Chapter 13.22
MARINA MUNICIPAL AIRPORT

Sections:

Article I. General Provisions and Definitions

13.22.010    Definitions.

13.22.020    Compliance with Federal Aviation Act and Federal Aviation Regulations.

13.22.030    Airport manager shall enforce rules and regulations.

13.22.040    Compliance with applicable rules and laws.

13.22.050    Compliance with rules by instructors and students of aeronautical activities.

13.22.060    Duties and powers of the airport manager.

13.22.070    Hours of airport operation.

13.22.080    Interference with airport use prohibited.

13.22.090    Entrance on airport operations area restricted.

13.22.100    Entrance on restricted areas prohibited.

13.22.110    Animals at airport.

13.22.120    Liability for airport use.

13.22.130    Review process for aeronautical activity proposals.

13.22.140    Use of airport for commercial activities.

13.22.150    Lease or permit required to conduct commercial business.

13.22.160    Flight/ground instruction.

13.22.170    Aircraft maintenance and repair.

13.22.180    Flying clubs.

13.22.190    Use of airport by airships, dirigibles, free balloons, gliders, ultralight vehicles and parachutists.

13.22.200    Flying model aircraft, kites, moored balloons and model rockets.

13.22.210    Reporting of accidents.

13.22.220    Firearms at the airport.

13.22.230    Disposal of garbage.

13.22.240    Damage to airport property.

13.22.250    Commercial photography and filming.

13.22.260    Club and other private meetings.

13.22.270    Religious, charitable, and political activities.

13.22.280    Financial responsibility.

13.22.290    Fees, rates, and charges.

Article II. Vehicles at Airport

13.22.300    Compliance with state law.

13.22.310    Parking in designated areas.

13.22.320    For-hire vehicles.

13.22.330    Parking on parallel taxiway or on runway prohibited.

13.22.340    Driving in excess of posted speed limit prohibited.

13.22.350    Vehicles to yield right-of-way to aircraft and pedestrians.

Article III. Aircraft on Ground

13.22.360    Aircraft parking in designated areas.

13.22.370    Parking in areas not under lease.

13.22.380    Parking in taxiway areas prohibited.

13.22.390    Unattended aircraft.

13.22.400    Run-up of aircraft powerplants.

13.22.410    Hand-propping of aircraft powerplants.

13.22.420    Relocation or removal of aircraft.

Article IV. Aircraft Taxiing, Landing, and Takeoff

13.22.430    Aircraft operation area defined.

13.22.440    Use of parallel taxiway by aircraft.

13.22.450    Location of aircraft during powerplant run-up.

13.22.460    Taxiing under power into or out of hangar prohibited.

13.22.470    Runway to be used for takeoffs and landings.

13.22.480    Touch-and-go operations.

13.22.490    Exceptions for emergencies.

Article V. Aircraft Traffic Patterns

13.22.500    Compliance with FAA rules.

13.22.510    Airport traffic patterns.

13.22.520    Aircraft approaching to determine airport conditions.

13.22.530    Helicopters.

Article VI. Aircraft Fueling and Defueling

13.22.540    General.

13.22.550    Fueling and defueling restrictions.

13.22.560    Smoking restrictions during fueling and defueling.

13.22.570    Spillage of fuel.

13.22.580    Static discharge precautions.

13.22.590    Fire extinguishers required.

13.22.600    Restrictions on powerplant start-up.

13.22.610    Fueling hoses and defueling equipment.

13.22.620    Connecting devices for fueling and defueling operations.

13.22.630    Self-fueling operations.

Article VII. Airport Fire Safety Rules

13.22.640    Compliance with applicable fire safety rules.

13.22.650    Storage of material and equipment.

13.22.660    Maintenance and cleaning of hangars.

13.22.670    Cleaning of aircraft, aircraft powerplants or other parts.

13.22.680    Disposal of gasoline and other flammable waste products.

13.22.690    Painting and doping of aircraft.

13.22.700    Cutting, welding and spray painting.

13.22.710    Smoking restrictions.

13.22.720    Electrical wire, fixtures, and appliances.

13.22.730    Fixed base operators to provide fire safety training.

13.22.740    Portable fire extinguishers.

13.22.750    Duty to report fire.

13.22.760    Fire marshal drills and inspections.

Article VIII. Ultralight Vehicles

