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Minimum Standards
Chapter 62: AIRPORT
[HISTORY: Adopted by the Common Council of
the City of Rice Lake 6-28-2005 by Ord. No. 05-09.
Editor's Note: This ordinance repealed former Ch. 62,
Airport, adopted as
Title 9, Chapter 5, of the Code of Ordinances, as amended.
Amendments noted where applicable.]
GENERAL REFERENCES
Airport Commission — See Ch. 7, § 7-7.
Airport Zoning District — See Ch. 260, § 260-37.
§ 62-1.
Purpose and intent; minimum standards.
| A. |
The purpose herein is to allow for the
establishment of a sound economic base upon which the
airport will
thrive and experience a stable growth pattern; to ensure
that the public receives reliable, safe, adequate and
nondiscriminatory air transportation service; and to ensure
that tenants and operators receive fair, equitable and
nondiscriminatory treatment in the conduct of authorized
activities at the
airport. |
| B. |
The intent herein is to categorically
identify those minimum standards and procedures by which all
persons, firms or other legal entities conducting commercial
(revenue-producing) or noncommercial aeronautical or
nonaeronautical activities at the
airport shall
conduct their respective operations. |
| C. |
The requirements as set forth in these
standards and procedures are intended to ultimately protect
the public health, safety and other interests and to foster
and promote the continued development of the
airport in a
safe and efficient manner. |
| D. |
This chapter provides minimum standards
used by the airport
management and
Airport Commission to guide all commercial and
business-related activities at the Rice Lake Regional
Airport. Each
activity shall be covered by a lease/operating agreement
which specifically includes, but is not limited to, the
following covenants:
| (1) |
Hours of operation. |
| (2) |
Insurance requirements. |
| (3) |
Compliance with all applicable
local, state and federal regulations. |
| (4) |
Financial integrity. |
| (5) |
Minimum space and building
requirements.
|
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§ 62-2.
Definitions. Editor's Note:
See also § 62-4A.
For purposes of this chapter, the following definitions shall
apply:
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ACTIVITY LICENSE — Any license, permit or
other authorization which is or may be required by the
United States government, the state, the owner or any duly
authorized agency or subdivision thereof for the conduct of
the applicant's business. |
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AERIAL APPLICATORS — A person, firm,
corporation, or other entity conducting aerial agriculture
spraying or seeding activities at the
airport for
compensation or hire. |
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AERONAUTICAL ACTIVITY — Any activity which
involves, makes possible or is required for the operation of
aircraft or which contributes to or is required for the
safety of such operations. |
| |
AGRICULTURE LAND —
Airport
property currently not needed for aeronautical use and is
available for agrarian purposes. |
| |
AIR CHARTER — A person or entity that
provides on-demand nonscheduled passenger, ambulance or
cargo transportation service in aircraft having less than 30
passenger seats. The entity must operate under the
appropriate Federal Aviation Regulations (FARs). |
| |
AIRCRAFT — Any contrivance invented, used
or designed for navigation of or flight in air. |
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AIRCRAFT OPERATION — An aircraft's takeoff
from or landing at an
airport. A
touch-and-go is two operations. |
| |
AIRCRAFT OWNER — A person or single entity
holding legal title to an aircraft, or any person having
exclusive possession of an aircraft. |
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AIRCRAFT PARKING AND STORAGE — This minimum
standard covers the commercial operation of renting or
leasing aircraft parking and storage to the public for
compensation. |
| |
AIRCRAFT PARKING AND STORAGE AREAS — The
hangar and apron location on the
airport
designated by the
airport owner or
airport
manager for the parking and storage of aircraft. |
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AIRCRAFT RENTAL — The commercial operation
of renting or leasing aircraft to the public for
compensation. |
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AIRCRAFT SALES — The sale of new or used
aircraft through brokerage, ownership, franchise,
distributorship, or licensed dealership. |
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AIRFRAME AND POWER PLANT MAINTENANCE — The
commercial operation of providing airframe and power plant
services, which includes any of the following: the repair,
maintenance, inspection, constructing, and making of
modifications and alterations to aircraft, aircraft engines,
propellers and appliances including the removal of engines
for major overhaul or aircraft painting and interior
refurbishing. This category of service also includes the
sale of aircraft parts and accessories. |
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AIRPORT — Any area of land or water which is used, or
intended for use, for the landing and take-off of aircraft
and any appurtenant areas which are used, or intended for
use, for airport
buildings or other
airport facilities or rights-of-way, together with
all airport
buildings and facilities located thereon which are owned,
leased or otherwise controlled by the City of Rice Lake or
its tenants and operated as the City of Rice Lake Regional
Airport. |
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AIRPORT LAYOUT PLAN (ALP) — The FAA-approved plans
and drawings of an
airport depicting the layout of the existing and
proposed airport
facilities. |
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AIRPORT MANAGER — The designated individual/firm,
appointed/contracted by the
airport
owner, duly authorized to administer and manage all
operations of the
airport and
airport facilities. |
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ASSURANCES — A provision contained in a
federal grant agreement to which the recipient of the
federal airport
development assistance has voluntarily agreed to comply in
consideration of the assistance provided. |
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AVIATION FUEL — Flammable liquids composed
of a mixture of selected hydrocarbons manufactured and
blended for the purpose of operating an internal combustion,
jet, or turbine engine, which meet federal fuel standards.
|
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AVIATION-RELATED ACTIVITY — Any activity
conducted on the
airport that provides service or support to aircraft
passengers or air cargo. The following are examples of
aviation-related activities: ground transportation,
restaurants, auto parking and concessions. |
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AVIONICS SALES AND MAINTENANCE — The
commercial operation of providing for the repair and
maintenance of aircraft radios, instruments and accessories.
Such operation may include the sale of new or used aircraft
radios, instruments and accessories. |
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BASED AIRCRAFT — An aircraft which the
owner physically locates at the
airport for
an undetermined period, and whenever absent from the
airport, its
owner intends to return the aircraft to the
airport for
long-term storage. |
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COMMERCIAL ACTIVITY — The conduct of any
aspect of a business, concession, operation, or agency in
order to provide goods or services to any person for
compensation or hire. An activity is considered a commercial
activity regardless of whether the business is nonprofit,
charitable, or tax-exempt. |
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COMMERCIAL OPERATOR (OPERATOR) — A person,
firm, corporation, or single entity conducting commercial
aeronautical services or activities at the
airport for
compensation or hire. The operator may be classified as
either a fixed base operator (FBO) or a specialized aviation
service operator (SASO). |
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COMMERCIAL SKYDIVING — A person, firm,
corporation, or other entity conducting skydiving or
skydiving activities at the
airport for
compensation or hire. |
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EXCLUSIVE RIGHT — A power, privilege, or
other right excluding or debarring another from enjoying or
exercising a like power, privilege, or right. An exclusive
right can be conferred either by express agreement, by the
imposition of unreasonable standards or requirements, or by
any other means. |
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FEDERAL AVIATION ADMINISTRATION (FAA) — The
federal governmental agency responsible for governing
aviation activities. |
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FEDERAL AVIATION REGULATIONS (FAR) — All
regulations included in the unabridged edition of pertinent
federal governmental regulations. |
| |
FEDERAL OBLIGATION — Contractual commitment
of the airport
owner that arises from the conveyance of the land or from a
grant agreement. |
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FIXED BASE OPERATOR (FBO) — A full-service
commercial operator who engages in the primary activity of
aircraft refueling and a minimum of four of the following
secondary activities:
| A. |
Flight training;
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| B. |
Aircraft rental;
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| C. |
Air charter;
|
| D. |
Avionics sales and maintenance;
|
| E. |
Aircraft sales;
|
| F. |
Aircraft parking and storage; or
|
| G. |
Airframe and power plant
maintenance.
