HomeMy WebLinkAbout08-13-2012 Agenda Packet
Municipal Services Committee
August 13, 2012 - 3:30 PM
City Hall Conference Room 3
AGENDA
I.CALL TO ORDER
A.Roll Call
B.Announcements
C.Agenda Modifications
II.CONSENT AGENDA
A. July 23, 2012 Minutes*
B. June 29, 2012 Minutes Special Municipal Service Meeting*
III.RESOLUTIONS
A. Resolution No. 4849* (Heineman)
A Resolution of the City Council of the City of Auburn, WA, amending standards for indigent
defense and requesting staff to develop procedures for full implementation of the standards.
IV.DISCUSSION ITEMS
A. Hwy 18 & AWS Median Improvements (Dowdy)
B. Auburn Valley Humane Society Update (Hursh)
C. Auburn Valley Humane Society - Schedule Update* (Burke)
Review the Auburn Valley Humane Society project schedule.
D. Solid Waste Extra Garbage Policy* (Coleman)
E. Auburn Municipal Airport Rules and Regulations* (Coleman)
F. Airport Grants* (Coleman)
G. Emergency Management Communications* (Miller)
H. 2012 Fireworks Update* (Pierson)
I. Matrix*
V.ADJOURNMENT
Agendas and minutes are available to the public at the City Clerk's Office, on the City website
(http://www.auburnwa.gov), and via e-mail. Complete agenda packets are available for review at the
City Clerk's Office.
*Denotes attachments included in the agenda packet.
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AGENDA BILL APPROVAL FORM
Agenda Subject:
July 23, 2012 Minutes
Date:
August 7, 2012
Department:
Police
Attachments:
July 23, 2012 Minutes
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:August 13, 2012 Item Number:CA.A
AUBURN * MORE THAN YOU IMAGINEDCA.A Page 2 of 152
Municipal Services Committee
July 23, 2012 - 3:30 PM
City Hall Conference Room 3
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 3:30 p.m. in Conference Room 3 of City
Hall, 25 W. Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Peloza, Vice Chair Osborne, Member Wales.
Staff present: Mayor Pete Lewis, Assistant Chief of Police Bill Pierson, Public
Works Director Dennis Dowdy, Parks, Arts and Recreation Director Daryl Faber,
Finance Director Shelley Coleman, Human Resources/Risk Management Director
Brenda Heineman, City Attorney Dan Heid, Human Resources/Risk Management
Assistant Director Rob Roscoe, Community Services Manager Michael Hursh,
Maintenance and Operations Manager Randy Bailey, Auburn Airport Manager
Jamelle Garcia, and Police Secretary/Scribe Terry Mendoza. Others present:
Auburn Reporter representative Robert Whale and citizen Scot Pondelick.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
A. July 9, 2012 Minutes
Vice Chair Osborne moved to accept the Minutes as presented. Member Wales
seconded the motion. Chair Peloza concurred.
MOTION PASSED: 3-0
B. June 6, 2012 Minutes Special Municipal Services Meeting
Vice Chair Osborne moved to accept the Minutes as presented. Member Wales
seconded the motion. Chair Peloza concurred.
MOTION PASSED: 3-0
III. ACTION
A. Resolution No. 4843 (Coleman)
A Resolution of the City Council of the City of Auburn, Washington, authorizing the
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Mayor and City Clerk to execute a fixed-based lease agreement between the City
of Auburn and Airtech Instrument Co., Inc. Committee discussion followed.
Vice Chair Osborne moved to forward to full Council for consideration. Member
Wales seconded the motion. Chair Peloza concurred.
MOTION PASSED: 3-0
IV. DISCUSSION ITEMS
A. Animal Control Licensing Program Update (Hursh)
Community Services Manager Michael Hursh provided an update to the
committee. Pet licensing is up approximately 400 licenses sold year to date which
is an increase over the same period last year. In May we started the license
renewal phone calls to residents. We are also identifying new residents through
the assistance of our Utilities department and including information in a "Welcome
to Auburn" packet. HOA's have been very helpful in our marketing campaign to
get the word out on pet licensing. In turn, the HOA's are receiving a two
dollar ($2.00) incentive as people sign up/license their pet. We are also
participating in local fairs and markets. It was recommended that one of the
committee members be a part of the Animal Control/Licensing Program advisory
committee/board as a representative of the Municipal Services Committee.
Member Wales volunteered.
B. Auburn Golf Course Financial Review (Coleman)
Parks, Arts and Recreation Director Daryl Faber reported that the golf course has
never been better with regards to the conditions of the course. We were ahead
approximately $50,000 through April with a couple of good weekends of warm
weather. Currently through June our Green fees have increased by 3% (or
$12,000) and rounds played increased by 3% (or 629 rounds over last year).
Marketing efforts include offering special deals to golfers during the less than
favorable weather days and this has helped to increase revenue, as well.
Finance Director Shelley Coleman reviewed the working capital statement,
balance sheet (cash position of fund), rounds played and Copper Falls information
with the committee. Good news is that revenues are up however, expenses are
up even more so. Some of it is in the inventory and salary and wages. It was also
noted that the increase in expenses is in part due to storm costs from January and
February, including professional service contracts and staff overtime during that
period. FEMA will be reimbursing a portion of these expenses. The working
capital for the third quarter of 2012 (July, August and September) will be critical
and a report will be made to the committee in October. Committee discussion
followed.
C. Report on Risk Profile (Heineman)
Director Brenda Heineman and Assistant Director Rob Roscoe presented to the
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committee. Director Heineman expressed that City staff have worked very hard to
avoid problems before they occur, limit the City's exposure, and to tap into all of
the resources and benefits of belonging to an insurance pool. One of the benefits
is the pre-defense fund that we have access to through the WCIA (Washington
Cities Insurance Authority) pool. This fund provides free legal services from
expert attorneys in specialized areas at no cost to the City and we have been able
to take care of many cases at an early stage. The pre-defense has been
extremely beneficial in decreasing exposure for the City. Committee discussion
followed.
D. Shopping Cart Update (Bailey)
Maintenance and Operations Manager Randy Bailey provided an update to the
committee. Shopping cart impound fees in May 2012 totaled three thousand six
hundred and ninety dollars ($3,690). As of July 20, 2012 payments received from
the shop cart invoices totaled four thousand three hundred dollars ($4,300) leaving
an outstanding amount for shopping cart receivables of ninety dollars ($90).
Stores receiving new carts are donating their old ones to the Auburn Food Bank.
Unfortunately, the old carts still have the stores' name on it. The stores have been
advised that they need to remove their names from the old carts prior to donating
them otherwise they will continue to be invoiced for any abandoned cart.
Committee discussion followed.
E. Redlight Photo Enforcement Update (Lee)
Finance Director Shelley Coleman provided a Redflex financial performance report
to the committee. Under the expenses section the costs for court clerk and
temporary judge will be eliminated in 2013.
Assistant Chief of Police Bill Pierson provided an updated report for the second
quarter (2nd) of 2012. The report indicates that the number of violations at photo
enforced intersections and school zones has been reduced and has resulted in
increased public safety. Committee discussion followed.
F. Matrix
The following changes were made to the matrix:
Item 10P: The next review is set for 10/22/12.
Item 26P: The next review is set for 10/22/12.
Item 29P: The next review is set for 10/22/12.
Item 3 I: The next review is set for the first meeting in January 2013.
V. ADJOURNMENT
The meeting was adjourned at 4:50 p.m. The next meeting of the Municipal Services
Committee is Monday, August 13, 2012 at 3:30 p.m. in Conference Room 3, City Hall,
25 W. Main Street, Auburn, WA.
Signed this ___________ day of August, 2012.
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____________________________ _____________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
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AGENDA BILL APPROVAL FORM
Agenda Subject:
June 29, 2012 Minutes Special Municipal Service Meeting
Date:
July 18, 2012
Department:
Police
Attachments:
June 29, 2012 Minutes Special Meeting
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Municipal Services
Councilmember:Peloza Staff:
Meeting Date:August 13, 2012 Item Number:CA.B
AUBURN * MORE THAN YOU IMAGINEDCA.B Page 7 of 152
Special Municipal Services
Committee
June 29, 2012 - 1:00 PM
Auburn City Hall - Council Chambers
MINUTES
I. CALL TO ORDER
Chair Peloza called the meeting to order at 1:01 p.m. in the Council Chambers at City
Hall, 25 W. Main Street, Auburn, WA.
A. Roll Call
Members present: Chair Peloza, Vice Chair Osborne, Member Wales.
Staff present: Mayor Pete Lewis, Deputy Mayor Nancy Backus, Councilmember
John Holman, Councilmember John Partridge, Councilmember Rich Wagner,
Chief of Police Bob Lee, Assistant Chief of Police Bill Pierson, City Attorney Dan
Heid, Finance Director Shelley Coleman, Director of Human Resources/Risk
Management Brenda Heineman, Director of Information Services Lorrie Rempher,
Judge Patrick Burns, Court Administrator Gail Cannon, Court and Probation
Services Manager Greg Bockh, Probation Assistant Jason Mercer and Police
Secretary/Scribe Terry Mendoza. Others present: King County District Court
Presiding Judge Corinna Harn, King County Executive Office Director of Regional
Initiative Diane Carlson, King County District Court Budget Manager Heather Dean
and King County District Court Director of Probation Services Judy Garcia.
B. Announcements
C. Agenda Modifications
II. CONSENT AGENDA
III. DISCUSSION ITEMS
A. Resolution No. 4829 (Heid)
A Resolution of the City Council of the City of Auburn, Washington, expressing its
support for voter approval of the Valley Regional Fire Authority proposition to
continue a voter-authorized benefit charge each year for an additional six (6)
years. Committee discussion followed.
B. Auburn Municipal Court
The committee discussed the judicial program proposals between the Auburn
Municipal Court and the King County District Court. Councilmembers participated
in discussions. The documentation reviewed provided staff comments for each
component with further inquiries during the meeting relating to cost savings, staff
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time, efficiencies, systems currently in place and/or projected to be implemented,
specialty courts, and transition items. Mayor Lewis provided the City of Auburn's
Administration and Staff position on contracting for Municipal Court Services with
King County District Court.
Additional information will be provided on Monday on transition costs and a
revised Exhibit 1 from Finance based on KCDC 2013 and AMC 2013.
IV. ADJOURNMENT
The meeting adjourned at 3:05 p.m. The next regular meeting of the Municipal
Services Committee is Monday, July 9, 2012 at 3:30 p.m. in Conference Room 3, City
Hall, 25 W. Main Street, Auburn, WA.
Signed this ___________ day of August, 2012.
_______________________ ________________________________
Bill Peloza, Chair Terry Mendoza, Police Secretary/Scribe
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AGENDA BILL APPROVAL FORM
Agenda Subject:
Resolution No. 4849
Date:
August 7, 2012
Department:
Human Resources
Attachments:
Resolution No. 4849
Washington Supreme Court Rule
WSBA Standard for Indigent Defense
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
The Washington State Supreme Court pursuant to Order No. 25700-A-1004 has adopted
a new standard for indigent defense services requiring a certificate of compliance for
defense counsel and such Supreme Court standards, with the exception of Standard 3.4,
become effective on September, 2012. The City of Auburn adopted Resolution 2014,
Standards for Public Defense on December 18, 1989. Therefore, the City of Auburn
Standards for Public Defense need to be updated.
Reviewed by Council Committees:
Municipal Services
Councilmember:Staff:Heineman
Meeting Date:August 13, 2012 Item Number:RES.B
AUBURN * MORE THAN YOU IMAGINEDRES.B Page 10 of 152
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Resolution No. 4849
August 7, 2012
Page 1 of 3
RESOLUTION NO. 4 8 4 9
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, AMENDING STANDARDS FOR
INDIGENT DEFENSE, AND REQUESTING STAFF TO
DEVELOP PROCEDURES FOR FULL IMPLEMENTATION
OF THE STANDARDS.
WHEREAS, RCW 10.101.030 requires each City to adopt standards for delivery of
public defense services, whether provided by contract, assigned counsel, or a public
defender office; and
WHEREAS, the Washington State Bar Association has adopted a standard for
indigent defense services approved by the Board of Governors on June 3, 2011; and
WHEREAS, the Washington State Supreme Court pursuant to Order No. 25700-A-
1004 has adopted a new standard for indigent defense services requiring a certificate of
compliance for defense counsel; and
WHEREAS, such Supreme Court standards, with the exception of Standard 3.4
become effective on September 1, 2012; and
WHEREAS, new Standard 3.4 relating to caseload limits and weighting
methodology shall become effective on September 1, 2013; and
WHEREAS, the City of Auburn adopted Resolution 2014, Standards for Public
Defense, on December 18, 1989.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Pursuant to the requirements of RCW 10.101.030 and the
requirements of Order No. 25700-A-1004 of the Washington State Supreme Court, the
RES.B Page 11 of 152
-----------------------------
Resolution No. 4849
August 7, 2012
Page 2 of 3
indigent defense standards set forth in the Supreme Court Order are hereby adopted and
incorporated by this reference as fully as if herein set forth. These adopted standards shall
be deemed amended, from time to time, upon amendment of the standard by the State
Supreme Court. The standards shall be effective and implemented in accordance with the
timeframes established in the Court’s order. To the extent the standards adopted in
Resolution 2014 conflict with the standards adopted by this Resolution, these standards
shall supersede those standards.
Section 2. The Standard for Indigent Defense Services adopted by the
Washington State Bar Association as approved by its Board of Governors on June 3, 2011,
shall serve as a guideline in the interpretation and application of these defense standards.
Section 3. The City hereby requires that all counsel assigned to represent
indigent defendants in cases filed in the Auburn Municipal Court comply with the Supreme
Court Rule as interpreted pursuant to the Washington State Bar Association guidelines.
Section 4. The Mayor is requested and directed to enter into negotiation with the
City’s contract Public Defender regarding contract amendments necessary to incorporate
such standards in the parties’ contract and to provide for a reporting system to confirm
implementation of these guidelines as set forth by the Washington State Supreme Court.
Such report shall include case count information relating to misdemeanor cases as well as
confirmation of compliance by defense counsel with the certification requirements of the
court rule. Such negotiation shall also address indemnity, costs and any other relevant
considerations.
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-----------------------------
Resolution No. 4849
August 7, 2012
Page 3 of 3
Section 5. This Resolution shall be effective the ______ day of
_______________, 2012.
Dated and signed this _____ day of _________________, 2012.
CITY OF AUBURN
________________________________
PETER B. LEWIS, MAYOR
ATTEST:
_________________________
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
_________________________
Daniel B. Heid, City Attorney
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Washington State Bar Association
Standards for Indigent Defense Services
[With amendments and format updates as of September 22, 2011]
RES.B Page 30 of 152
STANDARD ONE: Compensation
Standard:
Public defense attorneys and staff should be compensated at a rate c ommensurate with
their training and experience. To attract and retain qualified personnel, compensation
and benefit levels should be comparable to those of attorneys and staff in prosecutorial
offices in the area.
For assigned counsel, reasonable compensa tion should be provided. Compensation
should reflect the time and labor required to be spent by the attorney and the degree of
professional experience demanded by the case. Assigned counsel should be
compensated for out-of-pocket expenses.
Contracts should provide for extraordinary compensation over and above the normal
contract terms for cases which require an extraordinary amount of time and preparation,
including, but not limited to, death penalty cases. Services which require extraordinary
fees shall be defined in the contract.
Attorneys who have a conflict of interest shall not have to compensate the new,
substituted attorney out of their own funds.
Flat fees, caps on compensation, and lump -sum contracts for trial attorneys are
improper in death penalty cases. Private practice attorneys appointed in death penalty
cases should be fully compensated for actual time and service performed at a
reasonable hourly rate with no distinction between rates for services performed in court
and out of court. Periodic billing and payment should be available. The hourly rate
established for lead counsel in a particular case should be based on the circumstances
of the case and the attorney being appointed, including the following factors: the
anticipated time and labor required in the case, the complexity of the case, the skill and
experience required to provide adequate legal representation, the attorney's overhead
expenses, and the exclusion of other work by the attorney during the case. Under no
circumstances should the hourly rate for lead counsel, whether private or public
defender, appointed in a death penalty case be less than $125 per hour (in 2006
dollars).
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-2.4 and 5-3.1.
American Bar Association, Guidelines for the Appointment and Performance in Death Penalty Cases,
1988, Standard 10-1.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standards 13.7 and 13.11.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-4.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contracts, 1984, Standard III-10 and III-11.
RES.B Page 31 of 152
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Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline No. 6.
STANDARD TWO: Duties and Responsibilities of Counsel
Standard:
The legal representation plan shall require that defense services be pro vided to all
clients in a professional, skilled manner consistent with minimum standards set forth by
the American Bar Association, applicable state bar association standards, the Rules of
Professional Conduct, case law and applicable court rules defining the duties of counsel
and the rights of defendants in criminal cases. Counsel's primary and most fundamental
responsibility is to promote and protect the interests of the client.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-1.1, 5-5.1 and 5-1.1.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standards 13.1.
National Legal Aid and Defender Association, Standards for Defender Services, Standard II-2.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Guideline III-18.
American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death
Penalty Cases. [Link]
STANDARD THREE: Caseload Limits and Types of Cases
Standard:
1. The contract or other employment agreement or government budget shall specify
the types of cases for which representation shall be provided and t he maximum
number of cases which each attorney shall be expected to handle.
2. The caseload of public defense attorneys shall allow each lawyer to give each
client the time and effort necessary to ensure effective representation. Neither
defender organizations, county offices, contract attorneys nor assigned counsel
should accept workloads that, by reason of their excessive size, interfere with the
rendering of quality representation. As used in this Standard, "quality
representation" is intended to describe the minimum level of attention, care and
skill that Washington citizens would expect of their state's criminal justice system.
3. General Considerations: Caseload limits reflect the maximum caseloads for
fully supported full-time defense attorneys for cases of average complexity and
effort in each case type specified. Caseload limits assume a reasonably even
distribution of cases throughout the year.
The increased complexity of practice in many areas will require lower caseload
limits. The maximum caseload limit should be adjusted downward when the mix
of case assignments is weighted toward offenses or case types that demand
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more investigation, legal research and writing, use of experts, use of social
workers, or other expenditures of time and resources. Atto rney caseloads should
be assessed by the workload required, and cases and types of cases should be
weighted accordingly.
If a defender or assigned counsel is carrying a mixed caseload including cases
from more than one category of cases, these standards sh ould be applied
proportionately to determine a full caseload. In jurisdictions where assigned
counsel or contract attorneys also maintain private law practices, the caseload
should be based on the percentage of time the lawyer devotes to public defense.
The experience of a particular attorney is a factor in the composition of cases in
the attorney’s caseload.
The following types of cases fall within the intended scope of the caseload limits
for criminal and juvenile offender cases in Standard 3.4 and mus t be taken into
account when assessing an attorney’s numerical caseload: partial case
representations, sentence violations, specialty or therapeutic courts, transfers,
extraditions, representation of material witnesses, petitions for conditional
release or final discharge, and other matters that do not involve a new criminal
charge.
Definition of case: A case is defined as the filing of a document with the court
naming a person as defendant or respondent, to which an attorney is appointed
in order to provide representation. In courts of limited jurisdiction multiple
citations from the same incident can be counted as one case.
4. Caseload Limits: The caseload of a full-time public defense attorney or
assigned counsel shall not exceed the following:
150 Felonies per attorney per year; or
300 Misdemeanor cases per attorney per year or, in jurisdictions that have not
adopted a numerical case weighting system as described in this Standard, 400
cases per year; or
250 Juvenile Offender cases per attorney per year; or
80 open Juvenile Dependency cases per attorney; or
250 Civil Commitment cases per attorney per year; or
1 Active Death Penalty trial court case at a time plus a limited number of non
death penalty cases compatible with the time demand of the death penalty case
and consistent with the professional requirements of Standard 3.2 supra; or
36 Appeals to an appellate court hearing a case on the record and briefs per
attorney per year. (The 36 standard assumes experienced appellate attorneys
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handling cases with transcripts of an average length of 350 pages. If attorneys do
not have significant appellate experience and/or the average transcript length is
greater than 350 pages, the caseload should be accordingly reduced.)
Full time Rule 9 interns who have not graduated from law school may not have
caseloads that exceed twenty-five percent (25%) of the caseload limits
established for full time attorneys.
5. Case Counting: The local government entity responsible for employing,
contracting with or appointing public defense attorneys should adopt and publish
written policies and procedures to implement a numerical case -weighting system
to count cases. If such policies and procedures are not adopted and published, it
is presumed that attorneys are not engaging in case weighting. A numerical
case weighting system must:
A. recognize the greater or lesser workload required for cases compared to
an average case based on a method that adequately assesses and
documents the workload involved;
B. be consistent with these Standards, professional performance guidelines,
and the Rules of Professional Conduct;
C. not institutionalize systems or practices that fail to allow adequate attorney
time for quality representation; and
D. be periodically reviewed and updated to reflect current workloads; and
E. be filed with the State of Washington Office of Public Defense.
Cases should be assessed by the workload required. Cases and types of cases
should be weighted accordingly. Cases which are complex, serious, or contribute
more significantly to attorney workload than average cases should be weighted
upwards. In addition, a case weighting system should consider factors that might
justify a case weight of less than one case.
Notwithstanding any case weighting system, resolutions of cases by pleas of
guilty to criminal charges on a first appearance or arraignment docket are
presumed to be rare occurrences requiring careful evaluation of the evidence
and the law, as well as thorough communication with clients, and must be
counted as one case.
6. Case Weighting: The following are some examples of situations where case
weighting might result in representations being weighted as more or less than
one case. The listing of specific examples is not intended to suggest or imply
that representations in such situations should or must be weighted at more or
less than one case, only that they may be, if established by an appropriately
adopted case weighting system.
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A. Case Weighting Upwards: Serious offenses or complex cases that
demand more-than-average investigation, legal research, writing, use of
experts, use of social workers and/or expenditures of time and resources
should be weighted upwards and counted as more than one case.