13.22.770    Rules and regulations governing ultralight vehicles.

13.22.780    Prior permission required.

13.22.790    Registration required.

13.22.800    Yielding right-of-way.

13.22.810    Compliance with airport procedures.

13.22.820    Compliance with Federal Aviation Regulations.

Article I. General Provisions and Definitions

13.22.010 Definitions.

As used herein, unless the context clearly indicates otherwise, the following definitions shall apply:

“Aeronautical activity” means and includes all activity and operations involving aircraft both on and in the vicinity of the airport.

“Aeronautical operator” means an individual who engages, as the person-in-command or as pilot, mechanic, or member of the crew, in the operation and navigation of aircraft, or an individual who is directly in charge of the inspection, maintenance, overhauling, or repair of aircraft, aircraft power-plants, propellers, or associated accessories. For the purposes of these rules and regulations, anyone participating in parachute jumping is considered to be an aeronautical operator.

“Agency” means the Marina redevelopment agency.

“Aircraft” means and includes any and all contrivances now or hereinafter used for navigation or flight in air or space, including but not limited to, airplanes, airships, dirigibles, free balloons, helicopters, gyroplanes, gliders, ultra light vehicles, amphibians, and seaplanes.

“Aircraft owner” means the registered or legal owner of an aircraft according to the records of the Federal Aviation Administration.

“Airport” means the Marina municipal airport.

“Airport commission” means the Marina airport commission.

“Airport manager” means the city manager or his/her designee. The city manager may appoint an airport operations manager. In such case, the duties defined and authority provided for in the rules for the airport manager or as specifically defined from time to time by the city manager, shall be that of the airport operations manager.

“Airport operations area” means that portion of the airport designated and used for landing, taking off, taxiing, or surface maneuvering of aircraft. The airport operations area includes aircraft parking and loading ramps and the taxiways serving the general aviation hangar storage areas.

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

“City” means the city of Marina, California.

“Council” means the city council of the city of Marina, California.

“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 to that agency created for the control and operation of aviation and its related functions.

“Fire marshal” means the fire division commander of the city of Marina or his/her designee.

“Fixed base operator” means a person or entity who has obtained a lease or permit to operate as a commercial general aviation concessionaire at the airport.

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

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

“Rules and regulations” refer to the provisions of the ordinance contained herein.

“Ultralight vehicle” means a vehicle intended or used for the purpose of flight and defined and operated in accordance with Part 103 of the Federal Aviation Regulations.

“Vehicle” means a device in, upon, or by which any person or property is or may be propelled on the ground and includes, but is not limited to, automobiles, motorcycles, trucks, off-road vehicles, recreational vehicles, tractors, bicycles, buses, and trailers. For the purposes of these rules and regulations, boats are defined as vehicles. (Ord. 96-01 § 1.1, 1996)

13.22.020 Compliance with Federal Aviation Act and Federal Aviation Regulations.

A.    The Federal Aviation Act of 1958 authorizes the administrator of the FAA to prescribe air traffic rules and regulations governing the flight of aircraft. The Federal Aviation Regulations promulgated by the administrator cover all flights on or in the vicinity of the airport.

B.    Aeronautical operators, aircraft owners, and other users of the airport are required to be familiar with and comply with the Federal Aviation Regulations and, in particular, Part 91, General Operating and Flight Rules, of said regulations. Copies of these Federal Aviation Regulations are available through the nearest Federal Aviation Administration office.