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FLIGHT TRAINING — The commercial operation
of instructing pilots in dual and solo flight, in any
aircraft, and related ground school instruction as necessary
to complete a FAA pilot's knowledge test and practical
flight test for various categories of pilot certificates and
ratings. Flight training operations must include aircraft
rental. |
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FLYING CLUB — A noncommercial and nonprofit
entity organized for the purpose of providing its members
with any number of aircraft for their personal use and
enjoyment. Aircraft must be vested in the name of the flying
club owners on a pro-rata share, and the club may not derive
greater revenue from the use of the aircraft than the cost
to operate, maintain, and replace the aircraft. |
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FUEL AND FUEL HANDLING — The
transportation, sale, delivery, dispensing, or draining of
fuel or fuel waste products to or from an aircraft. |
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FUEL STORAGE AREA — Any portion of the
airport
designated temporarily or permanently by the
airport owner
as an area in which aircraft fuel and any other type of fuel
may be stored or located. |
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GENERAL AVIATION — All civil aviation
operations other than scheduled air services and
nonscheduled air transport operations for remuneration or
hire. |
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GRANT ASSURANCE — Any agreement made
between the airport
owner and the FAA for the grant of federal funding or a
conveyance of land either of which the
airport owner
agrees to use for
airport purposes. |
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HAZARDOUS MATERIAL — Any substance, waste,
or material which is toxic, explosive, corrosive, flammable,
infectious, radioactive, carcinogenic, mutagenic, or
otherwise hazardous, and is or becomes regulated by any
governmental authority, agency, department, commission,
board, agency or instrumentality of the United States, the
State of Wisconsin, or political subdivision thereof, and
the presence of which requires investigation, removal and/or
remediation. |
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INDEPENDENT CONTRACTOR — A commercial
operator offering a single aeronautical service but without
established place of business on the
airport. An
airport owner
may or may not allow this type of servicing to exist on the
airport. |
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LEASE — The written contract between the
airport or
airport owner
and a person (lessee) specifying the terms and conditions
under which a person may conduct commercial, aeronautic or
agriculture activities as defined within the established
minimum standards. |
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LEASEHOLD IMPROVEMENT — Includes, but is
not necessarily limited to, any modification, alteration or
repair, either of a structural or architectural nature,
performed by the tenant at his/her sole cost and expense.
Any such improvements shall be accomplished only after the
owner has approved the tenant's written application
requesting the same. |
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LIGHT-SPORT AIRCRAFT — Any vehicle that is
used or intended to be used for manned operation in the air
for recreation or sport purposes only and which meets the
following criteria:
| A. |
Maximum gross takeoff weight of
1,320 pounds (599 kilogram), 1,430 pounds for
seaplanes.
|
| B. |
Lighter-than-air light-sport
aircraft maximum gross weight of 660 pounds (300
kilogram).
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| C. |
Maximum stall speed of 51 mph (45
knots).
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| D. |
Maximum speed in level flight with
maximum continuous power (Vh) of 138 mph (120
knots).
|
| E. |
Two-place maximum (pilot and one
passenger).
|
| F. |
Single, nonturbine engine only,
included rotary or diesel engines.
|
| G. |
Fixed ground adjustable propeller.
|
| H. |
Unpressurized cabin.
|
| I. |
Fixed landing gear.
|
| J. |
Repositionable landing gear for
seaplanes allowing the wheels to be rotated for
amphibious operation.
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| K. |
Can be manufactured and sold
ready-to-fly under a new special light-sport
aircraft certification without FAR Part 23
compliance. Aircraft must meet consensus standards.
Aircraft under this certification may be used for
sport and recreation, flight training and aircraft
rental.
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| L. |
Can be licensed experimental
light-sport aircraft (E-LSA) if kit or plans-built.
Aircraft under this certification may be used only
for sport and recreation and flight instruction for
the owner of the aircraft.
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| M. |
Can be licensed experimental
light-sport aircraft (E-LSA) if kit or plans-built
and operated as an ultralight trainer. Aircraft must
be transitioned to E-LSA category no later than
January 31, 2008.
|
| N. |
Will be FAA registration-N-number.
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| O. |
Aircraft category and class
includes: airplane (land/sea), gyroplane, airship,
balloon, weight-shift-control (trike land/sea), and
powered parachute.
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| P. |
United States or foreign
manufacture of light-sport aircraft is authorized.
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| Q. |
Aircraft with a standard
airworthiness certificate that meet above
specifications may be flown by sport pilots.
However, that airworthiness certification category
will not be changed to a light-sport aircraft.
Holders of a sport pilot certificate may fly an
aircraft with a standard airworthiness certificate
if it meets the definition of a light-sport
aircraft.
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| R. |
May be operated at night if the
aircraft is equipped per FAR 91.209 and the pilot
holds at least a private pilot certificate and a
minimum of a third-class medical. |
|
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MINIMUM STANDARDS — The qualifications or
criteria which may be established by the
airport owner
as the minimum requirements that shall be met as a condition
for the right to conduct a commercial activity on the
airport. |
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NONCOMMERCIAL AVIATION FUEL USAGE — The
fueling of an aircraft by an aircraft owner, their employees
or pilot using pumps and equipment installed for that
purpose. The "fuel user" is defined as a single entity
fueling an aircraft owned and operated by the entity. The
fueling facility may or may not be attended by the FBO that
owns/leases and operates the equipment. Only FBOs can sell
and provide for the into-aircraft delivery of fuel into
other owner/operated aircraft. |
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OWNER — The City of Rice Lake, Wisconsin,
or its successor in title in the event of a transfer of the
airport
facility, granting the
Airport
Commission the authority to operate the
airport and
to grant and/or lease operating rights. |
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PERSON — Any individual, firm, partnership,
corporation, company, association, joint stock association,
or body politic; and includes any trustee, receiver,
assignee, or other similar representative thereof. |
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PREVENTATIVE AIRCRAFT MAINTENANCE —
Maintenance that is not considered a major aircraft
alteration or repair and does not involve complex assembly
operations as listed in FAR Part 43, Appendix A, Paragraph
C. |
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ROADWAY — Any street or road, whether
improved or unimproved, within the boundaries of the
airport and
designated for use by ground vehicles. |
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SELF-SERVICE — Fueling or maintenance of an
aircraft on airport
property, performed by the aircraft owner or their employees
in accordance with FAR and the
airport's
reasonable standards or requirements. |
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SPECIALIZED AVIATION SERVICE OPERATION
(SASO) — An aeronautical business that offers a single or
limited service according to established minimum standards.
