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HomeMy WebLinkAbout5220 ORDINANCE NO. 5 2 2 0 AN ORDINANCE OF THE CITY OF AUBURN, WASHINGTON, AMENDING AUBURN CITY CODE CHAPTER 12.56 ENTITLED "AIRPORT", SPECIFICALLY SECTION 12.56.045 "AIRPORT TIEDOWN, HANGAR AND STORAGE RENTAL FEES", TO INCREASE THE RENTAL RATES BY 10 (TEN) PERCENT. WHEREAS, the City of Auburn operates the Municipal Airport as an asset to benefit the community; and WHEREAS, the Municipal Airport operates as an enterprise fund requiring that maintenance and operations be fully funded by revenues therefrom; and WHEREAS, the rental rate for hangers, tie down space, and storage space has not been increased for a period of five years, and WHEREAS, both the Airport Advisory Board and Municipal Services Committee of the City Council have reviewed the matter and recommended adopting a 10% increase in monthly rental rates. Effective immediately, establish rental rates for new hangars and store rooms, and establish annual rates until December 31, 2002. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Ordinance 5220 September 16, 1999 Page 1 Section 1. Auburn City Code Chapter 12.56 entitled "Airport", specifically Section 12.56.045 "Airport tiedown, hangar and storage rental fees" is hereby amended as set forth on attached Exhibit "A" and made a part hereof as though set forth in full herein. Section 2. The provisions of this ordinance are declared to be separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the application thereof to any person or circumstance shall not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This Ordinance shall take effect and be in force five (5) days from and after its passage, approval and publication, as provided by law. INTRODUCED: September 20, 1999 PASSED: September 20, 1999 APPROVED: September 20, 1999 ~A~'OR Ordinance 5220 September 16, 1999 Page 2 ATTEST: Damelie E. Daskam, City Clerk APPROVED AS TO FORM: PUBLISHED: Ordinance 5220 September 13, 1999 Page 3 ORDINANCE NO. 5220 EXHIBIT "A" Chapter 12.56 AIRPORT Sections: 12.56.010 Airport supervisor defined. 12.56.020 Use rules and regulations - Adopted - Obedience required. 12.56.030Airport purpose. 12.56.040Hours. 12.56,045 Airport tiedown, hangar and storage rental fees. 12.56.048 Regulations for airport rental and use and collection of charges contained in RCW 14.08.122 adopted - Copies filed and authenticated. 12.56.050 Special services and facilities. 12.56.060 Commercial use - Lease, permit or license required. 12.56.070City's nonliability. 12 56 080 General regulations. 12 56 090 Advertising restrictions. 12 56 100 Airport property - Damage or alteration. 12 56 110 Unauthorized area use. 12 56 120 User's responsibilities. 12 56 130 Federal aircraft operation regulations adopted. 12 56 140 Aircraft operation regulations compliance required. 12.56.150Flight operation suspension authorized when. 12.56.160 Aircraft operation under the influence of liquor or drugs prohibited. 12.56.170 Aircraft - Wheel brakes required - Tail skid prohibited. 12.56.180Aircraft - Taxiing restrictions. 12.56.190Aircraft - Approach for takeoff. 12.56.200 Aircraft - Posted traffic pattern conformance required. 12.56 210 Aircraft - Formation takeoff prohibitions. 12.56 220 Aircraft - Turning after takeoff. 12.56 230 Aircraft - Traffic patterns. 12.56 240 Aircraft - Entering or leaving traffic pattern. 12.56 250 Aircraft - Distance between in flight. 12.56 260 Aircraft - Airspeeds. Ordinance No. 5220 Exhibit "A" September 13, 1999 Page 1 12.56.270 Aircraft - Enplaning or deplaning on runway - Restrictions. 12 56.280 Aircraft - Maintenance and repairs. 12 56.290 Aircraft - Restrictions on starting engines. 12 56.300 Aircraft - Operation in hangars. 12 56.310 Aircraft - Moving. 12 56 320 Accident reports. 12 56 330 Unattended aircraft - Securing required. 12 56 340 Aircraft registration. 12 56 350 Privately owned aircraft parking. 12 56 360 Transient aircraft parking. 12 56 370 Parking only tenant-owned aircraft. 12 56 380 Aircraft storage hangars - Use restrictions. 12 56 390 Aircraft storage hangars - Keeping doors closed. 12.56.400Aircraft - Weight restrictions. 12.56.410 Aircraft storage hangars - Electrical outlet use restrictions. 12.56.420Flying club membership lists. 12.56.430 Aircraft storage hangars - Spraying flammable liquids prohibited. 12.56.440Fire regulations. 