C.    All aeronautical activities at the airport and all flying of aircraft departing from or arriving at said airport shall be conducted in conformity with the Federal Aviation Regulations. (Ord. 96-01 § 1.2, 1996)

13.22.030 Airport manager shall enforce rules and regulations.

The airport manager is empowered to oversee the operations of the airport and to apply and enforce the rules and regulations contained herein. The rules and regulations contained herein apply specifically to the airport and are supplemental to the Federal Aviation Regulations. (Ord. 96-01 § 1.3, 1996)

13.22.040 Compliance with applicable rules and laws.

A.    All persons using the airport shall be subject to, and governed by, the rules and regulations contained herein, and all other applicable provisions of city ordinances and resolutions, county ordinances and resolutions, state and federal laws, and the Federal Aviation Regulations.

B.    The city of Marina and the Marina airport commission retain the right to grant exemptions from these rules and regulations. Requests for said exemptions shall be made in the form and manner prescribed by the city. (Ord. 96-01 § 1.4, 1996)

13.22.050 Compliance with rules by instructors and students of aeronautical activities.

All based instructors of aeronautical activities shall inform their students of the rules and regulations contained herein. All flight instructors shall be responsible for the conduct of students under their direction during dual instruction. When a based student is conducting aeronautical activities at the airport, it shall be the student’s responsibility to observe and abide by these rules and regulations. (Ord. 96-01 § 1.5, 1996)

13.22.060 Duties and powers of the airport manager.

A.    The airport manager shall represent the city at all times in regard to all airport matters. He/she shall also have the following duties and powers:

1.    The airport manager shall at all times have authority to take such actions as may be deemed necessary to safeguard the public in attendance at the airport. Every fixed base operator, aeronautical operator, aircraft owner, or other person employed on or using the airport shall cooperate to enforce these rules and regulations and to see that all persons upon the premises use care to prevent injury to persons or damage to property.

2.    The airport manager may suspend or restrict any or all operations at the airport whenever such action is deemed necessary in the interest of safety.

3.    The airport manager may suspend, as a means of safeguarding the airport and the public, the privileges of the airport and its facilities to any person refusing to comply with these rules and regulations.

4.    The airport manager shall have authority to restrict airport operations to such portion(s) of the airport as he/she may deem necessary or desirable. Any part of the airport temporarily unsafe for aircraft operation which is not available for normal use shall be clearly marked in accordance with recommendations of the FAA.

5.    The airport manager may issue permits or written permission for use of the airport as authorized herein.

6.    The airport manager, in any contingency or emergency not specifically covered by these rules and regulations, is authorized to make such decisions as to him/her may seem proper.

B.    Any person aggrieved by a decision of the airport manager restricting or prohibiting use of the airport and its facilities, or prohibiting or restricting airport operations, may appeal the airport manager’s decision to the Marina airport commission. A notice of appeal stating the grounds therefore shall be filed with the airport commission within ten calendar days following the issuance of the airport manager’s decision. The matter shall be set for hearing by the airport commission within sixty calendar days thereafter. (Ord. 96-01 § 1.6, 1996)

13.22.070 Hours of airport operation.

The airport shall be open for public use at all reasonable hours of the day and night, subject to these rules and regulations and subject to the condition of the landing area, as may be determined by the airport manager. (Ord. 96-01 § 1.7, 1996)

13.22.080 Interference with airport use prohibited.

No person shall unreasonably obstruct, impair, or interfere with the use of the airport by any other person, or unreasonably obstruct, impair, or interfere with the passage and safe, orderly and efficient use of the airport by any other person, vehicle, or aircraft. (Ord. 96-01 § 1.8, 1996)

13.22.090 Entrance on airport operations area restricted.

No person, except aeronautical operators, duly authorized personnel, or other persons going to or from aircraft personally conducted by aeronautical operators or airport attendants, shall be permitted to enter the airport operations area. Any person or persons so excepted does not have the privilege of unrestricted use of the airport operations area. These privileges are confined to the necessary use of such space in connection with flights or routine duties. (Ord. 96-01 § 1.9, 1996)

13.22.100 Entrance on restricted areas prohibited.

No person shall enter any portion of the airport designated a restricted area unless authorized to do so by the airport manager. (Ord. 96-01 § 1.10, 1996)