B. Case Weighting Downward: Listed below are some specific examples
of situations where case weighting might justify representations being
weighted less than one case. However, care must be taken because
many such representations routinely involve significant work and effort
and should be weighted at a full case or more.
i. Cases that result in partial representations of clients, including
client failures to appear and recommencement of proceedings,
preliminary appointments in cases in which no charges are filed,
appearances of retained counsel, withdrawals or transfers for any
reason, or limited appearances for a specific purpose (not including
representations of multiple cases on routine dockets).
ii. Cases in the criminal or offender case type that do not involve filing
of new criminal charges, including sentence violations, extraditions,
representations of material witnesses, and other matters or
representations of clients that do not involve new criminal charges.
Non-complex sentence violations should be weighted as at least
1/3 of a case.
iii. Cases in specialty or therapeutic courts if the attorney is not
responsible for defending the client against the underlying charges
before or after the client’s participation in the specialty or
therapeutic court. However, case weighting must recognize that
numerous hearings and extended monitoring of client cases in such
courts significantly contribute to attorney workload and in many
instances such cases may warrant allocation of full case weight or
more.
iv. Cases on a criminal or offender first appearance or arraignment
docket where the attorney is designated, appointed or contracted to
represent groups of clients on that docket without an expectation of
further or continuing representation and which are not resolved at
that time (except by dismissal). In such circumstances,
consideration should be given to adjusting the caseload limits
appropriately, recognizing that case weighting must reflect that
attorney workload includes the time needed for appropriate client
contact and preparation as well as the appearance time spent on
such dockets.
v. Representation of a person in a court of limited jurisdiction on a
charge which, as a matter of regular practice in the court where the
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case is pending, can be and is resolved at an early stage of the
proceeding by a diversion, reduction to an infraction, stipulation on
continuance, or other alternative non-criminal disposition that does
not involve a finding of guilt. Such cases should be weighted as at
least 1/3 of a case.
Related Standards
American Bar Association, Standards for Criminal Justice, 4-1.2, 5-4.3.
American Bar Association Guidelines for the Appointment and Performance of Defense Counsel in Death
Penalty Cases. [Link]
American Bar Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants
When Excessive Caseloads Interfere With Competent and Diligent Representation, May 13, 2006, Formal
Opinion 06-441. [Link]
The American Council of Chief Defenders Statement on Caseloads and Workloads, (2007). [Link]
American Bar Association Eight Guidelines of Public Defense Related to Excessive Caseloads. [Link]
National Advisory Commission on Criminal Standards and Goals, Task Force on Courts, 1973, Standard
13.12.
American Bar Association Disciplinary Rule 6-101.
American Bar Association Ten Principles of a Public Defense Delivery System. [Link]
ABA Standards of Practice for Lawyers who Represent Children in Abuse & Neglect Cases, (1996)
American Bar Association, Chicago, IL.
The American Council of Chief Defenders Ethical Opinion 03-01 (2003).
National Legal Aid and Defender Association, Standards for Defender Services, Standards IV-I.
National Legal Aid and Defender Association, Model Contract for Public Defense Services (2002). [Link]
NACC Recommendations for Representation of Children in Abuse and Neglect Cases (2001). [Link]
City of Seattle Ordinance Number: 121501 (2004). [Link]
Seattle-King County Bar Association Indigent Defense Services Task Force, Guideline Number 1.
Washington State Office of Public Defense, Parents Representation Program Standards Of
Representation (2009). [Link]
Keeping Defender Workloads Manageable, Bureau of Justice Assistance, U.S. Department of Justice,
Indigent Defense Series #4 (Spangenberg Group, 2001). [Link]
STANDARD FOUR: Responsibility for Expert Witnesses
Standard:
Reasonable compensation for expert witnesses necessary to preparation and
presentation of the defense case shall be provided. Expert witness fees should be
maintained and allocated from funds separate from those provided for defender
services. Requests for expert witness fees should be made through an ex parte motion.
The defense should be free to retain the expert of its choosing and in no cases should
be forced to select experts from a list pre-approved by either the court or the
prosecution.
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Related Standards:
American Bar Association, Standards for Criminal Justice, 5-1.4.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV 2d, 3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1983, Standard III-8d.
National Advisory Commission, Task Force on Courts, 1973, Standard 13.14.
STANDARD FIVE: Administrative Costs
Standard:
1. Contracts for public defense services shall provide for or include administrative
costs associated with providing legal representation. These costs should include
but are not limited to travel, telephones, law library, including electronic legal
research, financial accounting, case management systems, computers and
software, office space and supplies, training, meeting the reporting requirements
imposed by these standards, and other costs necessarily incurred in the day -to-
day management of the contract.
2. Public defense attorneys shall have an office that accommodates confidential
meetings with clients and receipt of mail, and adequate telephone services to
ensure prompt response to client contact.
Related Standards:
American Bar Association, Standards for Criminal Justice, Providing Defense Services.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, (1976), Guideline 3.4.
National Legal Aid and Defender Association, Standards for Defender Services, 1976 I-3, IV 2a-e, IV 5.
STANDARD SIX: Investigators
Standard:
1. Public defense attorneys shall use investigation services as appropriate.
2. Public defender offices, assigned counsel, and private law firms holding public
defense contracts should employ investigators with invest igation training and
experience. A minimum of one investigator should be employed for every four
attorneys.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-4.1 and 5-1.14.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.14.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-3.
RES.B Page 37 of 152
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National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Standard III-9.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline Number 8.
STANDARD SEVEN: Support Services
Standard:
Public defense attorneys shall have adequate numbers of investigators, secretaries,
word processing staff, paralegals, social work staff, mental health professionals and
other support services, including computer system staff and network administrators.
These professionals are essential to ensure the effective performance of defense
counsel during trial preparation, in the preparation of dispositional plans, and at
sentencing.
1. Legal Assistants - At least one full-time legal assistant should be employed for
every four attorneys. Fewer legal assistants may be necessary, however, if the
agency or attorney has access to word processing staff, or other additional staff
performing clerical work. Defenders should have a combination of technology
and personnel that will meet their needs.
2. Social Work Staff - Social work staff should be available to assist in developing
release, treatment, and dispositional alternatives.
3. Mental Health Professionals - Each agency or attorney should have access to
mental health professionals to perform mental health evaluations.
4. Investigation staff should be available as provided in Standard Six at a ratio of
one investigator for every four attorneys.
5. Each agency or attorney providing public defense services should have access
to adequate and competent interpreters to facilitate communication with non-
English speaking and hearing-impaired clients for attorneys, investigators, social
workers, and administrative staff.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-8.1 and 5-1.4.
National Advisory Committee on Criminal Justice Standards and Goals, Task Force on Courts, Standard
13.14.
National Legal Aid and Defender Association, Standards for Defender Services, Standard IV-3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Standard III-8.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline Number 7.
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STANDARD EIGHT: Reports of Attorney Activity
Standard:
The legal representation plan shall require that the defense attorney or office maintain a
case-reporting and management information system which includes number and type of
cases, attorney hours and disposition. This information shall be provided regularly to the
Contracting Authority and shall also be made available to the Office of the Administrator
of the Courts. Any such system shall be maintained independently from client files so as
to disclose no privileged information.
A standardized voucher form shall be used by assigned counsel attorneys seeking
payment upon completion of a case. For attorneys under contract, payment should be
made monthly, or at times agreed to by the parties, without regard to the number of
cases closed in the period.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-3.3 (b) xii, The Report to the Criminal Justice
Section Council from the Criminal Justice Standards Committee, 1989.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984 Standard III-22.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, 1976, Guideline 3.4, 4.1, and 5.2.
STANDARD NINE: Training
Standard:
The legal representation plan shall require that attorneys providing public defense
services participate in regular training programs on criminal defense law, including a
minimum of seven hours of continuing legal education annua lly in areas relating to their
public defense practice.
In offices of more than seven attorneys, an orientation and training program for new
attorneys and legal interns should be held to inform them of office procedure and policy.
All attorneys should be required to attend regular in-house training programs on
developments in criminal law, criminal procedure and the forensic sciences.
Attorneys in civil commitment and dependency practices should attend training
programs in these areas. Offices should also develop manuals to inform new attorneys
of the rules and procedures of the courts within their jurisdiction.
Every attorney providing counsel to indigent accused should have the opportunity to
attend courses that foster trial advocacy skills and to revie w professional publications
and other media.
Related Standards:
American Bar Association, Standards for Criminal Justice, 5-1.4.
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National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.16.
National Legal Aid and Defender Association, Standards for Defender Services, Standard V.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contracts, 1984, Standard III-17.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline Number 3.
National Legal Aid and Defender Association, Guidelines for the Appointment and Performance of
Counsel in Death Penalty Cases, 1988, Standard 9.1.
STANDARD TEN: Supervision
Standard:
Each agency or firm providing public defense services should provide one full -time
supervisor for every ten staff lawyers or one half -time supervisor for every five lawyers.
Supervisors should be chosen from among those lawyers in the office qualified under
these guidelines to try Class A felonies. Supervisors should serve on a rotating basis,
and except when supervising fewer than ten lawyers, should not carry caseloads.
Related Standards:
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.9.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contract, 1984, Standard III-16.
Seattle-King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation
of Defender Agencies, 1982, Guideline Number 4.
STANDARD ELEVEN: Monitoring and Evaluation of Attorneys
Standard:
The legal representation plan for provision of public defense services should establish a
procedure for systematic monitoring and evaluation of attorney performance based
upon publicized criteria. Supervision and evaluation efforts should include review of time
and caseload records, review and inspection of transcripts, in-court observations, and
periodic conferences.
Performance evaluations made by a supervising attorney should be supplemented by
comments from judges, prosecutors, other defense lawyers and clients. Attorneys
should be evaluated on their skill and effectiveness as criminal lawyers or as
dependency or civil commitment advocates.
Related Standards:
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Standard III-16.
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National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, 1976, Recommendations 5.4 and 5.5.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.9.
STANDARD TWELVE: Substitution of Counsel
Standard:
The attorney engaged by local government to provide public defense services should
not sub-contract with another firm or attorney to provide representation and should
remain directly involved in the provision of representation. If the contract is with a firm or
office, the contracting authority should request the names and experience levels of
those attorneys who will actually be providing the services, to ensure they meet
minimum qualifications. The employment agreement shall address the procedures for
continuing representation of clients upon the conclusion of the agreement. Alternate or
conflict counsel should be available for substitution in conflict situations at no cost to the
counsel declaring the conflict.
Related Standards:
American Bar Association, Standards for Criminal Justice, Standard 5-5.2.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.1.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Guideline III-23.
STANDARD THIRTEEN: Limitations on Private Practice
Standard:
Private attorneys who provide public defense representation shall set limits on the
amount of privately retained work which can be accepted. These limits shall be based
on the percentage of a full-time caseload which the public defense cases represent.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-1.2(d), 5-3.2.
American Bar Association, Ethical Obligations of Lawyers Who Represent Indigent Criminal Defendants
When Excessive Caseloads Interfere With Competent and Diligent Representation, May 13, 2006, Formal
Opinion 06-441. [Link]
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.7.
National Legal Aid and Defender Association, Standards for Defender Services, Standard III-3 and IV-1.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Legal
Defense Contracts, 1984, Guideline III-6.
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STANDARD FOURTEEN: Qualifications of Attorneys
Standard:
1. In order to assure that indigent accused receive the effective assistance of
counsel to which they are constitutionally entitled, attorneys providing
defense services shall meet the following minimum professional
qualifications:
A. Satisfy the minimum requirements for practicing law in Washington as
determined by the Washington Supreme Court; and
B. Be familiar with the statutes, court rules, constitutional provisions, and
case law relevant to their practice area; and
C. Be familiar with the Washington Rules of Professional Conduct; and
D. Be familiar with the Performance Guidelines for Criminal Defense
Representation approved by the Washington State Bar Association; and
E. Be familiar with the consequences of a conviction or adjudication,
including possible immigration consequences and the possibility of civil
commitment proceedings based on a criminal conviction; and
F. Be familiar with mental health issues and be able to identify the need to
obtain expert services; and
G. Complete seven hours of continuing legal education within each calendar
year in courses relating to their public defense practice.
2. Trial attorneys' qualifications according to severity or type of case:1
Death Penalty Representation. Each attorney acting as lead counsel in a criminal
case in which the death penalty has been or may be decreed and in which the
decision to seek the death penalty has not yet been made shall meet the
following requirements:
i. The minimum requirements set forth in Section 1; and
ii. At least five years criminal trial experience; and
iii. Have prior experience as lead counsel in no fewer than nine jury
trials of serious and complex cases which were tried to completion;
and
iv. Have served as lead or co-counsel in at least one aggravated
homicide case; and
1 Attorneys working toward qualification for a particular category of cases under this standard may
associate with lead counsel who is qualified under this standard for that category of cases.
RES.B Page 42 of 152
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v. Have experience in preparation of mitigation packages in
aggravated homicide or persistent offender cases; and
vi. Have completed at least one death penalty defense seminar within
the previous two years; and
vii. Meet the requirements of SPRC 2.2
The defense team in a death penalty case should include, at a minim um, the two
attorneys appointed pursuant to SPRC 2, a mitigation specialist and an
investigator. Psychiatrists, psychologists and other experts and support
personnel should be added as needed.
A. Adult Felony Cases - Class A. Each attorney representing a defendant
accused of a Class A felony as defined in RCW 9A.20.020 shall meet the
following requirements:
i. Minimum requirements set forth in Section 1; and
ii. Either:
a. has served two years as a prosecutor; or
b. has served two years as a public defender; or two years in a
private criminal practice, and
iii. Has been trial counsel alone or with other trial counsel and handled
a significant portion of the trial in three felony cases that have been
submitted to a jury.
B. Adult Felony Cases - Class B Violent Offense. Each attorney representing
a defendant accused of a Class B violent offense as defined in RCW
9A.20.020 shall meet the following requirements:
i. The minimum requirements set forth in Section 1; and
2SPRC 2 APPOINTMENT OF COUNSEL
At least two lawyers shall be appointed for the trial and also for the direct appeal. The trial court shall retain responsibility for
appointing counsel for trial. The Supreme Court shall appoint counsel for the direct appeal. Notwithstanding RAP 15.2(f) and (h), the
Supreme Court will determine all motions to withdraw as counsel on appeal.
A list of attorneys who meet the requirements of proficiency and experience, and who have demonstrated that they are learned in the
law of capital punishment by virtue of training or experience, and thus are qualified for appointment in death penalty trials and for
appeals will be recruited and maintained by a panel created by the Supreme Court. All counsel for trial and appeal must have
demonstrated the proficiency and commitment to quality representation which is appropriate to a capital case. Both counsel at trial
must have five years’ experience in the practice of criminal law be familiar with and experienced in the utilization of expert witnesses
and evidence, and not be presently serving as appointed counsel in another active trial level death penalty case. One counsel must be,
and both may be, qualified for appointment in capital trials on the list, unless circumstances exist such that it is in the defendant’s
interest to appoint otherwise qualified counsel learned in the law of capital punishment by virtue of training or experience. The trial
court shall make findings of fact if good cause is found for not appointing list counsel.
At least one counsel on appeal must have three years’ experience in the field of criminal appellate law and be learned in the law of
capital punishment by virtue of training or experience. In appointing counsel on appeal, the Supreme Court will consider the list, but
will have the final discretion in the appointment of counsel. [Link]
RES.B Page 43 of 152
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ii. Either:
a. has served one year as prosecutor; or
b. has served one year as public defender; or one year in a
private criminal practice; and
iii. Has been trial counsel alone or with other counsel and handled a
significant portion of the trial in two Class C felony cases that have
been submitted to a jury.
C. Adult Sex Offense Cases. Each attorney representing a client in an adult
sex offense case shall meet the following requirements:
i. The minimum requirements set forth in Section 1 and Section 2(C);
and
ii. Been counsel alone of record in an adult or juvenile sex offense
case or shall be supervised by or consult with an attorney who has
experience representing juveniles or adults in sex offense cases.
D. Adult Felony Cases - All other Class B Felonies, Class C Felonies,
Probation or Parole Revocation. Each attorney representing a defendant
accused of a Class B felony not defined in Section 2(C) or (D) above or a
Class C felony, as defined in RCW 9A.20.020, or involved in a probation
or parole revocation hearing shall meet the following requirements:
i. The minimum requirements set forth in Section 1, and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a
private criminal practice; and
iii. Has been trial counsel alone or with other trial counsel and handled
a significant portion of the trial in two criminal cases that have been
submitted to a jury; and
iv. Each attorney shall be accompanied at his or her first felony trial by
a supervisor if available.
E. Persistent Offender (Life Without Possibility of Release) Representation.
Each attorney acting as lead counsel in a “two-strikes” or “three strikes”
case in which a conviction will result in a mandatory sentence of life in
prison without parole shall meet the following requirements:
RES.B Page 44 of 152
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i. The minimum requirements set forth in Section 13; and
ii. Have at least:
a. four years criminal trial experience; and
b. one year experience as a felony defense attorney; and
c. experience as lead counsel in at least one Class A felony
trial; and
d. experience as counsel in cases involving each of the
following:
(1) Mental health issues; and
(2) Sexual offenses, if the current offense or a prior
conviction that is one of the predicate cases resulting
in the possibility of life in prison without parole is a sex
offense; and
(3) Expert witnesses; and
(4) One year of appellate experience or demonstrated
legal writing ability.
F. Juvenile Cases - Class A. Each attorney representing a juvenile accused
of a Class A felony shall meet the following requirements:
i. The minimum requirements set forth in Section 1, and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; one year in a
private criminal practice; and
iii. Has been trial counsel alone of record in five Class B and C felony
trials; and
3 RCW 10.101.060 (1)(a)(iii) provides that counties receiving funding from the state Office of Public Defense under
that statute must require “attorneys who handle the most serious cases to meet specified qualifications as set forth in the
Washington state bar association endorsed standards for public defense services or participate in at least one case consultat ion
per case with office of public defense resource attorneys who are so qualified. The most serious cases include all cases of murder
in the first or second degree, persistent offender cases, and class A felonies.”
RES.B Page 45 of 152
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iv. Each attorney shall be accompanied at his or her first juvenile trial
by a supervisor, if available.
G. Juvenile Cases - Classes B and C. Each attorney representing a juvenile
accused of a Class B or C felony shall meet the following requirements:
i. Minimum requirements set forth in Section 1; and
ii. Either:
a. has served one year as a prosecutor; or
b. has served one year as a public defender; or one year in a
private criminal practice, and
iii. has been trial counsel alone in five misdemeanor cases brought to
a final resolution; and
iv. Each attorney shall be accompanied at his or her first juvenile trial
by a supervisor if available.
H. Juvenile Sex Offense cases. Each attorney representing a client in a
juvenile sex offense case shall meet the following requirements:
i. The minimum requirements set forth in Section 1 and Section 2(H);
and
ii. Been counsel alone of record in an adult or juvenile sex offense
case or shall be supervised by or consult with an attorney who has
experience representing juveniles or adults in sex offense cases.
I. Juvenile Status Offenses Cases. Each attorney representing a client in a
“Becca” matter shall meet the following requirements:
i. The minimum requirements as outlined in Section 1; and
ii. Either:
a. have represented clients in at least two similar cases under
the supervision of a more experienced attorney or completed
at least three hours of CLE training specific to “status
offense” cases; or
b. have participated in at least one consultation per case with a
more experienced attorney who is qualified under this
section.
J. Misdemeanor Cases. Each attorney representing a defendant involved in
a matter concerning a simple misdemeanor or gross misdemeanor or
RES.B Page 46 of 152
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condition of confinement, shall meet the requirements as outlined in
Section 1.
K. Dependency Cases. Each attorney representing a client in a dependency
matter shall meet the following requirements:
i. The minimum requirements as outlined in Section 1; and
ii. Attorneys handling termination hearings shall have six months
dependency experience or have significant experience in handling
complex litigation.
iii. Attorneys in dependency matters should be familiar with expert
services and treatment resources for substance abuse.
iv. Attorneys representing children in dependency matters should have
knowledge, training, experience, and ability in communicating
effectively with children, or have participated in at least one
consultation per case either with a state Office of Public Defense
resource attorney or other attorney qualified under this section.
L. Civil Commitment Cases. Each attorney representing a respondent shall
meet the following requirements:
i. Minimum requirements set forth in Section 1; and
ii. Each staff attorney shall be accompanied at his or her first 90 or
180 day commitment hearing by a supervisor; and
iii. Shall not represent a respondent in a 90 or 180 day commitment
hearing unless he or she has either:
a. served one year as a prosecutor, or
b. served one year as a public defender, or one year in a
private civil commitment practice, and
c. been trial counsel in five civil commitment initial hearings;
and
iv. Shall not represent a respondent in a jury trial unles s he or she has
conducted a felony jury trial as lead counsel; or been co -counsel
with a more experienced attorney in a 90 or 180 day commitment
hearing.
M. Sex Offender “Predator” Commitment Cases. Generally, there should be
two counsel on each sex offender commitment case. The lead counsel
shall meet the following requirements:
RES.B Page 47 of 152
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i. The minimum requirements set forth in Section 1; and
ii. Have at least:
a. Three years criminal trial experience; and
b. One year experience as a felony defense attorney or one
year experience as a criminal appeals attorney; and
c. Experience as lead counsel in at least one felony trial; and
d. Experience as counsel in cases involving each of the
following:
(1) Mental health issues; and
(2) Sexual offenses; and
(3) Expert witnesses; and
e. Familiarity with the Civil Rules; and
f. One year of appellate experience or demonstrated legal
writing ability.
Other counsel working on a sex offender commitment cases should meet
the Minimum Requirements in Section 1 and have either one year
experience as a public defender or significant experience in the
preparation of criminal cases, including legal research and writing and
training in trial advocacy.
N. Contempt of Court Cases. Each attorney representing a respondent shall
meet the following requirements:
i. Minimum requirements set forth in Section 1; and
ii. Each staff attorney shall be accompanied at his or her first three
contempt of court hearings by a supervisor or more experienced
attorney, or participate in at least one consultation per case with a
state Office of Public Defense resource attorney or other attorney
qualified in this area of practice.
O. Specialty Courts. Each attorney representing a client in a specialty court
(e.g., mental health court, drug diversion court, homelessness court) shall
meet the following requirements:
i. The minimum requirements set forth in Section 1; and
RES.B Page 48 of 152
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ii. The requirements set forth above for representation in the type of
practice involved in the specialty court (e.g., felony, misdemeanor,
juvenile); and
iii. Be familiar with mental health and substance ab use issues and
treatment alternatives.
