§ 7-5. Aircraft operations.
(1)
Observance of government rules.
(a)
No person shall operate an aircraft to, from, or at the airport other than in conformity with the provisions of the FARs; duly promulgated air traffic rules, directives, orders and instructions of the ATCT; applicable regulations of the state; this Code; the minimum standards; and as prescribed herein.
(b)
No person may operate an aircraft at the airport in a reckless or negligent manner, in disregard of the rights or safety of others, without due caution or circumspection, or at a speed or in a manner which endangers persons or property.
(c)
No person shall operate an aircraft constructed, equipped, or loaded in such a manner as to endanger, or to be likely to endanger, persons or property.
(2)
Hold harmless. Any aircraft owner, aircraft operator, or any of their agents or duly authorized representatives who uses the aircraft operating area or related facilities agrees to release, discharge and hold harmless the city, its city commission, its officers, and its employees from and against liability for any damage which may be suffered by any aircraft or its equipment, and from and against liability for personal injury or death. The use of the aircraft operating area or related facilities shall constitute acceptance of the terms of this provision, this chapter, and other airport standards and operating directives.
(3)
Authorized areas. No aircraft shall land, take off, or taxi in areas other than those authorized by the ATCT, and in no event shall an aircraft enter a grass or unpaved movement area unless authorized by the ATCT. All aircraft shall park upon paved leased property in accordance with the terms of the respective lease unless specific permission is granted by the airport manager and in accordance with this chapter.
(4)
Airworthiness.
(a)
Only aircraft considered airworthy by the FAA or any foreign counterpart or that hold a ferry permit from such agency shall land or take off from the airport and/or use any area of the airport for parking and storage. The airport manager may permit temporary storage for the purpose of obtaining an airworthiness certificate.
(b)
Each aircraft at the airport must carry on board an airworthiness certificate, and a valid registration number must appear on the aircraft's exterior.
(c)
No person shall allow an aircraft that does not carry on board an airworthiness certificate to be in the airport unless the aircraft is actively undergoing renovation or restoration or as otherwise provided in this chapter 7 for aircraft in disrepair.
(d)
Abandoning an aircraft anywhere in the airport is prohibited. The city, at the risk and sole expense of the aircraft owner or aircraft operator, may remove any abandoned aircraft, as defined in F.S. § 705.183(1)(b), as amended, without liability for damage arising from or out of such removal.
(e)
An abandoned or derelict aircraft may be subject to lien and removal from the airport pursuant to F.S. § 705.183, as amended.
(5)
Aircraft accidents and disabled aircraft.
(a)
Aircraft operators involved in an accident at the airport resulting in any serious injury or death to any person or damage to property shall make a full and prompt report of the accident to the airport manager, complete any necessary report and any necessary forms, and comply with all applicable provisions of the National Transportation Safety Board ("NTSB") Regulations, 49 Code of Federal Regulations, Subtitle B, Chapter VIII, Part 830, as such provision may be renumbered or amended. Aircraft operators shall provide copies of all reports and forms to the airport manager.
(b)
Aircraft or associated aircraft parts involved in an accident at the airport may not be disturbed, moved, or removed from the scene of the accident until authorized by the airport manager, who shall receive authorization to remove the aircraft or associated aircraft parts from the FAA and/or the NTSB, when applicable.
(c)
The pilot(s) and passengers not requiring medical attention shall remain at the scene until it is determined by all agencies investigating the accident that their presence is no longer needed.
(d)
Once authorization to remove the aircraft has been issued, the aircraft operator shall make immediate arrangements to have the aircraft removed at the aircraft owner's or aircraft operator's expense. If immediate arrangements are not made, the city may have the aircraft removed at the aircraft owner's or aircraft operator's risk and expense without liability for damage arising from or out of such removal.
(e)
Containment and cleanup of petroleum spills from an aircraft is considered an integral part of the process of removal of disabled or abandoned aircraft. The airport manager may authorize appropriate licensed firms to clean up petroleum spills without liability to the city at the expense of the aircraft owner or aircraft operator.
