Chapter 2.56
MUNICIPAL AIRPORT*
Sections:
2.56.020 Airport fund—Established—Revenue.
2.56.040 Rules and regulations.
2.56.070 Civil violations/penalties.
* Prior legislation: Ords. 286 and 809.
For statutory provisions on municipal airports, see Ch. 14.09 RCW.
2.56.010 Established.
A municipal airport for the city is established, which shall be maintained and operated as provided in this chapter. (Ord. 840 § 1 (part), 2012: Ord. 820 § 1 (part), 2009: Ord. 774 § 1 (part), 2006)
2.56.020 Airport fund—Established—Revenue.
There is established a Brewster municipal airport fund. All moneys received by the city for rentals, leases, fines, and all other fees of any kind and moneys for construction shall be placed in such fund and the expense of construction, maintenance and operation (including enforcement) shall be paid therefrom, and the city council may also provide for additional revenues and moneys to be paid into such fund from time to time. (Ord. 840 § 1 (part), 2012: Ord. 820 § 1 (part), 2009: Ord. 774 § 1 (part), 2006)
2.56.030 Airport manager.
The city public works director shall serve as the airport manager. (Ord. 840 § 1 (part), 2012: Ord. 820 § 1 (part), 2009: Ord. 774 § 1 (part), 2006. Formerly 2.56.080)
2.56.040 Rules and regulations.
A. General. The rules and regulations set out in this chapter are established and adopted for the use of the Brewster municipal airport, referred to in this chapter as the airport. All persons using the airport or any facilities thereon in any manner, including the operation of aircraft (including rotorcraft) or motor vehicles, shall obey all applicable rules established, adopted, and/or incorporated herein.
B. Purpose. The airport shall be conducted as a public facility for the promotion and accommodation of general aviation.
C. When Open for Use. The airport shall be open for public use during all hours of the day and night, subject to such restrictions due to inclement weather, condition of the landing area and like causes as may be determined by the airport manager.
D. Special Services and Facilities. Special services and events may be rendered or special facilities may be provided on such terms as may be authorized by the city council.
E. Nonliability of City. Use of airport facilities shall be conditioned upon the assumption of full responsibility and risk by the user thereof, and users shall release, hold harmless and indemnify the city, the mayor, members of the city council and city officers and employees from any liability or loss resulting from such use, as well as against claims of third persons so using the airport. Use shall constitute an acknowledgement that the city maintains the airport in a governmental capacity.
F. Posting or Distribution of Advertising Material. No signs, posters or other advertising material shall be posted or distributed on airport property without prior permission of the airport manager and then only when such posting or distribution is not in conflict with city ordinances or policies.
G. Damaging of Property—Unauthorized Modification of Facilities.
1. Any person damaging any airport light, fixture, pavement, building, structure or other airport property shall immediately report such damage to the airport manager’s office in writing and shall be fully responsible for any costs required to replace or repair the damaged property.
2. No person shall modify and/or add to or otherwise change the appearance of or structural integrity of city-owned facilities unless specifically authorized by the city council, in writing, to do so.
H. Unauthorized Entry. No person shall enter unauthorized areas unless permission has been granted by the airport manager.
I. User Compliance Responsibility. It is the responsibility of all aircraft (including rotocraft) owners, operators, tenants, and users of the airport to become familiar with and adhere to the airport rules and regulations. Entering onto the airport constitutes usage.
J. Trespassers. Unauthorized persons found on city or private property shall be considered trespassers. Only authorized persons are permitted on the runways and taxiways.
K. Trash and Waste Oil Disposal.
1. Trash must be deposited in proper receptacles.
2. Waste oil must be disposed of in compliance with state law.
L. Rotorcraft (Helicopters). In addition to the rules and regulations applicable to all aircraft, the following rules and regulations shall apply to the operation of rotorcraft, also known as helicopters, at the airport:
1. Rotorcraft shall not be operated in a manner that results in swirling or blowing about of dirt, rocks, or debris onto any runway, taxiway, taxilane, or apron area at the airport. Rotorcraft shall land, take off, ground-taxi, and hover-taxi only in designated areas for these activities and where violation of this provision does not occur.
