CHAPTER 110
Airport Commercial Business
Section
General Provisions
110.05 Adoption of standards, rules and regulations
110.06 Rates, charges, taxes and assessments
110.07 Utility and service charges
110.09 Laws, ordinances and regulations
110.11 Subleases and sublets prohibited
110.16 Revocation of approval or agreement
GENERAL PROVISIONS
110.01 PURPOSE AND INTENT.
(A) The minimum standards for commercial activity, operation or service hereinafter set forth herein or adopted by the Authority are intended to promote in a reasonable manner the best interest of the public concerning the competent and qualified operation of the Hermiston Municipal Airport.
(B) This chapter and any standards, rules or regulations adopted by the Authority shall be administered in accordance with all applicable federal and State of Oregon laws and regulations, including but not limited to Section 308 of the Federal Aviation Act of 1958, as amended; Title VI, of the Civil Rights Act of 1964; Part 21, of Department of Transportation Regulations; FAA Advisory Circular, 150/5190-7, dated August 28, 2006; and FAA Advisory Circular 150/5190-6, dated January 1, 2007 as they may be amended or superseded.
(C) The provisions of this chapter and any standards, rules or regulations adopted hereunder shall be uniformly applied to the extent required by law. Commercial users and lessees shall receive access to and the use and availability of airport property on fair and reasonable terms without discrimination to the extent required by law.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21)
110.02 DEFINITIONS.
For the purpose of this chapter and any adopted standards, rules or regulations, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AIRPORT. The Hermiston City Airport, and all property and facilities associated therewith.
AIRPORT ADVISORY BOARD. The Board appointed by the City Council pursuant to §§ 32.12 to 32.15.
AIRPORT TENANT. Any person renting or leasing property at the Hermiston Airport.
AUTHORITY. The City Council of the City of Hermiston, or a person or body designated by the City Council to serve as the Authority. The Authority may designate a person to act as its designee in the administration and enforcement of this chapter.
AUTHORIZED OPERATOR. A person, other than a fixed base operator, authorized to engage in specified commercial activity at the Hermiston Airport, subject to the terms of the authorization and the standards, rules and regulations.
FIXED BASE OPERATOR (FBO). A person authorized to provide specified aeronautical services, subject to the terms of the authorization and the standards, rules and regulations.
(Ord. 2327, passed 8-9-21)
110.03 WAIVER PROVISIONS.
(A) The Authority may, in its discretion, waive any portion of a standard rules or regulations for the benefit of a licensed commercial airline, any governmental agency, or a person performing nonprofit public service performing air search and rescue operations, or engaging in firefighting operations to the extent permitted by law and FAA guidelines.
(B) The Authority may, in its discretion, waive any portion of this chapter, or any standards, rules or regulations adopted hereunder to accommodate non-aviation-related activities and developments on airport lands.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.02)
110.04 USE OF AIRPORT.
(A) No person shall conduct operations at the airport, use the airport as a base for conduct of business or otherwise provide services or goods to any person at the airport without first obtaining written approval from the Authority or its designee. Approval may include, but is not limited to, a permit, license, contract or lease.
(B) Any approval is subject to the right of the Authority to grant similar privileges to other persons when in its sole discretion the Authority deems the same to be nondiscriminatory and in the public interest.
(C) No person shall conduct operations or otherwise use the airport except in full compliance with this chapter and the standards, rules and regulations adopted hereunder, and any applicable federal, state or local laws, rules and regulations.
(D) All FBOs and authorized operators shall, at all times, conduct, operate and maintain their operations for the benefit of the public, the FBO and authorized operator. All products and services shall be made available to the public. Any charges to patrons and customers shall not be excessive or otherwise unreasonable. No person shall be discriminated against on the basis of race, color, religion (creed), gender, gender expression, age, national origin (ancestry), disability, marital status, sexual orientation, or military status or any other status protected by law.
