§ 7-3. General regulations.
(1)
Applicability, conditional use of airport, and release of city from liability for damages.
(a)
Any permission granted directly or indirectly, expressly or by implication, to any entity to enter upon or use the airport (including aircraft operators; vehicle operators; aircraft crewmembers and passengers; spectators and sightseers; occupants of private and commercial vehicles; officers, employees, and customers of commercial aviation operators and airport tenants; entities doing business with the city, its contractors, subcontractors, and licensees; and all other persons or entities whatsoever) is conditioned upon:
1.
Assumption of responsibility for their own actions by every entity exercising or taking advantage of such permission; and
2.
Full and complete compliance with this chapter 7, operating directives, the minimum standards, and all applicable regulatory measures.
(b)
Each such entity shall at all times release, hold harmless, and indemnify the city, airport, representatives, officers, officials, employees, agents, and volunteers from any and all responsibility, liability, loss or damage that may result to any entity, be caused by or on their behalf and/or incident to or arising out of the manner in which the airport is operated, constructed, maintained, served, or used.
(c)
The city assumes no responsibility for any loss, injury, or damage to persons or property by reason of fire, theft, vandalism, wind, flood, earthquake, collision, strikes, war, act of terrorism, or act of God nor does it assume liability for injury to persons while at the airport. The direct or indirect grant of permission to use the airport in conformance with this chapter 7 shall in no event constitute a waiver of sovereign immunity as may apply to the city in accordance with the laws of the State of Florida.
(d)
Entry upon or into the airport by any person shall be deemed to constitute an agreement to comply with this chapter 7.
(2)
Use generally; authority of manager.
(a)
Any permission granted by the city manager or the airport manager, directly or indirectly, expressly or by implication, to any entity to enter or use the airport or any portion of it is conditioned upon compliance with this chapter 7 and payment of any applicable rates and charges imposed by the city.
(b)
The airport manager may suspend operations at the airport, in whole or in part, and may close the airport when necessary to avoid endangering persons or property. Such suspension or closing may restrict or prohibit access to movement areas and operational areas of the airport, including pedestrian access. The airport manager may issue a NOTAM in connection with temporary airport closure.
(c)
The airport manager may allow operations to resume, permit access to movement areas and operational areas, including pedestrian access, and reopen the airport when such use is determined to no longer endanger persons or property.
(d)
The airport manager may designate aircraft and motor vehicle parking areas at the airport.
(e)
The airport manager may promulgate operating directives for the safety and security of the airport.
(f)
The airport manager may close the airport for special events held by the city, subject to FAA approval.
(3)
Reserved.
(4)
Enforcement. All sworn police officers of the city may enforce the provisions of this chapter 7 at the airport, and make arrests of persons violating the same. The airport manager has authority to take such actions as may be necessary to safeguard the public in attendance at the airport, as well as all facilities under his/her control. All persons employed at or using the airport shall cooperate with the airport manager in enforcing this chapter 7.
(5)
Ejection of persons.
(a)
Any person who violates any rule or regulation specified in this chapter or any reasonable order or instruction issued under lawful authority may be immediately ejected from the airport.
(b)
Violations of this chapter 7, of any operating directive, or of any rule, regulation, order, or instruction issued by the city may result in withdrawal of permission by the city to use the airport and may be considered a lease default.
(6)
Right of inspection. The airport manager shall have the right at all reasonable times to inspect all areas under lease to or occupied by airport tenants.
(7)
Security.
(a)
All persons using the airport shall comply with airport security procedures as established by an operating directive and all applicable federal statutes, regulations and security directives of the Transportation Security Administration.
(b)
No person shall in any way tamper with, interfere, disable, circumvent, or destroy any lock, gate, door, or security device at the airport.
(8)
Commercial aviation operators.
(a)
No entity shall occupy or rent space or conduct any business, commercial enterprise, or activity, or other form of revenue producing activity at the airport, without first completing an application and subsequently obtaining a written contract, permit, or other form of written authorization from the city.
(b)
Entities engaging in commercial aviation operations shall adhere to the minimum standards.
(c)
No entity shall engage in a commercial aviation operation within the confines of the airport without previously having secured and paid for all licenses and permits, and paid all taxes required by the city or any other regulatory agency.