2. Rotorcraft shall not be operated in a manner that involves flying over any buildings or aircraft located at the airport.
3. Vehicles used to tow or trailer rotorcraft to and from takeoff and landing areas shall not be left in areas not designated for vehicle parking and shall be removed from aircraft parking and/or operation areas.
4. Rotorcraft shall not be operated in any area where there is less than ten feet of clearance on either side of the outer tip of each rotor (rotor tip clearance).
5. Rotorcraft shall not be operated between buildings located less than one hundred feet apart. However, in no case shall rotorcraft be operated with less clearance than recommended by FAA Advisory Circular 150/5390-2b or future revisions thereof (Table 2-2).
6. All approaches and departures of rotorcraft shall occur over the runway only. Touchdown and liftoff shall occur over the runway or other designated areas only. Rotorcraft rotors shall be operated in approved areas only.
7. Rotorcraft shall not be left unattended unless properly secured or placed in a hangar.
|
Taxiway (TW) Type |
Centerline Marking Type |
TW Edge Marking Type |
Minimum Width of Paved Area |
Lateral Separation Between TW Edge Markings |
Tip Clearance on Each Side |
Total Taxi Route Width |
|---|---|---|---|---|---|---|
|
Ground Taxiway |
Painted |
Painted |
2 x UC |
2 x UC |
10 ft. (3 m) |
1 RD plus 20 ft. (6 m) |
|
Ground Taxiway |
Painted |
Elevated |
2 x UC |
1 RD but not greater than 35 ft. (10.7 m) |
15 ft. (4.6 m) |
1 RD plus 30 ft. (9 m) |
|
Ground Taxiway |
Flush |
Flush |
Unpaved but stabilized for ground taxi |
2 x UC |
10 ft. (3 m) |
1 RD plus 20 ft. (6 m) |
|
Ground Taxiway |
Flush |
Elevated |
Unpaved but stabilized for ground taxi |
1 RD but not greater than 35 ft. (10.7 m) |
15 ft. (4.6 m) |
1 RD plus 30 ft. (9 m) |
|
Ground Taxiway |
None |
Elevated |
(2 x UC) Paved or unpaved but stabilized for ground taxi |
1 RD but not greater than 35 ft. (10.7 m) |
1/3 RD plus 10 ft. (3 m) |
RD < 35 ft. (10.7 m): 5/3 RD + 20 ft. (6 m) RD = 35 ft. (10.7 m): 78.3 ft. (23.9 m) RD > 35 ft. (10.7 m): 2/3 RD + 55 ft. (17 m) |
|
Hover Taxiway |
Painted |
Painted or Flush |
2 x UC |
2 x UC |
1/3 RD plus 10 ft. (3 m) |
RD < 35 ft. (10.7 m): 5/3 RD + 20 ft. (6 m) RD = 35 ft. (10.7 m): 78.3 ft. (23.9 m) RD > 35 ft. (10.7 m): 2/3 RD + 55 ft. (17 m) |
|
Hover Taxiway |
Flush |
Elevated |
Unpaved |
1 RD but not greater than 35 ft. (10.7 m) |
1/3 RD plus 10 ft. (3 m) |
RD < 35 ft. (10.7 m): 5/3 RD + 20 ft. (6 m) RD = 35 ft. (10.7 m): 78.3 ft (23.9 m) RD > 35 ft. (10.7 m): 2/3 RD + 55 ft. (17 m) |
|
Hover Taxiway |
None |
None |
Unpaved |
1 RD but not greater than 35 ft. (10.7 m) |
1/3 RD plus 20 ft. (6 m) |
RD < 35 ft. (10.7 m): 5/3 RD + 40 ft. (12 m) RD = 35 ft. (10.7 m): 98.4 ft. (30 m) RD > 35 ft. (10.7 m): 2/3 RD + 75 ft. (23 m) |
|
RD: rotor diameter of the design helicopter TW: taxiway UC: undercarriage length or width (whichever is greater) of the design helicopter |
||||||
M. Non-Aircraft/Rotorcraft Storage. All items other than fully functioning operational aircraft that are stored on city-owned leased property shall be located within an enclosed hangar or other approved structure, or within an approved solid fenced area. The particular type of enclosure shall take into consideration the nature of the particular item or items enclosed. An approved solid fenced area shall be at least six feet in height and may include a chain link fence with solid slats obscuring the view of items stored behind the fence. For purposes of this subsection, the term “items” shall mean and include, but not be limited to, non-operating wrecked or parted out aircraft and/or portions of aircraft, cars, trucks, tractors, semi-tractors, semi-trailers, boats, motorcycles, buses, recreational vehicles, equipment, spare parts, tools, pesticides, fertilizers, aerial applied spray products, and engines.