13.22.110 Animals at airport.

No person shall enter any airport operations area with any animal, excepting a guide dog for the blind or hearing-impaired; public safety K-9 animals; or a leashed or otherwise constrained animal taken to and from an aircraft. 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 at all times. Under no circumstances shall such animals be permitted to become a nuisance or hazard on airport property. (Ord. 96-01 § 1.11, 1996)

13.22.120 Liability for airport use.

A.    The city, its officers, agents, and employees operating the airport assume no responsibility for damage to property stored thereon or property located thereon of persons using the airport facilities, by reason of fire, theft, vandalism, windstorm, flood, earthquake, and/or collision, nor do they assume any liability by reason of injury to persons while on the airport or while using the facilities of same.

B.    The privilege of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user thereof and such user shall release, hold harmless, and indemnify the city, its officers, agents, and employees, against any and all claims arising from use of the airport. (Ord. 96-01 § 1.12, 1996)

13.22.130 Review process for aeronautical activity proposals.

The following procedure will be utilized by the city of Marina to review and act upon proposals for new or substantially revised aeronautical activity at Marina municipal airport. This basic procedure may be modified by the city, as it deems appropriate, to address specific aspects of the proposed aeronautical activity.

A.    Proponent contacts the airport manager expressing an interest in providing an on-airport service or activity.

B.    Airport manager requests that the proponent provide the information identified in the initial application form and provides the proponent with a copy of the Airport Rules and Regulations, a copy of the Airport Layout Plan (if applicable), and, if available, a generic copy of the airport’s typical lease permit.

C.    City reviews the initial application and establishes the appropriate terms and conditions:

1.    Operational review/requirements;

2.    Financial review/requirements;

3.    Property management review/requirements;

4.    Risk management review/requirements;

5.    Legal review/requirements.

D.    Airport manager communicates the proposed lease/permit to the applicant. The lease/permit addresses the following terms and conditions:

1.    Start date/duration;

2.    Services to be provided;

3.    Facilities/areas to be utilized;

4.    Rental rates and fees to be charged to the lease;

5.    Capital improvement requirements;

6.    Special operational procedures and requirements;

7.    Insurance and indemnification requirements;

8.    Standard lease provisions (including FAA language).

E.    Airport commission acts on lease/permit acceptance. (Ord. 96-01 § 1.13, 1996)

13.22.140 Use of airport for commercial activities.

Subject to applicable orders, certificates, or permits of the FAA, or its successors, no person shall use the airport or any portion thereof, or any of its improvements or facilities, as a base for revenue-producing commercial business or activities without compliance with the requirements of this chapter, and other provisions of the city of Marina Municipal Code. Such business or commercial activities shall include, but not be limited to, any business for the operation, service, or repair of aircraft; any solicitation of data or statistical information; the sale or peddling of any goods, merchandise, or food; any advertisements or promotion of goods or services; any offer to sell, rent, or lease goods or services directed to the public. A person is permitted to advertise and sell up to two aircraft per year which they own on a noncommercial basis. (Ord. 96-01 § 1.14, 1996)

13.22.150 Lease or permit required to conduct commercial business.

A.    No commercial business shall be conducted on the airport without the operator thereof having a current lease or permit which has been approved by the city council and a city business license.

1.    Such lease or permit shall define the areas of airport land and facilities to be used by the tenant or operator.

2.    Such lease or permit shall stipulate services to be rendered and that the operator may charge reasonable fees for such services.

B.    It is unlawful for any person not so authorized by lease or permit to engage in any commercial business at the airport, including the operation, service, or repair of aircraft on airport premises for hire. (Ord. 96-01 § 1.15, 1996)

13.22.160 Flight/ground instruction.

No person shall hold himself/herself out as a flight/ground instructor or give flight/ground instruction for compensation or other consideration using the airport as a base of operations except in compliance with the following requirements:

A.    The instructor shall register with the airport manager, demonstrate that he/she has a valid and current flight/ground instructor’s certification from the FAA or other certificating agency acceptable to the city and, except for designated employees of holders of a city-issued commercial operations permit for flight/ground instruction, obtain a permit from the airport commission.