Examples of a SASO include, but are not limited to:
| A. |
Flight training;
|
| B. |
Airframe and power plant
maintenance;
|
| C. |
Air charter;
|
| D. |
Aircraft sales;
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| E. |
Avionics sales and maintenance;
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| F. |
Aircraft parking and storage;
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| G. |
Specialized commercial flying
services:
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| H. |
Aerial applicators;
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| I. |
Commercial skydiving;
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| J. |
Flying club;
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| K. |
Aircraft rental.
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SPECIALIZED COMMERCIAL FLYING SERVICES —
This operator shall be engaged in air transportation for
hire for the purpose of providing the use of aircraft for
the following activities:
| A. |
Nonstop sightseeing flights that
begin and end at the same
airport.
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| B. |
Crop dusting, seeding and spraying
and bird chasing.
|
| C. |
Banner towing and aerial
advertising.
|
| D. |
Aerial photography or survey.
|
| E. |
Fire fighting.
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| F. |
Power line or pipeline patrol.
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| G. |
Airborne mineral exploration.
|
| H. |
Any other operations specifically
excluded from Part 135 of the Federal Aviation
Regulations.
|
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STATE — The State of Wisconsin and, as
applicable, the State of Wisconsin Department of
Transportation, Bureau of Aeronautics. |
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SUBLEASE — The written agreement stating
terms and conditions under which a third-party person leases
space from a lessee for the purpose of providing
aeronautical services at the
airport. |
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TAXILANE — That portion of the
airport apron
area, or any other area, used for access between taxiways
and aircraft parking or storage areas. |
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TAXIWAY — A defined path established for
the taxiing of aircraft from one part of the
airport to
another. |
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TENANT — Any person(s), firm or legal
entity that will have applied for and received written
permission to establish a leasehold or other right at the
airport,
whether for commercial activity or not. |
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THROUGH-THE-FENCE AGREEMENT — An agreement
between the airport
owner and a commercial adjacent property owner permitting
access to the public landing area. |
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THROUGH-THE-FENCE COMMERCIAL OPERATION — A
commercial activity, directly related to the use of the
airport,
developed or located off
airport and
requiring a through-the-fence agreement. |
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UNICOM — A nongovernment communication
facility, which may provide
airport
information at certain airports. |
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VEHICLE PARKING AREA — Any portion of the
airport
designated and made available temporarily or permanently by
the airport
owner for the parking of vehicles. |
§ 62-3.
General provisions.
It is the policy of the owner to grant to the
Airport Commission
the authority to operate the
airport and to grant and/or lease operating rights to those
qualified applicants who have duly made application for said lease
right in the manner and form prescribed.
| A. |
Upon the consideration of the applicant,
the Airport
Commission shall determine whether or not the application
meets the standards and qualifications as herein set out and
whether or not such application should be granted, in whole
or in part, and if so upon what terms and conditions.
|
| B. |
All persons conducting aeronautical
activities at the Rice Lake Regional
Airport
shall, as a condition of conducting such activities, comply
with all the requirements set forth in these minimum
standards. The minimum standards are deemed to be a part of
each commercial operator's lease or agreement with the
owner. The mere omission of any particular standard in a
lease or agreement shall not constitute a waiver or
modification of the standard unless the document expressly
states that the owner waives application of that standard.
|
| C. |
It is the owner's intent to have prepared
and make available an
airport
layout plan which will be a scaled, dimensional layout of
the entire airport
property indicating, in general, current and proposed usage
for each identifiable segment. |
| D. |
All applicants shall meet the minimum
standards as recited herein and which pertain to their
respective category. These minimum standards shall not apply
to commercial aviation operators who have a current minimum
standards agreement with the City of Rice Lake. Minimum
standards will be applied to existing operators upon renewal
of the existing lease or agreement. Existing operators who
are unable to meet the minimum standards at the time of
lease or agreement renewal shall submit a plan outlining
specific timelines for complying with the minimum standards.
The owner must approve the plan prior to renewal of the
lease or agreement. |
| E. |
Multiple services. When a commercial
operator conducts multiple activities pursuant to one lease
or agreement with the owner, the commercial operator shall
comply with the minimum standards established for each
separate activity. If the minimum standards for another
activity are inconsistent with the minimum standards for
another activity, then the minimum standard that is more
restrictive or imposes a higher standard shall apply. |
| F. |
It is the intent of the
Airport
Commission to examine each person desiring to conduct
aeronautical activities at the Rice Lake Regional
Airport. Each
person shall be responsible to provide satisfactory evidence
to the Airport
Commission of its respective technical ability and financial
responsibility, including the capability to meet the
insurance requirements as stated herein. Activities with no
specific minimum standards established in the document will
be addressed by the owner on a case-by-case basis in the
commercial operator's lease or agreement. |
| G. |
The owner may review the minimum standards
and procedures from time to time and may make such revisions
or amendments as shall be deemed necessary to properly
protect the health, safety and interest of the public. Upon
enactment of any such amendments, all operators and tenants
shall be required to conform to such amended standards in
accordance with this chapter.
|
| H. |
In addition to the requirements of the FAA
or the state, the owner may establish and implement such
rules and regulations as may be required for the safe and
orderly operation of the
airport, the
safe and orderly operation of aircraft in the
airport
traffic area and airspace surrounding the
airport, and
the safe and orderly operation of aircraft on the ground.
|
| I. |
No person(s), firm or legal entity shall
act as an operator/tenant or conduct any commercial activity
of any kind or nature whatsoever on the
airport until
such time as the person(s), firm or legal entity has applied
for and received permission to and has entered into and
executed a lease/operating agreement with the owner. Each
successful applicant shall, within 30 business days after
having received written approval of its application, be
ready, willing and able to enter into a written
lease/operating agreement with the owner in a form and
manner prescribed by the owner. In the case of an air
charter operation which is not based at the
airport but
which operates to and from the
airport, the
payment of all applicable parking or other levied fees shall
be deemed sufficient to meet the requirements of this
subsection. |
| J. |
The owner may waive or modify any portion
of these minimum standards for the benefit of a governmental
agency performing nonprofit public services, fire protection
or emergency response operations. |
| K. |
The owner may waive or modify any portion
of these minimum standards for any person when it is
determined that such waiver is in the best interest of the
public and will not result in unjust discrimination against
other commercial operations at the
airport.
|
§ 62-4.
