopted by resolution of the Board of Supervisors; all County Ordinances; State and Federal law; and regulations of the Federal Aviation Agency, (B) The Airport Manager shall enforce the rules and regulations. Requests for review of a decision of an Airport Manager shall be made in writing to the Director of Public Works. An appeal of a decision of the Director of Public Works may be made, in writing, to the Board of Supervisors. The ruling of the Board of Supervisors shall be final. Section 8.64.020. Definitions. (A) "County" means the County of Mendocino, a political subdivision of the State of California. (B) "Airport" means each and every airport and all airport property owned, operated, or controlled by the County of Mendocino. It includes all improvements, facilities and appurtenances. Page C-1/8 Revision 0.2 5-11-2000 C:\winword\airport\appenx-c.doc (C) "Aircraft" means any contrivance used or designed for navigation in the air whether self propelled or not. (D) "Airport Manager" means a person so designated under the terms of a contract with County or an employee of County appointed to a job classification entitled Airport Manager or Airport Supervisor. If no person is designated or appointed Airport Manager, it means the County Director of Public Works. (E) "Based Aircraft" means any aircraft assigned a reserved parking space, tie-down space, or hangar space; whether or not such assignment is made under a written lease with County. (F) "Operate Aircraft" means the self-propelled, pushed, or towed movement of aircraft on the ground; or movement of aircraft in flight. (G) "Maintain Aircraft" means any form of service, maintenance or repair or aircraft. (H) "Owner" means the registered and/or legal owner of an aircraft according to the files of the Federal Aviation Agency. (I) "Person" means individuals, corporate entities, or public agencies. Section 8.64.030. Use of Airport. (A) BUSINESS ACTIVITY - No person, except operators of commercial aircraft on runways and in designated itinerant parking areas shall use an airport in any manner whatsoever for any commercial, profit, gainful or revenue producing purpose, including, without limitation, flight instruction or maintenance of aircraft; without written approval of county. No persons shall solicit funds for any purpose on an airport without written consent of the County Director of Public Works. No person shall distribute, post, or display any commercial or non-commercial signs, circulars, handbills, or advertise-ments on an airport without written consent of the County Director of Public Works. Page C-2/8 Revision 0.2 5-11-2000 C:\winword\airport\appenx-c.doc (B) PARKING OF AIRCRAFT - No person shall park any aircraft in any area not designated for such purpose without prior consent of the Airport Manager. Parked aircraft shall have parking brakes set and/or wheels blocked to prevent movement. Parked aircraft shall be firmly secured to the ground by ropes or other appropriate means when left unattended. No aircraft shall be taxied under its own power into or out of any hangar. Aircraft shall be halted and all engines stopped a minimum of twenty-five (25) feet before entering any hangar. (C) AIRCRAFT PARKING CHARGES - Itinerant and reserved parking of aircraft in designated areas shall be subject to such fees as may be established by resolution of the Board of Supervisors, as may be agreed upon between aircraft owner or operator and County, or as may be established by an Airport Manager pursuant to the terms of said Manager's agreement with County. (D) CHARTER AND AIR TAXI FLIGHT OPERATION CHARGES - Operations of air charter and air taxi operators, including, but not limited to, passengers, freight, express, or cargo carrying movements of aircraft from an airport shall be subject to such fees as may be established by resolution of the Board of Supervisors. (E) FIXED BASE OPERATIONS - A fixed base operator is defined as a person, partnership, corporation, unincorporated association; their assignees or sublesses; which operate a business upon County airports. Fixed base operations shall be permitted at the Mehdocina County Airport at Little River and at the Round Valley Airport pursuant to the terms - and conditions of an agreement between the operator and the Board of Supervisors. The agreement shall require a reasonable fee to be paid to County by the operator. (F) CAR RENTAL OPERATIONS - No person shall operate a car rental service at an airport without approval of the Board of Supervisors. Page C-3/8 Revision 0.2 5-11-2000 C:\winword\airport\appenx-c.doc (G) RENTAL OF HANGARS - Rental of hangars, protective structures, shelters, or reserved parking spaces provided by County shall be subject to such fees as may be established by resolution of the Board of Supervisors or as may be established by an Airport Manager pursuant to the terms of said Manager's agreement with County. (H) INSTALLATION OF PRIVATELY OWNED HANGARS - Individual owners of aircraft may, subject to the terms and conditions of an agreement between said owner and the Board of Supervisors, install portable or relocatable hangars, protective structures or shelters at locations on the airport designated by the Director of Public Works. Applications shall be submitted in writing to the Director of Public Works. The Board of Supervisors may deny the application if it is determined that the requested installation would not be compatible with efficient and secure operation of the airport as a public facility or if the requested application would not be in the best public interest. (I) SALE OF AVIATION FUELS - No person, firm or corporation shall bring, store, use, or distribute aviation fuel or lubricants on an airport except as may be authorized by County. County shall be the sole distributor of aviation fuel at an airport or shall provide by contract for the manner of distri- bution. (J) NON-PROFIT, NON-COMMERCIAL FLYING CLUBS - Non-profit, non-commercial flying clubs shall be subject to the same user fees as owners and operators of non-commercial aircraft. (K) TRASH AND DEBRIS REMOVAL - All persons using an airport shall be