Chapter 13.20
WASILLA MUNICIPAL AIRPORT

Sections:

13.20.010    Definitions.

13.20.020    Applicable law.

13.20.030    Airport manager.

13.20.040    Appeal from decision of airport manager.

13.20.050    Accident reports.

13.20.060    Facility damage.

13.20.070    Access to airport.

13.20.080    Parking aircraft.

13.20.090    Impoundment of aircraft.

13.20.100    Transient parking.

13.20.110    Disabled aircraft.

13.20.120    Admissible aircraft.

13.20.130    Starting and warming.

13.20.140    Taxiing, takeoffs and landings.

13.20.150    Helicopter operations.

13.20.160    Use of cleaning materials.

13.20.170    Storage of flammable and combustible materials.

13.20.180    Open-flame activity.

13.20.190    Fueling operations.

13.20.200    Fees and charges.

13.20.210    Operation of motor vehicles.

13.20.220    Obligations of lessee of premises on the airport.

13.20.230    Property control.

13.20.240    Conduct of commercial activity.

13.20.250    Advertisements.

13.20.260    Model aircraft, balloon, rockets and kites.

13.20.270    Animals.

13.20.280    Removal of spills or drippings of petroleum products.

13.20.290    Waste disposal.

13.20.300    Weapons, explosives and hunting.

13.20.310    Remedies and penalties.

13.20.010 Definitions.

When used in this chapter, the following words and phrases shall have the meanings set forth in this section:

“Aircraft” means a device that is used or intended to be used for flight in the air.

“Airport” means the Wasilla Municipal Airport.

“Airport manager” means the mayor of the city or an official designated by the mayor to manage and direct activities at the airport, or his or her designee.

“Animal” means any vertebrate domestic or domesticated member of the animal kingdom.

“Aviation operator” means any person or organization engaged in a business related to aviation on an airport under a contract or lease with the municipality.

“Field area” means that area at an airport designated for use by aircraft only and includes the approachways, runways, taxiways and aircraft parking areas, whether or not posted or fenced.

“Fuel tender” means a motor vehicle used for the transportation, handling or dispensing of gasoline, kerosene, oil or other fuel or lubricant.

“Motor vehicle” means any self-propelled vehicle other than aircraft.

“Through-the-fence agreement” means an agreement between the city and an owner or occupier of property adjacent to the airport that permits aircraft access between the airport and the adjacent property. (Ord. 08-29 § 20, 2008; Ord. 03-72 § 2, 2003; Ord. 03-64 § 2, 2003; prior code § 5.30.010)

13.20.020 Applicable law.

A.    All aeronautical activities within the airport traffic area and on the ground of the airport shall be conducted in conformity with all applicable state and federal statutes and regulations, this chapter, and such orders as may be issued by the airport manager.

B.    This chapter shall apply only to the Wasilla Municipal Airport. (Prior code § 5.30.020)

13.20.030 Airport manager.

A.    An airport manager may exercise the powers and duties granted him or her by this chapter.

B.    The airport manager may close the airport or any part thereof if he or she deems conditions to be unsafe for airport activity.

C.    The airport manager may issue temporary emergency regulations, without council approval, so that airport activity is conducted in a safe and reasonable manner.

D.    In situations not involving an emergency the airport manager may promulgate rules and regulations pertaining to the operations, maintenance, activities and safety on airport property that are not in conflict with the provisions of this chapter. Such rules and regulations are subject to review and approval of the city council.

E.    No person may intentionally fail or refuse to obey a lawful order of an airport manager. (Prior code § 5.30.030)

13.20.040 Appeal from decision of airport manager.

A person aggrieved by an order of the airport manager may, within fifteen (15) days of the decision complained of, file a written appeal with the mayor. Upon timely appeal the mayor or his or her designee shall hold a hearing to determine whether the airport manager abused his or her discretion. In the event that the mayor is also the airport manager, the hearing shall be conducted by the city council. (Prior code § 5.30.040)