B.    All persons instructing or checking out pilots in flying at the airport shall fully inform the pilots of the noise abatement procedures and rules and regulations in effect at the airport and shall be responsible for the conduct of such student pilots under their instruction. (Ord. 96-01 § 1.16, 1996)

13.22.170 Aircraft maintenance and repair.

No person shall hold himself/herself out as an aircraft mechanic or maintain or repair the aircraft of another person for compensation or other consideration on the airport except in compliance with the following requirements:

A.    The mechanic shall register with the airport manager, demonstrate that he/she has a valid and current aircraft mechanics certification from the FAA and, except for designated employees of holders of a city-issued commercial operations permit for aircraft maintenance and repair, obtain a permit from the airport commission. The requirement that the mechanic demonstrate that he/she has a valid and current aircraft mechanics certification from the FAA shall not apply to individuals engaged in the maintenance of ultralight vehicles as defined and regulated through Part 103 of the Federal Aviation Regulations.

B.    No aircraft shall be permitted to remain on any part of the taxiway, landing or takeoff area of the airport for the purpose of repairs, and all repairs shall be affected at places designated therefor. Preventive maintenance described in Federal Aviation Regulation Part 43 for holders of a pilot certificate shall be permitted in aircraft parking and storage areas of based aircraft but shall be limited to such maintenance and repairs that do not impede the flow of ground traffic in the area or interfere with access to aircraft or aircraft movement. Other maintenance authorized by FAA Advisory Circular 150/5190-2A shall be performed in areas designated by the airport manager. Normal tiedown fees will apply while the aircraft is being repaired.

C.    Aircraft parts, tools, or supplies shall not be permitted to accumulate in designated aircraft parking or storage areas. Persons conducting maintenance or repair activities shall be responsible for the prompt clean-up of such areas and removal of any accumulated material.

D.    No person shall park, store or leave unairworthy aircraft, wrecks, derelicts or parts thereof anywhere on the airport in public view. Such aircraft may be temporarily stored on property leased by a fixed base operator, provided that the aircraft is appropriately screened from public view or is stored in a hangar while awaiting repair or disposal. The airport manager may, at the aircraft owner’s expense, tow away, remove and store any aircraft or parts thereof found stored or otherwise left on the airport in violation of this rule. (Ord. 96-01 § 1.17, 1996)

13.22.180 Flying clubs.

A.    A flying club must be organized as a nonprofit corporation under the laws of the state or of the United States, or as a duly organized and functioning, unincorporated association for the purpose of fostering flying for pleasure, developing skills in aeronautics, including pilotage, navigation, and developing public awareness and appreciation of aviation requirements and techniques in the field of aviation and aeronautics.

B.    A current roster of officers, directors, and club members must be filed with the airport manager.

C.    All aircraft owned, leased, or used by the flying club must be registered with the airport manager. Club members cannot engage in, and club aircraft cannot be used for, commercial ventures, purposes, or operations and must comply with these rules and regulations. (Ord. 96-01 § 1.18, 1996)

13.22.190 Use of airport by airships, dirigibles, free balloons, gliders, ultralight vehicles and parachutists.

Operators of airships, dirigibles, free balloons, gliders, ultralight vehicles, and parachutists using the airport shall at all times comply with these rules and regulations and with such special operational procedures and requirements as may be established from time to time by the airport manager.

Ultralight vehicle operations are governed by Article VIII of this chapter entitled “Ultralight Vehicles.”

Persons desiring to operate airships, dirigibles, free balloons, gliders, ultralight vehicles and parachutists at the airport shall first obtain the written permission of the airport manager. Such permission shall be requested in the manner and form prescribed by the airport commission. (Ord. 96-01 § 1.19, 1996)

13.22.200 Flying model aircraft, kites, moored balloons and model rockets.

No person shall release or fly or cause to be released or flown, within three statute miles of the center of the airport runway, any moored balloon, kite, unmanned rocket, or unmanned free balloon which might be ingested by an aircraft engine, might cause a pilot’s view of the airport and approach departure zone to be obstructed, which could be used to suspend an object capable of endangering airborne aircraft or impairing a pilot’s vision, or otherwise interferes with aircraft operations. The provisions of Federal Aviation Regulation Part 101 relating to moored balloons, kites, unmanned rockets and unmanned free balloons shall be met.