(6)
Lien for landing and other fees.
(a)
Pursuant to F.S. § 329.40, the city shall have a lien upon all aircraft landing upon the airport for all charges for the use of the facilities of the airport by such aircraft, when payment of such charges and fees is not made immediately upon demand to the aircraft owner or aircraft operator by the airport manager. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens.
(b)
It is unlawful for any person to remove or attempt to remove any aircraft from the airport after notice of a lien has been served upon the aircraft owner or aircraft operator or after posting of such notice upon such aircraft.
(c)
The city may impound any abandoned aircraft or aircraft involved in an accident or any incident occurring on airport property when damage to city property has occurred in connection with the aircraft. The aircraft shall not be released until damages are assessed by the city, and the aircraft owner or aircraft operator exhibits either written evidence of appropriate and sufficient insurance coverage or makes payment to the city for such damages. If payment is made by check, the aircraft will be released when the check clears for payment. Any charges incurred by the city for storage shall be paid before such release.
(7)
Based aircraft registration.
(a)
All aircraft based at the airport shall be registered with the airport manager. Registration information shall include the following:
1.
Aircraft make and model.
2.
Aircraft registration number.
3.
Aircraft owner name, address, and phone number.
4.
If more than one (1) person or a group of people own the aircraft, the name, address, and phone number of all owners shall be provided to the airport manager. Prime lessees are responsible for registration of all aircraft based on their leased premises.
5.
Proof of liability insurance in accordance with the minimum standards.
(b)
Commercial aviation operators shall register all aircraft based on their leased premises when any such aircraft arrives at the airport.
(c)
Each aircraft owner whose aircraft is based at the airport shall update his/her/its aircraft registration within thirty (30) days of any change in ownership or contact information.
(8)
Aircraft taxiing. No person other than a pilot or mechanic certified by the FAA shall taxi an aircraft on any part of the airport. A certified pilot or mechanic shall be at the controls of an aircraft while an engine of such aircraft is being started or operated. All pilots and mechanics shall obey all pavement markings, signage, and ATCT instructions.
(9)
Aircraft parking and storage.
(a)
Aircraft shall be parked only in those areas designated for such purpose under the authority of the airport manager and shall not be parked or stored in a movement area or positioned in such a manner as to block a runway, taxiway, taxi lane, or obstruct access to hangars, parked aircraft, or parked vehicles.
(b)
Should a person refuse or fail, upon request by the airport manager, to move an aircraft parked or stored in a movement area or positioned in such a manner as to block a runway, taxiway, taxi lane, or obstruct access to hangars, parked aircraft, or parked vehicles, to a location designated by the airport manager, then the aircraft operator or aircraft owner shall incur a fee in the amount of five hundred dollars ($500.00) for the first fifteen (15) minutes, and in the amount of fifty dollars ($50.00) for every fifteen (15) minutes thereafter, that the aircraft remains so parked or stored.
(c)
Unless otherwise provided in an agreement with, or at the express direction of, the city, prime lessee, or authorized FBO, no person shall use any area of the airport for the parking and storage of aircraft.
(d)
Should a person use any area of the airport for aircraft parking or storage without first obtaining the prior written permission of the airport manager, a prime lessee, or authorized FBO, or park or store aircraft in a movement area, or position aircraft in such a manner as to block a runway, taxiway, taxi lane, or obstruct access to hangars, parked aircraft, or parked vehicles, the city may remove and store the aircraft at the expense of the aircraft owner or aircraft operator without liability for damage that may arise from such removal or storage. The aircraft will be impounded until all towing, parking and storage charges and fees have been paid by the aircraft owner or aircraft operator.
(e)
Should a person use any area of the airport for aircraft parking or storage without first obtaining the prior written permission of the airport manager, a prime lessee, or authorized FBO, the city may remove and store the aircraft at the expense of the aircraft owner or aircraft operator without liability for damage that may arise from or out of such removal or storage.
