Chapter 12.44 WESTOVER FIELD RULES AND REGULATIONS

A. Management. It shall be the responsibility of the manager of Westover Field to fairly and impartially administer the Westover Field rules and regulations.

B. Users. It shall be the responsibility of every user of Westover Field, pilot or other, to become familiar with the Westover Field rules and regulations and to obey those rules and regulations. A copy will be maintained current to reflect any amendments and will be posted at Westover Field. Additional copies will be provided by the airport manager to any user of the airport who requests such copy. (Ord. 705 §1(part), 1980).

12.44.040 Definitions.

For the purposes of this chapter, the following definitions and meanings shall apply unless otherwise specified:

A. "Air carrier" means any person who undertakes directly, by lease, or other arrangement, to engage in air transportation of persons or things. They operate, in various categories, under authority or certification by the U.S. Civil Aeronautics Board and/or the California Public Utilities Commission. Categories are: flag carriers, local service carriers, all-cargo carriers, helicopter carriers, commercial air operators, air taxi operators and charter air carriers.

B. "Aircraft" means a device that is used, or intended to be used, for flight in the air. It includes airplanes, helicopters and gliders, and lighter-than-air devices such as blimps or balloons, but does not include hang gliders.

C. "Airport" means Westover Field, its buildings and facilities, all lands owned by the county contiguous to the airport, including airspace above such land and the designated approaches thereto.

D. "Air traffic" means aircraft operating in the air or on airport surface, exclusive of loading ramps or parking areas.

E. "Air traffic clearance" means an authorization issued by air traffic control personnel for an aircraft to proceed under specified traffic conditions within controlled airspace.

F. "Autorotation" means a rotorcraft flight condition in which the lifting rotor is driven entirely by action of the air when the rotorcraft (helicopter) is in motion.

G. "Balloon" means a lighter-than-air aircraft which is not engine driven.

H. "Ceiling" means the height above the earth’s surface of the lowest layer of clouds or obscuring phenomena, that is reported as "broken," "overcast," or "obscuration," and is not classified "thin" or "partial."

I. "County" means the county of Amador.

J. "Commercial operator" means any person who, for compensation or hire, engages in the carriage of persons, property, or mail in air commerce, or engages in other aerial activity such as flight instruction, aerial photography, firefighting, agricultural aviation activities, traffic surveillance.

K. "Commercial use" means use of Westover Field for revenue producing commercial activities.

L. "Fixed base operator" means any person who rents, leases, or owns facilities located at Westover Field, who by virtue of his specific type of aviation (or aviation related) activity, requires the occupancy of a site with contiguous aircraft apron and direct access to the aircraft operation area, and who engages in a business activity providing aviation sales or services, including, but not limited to, any of the following:

1. Selling and/or servicing new and used aircraft and component parts;

2. Aircraft maintenance and repairs;

3. Sales and/or repair of avionics;

4. Aviation training (including ground or flight instruction);

5. Aerial photography;

6. Air ambulance service;

7. Aircraft agricultural operations (cropdusting; spraying, or the application of seed, fertilizers, pesticides, defoliants, etc.); and

8. Aircraft rental, charter, leasing.

M. "Flight visibility" means the average forward horizontal distance from the cockpit of an aircraft in flight, at which prominent unlighted objects may be seen and identified by day, and prominent lighted objects may be seen and identified by night.

N. "Ground visibility" means prevailing horizontal visibility near the earth’s surface.

O. "Helicopter" means a rotor-driven aircraft (rotorcraft) that, for its horizontal motion, depends primarily on its engine-driven rotors.

P. "IFR" means instrument flight rules covering meteorological conditions below the minimums for flight under visual (VFR) conditions.

Q. "Maintenance" means inspection, overhaul, repair, preservation, and the replacement of parts, but excludes preventive maintenance.

R. "Maximum gross landing weight" means the maximum landing weight stipulated for a particular aircraft by the Federal Aviation Administration (FAA).

S. "Night" means the time between the end of evening civil twilight and the beginning of morning civil twilight as published in the American Air Almanac, converted to local time.

T. "Person" means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity, and includes a trustee, receiver, assignee, or similar representative of any of them.