N. Lease of Airport Space or Property. Subject to availability, owners of aircraft (including rotorcraft) may lease lots, space(s), and/or property at the airport. Each person desiring to lease space at the airport shall execute a lease agreement in a form approved by the city council. Unless otherwise specifically set forth in the lease agreement, applicable lease fees, including rental fees, shall be set forth in a resolution passed by the city council from time to time. The city may refuse to lease lots, space, or property at the airport to any person at its discretion. (Ord. 840 § 1 (part), 2012: Ord. 825 § 1, 2010; Ord. 820 § 1 (part), 2009: Ord. 810 §§ 1, 2, 2008; Ord. 774 § 1 (part), 2006. Formerly 2.56.090)
2.56.050 Aircraft operations.
A. Moving of Aircraft upon Request. Upon direction of the airport manager or law enforcement personnel of the city, the operator, owner or pilot of any aircraft/rotorcraft on the airport shall move the aircraft to any place designated on the airport; if the operator, owner or pilot refuses to comply with the directions, or is unavailable, the airport manager or law enforcement personnel may have the aircraft moved to such place at the owner’s expense and without liability for damage that may result from such moving. Failure to promptly remove any aircraft/rotorcraft as directed shall result, in addition to possible removal of the aircraft, in civil penalties being assessed against the operator, owner or pilot of the aircraft/rotorcraft.
B. Accident Reporting. All accidents of any nature occurring on the airport shall be reported as soon as practicable to the airport manager, along with the names and addresses, in writing, of persons involved and witnesses; and to any other applicable agency (police, ambulance, fire department, Federal Aviation Administration).
C. Securing Aircraft. No aircraft/rotorcraft shall be left unattended unless properly secured. The airport manager may, without obligation, secure the aircraft at the owner’s expense and without liability for damage that may occur from such securing or lack thereof.
D. Registration. Any person electing to base an aircraft/rotorcraft on the airport, for a period greater than thirty days, shall register the aircraft/rotorcraft with the airport manager unless the owner has a lease with the city in which case the registration shall be covered in the lease. Change of ownership or removal of the aircraft/rotorcraft from the airport shall not relieve the registered owner from payment of applicable fees, including tie-down fees, unless thirty days’ prior written notice is given to the city.
E. Aircraft Parking. Aircraft/rotorcraft shall be parked only in designated tie-down areas assigned by the airport manager, or leased lots or spaces.
1. Owners of aircraft, including rotorcraft, shall pay either a tie-down fee for parking in one of the eleven available aircraft parking spaces based upon the fee schedule adopted by resolution from time to time by the city council, or a lease fee, which initial lease fee shall be based upon the fee schedule adopted by resolution from time to time by the city council at the time the lease is executed and subsequently determined by the terms of any such lease.