13.20.050 Accident reports.

A person who is involved in an aircraft accident at an airport which results in the injury or death of a person or in property damage, shall immediately notify the FAA, the airport manager and the Wasilla police department. The notification shall include the name and address of the persons involved, the type and extent of the injury or damage, the location where the injury or damage occurred, and the date and time when the injury or damage occurred. A copy of a report of an aircraft accident prepared in compliance with NTSB regulations or requirements shall be filed with the airport manager. (Prior code § 5.30.050)

13.20.060 Facility damage.

Any person who damages any airport property shall be liable for all costs incurred by the airport in repairing or replacing the damaged property without regard to the fault or negligence of any other person. (Prior code § 5.30.060)

13.20.070 Access to airport.

A.    No person may enter a restricted area posted as being closed to the public except as permitted by this section.

B.    No person may enter upon the field area except:

1.    Persons assigned to official duty thereon;

2.    Authorized representatives of the airport or Federal Aviation Administration;

3.    Persons authorized by the airport manager;

4.    Persons entering the area for the purpose of embarkation and debarkation.

C.    The tampering, adjusting or in any way interfering with the normal operation of an access gate is prohibited.

D.    The city will not enter into any through-the-fence agreement, and aircraft access between the airport and adjacent property is prohibited. (Ord. 03-64 § 3, 2003: prior code § 5.30.070)

13.20.080 Parking aircraft.

A.    The airport manager shall designate and regulate tie-down spaces, and all aircraft other than transient aircraft shall be parked in those spaces in accordance with this chapter and the posted regulations of the airport manager.

B.    Tie-down spaces shall be available for rent pursuant to a revocable permit issued by the airport manager at the rates prescribed by the city.

C.    No person may use a tie-down space for any purpose other than noncommercial storage and parking of aircraft.

D.    An aircraft parked at the airport shall be secured in the manner prescribed by applicable aircraft flight manuals and FAA Advisory Circulars when wind conditions are forecast by the National Weather Service to exceed fifteen (15) knots.

E.    The airport manager may remove any unauthorized aircraft parked in a tie-down space.

F.    The care and protection of any aircraft parked on the airport shall be the owner’s responsibility. (Prior code § 5.30.080)

13.20.090 Impoundment of aircraft.

A.    The airport manager may remove and store in a place of safety or immobilize at the owner’s risk and expense any aircraft found parked:

1.    In violation of a provision of this chapter; or

2.    In such a manner as to create a significant danger to the safety of persons or property.

B.    Impounded aircraft shall be released only upon payment of an impoundment fee, daily storage fee and other charges associated with the impoundment.

C.    An impounded aircraft that remains unredeemed after one hundred eighty (180) days shall be considered to be abandoned property subject to disposition by the airport manager in the manner provided in Chapter 5.36 for surplus property, except that the proceeds of any sale shall be deposited in the airport operating fund. (Prior code § 5.30.090)

13.20.100 Transient parking.

A.    The airport manager shall designate and regulate parking areas for transient aircraft, and all transient aircraft shall be parked in those areas.

B.    A daily charge for transient parking privileges shall be paid immediately upon arrival of the aircraft, if required.

C.    Transient parking privileges are limited to fifteen (15) consecutive days. Extensions may be granted by the airport manager as the demand for transient parking allows. (Prior code § 5.30.100)

13.20.110 Disabled aircraft.

The owner of a disabled aircraft or any part thereof which restricts or hinders airport operations shall remove it from the airport immediately or at the conclusion of an accident investigation, should one be conducted. The airport manager may perform on behalf of an owner who fails to act in a timely manner by impounding the aircraft or aircraft parts at the expense of the owner. (Prior code § 5.30.110)

13.20.120 Admissible aircraft.

A.    All aircraft operating on an airport shall meet airworthiness certificate requirements in accordance with Federal Aviation Administration regulations.

