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HomeMy WebLinkAbout6821 ORDINANCE NO. 6821 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RELATING TO THE OPERATIONS OF THE AUBURN MUNICIPAL AIRPORT, REPEALING CHAPTER 8.36 AND VARIOUS SECTIONS OF CHAPTER 12.56, AMENDING VARIOUS OTHER SECTIONS OF CHAPTER 12.56, AND ADDING A NEW SECTION TO THE AUBURN CITY CODE WHEREAS, the City of Auburn modified the management structure of the Auburn Municipal Airport from contract management services to management by city employees; and WHEREAS, this management structure change has resulted in the need to repeal and/or amend various provisions of the Auburn Municipal Code related to airport operations to clarify, organize and simplify the City's code regarding airport operations; and WHEREAS, a new section regarding derelict aircraft should be added to the code to clarify and enhance airport staffs ability to address such aircraft on airport property for the safety and efficiency of airport operations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN as follows: Section 1. Repeal of certain Auburn City Code chapters and/or sections. The following Auburn City Code Chapters and/or sections and underlying ordinance language are hereby repealed: ACC Chapter 8.36 Ultralights ACC 12.56.200 Aircraft — Posted traffic pattern conformance required ACC 12.56.300 Aircraft— Operation in hangars ACC 12.56.310 Aircraft — Moving Ordinance No. 6821 May 12, 2021 Page 1 of 3 ACC 12.56.410 Aircraft storage hangars — Electrical outlet use restrictions Section 2. New Section to City Code. A new section, ACC 12.56.385 "Derelict Aircraft," is added to ACC Chapter 12.56 to read as follows: ACC 12.56.385 Derelict Aircraft. A. Storage of derelict aircraft prohibited. No person may park or store a derelict aircraft on airport property. A derelict aircraft is an aircraft or any aircraft components: 1. not being actively restored, constructed, or maintained; or 2. not in flyable condition; or 3. not certified airworthy by the Federal Aviation Administration. B. Removal of derelict aircraft. 1. The Airport Manager or designee may immediately remove a derelict aircraft that obstructs a taxiway, runway, or parking area, or that endangers the safety of persons or property at the airport. 2. Otherwise, upon finding a derelict aircraft on airport property, the Airport Manager or designee may post a notice on the aircraft and/or give written notice to the aircraft owner requiring removal of the aircraft from airport property within 10 business days. The Airport Manager or designee may remove any derelict aircraft thereafter remaining on airport property. 3. In either case, the costs of towing, removal and/or storage of the aircraft shall be paid by its owner. The City shall not be liable for any costs or damages resulting from the removal. Section 3. Amendment to City Code. Certain sections within Auburn City Code Chapter 12.56 are amended to read as set forth on Exhibit A of this ordinance. Section 4. Implementation. The Mayor is authorized to implement those administrative procedures necessary to carry out the directives of this legislation. Ordinance No. 6821 May 12, 2021 Page 2 of 3 Section 5. Severability. 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 of it to any person or circumstance, will not affect the validity of the remainder of this ordinance, or the validity of its application to other persons or circumstances. Section 6. Effective date. This Ordinance will take effect and be in force five days from and after its passage, approval, and publication as provided by law. INTRODUCED: MAY 1 7 2021 PASSED: MAY 1 7 2021 APPROVED: MAY 17 2021 fANCY :' k KUS,'MAYOR ATTEST: APPROVED AS TO FORM: S awn Campbell, MMC, City Clerk Kendra Comeau, City Attorney Published: 1V1(1� Seaft 'MU Ordinance No. 6821 May 12, 2021 Page 3 of 3 EXHIBIT A— ORD. 6821 ACC 12.56.020 Use rules and regulations —Adopted — Obedience required. Adopted Airport Rules and Regulations. The Airport Rules and Regulations as approved, supplemented and amended by the Airport Manager for continued operation of the Airport facilities and to be in conformance with all state and federal regulations governing the use and operation of the airport are herein referred to as the "rules and regulations" and are adopted.by reference. • - • _ _ - . - . _ _ _ . e- - All persons using the airport or any facilities thereon in any manner, including the operation of aircraft or motorvehicles, shall obey all applicable rules and regulations established or adopted. ACC 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 they shall release, hold harmless and indemnify the city, members of the city council and airport semmitteeboard, 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. ACC 12.56.120 User's responsibilities. It shall be the responsibility of all aircraft owners, operators and users of the airport, or anyone who enters property under airport jurisdiction, to adhere to these adopted rules and regulations as currently written or amended. Entering onto property under jurisdiction of the airport constitutes usage. ACC 12.56.130 Federal aircraft operation regulations adopted. Federal Aviation Administration The rules and regulations_ promulgated by the Federal A L . - . . . . • - • - - - - referred to, as now enacted or hereafter amended are adopted by reference into this Chapter. - • - - - - - -- - - - - •- • - - - ' - - e-- - • -- -- - ACC 12.56.380 Aircraft storage hangars — Use restrictions. Aircraft storage hangars are for the sole purpose of storing active aircraft.