Sample Airport Rules OrdinanceA
A,
Sections:
11.08.010
Defons
11.08.020
Aircraft Regulations
11.08.030
Aircraft Insurance Requirements
11.08.040
Rates and Charges
11.08.050
Conduct of Business -Restrictions
11.08.060
Commercial Aviation Permit
11.08.070
Hangars and End Rooms
11.08.080
Hangar Waiting Lists
11.08.090
Tie -Downs and Shelters
11.08.100
Flying Clubs
11.08.110
Aviation Fueling Operations
11.08.120
Motor Vehicle Regulations
11.08.130
Airport User Obligations
11.08.140
Fire, Storage and Disposal Regulatior
11.08.150
Hazardous Materials Handling
11.08.160
Special Events
11.08.170
Violation -Penalty
11.08.180
Applicability of Provisions
11.08.190
Appeal Process
For the purposes of this chapter, the following definitions shall apply:
A. "Abandoned Aircraft" means an aircraft that has not been utilized, flown or worked
on for a period of 13 consecutive months when stored inside a hangar or on a tie -
down, and/or has not been maintained in flyable condition as evidenced by obvious
mechanical or physical evidence such as flat tires, missing or broken parts that are
required for the operation of the aircraft.
B. "Accident" means a collision or other contact between any part of an aircraft,
vehicle, person, stationary object and/or other thing which results in property
damage, personal injury, or death; or an entry into or emergence from a moving
aircraft or vehicle by a person which results in personal injury or death to such
person or some other person or which results in property damage.
C. "Aeronautical Activity" means any activity that involves, makes possible, facilitates,
is related to, assists in or is required for the operation of an Aircraft or Airport or
which contributes to, or is required for, the safety of aircraft and/or Airport
operations.
D. "Aircraft" means any contrivance now known or hereafter invented, which is used or
designed for navigation of or flight in air, except a parachute or other contrivance
designed for such navigation but used primarily as safety equipment. This includes,
but is not limited to, airplanes, airships, balloons, dirigibles, rockets, helicopters,
gliders, gyrocopters, ground -effect machines, sailplanes, amphibians, ultra lights,
light sport and seaplanes.
E. "Airplane" means, more specifically, an engine -driven, fixed -wing aircraft heavier
than air that is supported in flight by the dynamic reaction of the air against its
wings.
F. "Agreement," "License" or "Permit" means a written contract, executed by both
parties, and enforceable by law between the City and an individual or entity granting
a concession, transferring rights or interest in land and/or improvements, and/or
otherwise authorizing and/or prohibiting the conduct of certain activities. Such
Agreement will recite the terms and conditions under which the Activity will be
conducted at the Airport including, but not limited to, the term of the Agreement;
rents, fees, and charges to be paid by the individual or entity; and the rights and
obligations of the respective parties. Examples include, but are not limited to,
Commercial Aviation Permits and Hangar Lease Agreements.
G. "Aircraft Maintenance" means the repair, maintenance, alteration, preservation, or
inspection of Aircraft including the replacement of parts and shall be considered
either "major repairs" or "minor repairs". "Major repairs" include major alterations to
the airframe, powerplant, and propeller as defined in 14 CRF Part 43. "Minor
repairs" include normal, routine annual inspection with attendant maintenance,
repair, calibration, or adjustment of Aircraft and their accessories.
H. "Aircraft Operator" means a person who uses, causes to be used, or authorizes to
be used an aircraft, with or without the right of legal control (as owner, lessee, or
otherwise), for the purpose of air navigation including the piloting of aircraft, or on
any part of the surface of the Airport.
I. "Airframe and Powerplant Mechanic (or "A & P Mechanic")" means a person who
holds an Aircraft mechanic certificate with both the airframe and powerplant ratings.
This certification is issued by the Federal Aviation Administration ("FAA") under the
provisions of 14 CFR Part 65.