U. "Traffic pattern" means the traffic flow that is prescribed for aircraft landing at, or taking off from Westover Field.

V. Word Construction. The following construction applies throughout this chapter:

1. Words importing the singular include the plural;

2. Words importing the plural include the singular;

3. Words importing the masculine gender include the feminine.

W. "VFR" means visual flight rules covering meteorological conditions, above those requiring flight under IFR conditions.

X. "Ultralight aircraft" means a very light aircraft, such as a hang glider, to which is attached a motor for aiding the flight of the aircraft. (Ord. 766 §2, 1981; Ord. 705 §1(part), 1980).

12.44.050 Necessity.

This chapter is enacted to protect the health, safety and peace, and to promote the welfare and convenience of the general public using Westover Field, or affected by activities related to the airport by providing for the orderly conduct of activities on, or related to, the airport. (Ord. 705 §1(part), 1980).

12.44.060 Based aircraft.

Any person desiring to store or base his aircraft at Westover Field shall register his aircraft at the Westover Field office prior to beginning such storage or operations, and at any time that a change in ownership occurs. The use of the airport or any of its facilities in any manner shall create an obligation on the part of the user to obey all of the rules and regulations provided in this chapter. (Ord. 705 §1(part), 1980).

12.44.070 Commercial activity.

No person shall utilize the Westover Field for any revenue producing commercial activities without first obtaining a permit from the airport manager for such activities and paying the fees and charges established for such use. The airport manager shall establish, and maintain available for examination upon request, a schedule of fees and charges for the use of the airport and its facilities. Any aircraft owner who fails to pay any fee duly charged for aircraft owned or controlled by him shall have such aircraft subject to impounding until the fees are paid, along with any impound fees, or until the aircraft is sold for charges. (Ord. 705 §1(part), 1980).

12.44.080 Aircraft storage and parking.

Aircraft shall only be stored or parked at places designated by the airport manager and such storage or parking shall be at the sole risk of the owner or operator of the aircraft, and without any responsibility of the county, or any of its officers or employees, for any loss of, or damage to the aircraft while so stored or parked. The owner or operator of the aircraft shall be responsible for the tying-down and securing of his aircraft. He shall likewise be responsible for any liability arising from or caused by his aircraft or his activities. Transient aircraft shall only be parked in the area designated by the airport manager. (Ord. 705 §1(part), 1980).

12.44.090 Hours of operation.

The Westover Field shall be open for public use at all hours of the day and night, subject to any restrictions imposed by the airport manager due to inclement weather, the condition of the landing area, the presentation of special events, construction or repair activities or similar causes. The airport is attended from eight a.m. to five p.m. daily, and services maybe obtained at other times by contacting the airport manager at telephone number 274-4261. (Ord. 705 §1(part), 1980).

12.44.100 Unattended aircraft.

No aircraft shall be left unattended on the airport unless properly secured or within a hangar. Owners of aircraft or property resulting from the failure to adequately secure or tie down the aircraft. (Ord. 705 §1(part), 1980).

12.44.110 Maintenance.

Unless otherwise authorized by the airport manager, no aircraft or vehicle maintenance (other than required to remove damaged aircraft from the runway(s) or taxiway(s), or replacing a flat tire) shall be performed at Westover Field except in areas specifically designated by the airport manager for that purpose. Engine run-ups not incidental to takeoff or landing, shall not be conducted between the hours of nine p.m. to six a.m. (Ord. 705 §1(part), 1980).

12.44.120 (Reserved).

(Ord. 705 §1(part), 1980).

12.44.130 Accidents.

Every person involved in, or witnessing an aircraft accident on the airport shall report promptly the details of such accident to the airport manager, to the FAA and to local law enforcement personnel, as required by law. In addition, the pilot or aircraft owner shall report fully to the California Division of Aeronautics the details on any accident in which there is death or injury, or in which damage to the property of others exceeds four hundred dollars. The owner and/or pilot of an aircraft which is damaged in an accident, or wrecked, shall be responsible for the prompt removal of the aircraft as directed by the airport manager. Where the pilot or owner is unable to arrange for removal of such disabled or wrecked aircraft, the airport manager shall have the authority to move, or arrange the removal of, the aircraft when released (if applicable) by the FAA or the National Transportation Safety Board (NTSB). No liability shall be incurred by the airport manager or others for damage aggravated by, or resulting from, such removal. (Ord. 705 §1(part), 1980).