B.    No aircraft weighing in excess of twelve thousand five hundred (12,500) pounds may be admitted to the Wasilla airfield except that:

1.    The airport manager may approve the admittance of any aircraft so that the aircraft may be repaired;

2.    Any aircraft may land if there is a bona fide emergency aboard the aircraft; or

3.    Any medivac aircraft is admissible.

C.    Notwithstanding subsections A and B of this section, the airport manager may approve admittance of any aircraft to an airport for the sole purpose of participating in an air show. (Ord. 06-16 § 2, 2006; prior code § 5.30.120)

13.20.130 Starting and warming.

A.    No person may start an aircraft engine by prop pulling unless a competent operator is in the aircraft attending the engine controls, or the aircraft is properly tied down at each wing or tie-down loop.

B.    No person may warm up an aircraft or test an aircraft engine in a manner dangerous to other aircraft, persons or property. No person may test an aircraft engine for a prolonged period of time unless a competent operator is attending the engine controls, or the aircraft has been securely tied down at both wings and tail and barricades have been erected around the propeller area. (Prior code § 5.30.130)

13.20.140 Taxiing, takeoffs and landings.

A.    Aircraft shall be operated and taxied in a safe and prudent manner and at a safe and reasonable speed.

B.    Aircraft shall be taxied in accordance with the taxiing patterns established by the airport manager.

C.    No aircraft may be taxied into or out of a hangar.

D.    Notwithstanding Federal Aviation Administration regulations, simultaneous takeoffs and landings on pavement runway 3‑21 and gravel-turf runway 3-21 are prohibited. (Ord. 07-05 § 2, 2007: prior code § 5.30.140)

13.20.150 Helicopter operations.

Every helicopter operator shall provide his or her own helicopter pad in accordance with Federal Aviation Administration requirements and subject to the approval of the airport manager. (Prior code § 5.30.150)

13.20.160 Use of cleaning materials.

A.    The use of Class I flammable liquids is prohibited.

B.    Class II flammable liquids with flash points above one hundred ten (110) degrees F may be used only in the open air or in fire-resistive rooms equipped with adequate power ventilation, fire extinguishers and spark and vapor-proof type switches on all electrical apparatus, equipment and appliance. (Prior code § 5.30.160)

13.20.170 Storage of flammable and combustible materials.

A.    Flammable or combustible materials may be stored only in hangars or other buildings which have proper fire-resistive separation.

B.    Flammable or combustible materials used for aircraft repair and maintenance may be stored on the premises described in subsection A of this section in such amounts as are allowed under Table 9-A of the Uniform Building Code (UBC) so long as such premises are not work areas, meet fire-resistive enclosure requirements as set forth in UBC, and are posted with warnings. (Prior code § 5.30.170)

13.20.180 Open-flame activity.

A.    No person may conduct any open-flame activity on any part of an airport unless extinguishers are provided. No painting, doping or use of flammable liquids, gases or any other hazardous materials may occur at the same time and place as open-flame activity.

B.    Doping processes shall be conducted only in a properly designated, fireproofed and ventilated room or hangar in which all illumination, wiring, heating, ventilation equipment, switches, outlets and fixtures shall be explosion-proof, spark-proof, and vapor-proof, and in which all windows and doors open easily. Spark-proof shoes shall be worn at all times by all persons engaged in doping. Smoking is prohibited in an area where doping is in progress. (Prior code § 5.30.180)

13.20.190 Fueling operations.

A.    No aircraft may be fueled or de-fueled while the engine is running, being warmed by applications of exterior heat, or while such aircraft is in a hangar or other enclosed space.

B.    Each fuel tender shall be equipped with a minimum of two twenty (20) pound BC portable fire extinguishers easily accessible from either side of the vehicle.

C.    No person may smoke within one hundred (100) feet of an aircraft being fueled or de-fueled.

D.    No person may operate any electrical appliance in an aircraft during fueling or defueling.

E.    No person engaged in the fueling or de-fueling of aircraft shall negligently permit the fuel to overflow.

F.    No person may use any material or equipment during fueling or de-fueling of aircraft which is likely to cause a spark or to be a source of ignition.

G.    No person may start the engine or an aircraft when there is any gasoline on the ground under the aircraft.

H.    Fueling hoses and equipment shall be maintained in a safe, sound and non-leaking condition. Fuel transfer nozzles shall not be held in the open position by any device other than direct hand pressure by the operator.

