Chapter 12.24 MUNICIPAL AIRPORT

There is hereby created and established in the government of the city a department to be known and designated as airport department which shall be operated and conducted under the authority of the city council as hereinafter provided. (Ord. 187 N.S. § 1, 1961)

12.24.030 Airport department—Purpose.

The object and purpose of this department is to provide a public airport at or near the city for the benefit and use of the general public. (Ord. 187 N.S. § 2, 1961)

12.24.040 Management—Administrative authority.

The city council reserves the right to determine the manner in which the airport will be managed and maintained. It may create an airport advisory body to assist it in planning and policy development. The city manager shall be responsible for airport administration, and to the council for giving direction to airport management and maintenance activity. A special airport development and maintenance fund may be established with suitable regulation. (Ord. 385-83 § 12 (part), 1983; Ord. 187-A-1977 § 2, 1977)

12.24.050 Commission—Membership—Appointment and organization procedure.

A. The city council may appoint an airport commission. The airport commission shall consist of five persons. Four of the persons shall be residents of the city or the Cloverdale area.

B. One member of the commission shall be a member of the city council to be appointed by the city council annually in April of each year.

C. Of the members first appointed, two shall be appointed for a term of three years and two shall be appointed for a term of two years. Their successors shall be appointed for a term of three years. If a vacancy shall occur other than by expiration of a term, it shall be filled by appointment for the unexpired portion of the term. Each member shall serve until his successor is appointed and qualified.

D. The commission shall elect a chairman, vice-chairman and the secretary from among the appointed members.

E. All members of the commission shall serve without compensation.

F. Except for the council members, the other members’ terms shall commence on July 1st.

G. A majority of the members of the airport commission shall constitute a quorum for the transaction of business. (Ord. 252 N.S. § 1, 1968: Ord. 187 N.S. § 3, 1961)

12.24.060 Commission—Powers and duties.

The airport commission shall be and constitute an advisory committee and a policy making body to provide guidance to the city council of the city incident to the construction, operation and maintenance of a local airport and the airport commission shall:

A. Adopt rules for the transaction of business;

B. Keep a record of its official actions;

C. Make reports, monthly, and to the city council;

D. Hold regular monthly meetings, and hold special meetings at the call of the chairman;

E. Provide advice and assistance to the city council and recommend the policy and operation of the Cloverdale airport, to the city council. (Ord. 187 N.S. § 4, 1961)

12.24.070 Commission—Operation and expenses.

A. A member of the airport commission may be removed by a majority vote of the city council.

B. The city council shall provide the funds, equipment and accommodations necessary for the work of the airport commission.

C. Each member of the airport commission shall receive the actual and necessary expenses incurred by him in the performance of his duties. (Ord. 187 N.S. § 5, 1961)

12.24.080 Fund established.

A. There is hereby created and established a special fund for the reception and disbursement of money to provide for the construction, operation and maintenance of the Cloverdale Airport and airport department and the department shall be operated and conducted under the authority of the city council of the city.

B. Claims against the airport fund shall be prepared, presented, audited and allowed or disallowed by the city council in the same manner and within the periods of time specified in the laws of the state of California for the preparation, presenting, auditing and allowance of claims against the city and paid for out of city funds. (Ord. 187 N.S. § 6, 1961)

12.24.090 Operation as public facility.

The Cloverdale Airport shall be operated as a public air terminal facility without substantial restriction to general or commercial aviation activities, but with sufficient regulation and control to ensure that public health and safety are not jeopardized and that public property and funds are safeguarded. (Ord. 187-A-1977 § 1, 1977)

12.24.100 Service and use fees.

Fees and charges for services and uses established prior to the effective date of the ordinance codified in this chapter shall remain in effect until changed by resolution of the city council. (Ord. 187-A-1977 § 5, 1977)