(Ord. 2327, passed 8-9-21)
110.05 ADOPTION OF STANDARDS, RULES AND REGULATIONS.
(A) The Authority may adopt such minimum standards, rules and regulations as it deems reasonable and necessary to govern use and operation of the airport. Such standards, rules and regulations may include, but are not limited to:
(1) Facilities use contracts, leases or other binding agreements to be entered into by the Authority and governing operations and use of the airport, including limitations on the number or type of such agreements. Any such agreement shall include such terms as necessary and be subordinate to any existing or future agreement between the city and the United States as required to obtain or expend federal funds;
(2) Fees, use or lease rates and other compensation due to the city;
(3) Indemnification and insurance requirements. Unless waived pursuant to this chapter, required liability insurance shall be for amounts not less than those specified in the Oregon Tort Claims Act and shall name the city, Authority, its officers, employees and agents as additional insured;
(4) Requirements and qualifications to obtain and maintain approval to be a fixed base operator, operator, tenant or to otherwise use the airport. This includes establishing FBO and authorized operator categories authorizing and governing specific operations and services;
(5) Minimum facility standards to be provided by operators and users;
(6) Design and construction standards, which at a minimum shall comply with any applicable FAA standards and the airport layout plan or other plans adopted by the Authority;
(7) Regulation and approval of the rates or charges for activities and services which shall be reasonable and uniformly applied to users of such activities or services;
(8) Provisions for obtaining Authority approval of any assignment, sublease, transfer, or assumption of any agreement, change in business form or conveyance of any interest;
(9) Provisions governing security, access, use, maintenance and repair of airport property and airport facilities, including common areas.
(Ord. 2327, passed 8-9-21)
110.06 RATES, CHARGES, TAXES AND ASSESSMENTS.
(A) The rates and charges for any and all activities and services shall be determined by the FBOs and authorized operators, subject to the Authority, and subject, further, to the requirement that all rates or charges shall be reasonable and be equally and fairly applied to all users of the services.
(B) All FBOs, authorized operators shall, at their own expense, pay all taxes and assessments against any buildings or other structures placed on the premises by them as well as all taxes and assessments against the personal property used by them in their operations.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.03)
110.07 UTILITY AND SERVICE CHARGES.
Unless agreed otherwise, all persons pay for all lights, gas, electrical current, water, sewer charges and garbage collection charges used or incurred anywhere in or about the leased premises promptly when due.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.04) Penalty, see § 110.99
110.08 OPERATOR REQUIREMENTS.
(A) All FBOs shall be full-time, financially sound business enterprises, with adequately manned and equipped facilities, including office facilities, and shall observe normal or specifically required business hours.
(B) All operators shall maintain accurate records of their operations and shall make such records available to the Authority for inspection to evaluate compliance with the provisions governing the operator.
(C) Fixed base operators and employees shall hold required current valid certificates, permits, licenses or approvals required by any governmental body, including the FAA, and including any required air taxi permits and public utility commission certificates, and shall not utilize any pilot in any aircraft to be flown that does not have all current and valid licenses or permits.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.05) Penalty, see § 110.99
110.09 LAWS, ORDINANCES AND REGULATIONS.
All persons shall abide by and comply with all state, county and city laws and ordinances, the rules and regulations of the Authority, and the rules and regulations of the State and Federal Aviation Administration.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.06) Penalty, see § 110.99
110.10 SUBORDINATE PROVISIONS.
All licenses, agreements and leases between FBOs or authorized operators and the Authority shall be subordinate to the provisions of any existing or future agreement between the Authority or city and the United States or State of Oregon, relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal or state funds for the development or operation of the airport properties.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.07)
110.11 SUBLEASES AND SUBLETS PROHIBITED.
(A) No person shall sublease or sublet any premises leased by the person or assign any lease without the prior written approval of the Authority; and any subletting or assignment shall be subject to all of the minimum standards established by the Authority.
(B) In the event the lessee sublets any portion of a lease, the sublease must agree to assume the full obligations of the lease and must agree to fully cooperate with the Authority in prompt compliance with all applicable laws, rules, regulations or standards.