J. "Airport Operating Area" (AOA) means any area of the Airport used or intended to
be used for landing, taking -off, or surface maneuvering of aircraft.
K. "Airport" means the Livermore Municipal Airport, located in the City of Livermore,
state of California.
L. "Airport Advisory Commission" mean those persons appointed to that position by
the City Council. (1960 code §3A. 10)
T-Hangar (small, medium and large size) - these hangar units are configured to
mirror an airplane's "T" shape, encompass at least 900 square feet of floor space,
and are generally intended to accommodate smaller single and twin -engine
airplanes.
Rectangular - these hangar units encompass at least 1,800 square feet of floor
space and are generally intended to accommodate large single or twin -engine
airplanes.
Executive - these square or rectangular hangars encompass at least 2,500 square
feet of floor space and are generally intended to house corporate or business type
airplanes.
ORDINANCE f
Corporate - these square or rectangular hangars encompass more than 3,600
square feet and are generally intended to house larger corporate or business type
single and • aircraft.
5 ORDINANCE NO. 1814
No person shall maintain based aircraft at the Airport, with or without an agreement
between the individual and the City, unless such person shall maintain a certificate of
public liability and property damage insurance executed by a company authorized to carry
on insurance business in the state. (1960 code § 3A.21) Lessee's insurance shall includ4
the City, its officers, officials, employees, agents and volunteers as additional insureds and
Lessee's insurance coverage shall be primary as respects the City, its officers, officials,
employees, agents and volunteers. Minimum limits of liability and coverages must be
approved the City's Risk Manager.
The rates and charges for the use of the facilities of the Airport, including, but not limited to
leases, overnight parking and landing fees shall be those established from time to time by
resolution of the City Council. (1960 code —3A.18)
7 ORDINANCE NO. 1814
A tenant shall execute the hangar and end room lease agreement and abide by this
chapter, which is a part of the agreement, and which may be amended from time to time.
The term of all hangar agreements shall be on a month -to -month basis until such time as
the lessee or the City provides the other party written notice of termination of the
agreement. Either the tenant or the City may, upon 30-days written notice to the other
party, terminate a hangar agreement. City's termination of the agreement shall be for
cause. Termination of said agreement shall have no effect upon the lessee's obligations
which may have accrued during the term of their hangar agreement prior to the date of
termination by either the lessee or the City.
A. The City leases its hangars solely for the storage of aircraft owned or part -owned by
lessee. End rooms shall only be used for the storage of aviation related equipment.
The lease Agreement shall be executed by the person called from the hangar waiting
list as described in section 11.08.080. Tenant shall indemnify, defend and hold
B.
C.
D.
E.
a
harmless the City, its representatives, officers, employees and agents from any and all
claims, demands, losses or liabilities arising out of the acts or omissions of the hangar
tenant, its officers, employees, agents or contractors. The tenant shall procure and
maintain all applicable insurance in accordance with section 11.08.030.
I. Federal Aviation Administration records will be used to determine aircraft
ownership. The name on the FAA aircraft registration for the primary aircraft
intended to be stored at the Airport must match the name on the hangar waiting
list application and the hangar lease agreement at the time a storage space is
assigned and for the duration of the agreement.
11. In the event of a tenant's death, the hangar lease agreement may be reassigned
to an immediate family member, defined as spouse, mother, father, son or
daughter only.
Ill. If the aircraft is registered in a corporate name, the tenant must provide evidence
of a majority or controlling interest by submitting the articles of incorporation or
organization or similar legal document (approved by the Airport Manager) as
evidence of association with the entity shown as the registered owner of the
aircraft. All rights to the hangar remain with the individual executing the hangar
lease agreement. Tenant agrees to provide notice to the Airport Manager of any
change in corporate status resulting in tenant's less -than -majority interest in the
corporation, within 30 days of such change in corporate status. In the event of
such change, the provisions of section 11.08.070 (H) become applicable and
tenant will be required to produce of evidence of ownership of another aircraft
within 90-days.