12.24.110 Rules and regulations—Council authority.

The city council may adopt rules and regulations by resolution from time to time to regulate and control practices which may unfairly discriminate, to provide for approach zone protection, height limitations, noise control, to enact ground rules, flight rules not in conflict with federal law, to encourage the establishment of commercial and service uses and facilities, to provide for and regulate the conduct of special events connected with aviation, the levy of fees and penalties, and such other rules and regulations as are necessary and convenient for the efficient and lawful management and control of the airport area. (Ord. 187-A1977 § 3, 1977)

12.24.120 Rules and regulations—Observance required.

All persons who use the airport and operate aircraft in and about the airport shall observe all rules and regulations lawfully adopted by the city council, and observe the lawful directions of any agent or official of the city authorized to carry out such rules and regulations. Failure to do so shall constitute grounds for exclusion of an offender from use of the airport facilities and privileges connected therewith. (Ord. 187-A1977 § 6, 1977)

12.24.130 Special uses—Council authority.

The city council shall be the sole authority for approving special services, uses, activities or events at the airport consistent with existing agreements, federal and state regulations, the advice of the advisory group and the city manager. (Ord. 385-83 § 12 (part), 1983; Ord. 187A1977 § 4, 1977)

Article II. Operation

12.24.140 Definitions. As used in this chapter:

“Aircraft” means and includes any and all contrivances hereinafter used for the navigation of or flight in air or space, including, but not limited to, airplanes, airships, dirigibles, helicopters, gliders, amphibians, and seaplanes.

“Airport” means the Cloverdale Municipal Airport located in the county of Sonoma, California.

“Based aircraft” means any aircraft assigned a reserved parking space, tie-down, or hangar space, whether or not such assignment is made under written lease with the city.

“City” means the city of Cloverdale, California.

“Council” means the city council of the city of Cloverdale.

“FAA” means the Federal Aviation Administration of the United States of America, as defined in the Federal Aviation Act of 1958, or any subsequent and successor body to that agency created for the control and operation of aviation and its related functions.

“Owner” means the registered or legal owner of an aircraft according to the records of the FAA.

“Person” means individuals, firms, companies, corporations, and public agencies.

“Restricted area” means any portion of the airport not intended for use by the general public and so posted by the city.

“Rules and regulations” means the provisions contained herein and such other regulations as are adopted by the council.

“Vehicle” means every self-propelled ground vehicle capable of being used on a street or roadway. (Ord. 356-1979 §§ 1.1—1.11, 1979)

12.24.150 Regulations applicable.

All persons using the airport shall be subject to, and governed by, these rules and regulations, all city ordinances and resolutions, all county ordinances and resolutions, state and federal laws, and FAA regulations. (Ord. 356-1979 § 2.1, 1979)

12.24.160 Hours of operation.

The airport shall be open for public use at all hours of the day and night subject to the rules and regulations set forth herein, and subject to such restrictions due to inclement weather, or the condition of the landing area, as may be determined by the city. (Ord. 356-1979 § 2.2, 1979)

12.24.170 Use conditions—Liability limitations.

A. The privilege of using the airport and its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof and he shall release, hold harmless, and indemnify the city, its officers and employees from such use as well as against claims of third persons against the person using the airport.

B. No persons shall obstruct, impair, or unreasonably interfere with the use of the airport by any other person, or obstruct, impair or unreasonably interfere with the passage or safe, orderly and efficient use of the airport by any other person, vehicle or aircraft. (Ord. 356-1979 § 2.3, 1979)

12.24.180 Business or commercial activity—Permit required.

No person shall engage in any business or commercial activity at the airport without the prior written permission of the city. Such business or commercial activity shall include, but not be limited to, any solicitation of data or statistical information; any advertisement or promotion of goods and services; any offer to sell, rent or lease goods or services; any offer to buy, rent or lease goods or services directed to the public, whether by a profitable, nonprofitable or charitable organization. (Ord. 356-1979 § 2.4, 1979)