Vehicular and pedestrian traffic within
airport boundaries.
| A. |
Definitions: As used in this section, the
following terms shall have the meanings indicated:
|
| |
EMERGENCY EQUIPMENT — Crash, fire and
rescue or police motor vehicles and such other equipment as
the airport
manager may designate as necessary to safeguard
airport
runways, taxiways, ramps, buildings and other property. |
| |
PEDESTRIAN — Any person afoot. |
| |
SERVICE, MAINTENANCE AND CONSTRUCTION
EQUIPMENT — Approved equipment normally operated and/or
authorized by the
airport manager and/or the Federal Aviation
Administration on landing areas, runways, taxiways and
peripheral roads for the servicing, maintenance and
construction of
airport facilities and services or for the servicing
of aircraft. This definition shall include equipment owned
and operated by a contractor performing work on the
airport under
a contractual agreement with the City of Rice Lake. |
| |
VEHICLE — Every device in, upon or by which
any person or property is or may be transported or drawn,
excepting aircraft. |
| B. |
Operation of vehicles on
airport
property, runway(s), taxiway(s) and ramps. No vehicle shall
enter or be driven upon or operated upon any
airport
runway, taxiway, ramp, tie-down area or any area posted by
signs prohibiting the entrance thereon without prior
authorization of the
airport manager or designated representative. The
provisions of this subsection shall not apply to emergency
equipment or service, maintenance and construction equipment
when engaged in performing normal duties. Aircraft owners
may be granted authorization by the
airport
manager or designated representative to operate a vehicle to
reach their own aircraft. They shall not at any time park a
vehicle on any area used for the movement of aircraft. |
| C. |
Speed of vehicles. Unless specifically
authorized by the
airport manager, vehicles shall not traverse over any
runway, taxiway, and ramp or tie-down area at a speed in
excess of 10 miles per hour. |
| D. |
Pedestrian traffic on
airport. No
pedestrian shall be allowed beyond the administration area
or upon the apron or aircraft tie-down area unless for the
purpose of embarking in or disembarking from an aircraft or
unless authorized by the
airport
manager. Pedestrian traffic is prohibited on taxiways,
runways and outlying areas of the
airport,
except for those employees of the city, county, state and
federal government or contractors engaged in
airport
construction or maintenance work. |
| E. |
Vehicle parking. All vehicles parked on the
airport shall
be parked in designated areas and in accordance with posted
signs or other markings. The
airport
manager may move or order the removal of any vehicle
improperly parked, at the vehicle owner's expense.
|
| F. |
Enforcement. It shall be the duty of the
Police Department of the City of Rice Lake to enforce the
provisions of this section.
|
§ 62-5.
Minimum standards for all operators and specialized aviation service
operation activity services.
The following standards shall apply to all operators, with the
exception of flying clubs, whose complete list of standards is
presented in the section which pertains solely to that type of
operation. Editor's Note: See
§ 62-16, Flying Club.
| A. |
The lease/operating agreement shall be for
a term to be mutually agreed upon between the parties
commensurate with the operator's financial investment in
his/her facility. |
| B. |
The operator shall have had experience in
the service he wishes to provide for a period of five years.
It will be satisfactory if the operator has, in a reasonable
supervisory position, a person with such minimum experience
requirements. Should an operator not have such experience
but be able to demonstrate to the owner's satisfaction that
he has had equivalent related experience, such will be
deemed acceptable. A statement of qualifications shall
accompany the operator's letter of intent to the owner.
|
| C. |
Any operator seeking to conduct services at
the airport
must provide the owner with a letter setting forth the
operator's financial integrity, to the owner's satisfaction,
from a bank or trust company doing business in the area or
from other such source that may be readily verified through
normal banking channels. The operator must also demonstrate
that it has the financial ability or backing, where
applicable, for the construction of facilities that may be
required for the proposed concept of operation. In addition,
the financial institution letter shall include a current
financial net worth showing that the applicant holds
unencumbered current assets in a total amount at least
equaling three months' estimated maintenance and operating
expenses. |
| D. |
All operators shall demonstrate to the
owner's satisfaction evidence of their ability to acquire
insurance coverage as stipulated for each particular type of
operation. In addition, the operator shall include the owner
as an additional insured and stipulate that the operator
will hold harmless the owner in all action against it. The
following shall be established as minimum coverage:
| (1) |
Aircraft liability, for bodily
injury and property damage:
| (a) |
Combined single limit:
$1,000,000. |
| (b) |
Bodily injury (each
passenger): $300,000.
|
|
| (2) |
Comprehensive public liability and
comprehensive property damage, including vehicular,
for bodily injury and property damage:
| (a) |
Combined single limit:
$1,000,000. |
| (b) |
Aggregate limit:
$3,000,000.
|
|
| (3) |
Hangar keeper's liability:
$1,000,000 each accident. |
| (4) |
Product liability: $1,000,000 each
accident. |
| (5) |
Aircraft renter's liability:
$300,000 each accident. |
| (6) |
Storage tank liability, corrective
action and cleanup policy: $2,000,000 each incident.
|
|
| E. |
Any operator located on the
airport and
performing any one or more of the specialized aviation
service operation categories and functions shall lease from
the owner an area to provide floor space in accordance with
the classifications 1 and 2 as further explained in
subsections below. All operators shall provide floor space
for an office, customer lounge and rest rooms, which shall
be properly heated and lighted, and shall provide telephone
facilities for customer use.
| (1) |
Specialized aviation service
operation activity: four or more services. SASOs
with four or more services shall be required at
least 10,000 square feet of floor space with
adequate aircraft and vehicle parking.
|
| (2) |
Specialized aviation service
operation activity: fewer than four services. SASOs
with fewer than four services shall be required a
minimum of 5,000 square feet of floor space with
adequate aircraft and vehicle parking.
|
|
| F. |
Each lease for ground space and contract
for specialized aviation service operation activity at the
airport
entered into by the owner shall include each of the
following provisions as are required by state and federal
governments:
| (1) |
Fair and nondiscriminatory
provisions. |
| (2) |
Affirmative action assurances.
|
| (3) |
Civil rights assurances. |
| (4) |
Nonexclusive right provision. |
| (5) |
Other mandated provisions. The most
current amendment or form of such mandatory lease
provisions shall be obtained from the state or
federal governments and shall be included in each
lease at the time of execution.