I.    All fueling and de-fueling of aircraft shall be conducted at least fifty (50) feet from any hangar or other building.

J.    No fuel truck or tender may service an aircraft or fueling facility unless positively grounded.

K.    No fuel tender or fuel tanks or containers may be stored or parked, other than temporarily, on any airport tie-down apron except as approved by the airport manager. (Prior code § 5.30.190)

13.20.200 Fees and charges.

A.    The city council shall establish all mandatory charges and fees imposed by the city at the airport. The airport manager may provide additional services or facilities for which a fee has not been established for a fee mutually agreed upon. Examples are lists of aircraft owners, tie down rope, electrical service, and other assistance.

B.    Unless otherwise provided in this chapter all fees and charges shall be paid in advance of service and at such intervals as the airport manager may deem appropriate.

C.    Income derived by the city from airport operations and revenue producing property must be fully accounted for and adequate records kept to evidence its application to or reservation for airport operational or capital improvement purposes.

D.    The following fees and charges shall be payable to the city:

1.    Distribution of Aviation Fuel. Every distributor of aviation fuel shall collect sales tax required by Section 5.16.030 on aviation fuel that it delivers at the airport. The distributor shall submit amounts collected as required by Section 5.16.080 and indicate quantities of aviation fuel it delivered at the airport during the past month.

2.    Access Fees. A person in possession of off airport land, which is used in whole or in part for aviation activities, shall pay a monthly fee for direct access from that land to a runway or taxiway at the airport. The fee shall be calculated at the rate of thirty-three and one-third (33 1/3) percent of the current tail-end tie-down fee set forth in this section for each aircraft stored on such land. Any boundary crossing permit shall be issued at the discretion of the airport manager and, under such terms and conditions as he or she deems appropriate.

3.    The following fees shall be set by Council resolution:

a.    Daily transient aircraft parking:

i.    Zero to six hours.

ii.    Over six hours; per day.

b.    Tie-down space fees:

i.    Tail-end space.

ii.    Pull-through space.

c.    Impoundment:

i.    Basic fee.

ii.    Twenty-four (24) hour storage fee.

d.    Motor vehicle parking:

i.    Zero to twenty-four (24) hours.

ii.    Twenty-four (24) hours to six days.

iii.    Seven days.

iv.    Thirty (30) days.

v.    One year.

e.    Land lease fee: per annum, per square foot.

E.    A fee or charge required by this chapter shall be delinquent if it remains unpaid ten (10) days after it is due and any aircraft or vehicle for which the fee or charge is due may be impounded. (Prior code § 5.30.200)

13.20.210 Operation of motor vehicles.

A.    All motor vehicles on an airport shall be operated in accordance with this chapter, posted orders of the airport manager and all other provisions of this code.

B.    No person may operate a motor vehicle on a taxiway, runway or clear zone without first having obtained the approval of the airport manager.

C.    No person may operate a motor vehicle in excess of fifteen (15) miles per hour on ramps, aprons and aircraft parking and hangar areas, or in excess of twenty-five (25) miles per hour elsewhere on the airport.

D.    No person may operate a motor vehicle on an airport contrary to the directions of posted signs, the airport manager, the traffic control tower or the Alaska State Troopers.

E.    No person may drive a motor vehicle onto or across a runway, taxiway or servicing apron unless directed to do so by the airport manager.

F.    No motor vehicle without a radio capable of communication with air traffic control may cross or come closer than seventy-five (75) feet to any runway without first obtaining clearance from the airport manager.

G.    The airport manager, Wasilla police department or an emergency responder (fireman, emergency medical services) may declare an emergency to exist on the airport. During an emergency no person may operate a motor vehicle on the airport unless it is an emergency response vehicle with authorized access.

H.    No person may park a motor vehicle on the airport except in those areas designated for such use by the airport manager or by lessees on leased property.

I.    Vehicular access onto the airport from property outside the airport boundary by any means other than public roads is prohibited. (Prior code § 5.30.210)

13.20.220 Obligations of lessee of premises on the airport.

A.    No lessee may store or stack material or equipment in such a manner as to constitute a hazard to persons or property.

