§ 1-12. Municipal airport.
(a)
Use of airport restricted; permit required. No person, firm, association, corporation or entity, incorporated or otherwise, shall use the airport for any commercial activity, unless approved by a written permit from the city council or its duly authorized agent.
Application for a permit under this section shall be filed by the owner or operator with the city secretary on forms to be furnished by the city. Every application shall be sworn to the applicant and shall be accompanied by a permit fee as established by the city council and prescribed in Appendix 1 hereafter. Upon receipt of an application and the permit fee hereunder, the city secretary shall refer the same to the city council for approval or disapproval. If the city council approves the application, the city secretary shall issue the permit under any such terms and conditions as established by the city council. Said permit shall not be transferrable and application and consideration of renewal permits shall be made in the same manner as an original application for a permit. Any decision by the city council in granting or denying any application for the operation of a commercial activity at the municipal airport shall be final.
It shall be unlawful for any person to make or knowingly permit the making of any false or misleading statement in any application made pursuant to this section. In addition to any other punishment or sanction, the falsifying of an application shall be grounds for the immediate revocation or suspension of any permit granted hereunder.
(b)
General rules and regulations. The following rules and regulations shall be observed in the general use, operation and conduct of said Terrell Municipal Airport:
(1)
Federal air traffic rules adopted. The federal air traffic rules promulgated by the federal aviation administration for observance by aircraft operated anywhere in the United States, presently or hereafter effective, are hereby referred to, adopted and made a part hereof as though fully set forth and incorporated herein.
(2)
Safeguard of persons and property. The airport manager or designated agent shall at all times have authority to take such action as may be necessary to safeguard any person, aircraft, equipment or property at the airport.
(3)
Renting hangar. T-hangars or conventional hangars owned by the city may be rented to private individuals, companies or corporations on a monthly or yearly basis for the storage of aircraft and ancillary aircraft equipment only. Single unit T-hangars will be rented at a monthly rate established by the city council and as prescribed in Appendix 1 hereto. Hangar rent will be paid by the 1st day of the month, the first month's rent paid in advance.
(4)
Lease of airport property to private individuals, companies or corporations.
a.
The city may lease property within the building area or other portions of the airport for the private construction of hangars, buildings or lean-tos, aprons, taxiways and auto parking lots in accordance with the approved airport layout plan. All leased property and all buildings or structures erected on the leased property will be utilized for aviation related activity. Primary storage of non-aviation equipment, such as automobiles, boats or farm equipment in a private hangar, or conducting of non-aviation business in any structure is discouraged and must be incidental to the lessee's aeronautical activity.
b.
Property leased to a private individual, company or corporation on which hangars, T-hangar units or buildings will be erected for rental to the public will be leased at a reasonable rate commensurate with similar facilities in the state as deemed acceptable by the airport governing body and as approved by the federal aviation administration (FAA).
c.
No leases will be written for a period in excess of 25 years.
d.
Any private structure or hangar not in use for aviation purposes for a period in excess of three months or not available for rent or subleased for primary aviation purposes, unless so authorized by the city, must be removed after due notice in writing or the city will consider such structures or hangars abandoned and title will pass to the city.
e.
Leased land from which any building, hangar or structure is removed after due notice will be cleaned and put back in its original condition.
f.
Leased property on the airport may be subleased by the lessee only with the approval of the city.
g.
No structures may be erected beyond the building restriction line (BRL) as designated in the airport master plan or in conflict with the approved airport layout plan and FAA regulations.
h.
All construction must be authorized by the city council and must be a compatible standard capable of withstanding winds of 85 miles per hour, with doors open or closed. Furthermore, all structures must comply with the Southern Standard Building Codes and airport zoning and land use ordinance.
(5)
Lien for charges. To enforce the payment of any charge made for repairs, improvements, storage or care of any personal property, made or furnished by the City of Terrell or its agents, in connection with the operation of said Terrell Municipal Airport, the City of Terrell shall have lien upon such personal property, as stipulated in the written lease agreement, which shall be enforceable as provided by law.
(6)
Lien possessory right. To enforce the payment of any such charge, the airport manager or designated agent may retain possession of such personal property until such reasonable charges have been paid in full.