12.24.190 Animal restrictions.

No person shall enter the landing area with any animal. Animals may be permitted in other areas of the airport, if restrained by a leash or confined in such a manner as to be under control. (Ord. 356-1979 § 2.5, 1979)

12.24.200 Accident reports required.

No person involved in any accident at the airport which results in damage to persons or property shall fail to report promptly such occurrence to the city. (Ord. 356-1979 § 2.6, 1979)

12.24.210 Restricted areas—Entry restrictions.

No person shall enter any portion of the airport designated a restricted area unless authorized to do so by the airport manager. (Ord. 356-1979 § 2.7, 1979)

12.24.220 Firearms and explosives.

No person except peace officers, duly authorized government employees, or members of the armed forces of the United States, when such person is on official duty which authorizes the possession of a firearm, shall carry or possess any firearm, explosive, or inflammable material on the airport. This section shall not apply to persons carrying firearms in cases, broken down, or unloaded when the firearms are being transported for the purpose of sale, demonstration, hunting, or other sport activities. (Ord. 356-1979 § 2.8, 1979)

12.24.230 Advertisements and signs prohibited when.

No person shall post, distribute, or display signs, advertisements, circulars, or any other printed or written matter at the airport, except as authorized in writing by the city. (Ord. 356-1979 § 2.9, 1979)

12.24.240 Solicitation—Permission required.

No person shall solicit fares, contributions or funds for any purpose on the airport without the permission of the city. (Ord. 356-1979 § 2.10, 1979)

12.24.250 Disposal of refuse.

No person shall dispose of garbage, papers, refuse, or other material on the airport except in receptacles provided for that purpose. (Ord. 356-1979 § 2.11, 1979)

12.24.260 Commercial photography restrictions.

No person, except representatives of the press on duty or during official assignment, shall take still, motion or sound pictures for commercial purposes on the airport without permission of the city. (Ord. 356-1979 § 2.12, 1979)

12.24.270 Motor vehicles—Operation.

A. Every person who operates any motor vehicle or mobile equipment on the airport shall comply with all applicable provisions of the laws of the state of California and any special regulations prescribed herein for the control of such vehicles excepting cases of emergency involving life or property.

B. Parking Regulations. The city shall designate by appropriate posting:

1. Places where vehicles may or may not be parked in public parking areas;

2. The period of time for which vehicles may be parked in any place;

3. The city shall be authorized to remove any vehicle parked on any roadway, parking area, or other posted area of the airport in violation of this chapter, and to impound the same at owner’s expense and without liability to city for damages which may result from, or in the course of, such moving.

C. Control and Speed. All motor vehicles and mobile equipment shall be operated under the safe control of the driver at all times in consideration of existing traffic and road conditions and in no case faster than twenty miles per hour.

D. Right-of-Way to Aircraft. All vehicles except emergency vehicles engaged in emergency activity shall at all times yield right-of-way to any and all aircraft. (Ord. 356-1979 §§ 3.1-3.4,1979)

12.24.280 Fire prevention.

A. The airport shall be governed by the regulation of the California State Department of Forestry within whose jurisdiction the airport lies except where specifically directed by these rules and regulations.

B. Fire Equipment. No persons shall remove or cause to be removed from its holder, container, reel, or bracket any equipment or device used in fire prevention except in the case of emergency or fire.

C. Storage. No person shall store or stock materials or equipment so as to constitute a fire hazard. (Ord. 356-1979 §§ 4.1-4.3, 1979)

12.24.290 Federal air regulations applicable.

No aeronautical activity shall be conducted at the airport except in conformance with current Federal Air Regulations. Low flying within the traffic pattern is prohibited except in emergencies or when necessary to climb to the designated pattern altitude or descend to a landing. Except in an emergency, no turn shall be made after takeoff until the airport boundary has been reached and the pilot has attained an altitude of at least five hundred feet and has ascertained that there will be no danger of turning into the path of a following aircraft. Aircraft leaving the pattern shall make a forty-five degree turn away from the airport after completing the first turn to the crosswind leg. Aircraft entering the pattern shall enter at a forty-five degree angle to the downwind leg. (Ord. 356-1979 § 5.1, 1979)