B.    A lessee shall provide sufficient area within its property lines for snow storage.

C.    A lessee shall notify any contractor it employs of the dimensions of its leasehold.

D.    A lessee shall supply, maintain and keep operable fire extinguishers suitable for extinguishing flames from the type of materials on the premises.

E.    A lessee shall maintain the floor of each hangar, hangar apron and ramp area leased or otherwise used in its operations clean and clear of oil, grease, materials or trash, except as may be otherwise provided in a specific lease.

F.    A lessee who installs an aircraft tie-down anchor shall install the anchor in accordance with specifications provided by the airport manager. (Prior code § 5.30.220)

13.20.230 Property control.

No person may, without the consent of the airport manager, alter, add to or construct any building, make any excavation or abandon any property on the airport. Such consent shall be given if the airport manager finds that the proposed activity is compatible with airport operations, applicable lease agreement and applicable city, borough, state and federal law. (Prior code § 5.30.230)

13.20.240 Conduct of commercial activity.

A.    No persons may engage in any business or commercial activity on the airport, without a city business license, a permit issued by the airport manager, and in accordance with this code.

B.    The consummated lease and development plan of a lessee of airport property shall constitute the permit required by this section except for fuel or petroleum products dispensing.

C.    No dispensing, selling, trading or bartering of aircraft fuel products may occur on airport property without a specific fuel dispensing permit issued by the airport manager. Issuance of a fuel dispensing permit requires proof of insurance to protect lessor and lessee against comprehensive public liability for personal injury or property damage, the policy limits of which shall be no less than five million dollars ($5,000,000).

D.    No person may operate or provide service, labor or materials, such as a mobile mechanic, on airport property unless issued a permit by the airport manager. Any holder of a permit authorized under this section shall be required to provide proof of insurance similar

to insurance required of lessees of airport property. (Prior code § 5.30.240)

13.20.250 Advertisements.

No person may erect or post any exterior signs or advertisement at the airport except with the approval of the airport manager. (Prior code § 5.30.250)

13.20.260 Model aircraft, balloon, rockets and kites.

No person shall operate or release any model aircraft, balloon, kite, parachute, flare or other airborne hazard to aircraft on or above airport property without the written permission of the airport manager. (Prior code § 5.30.260)

13.20.270 Animals.

A.    No person may cause or permit an animal to be within the airport, except where the animal is:

1.    In transit to or from an aircraft, and under the direct control of its owner or handler and on a leash or confined at all times;

2.    Confined in a vehicle, building, cage or kennel pending transportation; or

3.    Under the direct control of a peace officer or emergency responder performing official duties at the airport, and trained to assist in performing those duties. (Ord. 03-72 § 3, 2003: prior code § 5.30.270)

13.20.280 Removal of spills or drippings of petroleum products.

Any spillage or dripping of any petroleum product on airport property must be removed immediately by the operator or owner of the cause or source of spillage or dripping, or by the tenant, concessionaire or other person responsible for the spillage or dripping, in a manner consistent with recommendations of the Department of Environmental Conservation. Any costs incurred by the city for removal of hazardous materials or contaminated soil shall be reimbursed by the persons responsible for the spillage. (Prior code § 5.30.280)

13.20.290 Waste disposal.

Lessees and owners of buildings on airport property shall provide metal trash receptacles with self-closing lids for deposit of used petroleum products including rags or materials contaminated with petroleum products. No petroleum product shall be permitted to enter storm or sanitary sewers, or disposed of on airport property. (Prior code § 5.30.290)

13.20.300 Weapons, explosives and hunting.

A.    Weapons are permitted on the airport only if unconcealed and unloaded except for those carried by duly authorized police officers.

B.    No person may bring explosives onto the airport without complying with Civil Flight Regulations and prior notification to the airport manager.

C.    No hunting is permitted on airport property. (Prior code § 5.30.300)

13.20.310 Remedies and penalties.

Remedies and penalties for violations of this chapter are as provided in Chapter 1.20. (Ord. 01-47 § 18, 2001)