12.56.450Vehicular traffic and parking regulations. 12~56,460Military-type and experimental-type aircraft regulations. 12.56.470 Violation - Penalty. 12.56.010 Airport supervisor defined. "Airport supervisor" means the supervisor of the municipal airport, or his authorized representative. 12.56.020 Use rules and regulations - Adopted - Obedience required. The rules and regulations set out in this chapter are established and adopted for the use of the Auburn Municipal Airport referred to in this chapter as the "airport." All persons using the airport or any facilities thereon in any manner, including the operation of aircraft or motor vehicles, shall obey all applicable rules established or adopted. 12.56.030 Airport purpose. The Auburn Municipal Airport shall be conducted as a public air terminal facility for the promotion and accommodation of air commerce, general aviation and recreational flying. Ordinance No. 5220 Exhibit "A" September 13, 1999 Page 2 12.56,040 Hours. The airport shall be open for public use during all reasonable hours of the day and night, subject to such restrictions due to inclement weather, condition of the landing areas, presentation of special events and like causes as may be determined by the airport supervisor. 12.56.045 Airport tiedown, hangar and storage rental fees. The following monthly rates and charges are established at the Auburn Municipal Airport and shall be effective as outlined below: Effective October 1, 1999 Open hangar (buildings 3, 4, 5, 6, 7) $134.00 $147.40 Open twin hangar (building 8) $175.00 $192.50 Closed hangar (building 2) $189.00 $207.90 Closed hangar (buildings 9, 10) $327.24 Tie down $ ~3.00 $ 53.00 Storage units (buildings 2, 3, 4, 5, 6, 7, 8) $ 55.00 $ 60.50 Storage units (185 sq. ft. - buildings 9, 10) $ 80.00 Storage units (380 sq. ft. - buildings 9, 10) $120.00 Storage units (430 sq. ft. - buildings 9, 10) $140.00 Effective January 1, 2001 Open hangar (buildings 3, 4, 5, 6, 7) $151.09 Open twin hangar (building 8) $197.31 Closed hangar (building 2) $213.10 Closed hangar (buildings 9, 10) $335.42 Tie down $ 54.33 Storage units (buildings 2, 3, 4, 5, 6, 7, 8) $ 62.01 Storage units (185 sq. ft. - buildings 9, 10) $ 82.00 Storage units (380 sq. ft. - buildings 9, 10) $123.00 Storage units (430 sq. ft. - buildings 9, 10) $143.50 Effective January 1, 2002 Open hangar (buildings 3, 4, 5, 6, 7) $154.87 Open twin hangar (building 8) $202.24 Closed hangar (building 2) $218.43 Closed hangar (buildings 9, 10) $343.81 Tie down $ 55.69 Storage units (buildings 2, 3, 4, 5, 6, 7, 8) $ 63.56 Storage units (185 sq. ft. - buildings 9, 10) $ 84.05 Ordinance No. 5220 Exhibit "A" September 13, 1999 Page 3 Storage units (380 sq. ft. - buildings 9, 10) $126.08 Storage units (430 sq. ft. - buildings 9, 10) $147.09 Rates include applicable Washington State Leasehold Tax. 12.56.048 Regulations for airport rental and use and collection of charges contained in RCW 14.08.122 adopted - Copies filed and authenticated. RCW 14.08.122 is hereby adopted by reference, including all future amendments or additions thereto, and under the provisions of RCW 35A.12.140, the section hereby codified shall be published as required by law, but RCW 14.08.122 adopted by reference need not be published but shall be authenticated and recorded with the Auburn city clerk, and not less than one copy of ROW 14.08.122 in the form in which it was adopted shall forthwith be filed in the office of the Auburn city clerk for use and examination by the public. 12.56.050 Special services and facilities. Special services may be rendered or special facilities may be provided on such terms as the city council may prescribe from time to time. 12.56.060 Commercial use - Lease, permit or license required. No person shall use the airport as a base for the carrying on of commercial and business activities, for the carrying for hire of passengers, freight, express or mail, for the instruction in aviation in any of its branches, for the sale of aircraft, except that an individual aircraft owner may, if he is leasing accommodations at the airport, sell his own aircraft, such sales being limited to the sale of one aircraft per calendar year, for the sale of refreshments or any commodity or service, or for any other commercial purpose unless a lease, permit or license has been granted by the city. 12.56.070 City's nonliability. The privilege