|
|
| G. |
All operators shall have the right, in
common with others so authorized, to use common areas of the
airport,
including runways, taxiways, aprons, roadways, floodlights,
landing lights, signals and other conveniences for the
takeoff, flying and landing of aircraft. |
| H. |
Any construction required of any operator
shall be in accordance with design and construction
requirements of the city, state and federal regulations and
applicable codes. All plans and specifications shall be
submitted to the owner for approval prior to the start of
construction.
|
| I. |
The operator shall provide adequate, paved
auto parking space within the leased area sufficient to
accommodate all activities and operations.
|
| J. |
The operator shall provide a paved aircraft
apron within the leased area to accommodate aircraft
movement from the operator to the building to the taxiway or
the access to the taxiway that has been or will be provided
for the operator. |
| K. |
The operator shall comply with all
pertinent FAR requirements.
|
| L. |
The
airport manager is responsible for the security
policies approved by the
Airport
Commission not otherwise described in local, state and
federal statutes.
| (1) |
All persons conducting business on
airport
property must wear a security badge provided by
airport
manager including but not limited to the following:
| (a) |
Employees of the owner,
FBO, SASO, or other businesses located on
airport property; |
| (b) |
Subcontractors or
consultants working on behalf of the owner,
FBO, SASO or other businesses located on
airport property; and |
| (c) |
Any person or firm
conducting maintenance on any aircraft based
or located on
airport property.
|
|
| (2) |
Operators of aircraft parked on the
ramp must remove keys. It is recommended all
aircraft be locked. |
| (3) |
All visitors, FBO and SASO
employees should immediately report any suspicious
activity to law enforcement and/or the
airport
manager. |
| (4) |
Visitors are not allowed inside the
fenced area of the
airport
without permission of the
airport
manager or the authorized designee. |
|
§ 62-6.
Flight training.
| A. |
Statement of concept. A flight training
services operator provides aircraft ground and flight
instruction necessary to complete the knowledge and
practical tests for any category of pilot certificate or
rating.
|
| B. |
Minimum standards.
| (1) |
The operator shall lease from the
owner an area in accordance with the classification
established by the number of services as set forth
in § 62-5E. |
| (2) |
The operator shall have available
for use in flight training, either owned or under
written lease to the operator, at least one properly
certified aircraft which must be equipped for and
capable of use in instrument flight instruction. The
aircraft shall be equipped consistent with the types
of flight instruction offered. |
| (3) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Aircraft liability. |
| (b) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
| (c) |
Aircraft renter's
liability.
|
|
| (4) |
The operator shall provide adequate
mockups, pictures, slides, film strips or other
visual aids necessary to provide proper ground
school instruction. |
| (5) |
The operator shall have the
premises open and services available 40 hours per
week. |
| (6) |
The operator shall have on a
full-time basis at least one flight instructor who
is properly and currently certified by the Federal
Aviation Administration to provide the types of
training offered. |
| (7) |
The operator shall make provision
for someone to be in attendance in the office at all
times during the required operating hours and shall
provide telephone service during that period. |
| (8) |
The operator shall provide the
owner with copies of the owner's aircraft
registrations. |
| (9) |
It is the intention of the owner to
enter into and execute a lease/operating agreement
with the approved applicant as soon as possible
after such application is approved. |
| (10) |
All aircraft based at the
airport
shall be registered with the FAA. |
| (11) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-7. Air
charter.
| A. |
Statement of concept. This minimum standard
provides on-demand nonscheduled passenger, air ambulance or
cargo transportation service in aircraft having less than 30
passenger seats. The entity must operate under the
appropriate Federal Aviation Regulations (FARs). |
| B. |
Minimum standards.
| (1) |
The operator shall lease from the
owner an area in accordance with the classification
established by the number of services as set forth
in § 62-5E. |
| (2) |
The operator shall provide, either
owned or under lease to the operator, not less than
one aircraft which must meet the requirements of the
air taxi commercial operator FAA certificate held by
the operator. |
| (3) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Aircraft liability. |
| (b) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
|
| (4) |
The operator shall have the
premises open and services available 40 hours per
week. The operator shall provide on-call service
during hours other than the aforementioned. The
operator shall make provisions for someone to be in
attendance at all times during the required
operating hours.
|
| (5) |
The operator shall have in his/her
employ and on duty during the appropriate business
hours trained personnel in such numbers as are
required to meet the minimum standards set forth in
this category in an efficient manner.
|
| (6) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-8.
Aircraft sales.
| A. |
Statement of concept. This minimum standard
covers the sale of new and used aircraft through brokerage,
ownership, franchise, distributorship, or licensed
dealership. |
| B. |
Minimum standards.
| (1) |
The operator shall provide
necessary and satisfactory arrangements for repair
and servicing of all aircraft offered for sale.
|
| (2) |
The operator shall provide current,
up-to-date specifications and price lists for types
and models of aircraft sold. That list will be
provided to the
airport
manager upon request.
|
| (3) |
The operator shall have the
premises open and services available 40 hours per
week. The operator shall make provision for someone
to be in attendance at all times during the required
operating time. |
| (4) |
The operator shall have in his/her
employ and on duty during the appropriate business
hours trained personnel in such numbers as are
required to meet the minimum standards set forth in
this category in an efficient manner.
|
| (5) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Aircraft liability. |
| (b) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
| (c) |
Hangar keeper's liability
(needed only if nonowned aircraft are left
in the operator's care). |
| (d) |
Product liability. |
|
| (6) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-9.
Aircraft rental.
| A. |
Statement of concept. This minimum standard
covers the commercial operation of renting or leasing
aircraft to the public for compensation. |
| B. |
Minimum standards.
| (1) |
The operator shall lease from the
owner an area in accordance with the classification
established by the number of services as set forth
in § 62-5E. |
| (2) |
The operator shall provide on-site
rental, either owned or under written lease to the
operator, at least one certified and currently
airworthy aircraft. |
| (3) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Aircraft liability. |
| (b) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
| (c) |
Aircraft renter's
liability.
|
|
| (4) |
The operator shall have the
premises open and services available 40 hours per
week. The operator shall make provision for someone
to be in attendance at all times during operating
hours. |
| (5) |
The operator shall have in his/her
employ and on duty during the appropriate business
hours trained personnel in such numbers as are
required to meet the minimum standards set forth in
this category in an efficient manner.
|
| (6) |
The operator shall provide the
owner with copies of the owner's aircraft
registrations and aircraft lease documents. |
| (7) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-10.