(f)
Aircraft operators shall ensure that parked and stored aircraft are properly secured in accordance with best industry practice and FAA guidance, including without limitation FAA Advisory Circular 20-35C, Tiedown Sense, as the same may be amended.
(g)
Upon request of the airport manager in the event of an emergency or other occurrence presenting risk to the safety or security of the airport or airport users, the operator of any aircraft parked or stored at the airport shall move the aircraft to the location and/or position at the airport identified by the airport manager. In the event the aircraft operator refuses, is unable, or unavailable, the city may move the aircraft to the area at the risk and expense of the aircraft operator without liability for damage that may arise from or out of such movement.
(h)
Major repair or rebuilding of aircraft shall be accomplished inside hangars designated for such purpose.
(i)
All aircraft parked outside shall have the appearance of being whole. Aircraft that is missing components such as wings, empennage parts, landing gear, or doors, or that has tears in the skin or flat tires, are considered to be in a state of disrepair and create an image detrimental to the city and the airport.
(j)
If the aircraft owner or aircraft operator of an aircraft in disrepair fails to provide the airport manager with satisfactory evidence that an open work order is being actively pursued within fourteen (14) days of the request from the city, then such aircraft shall be removed from the leasehold premises by the aircraft owner or aircraft operator within ninety (90) days following the date of the airport manager's request.
(k)
Failure of the owner or operator to timely remove such aircraft in disrepair will result in the city's removal of the aircraft in disrepair, which will be impounded until all towing and storage charges incurred by the city have been paid.
(10)
Restricted activities. Use of the airport for any of the following activities is restricted and requires a comprehensive review by the FAA Flight Standards Office, ATCT, and the city to determine if such activities may be conducted safely to, from and at the airport, and further requires prior written permission by the airport manager:
(a)
Use of any portion of the airport as a parachute landing area.
(b)
Operations in gliders, ultralights, lighter-than-air aircraft, or hot air balloons.
(c)
Conducting test flights in experimental aircraft.
(d)
Operating unmanned aerial vehicles to, from, or at the airport.
(e)
Operating model airplanes to, from, or at the airport.
The airport manager has the authority to impose conditions on the conduct of the above-enumerated aeronautical activities at the airport, which conditions may be included in an operating directive, which shall thereafter be heeded by all persons using the airport for the authorized purpose.
Due to the absence of an airport operating certificate for the airport issued by the FAA in accordance with FAR Part 139, no entity shall conduct scheduled air carrier operations in aircraft designed for more than nine (9) passenger seats or in an aircraft on a non-scheduled basis with more than thirty (30) passenger seats.
(11)
Limitations. Any person transporting radioactive cargo or other hazardous materials shall comply with regulations established in 49 Code of Federal Regulations, Subtitle B, Chapter 1 and all other regulatory measures governing such materials. Any person transporting radioactive cargo or other hazardous materials shall notify the fire department prior to arrival at the airport, and fire department equipment and personnel may be required for this type of operation as a standby precautionary measure. Any costs associated with the required fire department support and oversight shall be borne by the aircraft owner and the aircraft operator, jointly and severally.
(12)
Aircraft T-hangars.
(a)
All T-hangars shall be used for the storage and self-servicing of aircraft only. No activity other than the normal service of aircraft shall be permitted in such structures. Prohibited activities include, but are not limited to, fuel transfer, welding, torch cutting, soldering, doping, parts cleaning, spray painting, and activities in which hazardous operations are performed.
(b)
No entity shall engage in any commercial aviation operation in T-hangars.
(c)
No aggregate amounts of twenty-five (25) gallons or more or an equivalent dry volume of hazardous material shall be stored, handled, generated, used, processed, manufactured, disposed of, or otherwise be present in a single T-hangar bay.
(13)
Engine runups.
(a)
All engine runups shall be confined to areas designated by the ATCT or the airport manager.
(b)
Runup of aircraft engines is not allowed in areas outside the movement area unless approved by the airport manager.