3. Appellate Representation.
Each attorney who is counsel for a case on appeal to the Washington Supreme
Court or to the Washington Court of Appeals shall meet the following
requirements:
A. The minimum requirements as outlined in Section 1; and
B. Either:
i. has filed a brief with the Washington Supreme Court or any
Washington Court of Appeals in at least one criminal case within
the past two years; or
ii. has equivalent appellate experience, including filing appellate briefs
in other jurisdictions, at least one year as an appellate court or
federal court clerk, extensive trial level briefing or other comparable
work.
C. Attorneys with primary responsibility for handling a death penalty appeal
shall have at least five years' criminal experience, preferably including at
least one homicide trial and at least six appeals from felony convictions,
and meet the requirements of SPRC 2.
RALJ Misdemeanor Appeals to Superior Court: Each attorney who is counsel
alone for a case on appeal to the Superior Court from a Court of Limited
Jurisdiction should meet the minimum requirements as outlined in Section 1, and
have had significant training or experience in either criminal appeals, criminal
motions practice, extensive trial level briefing, clerking for an appellate judge, or
assisting a more experienced attorney in preparing and arguing an RALJ appeal.
4. Legal Interns.
A. Legal interns must meet the requirements set out in APR 9.
B. Legal interns shall receive training pursuant to APR 9 to inform them of
office procedure and policy Standard Nine, Training.
Related Standards:
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, Standard
13.15.
RES.B Page 49 of 152
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National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Public Defense
Contracts, 1984, Standard III-7.
National Legal Aid and Defender Association, Standards for the Appointment and Performance of
Counsel in Death Penalty Cases, 1987, Standard 5.1.
STANDARD FIFTEEN: Disposition of Client Complaints
Standard:
Each agency or firm or individual contract attorney providing public defense services
shall have a method to respond promptly to client complaints. Complaints should first be
directed to the attorney, firm or agency which provided represe ntation. If the client feels
that he or she has not received an adequate response, the contracting authority or
public defense administrator should designate a person or agency to evaluate the
legitimacy of complaints and to follow up meritorious ones. The complaining client
should be informed as to the disposition of his or her complaint within one week.
Related Standards:
American Bar Association, Standards for Criminal Justice, 4-5.1 and 4-5.2.
STANDARD SIXTEEN:
Cause for Termination of Defender Services and Removal of Attorney
Standard:
Contracts for indigent defense services shall include the grounds for termination of the
contract by the parties. Termination of a provider's contract should only be for good
cause. Termination for good cause shall include the failure of the attorney to render
adequate representation to clients; the willful disregard of the rights and best interests of
the client; and the willful disregard of the standards herein addressed.
Removal by the court of counsel from representation normally should not occur over the
objection of the attorney and the client.
Related Standards:
American Bar Association, Standards for Criminal Justice, Standard 5-1.3, 5-5.3.
National Legal Aid and Defender Association, Guidelines for Negotiating and Awarding Indigent Defense
Contracts, 1984, Guideline III-5.
National Study Commission on Defense Services, Guidelines for Legal Defense Systems in the United
States, 1976, Recommendations 2.12 and 2.14.
National Advisory Commission on Criminal Justice Standards and Goals, Task Force on Courts, 1973,
Standard 13.8.
RES.B Page 50 of 152
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STANDARD SEVENTEEN:
Non-Discrimination
Standard:
Neither the Contracting Authority, in its selection of an attorney, firm or agency to
provide public defense representation, nor the attorneys selected, in their hiring
practices or in their representation of clients, shall discriminate on the grounds of race,
color, religion, national origin, age, marital status, gender, sexual orientation or
disability. Both the contracting authority and the contractor shall comply with all federal,
state, and local non-discrimination requirements.
Related Standards:
American Bar Association, Standards for Criminal Justice, Providing Defense Services, Standard 5-3.1.
National Legal Aid and Defender Association, Standards for Defender Services, 1976, Standard III-8.
STANDARD EIGHTEEN:
Guidelines for Awarding Defense Contracts
Standard:
The county or city should award contracts for public defense services only after
determining that the attorney or firm chosen can meet accepted professional standards.
Under no circumstances should a contract be awarded on the basis of cost alone.
Attorneys or firms bidding for contracts must demonstrate their ability to meet these
standards.
Contracts should only be awarded to a) attorneys who have at least one year's criminal
trial experience in the jurisdiction covered by the contract (i.e., City and District Courts,
Superior Court or Juvenile Court), or b) to a firm where at least one attorney has one
year's trial experience.
City attorneys, county prosecutors, and law enforcement officers should not select the
attorneys who will provide indigent defense services.
Related Standards:
National Legal Aid and Defender Association, Guidelines for Negotiating and Awar ding Indigent Legal
Defense Contracts, 1984, Standard IV-3.
King County Bar Association Indigent Defense Services Task Force, Guidelines for Accreditation of
Defender Agencies, 1982, Statement of Purpose.
RES.B Page 51 of 152
AGENDA BILL APPROVAL FORM
Agenda Subject:
Auburn Valley Humane Society - Schedule Update
Date:
August 7, 2012
Department:
Planning and Development
Attachments:
Memorandum
AVHS Project Schedule
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
See attached memorandum.
Reviewed by Council Committees:
Other: Planning Department
Councilmember:Peloza Staff:Burke
Meeting Date:August 13, 2012 Item Number:DI.C
AUBURN * MORE THAN YOU IMAGINEDDI.C Page 52 of 152
Memorandum
To: Councilmember Bill Peloza, Chair, Planning and Municipal Services Committee
Councilmember Wayne Osborne, Vice- Chair, Municipal Services Committee
Councilmember Largo Wales, Member, Planning and Community Development
Committee
From: Steven Burke, Construction Project Mgr. / Kevin Snyder, AICP, Director of
Planning and Development
cc: Mayor Pete Lewis
Date: August 07, 2012
Re: Auburn Valley Humane Society – Schedule Update #2
________________________________________________________________________________
Schedule changes:
Task 27: New task added: Roof Replacement.
Task 35: Request by Legal to add 30 days to duration for Committee and Council
approval process.
Site Development:
The site development portion of the work has bid and the project awarded. Work is
scheduled to start on 08/06 and be complete before November 30, 2012. Tasks are
on schedule.
Tenant Improvement:
Interior construction is currently approx. 90% complete. Final completion is scheduled
for 8/13. Tasks are on schedule.
Operating Agreements:
Current work includes PetData software coordination and updating the Auburn
Animal Control Code. The next schedule milestone is completion and approval of the
PetData licensing software. Tasks are on schedule.
Animal Control Officer:
Purchase of the Animal Control Officer’s vehicle and equipment is complete. The
Animal Control Officer job description has been written and the recruitment phase has
begun. The next schedule milestone is for an accepted employment offer before
October 01, 2012. Tasks are on schedule.
Attachment: Exhibit A: AVHS Project Schedule (Rev. 7)
DI.C Page 53 of 152
DI.C Page 54 of 152
AGENDA BILL APPROVAL FORM
Agenda Subject:
Solid Waste Extra Garbage Policy
Date:
August 6, 2012
Department:
Finance
Attachments:
Memo
Garbage Container Pictures
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Information only.
Reviewed by Council Committees:
Municipal Services
Councilmember:Staff:Coleman
Meeting Date:August 13, 2012 Item Number:DI.D
AUBURN * MORE THAN YOU IMAGINEDDI.D Page 55 of 152
Finance Department
Interoffice Memorandum
To: Municipal Services Committee
From: Shelley Coleman, Finance Director
CC: Pete Lewis, Mayor
Date: July 31, 2012
Re: Solid Waste Extra Garbage Policy
The City of Auburn encourages solid waste customers to select the correct service level that meets
their needs. Should customers put out extra garbage they are charged the following fees:
• Residential or Commercial Cart Service: $10.83 for each extra can/bag/box (up to 32 gallons)
• Commercial Front-Load Dumpster Service: $29.59 for each extra yard
Waste Management drivers take pictures of extra garbage so that fees are accurately charged. The
City of Auburn Solid Waste Division receives the pictures on a weekly basis and they are kept on file.
The Solid Waste Division sends customers the pictures of their extra garbage when charges are
disputed.
Page 1 of 1
DI.D Page 56 of 152
For more information, visit www.auburnwa.gov/solidwaste
News for City of Auburn Waste Management Customers
RESIDENTIAL NEWSLETTER
Updated 10-1-11
Good Container Lid closed. Right size.
Extra Lid open. Bags overflowing.
Customer
pays monthly
fee only.
Customer pays
montly fee plus
fee for each
extra item.
Setting out extra?
Watch your garbage container and lid
DI.D Page 57 of 152
City of Auburn
Solid Waste & Recycling Division
25 W Main Street
Auburn WA 98001
PRSRT STD
U.S. POSTAGE
PAID
AUBURN, WA
PERMIT NO 193
CAN
10 gallon•
CART
20 gallon•
35 gallon•
64 gallon•
96 gallon•
For More
inForMation
City of auburn utilities
Customer Service
- Billing Questions
- New Accounts
- Close Accounts
253-931-3038 option #1
City of auburn Solid Waste
Customer Service
- Service Changes
- Service Questions & Issues
253-931-3038 option #2
Waste Management
Missed Collection
800-592-9995
(Call within 24 hours
of service day)
News for City of Auburn Waste Management Customers
WASTE WATCH | RESIDENTIAL NEWSLETTER
Right Size Your Can
Select the right size garbage can or cart
DI.D Page 58 of 152
AGENDA BILL APPROVAL FORM
Agenda Subject:
Auburn Municipal Airport Rules and Regulations
Date:
August 6, 2012
Department:
Finance
Attachments:
Policy 100-80
Policy 100-81
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
For discussion only of rules and regulations adopted pursuant to the Auburn City Code
intended to provide for the safe, orderly, and efficient operation of the airport in
accordance with federal, state, and city laws and regulations.
Reviewed by Council Committees:
Municipal Services
Councilmember:Staff:Coleman
Meeting Date:August 13, 2012 Item Number:DI.E
AUBURN * MORE THAN YOU IMAGINEDDI.E Page 59 of 152
TITLE:
AUBURN MUNICIPAL AIRPORT
RULES AND REGULATIONS
SUBJECT: FINANCE
INDEX NUMBER: 100-80
EFFECTIVE DATE
10/02/10
SUPERSEDES
11/26/07
PAGE
1 OF 28
PREPARED BY:
SHELLEY
COLEMAN
MAYOR’S APPROVAL
ADMINISTRATIVE
POLICY AND PROCEDURE
1.0 PURPOSE
Rules and regulations provided in this document and any amendments thereto
(hereinafter referred to as “regulations”), adopted pursuant to the Auburn City Code, are
intended for the safe, orderly and efficient operation of the airport, and apply to all
persons using the airport for any reason.
2.0 ORGANIZATIONS AFFECTED
All departments/divisions
3.0 REFERENCES
Ordinance No. 6118; Chapter 2.18 ACC; Chapter 12.56 ACC
4.0 POLICY
It is the policy of the City of Auburn to provide for the safe, orderly and efficie nt
operation of the airport in accordance with federal, state, and city laws and regulations.
DI.E Page 60 of 152
ADMINISTRATIVE
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TITLE:
Auburn Municipal Airport
Rules and Regulations
INDEX NO:
100-80
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TABLE OF CONTENTS
ARTICLE 1 DEFINITIONS ...................................................................................... 4
ARTICLE 2 GENERAL USE OF AIRPORT ........................................................... 8
Section 2-1. Purpose of rules and regulations ........................................................................... 8
Section 2-2. Conflicting laws, ordinances, regulations and contracts ........................................ 8
Section 2-3. Responsible party ................................................................................................. 8
Section 2-4. Minimum operating standards ............................................................................... 8
Section 2-5. Closing of airport ................................................................................................... 9
Section 2-6. Aircraft parking ...................................................................................................... 9
Section 2-7. Aircraft hangars ..................................................................................................... 9
Section 2-8. Aircraft tie downs ................................................................................................ 10
Section 2-9. Reserved ............................................................................................................ 11
Section 2-10. Unattended aircraft – Securing required ............................................................ 11
Section 2-11. Aircraft washing ................................................................................................ 11
Section 2-12. Aircraft Parking/Storage Registration ................................................................ 11
Section 2-13. Airport perimeter road ....................................................................................... 11
Section 2-14. Smoking areas .................................................................................................. 12
Section 2-15. Restricted Areas ............................................................................................... 12
Section 2-16. Access codes/devices ....................................................................................... 12
Section 2-17. Self-services ..................................................................................................... 12
Section 2-18. Aircraft maintenance ......................................................................................... 13
Section 2-19. Maintenance of premises .................................................................................. 13
Section 2-20. Floor and apron care ......................................................................................... 13
Section 2-21. Waste containers and disposal ......................................................................... 13
Section 2-22. Storage ............................................................................................................. 14
Section 2-23. Storage, transfer and cleanup charges ............................................................. 14
Section 2-24. Model aircraft, kites, fireworks, etc .................................................................... 14
Section 2-25. Commercial photography .................................................................................. 14
Section 2-26. Advertisements ................................................................................................. 14
Section 2-27. Animals ............................................................................................................. 14
Section 2-28. Firearms, explosives, etc .................................................................................. 15
Section 2-29. Disorderly conduct, alcoholic beverages, illicit drugs ........................................ 15
Section 2-30. Property damage, injurious or detrimental activities .......................................... 15
Section 2-31. Alteration of airport property .............................................................................. 16
Section 2-32. Lost articles ....................................................................................................... 16
Section 2-33. Abandoned property.......................................................................................... 16
Section 2-34. Flying Clubs, Aircraft Rental Clubs .................................................................... 16
ARTICLE 3 AIRCRAFT RULES ........................................................................... 17
Section 3-1. Landing and takeoff of Aircraft ............................................................................ 17
Section 3-2. Aircraft wingspan restrictions .............................................................................. 17
Section 3-3. Traffic patterns and noise abatement procedures ............................................... 18
Section 3-4. Traffic pattern altitudes ........................................................................................ 18
Section 3-5. Qualifications to operate aircraft .......................................................................... 18
Section 3-6. Disabled aircraft .................................................................................................. 18
Section 3-7. Reserved ............................................................................................................ 18
Section 3-8. Starting an Engine by Turning the Propeller by Hand (Hand Propping) ............... 18
Section 3-9. Motorless aircraft ................................................................................................ 19
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Rules and Regulations
INDEX NO:
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Section 3-10. Running of aircraft engines ............................................................................... 19
Section 3-11. Aircraft engine run-ups ...................................................................................... 19
Section 3-12. Exhaust and Propeller/Rotor Blast .................................................................... 19
Section 3-13. Taxiing of aircraft .............................................................................................. 19
Section 3-14. Common air traffic advisory frequency .............................................................. 20
Section 3-15. Aircraft accident reports .................................................................................... 20
Section 3-16. Reserved .......................................................................................................... 20
Section 3-17. Interfering or tampering with aircraft .................................................................. 20
ARTICLE 4 VEHICLES, PEDESTRIANS, ETC. .................................................. 20
Section 4-1. General requirements ......................................................................................... 20
Section 4-2. Licensing, registration and insurance .................................................................. 21
Section 4-3. Control of vehicles .............................................................................................. 21
Section 4-4. Speed limits ........................................................................................................ 22
Section 4-5. Vehicles operating on runway and taxiways ........................................................ 22
Section 4-6. Authority to remove vehicles ............................................................................... 23
Section 4-7. Bicycles............................................................................................................... 23
Section 4-8. Scooters and miscellaneous vehicles .................................................................. 23
Section 4-9. Motor homes, boats and recreational vehicles .................................................... 23
Section 4-10. Vehicle accidents .............................................................................................. 23
Section 4-11. Careless operation, driving while intoxicated, etc .............................................. 23
Section 4-12. Loading or unloading passengers ..................................................................... 24
Section 4-13. Parking restrictions............................................................................................ 24
Section 4-14. Volunteer Assistance ........................................................................................ 24
Section 4-15. Pedestrians in the airside area .......................................................................... 24
Section 4-16. Pedestrians soliciting rides ................................................................................ 24
Section 4-17. Vehicle repair .................................................................................................... 25
Section 4-18. Airport Security ................................................................................................. 25
ARTICLE 5 FUELING, FLAMMABLE FLUIDS AND SAFETY ........................... 25
Section 5-1. Fuel safety .......................................................................................................... 25
Section 5-2. Unauthorized fuel possession and storage.......................................................... 25
Section 5-3. Storage of aircraft fuel trucks, trailers and other aircraft refueling devices ........... 25
Section 5-4. Aircraft fueling locations ...................................................................................... 25
Section 5-5. Maintenance of fuel servicing vehicles ................................................................ 26
Section 5-6. Aircraft storage hangars – Spraying flammable liquids prohibited ....................... 26
Section 5-7. Open flame ......................................................................................................... 26
Section 5-8. Environmental spills and removal ........................................................................ 26
Section 5-9. Lubricating oils .................................................................................................... 26
Section 5-10. Fire extinguishers .............................................................................................. 26
Section 5-11. Underground and Aboveground tanks ............................................................... 27
Section 5-12. Moveable fuel storage tanks ............................................................................. 27
Section 5-13. Self-fueling Operations (mogas, avgas, auto) ................................................... 27
Section 5-14. Vehicle fuel ....................................................................................................... 27
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Rules and Regulations
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ARTICLE 1 DEFINITIONS
The following words and phrases, whenever used in these rules and regulations, shall be
construed as defined in this article unless from the context a different meaning is intended, or
unless a different meaning is specifically defined and more particularly ascribed to the use of
such words or phrases. All definitions contained in 49 U.S.C. § 40101 et seq. (previously
known as the Federal Aviation Act of 1958, hereinafter cited as “FAA Act”) and all
amendments thereto shall be considered as included herein; and all definitions shall be
interpreted on the basis and intention of the FAA Act and amendments thereto unless from the
context a different meaning is intended, or unless a different meaning is specifically defined
and more particularly ascribed to the use of such words or phrases.
Abandon as applied to property left at the airport, means that it has been left on City property
or the property of another without consent of the City for forty -eight (48) hours without the
owner moving or claiming it. Such property shall be impounded by the City police department.
Accident means a collision or other contact between any part of an aircraft or a vehicle,
person, stationary object or other thing which results in property damage, personal injury, or
death; or an entry into or emerging 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.
Aeronautical activity means any activity or service which involves, makes possible, or is
required for the operation of aircraft, or contributes to, or is required for, the safety of such
operations. “Aeronautical activities” include, but are not limited to, charter operations (under
either Federal Aviation Regulation (FAR) Part 121 or 135), charter brokerage, aircraft hangar
leasing, pilot training, aircraft rental and sight-seeing, aerial photography, crop dusting, fire
suppression, aerial advertising and surveying, aircraft sales, leasing and servicing, aircraft
management, and sale of aviation petroleum products, whether or not conducted in
conjunction with other included activities which have a direct relationship to the operation of
aircraft, repair and maintenance of aircraft, sale of general aviation aircraft part s, and any other
activities which because of their relationship to the operation of aircraft can appropriately be
regarded as an “aeronautical activity.”
Aeronautical business permit means administrative approval issued by the Airport Supervisor
to a business or person to conduct commercial aeronautical activity and provide such services
to based and transient aircraft on the airport only in facilities on the airport at which such
services are authorized.
Air traffic means aircraft in operation anywhere in the airspace and on that area of the airport
normally used for the movement of aircraft.
Aircraft means any device intended to be used, or designed, to navigate, or fly in the air.
Aircraft fuel means all flammable liquids composed of a mixture of sele cted hydrocarbons
expressly manufactured and blended for the purpose of effectively and efficiently operating:
(a) an internal combustion engine; or (b) a jet or turbine engine.
Aircraft operation means an aircraft arrival at, or departure fro m, the airport.
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Airport Operations Area Means the “AOA” includes all property within the fenced perimeter of
the Airport including pavement, dirt and grass. Unauthorized access is a violation of the
Airports operating certificate. Individuals not having authorized access must be escorted by a
leaseholder of the Airport. Unescorted access onto the AOA can only be granted by Airport
Management who will provide a pre-dated visitors pass.
The “AOA” is additionally separated into two separate parts called the movement and non-
movement areas. Common points of entry onto the AOA are through buildings and both
vehicle and pedestrian security gates. Once in the AOA you are in a NON -MOVEMENT area
normally made up of pavement, grass or dirt. The paved areas are commo nly referred as
Ramp or Apron. Moving east to west the ramp and apron areas quickly transitions into the
“Movement area.” This movement area includes the taxiways, run-up area and runway.
Airport markings defining the “movement” and “non-movement areas” are distinguished by a
solid and a dashed yellow line running parallel to each other. Absolutely no pedestrian access
or vehicles driving on the movement areas are allowed without specific written authorization
from Airport Management. Those with authorization shall abide by Airport policy and
equipment standards.
Aircraft parking and storage areas means those hangar and apron locations of the airport
designated by the Airport Manager for the parking and storage of aircraft, and such areas of
the airport designated for aircraft maintenance, engine run-up, and self-fueling.
Airport means all of the City-owned or leased real or personal property comprising Auburn
Municipal Airport as now exists or as may hereafter be expanded and developed. “Airport”
includes all of its facilities as shown on the most current airport layout plan.
Airport Advisory Board means the duly appointed five (5) member airport advisory commission
of the City.
Airport Supervisor means the Supervisor of the municipal airport, or his or her authorized
representative.
Airport Manager means any person designated by the Airport Supervisor or in the event that
the City contracts for airport management services, then the person designated by the airport
management entity, to manage operation of the Auburn Airport.
Airport Traffic Control Tower means the control tower located at the airport (if any).
Airside means the area of the airport that is either contained within the airport perimeter fence,
or which requires access through a buildi ng located on or adjacent to airport property, or which
requires access through a controlled airport access point.
Based aircraft means an aircraft: (1) which the owner physically locates at the airport with no
present intention of definite and early removal and with the purpose to remain for an
undetermined period; (2) which, whenever absent from the airport, its owner intends to return
to the airport for permanent storage or parking; and (3) whose presence on the airport is
something other than merely transitory in nature.
Based location means the location on the airport which is listed as an aircraft’s hangar, shade
or tie down location as registered with the airport.
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Commercial activity means the conduct of any aspect of a business, concession or service in
order to provide goods or services to any person for compensation. An activity is considered
commercial activity regardless of whether the business is nonprofit, charitable, o r tax-exempt.