Airframe and power plant maintenance.
| A. |
Statement of concept. This minimum standard
covers the operation of providing airframe and power plant
services, which includes any of the following: the repair,
maintenance, inspection, constructing, and making of
modifications and altercations to aircraft, aircraft
engines, propellers and appliances including the removal of
engines for major overhaul and aircraft painting and
interior refurbishing. This category of service also
includes the sale of aircraft parts and accessories. |
| B. |
Minimum standards.
| (1) |
The operator shall lease from the
owner an area in accordance with the classification
established by the number of services as set forth
in § 62-5E. |
| (2) |
The operator shall provide adequate
equipment to perform the repair and maintenance as
required by the Federal Aviation Administration.
|
| (3) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
| (b) |
Hangar keeper's liability.
|
| (c) |
Product liability. |
|
| (4) |
The operator shall have the
business open and services available 40 hours per
week. The operator shall make provision for someone
to be in attendance in the office at all times
during the required operating hours.
|
| (5) |
The operator shall have in his/her
employ and on duty during the appropriate business
hours trained personnel in such numbers as are
required to meet the minimum standards set forth in
this category of service in an efficient manner.
|
| (6) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-11.
Avionics sales and maintenance.
| A. |
Statement of concept. This minimum standard
covers the operation of providing for the repair and
maintenance of aircraft radios, instruments and accessories.
Such operation may include the sale of new or used aircraft
radios, instruments and accessories. |
| B. |
Minimum standards.
| (1) |
The operator shall lease from the
owner an area in accordance with the classification
established by the number of services as set forth
in § 62-5E. |
| (2) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
| (b) |
Hangar keeper's liability.
|
| (c) |
Product liability. |
|
| (3) |
The operator shall have the
business open and services available 40 hours per
week. The operator shall make provision for someone
to be in attendance at all times during the required
operating hours. The operator shall have in his/her
employ and on duty during the appropriate business
hours trained personnel in such numbers as are
required to meet the minimum standards set forth in
this category in an efficient manner. |
| (4) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-12.
Aircraft parking and storage.
| A. |
Statement of concept. This minimum standard
covers the commercial operation of renting or leasing
aircraft parking and storage to the public for compensation.
|
| B. |
Minimum standards.
| (1) |
The operator shall lease from the
owner an area in accordance with the classification
established by the number of services as set forth
in § 62-5E. Said area shall include ground space and
floor space to facilitate customer use. |
| (2) |
The owner shall review with the
operator any private building use before approval of
said parking and storage is permitted. If
improvements are requested by the owner, the
operator shall make the improvement before parking
and storage shall commence. |
| (3) |
The operator shall provide a paved
aircraft apron within the leased area to accommodate
all customer aircraft awaiting interior storage or
delivery. |
| (4) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Comprehensive liability and
comprehensive property damage, including
vehicular. |
| (b) |
Hangar keeper's liability.
|
|
| (5) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-13.
Fixed base operator (FBO).
| A. |
Statement of concept. This minimum standard
covers full-service commercial operators who engage in the
primary activity of aircraft refueling and a minimum of four
of the following secondary activities:
| (1) |
Flight training; |
| (2) |
Aircraft rental; |
| (3) |
Air charter; |
| (4) |
Avionics sales and maintenance;
|
| (5) |
Aircraft sales; |
| (6) |
Aircraft parking and storage; |
| (7) |
Airframe and power plant
maintenance.
|
|
| B. |
Minimum standards.
| (1) |
The operator shall lease from the
owner an area in accordance with the classification
established by the number of services as set forth
in § 62-5E. |
| (2) |
As part of the leasehold, land is
set aside in a designated area adjacent to the
existing fuel facility for the bulk fuel storage
facility. The storage facility shall be capable of
maintaining, at a minimum, the agreed-upon storage
capacity for a minimum of two types of aviation fuel
maintained by the operator. The operator shall
provide the required pumping equipment, mobile and
fixed, to meet all applicable safety requirements
relative to fuel dispensing as required by federal,
state and local regulations and shall provide
reliable metering and monitoring devices which
conform to federal, state and local regulations.
|
| (3) |
Dispensing trucks, bulk fuel
trucks, emergency vehicles and other vehicles,
approved by the owner, shall be the only vehicles
permitted within the approved fuel activity area as
designated by the owner. |
| (4) |
The operator shall provide such
minor repair service that does not require a
certified mechanic rating and cabin services to
general aviation aircraft as can be performed
efficiently on the ramp or apron parking area, but
only within the premises leased to the operator.
|
| (5) |
The operator shall procure and
maintain tools and equipment related to the approved
activity. All equipment shall be maintained and
operated in accordance with local and state
industrial codes. |
| (6) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
| (b) |
Hangar keeper's liability
|
| (c) |
Product liability. |
| (d) |
Storage tank liability,
corrective action and cleanup policy.
|
|
| (7) |
The operator shall have in his/her
employ and on duty during the appropriate business
hours trained personnel in such numbers as are
required to meet the minimum standards set forth in
this category in an efficient manner.
|
| (8) |
The operator shall have the
business open and services available 6:00 a.m. to
9:00 p.m. seven days per week. The operator shall
make provision for someone to be in attendance in
the office at all times during the required
operating hours. |
| (9) |
The operator shall maintain an
accurate record of all deliveries of aviation fuel
and oil, and such records shall be subject to
examination and audit by the owner or its
representatives. |
| (10) |
The operator shall provide separate
pumps, meters and filter-equipped dispensers, fixed
or mobile, for dispensing required grades of fuel.
The operator shall provide reliable pumps and meters
to conform to legal standards for trade use as
established by federal, state and local regulations.
|
| (11) |
Each FBO aviation fuel provider
shall submit to the owner a written proposal which
sets forth the extent of operations, to include fuel
grades; insurance information; estimated annual
volume; experience and training of fuel handling
personnel; type, size and condition of all fueling
facilities, monitoring and equipment to be used;
assurance provisions for the security and safety of
the facility; and any cost that may be expected by
the owner.
|
| (12) |
The FBO shall pay to the owner a
fuel flowage fee and other fees as outlined per
§ 62-21A. |
| (13) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-14.
Specialized flying services.
| A. |
Statement of concept. This minimum standard
covers businesses providing specialized commercial flying
services such as sightseeing tours, aerial photography or
surveying, power line or pipeline patrol, firefighting or
fire patrol, airborne mineral exploration, banner towing,
and other air transportation operations specifically
excluded form FAR Part 135 are included in this SASO. |
| B. |
Minimum standards.
| (1) |
The operator shall lease land from
the owner. The minimum areas in each instance shall
be subject to the approval of the owner. All
operators shall demonstrate that they have the
availability of aircraft suitably equipped for the
particular type of operation they intend to perform.
|
| (2) |
The owner shall set the minimum
insurance requirements as they pertain to the
particular type of operation to be performed. These
minimum requirements shall be applicable to all
operations of a similar nature. All operators will,
however, be required to maintain the minimum
aircraft liability coverage as set forth in § 62-5D
for all operators. |
| (3) |
The operator shall have in his/her
employ and on duty during appropriate business hours
trained personnel in such numbers as may be required
to meet the minimum standards herein set forth in an
efficient manner.
|
| (4) |
The operator must provide, by means
of an office or a telephone, a point of contact for
the public desiring to utilize the operator's
services. |
| (5) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-15.