12.44.140 Noise.

No person shall operate any aircraft in flight or on the ground in such manner as to cause unnecessary noise as determined by applicable federal or state or local laws and regulations. (Ord. 705 §1(part), 1980).

12.44.150 Restricted areas.

No person shall enter any restricted area which is posted or closed to the public except: (A) persons duly authorized by the airport manager, or (B) law enforcement or firefighting personnel. (Ord. 705 §1(part), 1980).

12.44.160 Animals.

No person shall wilfully and knowingly permit any animal owned, possessed, or harbored by him to enter the airport unless the animal is leashed or restricted in such manner as to be under control, or is in a shipping container, or is otherwise under physical restraint. Nor shall he permit such animal except a Seeing-Eye dog, to enter any airport building. (Ord. 705 §1(part), 1980).

12.44.170 Access to runways.

No person shall enter upon any runway or runway enclosure, of Westover Field, except in an aircraft, without the express consent of the airport manager or his designated representative. (Ord. 705 §1(part), 1980).

12.44.180 Starting engines.

No person shall start any aircraft engine at Westover Field:

A. Unless a competent operator is at the controls; and

B. Unless the aircraft is equipped with adequate brakes fully applied or the wheels are securely blocked with blocks or chocks that can be removed safely; and/or

C. When the aircraft is in such a position that the propeller slipstream or jet blast can cause damage to, or interfere with the operation of, other aircraft, vehicles, mobile equipment, hangars, shops, other buildings, or can cause injury to passengers, spectators, or other personnel. (Ord. 705 §1(part), 1980).

12.44.190 Taxiing.

No person shall taxi any aircraft into, out of, or within any hangar or other building on or adjacent to the airport. Nor shall any person move any air craft under its own power on the airport unless he is in full control of such aircraft, and has assured himself that there is no danger of collision with other aircraft, vehicles, equipment, buildings or other obstacles. Aircraft shall be taxied at a safe speed, not to exceed fifteen miles per hour. (Ord. 705 §1(part), 1980).

12.44.200 Dumping refuse.

No person shall place, deposit, or dump any garbage, cans, bottles, papers, ashes, sewage, carcass of any dead animal, offal, trash, rubbish, debris, or any other refuse in any location on the airport except in containers plainly marked for such purposes. (Ord. 705 §1(part), 1980).

12.44.210 Firearms.

No person shall shoot any projectile from a firearm or other device, into, on, or across any portion of the airport, nor have in his possession, or under his control, any firearm which is not unloaded and securely wrapped and boxed for shipment, or explosive or explosive device; provided, however, that this section does not apply to peace officers or military personnel who are acting in the performance of their duties as such. (Ord. 705 §1(part), 1980).

12.44.225 Minimum flight altitudes--Noise abatement.

In order to abate excessive noise, except for aircraft either departing from or approaching Westover Field for landing, no aircraft shall fly at an altitude below the minimum height above ground authorized by applicable Federal Aviation Administration regulations or other federal laws or regulations. (Ord. 1161 §1, 1988).

12.44.220 Traffic pattern.

Except where the airport manager has delegated authority for air traffic control to FAA Air Traffic Control personnel, every aircraft before landing and after takeoff shall be flown in accordance with the traffic pattern illustrated on the diagram attached to Ordinance 705 as Exhibit "A," and made a part of this chapter by reference. Aircraft traveling faster than one hundred twenty-five miles per hour shall be flown using the outside pattern shown on Exhibit "A." (Ord. 705 §1(part), 1980).

12.44.230 Takeoffs and landings.

A. No aeronautical activity shall be conducted at Westover Field (or within the airport traffic area) except in conformance with current Federal Air Regulations, State of California law and regulations, and this chapter.

B. All initial takeoffs shall commence at the end of the runway (unless cleared by the airport manager, or by ATC if authorized by the airport manager).

C. Touch-and-go landings shall be permitted only after the pilot has received approval from the airport manager or from FAA ATC if delegated by the airport manager to approve touch-and-go landings.