Tenant shall not conduct any commercial or revenue producing activities in or from a
hangar without a valid Commercial Aviation Permit.
Hangar rent payments will only be accepted from the tenant whose name appears on
the hangar lease agreement and shall be made by cash, check, cashier's check or
money order.
All notices and communications regarding the hangar will be made solely between the
tenant who has executed the hangar lease agreement and the Airport Manager and/or
his/her designated staff.
Each month's rent shall be due with or without notice or invoice from the City on the
first day of each and every month during the term and the tenant shall be in default if
each such rent payment has not been received by the City by the tenth day of each
subsequent month.
If tenant leases a City -owned executive, rectangular or corporate hangar, additional
aircraft which are not fully or partially owned by the tenant are permitted to share
occupancy of such hangar space, provided that prior to such aircraft occupying the
hangar, the tenant furnishes the Airport Manager with the name, address and
telephone number of the additional aircraft owner along with a copy of the FAA
registration certificate and insurance in accordance with Section 11.08.030 for the
additional aircraft. The tenant shall also furnish the Airport Manager with a notarized
copy of any sublease between the tenant and tenant's sublessees. Each month's rent
(described in section 11.08.070(E)) shall also include fifty percent (50%) of the rental
revenues from tenant's subleases. Tenants holding a valid CAP may be exempt from
this provision.
0. Tenant shall not lock the City's hangar door(s) or permit same to be locked with a
lock other than the lock supplied by the City.
P. To promote proper use of the assigned space for the parking and storage of aircra
any period of non -utilization of the space by the tenant, so assigned in the hangar leas
agreement, for more than one hundred and eighty (180) consecutive days or if th
tenant has not stored the primary aircraft in the assigned space for a minimum of on
hundred and eighty (180) total days per calendar year shall indicate tenant's intent t
vacate the assigned space and result in the termination of the hangar lease agreemen
Notice of termination of the agreement shall be given as required herein. Extensions•
this 180-day time period may be approved at the Airport Manager's discretion upo
written request submitted by tenant, but shall not exceed a total of 24 months.
Q. By execution of a hangar lease agreement, tenant acknowledges receipt of a curre
copy of this chapter, and agrees to abide by the provisions of this chapter as adopte
and as may be amended from time to time by the City Council. The City agrees to
furnish tenant with an updated copy of this chapter whenever amended.
A. The Airport maintains two waiting lists, one for T-hangars and another for large
hangars (e.g., rectangular, executive and corporate hangars). These lists are
derived from a hangar application form which is available at the Airport office or
online at www.ci.livermore.ca.us/airport/hangars.htmi. The application must be
completed by the applicant and submitted to the Airport office along with a
required deposit. The applicants' names will be listed by date in chronological
order with the earlier dates at the top of the list. When a T-hangar or end room
becomes available, the person on the top of that list will be contacted and
offered that unit. After being contacted by staff, the person will have three days
to accept the unit for lease. If the person declines the unit because he or she
does not currently own an aircraft, he/she will remain on the top of the list as
having "passed". After two passes the applicant will be moved to the bottom of
the list.
B. The policy for administering the large hangar waiting list for rectangular,
executive and corporate hangars reflects the City's intention to use these
hangars to store corporate or business -type aircraft and/or to accommodate
entities seeking to conduct commercial aeronautical activities pursuant to the
Airport minimum standards and/or a CAP.
C. Individuals on the list are responsible for keeping their contact information
current at all times. If at any time an individual cannot be contacted at the
address provided, that individual's name will be removed from the list and their
waiting list deposit forfeited.