Fuel handling means the transportation, delivery, fueling, and draining of fuel or fuel waste
products, and the fueling of aircraft.
Fuel storage area means any portion of the airport designated temporarily or permanently by
the City as an area in which gasoline or any other type of fuel may be stored or loaded.
General aviation means all phases of aviation other than aircraft manufacturing, military
aviation, and scheduled or non-scheduled commercial operations.
Hazardous material means any hazardous or toxic substance, waste or material:
(a) the presence of which requires investigation, removal and/or
remediation under any federal, state or local statute, regulation,
ordinance, order, action, policy or common law;
(b) which is or becomes subject to regulation under any federal, state or
local statute, regulation, rule or ordinance or amendments thereto
including, without limitation, the State of Washington Hazardous Waste
Management Act, A.R.S. § 49-901, et seq., the Resource Conservation
and Recovery Act, 42 U.S.C. § 6901, et seq., the Toxic Substances
Control Act, 15 U.S.C. § 2601, et seq., and the Comprehensive
Environmental Response, Compensation and Liability Act, 42 U.S.C. §
9601 et seq.);
(c) which is toxic, explosive, corrosive, flammable, infectious,
radioactive, carcinogenic, mutagenic, teratogenic, 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 Washington or any political subdivision
thereof; or
(d) which, without limitation, contains trichloroethene (“TCE”), 1,1,1 -
trichloroethane (“TCA”), 1,1 - dichloroethene (“DCE”), tetrachloroethene
(“PCE”), 1,2-dichloroethene, chloroform, gasoline, diesel fuel, propane or
other petroleum hydrocarbons, polychlorinated biphenyls ("PCBs"),
asbestos, urea formaldehyde foam insulation or radon gas.
Landside means the general public common use areas of the airport such as public roadways,
parking lots and buildings, which are not contained in the airside area.
Local aircraft operations means aircraft operating in the local air traffic pattern; aircraft that are
known to be departing for, or arriving from flight in local practice areas located within a twenty -
five (25) mile radius; or aircraft making simulated instrument approaches or low passes at the
airport.
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Major aircraft alterations and repair means major alterations and/or repairs of the parts or of
the types listed in FAR Part 43.
Movement area means the runway, taxiways and other areas of the airport where aircraft can
be moved under their own power or by towing.
Owner of an aircraft means a person who holds legal title to an aircraft, or any person having
exclusive possession of an aircraft pursuant to a written lease for a minimum term of twelve
(12) months.
Park or parking means the standing of an aircraft or vehicle, whether occupied or not.
Pedestrian means any person traveling on foot.
Permission or permit means permission granted by the Airport Supervisor.
Person means the state, county, a political subdivision of the state, other governmental entity,
a corporation, firm, partnership, association, organization, and any other group acting as a unit,
as well an individual. Person includes a trustee, receiver, assignee or similar representative.
Preventive aircraft maintenance means maintenance that is not considered a major aircraft
alteration or repair and does not involve complex assembly operations as listed in FAR Part
43.
Public area means those areas normally used by the general public, including structures and
devices such as roadways, sidewalks and terminal facilities that are maintained and kept at the
airport for use by the general public.
Roadway means any street or road whether improved or unimproved, within the boundaries of
the airport and set aside or designated for use by vehicles, whether dedicated or not.
Smoking means burning or carrying any lighted cigarette, tobacco or any other weed or plant,
or placing any burning tobacco, weed or plant in an ashtray or other receptacle and allowing
smoke to diffuse into the air.
Taxi lane means the portion of the airport apron area, or any other area, used for access
between taxiways and aircraft parking and storage areas.
Taxiway means a defined path established for the taxiing of aircraft from one part of the airport
to another.
Traffic pattern means the traffic flow that is prescribed for aircraft landing at, taxiing on, or
taking off from the airport.
Vehicle means a device, except aircraft, in, upon, or by which any person or property is or may
be propelled or moved, except a device moved by human power.
Vehicle parking area means any portion of the airport designated and made available
temporarily or permanently by the City for the parking of vehicles.
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ARTICLE 2 GENERAL USE OF AIRPORT
Section 2-1. Purpose of rules and regulations
(a) Rules and regulations provided in this document and any amendments thereto (hereinafter
referred to as “regulations”), adopted pursuant to the Auburn City Code, are intended for the
safe, orderly and efficient operation of the airport, and apply to all persons using the airport for
any reason.
(b) In addition to any other stated penalties, anyone who violates or fails to comply with any
provisions of these rules and regulations shall upon conviction be punished as provided in
ACC 1.25.050. A violation of any of the rules or regulations set forth in this chapter shall be
deemed sufficient cause for the Airport Manager to deny or prohibit acces s to or use of the
airport by the responsible person or firm in accordance with Chapter 12.56 ACC.
Section 2-2. Conflicting laws, ordinances, regulations and contracts
(a) In any case where a provision of these regulations is found to be in conflict with any other
provision of these regulations adopted hereunder or in conflict with a provision of any zoning,
building, fire, safety, health or other ordinance, code, rule, or regulation of the City, the
provision which establishes the higher standard for the promotion and protection of the health
and safety of the people shall prevail.
(b) In cases where two (2) or more provisions of these regulations are in conflict, the most
stringent or restrictive shall prevail.
(c) These regulations are not intended to repeal, abrogate, annul, or in any way impair or
interfere with existing provisions of other laws, ordinances, codes, rules or regulations except
those specifically repealed by these regulations, or to excuse any person from performing
obligations to the City under any lease or other contract.
(d) No existing or future City contract, lease agreement or other contractual arrangement, nor
any payment or performance there under, shall excuse full and complete compliance with
these regulations. Compliance with these regulations shall not excuse full and complete
compliance with any obligations to the City under any existing or future City contract, lease,
agreement or other contractual arrangement.
(e) Compliance with these regulations does not excuse failure to comply with any other law.
Section 2-3. Responsible party
Any person accessing the airport shall be responsible for their actions and all actions of any
person to whom they provide access, whether directly or indirectly.
Section 2-4. Minimum operating standards
(a) Prior to commencing any aeronautical or commercial activities at the airport, all persons
shall comply with all applicable requirements concerning such activities as are set forth in the
Auburn Municipal Airport Minimum Operating Standards.
(b) 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 i n aviation in any of its branches,
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aircraft maintenance or repair, for the sale of aircraft , 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. Provided, that an individual aircraft owner may, if he or she is
leasing accommodations at the airport, sell his or her own aircraft, with such sales being
limited to the sale of one aircraft per calendar year.
Section 2-5. Closing of airport
In the event the Airport Manager believes the conditions of the airport are unsafe for landing or
takeoffs, it shall be within the Airport Manager’s authority to close the entire airport or any part
thereof. Provided, that in the case of such an airport closure, the Airpor t Supervisor shall be
notified of such as soon as possible.
Section 2-6. Aircraft parking
(a) No person shall park, leave parked, or allow to remain stationary any aircraft at the airport
except within an aircraft parking and storage area.
(b) No person shall park an aircraft in a based aircraft parking and storage area without
applying for and obtaining an approved aircraft storage permit/agreement; and
(c) Any person who parks an aircraft in an aircraft parking and storage area shall remit to the
City all applicable transient parking fees until such time as the person applies for and obtains
an approved aircraft storage permit/agreement.
(d) If any aircraft is parked in violation of this section or, in the determination of the Airport
Manager, presents an operational or safety concern in any area of the airport, the Airport
Manager may cause the aircraft, at the owner’s/operator’s expense, to be moved. The City
shall not be liable for any damages, which may result from the relocation of the aircraft.
(e) The Airport Manager may immobilize an aircraft by installing on the aircraft a propeller lock
or by such other suitable means under any of the following circumstances:
1. Failure to apply for and obtain an approved aircraft storage
permit/agreement.
2. Upon revocation of an aircraft storage permit/agreement pursuant to
Auburn Code, and until such time as the aircraft owner/operator remits
all fees and charges due the City.
3. If, in the determination of the Airport Manager, the aircraft presents an
operational safety concern in any area of the airport, or otherwise
constitutes a danger to the health, safety, or welfare of any individual or
the public in general, and until such time as the aircraft no longer
presents such health, safety or welfare concerns.
Section 2-7. Aircraft hangars
(a) Aircraft storage hangars shall only be used for the following purposes:
1. Aircraft parked in hangars shall be parked in a manner so as to be
completely contained in the aircraft parking space and not obstruct
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adjacent aircraft parking and storage areas or taxi lanes, except for
purposes of immediate and temporary staging and fueling of such
aircraft.
2. Parking of vehicles in accordance with section 4-3.
(b) Use of aircraft storage hangars shall be subject to th e following restrictions:
1. Major aircraft alterations and repairs may be performed in hangars on
based aircraft with prior written approval of the Airport Manager and the
Valley Regional Fire Authority or Fire Marshall, unless otherwise
approved by a lease with the City.
2. Where no personnel exit is provided, the hangar doors shall remain
open thirty-six (36) inches while the hangar is occupied by any person.
3. Oily rags, oil wastes, rags and other rubbish and trash may only be
stored in containers with secondary containment and self-closing, tight-
fitting lids.
4. Oxygen or any combustible compressed gas in a cylinder or portable
tank must be secured to a fixed location or secured to a portable cart
designed for the cylinder(s) or tank(s). Compressed gas cylinders or
tanks must have pressure relief devices installed and maintained.
Cylinders or tanks not in use shall have a transportation safety cap
installed.
5. 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.
(c) Aircraft hangars shall be subject to annual and periodic inspections by the Airport Manager
and Valley Regional Fire Authority or Fire Marshall to ensure compliance with all laws,
ordinances and these regulations.
(d) Electrical outlet use restrictions. Lessees of aircraft hangars or storage units shall not
leave unattended electrical cords plugged into convenience outlets. High amperage
equipment, including but not limited to refrigerators, electric heaters, and compressors are not
allowed.
Section 2-8. Aircraft tie downs
(a) Aircraft tie downs shall only be used for the following purposes:
1. Storage and parking of the based aircraft listed on the aircraft storage
permit for that tie down and parked in a manner so as to be completely
contained within the aircraft parking space and not obstruct adjacent
aircraft parking and storage areas or taxi lanes, except for purposes of
immediate and temporary staging and fueling of such aircraft.
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2. Conducting preventive aircraft maintenance on the based aircraft at
the based location is in accordance with applicable regulations.
3. Parking of vehicles in accordance with section 4-3.
4. Aircraft equipment and supplies contained in a storage device with
prior written approval from the Airport Manager.
(b) Use of aircraft tie downs shall be subject to the following restrictions:
1. Tie downs painted YELLOW are reserved tie downs and shall not be
used without the user first receiving an approved aircraft storage permit.
2. Tie downs painted WHITE are transient tie downs for the purposes of
short-term or overnight parking. Transient aircraft may park in yellow
tenant tie downs at the discretion of the Airport Manager.
3. 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.
Section 2-9. Reserved
Section 2-10. Unattended aircraft – Securing required
No aircraft shall be left unattended unless properly secured including cabin access locked and
flight controls/wheels secured. The Airport Manager may secure the aircraft at the owner’s
expense and without liability for damage that may occur from such securing.
Section 2-11. Aircraft washing
(a) All aircraft washing shall be conducted in accordance with posted rules, with biodegradable
soap, and without the use of solvents or degreasers, only:
1. At approved wash racks/pads.
(b) Airport designated wash racks/pads shall only be used for the purposes of aircraft washing.
Section 2-12. Aircraft Parking/Storage Registration
Any person electing to base his or her aircraft on the airport shall register the aircraft with the
Airport Manager or with whomever in the employment of the City that the Airport Manager
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.
Section 2-13. Airport perimeter road
The airport perimeter road shall only be used by authorized vehicles with appropriate signage
as determined by the Airport Manager, which include all airport administration vehicles, fixe d
base operator fuel trucks, governmental vehicles, and other vehicles with prior approval from
the Airport Manager.
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Section 2-14. Smoking areas
No smoking shall be permitted:
(a) Within fifty (50) feet of an aircraft, fuel truck and/or fuel storage are a;
(b) Where specifically prohibited by City, County, State or Federal Laws.
(c) Within 25 feet of any business entry door located on airport property.
Waste from smoking shall be disposed of properly.
Section 2-15. Restricted Areas
(a) No person shall enter the airside area, except as necessary for the lawful use of an aircraft
thereon, or to conduct a permitted business activity and with the consent of the Airport
Manager.
(b) No person shall enter any area posted as being closed to the public, except with the
consent of the Airport Manager.
(c) No person shall enter into, remain in or place in, or remove any object from, any hangar, T -
hangar or other building at the airport without prior consent of the Airport Manager or the
person with the legal right of possession of such building.
Section 2-16. Access codes/devices
(a) One automatic gate electronic card will be issued to each airport tenant free of charge. Any
additional electronic cards requested by a tenant are subject to a fee or refundable de posit
charge as established in the City of Auburn fee schedule. A replacement fee as established in
the City of Auburn fee schedule will be assessed against the tenant for all lost or damaged
electronic cards. All electronic cards must be returned to the a irport at the time of lease
expiration.
(b) Persons who have been provided either a code or device for the purpose of obtaining
access to the airport shall only use airport-issued codes/devices and shall not divulge,
duplicate, or otherwise distribute the same to any other person, unless otherwise approved in
writing by the Airport Manager. Violation of this section may result in the loss of airport driving
privileges.
Section 2-17. Self-services
(a) Persons are permitted to fuel, wash, repair, or otherwise service their own based aircraft
provided that they comply with these regulations and all applicable laws. No person shall
provide such services for others.
(b) An aircraft owner may hire an individual to provide, under the direction and supervision of
the aircraft owner, services only on the owner’s based aircraft. Such services may only be
provided by a direct provider hired by the aircraft owner.
(c) Aircraft owners shall notify the Airport Manager in advance of performing major
maintenance services on any aircraft.
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Section 2-18. Aircraft maintenance
Major aircraft alterations and repairs are prohibited on the airport except in hangars, where it
can be demonstrated that the area of alterations and repairs is equipped with oil/water
interceptors into the sanitary sewer system and will not enter storm water drains, or other
preventative measures are taken as approved by the Airport Manager, and are conducted:
(a) By a person holding a valid aeronautical business permit for such activity; or
(b) By the owner of the aircraft with an approved aircraft maintenance permit under the
provisions provided in these regulations.
(c) Maintenance requiring the handling of any hazardous liquid material must have a
Hazardous Material Spill Kit readily available. T his kit must have a demonstrated absorption
rate of eight (8) gallons.
Section 2-19. Maintenance of premises
All persons using the airport shall maintain their premises in a condition of repair, cleanliness
and general maintenance equal to that maintained by the City in comparable areas. All
persons having possession, control or use of any portions of the airport shall at all times
maintain such premises in clean, serviceable, safe and operable condition and repair.
Section 2-20. Floor and apron care
All tenants on the airport shall keep the floors of hangars and tie -downs leased by them, or
used in their operations, clean and clear of fuel, oil, grease and other similar materials.
Section 2-21. Waste containers and disposal
All airport tenants, users, or visitors shall dispose of all waste in the appropriate waste
containers. Types of waste containers and the location of waste accumulation areas shall be
designated by the Airport Manager and no other containers or areas shall be used. Containers
for recyclable materials shall be used in strict accordance with the rules posted for such use.
No petroleum products, industrial waste matter, batteries, or other hazardous materials shall
be dumped or otherwise disposed of except in accordance with local, county, state and federal
law. Any hazardous waste or construction material shall be the responsibility of the originator
under all applicable law and removed from Airport property.
(a) Waste water shall not be disposed of in storm wate r drainage or dirt/grass areas under
any circumstances. Waste water may be disposed of in sanitary sewer or sink drains,
unless the waste water contains petroleum or hazardous materials or hazardous waste.
(b) The waste and recycle containers provided by the Airport shall not be used to dump any
construction material and debris. Airport users and tenants shall not bring onto Airport
property off airport waste with the intention of using Airport containers.
(c) Privately held hangar owners and their subtenants are prohibited from using any on
airport waste or recycle containers. Condo Associations are to arrange through the City
for their own waste and recycle containers, which shall be contained within their
assigned property.
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Section 2-22. Storage
No person shall store or stock materials or equipment in an unkempt manner or in a manner
that constitutes a hazard to life or property, as determined by the Airport Manager.
Section 2-23. Storage, transfer and cleanup charges
The City may remove and impose storage, removal and transfer charges upon any property
unlawfully located at the airport. The City may clean up any material unlawfully spilled, placed
or otherwise deposited at the airport and may charge the resp onsible person(s) for the cost of
the cleanup, any required environmental remediation, and any expenses incurred by, or fines
or damages imposed on, the City as a result thereof.
Section 2-24. Model aircraft, kites, fireworks, etc
No person shall fly or release a model aircraft, rocket, kite, fireworks, balloon, parachute, etc.,
within one (1) mile of the airport if such activity would create a hazard to aircraft operations, or
as otherwise determined by the Airport Manager.
Section 2-25. Commercial photography
No person shall take still, motion or sound pictures of, or at, the airport for commercial
purposes without first receiving written approval from the Airport Manager, paying any
appropriate fee(s) to the City of Auburn.
Section 2-26. Advertisements
No person shall post, distribute or display signs, advertisements, circulars, printed or written
matter at the airport without written permission from the Airport Manager.
(a) All Airport Businesses that wish to post advertising signs will need to submit an
application packet to the Airport Manager. At the discretion of the Airport Manager or if
required by City code advertising signs may need the approval of the Airport Advisory
Board and the City of Auburn. The minimum requirement will include detailed drawings
and/or plans, a letter of explanation and location needs. A copy of Applicable City
Business License and Insurance will also need to accompany the packet.
Section 2-27. Animals
No person shall enter the airport with a dog or other anima l unless the animal is restrained by
a leash (maximum length of 15 feet) or is properly confined. No person in charge of a dog or
other animal shall permit the animal to wander unrestrained on any portion of the airport
property.
(a) Airport Management should report to 9-1-1 if an animal found running or roaming at
large on Airport Property.
(b) Animals found confined inside a car or aircraft that appear to be under distress should
be reported to 9-1-1.
(c) Any persons having control of an animal on airport property shall be required to pick up
and properly dispose of any waste elimination by their animals.
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Section 2-28. Firearms, explosives, etc
(a) No person, except a sworn law enforcement officer, member of the Armed Forces of the
United States on official duty, or persons holding a valid concealed weapons permit, shall
possess any firearms on the airside, except firearms that do not contain live ammunition and
are in an enclosed case intended for immediate transport off the airport.
(b) No person, except a sworn law enforcement officer or member of the Armed Forces of the
United States on official duty or persons holding a valid concealed weapons permit shall
possess any firearms in any airport building, except firearms that do not contain live
ammunition and are in an enclosed case intended for immediate transport off the airport.
(c) No person, except a sworn law enforcement officer or member of the Armed Forces of the
United States on official duty, shall possess any explosives on the airpor t.
(d) No person, other than those in the above-excepted classes, shall store, keep, handle, use,
dispense or transport at, in, or upon the airport any class A or class B explosives, any
radioactive substance or material (except for minimum amounts of radioactive substances,
such as radioactive paint illuminating instrument dials), without prior written authorization from
the Valley Regional Fire Administration or Fire Marshall and the Airport Supervisor.
Section 2-29. Disorderly conduct, alcoholic beverages, illicit drugs
(a) No person shall:
1. Commit any disorderly, obscene or unlawful act or commit any
nuisance on airport property.
2. Drink any alcoholic beverage on any portion of the airport open to the
public, except in such restaurant faci lities as may be lawfully established
or other place as shall be properly designated and licensed for on-sale
liquor dispensing by the City, County and State or for the purpose of a
special event that has received a special event permit where alcohol is
not for sale.
3. Become legally intoxicated or use any illicit drug or conduct any drug
activity on any portion of airport property.
(b) No intoxicated person shall enter upon or loiter on or about the airport, any of its facilities,
or any City-owned property.
(c)_Any person failing to comply with this section shall be in violation of these regulations and
may be refused the use and access of any airport facility and property.
Section 2-30. Property damage, injurious or detrimental activities
No person shall destroy, deface, injure or disturb in any way airport property or conduct at the
airport activities that are injurious, detrimental or damaging to airport property or to activities
and business of the airport. Any person causing or liable for any damage shall be required to
pay the City on demand the full cost of repairs. Any person failing to comply with this section
shall be in violation of these regulations and may be refused the use of any airport facility until
the City has been fully reimbursed for damage done.
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Section 2-31. Alteration of airport property
No person shall make any alterations to any signs, buildings, aircraft parking and storage
areas, leased areas or other airport property, nor erect any signs, buildings or other structures
without prior written permission of the Airport Manager. Any construction on the airport must be
approved in writing by the Airport Supervisor. Such persons shall comply with all building
codes and permit procedures of the City and shall deliver to the Airport Manager as-built plans
upon completion.
Section 2-32. Lost articles
Any person finding lost articles in public areas of the airport shall immediately deposit them at
the office of the Airport Manager. Articles unclaimed after thirty (30) calendar days may be
turned over to the finder or otherwise disposed of in a legal man ner.
Section 2-33. Abandoned property
No person shall abandon any property on airport property or in any building on the airport.
Property found to be abandoned shall be disposed of or auctioned off according to Federal and
State laws. Such property includes any item left behind after a lease termination date.
Section 2-34. Flying Clubs, Aircraft Rental Clubs
A flying club is a non-profit entity or organization organized solely for the purpose of providing
its members with one (1) or more aircraft for their personal use and enjoyment. A flying club
shall meet the following standards:
(a) At the time of applying for a lease, license, permit or agreement with or from the City to
operate at the airport, the club shall furnish the Airport Manager with a copy of its articles of
incorporation, if the club is a corporation; a copy of its arti cles of organization, if the club is a
limited liability company; a copy of its certificate of limited partnership, if the club is a limited
partnership; a copy of its partnership agreement, if the club is a general partnership; the club’s
roster or list of members, including names of officers and directors; evidence of required
insurance; a description of all aircraft used; evidence that such aircraft are properly certificated;
evidence of ownership of such aircraft; and any operating rules of the club.
(b) The club shall update its roster or list of members twice annually and provide the Airport
Manager with such updated roster or list no later than June 30 and December 31 of each year.