D. The following aircraft are prohibited from operating at Westover Field except in emergency situations:

1. Jet-powered aircraft must have prior approval of the airport manager to land at Westover Field.

2. No hot air balloons or hang gliders may operate at Westover Field. (Ord. 705 §1(part), 1980).

12.44.240 Aircraft fueling and defueling.

A. No aircraft shall be fueled or defueled while the aircraft engine is running ("hot fueling"), or while the aircraft is in a hangar or other enclosed space; provided, however, for aircraft engaged in emergency operations (including but not limited to air ambulance or fire suppression), the general services director, or his or her designee, may authorize hot fueling only if the hot fueling will be accomplished through the use of a fuel truck. Any authorization for hot fueling pursuant to this subsection shall be approved in writing, and shall be subject to written conditions or restrictions imposed by the general services director, or his or her designee.

B. No smoking shall be permitted within fifty feet of the aircraft or fuel truck while the aircraft is being fueled or defueled.

C. During fuel handling, no passenger shall be permitted in or on the aircraft (unless a cabin attendant is stationed at or near the cabin door).

D. All hoses, funnels and appurtenances used in fueling or defueling activities shall be equipped properly with a grounding device to prevent possible static ignition of volatile liquids. Such grounding devices shall be used during all fueling and defueling activities.

E. During fuel handling activities, no person shall operate any radio transmitter or receiver, nor switch electrical appliances on or off in such aircraft, or in the immediate vicinity (fifty feet) thereof.

F. Every person engaged in aircraft fuel handling shall exercise due care to prevent the overflow or spilling of fuel.

G. During fuel handling, no person shall use any material or device which is likely to cause a static spark, within fifty feet of such aircraft or fuel truck.

H. Where there has been a fuel spill or leak, no person shall start the engine of any aircraft in close proximity until the spill or leak has been washed away. In event of such spills or leaks, the airport manager shall be notified.

I. Fuel hoses and draining or defueling equipment shall be maintained in a safe, sound, and nonleaking condition. (Ord. 1689 §1, 2009).

12.44.245 Flying of ultralight vehicles.

A. Requirements for nongovernmental registered aircraft, including ultralight vehicles, operation from Westover Field:

1. It is recommended that ultralight operators have a training completion certificate issued by the U.S. Ultralight Association;

2. Must have the same insurance coverage as required for aircraft based at Westover Field;

3. Must meet all the requirements of FAA Part 103-Ultralight Vehicles;

4. No solo ultralight flight instruction will be conducted from the airport and duel flight instruction must have an exemption certificate from Part 103 issued by the FAA;

5. It is recommended that all ultralights operating from the airport should have a VHF radio receiver operating to listen to aircraft in the airport traffic pattern;

6. Operators of ultralights will ensure their vehicle is in good material condition and meets all of the manufacturer’s specifications.

B. Operational procedures at Westover Field in addition to FAA Part 103, subpart B--Operating Rules:

1. The vehicle will be prepared and inspected for flight by the operator prior to each flight.

2. Taxiing on the airport will be at "walking speed."

3. All ultralight takeoffs and landings will be on the runway using a right-hand traffic pattern, conforming to the runway set by the current airplane traffic and wind conditions. The maximum altitude for ultralight traffic pattern will be five hundred feet above the airport (two thousand four hundred feet msl).

4. Ultralights must give way to all aircraft. (Ord. 1365 §1, 1994: Ord. 766 §1, 1981).

12.44.250 Vehicle operations.

A. No person shall travel on any portion of the airport except upon the roads, walks or places provided for the particular class of traffic, nor occupy the roads or walks in such manner as to hinder or obstruct their proper use.

B. Motor vehicle traffic shall yield the right-of-way to aircraft.

C. Every vehicle operating within, in, or on the runways, taxiways, ramps or aircraft parking or tiedown areas shall be painted, marked, or lighted as directed by the airport manager, and/or shall display an orange and white checkered flag not less than three feet square.

D. Any accident involving a motor vehicle, which results in a fatality or an injury, or in property damage, shall be reported by the driver to the airport manager.