Aerial applicators.
| A. |
Statement of concept. This minimum standard
covers aerial agricultural spraying or seeding. Considerable
thought must be given to the potential environmental impacts
and their prevention. |
| B. |
Minimum standards.
| (1) |
The operator shall lease land from
the owner. The minimum areas in each instance shall
be subject to the approval of the owner. The
operator shall make suitable arrangements and have
such space available in the leased area for safe
loading and unloading and storage and containment of
chemical materials. All operators shall demonstrate
that they have the availability of aircraft suitably
equipped for the particular type of operation they
intend to perform. |
| (2) |
The owner shall set the minimum
insurance requirements as they pertain to the
particular type of operation to be performed. These
minimum requirements shall be applicable to all
operations of a similar nature.
|
| (3) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Aircraft liability. |
| (b) |
Comprehensive liability and
comprehensive property damage, including
vehicular. |
| (c) |
Storage tank liability,
corrective action and cleanup policy.
|
|
| (4) |
The operator shall have in his/her
employ and on duty during appropriate business hours
trained personnel in such numbers as may be required
to meet the minimum standards herein set forth in an
efficient manner.
|
| (5) |
The operator must provide, by means
of an office or a telephone, a point of contact for
the public desiring to utilize the operator's
services. |
| (6) |
The operator shall comply with all
pertinent FAR requirements.
|
| (7) |
The operator shall comply with all
applicable rules and regulations governing
pesticides and other chemicals used by the operator
and employ certain safeguards and safe operating
practices to prevent spillage, including:
| (a) |
Clean up and remove all
containers at the end of each day's
activities. |
| (b) |
Maintain all loading and
mixing facilities. |
| (c) |
Use dry break devices or
equivalent couplings to the aircraft loading
receptacle to prevent leaks of all
materials. |
| (d) |
Aircraft and loading
equipment will be positioned in such a
manner as to not interfere with normal
aircraft operations at the
airport.
|
| (e) |
In the event of a small
pesticide or pesticide solution spill, the
contaminated surface material will be
removed from the premises and the area of
the spill will be treated with SuperBugs or
an equivalent. In the event of a reportable
amount of spilled pesticide, the operator
will contain the material and contact those
agencies that DNR regulations require.
|
|
| (8) |
The operator will keep an
appropriate spill kit on site in a known and easily
accessible location. |
| (9) |
All chemicals kept or stored on the
airport
must be stored in accordance with the material
safety data sheet (MSDS) requirements for that
chemical. MSDS sheets for chemicals stored on the
airport
shall be made available to the
airport
manager upon request. |
|
§ 62-16.
Flying club.
| A. |
Statement of concept. This minimum standard
covers a noncommercial and nonprofit entity organized for
the purpose of providing its members with any number of
aircraft for their personal use and enjoyment. Aircraft must
be vested in the name of the flying club owners on a
pro-rata share, and the club may not derive greater revenue
from the use of the aircraft than the cost to operate,
maintain, and replace the aircraft. |
| B. |
Minimum standards.
| (1) |
The club will keep current a
complete list of the club's membership and will make
such list available to the owner. |
| (2) |
The club's aircraft will not be
operated by other than bona fide members and will be
operated by no one for hire, charter or air taxi.
|
| (3) |
In the event that the club fails to
comply with these conditions, the owner will notify
the club, in writing, of such violations. The club
shall have 14 days to correct such violations. If
the club fails to correct such violations, the owner
may demand the club's removal from the
airport.
|
| (4) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Aircraft liability. |
| (b) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
|
| (5) |
Aircraft maintenance performed
shall be in accordance with FAR. The operator shall
comply with all pertinent FAR requirements.
|
|
§ 62-17.
Other aviation activity clubs or associations.
| A. |
Statement of concept. This minimum standard
includes, but is not limited to, sky diving, parachuting and
balloon flights. |
| B. |
Minimum standards.
| (1) |
Aircraft, if any, will not be used
for rental and will be used by no one for hire,
charter, air taxi or other commercial operations.
|
| (2) |
The area in which activities may be
conducted will be designated by the owner. This area
may be changed from time to time as the owner sees
fit. No aeronautical activities may be conducted
without permission of the owner in advance. |
| (3) |
A request to the owner at least 72
hours prior to each aeronautical activity is
required. |
| (4) |
The following types of insurance
may be required in amounts as set forth in § 62-5D:
| (a) |
Aircraft liability. |
| (b) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
|
| (5) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-18.
Other nonaviation tenants and/or operators.
| A. |
Statement of concept. This minimum standard
covers a lease or operating agreement for the conduct of
other nonaviation activity on the
airport not
specifically enumerated in this chapter. |
| B. |
Minimum standards.
| (1) |
Any person(s), firm or legal entity
wishing to obtain the right to conduct and/or
establish such other activity shall make application
to the owner. Such applicant shall submit the
following:
| (a) |
A complete description of
the type of activity proposed.
|
| (b) |
A listing and description
of the types of vehicles, equipment and
machinery required for conduct of the
activity. |
| (c) |
Location of off-site
storage facilities for machinery, equipment
or supplies. |
| (d) |
A listing of and plan for
the on-site handling of any attendees, other
persons and vehicles associated with the
activity. |
| (e) |
Dates and times for the
proposed activity.
|
|
| (2) |
All lease/operating agreements for
such other activities shall include, among other
things, a covenant reciting:
| (a) |
The owner's right to
restrict, limit or otherwise control such
activity in any manner it sees fit to ensure
safe and unimpeded aeronautical activity at
the
airport; |
| (b) |
The owner's right to
designate areas for the activity and to
designate the type of security required in
each such area; and |
| (c) |
Such other restrictions or
limitations which the owner may deem
appropriate. |
|
| (3) |
All lease/operating agreements for
such other activities shall also include, among
other things, a covenant reciting the tenant's
obligation and the lease/operator's obligation, in
addition to all aforementioned obligations, to
protect the general public, customers or clients and
the owner from any and all damages, claims or
liability, whether by the tenant, lease/operator or
others, relating to any monetary or other loss or
damage in the conduct of any such activity resulting
from or alleged to have resulted from the owner's
exercise of its rights and privileges, whether
specifically enumerated above or not. |
| (4) |
The following types of insurance
may be required in amounts as set forth in § 62-5D:
comprehensive public liability and comprehensive
property damage, including vehicular. |
| (5) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-19.