(c) All aircraft used by the club shall be owned by the club or leas ed exclusively by written
agreement to the club, and all ownership or lease rights to such aircraft must be vested on a
pro-rata basis in all of the club’s members. The property rights of the club members shall be
equal, and no part of any revenues received by the club shall inure to the direct benefit of any
member (e.g., by salary or bonus). The club shall not derive greater revenue from the use of its
aircraft than the amount necessary for the operation, maintenance and replacement of its
aircraft and facilities.
(d) The club’s aircraft shall not be used by anyone other than the club’s members and shall not
be used by anyone for hire, charter or air taxi. Flight instruction only by a club member may be
given in club aircraft to club members.
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(e) The club and its members are prohibited from leasing, selling, trading or bartering any
goods or services to or with any non-members of the club, except that a club may sell or
exchange its aircraft and equipment for replacement or liquidation purposes.
(f) The club shall at all times maintain in effect the types and minimum amounts of insurance
specified in article 4 of the Airport Minimum Operating Standards for any of its activities at the
airport which may be covered by such insurance.
(g) The flying club shall pay fees as prescribed by lease, license, permit or agreement, and any
applicable fees identified on the airport rates and fees schedule.
ARTICLE 3 AIRCRAFT RULES
Section 3-1. Landing and takeoff of Aircraft
(a) The following operations are prohibited, except with permission of the Airport Manager for
special events:
1. Stop and go takeoffs and landings on Runways.
2. Intersection takeoffs Except for Helicopters.
3. Formation takeoffs.
4. No person shall load or unload any persons or property from an aircraft when aircraft
engines are in operation.
(b) Except in an emergency, all fixed wing aircraft landings and takeoffs shall be made on the
runway.
(c) (Reserved).
(d) Landing aircraft shall clear the runway as soon as practical, consistent with safety, taxiing
ahead to the nearest turn-off.
(e) Except in an emergency, No aircraft shall deviate from the prescribed airport traffic pattern.
(f) Runway 34 is the preferred calm-wind runway when winds are less than five (5) knots.
Section 3-2. Aircraft wingspan restrictions
(a) Aircraft shall not occupy a hangar or tie down, nor shall aircraft be operated in areas of the
airport, where the aircraft’s wingspan exceeds the maximum approved wingspan designation
for that area as specified by the Airport Manager or as published.
(b) Aircraft – Weight restrictions. Usage of the airport runways, taxiways and ramp areas are
restricted to aircraft with a maximum gross weight of 12,500 pounds.
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Section 3-3. Traffic patterns and noise abatement procedures
(a) Arrivals and departures to and from the airport or remaining in the Airport’s Traffic Pattern
shall avoid flight over noise sensitive areas whenever possible, consistent with safety.
(b) When departing south under visual flight rules (VFR) on runway 16, aircraft after reaching a
safe minimum altitude shall make a right turn to a heading of two-hundred ten degrees (210˚).
(c) Practice instrument approaches to the Runway Threshold are discouraged. (d) All aircraft
are required, unless in an emergency, to use the prescribed Fly Friendly Traffic Pattern, which
can be picked up at the airport office or seen on the airport website..
(e) Upon reaching a safe altitude, aircraft with variable pitch props should set props to the
lowest RPM’s needed to avoid the excess noise created at ground level.
(f) Numerous noise sensitive areas east and south east of the airport are heavily populated
with commercial and residential uses and with schools. Noise abatement procedures require
flying 1000 feet above ground level (AGL) or above unless operating in the traffic pattern.
Section 3-4. Traffic pattern altitudes
Traffic pattern altitudes above mean sea level (MSL) for all traffic operations at the airport are
as follows:
(a) Helicopters, five hundred (500) feet (MSL).
(b) Propeller (piston), one-thousand (1,000) feet (MSL).
(c) Turbine-powered, one-thousand five-hundred (1,500) feet (MSL).
Section 3-5. Qualifications to operate aircraft
Operators of aircraft entering or leaving the traffic pattern of the airport or using the movement
area for the purpose of landing, or taking off shall be holders of a current medical and pilot
certificate with ratings appropriate to the type of aircraft operated and conditions under which
they are operating. Reciprocal certificates issued by foreign governments are acceptable if
accepted by the Federal Aviation Administration.
Section 3-6. Disabled aircraft
Aircraft owners and pilots shall be responsible for the prompt removal of disabled aircraft and
parts thereof, unless required or directed by the Airport Manager NTSB or Federal Aviation
Administration to delay such removal pending an investigation. In the event of failure to
promptly remove such disabled aircraft, the Airport Manager may cause the aircraft to be
removed and invoice the owners thereof for all charges incurred in the removal of same. The
City shall not be responsible for any damage to disabled aircraft removed by the owner, the
pilot, the City, Airport staff or other persons.
Section 3-7. Reserved
Section 3-8. Starting an Engine by Turning the Propeller by Hand (Hand Propping)
No person shall engage or lend assistance to hand propping an aircraft that has not been
trained in such activity. Any aircraft requiring a hand prop start will have a properly trained
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person seated at the controls, or the pilot in command shall ensure that the aircraft is securely
tied with a safety rope to a fixed object such that once the engine is started the pilot can safely
return to the aircraft controls and then release the safety rope.
Section 3-9. Motorless aircraft
No motorless aircraft may land or take off at the airport without prior written permission of the
Airport Manager and having complied with all sections of FAR Part 103.
Section 3-10. Running of aircraft engines
Aircraft engines shall only be run at idle except as may be necessary for safe taxiing
operations, taking off, landing, preflight testing, and maintenance testing. All engine run -ups for
maintenance testing purposes shall be performed in accordance with section 3-11 of these
regulations. At no time shall an aircraft’s engine(s) be operated while the aircraft is in a hangar
or covered tie-down space.
Section 3-11. Aircraft engine run-ups
All aircraft preflight engine run-ups shall be conducted in the appropriate run-up areas located
at each end of the runway.
Section 3-12. Exhaust and Propeller/Rotor Blast
No aircraft engine shall be started or aircraft taxied where the exhaust or propeller/rotor blast
may cause injury to persons or do damage to property or spread debris on the airside area.
(a) All rotorcraft are prohibited to hover or create rotor blast while at the fueling pumps or
taxiway adjacent to the fuel pumps while a fixed wing aircraft is located within 50_feet of
the pumps. At no time shall a helicopter hover and wait longer than safely necessary
within the fueling area either before or after fueling operations.
(b) All hover practice procedures shall take place on the runways upwind of engine run -up
areas. Pilots of rotorcraft shall not hover in one location for a period of time so long that
a conversation cannot take place, or in such a manner that the hovering produces
turbulence causing visibility loss due to dust/snow being disturbed.
Section 3-13. Taxiing of aircraft
No person shall taxi an aircraft without first taking all necessary precautions to prevent a
collision with other aircraft, persons or objects. Aircraft shall not be under Aircraft engine power
into or out of any hangar, or other covered area. No person shall taxi an aircraft except on
areas designated for taxiing. If it is impossible to taxi aircraft in compliance with this section,
then the engine must be shut off and the aircraft towed to the new location.
Aircraft that are on the taxiway shall have right of way over any aircraft entering the taxiway
from the east ramp areas or hovering rotorcraft.
At no times shall an aircraft taxi faster than 10 mph.
Navigation Lights shall be used from dusk till dawn while aircraft is in movement.
Pilots should communicate on CTAF their location and destination when entering Taxiway A.
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When aircraft are transitioning in opposite direction and one aircraft is required to utilize a
turnout, pilots are encouraged to use CTAF to communicate intentions.
Helicopters may use taxiway A for hover landing and takeoffs when such operations do not
impede other Aircrafts’ use of taxiway A.
Section 3-14. Common air traffic advisory frequency
AIRCRAFT OPERATORS SHALL UTILIZE THE COMMON AIR TRAFFIC ADVISORY FREQUENCY CURRENTLY ASSIGNED TO THE
AIRPORT. THIS FREQUENCY IS NOTED IN CURRENT AIRPORT/FACILITY DIRECTORY (AFD), AND USED FOR BROADCASTING
AIRCRAFT INTENTIONS OF TAXING, TAKE OFF AND LANDING PROCEDURES AND AS PROVIDED IN THE AERONAUTICAL
INFORMATION MANUAL (AIM) OFFICIAL GUIDE TO BASIC FLIGHT INFORMATION AND ATC PROCEDURES. IT IS SUGGESTED
THAT OPERATORS MONITOR CTAF ANYTIME YOUR AIRCRAFT IS IN MOTION OR UNDER POWER. Section 3-15. Aircraft
accident reports
As defined in NTSB 830.
(a) Any persons involved in an aircraft accident occurring on the airport, within the City, or that
involves an aircraft which departed from or en-route to the airport, shall make a full report
thereof to the Airport Manager as soon after the accident /incident as possible. but in no event
later than the time required for reporting the accident or incident to the FAA or to the NTSB or
within forty-eight (48) hours of the accident or incident, whichever is sooner. The report shall
include the names and addresses of the persons involved and description of the accident or
incident . When a written report of an accident is required by federal or state law, regulation, or
agency, a copy of such report shall also be submitted to the Airport Manager.
(b) Accidents and/or incidents causing damage to vehicles, aircraft structures, airport or
personal property or major personal injury of any nature occurring on airport property shall be
reported, as soon as practicable, to the Airport Manager in writing along with names and
addresses of persons involved and witnesses.
Section 3-16. Reserved
Section 3-17. Interfering or tampering with aircraft
No person shall interfere or tamper with any aircraft or put in motion the engine of such aircraft,
or use any aircraft, aircraft parts, instruments or tools without permission of the owner, or
under the specific direction of the Airport Manager in an emergency.
ARTICLE 4 VEHICLES, PEDESTRIANS, ETC.
Section 4-1. General requirements
No person shall operate a vehicle on the airport in the Airp ort Operations Area except in
accordance with the rules prescribed by the Airport Manager and all federal, state and local
law. Only authorized business vehicles approved by the Airport Manager and conducting
official business shall operate on the taxiway between the Fuel terminal and the north end
hangar operations area.
(a) Vehicles shall only be operated in the areas authorized and in a manner that complies
with these regulations.
(1) Vehicles shall be marked with the business name and phone number visible on
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(2) Vehicles shall have an orange beacon (rotating or flashing) located on the upper
most prominent point of the vehicle or a 3’x3’ orange and white checkered flag.
(3) Vehicles shall be equipped with an operational permanent or handheld
transceiver able to communicate with CTAF while driving on airport taxiways or
runways.
(b) Vehicles shall access all airport facilities and businesses from the landside public parking
areas for said facility or business.
(c) Vehicles shall obtain access to, and depart from, aircraft parking and storage areas via the
gate closest to the user’s hangar.
(d) When a gate is out-of-service, vehicles shall access a secondary gate as specified by the
out-of-service notification.
(e) All vehicles shall pass no closer than on e-hundred (100) feet to the rear of taxiing aircraft or
hovering helicopters.
(f) No vehicle shall approach closer than one-hundred (100) feet to any aircraft whose engines
are running, excluding ground service, emergency vehicles, airport service vehicles and any
official vehicle conducting official airport business.
(g) All vehicles, upon entering or exiting an airport access gate, shall wait for the gate to
completely close behind them before proceeding to their destination so as to not allow the
entry of an unauthorized vehicle.
Section 4-2. Licensing, registration and insurance
(a) No person shall operate a vehicle of any kind on the airport without a current motor vehicle
operator’s license.
1. No person shall operate any vehicle in the airside ar ea without having
first registered the vehicle and its operator with the Airport Manager and
obtaining an approved airport driver/vehicle permit.
2. A current State issued driver’s license and current insurance card is
required in order to obtain a gate entry card and this card will expire per
driver/ vehicle permit rules.3. Each gate card holder and or lessee shall
be photographed and filed as required by Airport Management per
available equipment and technology.
(b) All vehicles shall maintain the appropriate type and amount of vehicle liability insurance
required by state law.
Section 4-3. Control of vehicles
No person shall operate or park a vehicle at the airport in a manner prohibited by signs,
pavement markings, or other signals posted by the City or by regulations under this article. The
Airport Manager has power to regulate or prohibit any class or type of vehicle or any other type
or class of wheeled vehicle or other form of transport that operates in the airside area.
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(a) Vehicles left parked longer than 3 days on airport property shall be towed at owners
expense, this does not apply to section 4-5 B,5.
(b) Recreational Vehicles (motor class campers) weighing more than 12,500 lbs shall
not be permitted to enter the airside of the airport.
Section 4-4. Speed limits
All vehicles shall be operated in strict compliance with all posted speed limits at the airport.
The maximum speed limit for all vehicles in the airside area, with the exception of authorized
municipal vehicles in the performance their official duties, is ten (10) miles per hour or less if
conditions warrant in order to ensure safe operation or as otherwise posted.
Section 4-5. Vehicles operating on runway and taxiways
(a) No vehicle shall be operated on runway or taxiways unless authorized by the Airport
Manager.
(b) Any vehicle authorized to operate on airport runway or taxiways shall operate a rotating or
steady yellow or orange beacon or attach an aviation 3’x 3’ flag that complies with FAA
Advisory Circular 150/5210-5, as amended. Exceptions to this rule must be authorized by the
Airport Manager.
1. Unless authorized by the Airport Manager, no highway vehicle or
bicycle shall be operated on the airport except on roadways, parking
areas or places that are designated for such vehicles.
2. No person shall operate any vehicle in a careless or negligent manner
or in disregard for the safety of others.
3. Highway vehicles shall always yield the right-of-way to aircraft on the
ground or in the process of landing or taking off.
4. Any accident involving motor vehicles on the airport shall be reported
to the Airport Manager. 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.
5. 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 Manager, park their
automobiles within that hangar for the duration of time that the ai rcraft
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 Manager,
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 of any kind.
6. 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 by
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the tow company, and the airport shall not assume any liability for
damage while moving such vehicle.
Section 4-6. Authority to remove vehicles
The Airport Manager may cause to be removed from any area of the airport any vehicle which
is disabled, abandoned, parked in violation of Airport regulations, or immediately presents an
operational problem to any area of the airport, at the operator’s expense and without liability for
damage which may result in the course of such movement.
Section 4-7. Bicycles
The use of bicycles shall only be permitted during daylight hours and in accordance with all
applicable regulations set forth herein for vehicles, except as to regulations that by their nature
have no application. All bicycle riders must adhere to local and state laws and must wear a
safety helmet.
Section 4-8. Scooters and miscellaneous vehicles
No person shall use at the airport any go-cart, go-ped, skateboard, rollerblade, all terrain
vehicle or other vehicle not legally licensed or otherwise permitted by state law for operation on
a public street or highway. This section does not pertain to Official Federal, State or City
vehicles or vehicles used solely for tugging, marshaling, or refueling aircraft. On a case -by-
case basis, and with the prior approval of the Airport Manager, other modes of transportation
may be used on the airport.
Section 4-9. Motor homes, boats and recreational vehicles
Motor homes, boats, and recreational vehicles shall not be stored anywhere on the airport
unless in accordance with a City-approved lease or with the consent of the Airport Manager.
Section 4-10. Vehicle accidents
The driver of any vehicle involved in an accident on the airport which results in injury or death
to any person, or damage to any property, shall immediately stop such vehicle at the scene of
the accident; render reasonable assistance to a person injured in the accident, including
making arrangement for the caring of the person for medical or surgical treatment if it is
apparent that treatment is necessary or if the caring is requested by the injured person; and
give his or her name, address and operator’s license and registration number to the person
injured, the Airport Manager and to any police officer or witnesses of the accident. The
operator of such vehicle shall make a report of such accident in accordance with state law and
provide a copy of same to the Airport Manager.
Section 4-11. Careless operation, driving while into xicated, etc
No vehicle shall be operated at the airport or upon any area thereof:
(a) In a careless, negligent or reckless manner;
(b) In disregard of the rights and safety of others;
(c) Without due caution or circumspection;
(d) At a speed or in a manner which endangers or is likely to endanger persons or property;
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(e) While the driver would be prohibited by law from operating an automobile upon the public
streets of the City due to drug or alcohol impairment or influence;
(f) If the vehicle is so constructed, equipped or loaded as to endanger or be likely to endanger
persons or property, or to result in the load or other materials becoming separated from the
vehicle;
(g) Without operating headlights, tail lights, turn signals, and brake lights during hours of
darkness or during inclement weather; or
(h) In a manner that does not allow the vehicle to be immediately driven or towed away from
any nearby aircraft.
Section 4-12. Loading or unloading passengers
No person shall load or unload any persons or property from an aircraft when aircraft engines
are in operation.
Section 4-13. Parking restrictions
(a) No person shall park or leave any vehicle standing, whether occupied or not, except within
a designated parking area.
(b) Aircraft owners and operators shall only park their vehicle in the aircraft storage and
parking space designated for their aircraft.
(c) Vehicles parked in an aircraft parking and storage area shall be parked in a manner so as
to be completely contained in the aircraft parking or storage space and not obstruct adjacent
aircraft parking and storage areas, or taxi lanes unless for the purposes of immediate and
temporary loading, unloading, or staging of an aircraft.
(d) 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.
Section 4-14. Volunteer Assistance
No person shall enter the airside area of the airport for the purposes of attending, observing or
assisting at the scene of an accident except persons authorized by law , or as requested by or
with the consent of the Airport Manager.
Section 4-15. Pedestrians in the airside area
No person shall walk, stand, or loiter in the airside area if such activity is determined to be an
operational, security, or safety concern as determined by the Airport Manager.
Section 4-16. Pedestrians soliciting rides
No person shall solicit aircraft rides from any area of the airport.
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Section 4-17. Vehicle repair
No person shall clean or make any repairs to vehicles anywhere on the airport, other than in
designated shop areas, except those minor repairs necessary to remove such vehicles from
the airport.
Section 4-18. Airport Security
a. No person(s) other than a tenant or a person being escorted by a tenant or by Airport
personnel shall enter Airport Property without the Airport Manager’s permission.
b. The owner/operator of an aircraft or any facility located within the airport shall at all times
maintain security and safety awareness and report any suspected or suspicious activity or
persons to the Airport Manager or 911 as appropriate.
ARTICLE 5 FUELING, FLAMMABLE FLUIDS AND SAFETY
Section 5-1. Fuel safety
All transportation, storage and other handling of aircraft and vehicle fuel shall comply with the
Uniform Fire Code, as amended, the National Fire Protection Association's codes and
standards, as amended, FAA Advisory Circular 150/5230-4, as amended, all requirements of
these regulations, and all other applicable law.
Section 5-2. Unauthorized fuel possession and storage
Except as expressly permitted by these regulations, no person shall possess fuel at the airport.
Section 5-3. Storage of aircraft fuel trucks, trailers and ot her aircraft refueling devices
(a) Aircraft refueling vehicles, other moveable aircraft fuel containers and refueling devices
shall be stored outside and not less than fifty (50) feet from a building or such other distance
as shall be approved by Airport Manager, the City Building Official and the Valley Regional Fire
Authority.
(b) Aircraft refueling vehicles shall be parked in a manner that provides a minimum of ten (10)
feet of separation between said vehicles and any other vehicle or aircraft refueling device.
(c) No aircraft refueling vehicle, aircraft fuel container, or other aircraft refueling device, empty
or otherwise, shall be brought into, kept or stored within any building at the airport unless the
building is used exclusively for that purpose. This section does not apply to vehicle fuel cans
with a capacity of not more than five (5) gallons, provided no more than one (1) such can may
be located within a single vehicle, and not more than two (2) such cans in any hangar.
(d) Direct fueling of boats, motor homes, ATVs or other recreational vehicles is prohibited.
Section 5-4. Aircraft fueling locations
All aircraft fueling/de-fueling shall be performed outdoors. Aircraft being fueled/de-fueled shall
be positioned so that aircraft fuel system vents or fuel tank openings are not closer than fifty
(50) feet from any building or hangar unless otherwise approved by the Airport Supervisor and
Valley Regional Fire Authority or Fire Marshall.
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Any and all fueling operations must have a Hazardous Spill Responder Kit readily available
with a minimum absorption rate of eight (8) gallons.
Section 5-5. Maintenance of fuel servicing vehicles
Maintenance and servicing of aircraft fuel servicing vehicles shall be performed outdoors or in
a building approved for that purpose by the fire department.
Section 5-6. Aircraft storage hangars – Spraying flammable liquids prohibited
No flammable liquid (paint or other combustible) shall be sprayed within a storage hangar.
Section 5-7. Open flame
There shall be no open flames in the airside area, within fifty (50) feet of any aircraft, fuel truck,
and/or fuel storage area, or where specifically prohibite d by the City. The category of open
flames and lighted open-flame devices shall include, but shall not be limited to, the following:
(a) Exposed flame heaters, liquid, solid or gaseous devices, including portable and wheeled
gasoline or kerosene heaters and gas or charcoal grills;
(b) Heat-producing, welding, or cutting devices and blowtorches;
(c) Flare pots or other open-flame lights.
Section 5-8. Environmental spills and removal
Persons shall not fuel an aircraft in a manner that overfills the tank(s) or causes the tank(s) to
leak fuel through its vent, and/or dumping fuel. In the event of spillage or dripping of gasoline,
oil, grease or any material that may be unsightly or detri mental to the airport, the same shall be
removed immediately and the incident reported to the Airport Manager within two (2) hours.
The responsibility for the immediate removal of such gasoline, oil, grease or other material
shall be assumed by the operator or owner of the equipment causing the same or by the
tenant or concessionaire responsible for the deposit. In the event of such spillage, and the
failure of the operator or owner to restore the area to its original safe and environmentally
sound status, the City or approved contractor may clean up any material unlawfully spilled,
placed or otherwise deposited at the airport and may charge the responsible person(s) for the
cost of the cleanup, any required environmental remediation, and any expenses incurr ed by, or
fines or damages imposed on the City as a result thereof.
Section 5-9. Lubricating oils
A total of sixty (60) gallons of lubricating oils which are necessary for minor aircraft
maintenance and have a flash point at or above one-hundred degrees (100°) Fahrenheit may
be stored in hangars or other suitable storage devices as approved by the Airport Manager,
provided they are stored in their original container and have original manufacturer’s labeling.