12.24.300 Takeoff and landing.

All takeoffs and landings shall be made at a safe distance from other aircraft and only on the runway in use as indicated by the wind tetrahedron. (Ord. 356-1979 § 5.2, 1979)

12.24.310 Taxiing of aircraft.

Aircraft shall be taxied at all times at a slow and reasonable speed, in a safe manner, and under control of a licensed aircraft operator. All aircraft operators shall taxi at their own discretion. (Ord. 356-1979 § 5.3, 1979)

12.24.320 Engine starting and runups.

Engines shall not be operated in such a manner as to constitute a danger to persons or property. Hand-cranking of aircraft engines is prohibited except when the design of the aircraft is such that this is the only method of starting. When hand-cranking is necessary, a licensed pilot or mechanic shall be at the controls at all times and the wheels shall be chocked. (Ord. 356-1979 § 5.4, 1979)

12.24.330 Unattended aircraft prohibited.

No aircraft shall be unattended on the airport unless properly secured in a tie-down or within a hangar. Owners of aircraft shall be responsible for damage resulting from failure to comply with this section. (Ord. 356-1979 § 5.5, 1979)

12.24.340 Disposal of disabled aircraft required.

Aircraft owners, their agents, and pilots shall be responsible for prompt disposal of disabled aircraft and their parts, unless required or directed to delay this action pending investigation of an accident. (Ord. 356-1979 § 5.6, 1979)

12.24.350 Fueling—Running engine prohibited.

No aircraft shall be fueled or defueled while engines are running or while such aircraft is in a hangar or enclosed space. (Ord. 356-1979 § 6.1, 1979)

12.24.360 Fueling—Smoking restrictions.

No smoking shall be permitted within fifty feet of the aircraft fuel tanks while the aircraft is being fueled or defueled or within fifty feet of any fuel carrier utilized for fueling or defueling of aircraft. (Ord. 356-1979 § 6.2, 1979)

12.24.370 Fueling—Overflow prevention.

Persons engaged in the fueling or defueling of aircraft shall exercise all caution to prevent spillage of fuel, including the filling of tanks to the point where they would overflow from heat expansion. (Ord. 356-1979 § 6.3, 1979)

12.24.380 Fueling—Static spark material prohibited.

No person shall use any material likely to cause a static discharge during fueling or defueling of aircraft. (Ord. 356-1979 § 6.4, 1979)

12.24.390 Fueling—Fire extinguishers required.

Adequate fire extinguishers shall be within ready reach of persons engaged in fueling and defueling operations at all times. (Ord. 356-1979 § 6.5, 1979)

12.24.400 Starting engines prohibited when.

No person shall start the engine of any aircraft when there is gasoline on the ground under the aircraft. (Ord. 356-1979 § 6.6, 1979)

12.24.410 Maintenance of fueling equipment.

Fueling hoses and defueling equipment shall be maintained in a safe, sound and nonleaking condition at all times. (Ord. 356-1979 § 6.7, 1979)

12.24.420 Fueling—Grounding devices required.

All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a ground device to prevent ignition of volatile liquids, and no fueling or defueling operations may be conducted without the proper connection of this device to the aircraft and an adequate electrical ground. (Ord. 356-1979 § 6.8, 1979)

12.24.430 Fee schedule.

The schedule of fees, rates and charges for use of the airport area shall be established from time to time by resolution of the council. The fees, rates and charges to be in effect from the effective date of such resolution. (Ord. 356-1979 § 6.9, 1979)

12.24.440 Violation—Penalty.

Any person violating this chapter shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than five hundred dollars. (Ord. 356-1979 § 7.1, 1979)