Noncommercial aviation fuel usage.
| A. |
Statement of concept. This minimum standard
covers all noncommercial aviation fuel users and is defined
as the fueling of an aircraft by the aircraft owner, their
employees or pilot using pumps and equipment installed for
that purpose. The fueling facility may or may not be
attended by the FBO that owns/leases and operates the
equipment. Only FBOs can sell and provide for the into
aircraft delivery of fuel. |
| B. |
Minimum standards.
| (1) |
No person shall engage in the
activity of storing, transporting or dispensing of
noncommercial aviation fuels except those persons
holding an approved written agreement with the
owner. |
| (2) |
At no time shall a noncommercial
aviation user share, sublease or in any other manner
provide fuel or fueling facilities to any other
party.
|
| (3) |
The noncommercial aviation user
shall install and maintain all fuel facilities,
including dispensing vehicles and underground
storage equipment located in the designated fuel
storage area adjacent to the existing fuel facility,
in accordance with plans and specifications
approved, in writing, by the owner. |
| (4) |
The noncommercial aviation user
shall comply with all local, state and federal laws
and regulations governing the installation,
operation and maintenance, including environmental,
of all fueling facilities, equipment and dispensing
trucks. |
| (5) |
Dispensing trucks, bulk fuel
trucks, emergency vehicles and other vehicles
approved by the owner shall be the only vehicles
permitted within the approved fuel activity area as
designated by the owner. |
| (6) |
All fuel storage shall be in
underground tanks, with only necessary equipment,
such as valves, meters and vents, protruding above
ground.
|
| (7) |
Each prospective noncommercial
aviation fuel user shall submit to the owner a
written proposal which sets forth the extent of
operations, to include fuel grades; insurance
coverage; estimated annual volume; experience and
training of fuel handling personnel; type, size and
condition of all fueling facilities, monitoring and
equipment to be used; assurance provisions for the
security and safety of the facility; and any cost
that may be expected by the owner. |
| (8) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
| (a) |
Comprehensive public
liability and comprehensive property damage,
including vehicular. |
| (b) |
Storage tank liability,
corrective action and cleanup policy.
|
|
| (9) |
The noncommercial aviation user
shall pay to the owner a fuel flowage fee as
outlined per § 62-21A. |
| (10) |
The operator shall comply with all
pertinent FAR requirements.
|
| (11) |
The operator shall conduct all
operations in compliance with all applicable local,
state and federal regulations.
|
|
§ 62-20.
Agricultural tenants and/or operators.
| A. |
Statement of concept. This minimum standard
covers lease or operating agreements for the conduct of
agricultural activity on the
airport.
|
| B. |
Minimum standards.
| (1) |
Any person(s), firm or legal entity
wishing to obtain the right to conduct and/or
establish such an agricultural activity shall make
application to the owner. Such applicant shall
submit the following:
| (a) |
A complete description of
the type of activity proposed, including but
not limited to types of crops, methods of
harvest and times of on-site activity. |
| (b) |
A listing and description
of the types of machinery required for
conduct of the agricultural activity. |
| (c) |
Location of off-site
storage facilities for machinery, equipment,
supplies and harvested crops. |
| (d) |
A plan for the maintenance
of soil fertility, if the proposed use is
for more than a single growing season.
|
|
| (2) |
All lease/operating agreements for
agricultural activities shall include, among other
things, a covenant reciting:
| (a) |
The owner's right to
restrict, limit or otherwise control such
agricultural activity in any manner it sees
fit to ensure safe and unimpeded
aeronautical activity at the
airport. |
| (b) |
The owner's right to
designate areas for agricultural activity
and to designate the type of activity which
can be conducted on each such area. Such
designation may include, but will not
necessarily be limited to, crop height, crop
type, harvesting methods, days and hours of
operation, storage and staging area and
areas of the
airport where machinery and equipment
may not be operated, driven or stored. |
| (c) |
Such other restrictions or
limitations which the owner may deem
appropriate. |
|
| (3) |
All lease/operating agreements for
agricultural activities shall also include, among
other things, a covenant reciting the tenant's
obligation and the lease/operator's obligation, in
addition to all aforementioned obligations, to
protect the general public, customers or clients and
the owner from any and all damages, claims or
liability, whether by the tenant, lease/operator or
others, relating to any monetary or other loss or
damage in the conduct of any agricultural activity
resulting from or alleged to have resulted from the
owner's exercise of its rights and privileges,
whether specifically enumerated above or not. |
| (4) |
The following types of insurance
are required in amounts as set forth in § 62-5D:
comprehensive public liability and comprehensive
property damage, including vehicular. |
| (5) |
The operator shall comply with all
pertinent FAR requirements.
|
|
§ 62-21.
Fees.
| A. |
Fuel flowage fee. The collection is hereby
authorized of a fuel flowage fee by the owner from all
parties dispensing aviation fuel at the
airport. The
fuel flowage fee shall be made to the operator/owner at a
rate and in a method described as follows:
| (1) |
FBO fuel delivered shall be subject
to a fee per gallon of fuel flowage as contained as
a part thereof of Schedule F: Fee Schedule of each
fiscal year budget approval. All tenants dispensing
fuel at the
airport shall deliver to the
airport
manager, within 5 days, a fuel delivery slip which
certifies the amount and type of fuel delivered.
Within 30 days after receiving a delivery of fuel to
their premises, the FBO will pay the owner the fee
as outlined in Schedule F: Fee Schedule. Fees unpaid
beyond the thirty-day period shall incur interest at
the rate of 1 1/2% per month.
Editor's Note: Schedule F: Fee Schedule is on file
in the City offices. |
| (2) |
Noncommercial aviation fuel users
shall be subject to a fee per gallon of fuel flowage
as contained as a part thereof of Schedule F: Fee
Schedule of each fiscal year budget approval. All
noncommercial fuel users dispensing fuel at the
airport
shall deliver to the
airport
manager, within 5 days, a fuel delivery slip which
certifies the amount and type of fuel delivered.
Within 30 days after receiving a delivery of fuel to
their premises, the noncommercial fuel user(s) will
pay the owner the fee as outlined in Schedule F: Fee
Schedule. Fees unpaid beyond the thirty-day period
shall incur interest at the rate of 1 1/2% per
month. |
|
| B. |
Other
airport fees.
The collection of other
airport fees
by the owner are authorized to include, but not limited to
the following and are as contained as a part thereof of
Schedule F: Fee Schedule of each fiscal year budget
approval.
| (1) |
Aircraft handling. |
| (2) |
Vehicle parking. |
| (3) |
Aircraft handling. |
| (4) |
Hangar rental.
|
|
§ 62-22.
Violations and penalties.
| A. |
Any person who shall violate any section of
this chapter shall be subject to a penalty as provided in
Chapter 1, General Provisions, § 1-20, General penalty.
|
| B. |
When any premises located in the City is
owned, leased or occupied by two or more persons as joint
tenants, tenants in common, joint lessees or in any other
manner, each person shall see that the provisions of this
chapter are complied with, and each person may be subjected
to a penalty on violation of this chapter. |
|