Section 5-10. Fire extinguishers
(a) All tenants and businesses shall supply and maintain such adequate and readily accessible
fire extinguishers in their hangar or building as required by Chapter 15.36A ACC. This chapter
is administered by the Valley Regional Fire Authority, and each occupant is required to check
with the Fire Authority to determine their individual needs. Each fire extinguisher shall carry a
suitable tag showing the date of most recent inspection.
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(b) At least two (2) fire extinguishers, each having a rating of at least 20 -BC, shall be available
for use in connection with aircraft fueling handling operations.
Section 5-11. Underground and Aboveground tanks
Subject to the other requirements of these regulations, a person may possess fuel within an
underground/aboveground fuel storage tank constructed, operated and maintained in all
respects as required by federal, state, county, and local law. Fuel so stored may be dispensed
only into aircraft owned by the person who owns, operates and maintains the tank, unless the
tank is located at the airport and operated and maintained by a fixed base operator.
Section 5-12. Moveable fuel storage tanks
Unless otherwise approved by the Airport Supervisor and Valley Regional Fire Authority
moveable fuel storage tanks are prohibited at the airport except for:
(a) Fuel trucks constructed, operated and maintained in all respects as required by law.
(b) Permanent fuel tanks in an operable aircraft.
(c) Tanks not exceeding two (2) gallon capacity used solely for sampling and testing fuel,
engines and fuel handling apparatus.
(d) No more than one (1) tank with a capacity of not more than fifty-five (55) gallons used by a
person to fuel his or her own aircraft pursuant to a self-fueling permit.
(e) Tanks lawfully transporting fuel for immediate dispensing into a fuel storage tank permitted
by the City. Such vehicles shall access the airport at a point approved by the Airport M anager
and remain under escort by a representative of the company receiving the fuel.
Section 5-13. Self-fueling Operations (mogas, avgas, auto)
Except as may be prohibited by other provisions of these regulations and any other applicable
law, owners of a based aircraft that desire to self-fuel their aircraft, must receive written
permission from the Airport Manager. This does not apply to the use of a self -service fuel
facility provided by a fixed base operator.
1. Those operators that self fuel shall have readily available fire extinguishers per
section 5-10(b).
2. Self fueling pilots will have available within 15’ of the fueling operation an approved
hazardous waste spill kit that will be able to contain at minimum a 10 gallon fuel spill.
Section 5-14. Vehicle fuel
No person shall possess vehicle fuel on the airport except:
(a) Within the permanently installed fuel tank of a vehicle for use only by that vehicle;
(b) Within a moveable container designed for storage of vehicle fuel and having a capacity of
not more than five (5) gallons. No more than one (1) moveable container containing vehicle
fuel shall be located in a single vehicle. No more than two (2) such containers shall be located
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in any hangar. No such containers shall be stored either empty or full in a City-owned storage
unit. See section 5-3.
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ADMINISTRATIVE
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TITLE: FINANCESUBJECT: AUBURNMUNICIPAL AIRPORT
MINIMUM OPERATING STANDARDS 100-81INDEXNUMBER:
EFFECTIVE DATESUPERSEDESPAGE PREPARED BY:MAYOR’SAPPROVAL
11/26/07 NEW 1OF24 SHELLEY COLEMAN
1.0 PURPOSE
Rules andregulationsprovided inthis document andanyamendments thereto (hereinafter
referred toas “regulations”), adoptedpursuant totheAuburnCityCode, areintendedfor the
safe, orderlyandefficient operation oftheairport, andapplytoallpersons usingtheairportfor
anyreason.
Inadditiontoanyotherstated penalties, anyone whoviolatesorfailstocomplywithany
provisionsofthese rulesandregulationsshalluponconvictionthereofbepunished asprovided
inACC1.25.050. Aviolation ofanyoftherules orregulations setforthinthischaptershallbe
deemedsufficientcause fortheAirport Managertodenyorprohibit accesstooruseofthe
airportbytheresponsible personorfirm.
2.0 ORGANIZATIONS AFFECTED
Alldepartments/divisions
3.0 REFERENCES
OrdinanceNo. 6118
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4.0 POLICY
TABLEOFCONTENTS
A1D; A; W4-5RTICLEEFINITIONSPPLICATIONAIVER.....................................................................
Section1-1 Definitions...........................................................................................4
Section1-2 ApplicationofMinimumOperating Standards.....................................4
Section1-3 Multipleactivitiesbyonecommercialairportoperator........................4
Section1-4 ActivitiesnotcoveredbyMinimumOperating Standards....................4
Section1-5 Waiverormodification ofstandards....................................................5
A2AP.........................................................................5-7RTICLEPPLICATIONROCESS
Section2-1 Applications...................................................................................5-6
Section2-2 Processing; denial..............................................................................6
Section2-3 Appeal Process..................................................................................7
A3 GCP....................................................7-8RTICLEENERALONTRACTUALROVISIONS
Section3-1 GeneralProvisions..........................................................................7-8
A4I...........................................................................................8-9RTICLENSURANCE
Section4-1 General insurancerequirements.....................................................8-9
Section4-2 Additionalinsurance required
byCity’sriskmanagement director.....................................................9
Section4-3 Form; acceptancebyCity...................................................................9
A5GOR.............................................9- 11RTICLEENERALPERATIONALEQUIREMENTS
Section5-1 AirportRulesandRegulations............................................................9
Section5-2 Taxiwayaccess.................................................................................10
Section5-3 Right-of-entryreserved.....................................................................10
Section5-4 Ratesandcharges............................................................................10
Section5-5 Personnel, subtenantsandinvitees; control anddemeanor.............10
Section5-6 Interferencewithutilitiesandsystems..............................................10
Section5-7 Fireequipment..................................................................................10
Section5-8 Vehicle Identification.........................................................................10
Section5-9 Indemnification..................................................................................11
A6FBO...................................................................11-15RTICLEIXEDASEPERATORS
Section6-1 Statement ofconcept..................................................................11-12
Section6-2 Landandfacilityrequirements..........................................................12
Section6-3 Hoursofoperation............................................................................12
Section6-4 Subcontractingservices; restrictions.................................................12
Section6-5 Minimumrequirements of FBOservices...........................................13
Section6-6 Insurance..........................................................................................14
Section6-7 Monthlyaeronauticalbusinesspermitfee.........................................14
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A7GASS..........................................15-23RTICLEENERALVIATIONPECIALTYERVICES
Section7-1. Hangarleasingservices...............................................................15-16
Section7-2. Aircraftsalesservices........................................................................16
Section7-3. Aircraftmaintenance andrepairservices.....................................16-17
Section7-4. Aircraft leasingorrentalservices.......................................................17
Section7-5. Flighttrainingservices.................................................................17-18
Section7-6. Specializedaircraftrepairservices....................................................18
Section7-7. Aircraftcharterservices.....................................................................19
Section7-8. Specialized commercialflyingservices........................................19-20
Section7-9. Aircraft management services...........................................................20
Section7-10. Mobileaircraftwashingservices................................................20-22
Section7-11. Mobileaircraft maintenanceandrepairservices..............................22
Section7-12. On-AirportRentalCarConcessionServices..............................22-23
Section7-13. Off-AirportRentalCarConcessionServices....................................23
Section7-14. Off-AirportCateringServices...........................................................23
Section7-15. CharterBrokerage Services.............................................................23
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ARTCILE1DEFINITIONS; APPLICATION; WAIVER
Section1-1. Definitions.
Alldefinitions contained intheAuburnCityCodeandtheairportRulesandRegulationsare
incorporatedby referenceintotheseMinimumOperatingStandards. Forpurposesofthese
Minimum OperatingStandards, allreferencestothe “RulesandRegulations” areto theairport
Rules andRegulations.
Section1-2. ApplicationofMinimumOperating Standards.
Allpersons conductingcommercial aeronauticalactivitiesattheairport (hereinafter referredtoas
commercial airportoperator), shall, asaconditionofconducting suchactivities, complywithall
applicablerequirementsconcerningsuchactivitiesassetforthintheseMinimumOperating
Standardsandanyamendments thereto. Therequirementssetforthhereinaretheminimum
standards which areapplicable topersonsconducting commercialaeronautical activities atthe
airportandallpersonsareencouraged toexceedsuchminimumstandardsinconductingtheir
activities. These MinimumOperating Standardsshallbedeemed tobeapartofeachcommercial
airportoperator’slease, license, permit oragreementwithorfromtheCityunlessanysuch
provisions arewaivedormodifiedbytheCitypursuanttosection1-5. Themereomissionofany
particularstandardfromacommercial airportoperator’swrittenlease, license, permit or
agreementwiththeCityshallnotconstituteawaiverormodification ofsuchstandardinthe
absenceofclearandconvincingevidencethattheCityintendedtowaiveormodify suchstandard.
Section1-3. Multipleactivitiesbyonecommercialairportoperator.
Whenever acommercialairportoperator conducts multipleactivitiespursuant toonelease,
license, permitoragreementwiththeCity, such commercial airportoperatormustcomplywiththe
minimumstandardssetforthhereinforeach separateactivitybeingconducted. Iftheminimum
standardsforoneofthecommercial airportoperator’sactivities areinconsistent withtheminimum
standards foranotherofthecommercialairportoperator’sactivities, thentheminimum standards
whicharemost beneficialtotheCity, and/orwhicharemost protectiveofthepublic’shealth,
safetyandwelfare, shallapply.
Section1-4. Activities notcovered byMinimumOperating Standards.
Anyactivitiesforwhichtherearenospecific minimum standardssetforthhereinshallbesubject
tosuch standardsandprovisions asaredevelopedbytheairportdirectoronacase-by-casebasis
andsetforthinsuchcommercialairportoperator’swrittenlease, license, permitoragreement with
orfromtheCityandshallpaytheaeronautical businesspermitfeeassetforthintheCityof
Auburnsfeeschedule.
Section1-5. Waiver ormodification of standards.
The AirportSupervisormaywaiveormodifyanyportionoftheseMinimumOperating Standards
forthebenefitofanygovernmentalagencyperformingnon-profitpublicservices, fireprotection or
fire-fighting operations. TheCity’sAirportSupervisor maywaiveormodifyanyportionofthese
Minimum Operating Standards foranyperson when itisdeterminedthatsuchwaiver or
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modification isinthebestinterestoftheCityandwillnotresultinunjustdiscriminationamong
commercialairportoperatorsattheairport.
ARTICLE2APPLICATION PROCESS
Section2-1. Applications.
Anypersonwhodesires toconductanycommercialaeronautical activitiesattheairportcovered
bytheseMinimum OperatingStandardsshall, prior toconducting suchactivities, submitan
Aeronautical Business PermitApplication totheAirportManager, andreceiveapprovalthereof,
fromtheAirportSupervisor. Inadditionto thefollowingrequirements, theAirportManager may
require theapplicant toprovideadditional informationwhich isnecessarytoensurecompliance
withtheAuburnCityCode, RulesandRegulations, and/ortheseMinimumOperatingStandards.
Theapplicantshall, atminimum, submitthe followingdocumentation withtheabove-referenced
application:
a) Adetaileddescription ofthescopeoftheintendedoperations, including allservicestobe
offered;
b) Theamountofland, officespace, and/oraircraft storageareas requiredfortheoperation;
c) Adetailed descriptionofanyimprovements ormodificationstobeconstructed ormadeto
airportproperty, includingcostestimates andaconstructiontimetable;
d) Theproposed hours ofoperation;
e) Documentationoftheapplicant’sfinancial capabilities toconstruct anyimprovements andto
conductanyproposedactivities;
f) Adetailed descriptionand/orevidenceoftheapplicant’stechnical abilitiesandexperiencein
conductingtheproposedactivities, includingpersonal references;
g) Thecommencementdatefortheapplicant’sactivitiesandthetermofthelease, license, permit
oragreement sought, includingalloptionperiods;
h) Oneofthefollowing:
1. Iftheapplicantisacorporation, acopyofthearticlesofincorporation asfiledwiththe
StateofWashington;
2. Iftheapplicantisalimitedliabilitycompany, acopyofthearticlesoforganization filed
withtheState ofWashington;
3. Iftheapplicantisalimitedpartnership, acopyofthecertificateoflimitedpartnership
filedwiththeState ofWashington; or
4. Iftheapplicantisageneralpartnership, acopyofthewrittenpartnership agreement;
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i) Anoriginalcopyofacertificate ofinsurance, intheamountsoutlinedhereunder, namingthe
Cityasanadditional insured;
j) Acopyofalease/sublease orotheragreementwiththe Cityorabonafideairporttenant;
k) Acopyoftheapplicant’sCityofAuburn BusinessLicense;
l) Arates andchargesscheduleofallservicestobeconducted atAuburnMunicipal Airport; and
m) Copiesofapplicable FederalAviationAdministration (FAA) certificates.
Section2-2. Processing; denial.
TheAirportManager, inaccordance withtheseMinimum OperatingStandards, shallbe
responsibleforprocessinganapplicationforanAeronautical BusinessPermit. TheAirport
Managermaydenyanyapplication iftheAirportManagerdeterminesthat:
a) Theapplicant doesnotmeetthequalifications andstandards setforthintheAuburn City
Code, theRulesandRegulations, ortheseMinimumOperating Standards;
b) Theproposed activitiesarelikelytocreateasafetyhazardattheairport;
c) TheactivitieswillrequiretheCitytoexpend funds, ortosupplylaborormaterials asaresultof
theapplicant’sactivities, orwillresultinafinanciallosstotheairport;
d) Noappropriate spaceorlandisavailable toaccommodatetheproposedactivities;
e) Theproposedactivitiesarenotconsistentwiththeairport’smasterplanand/orairportlayout
plan;
f) Theproposed activitiesarelikelytoresultina congestion ofaircraft orbuildings, areductionin
airport capacity, oranundueinterference with airport operationsortheoperations ofanyexisting
airportusers attheairport;
g) Theapplicantoranyofitsprincipals hasknowingly madeanyfalseormisleadingstatements
inthecourseofapplying foralease, license, permitoragreement;
h) Theapplicantoranyofitsprincipalshasarecord ofviolatingtheAuburn CityCode, theRules
andRegulations, theseMinimumOperatingStandards, federalaviationregulationsoranyother
applicablelaws, ordinances, rulesorregulations;
i) Theapplicantdoesnothavethetechnicalcapabilities orexperienceorfinancialresourcesto
properlyconducttheproposed activities;
j) Theapplicanthasnotsubmittedappropriatedocumentation supporting theproposedactivityas
outlinedinsection2-1.
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thepropertyoftheCity, atnocosttotheCity, uponterminationofthecommercialairport
operator’slease, license, permitoragreement.
e) Nolease, license, permit, agreement, or anyrightsthereunder, shallbeassignedwithoutthe
priorwritten consent oftheCity. Theairportdirector mayrequireanypotentialassigneetosubmit
biographicalandfinancial information atleast thirty (30) dayspriortoaproposedassignment.
f) AllFAArequiredprovisions.
ARTICLE4INSURANCE
Section4-1. Generalinsurancerequirements.
Exceptasotherwise providedinarticle6orarticle7, eachcommercialairportoperatorshallatall
timesmaintainineffectthefollowing typesandminimumamountsofinsurance asapplicableto
thebusiness tobeconducted:
a) Commercial GeneralLiability insuranceinthe amountof $1,000,000peroccurrenceand
1,000,000annualaggregate. Suchinsuranceshall containcontractual liabilityinsurancecovering
applicableleases, licenses, permits, oragreements.
b) Commercial/business automobileliability insuranceforallowned, non-ownedandhired
vehiclesassignedtoorused inperformance ofcommercialaeronauticalactivitiesintheamountof
aleast $300,000peroccurrence. Ifanyhazardousmaterial, asdefinedbyanylocal, stateor
federal authority, isthesubject, ortransported, intheperformance ofthiscontract, an
endorsement isrequiredproviding $1,000,000peroccurrencelimitsofliabilityforbodilyinjury and
propertydamage.
c) Special CausesofLossProperty Formcovering allimprovements andfixturesonthe
commercial airportoperator’spremises inan amountnotlessthenthefullreplacementcost
thereof, totheextentofthecommercialairportoperator’sinsurableinterestinthepremises.
d) Worker’scompensation insuranceasrequiredbylawandemployers liabilityinsurance inthe
amountof $100,000peraccident, $100,000disease perperson, $500,000disease policylimit.
e) Aircraft liabilityinsurance intheamountofatleast $1,000,000peroccurrence singlelimit
BodilyInjuryandPropertyDamage Liabilityincluding Passengers.
f) Hangar keeper’sliabilityinsurance intheamount ofatleast $1,000,000peroccurrence, or
moreasvaluesrequire.
g) Products-completed operationsliability insurance intheamountofatleast $1,000,000per
occurrence.
h) Ifapplicable, LesseeshallmaintainEnvironmental Impairment Liabilitycoverage forany
undergroundorabovegroundfuelstoragefacility, tank, undergroundorabovegroundpiping,
ancillaryequipment, containment systemorstructure used, controlled, constructed ormaintained
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byLesseeintheamountof $1,000,000EachIncident, $2,000,000Aggregate. Thepolicyshall
cover on-siteandoff-sitethirdpartybodilyinjuryandpropertydamageincludingexpensesfor
defense, corrective actionforstoragetankreleasesandtankclean-upforstoragetankreleases.
i) Allinsurancepoliciescitedhereinshallcontainawaiver ofsubrogationrightsendorsement with
respecttotheCity.
Section4-2. Additional insurance requiredbyCity’sriskmanagementdirector.
Inaddition tothetypesandamountsofinsurancerequired bysection4-1, eachcommercial
airport operator shallatalltimesmaintain suchotherinsuranceastheCity’sriskmanagement
directormayreasonably determine tobenecessary forsuchcommercialairportoperator’s
activities.
Section4-3. Form; acceptance byCity.
Allinsurance shallbeinaformandfromaninsurance company withaBest’sfinancialratingofat
leastB ++. Allpolicies, exceptworker’scompensation policy, shallnametheCityand itselected
or appointedofficials, officers, representatives, directors, commissioners, agentsandemployees
as “AdditionalInsured,” andthecommercial airportoperator shallfurnishcertificateofinsurances
evidencing therequiredcoverage citedhereinpriortoengaging inanycommercial aeronautical
activities. Suchcertificates shallprovideforunequivocalthirty (30) daynoticeofcancellation or
materialchangeofanypolicylimits orconditions.
ARTICLE5GENERALOPERATIONALREQUIREMENTS
Section5-1. Airport Rules andRegulations.
Each commercial airportoperator shallabide by theAuburnCityCode, RulesandRegulations
andanyotherdocumentsestablishedbytheCity forthesafe, orderlyandefficient operation ofthe
airport.
Section5-2. Taxiwayaccess.
Ifnotalreadyprovided, eachcommercialairportoperatorconducting aeronautical activities shall
providepaved accessfromitsleased premisestotheairport’staxi-way/taxilane/apronsystem.
SuchaccessshallmeetallapplicableFAAstandardsforthelargestaircrafttypeanticipatedtouse
thecommercial airportoperator’spremises.
Section5-3. Right-of-entry reserved.
TheCityreservestheright atallreasonabletimestoenteruponeachcommercial airport
operator’spremisesforanylawfulpurpose, providedthatsuchentrydoesnotunreasonably
interferewiththecommercial airportoperator’suseofthepremises.
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promulgatedhereunder. Thissectionapplies, without limitation, toclaimsofpersonal injury, bodily
injury, sickness, diseaseordeath, andtoclaimsofproperty damage (includingCityproperty),
destructionorotherimpairmentofevery description (including, without limitation, lossofuse), and
toclaimsofenvironmental propertydamage (including, without limitation, cleanup, response,
removalandremediation costs).
ARTICLE6FIXEDBASEOPERATORS
Section6-1. Statement ofconcept.
Afixedbaseoperator meansaperson engagedina widerangeofcommercial aeronautical
activitiesonairportpropertyincluding, ataminimum, thefollowing:
a) Aircraft fueling andlubrication;
b) Aircraftlineservices;
c) Majoraircraftmaintenance andrepairservices;
d) Aircraftstorage, parking, andtiedown;
e) Retailsaleofaircraft parts andaccessories; and
f) Provision ofcustomary facilities, amenities, andancillaryservices togeneralaviationusers
including, ataminimum, thefollowing: publicrestrooms, publictelephones, passengerwaiting
areas/lounges, conference rooms, crew-member lounges, andweatherbriefing/flightplanning
services.
Afixedbase operator shallcomplywithallof thestandardsandrequirements contained inthis
article. Inaddition, afixedbaseoperator mayengageinanygeneral aviation specialtyservice
activityidentified in article7 (andwhich isnot alreadyspecifically required bythissection) upon
meeting allstandards identified forthespecificactivity, withtheexception ofthosestandards
relatedtominimumrequiredofficespace.
Section6-2. Landandfacility requirements.
a) Land: Three (3) acres ofcontiguousairportproperty.
b) Apron: Atleast60,000squarefeetofeitherairportpropertyortenantdeveloped (notincluding
anybuildingarea, automobileparkingarea, andfuelstoragearea) tosupportaircraftoperations.
Thisareashallaccommodatethefollowing:
1. Airplane DesignGroup Iaircraft (wingspans upto49’ feet);
2. Transient aircraftparkingfor5aircraft;
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3. Circulation taxilanes tofacilitate accessto/fromaircraftparkingandstagingareas;
and
4. Adequateareatosimultaneously accommodate transientaircraft operations, towing
ofaircraft to/fromstoragehangars, andstagingofbased aircraft.
c) Executive TerminalBuilding: 7500square feetwithaminimumof2000squarefeetdedicated
tocustomer serviceandsupportfunctions.
d) HangarSpace: 7500squarefeetwith4500squarefeetdedicated toaircraftstorageand 3000
squarefeetdedicated toaircraft maintenance andrepair.
e) Shop: 3,000 squarefeetofshopspacetosupportaircraftmaintenance andrepairactivities,
includingthestorageofparts andaccessories.
Section6-3. Hoursofoperation.
Unlessotherwise agreedtoinwriting bytheairportdirector, afixedbaseoperatorshallprovide
aircraftfuelingandlineservicesseven (7) daysperweek, from8:00a.m. to6:00p.m., andshall
keepthefixedbaseoperation openforaircraft maintenance andrepairatleasteight (8) hours per
day, five (5) daysperweek. Thefixedbaseoperator shallalsobeon-calltwenty-four (24) hours
perdaywithafter hoursresponsetimesofone (1) hourorless.