(c)
No person shall undertake engine maintenance or repair runups at any location at the airport between the hours of 7:00 p.m. and 7:00 a.m. of the following day.
(d)
No person other than a pilot or mechanic certified by the FAA shall start and/or operate an aircraft engine at the airport.
(e)
Any person operating an aircraft engine shall take precautions to alert and protect the public from hazards of operation.
(f)
Aircraft controls shall not be unattended while aircraft engines are operating.
(g)
High speed or high power engine runups shall be performed in areas designated by the airport manager and authorized by the ATCT.
(14)
Flying clubs. Flying clubs shall not be permitted at the airport until the following necessary items have been obtained and supplied to the airport manager:
1.
Copies of aircraft registrations; and
2.
A current list of members; and
3.
A current certificate of insurance showing coverage types and amounts as required by the airport manager, and naming the City of Fort Lauderdale as additional insured; and
4.
Evidence of the not for profit status of the flying club; and
5.
Copies of bylaws, articles of incorporation, and operating rules; and
6.
A roster of officers and directors.
Aircraft shall be vested in the name of the flying club or members on a pro-rata share. The flying club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain and replace the aircraft. Required insurance minimums for flying clubs as outlined in the minimum standards shall be maintained. Flying club aircraft may be used only by members of such flying club and may not be used for commercial aviation operations. Flying club members have a right to self-fuel and self-service flying club aircraft in accordance with this chapter 7.
(15)
Air traffic rules. The airport manager may deny access to the airport to any aircraft operator who operates an aircraft at the airport in a reckless or negligent manner, who has been found by the FAA to have violated an air traffic rule or applicable regulation, or who presents an imminent danger to persons or property.
(16)
Traffic patterns. Aircraft shall conform to the traffic patterns established by the FAA unless otherwise specifically authorized by the ATCT.
(17)
Noise abatement procedures. Pilots and aircraft operators of all aircraft landing or taking off at the airport shall comply with the mandatory noise abatement procedures established jointly by the FAA and the city.
(18)
Helicopter operations.
(a)
No helicopter shall land or take off from an area other than those areas authorized by the city or the ATCT.
(b)
FBOs desiring to service helicopters shall designate an area on their leased premises, subject to approval by the airport manager, for helicopter takeoffs and landings.
(c)
Helicopters may land and take off only from the following areas upon authorization by the ATCT:
1.
Leasehold ramp areas.
2.
Runways, taxiways, and other paved areas designated by the ATCT within the movement area.
3.
Other areas designated jointly by the ATCT and the city.
(19)
Landing at other than established airports; temporary helicopter landing areas.
(a)
Except in case of emergency, or when permitted by the city commission in the public interest, no person shall land any aircraft within the corporate limits of the city except at regularly established airports or helistops.
(b)
The city manager may approve temporary helicopter landing areas, which approval shall be on a temporary basis not to exceed ten (10) days and shall meet the following conditions:
1.
The entity conducting the helicopter operations shall execute a release, hold harmless, and indemnification agreement in favor of the city in a form as prescribed by the city attorney.
2.
The helicopter operation shall be conducted in accordance with applicable FAA regulations and FAA Advisory Circular 150/5390-2B Heliport Design.
3.
The helicopter operation shall be restricted to specific dates and times, and shall be conducted during daylight hours, under visual flight rules conditions and in accordance with this Code.
4.
The entity shall provide sufficient personnel, in the sole determination of the city police department, to ensure that members of the general public are prevented from entering the helicopter operations area.
5.
If the helicopter operation is to be conducted on a waterway, the aircraft operator shall arrange, at the aircraft operator's expense, for one city police officer to be present at the helicopter operation site during the operation of the helicopter.
6.
The entity conducting the helicopter operations shall provide proof of general liability insurance in the amount required by the city.
(20)
Seaplane landing. Pursuant to F.S. § 330.36, landing a seaplane on a body of water within the corporate limits of the city is prohibited.
( Ord. No. C-16-15 , § 1, 8-16-16)