of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user thereof, and he shall release, hold harmless and indemnify the city, members of the city council and airport committee, its officers and employees from any liability or loss resulting from such use, as well as against claims of third persons so using the airport. The exercise of the privilege of use constitutes an acknowledgment that the city maintains the airport in a governmental capacity. Ordinance No. 5220 E~hibit "A" September 13, 1999 Page 4 12.56.080 General regulations. A. Pedestrians and bicycles are not permitted on the runways and taxiways. B. Persons found in areas marked "no admittance" or "lessees only" shall be considered trespassers. C. Vehicles must be parked in designated areas. D. Trash must be deposited in proper receptacles. E. The traffic pattern shall be flown as closely as possible to that indicated by the traffic pattern map. F. Landing aircraft shall expedite clearing the runway as rapidly as safety permits. Aircraft making touch-and-go landings shall not unduly restrict other landing aircraft. G. No one, except designated instructors, are permitted to enplane or deplane aircraft on the taxiways, and then only for the purpose of solo student instruction. H. It shall be the aircraft owner's responsibility to at all times insure that his aircraft remains properly secured. 12.56.090 Advertising restrictions. No signs, posters or other advertising material shall be posted or distributed on the airport without prior permission of the airport supervisor and then only when such posting or distributing is not in conflict with other city ordinances governing posting or distributing, erection and then only if not in conflict with airport committee policy. 12.56.100 Airport property - Damage or alteration. A. Any person damaging any airport light, fixture or other airport property shall immediately report such damage to the airport supervisor's office in writing and shall be fully responsible for any costs required to replace or repair the damaged property. B. No person shall modify and/or add to or otherwise change the appearance of or structural integrity of airport- owned facilities unless specifically authorized by the airport committee in writing to do so. 12.56.110 Unauthorized area use. No person shall enter unauthorized areas unless permission has been granted by the airport supervisor. 12.56.120 User's responsibilities. It shall be the responsibility of all aircraft owners, operators and users of the airport to become familiar with and adhere to these rules and regulations. Entering onto property under jurisdiction of the airport constitutes usage. Ordinance No. 5220 Exhibit "A" September 13, 1999 Page 5 12.56.130 Federal aircraft operation regulations adopted. The rules and regulations promulgated by the Federal Aviation Agency and presently in effect and all additions or amendments thereto are referred to, adopted and made a part of these regulations as fully in all respects as if particularly set forth in this chapter. 12.56.140 Aircraft operation regulations compliance required. No person shall navigate any aircraft over, land upon or take off from, or service, repair or maintain any aircraft on the airport, or conduct any operation on or from the airport, otherwise than in conformity with this chapter and the rules and regulations of the Federal Aviation Agency. 12.56.150 Flight operation suspension authorized when. The airport supervisor, or his appointed assistant, may restrict or suspend any or all flight operations when required for the interest of safety, military need or special circumstances. 12.56.160 Aircraft operation under the influence of liquor or drugs prohibited. No person shall operate or assist in the operation of any aircraft while under the influence of or affected by the use of any intoxicating liquor, narcotic or habit-forming drug. No alcoholic beverage may be consumed on the airport unless the city council has approved and designated a place for the sale and consumption thereof. 12.56.170 Aircraft - Wheel brakes required - Tail skid prohibited. No person shall operate any aircraft on the airport unless the aircraft is equipped with effective and functioning wheel brakes, nor shall any person use or operate on the airport any aircraft equipped with a tail skid in place of a tail wheel. 