(7)
Unauthorized signs and personal property. No signs or equipment or portable buildings and house trailers may be erected, moved in or installed on the airport property except as may be specifically authorized by the city council.
(8)
Surreptitious activities. Any person observing suspicious, unauthorized or criminal activities shall report such activities immediately to the airport manager or designated agent, police, officers of the department of public safety or other peace officer.
(9)
Wrecked and unairworthy aircraft. Every aircraft owner, his pilot and agents, shall be responsible for notifying FAA and for the prompt removal from the operational areas of the airport, under the direction of the airport manager or designated agent, of disabled or wrecked aircraft.
Upon airport manager's notice, aircraft left in an unairworthy condition over 30 days in open air parking areas may be removed at the expense of owner. Unairworthy aircraft include those with no engines, propellers, mission control surfaces or other obvious disqualifying conditions.
(10)
Repairs to aircraft. No aircraft shall be repaired on any part of the landing or take off area, and all outside repairs shall be made at the places designated by the airport manager or designated agent for such purpose.
(11)
Agricultural operations. Agricultural spraying operations will be conducted in accordance with procedures approved by the airport manager or designated agent and made known to all persons conducting agricultural spraying operations. No person engaged in agricultural spraying operations shall engage in reckless flying nor careless chemical handling. Such persons will be expected to use the utmost caution commensurate with the potential dangers associated with spraying operations. Said operations shall be conducted only in designated airport areas. Chemicals used in agricultural flying operations shall be dispersed, maintained, stored, the dispensing area cleaned, and empty chemical containers promptly disposed of or stored in accordance with the standards set by the Environmental Protection Agency (EPA), Texas Water Commission and the Texas Department of Agriculture, Texas Department of Health and the airport manager or designated agent. Washing of agricultural aircraft and flushing of agricultural aircraft spray tanks will be accomplished in accordance with the standards set by the EPA, Texas Water Commission and Texas Department of Health in an area so designated by the airport manager or designated agent. Because of the hazard of such operation, the city will require each agricultural spray operator to post a $25,000.00 bond.
(12)
Damage to airport. Any person, corporate or individual, and the owner of any aircraft causing damage of any kind to said airport, whether through violation of any of these rules or through vandalism or any act of negligence, shall be liable therefore in and to said City of Terrell.
(13)
Injury to persons. No person shall enter restricted areas on airport grounds either on foot or by motor vehicle, without permission from the airport manager or designated agent, and any person so entering upon airport property does so at his own risk and with no liability to the city or airport board for any injury or damage to person or property. The term "restricted areas on airport grounds" used in this rule shall not include carriage of passengers to and from the airport terminal, nor persons using the airport passenger terminal in the normal course of business.
(14)
Licensed pilots. Only properly registered aircraft and persons holding a current airman's license issued by the FAA shall operate upon or over said Terrell Municipal Airport without written permission. Provided that this limitation shall not apply to students in training under licensed instructors nor to public aircraft of the federal government or of a state, territory or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft.
Persons operating ultralight aircraft shall conform to FAR 103. Permission to use the airport, if granted, should be contingent on operating procedures coordinated with and acceptable to the regular users of the airport operating licensed aircraft and any other traffic pattern rules set by the airport authority. Persons operating ultra-light aircraft must obtain written permission for the City of Terrell.
(15)
All persons to register with airport manager. Every person stationed, employed, receiving instructions or operation upon said Terrell Municipal Airport shall register at the office of the airport manager or designated agent, shall give his name, address, telephone number and the nature of his business or occupation. Identification numbers of all aircraft hangared at Terrell Municipal Airport shall be registered at the office of the airport manager of designated agent.
(16)
Use of another's property. Unless authorized by the owner in writing, the use of any aircraft, parts, equipment, accessories or tools of another, situated on said airport, is forbidden.
(17)
Intoxicants and narcotics forbidden. No person under the influence of an intoxicant or narcotic shall operate or fly in any aircraft upon or over Terrell Municipal Airport. Provided such inhibition shall not apply to a passenger when accompanied by a nurse or caretaker in an aircraft apart from the pilot.
(18)
Glass. No bottles or glass shall be left or broken upon the floor of any building or upon any part of the surface area of the airport.