2. Airport lease holders shall park or tie down their aircraft/rotorcraft only on their leased lots or in unpaved areas designated and approved in writing by the airport manager. Airport lease holders shall not be entitled to purchase tie-down permits or otherwise park aircraft, including rotorcraft, in any of the eleven available public spaces located on the airport ramp. Airport lease holders in violation of this subsection shall be assessed a civil penalty in the amount of one hundred dollars per aircraft/rotorcraft per day for parking or tying down aircraft, including rotorcraft, in a location other than their leased lot(s) or the unpaved areas designated and approved in writing by the airport manager. For purposes of this subsection, the term “lease holders” includes any person or entity that is required to pay an annual rental payment for occupancy of one or more lots at the airport, usually pursuant to a formal written lease agreement, and includes the authorized agents, employees, assigns, and contractors of the lease holder.
3. Temporary or transient aircraft/rotorcraft parking on the airport ramp shall be limited and restricted to non-airport based airport visitors, including emergency aircraft/rotorcraft, on a first come, first serve basis, and may be subject to applicable tie-down fees as established by city council resolution from time to time.
F. Taxi Restrictions. No aircraft shall be operated in or taxied into or out of hangars.
G. Aircraft Repairs. Aircraft, including rotorcraft, shall not remain in designated landing and takeoff areas or taxiways for the purpose of completing nonemergency repairs.
H. Spray Pads and Fuel. All spray pads used to park aircraft (including rotorcraft) to load or unload pesticides, fertilizer, and any other form of aerial applied products shall be constructed and maintained in compliance with the State of Washington Department of Ecology (“DOE”), State of Washington Department of Health (“DOH”), and United States Environmental Protection Agency (“EPA”) rules, regulations and guidelines. Tenants and users of the airport shall avoid fuel and chemical spills and shall have spill cleanup equipment and procedures in place in accordance with the applicable rules, regulations and guidelines of the DOE, DOH, and EPA. This subsection is specifically adopted to protect public health and safety and shall apply to both existing and future airport tenants and users. (Ord. 842 § 1, 2012; Ord. 840 § 1 (part), 2012: Ord. 825 § 2, 2010; Ord. 820 § 1 (part), 2009: Ord. 810 § 3, 2008; Ord. 774 § 1 (part), 2006. Formerly 2.56.100)
2.56.060 Motor vehicles.
A. Operation on Airport. Unless authorized by the airport manager, no motorized vehicle shall be operated on the airport except on roadways, parking areas and places that are designated for such vehicles. No person shall operate any vehicle in a careless or negligent manner or in disregard for the safety of others or in excess of posted speed, and in no event in excess of twenty-five miles per hour. Vehicles, bicycles and pedestrians shall always yield the right-of-way to aircraft.
B. Parking Restrictions. Vehicles shall be parked in a manner that does not interfere with airport operations. No persons shall park a vehicle on a runway, taxiway, taxilane, or other area designated by the airport manager as a “no vehicle parking area.” Vehicles parked in violation of this provision shall be so parked at the owner’s risk. The city and its agents accept no responsibility for loss or damage to any vehicles parked at the airport or the contents thereof.
C. Parking Enforcement—Specific Penalty. 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 incidental to the enforcement. (Ord. 840 § 1 (part), 2012: Ord. 820 § 1 (part), 2009: Ord. 810 § 4, 2008; Ord. 774 § 1 (part), 2006. Formerly 2.56.110)
2.56.070 Civil violations/penalties.
A. Civil Infraction. Each violation of any of the provisions of this chapter for which a specific monetary penalty is not identified is hereby deemed a civil infraction subject to a monetary penalty of up to five hundred dollars for each such violation.
B. Alternative Civil Proceedings. The existence of a civil infraction remedy or civil infraction proceedings under the provisions of this chapter shall not be construed to affect the right of the city to proceed with the enforcement of a provision of this chapter by commencement of civil proceeding either at law or equity in any court of competent jurisdiction. (Ord. 840 § 1 (part), 2012: Ord. 820 § 1 (part), 2009: Ord. 810 § 5, 2008. Formerly 2.56.120)