12.56.180 Aircraft - Taxiing restrictions. No person shall taxi any aircraft unless there will be no danger of collision with any person or object. All aircraft shall be taxied at a safe and reasonable speed commensurate with safe operation in relation to existing conditions and with due regard for other aircraft, persons and property. Aircraft shall not be taxied in excess of 15 miles per hour in building and parking areas and on ramps. Ordinance No. 5220 Exhibit ~'A" September 13, 1999 Page 6 12.56.190 Aircraft - Approach for takeoff. Aircraft approaching the runway for takeoff shall be stopped at least 88 feet from the centerline of the runway in use and shall not be taxied onto the runway without the pilot first having made a visual check of air traffic. 12.56.200 Aircraft - Posted traffic pattern conformance required. All aircraft, except in an emergency, shall conform to the established traffic patterns as posted in the airport administration building. 12.56.210 Aircraft - Formation takeoff prohibitions. Formation takeoffs are prohibited, except in the case of a bona fide special event authorized by the city council in writing. 12.56.220 Aircraft - Turning after takeoff. After takeoff, no turn shall be made until the airport boundary has been reached and the aircraft has obtained an altitude of at least 455 feet above sea level and the pilot of the aircraft has determined that such a turn can be made safely. 12.56.230 Aircraft - Traffic patterns. The established traffic pattern is as posted in the airport administration building at an altitude of 855 feet above sea level and aircraft shall enter the traffic pattern from straight and level flights, as indicated by the traffic pattern .map. Helicopters shall enter and maintain a normal traffic pattern. 12.56.240 Aircraft - Entering or leaving traffic pattern. Aircraft entering or leaving the traffic pattern shall exercise extreme caution and shall not cause other aircraft in the pattern to deviate from their course. 12.56.250 Aircraft - Distance between in flight. Safe distances shall be maintained between aircraft in the traffic pattern and there shall be no passing or cutting in front of other aircraft in the pattern. 12.56.260 Aircraft - Airspeeds. Aircraft in the pattern shall maintain 80 miles per hour minimum airspeed on downwind, 70 miles per hour minimum airspeed on base leg, and speed commensurate with the aircraft characteristics on final approach. Pilots shall avoid long, flat final approaches at minimum airspeeds. Ordinance No. 5220 Exhibit September 13, 1999 Page 7 12.56.270 Aircraft - Enplaning or deplaning on runway - Restrictions. Except in emergency, no person shall board or disembark from any aircraft on the taxiway, landing or takeoff area of the airport unless he is a designated flight instructor who may disembark on a taxiway for the purpose of solo flight instruction. 12.56.280 Aircraft Maintenance and repairs. No aircraft shall be permitted to remain on any' part of the taxiway, landing or takeoff area for the purpose of repairs, and all repairs shall be effected at places designated therefor. Only minor preventative maintenance authorized by the federal aviation regulations to be performed by a private pilot on type certified aircraft shall be permitted in areas other than authorized maintenance shops. Experimental aircraft shall be subject to the same rule concerning repairs as if they were certified aircraft. 12.56.290 Aircraft - Restrictions on starting engines. An aircraft engine shall not be started unless a competent operator is at the controls and adequate brakes are fully set or the wheels are set with blocks. Aircraft engines may only be run up after it is determined that propwash will not endanger other aircraft, property or persons. 12.56.300 Aircraft - Operation in hangars. No aircraft shall be taxied into or out of a hangar. Aircraft engines shall not be operated within hangars, but may be electrically cranked in the hangar during servicing operations. 12.56.310 Aircraft - Moving. Upon direction of the airport supervisor, the operator, owner or pilot of any aircraft on the airport shall move the aircraft to any place designated on the airport. If the operator, owner or pilot refuses to comply with the directions, the airport supervisor may have the aircraft moved to such place at the owner's expense and without liability for damage that may result from such moving. 