(19)
Vehicular traffic at airport regulated. All vehicular traffic shall be confined to the roads, streets, avenues and alleys provided on the grounds for that purpose, and shall not be operated at a speed in excess of 20 miles per hour. Vehicles used by the city, airport manager or designated agent or other authorized personnel to check the landing area will have an amber flashing rotating light on the top of the vehicle or an approved yellow and black checkered flag attached to the vehicle and contain a mobile or portable radio transceiver tuned to the Unicom frequency.
(20)
Fueling of aircraft.
a.
Aircraft shall not be fueled while the engine is running or while in a hangar or other enclosed place.
b.
All aircraft will be positively grounded when being serviced with fuel. Aircraft being serviced by a fuel truck will be grounded to the fuel truck and the fuel truck will be positively grounded.
c.
All aircraft shall be fueled at the fuel pump, or if by truck on the ramp clear of hangars.
d.
Aircraft fuel trucks will be equipped, operated and maintained in accordance with National Fire Protection Association, NFPA Manual 407 "Aircraft Fuel Servicing, latest edition."
e.
Persons or aviation businesses wishing to supply and dispense aviation fuel for their private use must first obtain permission from the city. Private fueling facilities must be located on leased property and the fueling system installed and fuel dispensed in accordance with Aircraft Fueling Rules and Directives issued by FAA.
f.
Public sale of automobile gas for use in aircraft will not be permitted on the airport without proper approval of the FAA and the airport board. Aircraft authorized by the FAA to use auto gas may be privately fueled by their owner only be receiving approval from the airport authority.
g.
Aviation or auto fuels will not be stored within a hangar.
(21)
Tiedown of aircraft.
a.
All aircraft not hangared shall be tied down or secured at night and during inclement weather.
b.
Aircraft shall be tied down or secured only in areas designated by the airport manager or his designated agent.
c.
Rental of tiedown space. The following rental schedule shall apply for rental of tiedown space located on the apron southwest of Runway 14/32:
Type of Aircraft Monthly Weekly Single engine (six seats or less) $30.00 $10.00 Larger aircraft 50.00 15.00 There shall be no charge for aircraft occupying tiedown space on an overnight basis.
(22)
Running aircraft engines.
a.
If not equipped with adequate brakes, the engine shall not be started in an aircraft until and unless the wheels have been set with blocks attached to ropes or other suitable means for removing them.
b.
No airplane will be propped, started or left running without qualified personnel at the controls.
c.
No engine shall be started or run inside any building.
d.
No engine shall be started, run or warmed up until and unless the aircraft is in such position that the propeller stream or jet blast will clear all buildings and groups of people in the observation areas and path of the aircraft.
(23)
Damage to runway lights. Any person damaging any field light or fixture by operation of an aircraft or otherwise shall immediately report such damage to the airport manager or designated agent. Persons causing damage to runway and taxiway lights, as a result of negligent operation of an aircraft or willful acts, will be liable for replacement of the property.
(24)
Taxiing aircraft.
a.
No person shall taxi an aircraft until he has ascertained there will be no danger of collision with any person or object in the immediate area.
b.
Aircraft will be taxied at a safe and prudent speed, and in such manner as to be at all times under the control of the pilot.
c.
Aircraft not equipped with adequate brakes will not be taxied near buildings or parked aircraft unless an attendant is at a wing of the aircraft to assist the pilot.
d.
Aircraft shall not taxi onto the runway from the ramp and taxiway area if there is an aircraft approaching to land, or on the ground in take off position.
e.
There shall be no taxiing of aircraft by engine power into or out of hangars.
(25)
Parking aircraft.
a.
Unoccupied aircraft shall not be parked or tied down on or within 200 feet of the centerline of a VFR basic utility runway, 250 feet of the centerline of a general utility runway or 300 feet of the centerline of an IFR runway with visibility minimums greater than three-fourths of a mile; and all unhoused aircraft shall be parked in the areas designated by the airport manager or designated agent for that purpose.
b.
Aircraft will not be parked within 50 feet of an aircraft fuel pump or other fixed or movable object.
c.
Aircraft will not be parked in such a manner as to hinder the normal movement of other aircraft and traffic unless specifically authorized by the airport manager or designated agent as an emergency measure.
d.