Section6-4. Subcontracting services; restrictions.
Afixedbaseoperator maynotsubcontract anyoftheactivitiesidentifiedinsection6-1except for
majoraircraftmaintenance andrepairservices andtheretailsaleofaircraft partsandaccessories.
Iftheactivity isnotidentifiedinsection6-1, afixedbaseoperator maysubcontractanyactivities
describedinarticle 7, providedthatsuchsubcontractormeets therequirements inarticle7and
operatesfromthefixedbaseoperator’spremises andinsuchareasasareapproved bythe
airportdirector.
Section6-5. Minimumrequirements ofFBOservices.
a) Aviationfueling.
1. Afixedbaseoperatorshallcomply withtheNationalFireProtection Association’s
codesandstandards, asamended, FAAAdvisory Circular150/5230-4, asamended, all
requirements oftheRulesandRegulations, andallotherapplicable lawsrelatedto
aircraftfuelhandling, dispensing andstorage.
2. Afixedbaseoperator shallconstruct (orinstall) andmaintainanon-airportaboveor
belowgroundfuelstorage facilityina locationapprovedbytheairportdirector. Thefuel
storagefacility shallhavetotalcapacityforthreedayssupplyofaviationfuelforaircraft
beingservicedbythefixedbaseoperator. Innoevent shallthetotalstoragecapacitybe
lessthan:
10,000gallonsforJetfuelstorage
8,000gallons forAvgasstorage; and
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Afixedbaseoperatorshalldemonstratethecapability toexpandfuelstorage capacity
withinareasonable timeperiod.
3. Afixedbaseoperatorshallnotconstructormodify anyfuelstorageordistribution
facilitieswithoutthewritten consentoftheCityandwithoutcomplying withallCitysafety
standards. TheCitymayinspectsuch facilitiesperiodicallytoensure compliancewithall
standards.
4. Afixedbaseoperatorshallprovidedispensingequipmentsufficienttoservethe
needsoftheaircraft normallyfrequenting theairport, includingtheprovision ofatleast
oneJetfuelrefuelingvehiclesandoneAvgasrefuelingvehicleoravehiclecapable of
providingbothproductsfromasinglevehicle. Jetfuelrefuelingvehicles shallhave over-
the-wingfuelingcapabilitiesandminimumcapacityof2,000gallons. Avgasrefueling
vehiclesshallhaveminimumcapacityof750gallons. Allequipment mustbeapproved
bytheairportdirectorandshallmeetallCitysafety standards. Themetering devices
shallbeannuallyinspected, checkedandcertifiedbyappropriate state andlocal
agencies. TheCitymayinspectsuchequipmentperiodicallytoensurecompliance with
allstandards.
5. Afixedbaseoperatorshallrequireallofitsfuel-handlingpersonneltoattend training
courses, obtain afuelhandler’spermit, andreceiveperiodicrefreshertraining as
requiredbytheAirportManagerandRegionalValleyFireAuthority. Afixedbase
operatorshalldevelop astandardoperating procedureforaviationfuelingactivitiesand
provide acurrentcopyofthesametotheairportdirector. TheCityandFAAmay
periodically conductinspections ofthefixedbaseoperator’sactivitiesandpersonnelto
ensureadherence tosafepractices.
b) Aircraftlineservices.
1. Afixedbaseoperatorshallemployandhaveon-dutyduringrequiredhoursof
operation atleastoneproperly trainedandqualifiedemployeecapableofproviding
aircraftfueling, aircraft parking, andancillary aircraftgroundservicesandrelated
customerservicesandsupport.
2. Afixedbaseoperatorshallhaveandmaintaintheequipment thatisrequiredtosafely
andefficientlymove (tow) theaircraft normallyfrequenting theairport, includingatug
andtowbarswithrateddraw barpullsufficientforsuchaircraft.
3. Afixedbaseoperatorshallmaintain tools, jacks, tugs, tirerepairequipment, ground
powerunits, emergencystartingequipment, portablecompressed airtanks, fire
extinguishers, chocks, ropesandtiedownsuppliesasarenecessary fortheservicingof
aircrafttypesexpected tousetheairport.
c) Majoraircraft maintenance andrepairservices.
1. Afixedbaseoperatorshallprovidemajorairframe, engineandaccessory overhaul
repairservices forpiston, turboprop, andturbineaircraft.
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2. Providesufficientshopspace, equipment, suppliesandavailability ofpartsequivalent
tothatrequired forcertification bytheFAAasanapprovedrepairstation.
3. Either: (1) employandhaveon-dutyduring normalbusinesshoursatleastone
personwhoiscurrentlycertifiedbythe FAA withratings appropriate totheworkbeing
performedandholds anairframe, power plant, oraircraftinspectorrating; or (2)
maintainacurrentFARPart145Certificate.
d) Aircraftstorage, parkingandtiedown.
1. Afixedbase operatorshalllease, rentorlicenseaircraftstorage, parkingandtiedown
facilities toaircraft owners oroperatorssolely foraircraft storage, parking andtiedown
purposes.
2. Alltransient aircraftcustomersshallbeidentifiedwithchalksindicating thefixedbase
operatornameorabbreviation.
e) Saleofaircraft parts andaccessories.
1. Afixed baseoperatorshallprovide retailsalesofaircraftpartsandaccessories asare
necessary fortheservicingofaircrafttypes expected tousetheairport.
Section6-6. Insurance.
Afixedbaseoperator shallmaintainthe applicabletypes andamountsofinsurance requiredby
article4, exceptthattheoperatorshallatalltimes maintaincommercial generalliability insurance
intheamount ofat least $1,000,000peroccurrence, $1,000,000products-completedoperations,
1,000,000hangarkeepers, and $1,000,000annual aggregate.
Section6-7. Aeronauticalbusiness permit fee.
a) Fixedbaseoperatorsshallpayfeesasprescribedbylease, license, permitoragreement. Ata
minimum, saidlease, license, permitoragreementshallincludeamonthlylandrentalpayment
commensuratewithmarketratesandthefollowingAeronautical Business Permitfees:
1. Anairportfuelflowagefee, asidentifiedintheairportratesandfeesschedule, forfuel
dispensedduringthecalendarmonthjustended.
2. Attheconclusionofeachfiscal yearendingJune30, fixedbasedoperatorsshall
reconciletheirrecordsandshall, ifthefeespayable forservicesperformedpursuant to
Article7of theAirportMinimumOperating Standardsexceed theamountoffuelflowage
feespaidpursuanttosection6-7(a)(2) duringthepreceding fiscal year, paythe
differencebetween thetwoamounts totheairportonorbeforeJuly31ofeachyear.
3. Seventy-Five (75) percentofthegrossovernighttiedownfeesunless thefixedbase
operator’sapron isconsidered partofitsleasehold.
4. Theabove-indicatedfeesarenotinlieuofany transactionprivilege taxes orother
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taxes.
b) Fixedbaseoperators shallnotsublease, permit orallow anyotherperson tooperateasa
generalaviationspecialtyservice operatorwithintheleasedorpermitted area, orconduct
anybusinessventure which directlyorindirectly relatestoaeronautics orflight, without the
priorwrittenapprovaloftheCity.
c) Allpayments due theCityshallbeaccompanied byforms prescribedbytheCity’saccounting
officeortheAirport Supervisor.
ARTICLE7. GENERAL AVIATIONSPECIALTYSERVICES
Section7-1. Hangar leasingservices.
Ahangarleasingservicesoperatormeansaperson engaged inthebusiness ofleasing, rentingor
licensing hangars toaircraftownersoroperators solely foraircraftstoragepurposes. Ahangar
leasingservices operatormayengageinthebusinessofconstructing andoperatinghangarstobe
leased. Ahangarleasing servicesoperatorshallcomplywiththefollowingminimumstandards:
a) Ahangarleasingservices operator shallleasesufficient landtoaccommodatetheproposed
numberofhangarsbasedonthefollowing.
1. TheFAAhasestablishedminimum standards forhangarsforthestorageofaircraft
asfollows: 2,500squarefeetforjetaircraft, 2,000squarefeetforturbopropandtwin
engineaircraft, and1,000squarefeetforsingleengineaircraft andhelicopters.
2. Eachhangarleasing servicesoperatorshallregisterwiththeairportdirectoronlyas
manyaircraft tobebasedatAuburnMunicipal airport ascanbestoredwithinthe
operator’shangarundertheFAAguidelinesinsection7-1(a)(1). Transientaircraft
storageisprohibited.
b) Theconstruction plansandspecifications foranyhangarstobeconstructed, including
minimumhangar sizesandarchitectural design plans, aresubjecttothewrittenapproval ofthe
City.
c) Ahangar leasingservices operatorleasing, rentingorlicensinghangars initsoperationsshall
maintainthetypesandamountsofinsurancerequiredbyarticle4foranyofitsactivities which
maybecoveredbysuchinsurance.
d) Ahangarleasingservicesoperator’shangarsshallincludeatleastone(1) indoorrestroomsfor
eachtwenty(20) hangar facilitiesfortheusebyoperator’s lessees, andappropriateofficeand
lounge areasfortheoperator’semployees.
e) Ataminimum, payaAeronauticalBusinessPermit feeassetintheCityofAuburnfee
schedule.
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Section7-2. Aircraft sales services.
Anaircraft salesservices operator meansapersonengagedinthesaleorbrokerage ofnew
and/orused aircraftandshall:
a) LeasefromabonafideairporttenantortheCityaminimum of100squarefeetofofficespace.
b) Ifconductingsalesservices, maintain anapprovedAircraft DealersCertificatefromthe State
ofWashington.
c) Atalltimesmaintainineffectthetypesandminimum amountsofinsurancespecifiedinarticle
4, foranyofitsactivities attheairportwhich maybecoveredbysuchinsurance.
d) Payfeesasprescribedbylease, license, permitoragreement. Ataminimum, anoperator, in
addition topayinga monthlylandrentalpaymentcommensurate withmarketrates, shall pay the
greater oftwenty-fivedollars ($25.00) permonth oramonthlyaeronauticalbusinesspermit feeof
one-hundreddollars ($100.00) forthesaleof asingleenginepistonaircraftand/orsinglerotor
pistonhelicopter, two-hundreddollars ($200.00) forthesaleofatwinenginepistonaircraftand/or
twinrotorpiston helicopter, andthree-hundred dollars ($300.00) forthesaleofaturboprop and
turbinepoweredaircraftand/orhelicopter. ThesemonthlyAeronautical Business Permitfees are
applicabletoallaircraftsales.
Section7-3. Aircraft maintenanceandrepair services.
Anaircraftmaintenance andrepairservicesoperatormeansapersonprovidingoneormore of
thefollowing services: airframe, engineoraccessoryoverhaul; repairservices on aircraft,
including aircraft andhelicopters; andsalesofaircraftparts andaccessories. Anaircraft
maintenanceandrepairservicesoperatorshall:
a) Leasesufficientlandtoaccommodate theproposed operations.
b) Provideofficespace, hangarfacilities, apavedaircraftparkingapron, anadequatenumberof
paved automobile parkingspacesforits customers, apublicloungeandwaitingroomandpublic
restroomsonitspremises.
c) Provide sufficientshopspace, equipment, suppliesandavailabilityofpartsequivalent tothat
requiredforcertification bytheFAAasan approvedrepairstation.
d) Either: (1) employandhaveon-dutyduringnormalbusinesshoursatleastonepersonwhois
currentlycertified bythe FAAwithratingsappropriatetotheworkbeingperformed andwhoholds
anairframe, powerplant, oraircraft inspectorrating; or (2) maintainacurrentFARPart145
Certificate.
e) Notconductmajormaintenance, repairoperations, or businessactivitiesatanytimeinside
hangars orotherstructuresnotdesignedforsuchfunction. Specificleaseagreementand/orCity
firecodes shalldeterminewhathangarsorotherstructuresshallbeapproved formajor
maintenance activities.
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f) Atalltimesmaintainineffectthetypes andminimumamountsofinsurance specifiedinarticle
4, foranyofitsactivities attheairport whichmaybecoveredbysuchinsurance, exceptthatthe
operatorshallat alltimes maintain commercial generalliabilityinsuranceintheamountofatleast
1,000,000peroccurrence, $1,000,000products-completed operations, and $1,000,000annual
aggregate.
g) Payfeesasprescribedbylease, license, permitoragreement. Ataminimum, anoperator, in
additiontopaying amonthlylandrentalpayment commensuratewithmarket rates, shallpaythe
greateroftwenty-fivedollars ($25.00) permonth. oramonthly AeronauticalBusinessPermit fee.
Section7-4. Aircraft leasingorrental services.
Anaircraftleasingorrentalservicesoperatormeansapersonengagedintheleasing orrental of
aircrafttothepublic. Anaircraft leasingorrentalservices operator shall:
a) LeasefromabonafideairporttenantortheCityaminimum of100squarefeetofofficespace.
b) Employandhave on-dutyduringnormal businesshours atleastoneperson.
c) Atalltimesmaintainineffectthetypesandminimum amountsofinsurancespecifiedinarticle
4, foranyofitsactivities attheairportwhichmay becoveredbysuchinsurance.
d) Payfeesasprescribedbylease, license, permitoragreement. Ataminimum, anoperator, in
additiontopaying amonthlylandrentalpayment commensuratewithmarket rates, shallpaythe
greateroftwenty-fivedollars ($25.00) permonth oramonthly AeronauticalBusinessPermit fee.
Section7-5. Flight trainingservices.
Aflighttrainingservicesoperator meansapersonengagedininstructing pilotsindualandsolo
flighttraining, infixed-wingand/orrotary-wingaircraft, andprovidingsuchrelated groundschool
instruction asis necessarytotakeawritten examination andflightcheck rideforthecategoriesof
pilot’slicensesandratingsinvolved. Aflighttrainingservices operatorshall:
a) LeasefromabonafideairporttenantortheCityaminimum of100squarefeetofofficespace.
b) Provideadequateclassroomfacilitiesfor theamountandtypeoftraininginvolved.
c) Employandhaveon-dutyduringnormalbusinesshoursatleast oneinstructorwhoiscurrently
certifiedbytheFAAtoprovidethetypeoftrainingoffered.
d) Atalltimesmaintainineffectthetypesandminimumamountsofinsurancespecifiedinarticle
4, foranyofitsactivities attheairportwhichmay becoveredbysuchinsurance.
e) Payfeesasprescribedbylease, license, permitoragreement. Ataminimum, anoperator, in
additiontopaying amonthlylandrentalpayment commensuratewithmarket rates, shallpaythe
greateroftwenty-fivedollars ($25.00) permonth oramonthly AeronauticalBusinessPermit fee.
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Section7-6. Specializedaircraftrepair services.
Aspecializedaircraftrepairservicesoperatormeansapersonengagedinthebusiness of
repairingaircraftradios, avionics, instruments, propellers, accessories, upholstery, painting and/or
similaraircraftcomponents. Aspecialized aircraft repairservicesoperatorsellsneworusedparts
andcomponentsnecessary forsuchrepairs. Aspecialized aircraftrepairservicesoperatorshall:
a) Leasesufficientlandtoaccommodate theproposed operations.
b) Providehangarfacilities, apavedaircraftparkingapron, anadequate numberofpaved
automobile parkingspacesforitscustomers, apubliclounge andwaitingroomandpublic
restroomsonitspremises.
c) Employandhaveon-dutyduringnormalbusinessatleastonepersonwhoiscurrentlycertified
bytheFAAwithratings appropriate totheservicesoffered.
d) Notconductmaintenanceorrepairoperations orbusinessactivitiesatanytimeinsidehangars
orotherstructuresnotdesignedforsuchfunctions. Specificleaseagreements and/orCityfire
codesshalldetermine what hangarsorotherstructures shallbeapprovedformajormaintenance
activities.
e) Atalltimesmaintainineffectthetypesandminimumamountsofinsurancespecifiedinarticle
4, foranyofitsactivities attheairport which maybecoveredbysuchinsurance, exceptthatthe
operatorshallat alltimes maintain commercial generalliabilityinsuranceintheamountofatleast
1,000,000peroccurrence, $1,000,000products-completed operations, and $1,000,000annual
aggregate.
f) Payfeesasprescribedbylease, license, permitoragreement. Ataminimum, anoperator, in
additiontopaying amonthlylandrentalpayment commensuratewithmarket rates, shallpaythe
greateroftwenty-fivedollars ($25.00) permonth oramonthly AeronauticalBusinessPermit fee.
Section7-7. Aircraft charterservices.
An aircraftcharterservices operatormeansaperson engagedinthebusiness ofprovidingair
transportation ofpersonsorpropertytothegeneralpublic forhire, either onacharterbasisoras
definedbytheFAAunderPart135. Aircraftcharterservices mayincludetheperformance of
aircraft managementservicesasdefined intheseMinimum OperatingStandards, aslongasall
requirementsofsuchservicesaremet. Anaircraft charterservicesoperatorshall:
a) LeasefromabonafideairporttenantortheCityaminimum of100squarefeetofofficespace.
b) Employandhaveon-dutyduringnormalbusinesshours atleast onepersonwhoholdscurrent
FAAcommercialpilotandmedicalcertificatesandratingsappropriate fortheoperator’sflight
activities. Allflightcrewsshallbeproperlyrated fortheaircraftoperated, andtheoperatorshall
providereasonable assurance ofthecontinuedavailabilityofqualified operatingcrews.
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c) Ownorleaseexclusivelybywrittenagreement aircraftcurrently certifiedandcontinuously
airworthy. Allaircraft shallmeettherequirements oftheFAAcertificate heldbytheaircraft charter
serviceoperator.
d) Have andprovidetheCitywith, acurrentFARPart135CertificateorprovisionalFARPart135
Certificate, aswellastheaircraftidentification pagefrom theoperating specificationslistingall
aircraftonthecertificate.
e) Atalltimesmaintainineffectthetypesandminimumamountsofinsurancespecifiedinarticle
4, foranyofitsactivities attheairportwhichmay becoveredbysuchinsurance.
f) Payfeesasprescribedbylease, license, permitoragreement. Ataminimum, anoperator, in
addition topaying amonthlylandrentalcommensurate withmarket rates, shallpayamonthly
AeronauticalBusinessPermitfeeofoneor moreofthefollowing:
1. Amonthlypermitfeeofone-hundred dollars ($100.00) fortheoperation ofone or
morepiston-engineaircraftlessthan12,500poundscertificatedmaximum takeoff
weight; and
2. Amonthlypermitfeeofone-hundred andfiftydollars ($150.00) fortheoperation of
eachturbine/jetaircraftlessthan12,500pounds certificatedmaximum takeoffweight.
Section7-8. Specializedcommercialflyingservices.
Aspecializedcommercial flyingservicesoperatormeansapersonengagedinairtransportation
forhireforany ofthefollowing purposes: nonstopsightseeingflightsthatbeginandendat the
airport, aerial photography orsurvey, powerlineorpipelinepatrol, firefighting orfirepatrol,
airbornemineralexploration, oranyotheroperationsspecificallyexcluded fromFARPart135. A
specialized commercialflyingservicesoperatorshall:
a) LeasefromabonafideairporttenantortheCityaminimum of100squarefeetofofficespace.
b) Employandhaveon-dutyduringnormalbusinesshours atleast onepersonwhoholdscurrent
commercialpilotandmedicalcertificates withappropriate ratingsfortheaircraft tobeflown.
c) Atalltimesmaintainineffectthetypesandminimum amountsofinsurancespecifiedinarticle
4, foranyofitsactivities attheairportwhichmay becoveredbysuchinsurance.
d) Payfeesasprescribedbylease, license, permitoragreement. Ataminimum, anoperator, in
additiontopaying amonthlylandrentalpayment commensuratewithmarket rates, shallpaythe
greateroftwenty-fivedollars ($25.00) permonth oramonthly AeronauticalBusinessPermit fee.
Section7-9. Aircraft managementservices.
Anaircraftmanagementservicesoperatormeansapersonperforming oneormoreofthe
followingservicesinthemanagement ofanother person’saircraft: pilotstaffing, records
management, andotheraircraft-relatedservicesnotincluding servicesdetailed inany other
sectionscontainedherein. Aircraftmanagementalsoencompasses theexerciseoftheprivilegeof
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FAR Part91.501 onbehalf oftheowner. Aircraftmanagementdoesnotincludethecontrol of or
operation ofaircraftunderFARPart135. An aircraftmanagement servicesoperatorshall:
a) LeasefromabonafideairporttenantortheCityaminimum of100squarefeetofofficespace.
b) Atalltimesmaintainineffectthetypesandminimumamountsofinsurancespecifiedinarticle
4, foranyofitsactivities attheairportwhichmay becoveredbysuchinsurance.
c) Payfeesasprescribed bylease, license, permitoragreement. Ataminimum anoperator, in
additiontopayingamonthlylandrental paymentcommensurate withmarketrates, shallpaya
monthlyAeronauticalBusinessPermitfeeofoneormoreofthefollowing:
1. Amonthlypermitfeeofone-hundreddollars ($100.00) forthemanagementofoneor
morepiston-engineaircraftlessthan12,500poundscertificatedmaximum takeoff
weight; and
2. Amonthly permitfeeofone-hundredandfiftydollars ($150.00) forthemanagement
ofeachturbine/jetaircraftlessthan12,500poundscertificatedmaximum takeoffweight.
Section7-10. Mobileaircraftwashing services.
Mobileaircraft washingservicesoperatorsengageinthecleaning, detailingand/orwashingof
aircrafteitherforthegeneral publicorforindividual businesses. Aircraftwashingisrestricted to
designatedwashrack/padareasand/orotherareas permittedunderanApprovedWashingPlan
AWP) andshallbeperformedinaccordance withSection 2-11oftheAirportRules and
Regulations. Operatorsprovidingmobile aircraft washingservicesshallmeetthefollowing
standards:
a) Submitandreceiveapprovalofanaircraft washingplanthatcontainsthefollowinginformation:
1. Nameofindividual/companyconducting washingservices, contactname andphone
number.