12.56.320 Accident reports. Accidents of any nature occurring on the airport shall be reported, as soon as practicable, to the airport supervisor in writing along with names and addresses of persons involved and witnesses. Ordinance No. 5220 Exhibit "A" September 13, 1999 Page 8 12.56.330 Unattended aircraft - Securing required. No aircraft shall be left unattended unless properly secured. The airport supervisor may secure the aircraft at the owner's expense and without liability for damage that may occur from such securing. 12.56.340 Aircraft registration. Any person electing to base his aircraft on the airport shall register the aircraft with the airport supervisor or with whomever in the employment of the city that the airport supervisor designates. Change of ownership or removal of the aircraft from the airport shall not relieve the registered owner from payment of applicable fees unless 30 days' prior written notice is given. 12.56.350 Privately owned aircraft parking. Privately owned aircraft shall be parked only in designated storage areas assigned them by the airport supervisor. 12.56.360 Transient aircraft parking. Transient aircraft shall park only in designated areas and shall pay a fee for parking based upon the fee schedule adopted from time to time by the city. 12.56.370 Parking only tenant-owned aircraft. Airport tenants shall park only aircraft owned by them in areas leased to them. 12.56.380 Aircraft storage hangars - Use restrictions. Aircraft storage hangars are for the sole purpose of storing aircraft. No other item may be stored within except as provided in ACC 12.56.450(E), and except ladders, cans, boxes, etc., and then only with the prior approval of the airport supervisor. 12.56.390 Aircraft storage hangars - Keeping doors closed. Storage hangar doors are to be closed when the lessee or the lessee's aircraft is not within the structure. 12.56.400 Aircraft - Weight restrictions. Usage of the airport is restricted to powered aircraft under 12,500 pounds gross weight. 12.56.410 Aircraft storage hangars - Electrical outlet use restrictions. Lessees of storage hangars may not leave electrical cords plugged in convenience outlets unattended and convenience Ordinance No. 5220 Exhibit "A" September 13, 1999 Page 9 outlets are not to have electric heaters plugged into them or into the cords served by these outlets. 12.56,420 Flying club membership lists. Flying clubs must provide the airport supervisor with a current listing of all members. 12.56.430 Aircraft storage hangars - Spraying flammable liquids prohibited. No flammable liquid (paint or other combustible) shall be sprayed within a storage hangar. 12.56.440 Fire regulations. A. No aircraft shall be fueled or drained while the engine is running or while the aircraft is in a hangar. B. During all fuel operations the aircraft and appurtenances used in fueling shall be grounded by an approved method. C. Personnel engaged in fueling operations shall exercise care to prevent overflow of fuel or other damage to aircraft. D. Smoking or the lighting of an open flame shall be prohibited within 50 feet of any fuel operation. E. Fueling operations shall be conducted at least 50 feet from any hangar or building. F. No electrical or radio equipment shall be operated during fuel operations, and master switches and magneto switches shall be in the "off" position. G. No aircraft shall be started when there is fuel on the ground, under or near the aircraft. H. No person shall drain or cause to be drained aircraft sumps on hangar floors or on asphalt-paved areas. I. Hangar floors shall be kept clean and free from oil, and no flammable solvent shall be used for cleaning purposes in shops, hangars or other buildings. J. No boxes, crates, rubbish, paper or other litter shall be permitted to accumulate on the airport or in any hangar or other building, and all oil, paint, dope and varnish containers shall be removed from hangars immediately upon being emptied. K. Degreasing of aircraft and/or aircraft engines shall be permitted only in maintenance shops or in areas so designated. Degreasing shall not be done by the spraying of a flammable liquid. L. No material of any nature shall be stored in such a manner so as to constitute a fire hazard. M. No smoking shall be permitted in any hangars where it is hazardous to do so or where "no smoking" signs are posted. Ordinance No. 5220 Exhibit "A" September 13, 1999 Page 10 N. Hangar entrances shall be kept sufficiently clear to permit ready access to buildings to combat fires. O. The storage, handling and use of all flammable liquids shall be as provided by the city fire prevention code. P. Whenever the provisions of this chapter, city ordinances, state and federal laws are not applicable for any reason to any situation involving the protection of persons and property from the hazards of fire and explosions, the materials, methods of construction, installation, practices or operation necessary to provide such protection shall be in accordance with nationally recognized and accepted standards. 