Such renter shall sign and comply with the conditions in the Airport's aircraft tie -
down rental agreement, and as amended from time to time. (1960 code § 3A.15)
The term of all tie -down agreements shall be on a month -to -month basis until such
time as the tenant or the City provides the other party with written notice of
11 ORDINANCE NO. 181M
A. A flying club must be organized as a non-profit corporation under the laws of the
state or of the United States, or as a duly organized and functioning,
unincorporated association for the purpose of fostering flying for pleasure,
developing skills in aeronautics, including pilotage, navigation, and developing
public awareness and appreciation of aviation requirements and techniques in the
field of aviation and aeronautics.
B. A current roster of officers and directors of each flying club must be filed with the
Airport Manager.
C. All aircraft owned, leased or used by the flying club must be registered with the
Airport Manager. Club members cannot engage in, and club aircraft cannot be
used for, commercial ventures, purposes or operations, and must comply with LIVIC
section 11.08.050.
A. Fueling, defueling, and fuel storage activities on the Airport shall conform to the
current applicable provisions of CFR, Title 14, and guidelines; all appropriate
National Fire Protection Act guidelines; FAA Advisory Circular 150/5230-4 (including
13 ORDINANCE NO. 1814
# 4*
A. Any person operating a vehicle on the Airport must have a valid state Vehicle
Operator's license and evidence of insurance as required by the City. All vehicles
shall meet proper state licensing, registration, and inspection requirements.
B. No person shall operate a motor vehicle on Airport property without displaying a
valid ramp pass so issued by the Airport Manager.
C. No person shall operate a vehicle in a reckless or negligent manner, or in excess of
the posted or designated speed limits, other than emergency vehicles. The speed
limit in aircraft parking and hangar areas is 10 miles per hour.
D. Aircraft and pedestrians have the right of way over vehicular traffic at all times and
in all locations. Vehicle Operators shall observe the directions of traffic signs and
any instructions posted by the City.
E. All vehicles shall pass to the rear of taxiing aircraft.
F. Vehicles are not permitted to enter the movement areas unless an appropriate
clearance has been issued by FAA Air Traffic Control, or City personnel are
escorting the vehicle.
G. Vehicles may park in tie -down areas only between the cables parallel to aircraft and
only in the spaces leased by the vehicle owner.
H. Parking is permitted in designated or assigned areas only. Extended vehicle
parking is allowed only as approved in advance by the Airport Manager.
1. Private vehicles shall not be cleaned and/or maintained anywhere on the Airport,
except for minor repairs that are necessary to remove such vehicle(s) from the
Airport. Vehicles operated by commercial Operators or tenants shall be cleaned
and/or maintained in areas designated by the Airport Manager.
Emua=
A. All tenants and permittees shall be fully responsible to the Airport for all damage to
facilities, equipment, real property, related appurtenances, and all other
improvements in the ownership, care, custody, or control of the Airport when such
damage is caused by the negligence, abuse or carelessness on the part of the
tenant, lessee, permittee or their employees, agents, customers, visitors, suppliers
or persons with whom they do business.
B. The City shall not be responsible for loss, injury, or damage to persons or property
by reason of fire, theft, vandalism, wind, flood, earthquake, collision damage,
insurrection, war, terrorism, or other acts beyond the City's control, nor shall the City
be liable for injury to persons while on the Airport.
C. Tenants and permittees shall indemnify, defend and hold harmless the City, its
officials, representatives, officers, employees and agents from any and all claims,
demands, losses or liabilities arising out of the acts or omissions of the tenant or
permittee, their officers, employees, agents or contractors.
D. The paying of fees or the taking off or landing of aircraft at the Airport shall
constitute an agreement by any person or entity to comply with this chapter.
E. Tenants and permittees shall maintain their leased areas free from all fire hazards
and maintain the same in a condition of repair, cleanliness, and general
maintenance in a manner satisfactory to the Airport Manager, and in accordance
14 ORDINANA���
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A. No objects may be hung from, or attached to fire sprinkler supply pipes.