2. Adetaileddescription ofwashingmethod/operation, includingthefollowingdetails:
a) Wash watercontainmentmethod(s), (rampscrubber, berms, tarps, containment
boom, dry, etc.),
b) Anestimateoftheamountofwaterused perwash andfrequencyofoperation,
c) Nameandamountofchemical(s) usedperwash, And
d) If “dry” washing orwaxing/coatingoperationsareconducted, provideaffirmation
thattarps, vacuumsystemand/orsweepingwillbeusedtocollectresidual material
foritsproperdisposal andto protecttheramp (ifapplicable). Operatorsmust
properlydispose of “dry” washmaterialsand/orresidualwaste.
e) Material SafetyDataSheets (MSDS) forallchemicals tobeused.
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3. Ifwashingisconductedoutsideofdesignatedwashrack/pad, indicatethemethodof
disposal ofretrievedwash/wastewater. Ifwateristobedisposedofonairportproperty
thefollowingsteps shallbetaken:
a) Disposalofwash/wastewatershallbedonethroughanoil/waterinterceptorinto
thesanitary sewersystem. Atnotimeiswash/wastewatertobedisposedofin
stormwater drainageordirt/grassareas.
b) Approvalforthedischargeofwash/wastewateronairportproperty shallbe
obtainedfromtheAirport Supervisor. Anapprovalletter shallbeincludedinthe
AWP, andbeaccessibleon-demandeachtimedisposal isconductedonairport
property.
b) AcopyoftheAWPshallbeonwashsiteatalltimeswhile aircraft washingactivitiesare
performed, andshallbeaccessible totheairportdirectoron-demand.
c) Theaircraftwashingservices operatorshall maintainacompletelistof
individuals/companiescontracting forwashingservicesandallaircraftwashed duringeach
month, includingthedatethatservice wasprovided, aircraftowner (ifavailable), FAA
registrationnumber, andmake andmodelofaircraftforaperiod ofsix (6) months. Thelist
shallbemadeavailabletotheAirport Managerupon request.
d) Amobileaircraft washingservicesoperatorshallat alltimesmaintain ineffect thetypes
andminimumamountsofinsurance, andcontainprovisionscitedhereinforanyof its
activitiesattheairportthatmaybecoveredbysuchinsurancespecifiedinsection4.
e) Theoperatorshallpayfeesasprescribed bylease, license, permitoragreement. Ata
minimumanoperator shallpaythegreater oftwenty-fivedollars ($25.00) permonthora
monthlyAeronauticalBusiness Permitfee.
Section7-11. Mobile aircraftmaintenanceandrepair services.
Amobileaircraft maintenanceandrepairservices operator meansapersonproviding one ormore
ofthefollowingservicesattheaircraftbasedlocationorwithinadesignatedaircraftmaintenance
areasontheairport: airframe, engine oraccessoryoverhaul; repairservicesonaircraft; andsales
ofaircraft parts andaccessories. Amobileaircraft maintenanceandrepairservicesoperatorshall:
a) Either: (1) employatleastonepersonwhoiscurrentlycertifiedbytheFAAwithratings
appropriatetotheworkbeing performed andwhoholdsanairframe, powerplant, oraircraft
inspectorrating; or (2) maintainacurrent FARPart145Certificate.
b) Onlyconductaircraftmaintenance andrepairservices onpistonaircraftweighinglessthan
12,500poundscertificatedmaximumtakeoff weight.
c) Notconduct majoraircraft alterationsorrepairs orbusinessactivitiesatanytimeinside
hangars orotherstructuresnotdesignedforsuchfunction. Specificleaseagreementand/orCity
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firecodesshalldetermine whathangarsorotherstructuresshallbeapprovedformajoraircraft
alterations orrepairs.
d) Atalltimesmaintainineffectthetypesandminimumamountsofinsurancespecifiedinarticle
4, foranyofitsactivitiesattheairportthat maybecoveredbysuchinsurance.
e) Payfeesasprescribed bylease, license, permit oragreement. Ataminimum, anoperator
shallpaythegreateroftwenty-fivedollars ($25.00) permonth oramonthlyAeronautical Business
Permitfee.
Section7-12. On-Airportrentalcarconcession services.
Anon-airport rentalcarconcession services operator meansaperson providing rentalcar
servicesattheairport. Anon-airportrentalcarconcessionservices operator shall:
a) LeasefromtheCityaminimum of100squarefeetofofficespaceattheairport.
b) Atalltimesmaintainineffectthetypesandminimumamountsofinsurancespecifiedinarticle
4, foranyofitsactivitiesattheairportthat maybecoveredbysuchinsurance.
c) Employ andhaveondutyattheairport atleastonepersonduringnormalbusiness hours.
d) Payfeesasprescribedbylease, license, permitoragreement. Ataminimum, anoperator
locatedonairportshallpaythegreaterofFiveHundred dollars ($500.00) permonthoramonthly
aeronautical business permitfeeoffive (5) percent ofgrossincomefromtheoperator'ssalesofall
services. AutomobilesareconsideredrentedatAuburnMunicipalAirport (and, thereforeincluded
ingrossincome) if:
1. Theautomobileisdeliveredtothecustomerattheairport; or
2. Therentalagreement isentered intoattheairporteventhoughtheautomobileis
deliveredelsewhere; or
3. Theautomobilewasreserved inadvanceattheairport.
4. Avehiclerentedattheairportisexchanged foranothervehicleatanylocation within
twenty-five (25) milesoftheAuburnMunicipalAirport foratimeperiodrunning
consecutively withtheoriginalrentalagreement.
Section7-13. Off-Airportrentalcarconcession services (Reserved).
Section7-14. Off-Airportcateringservices.
Anoff-airportcateringservices operatormeansapersonproviding cateringservices atthe airport,
andwhoseprimaryofficesarelocatedoff-airport. Anoff-airportcateringservicesoperator shall:
DI.E Page 109 of 152
TITLE: INDEX NO: PAGE: ADMINISTRATIVE AUBURN MUNICIPAL AIRPORT 23OF24POLICYANDPROCEDURE100-81MINIMUMOPERATINGSTANDARDS
Section7-15. Charter Brokerage Services.
Acharterbrokerage servicesoperatormeansapersonbrokeringanotherperson’saircraftforuse
incharter operationorfillingseatsinanaircraftforpurposes ofcharter operation. Charter
brokerageservicedoesnotincludethecontroloroperation ofaircraftunderFARPart135. A
charterbrokerage servicesoperatorshall:
a) Atalltimesmaintainineffectthetypesandminimumamountsofinsurancespecifiedinarticle
4, foranyofitsactivities attheairportwhichmay becoveredbysuchinsurance.
b) Payfeesasprescribedbylease, license, permitoragreement. Ataminimum, anoperator
shallpayamonthlyaeronauticalbusiness permitfeeof $1.00/1,000lbsmaximumcertificated
takeoffweightofallaircraftarriving ordeparting theairportinconjunction withthisservice.
DI.E Page 110 of 152
DI.E Page 111 of 152
AGENDA BILL APPROVAL FORM
Agenda Subject:
Airport Grants
Date:
August 8, 2012
Department:
Finance
Attachments:
Airport Grant Memo
Agenda Bill
Resolution 4815 & Grant Application
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Staff:Coleman
Meeting Date:August 13, 2012 Item Number:DI.F
AUBURN * MORE THAN YOU IMAGINEDDI.F Page 112 of 152
Interoffice Memorandum
To: Municipal Services Committee
From: William Thomas, Economic Development Planner
CC: Mayor Lewis, Kevin Snyder, Dan Heid
Date: August 8, 2012
Re: Airport Grants – Resolution No. 4815
I am writing you regarding Resolution No. 4815 and the City of Auburn’s application to the
Federal Aviation Administration (FAA) for grant funding for the completion of the required
2000-2020 Airport Master Plan update and a Wildlife Hazard Assessment.
This item was reviewed by the Municipal Services Committee last April, at which time the
Committee took action to forward it on to City Council for approval. On May 21, 2012, the
City Council approved the resolution for $225,000.00, which included a 10% match
($22,500.00) by the City of Auburn. Resolution No. 4815 authorized the Mayor to implement
administrative procedures necessary to carry out the directives of the Resolution.
At this time, we anticipate the grants to be awarded this August and no later than August 30,
2012. As the precise timing of these awards is yet to be determined; and as the City typically
has only 10 days to respond; it is our intention to by-pass the Committee and take this award
directly to City Council for approval.
We trust that this request meets the approval of the Committee. Please contact me directly
should you have any questions or if you need further information regarding this issue.
DI.F Page 113 of 152
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DI.F Page 141 of 152
AGENDA BILL APPROVAL FORM
Agenda Subject:
Emergency Management Communications
Date:
August 8, 2012
Department:
Police
Attachments:
Alert Warning Notification Overview
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:Miller
Meeting Date:August 13, 2012 Item Number:DI.G
AUBURN * MORE THAN YOU IMAGINEDDI.G Page 142 of 152
City of Auburn
Alert, Warning, and Notification Methods
As a National Weather Service StormReady certified City, we are required to have at least four
ways to notify the public of emergencies. The following systems and techniques are available for
the City of Auburn to use to alert, warn, and notify the public about hazards and threats. Every
situation will present differently, so the exact combination of methods used is determined at the
time of incident, based on who needs to be alerted, what they need to be told, the amount of time
available, and which systems are functional at the time. All systems are operated cooperatively
between the Public Affairs Manager, Emergency Management staff, and trained Public
Information Officers located in several City departments.
CodeRed/Auburn Alert: This system features multiple notification vectors, including phone
calls, e-mails, text messages, Twitter messages, and a mobile application for smart phones. All
land-line phones in the City are automatically entered in the database. Cell phones and VOIP
phones must be entered by the end-user, along with e-mail addresses and text message
information. Users must also download the app to their smart-phone if they wish to use it.
AM 1700: City owned and operated radio station. Can have emergency message updated
remotely, then flashing signs can be turned on remotely to alert people to tune to it. Signs are
located at: 7200 block Auburn Way North; 15th ST NW at C ST NW; 4100 block A ST SE; and
Auburn Way South at Poplar Street.
TV21: City operated television station. Normal programming can be overridden with emergency
messages.
Portable Message Signs: Operated by Public Works, these signs can be moved to appropriate
places within the City and can be programmed to display critical messages.
E-mail Lists: The City has a wide variety of e-mail lists that the public can sign-up for. During
an emergency, the two primarily used to send alerts are the Alerts list and the Mayor’s list.
Twitter: Messages can be posted to Twitter without the use of CodeRed. Staff and volunteers
can also monitor Twitter for information relevant to our response.
Facebook: The City has multiple Facebook accounts for different departments and activities.
The main City page and the Emergency Management page have primary use during emergencies.
Through a free subscription service, weather alerts are automatically posted to the EM Facebook
page. Messages posted by us on our Facebook pages are automatically sent to Twitter as well.
City Website: There is a permanent “Real Time Emergency Notification” page on the website
that is updated in real-time during emergencies. During an emergency, a link to this page is
placed in the “In the Spotlight” section of the website with an attention grabbing visual.
DI.G Page 143 of 152
Regional Public Information Network (RPIN): During an emergency, all critical City press
releases are also posted on the RPIN website, which rebroadcasts them to interested parties who
have signed up for the service.
2-1-1: Human services related emergency messages (location of shelters, showers, etc.) are
provided to 2-1-1 as an additional resource for people who may already be accustomed to calling
there for information.
Public Information Line: During an emergency, we are equipped to operate a public
information phone line at 253-876-1925.
Emergency Alert System (EAS): The City can request an activation of the Emergency Alert
System for critical life safety emergencies. This request is made via either King or Piece County,
depending on the location of the incident. The EAS system will then rebroadcast the message to
nearly all TV and radio stations in the Puget Sound area, in addition to all NOAA weather radios,
which many people and businesses have purchased.
Door-to-Door Notification: Staff and volunteers can be utilized to go door-to-door to deliver
emergency messages.
DI.G Page 144 of 152
AGENDA BILL APPROVAL FORM
Agenda Subject:
2012 Fireworks Update
Date:
August 8, 2012
Department:
Police
Attachments:
2012 Fireworks After Action
Budget Impact:
$0
Administrative Recommendation:
For discussion only.
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:Pierson
Meeting Date:August 13, 2012 Item Number:DI.H
AUBURN * MORE THAN YOU IMAGINEDDI.H Page 145 of 152
MEMORANDUM
Date: August 13, 2012
To: Municipal Services Committee
From: Bob Lee, Chief of Police
Subject: 2012 Fireworks After Action Report
________________________________________________________________
In 2012, the Auburn Police Department continued to maintain a “zero tolerance”
stance on the possession and/or discharge of illegal fireworks in the city. If
officers were able to establish probable cause for a particular individual for either
possession or discharge of illegal fireworks, they were to cite the appropriate city
code. If officers were unable to establish probable cause for a particular
individual, and fireworks were present, the fireworks were to be confiscated for
destruction.
Two objectives to enhance our response to fireworks for the 2012 season were
identified as priorities:
1. Continue efforts to improve communication and collaborative efforts
with representatives from the Muckleshoot Indian Tribe.
• Chief Lee met one on one with Tribal Council Member and former Fireworks
Commissioner Mike Jerry.
• Commander Colglazier met with the current Fireworks Commissioner, Lori
Simonson, early in the season. Communication was established on how the
department could help with her efforts of running the fireworks stands and
discharge area.
• The department continued to be represented at the Muckleshoot Tribe Law
and Order Meetings.
DI.H Page 146 of 152
2
• The Tribe amended their Fireworks Ordinance, shortening the allowed
discharge times from beginning at 7:00 a.m. to beginning at 10:00 a.m.
• The Tribe communicated with the City, giving advance notice of when the
fireworks vendors would be holding their display. This gave the City the
ability to notify citizens of this event in advance so they could plan
accordingly. Specifically those citizens living in the Forrest Villa and Forrest
Ridge neighborhoods that adjoin the fireworks discharge area were
recipients of this notification.
2. Increase officer presence and enforcement in the neighborhoods with
proactive fireworks patrols and response to 911 complaints of fireworks by
citizens.
• Fireworks emphasis patrols started June 20th and ran through July 5th.
• Increased the number of emphasis officers in the neighborhoods on July 4th
by 4 officers by decreasing officers deployed at the firework stands from 10
to 6.
• Patrol officers working their normal duty shift, at times when staffing was
above the minimum, were assigned for part of their shift as fireworks
emphasis officers.
Results:
• The designated officers assigned to the fireworks emphasis this year began
one week later than last year (June 20th instead of June 13th). This was in
part due to the fact that fireworks complaints and activity at the stands was
minimal during the week of June 13-June 20.
• The police department worked with the Valley Regional Fire Authority to
have firefighters available the night of the 4th for transport of confiscated
fireworks as in years past. This continues to be a success in that officers
can confiscate fireworks and release them to a firefighter in the field, which
keeps the officer available for additional 911 calls.
• 6 officers and 1 sergeant were deployed to the fireworks stands for crowd
control and police presence in the discharge area and stands.
• 22 officers, 2 motorcycle officers, and 3 sergeants were assigned to
fireworks emphasis patrols in neighborhoods throughout the day.
• Emphasis officers were pulled away by priority patrol calls on two occasions.
In one instance, emphasis officers responding to a fireworks complaint at an
apartment complex and while at that location recognized a known subject
DI.H Page 147 of 152
3
with a warrant. When the officer attempted to arrest the warrant subject, he
resisted and a couple of his friends were arrested for obstructing. This case
took these emphasis officers off the street completing the booking and
paperwork associated with this case. In the second instance, emphasis
officers responded to assist with a high priority Residential Burglary in
progress.
• The Fireworks Commissioner contacted Auburn Police around 10:30 p.m. on
the night of July 4th and requested that the discharge area of the fireworks
stands be closed down for safety reasons. Officers from the emphasis
patrols throughout the city were needed to respond to the area of the stands
in order to assist with crowd control shutting down the discharge area.
Ultimately the discharge area was shut down by 11:30 p.m. on the night of
the 4th as opposed to remaining open until 2:00 a.m.
• In closing down the discharge area at the request of the Fireworks
Commissioner, an unmarked detective vehicle caught on fire near the
discharge area, ultimately resulting in a total loss of the car to fire.
July 4th Snapshot
The numbers below are a snapshot of what occurred from 11:00 a.m. on July 4th,
all day and over night until 4:00 a.m. on July 5th.
On view by officer: 23
Called in by citizen: 103
Total fireworks calls: 126
Calls by District:
1- 9
2- 36
3- 28
4- 24
5- 12
6- 17
The calls by district numbers for the fourth of July show the two highest districts
as the 2 and the 3. These two adjoining districts make up the northeast portion
of the City (East of Auburn Way N and Lea Hill).
DI.H Page 148 of 152
4
62
99 101
0
20
40
60
80
100
120
201020112012
911 Fireworks
Calls on July 4th
Figure 1: 911 fireworks calls for service on July 4th
162
291
245
0
50
100
150
200
250
300
201020112012
Total 911
Calls for
Service
Figure 2: 911 fireworks calls for service June 13-July 4th
12,000
11,000
13,975
0
2,000
4,000
6,000
8,000
10,000
12,000
14,000
201020112012
Fireworks
Confiscated
Figure 3: Total number of individual illegal fireworks confiscated.
DI.H Page 149 of 152
5
8 8
12
0
2
4
6
8
10
12
201020112012
Fireworks
Arrests
Figure 4: Total number fireworks related arrests.
Suggestions for 2013
• Continue our “zero tolerance” policy towards enforcement and confiscation of
illegal fireworks.
• Utilize CRT in order to reach out to multi-family housing complexes in order
to disseminate the information regarding illegal fireworks. Continue to
educate the public on illegal fireworks through flyers and press releases.
• Continue ongoing communication with the Muckleshoot Tribe, specifically
regular communication with the Fireworks Commissioner.
• Continue to increase presence in neighborhoods on July 4th utilizing
emphasis patrol officers.
• Work with the Muckleshoot Indian Tribe on maintaining hired security at the
stands/discharge area beyond July 4th.
DI.H Page 150 of 152
AGENDA BILL APPROVAL FORM
Agenda Subject:
Matrix
Date:
August 8, 2012
Department:
Police
Attachments:
Matrix
Budget Impact:
$0
Administrative Recommendation:
Background Summary:
Reviewed by Council Committees:
Councilmember:Peloza Staff:
Meeting Date:August 13, 2012 Item Number:DI.I
AUBURN * MORE THAN YOU IMAGINEDDI.I Page 151 of 152
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e
w
i
n
J
u
n
e
.
29
P
Go
l
f
C
o
u
r
s
e
W
o
r
k
i
n
g
C
a
p
i
t
a
l
R
e
v
i
e
w
a
n
d
Fu
t
u
r
e
P
l
a
n
s
Sh
e
l
l
e
y
C
o
l
e
m
a
n
1
0
/
2
2
/
2
0
1
2
O
n
-
G
o
i
n
g
Qu
a
r
t
e
r
l
y
R
e
p
o
r
t
s
:
Ja
n
(
P
r
e
v
O
c
t
-
D
e
c
)
;
April (Prev Jan-Mar); July
(P
r
e
v
A
p
r
-
J
u
n
e
)
;
Oc
t
o
b
e
r
(
P
r
e
v
J
u
l
y
-
S
e
p
t
)
2nd meeting of the month.
6/
2
5
/
1
2
f
o
r
g
o
l
f
c
o
u
r
s
e
o
p
e
r
a
t
i
o
n
s
m
a
r
k
e
t
i
n
g
p
l
a
n
r
e
v
i
e
w
.
30
P
S
t
r
e
e
t
M
e
d
i
a
n
M
a
i
n
t
e
n
a
n
c
e
D
a
r
y
l
F
a
b
e
r
1
0
/
8
/
2
0
1
2
Co
m
m
i
t
t
e
e
w
i
l
l
w
o
r
k
w
i
t
h
P
C
D
C
a
n
d
P
W
t
o
d
e
v
e
l
o
p
a
n
d
im
p
l
e
m
e
n
t
s
t
a
n
d
a
r
d
i
z
e
d
a
p
p
r
o
a
c
h
t
o
s
t
r
e
e
t
m
e
d
i
a
n
ma
i
n
t
e
n
a
n
c
e
a
n
d
a
p
p
e
a
r
a
n
c
e
.
31
P
C
e
m
e
t
e
r
y
U
p
d
a
t
e
D
a
r
y
l
F
a
b
e
r
9
/
2
4
/
2
0
1
2
M
a
r
k
e
t
i
n
g
p
l
a
n
t
o
b
e
p
r
e
s
e
n
t
e
d
o
n
9
/
2
4
/
1
2
.
32
P
T
o
w
i
n
g
Bo
b
L
e
e
9
/
1
0
/
2
0
1
2
F
o
l
l
o
w
-
u
p
r
e
p
o
r
t
f
r
o
m
7
/
9
m
e
e
t
i
n
g
.
NO
.
I
T
E
M
O
F
I
N
T
E
R
E
S
T
3
I
S
h
o
p
p
i
n
g
C
a
r
t
U
p
d
a
t
e
R
a
n
d
y
B
a
i
l
e
y
1
/
1
4
/
2
0
1
3
Ja
n
u
a
r
y
(
P
r
e
v
J
u
l
y
-
D
e
c
)
,
July (Prev Jan-June)
4
I
O
r
d
i
n
a
n
c
e
N
o
.
6
3
9
8
-
P
u
l
l
T
a
b
s
D
a
n
H
e
i
d
2
/
1
1
/
2
0
1
3
An
n
u
a
l
r
e
v
i
e
w
o
f
t
a
x
a
t
i
o
n
b
a
s
i
s
t
o
d
e
t
e
r
m
i
n
e
i
f
a
n
y
ch
a
n
g
e
s
n
e
e
d
t
o
b
e
m
a
d
e
-
d
e
p
e
n
d
e
n
t
u
p
o
n
s
t
a
t
u
s
o
f
ec
o
n
o
m
y
.
O
r
d
i
n
a
n
c
e
N
o
.
6
3
9
8
w
a
s
e
n
a
c
t
e
d
2
/
2
1
/
1
2
.
La
s
t
R
e
v
i
s
i
o
n
D
a
t
e
:
7
/
2
4
/
1
2
E:
\
A
G
E
N
D
A
\
Mu
n
ic
ip
a
l
Se
r
v
i c
e
s
P
ap
e
r
l
e
s
s
P
ac
k e
t
\
2
0
1
2
\
1
5 -
A u
gust13\R esources\M atrix7 -24 -12 .xls
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