responsible for the cleanliness of their respective area and for the removal of all trash and debris originating from said persons use of a designated airport area. (L) REPORT OF DAMAGE - Any damage to, or malfunctioning of buildings, structures, utilities, traffic control devices, or other airport property shall be promptly reported to the Airport Manager. Page C-4/8 Revision 0.2 5-11-2000 C:\winword\airport\appenx-c.doc Section 8.64.040. Operation of Aircraft (A) COMPLIANCE WITH LAWS AND REGULATIONS - No person shall operate or maintain any aircraft at an airport except in strict conformity with all ordinances, rules, and regulations of County, State and all applicable regulations of the Federal Aviation Agency. (B) LANDING AND TAKE-OFF - All aircraft shall land and take-off only on designated runways. (C) ENGINE STARTING AND RUN-UPS - No aircraft engine shall be started or run-up in any hangar or when the aircraft is tailed toward hangar doors or positioned in such a manner as to constitute a danger to persons or property. All engine run-ups and tests shall be performed only in areas and at such times as shall be designated by the Airport Manager. No engine affixed to an aircraft shall be started or operated unless a qualified aircraft operator is in the aircraft attending to the controls. (D) TAXIING OF AIRCRAFT - Aircraft shall be taxied at all times at a slow and reasonable speed, in a safe manner, and under control of a qualified aircraft operator. Except as may be specifically directed otherwise, all aircraft operators shall taxi at their own discretion. Section 8.64.050. General. (A) DAMAGE TO AIRPORT - Any person causing damage to an airport or any airport property shall be responsible for the cost of repair or replacement. All damage shall be promptly reported to the Airport Manager. (B) DAMAGED AIRCRAFT - Witnesses to and participants in any accident or damage to aircraft occurring at an airport shall promptly make a full report of such damage or accident to the nearest Federal Aviation Agency Safety Officer and to the Airport Manager. Aircraft operators, owners, or their agents shall be responsible for, and shall Page C-5/8 Revision 0.2 5-11-2000 C:\winword\airport\appenx-c.doc cooperate and assist in the prompt removal of damaged aircraft parts, property, or debris resulting from any accident, provided, however, that the Airport Manager or officials of the Federal Aviation may prohibit the movement or removal of any damaged aircraft or property. (C) DAMAGE TO PROPERTY - No person shall destroy or damage any building, structure, facility, sign, marker, tree, flower, shrub, lawn, or other property on an airport, except in connection with a County authorized encroachment or in connection with airport construction, reconstruction or maintenance of the facilities by County. (D) USE OF ROADS AND WALKS - No person shall operate any vehicle or travel on an airport in any manner except on roads, walks, paths, and areas provided for the particular means of travel. No obstructions shall be permitted on any road, walk, or path without written approval of County. (E) FIREARMS - No person except peace officers, authorized federal, state, or County employees, or members of the armed forces of the United States on official duty shall carry firearms or explosives on an airport without prior consent of the Airport Manager. No person shall hunt, conduct target practices or discharge firearms on an airport. (F) ANIMALS - No person shall enter the runway area of an airport with any animal. Animals may be permitted in other areas of an airport if restrained by leash or confined in such manner as to be under control. Section 8.64.060. Fire Safety Regulations. (A) All persons Using an airport for any reason shall comply with all fire safety regulations administered by responsible federal, state or County agencies. Page C-6/8 Revision 0.2 5-11-2000 C:\winword\airport\appenx-c.doc Section 8.64.070. Liability. (A) ASSUMPTION OF LIABILITY - The privilege of using an airport and its facilities is conditioned upon the assumption of full responsibility, liabillty, and risk by the user thereof; and the County of Mendocino, its agents and employees, shall not be liable for loss, dainage, or injury to persons or property arising out of any accident, of any nature whatsoever, or from any cause whatsoever including, but not limited to fire, theft, vandalism, wind, flood, earthquake, colllsion, or act of God. Section 8.64.080. Penalty. (A) Any person operating, using, or handling any aircraft, vehicle, equipment, or apparatus, or using an airport or any of its facilities in violation of these rules and regulations or who refuses to comply therewith, shall be subject to immediate removal by the Airport Manager and may be permanently deprived of any further use of an airport or its facilities for such length of time as may be required to insure the safe- guarding of the airport and the public. (B) Any person operating, using, or handling any aircraft, vehicle, equipment or apparatus, or using an airport or any of its facilities in violation of these rules and regulations or who refuses to comply therewith, is guilty of an infraction and shall be punished as follows: (1) by a fine not exceeding $50.00 for the first violation; (2) by a fine not exceeding $100.00 for a second violation of the same ordinance within one year; and (3) by a fine not exceeding $250.00 for each additional violation of the same ordinance within one year. Page C-7/8 Revision 0.2 5-11-2000 C:\winword\airport\appenx-c.doc PASSED AND ADOPTED by the Board of Supervisors of the County of Mendocino, State of California, on this 7th day of July, 1981, by the following roll call vote: AYES: Supervisors Crofoot, Hamburg, Cimolino, de Vall, Eddie NOES: ABSENT: WHEREUPON, the Chairman declared said ordinance passed and adopted and SO ORDERED. (Stamped: James Eddie) Chairman, Board of Supervisors ATTEST: ALBERT P. BELTRAMI Clerk of said Board By (S: Ellen Young) Deputy Clerk APPROVED AS TO FORM: (S: John Drummond) JOHN A. DRUMMOND County Counsel Page C-8/8 Revision 0.2 5-11-2000 C:\winword\airport\appenx-c.doc