B. All persons, companies and agencies engaged in any activity at the Airport, whether
occupying Airport -owned buildings or otherwise, shall comply with the provisions of
the Uniform Fire Code and all applicable state and federal fire protection laws and
regulations.
C. Welding, torch -cutting, doping processes, spray -painting, or paint stripping shall be
performed only in those facilities approved for such activities and in compliance with
the Uniform Fire Code and the Airport's SWPPP.
D. All directives issued by the Livermore -Pleasanton Fire Department, the Airport
Manager or other authorized official regarding the removal of fire hazards,
arrangement and modification of equipment, or altering operating procedures
considered unsafe from a fire prevention standpoint, shall be complied with.
15 ORDINANCE NO. 1814
E. No fuels, oils, dopes, paints, solvents, acids or any other hazardous liquids shall be
disposed of or dumped in drains, on ramp areas, catch basins or ditches or
elsewhere on the Airport, unless into containers clearly identified for the recycling of
such liquids.
F. Oily rags or other materials soiled with petroleum -based products may only be
stored in metal containers with self -closing, tight -fitting lids. The use and storage of
all flammable materials (solid and liquids) shall be in compliance with regulatory
measures including the Uniform Fire Code and the Airport's SWPPP.
G. Hangars, including floors, shall be kept clean and clear of the accumulation of oil,
grease, flammable liquids, rags or other waste materials. Storage in the hangar
should be neat and minimal with unobstructed fire or emergency access to the rear
of the hangar at- all times.
H. Extension cords may not be used in lieu of permanent wiring. Installation of
additional wiring for lighting and equipment requires pre -approval by Airport
Manager and a building permit. Installation must be code -compliant and inspected
by the City building inspector with the building permit prominently displayed in the
hangar.
1. Space heaters used in any hangar shall be Underwriters Laboratory or Factory
Mutual listed for hazardous locations. Open flame (propane, kerosene, etc.) space
heaters are prohibited.
J. No furniture, appliances, green waste or other residential waste typically not
generated on the Airport, nor any tires, batteries, paint or any other hazardous
materials shall be disposed of at the Airport -provided waste container sites.
Emi'i'
A. No individual or entity shall store, keep, handle, use, dispense, discharge, or
transport on the Airport any Hazardous Material in contravention of chapter 16.04 of
the Livermore Municipal Code.
I. Approved storage of hazardous waste on the Airport must be placed in
suitable receptacles with self -closing covers that are properly secured. ,
If. Material Safety Data Sheets (MSDS) for all hazardous materials shall be
maintained on site so as to be readily available to emergency responders in
the event of an emergency and for review by the Airport Manager and the Fire
Marshal.
Ill. No entity shall use, keep or permit to be used or kept, any foul or noxious gas
or substance at the Airport, or permit or suffer the Airport to be occupied or
used in a manner offensive or objectionable to the Airport Manager or other
users by reason of noise, odors and/or vibrations, or interfere in any way with
other occupants or those having business therein.
IV. Storage of hazardous materials in any quantity requires the presence of
strategically placed spill kits to be used for the immediate containment of any
spills. A spill kit will include sufficient absorbents and spill containment
capable of damming or diking a spill.
B. The State of California, the Fire Department and the Airport require immediate
notification of any hazardous spill in excess of 25 gallons (calling 911 is
appropriate). Hazardous spills that require reporting include, but are not limited to;
jet fuel, gasoline, fuel oil, hydraulic oil, motor oil, turbine oil, alcohol, glycol and all
similar chemicals that could be considered hazardous.
C. In the event a hazardous spill occurs of any magnitude, the responsible party of
such spill shall take immediate action in the containment, clean up, and remediation
of such hazardous spill. The following procedures shall be implemented in
managing a hazardous spill:
1. Determine the threat to the immediate public.
11. Contain the spill with an absorbent.
Ill. Block all storm water drains that could be impacted by such a spill.
IV. Apply the proper absorbent from strategically placed spill kits. All liquids an@
or absorbents shall be dispo sed of or reused per applicable Regulato
Measures.