E. No person shall operate any motor vehicle on the airport in excess of twenty miles per hour (except emergency vehicles responding to an emergency situation). On passenger loading ramps, in aircraft parking lots, and in areas immediately adjacent to hangars, speed shall not exceed ten miles per hour. The speed limit on the airport access road from Highway 49 shall be twenty-five miles per hour.

F. Vehicles shall not be parked on the airport other than in the manner and locations indicated by posted traffic signs and markings.

G. Vehicles that are to be left unattended may be parked only in designated airport vehicle parking lots.

H. Vehicles parked other than specified in subsections F and G of this section may be moved by airport personnel, and in such event a towing charge will be levied prior to releasing the vehicle from impound. No liability for damages sustained by such vehicles during said movement will be assumed by the county or any of its officers or employees.

I. Motor vehicles shall not be driven on or across runways or other portions of aircraft operating areas without clearance from the airport manager or from ATC to do so.

Except where adequate control may be maintained by light signals, two-way radio communications shall be required between the ATC tower and such vehicles. Exceptions may be granted during maintenance activities as long as two-way communications control is maintained with at least one vehicle controlling the activity.

J. Motor vehicles shall not be driven or parked upon, or with fifty feet of aircraft parking areas, ramp areas, or aprons without express approval of the airport manager. Exceptions: airport maintenance or emergency vehicles, or fuel or service vehicles.

K. No person may operate a motor vehicle or aircraft in or on any portion of the airport while under the influence of intoxicating liquor or drugs. (Ord. 705 §1(part), 1980).

12.44.260 Fire hazards.

A. No person shall light or smoke any cigarette, cigar, pipe, or similar object in the following airport areas:

1. Within any hangar or fuel handling or storage areas;

2. Within or upon any aircraft parking area or ramp;

3. Inside any aircraft (whether or not such aircraft are parked or stored) or within fifty feet thereof;

4. Within fifty feet of any "No Smoking" sign posted.

B. No person may use flammable liquids, solvents, or substances to clean any aircraft, engine, part, or accessory thereof within any hangar or building except a building specially designed for that purpose and approved in writing by the airport manager. Such approval shall only be granted when the airport manager approves the ventilation provisions, fireproofing, and fire-extinguishing equipment.

C. No person shall light or use any open flame for any purpose in any hangar or other building on the airport without the prior written consent of the airport manager.

D. No person shall operate any electric or gas welding or cutting equipment anywhere on the airport without prior written approval of the airport manager and the county fire warden.

E. No person shall clean or degrease any aircraft or part thereof except at or in a maintenance station properly equipped for such purposes, or in a space designated or authorized by the airport manager.

F. No person shall store or stock any material or substance or permit such activities in or on the airport in such a manner, or of such nature, as to constitute a fire hazard. And no person shall keep, store or discard any flammable liquid, gas, signal flare, or other flammable material in any hangar, shop, building, room, enclosure, or other place on the airport except in areas specially designated by the airport manager for such purpose.

G. Lessees of hangars, shops, or other airport areas shall provide suitable metal receptacles with hinged lids for the storage of oily waste, rags, and other similar rubbish. All such materials shall be removed by the lessee at frequent intervals.

H. Every lessee shall maintain his leased area clean and reasonably free of oil, grease, water, other flammable materials and weeds.

I. Lessees shall provide, and maintain in proper working order, adequate and readily accessible fire extinguishers. Each such extinguisher shall bear a suitable tag which indicates the most recent date of inspection or servicing. Extinguishers shall be approved by the county fire warden if they meet the requirements of the fire warden. (Ord. 705 §1(part), 1980).

12.44.270 Fuel sales.

No person shall deliver aviation fuels or lubricants to, or dispense such fuel from, at, or upon the airport without a permit from the airport manager.

For the right, privilege and concession of making deliveries of all types of aviation fuels and lubricants, and other fuels, to any person or location at or upon the airport, other than to a central fuel service stand provided by the airport, there is levied against such permit holder, a gallonage charge to be determined by contract. The maximum retail price per gallon of fuel dispensed at the airport shall not exceed that established in the terms or the contract. No fuel shall be stored anywhere on the airport except in underground tanks, or such other tanks as may be approved by the airport manager. (Ord. 705 §1(part), 1980).