12.56.450 Vehicular traffic and parking regulations. A0 Unless-authorized by the airport supervisor, no highway vehicle or bicycle shall be operated on the airport except on roadways, parking areas or places that are designated for such vehicles. B. No person shall operate any vehicle in a careless or negligent manner or in disregard for the safety of others or in excess of posted speed traffic signs, and in no event in excess of 25 miles per hour. C. Highway vehicles shall always yield the right-of-way to aircraft on the ground or in the process of landing or taking off. D. Any accident involving motor vehicles on the airport shall be reported to the airport supervisor. This shall not be taken to mean that the normal requirement to report accidents to the police department is waived, but is in addition to that requirement. E. Vehicles shall only be parked in a manner and in areas so designated for such purpose. Aircraft owners who lease storage hangar space from the city may, at the discretion of the airport supervisor, park one automobile or pickup truck within that hangar for the duration of time that the aircraft housed therein is on a cross-country flight, with the reservation that any and all such vehicles would be under the control of the airport supervisor, and the vehicle parked therein shall be so parked at the owner's risk and the city accepts no liability for loss thereof or damage, etc. Locked vehicles parked in storage hangars must .be parked with the gear selector lever in neutral, with the brakes released and one wheel adequately chocked. F. Illegally parked vehicles may be issued parking violation citations, moved to designated parking areas, impounded, or any combination of the above three provisions. A charge for such towing will be levied and the airport shall not assume any liability for damage while moving such vehicle. Ordinance No. 5220 Exhibit "A" September 13, 1999 Page 11 12.56.460 Military-type and experimental-type aircraft regulations. A. "Experimental-type" means any aircraft that is so classified by the Federal Aviation Administration. B. "Military-type" means any aircraft originally produced by vendor under contract to the Secretary of Defense or the Defense Department. C. Military aircraft are allowed the use of the field solely at the discretion of the airport supervisor. Should any aircraft of this type prove unduly noisy, burdensome or seem to constitute a hazard, the airport supervisor shall cause such aircraft to be removed from the field. D. Experimental aircraft shall be governed by the same rules as nonmilitary aircraft. E. During its FAA required solo test period, experimental aircraft are required, prior to using Auburn Municipal Airport for flight purposes, to file a copy of public liability and property damage insurance policies or certified copies of same together with evidence of premium payments issued by a responsible insurance company and naming the city as additional insured, which insures against all claims for personal injury, death and property damage, arising out of the operation of the experimental aircraft. The limits of such public liability and property damage insurance shall be not less than $1,000,000 combined single limit, each occurrence. 12.56.470 Violation - Penalty. In addition to the above penalties, anyone who violates or fails to comply with any provisions of this chapter shall upon conviction thereof be punished as provided in ACC 1.24.010. A violation of any of the rules or regulations set forth in this chapter shall be deemed sufficient cause for the airport supervisor to deny or prohibit access to or use of the airport by the responsible person or firm. Ordinance No. 5220 Exhibit "A" September 13, 1999 Page 12