V. Make a record of the spill at the facility.
VI. Notify the Airport Manager who may have additional requirements based on
the nature and quantity of the spill.
D. Should the Airport Manager determine that during the course of an environmental
incident the responsible party is not capable of, has not, or refuses to take the
appropriate action in a timely manner to mitigate the adverse environmental incident
(in the sole discretion of the Airport Manager), the Airport Manager reserves the
right to take action and/or employ those services that the Airport Manager
determines appropriate to control and/or clean up the site. The cost of such
services shall be borne by the responsible party.
HHUtRISTT-11111111150ITT".
A. Special events shall not be held unless written approval is first obtained from the
Airport Manager and any other agency or City department having jurisdiction over
the event.
B. Written authorization shall specify the areas of the Airport authorized for such
special use, the dates and duration of such use, and any other terms and conditions
deemed necessary.
A. Any person who violates any provision of these rules and regulations, or any
provision of an ordinance of the City pertaining to the use of the Airport may, in
addition to any penalties otherwise provided, be subject to termination of the lease
and/or commercial aviation permit (1960 code § 3A.22). Said person shall pay all
costs in connection therewith, including attorney's fees.
B. The City reserves the right to prohibit any person or entity from using the Airport or
engaging in activities at the Airport (and/or revoke or suspend any privileges
granted to any person or entity) upon determination by the Airport Manager that
such person or entity has not complied with this chapter, any applicable regulatory
measure, any directives issued by the City, or has otherwise jeopardized the safety
of person or entities utilizing the Airport or the land and/or improvements located at
the Airport.
�61:1*10LTNL W:SNl Rds HER
Operators currently providing Activities without an Agreement or a Commercial
Aviation Permit with the City will have six (6) months from the date of adoption of
this ordinance and the Minimum Standards for Commercial Aeronautical Activities
to comply with the standards and requirements set forth therein. these Minimum
Standards shall apply to any new Agreement or any amendment to an existing
Agreement relating to the occupancy or use of Airport land or Improvements for
General Aviation Aeronautical Activities. Any failure to bring such Activities into
compliance with the provisions set forth herein shall be deemed to violate this
chapter.
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A person found in violation of these sections or any order or directive of the Airpo
Manager related thereto may appeal such ruling by submitting a request for appe
in writing within 10 days of a determination of violation to the Director of Publ'
•
The appeal shall contain i) a statement specifying the grounds for the appe'
together with all material facts in support of the appeal; ii) the signature of th-
appellant and a verification as to the truth of the matter stated in the appeal. Th-
Director of Public Works shall, as soon as practicable, but no longer than 30 da
after receipt of the appeal, schedule a hearing on the appeal. The appellant sh
receive at least 5 days' notice of the hearing date, time and location. Upo
conclusion of the hearing, the Director of Public Works shall either uphold or den
the appeal and shall issue a written notice setting forth the reasons for the decisio
The decision shall be served upon the appellant. The Director's determination
final.
Section 2. Publication. This ordinance or a comprehensive summary thereof
shall be published once in a newspaper of general circulation of the City of Livermore
within fifteen days after its adoption.
Section 3. Effective Date. This ordinance shall take effect thirty days after its
adoption.
The foregoing ordinance was introduced, read, and passed by the following vote at
the regular meeting of the Livermore City Council held on the 25 th day of June, 2007:
AYES Councilmembers Dietrich, Leider, Reitter, Vice Mayor Marchand and Mayor Kamena
NOES: None
ABSENT: None
ABSTAIN: None
The ordinance was adopted at the regular meeting of the Council held on jUly 91h,
2007, by the following vote:
AYES Councilmembers Dietrich, Leider, Vice Mayor Marchand and Mayor Kamena
NOES: None
ABSENT: None
ABSTAIN: None
CITY CLERK
ALICE CALVERT
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