It is the responsibility of the pilot when leaving a parked aircraft unattended to see that the brakes are set or that the plane is properly chocked and/or tied down.
e.
Aircraft parked unsafely or in an undesignated area may be removed by the city at the expense of the aircraft owner.
(26)
Loading/unloading aircraft. Pilots are prohibited from loading or unloading aircraft with the engine running.
(27)
Landing and take off rules.
a.
Authority to suspend operations. The airport manager or designated agent may suspend or restrict any or all operations without regard to weather conditions, whenever such action is deemed necessary in the interest of safety.
b.
Active runway. Landing will be made into the most favorable wind conditions.
c.
Clearing street. No aircraft shall land or take off in such a manner as to clear any public street or highway at an altitude of less than 15 feet or 17 feet over an interstate highway or 23 feet over a railroad track nor land or take off on the taxiway or over hangars or other structures, automobile parking areas or groups of spectators.
d.
Unicom. All pilots are encouraged to call on the local unicom frequency to determine the active runway and to announce their position and intentions for take off and landing. Pilots on radio-equipped aircraft taking off or landing at airports that do not have a local unicom radio should report their traffic intentions on the appropriate unicom frequency (122.9KHz).
e.
Take offs on apron, etc. No take offs or landings shall be made on the apron, parking ramp or taxiway except by special permission of the airport manager or designated agent.
f.
Take offs allowed. Touch and go landings may be made at the discretion of the pilot. All aircraft shall clear for incoming and take off traffic before taxiing into take off position.
g.
Take off climb. On take off, all aircraft shall climb straight out to a level of 400 feet, clear airport boundary and execute a 90 degree turn to the left. To leave traffic, the aircraft shall climb to 500 feet before executing a 45 degree climbing turn to the right out of traffic.
h.
Traffic altitude. Traffic pattern elevation is 800 feet above ground level (AGL) for piston-driven aircraft and 1,000 feet AGL for turbine-powered aircraft.
i.
Common courtesy. Aircraft entering the traffic pattern shall exercise caution and practice courtesy so as not to cause aircraft already in the pattern to deviate from their course.
j.
Aircraft turn. Any aircraft within three miles of the airport at an altitude of less than 800 feet above the ground shall conform to the flow of traffic. All aircraft shall establish their pattern altitude before entering the traffic pattern and shall not deviate from this altitude (except in an emergency).
k.
Traffic flow. All aircraft landing at the Terrell Municipal Airport shall fly a standard left-hand traffic pattern at 800 feet AGL. Pattern entry shall be made at an angle of 45 degrees to the active runway with the runway to the pilot's left at all times. Entry shall be made at the midpoint of the downwind leg.
l.
Altitude and noise of engines. No aircraft shall be operated over the City of Terrell at an altitude of less than 1,000 feet above the ground. Aircraft engines shall not be accelerated nor decelerated while over the corporate city limits in such a manner as to distract, excite or disturb persons on the ground, regardless of altitude.
m.
Straight-in approaches. VFR straight-in approaches shall not be used unless authorized by the airport manager or designated agent or unless radio contact with the airport advisory radio has been established from at least five miles out.
(28)
Student training and practice flying.
a.
Instructors in flying shall inform students and shall inform themselves on all rules and regulations in effect at the airport.
b.
By notices posted in his office, the airport manager or designated agent may designate limited areas of the airport and local areas for practice flying and training of students.
(29)
Special traffic procedures. The airport manager or designated agent may, in the interest of safety, designate special traffic procedures for certain operations, such as air shows, agricultural operations, lighter than air operating ultralights, etc.
(30)
Fire regulations.
a.
Every person going upon or using the airport or its facilities in any manner, shall exercise the greatest care and caution to avoid and prevent fire.
b.
Smoking or open flame within 50 feet of any aircraft or fuel truck is prohibited.
c.
Compressed inflammable gas shall not be kept or stored upon the airport, except at such place as may be designated by the airport manager or designated agent.
d.
No inflammable substance shall be used in cleaning motors or other parts of the aircraft inside a hangar or other building.
e.
No one shall smoke, ignite a match or lighter in any building, except in offices, waiting rooms or buildings where specially permitted by the airport manager or designated agent.
f.