(C) Unless otherwise approved by the Authority, the lessee and sublessee shall be jointly and severally responsible for compliance.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.08)
110.12 RIGHTS IN COMMON.
FBOs and authorized operators shall have the right, in common with others authorized so to do, to use common areas of the airport, including runways, taxiways, aprons, roadways, floodlights, landing lights, signals and other conveniences for the takeoff, flying and landing of aircraft to the extent authorized by the Authority.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.09)
110.13 PUBLIC BENEFITS.
(A) FBOs and authorized operators shall, at all times, conduct, operate and maintain for the benefit of the public, the fixed base or authorized operation and parts and services thereof, will make all such services available to the public, will devote their best efforts for the accomplishment of such purposes, and will at all times make charges to patrons and customers for all merchandise or materials and services furnished or rendered, but will refrain from imposing or levying excessive or otherwise unreasonable charges or fees for any facilities or services.
(B) Notwithstanding anything contained in a lease, contract or grant of authority, that may be or appear to the contrary, it is expressly understood and agreed that the rights granted thereunder are nonexclusive, and the Authority reserves the right to grant similar privileges to another operator or operators on other parts of the airport when, in its sole discretion the Authority deems it appropriate.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.10) Penalty, see § 110.99
110.14 HAZARDOUS CONDITIONS.
The Authority is authorized to take any actions it considers necessary to protect the aerial approaches to the airport against obstructions, together with the right to prevent any fixed base operator from erecting, or permitting to be erected, any building, sign or other structure on the airport which, in the opinion of the Authority, would limit the usefulness of the airport or constitute a hazard.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.11)
110.15 FUTURE DEVELOPMENTS.
The Authority is authorized to further develop or improve all areas of the airport as it deems appropriate, without interference or hindrance from any operators.
(Ord. 1034, passed 2-14-77; Am. Ord. 2327, passed 8-9-21. Formerly 110.13)
110.16 REVOCATION OF APPROVAL OR AGREEMENT.
The Authority shall have the right to suspend, revoke or terminate any authorization, agreement or lease for violation of this chapter, the standards, rules and regulations adopted hereunder, or the terms of any authorization, approval or agreement, and further including terms of the license or lease:
(A) Filing a petition of voluntary or involuntary bankruptcy by the operator;
(B) The making by the operator or lessee of any general assignment for the benefit of creditors;
(C) The abandonment or discontinuance of any permitted operation at the airport or the failure to conduct any service, operation or activity which the person has agreed to provide. Discontinuance for a period of ten days without prior approval of the Authority may be deemed an abandonment of the authority to continue service, operation or activity;
(D) The failure to promptly pay, when due, all rents, charges, fees or other payments;
(E) The failure to remedy any default, breach or violation of this chapter and the standards, rules and regulations adopted hereunder, or the terms of an approval, authorization or agreement within 30 days after notice from the Authority. In the case of a default, breach or violation giving rise to an immediate risk of harm to public health or safety or property damage, the notice may require immediate compliance or in such period as the Authority deems appropriate;
(F) Violation of or failures to maintain current all required approvals and licenses, including FAA licenses;
(G) Supplying the Authority with materially false or misleading information, including a material omission; and
(H) Operating or allowing any employee or agent to operate an aircraft or equipment in a dangerous or hazardous manner which may endanger the public in any manner.
(Ord. 2327, passed 8-9-21)
110.17 RIGHT OF INSPECTION.
Any approval, authorization or agreement granted under this chapter is conditioned on the operator consenting to the Authority inspecting, during reasonable hours, all aircraft, structures, premises, facilities and improvements on the airport. Absent exigent circumstances, the Authority shall provide notice and opportunity for the operator to be present.
(Ord. 2327, passed 8-9-21)
110.18 ENFORCEMENT.
The Authority shall have, to the fullest extent permitted by law, the authority to enforce the terms of this chapter, any standards, rules and regulations adopted thereunder, and any approvals, agreements or leases entered into by the Authority. This includes, but is not limited to, revocation of leases or authorizations, injunctive relief, damages and enforcement proceedings.
(Ord. 2327, passed 8-9-21)
110.99 PENALTY.
Any person who violates a provision of this chapter commits a Class B violation.
(Ord. 1034, passed 2-14-77; Am. Ord. 1549, passed 12-10-84; Am. Ord. 1632, passed 6-22-87; Am. Ord. 2327, passed 8-9-21)