(d)
Entities basing or otherwise maintaining an aircraft at the airport shall not permit said aircraft to be used for a commercial aviation operation unless such commercial aviation operation meets all applicable requirements and is expressly authorized by the airport manager.
(9)
Independent operators and TTF.
(a)
Independent operators shall be duly licensed and certified as required for all work performed at the airport, maintain the required insurance, and fully comply with the provisions of this chapter 7.
(b)
Independent operators shall not conduct any business, commercial enterprise or activity, or other form of revenue producing activity at the airport without first completing an application and subsequently obtaining written authorization from the airport manager.
(c)
TTF operations are prohibited, except as specifically approved by the city in an access permit or similar agreement, specifying the conditions of access and compensation to be paid to the city.
(10)
Obstruction of airport use or operation.
(a)
No person shall obstruct, impair or unreasonably interfere with the safe, orderly and efficient use of the airport by any other person, vehicle, or aircraft.
(b)
No person shall throw, shoot or propel any object at an aircraft.
(c)
No person shall create glare or other visual disturbance that might interfere with pilots or endanger aircraft operations.
(d)
No person shall tamper with any aircraft without the aircraft owner's or aircraft operator's permission.
(e)
No person shall point any laser at an aircraft with the intent to interfere with or endanger aircraft operations.
(f)
No person shall knowingly, recklessly or negligently cause debris to be left within the aircraft operating area in such manner as may pose a risk to the operation of any aircraft. All persons with access to the aircraft operating area shall keep the same clear of FOD by collecting and disposing of debris in covered containers to prevent potential engine intake or damage to aircraft, or by notifying the airport administrative office.
(11)
Hazardous waste and materials.
(a)
No entity shall store, keep, handle, use, dispense, discharge, or transport at the airport any hazardous material in contravention of any regulatory measure.
(b)
Proper permits relating to hazardous materials and hazardous substances shall be obtained from the appropriate agencies; and copies shall be filed with the fire department.
(c)
Material safety data sheets (MSDS) for all hazardous materials shall be maintained on site and be readily available to emergency responders in the event of an emergency and for review by the airport manager and fire department personnel.
(d)
No fuels, oils, dopes, paints, solvents, acids, or any other hazardous substance shall be disposed of or dumped in drains, on ramps, catch basins, ditches, or elsewhere on the airport.
(e)
Any entity who experiences overflowing or spilling of hazardous material or substance anywhere at the airport shall be responsible for the immediate cleanup of the spill, proper disposal of the substance, and notification to the airport administrative offices, the proper regulatory agencies and the fire department.
(f)
In the event a hazardous spill occurs, the entity shall take appropriate action in the containment, clean up, and rehabilitation of such hazardous spill.
(12)
Compliance with fire regulations.
(a)
Entities engaged in any activity at the airport shall comply with the fire code and all other applicable rules and regulations.
(b)
Entities shall comply with all directives issued by the fire marshal regarding the removal of fire hazards, arrangement or modification of vehicles or equipment, and modifying any procedure that the airport manager considers to be a fire hazard so that it no longer poses a fire hazard.
(13)
Painting. Doping processes, application of chemical solvents in preparation for painting, paint stripping, sanding and painting of aircraft, and other similar processes shall be performed only in those facilities approved for such activities by the city and shall be conducted in compliance with all local, state, and federal health and safety regulations, pollution control regulations, and storm water regulations. Shelters, T-hangars, corporate hangars, box hangars, tie-down areas and ramps are not authorized areas for these activities.
(14)
Aircraft washing.
(a)
Aircraft cleaning shall only be performed in areas approved by the airport manager and must be performed in accordance with the stormwater pollution prevention plan (SWPPP).
(b)
All aircraft cleaning shall be accomplished with biodegradable soap, and without the use of solvents or degreasers.
(c)
Wash water resulting from wet washing shall be processed through an oil-water separator system or into a containment tank before being discharged to the sanitary sewer system.
(d)
Aircraft, aircraft engines, and aircraft parts may be dry washed in areas not having an oil/water separator.
( Ord. No. C-16-15 , § 1, 8-16-16)