Hangar entrances shall be kept clear at all times.
g.
The floors in all buildings shall be kept clean and free from oil. Volatile, flammable substances shall not be used for cleaning the floors.
h.
No boxes, crates, cans, bottles, paper, tall grass/weeds or other litter shall be permitted to accumulate in or about a hangar.
i.
Prior to being fueled, all aircraft will be positively grounded by a grounding cable which is connected to a copper, copper clad, galvanized or other approved ground rod five-eighths-inch or greater in diameter buried to a sufficient depth to reach permanent subsoil moisture. The resistance of the ground rod should not exceed 10,000 ohms. The bonding/ground cable shall be of flexible, durable material. The grounding clip on the end of the grounding cable should be connected to bare, unpainted metal on the aircraft, however, the grounding clip should not be attached to the aircraft's propeller, landing gear or radio antennas.
j.
Where aircraft fueling is performed by a fuel truck, an adequate number of suitable grounding connections shall be provided on the aircraft apron or servicing ramp.
k.
At least two 20B portable fire extinguishers will be available within 50 feet of the fuel pumps where the open hose discharge capacity of the fuel pump is not more than 200 gallons per minute; at least one wheeled 80B fire extinguisher where the open hose discharge capacity is more than 200 gallons per minute, but not more than 350 gallons per minute; at least two wheeled 80B fire extinguishers where the open hose discharge capacity is greater than 350 gallons per minute.
l.
All aviation fuel nozzles will have "dead man" controls which will shut off the fuel flow when the nozzle hand control is released. Automatic fuel cut off nozzles will not be permitted for fueling aircraft.
m.
The pilot and passengers will exit the aircraft and the aircraft will be unoccupied during fueling operations.
n.
In all matters related to aircraft fueling safety the provisions of the NFPA Manual 407 "Aircraft Fuel Servicing, 1980" published and available from the National Fire Protection Association, Incorporated, 470 Atlantic Avenue, Boston, Massachusetts 02210, shall prevail.
(31)
Knowledge of rules implied. By publication of this ordinance as required by law, all persons will be deemed to have knowledge of its contents. However, the airport manager or designated agent is directed to have copies of the ordinance printed and posted where appropriate. Copies will be available at all times in the airport manager's or designated agent's office, and copies will be furnished to owners and operators of aircraft based on the airport upon request. Persons or firms conducting commercial activities at the airport pursuant to permit are to be knowledgeable of all rules and regulations of the airport and the FAA and are to comply with all such regulations or risk forfeiture of such permit.
(32)
Conflict with federal aviation rules. If and where there is conflict in these and the federal aviation rules (FARs), the latter shall prevail.
(c)
Eviction or banishment from airport. Any person operating or handling an aircraft in violation of any of these rules or refusing to comply therewith, may, at once, be ejected from the airport, or may, for any period of time not exceeding 15 days, be denied use of the airport and/or its facilities by the airport manager or designated agent, and upon hearing by the city council, if requested by the airport manager or the designated agent, may be deprived of further use of the airport and its facilities by the city council for such period of time as may appear necessary for the protection of life and property.
(d)
Appeals.
(1)
Any person who feels aggrieved by a decision of the airport manager or the designated agent may appeal such decision or ruling to the city council. Such appeal shall be taken within 15 days after the decision has been rendered by the airport manager or the designated agent by filing a written notice of appeal with the city manager specifying the grounds for such appeal. An appeal shall stay all proceedings of the action appealed from unless the airport manager or the designated agent certifies to the city manager after the notice of appeal has been filed, a stay would in his opinion cause eminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by a restraining order granted by a court of record.
(2)
At any hearing relative to any appeal, any interested party may appear in person or by agent or attorney. The burden of proof shall be upon the applicant to establish a contrary decision to that made by the airport manager or the designated agent.
(3)
In exercising its powers, the city council may revise or affirm, wholly or partly, or may modify the order, requirement, decision or determination as ought to be made and shall have the power to impose reasonable conditions to be complied with by the appellant.
(Ord. No. 1426, 12-17-85; Ord. No. 1702, 11-3-92; Ord. No. 1799, Art. I, 10-17-95)