__Je-ether 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. ACC 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. At no time shall an aircraft or vehicle be left unattended while fueling. F. Fueling operations shall be conducted at least 50 feet from any hangar or building. G. No cell phone use, electrical or radio equipment shall be operated during fuel operations, and master switches and magneto switches shall be in the "off' position. H. No aircraft shall be started when there is fuel on the ground, under or near the aircraft. I. No person shall drain or cause to be drained aircraft sumps on hangar floors or on asphalt-paved areas. J. 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. K. 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. L. 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. M. No material of any nature shall be stored in such a manner so as to constitute a fire hazard. N. No smoking shall be permitted in any hangars where it is hazardous to do so or where "no smoking" signs are posted. 0. Hangar entrances shall be kept sufficiently clear to permit ready access to buildings to combat fires. P. The storage, handling and use of all flammable liquids shall be as provided for in ACC 15.36Aby the city fire prevention code. Q. Application of a Class I or II flammable liquid or the spraying of any flammable or combustible material is prohibited inside aircraft hangars. R. Batteries shall only be charged while the owner, operator or tenant is in attendance. Aircraft batteries shall not be connected to a charger when installed in an aircraft located inside or partially inside a hangar. Exceptions to this are approved, low amperage battery maintainers. S. Extension cords shall not be used as a substitute to permanent wiring and shall only be used with portable appliances. T. Extension cords shall be maintained in good condition without splices, deterioration or damage. U. Extension cords shall be plugged directly into an approved receptacle, power tap or multi-plug adapter and should serve only one portable appliance. V. Provide clear and unobstructed access to all fire extinguishers. W. Fire extinguishers shall be serviced annually by a qualified person. X. Aircraft hangars and storerooms shall be subject to annual and periodic inspections by airport staff and Valley Regional Fire Authority to ensure compliance with all laws, ordinances and these regulations. Y. All fueling operations shall comply with the most recent edition of the National Fire Prevention Association (NFPA) 407, Standard for Aircraft Fuel Servicing. Z. 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. ACC 12.56.450 Vehicular traffic and parking regulations. A. Unless authorized by the airport supervisormanaqer, 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 1025 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 supervisermanager. 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 supeyisermanager, park ene-automobile within that hangar for the duration of time that the aircraft housed therein is on a GFASS- GGuRtPy flight, with the reservation that any and all such vehicles would be under the control of the airport super ,isermanager, and the vehicle(s) parked therein shall be so parked at the owner's risk and the city accepts no liability for loss thereof or damage, etc. - - - -- - - -- - •• - .. - .. . - -- - • . - - - - - - 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. ACC 12.56.470 Violation — Penalty. In addition to the above penalties, anyone who violates or fails to comply with any provisions of this chapter or of the rules adopted hereunder or under ACC 2.18.020 shall, upon conviction thereof, be punished as provided in ACC 1.25.050 and, unless a different penalty or provision is stated, any violation of this chapter or the airport rules and regulations or the airport minimum operating standards may be enforced pursuant to Chapter 1.25 ACC. A violation of any of the rules or regulations set forth in this chapter shall be deemed sufficient cause for the airport supewisermanager to deny or prohibit access to or use of the airport by the responsible person or firm.