12.44.280 Liability insurance.

Each aircraft based at Westover Field must be covered by bodily injury liability insurance with a minimum limit of one hundred thousand dollars per person, three hundred thousand dollars per incident and property damage liability with a minimum limit of one hundred thousand dollars. (Ord. 705 §1(part), 1980).

12.44.290 Illegal activities.

No person shall:

A. Take or use any aircraft, aircraft parts, instruments, or tools pertaining thereto, which are owned, controlled, or operated by any other person, while such aircraft, parts, instruments, or tools are stored or otherwise left at Westover Field, or within its hangars, buildings, or facilities, without the written consent of the owner/operator thereof, except upon satisfactory evidence of the right to do so duly presented to the airport manager, or authorized by him, or so ordered by a court of competent jurisdiction;

B. Land, take off, taxi, or otherwise operate any aircraft on, at, or from Westover Field when he knows such aircraft is not operating properly, or is equipped with any part or safety device which is defective or unsafe. Deviations from this restriction shall only be permitted-by specific authorization from the airport manager or his designated representative. Nor shall any aircraft be operated on or at the airport, or on any runway thereof, when the airport or runway has been closed to traffic by the airport manager or other legal authority, and such closure has been indicated by the placement of an "X" at each end of the closed runway;

C. Operate any aircraft (or vehicle) on, at, or in the vicinity (three statute miles) of Westover Field in wilfull or wanton disregard for the safety of persons or property, whether his own or that of others;

D. Engage in the performance of any aerobatics, stunt, maneuver not necessary to a normal takeoff, landing, normal turn or level flight of the aircraft, over or within one mile of the exterior boundaries of the airport;

E. Engage in the sale of any goods, wares, merchandise, or services at or upon the airport without first having secured from the airport manager a permit therefor, and paying any required fees for such permit. (Ord. 705 §1(part), 1980).

12.44.300 Airport closure.

The airport manager is directed and authorized to close the airport, or portions thereof, or suspend operations related to the landing, take off, or taxiing of aircraft during any period in which he determines that such operations, or their continuance, would be hazardous. Causes for such closure could include, but not be limited to, adverse weather conditions, runway maintenance or repairs, runway obstacles, fire, aircraft or other accident. Any such closure shall be effective only during such time as there is placed a t each end of each runway so closed, a letter "X," the arms of which are at least twenty feet long and two feet wide, and so colored as to contrast with the background or other surface. The airport manager shall immediately notify the Sacramento Flight Service Station and FAA facility and issue a Notice to Airmen (NOTAM), advising of the closure. (Ord. 705 §1(part), 1980).

12.44.310 Severability.

Should any article, section, subsection, sentence, clause or phrase of this chapter be held invalid or unconstitutional for any reason, such decision shall not affect the remaining portions of the chapter. The board of supervisors declares that it would have adopted this chapter and each article, section, subsection, sentence, clause or phrase, regardless of the fact that any one or more articles, sections, subsections, sentences, clauses, or phrases be declared invalid or unconstitutional. (Ord. 705 §1(part), 1980).

12.44.320 Violation--Penalties.

Except as provided below in this section, violation of any of the provisions of this chapter shall be an infraction, and each such person shall be deemed guilty of a separate offense for each and every instance where any violation of any of the provisions of this chapter is committed, continued, or permitted, and upon conviction of such violation such person is punishable by a fine of not more than fifty dollars per violation, for up to and including the first three violations of this chapter in one year. Subsequent violations shall be a misdemeanor, punishable by a fine of not more than five hundred dollars, or imprisonment for not more than ninety days, or by both such fine and imprisonment. (Ord. 1161 §2(part), 1988).

12.44.330 Administration and enforcement.

It shall be the duty of the person or persons designated by the board of supervisors to administer and enforce the provisions of this chapter. Such person(s) is/are authorized, in enforcing the provisions of this title, to arrest and to issue notices to appear in lieu of arrest (citations), after investigation of complaints regarding, for violations of any of the titles and sections referenced in this chapter pursuant to the authority granted by California Penal Code Sections 836.5 and 853.6. (Ord. 1161 §2(part), 1988).