Flying of radio-controlled and free-flight model aircraft within the Marina City limits shall conform to FAA Advisory Circular 91-57, dated June 9, 1981, or as subsequently amended; and if flown within three statute miles of the airport, the operator shall first notify the airport manager.

Persons desiring to operate model aircraft, kites, moored balloons, and model rockets on airport property shall first obtain the written permission of the airport manager. (Ord. 96-01 § 1.20, 1996)

13.22.210 Reporting of accidents.

Any person involved in an accident at the airport which results in damage or injury to one or more persons or to property shall promptly report such occurrences to the airport manager. (Ord. 96-01 § 1.21, 1996)

13.22.220 Firearms at the airport.

A.    No person except peace officers, duly authorized government employees, members of the Armed Forces of the United States, or other persons duly authorized by law to carry a firearm or similar instrument in his/her possession shall have any of the following in his/her possession on airport property: any firearm, fireworks, gun, pistol, revolver, explosive of similar nature, airgun, BB gun, pellet gun, crossbows, bows and arrows, or any other similar instrument.

B.    Exceptions.

1.    This prohibition shall not apply to persons possessing flare guns or other aircraft survival equipment nor to persons legally carrying firearms in cases, which are broken down, and unloaded.

2.    This prohibition shall not apply to the temporary storage of legal fireworks on the airport. Any such storage shall require the approval of the airport commission. (Ord. 96-01 § 1.22, 1996)

13.22.230 Disposal of garbage.

No person shall dispose of garbage, papers, refuse, or other material on the airport except in receptacles provided for that purpose. No person shall abandon any personal property on the airport. (Ord. 96-01 § 1.23, 1996)

13.22.240 Damage to airport property.

It is unlawful for any person to destroy, damage, or deface or cause to be destroyed, damaged, or defaced any public property located at the airport. Any person causing or responsible for such destruction or damage shall report such damage to the airport manager and upon demand of the airport manager shall reimburse the airport for the full amount of the damage. Any person failing to report and/or reimburse the airport for damage may be refused the use of any facility until and unless said report and/or reimbursement is made. The remedial actions identified herein shall be non-exclusive with respect to any other remedy of law that the city may wish to pursue. (Ord. 96-01 § 1.24, 1996)

13.22.250 Commercial photography and filming.

No person shall take still, motion, sound, or video pictures for commercial purposes on the airport without: permission from the airport manager.

Exception: this section shall not apply to representatives of the press and other news services reporting on persons or events which are on the news, excepting that all such persons must obtain permission from the airport manager prior to entrance on the airport operations area. (Ord. 96-01 § 1.25, 1996)

13.22.260 Club and other private meetings.

No person shall sponsor or conduct club, association, or other private meetings on airport property except as authorized in writing by the airport manager or pursuant to a lease or rental agreement. (Ord. 96-01 § 1.26, 1996)

13.22.270 Religious, charitable, and political activities.

A.    No person or organization shall sponsor or conduct any of the following activities on the airport without first obtaining a special activity permit from the airport commission:

1.    Any public parade, rally, or demonstration;

2.    Any public distribution or offer for sale of pamphlets, circulars, or other written materials for religious, charitable, political, or other noncommercial uses;

3.    The carrying, posting, or displaying of any signs or placards for religious, charitable, political, or other noncommercial purposes;

4.    Solicitation of Contributions. For purposes of this section, “contributions” means and includes the words: donations, money, alms, food, clothing, subscriptions, property, credit, financial assistance, or other thing of value;

5.    Any air show or other special air event;

6.    Any public exhibition, show, commercial demonstration, or similar event on airport property;

7.    Any other special event on airport property which is open to the general public.

B.    A verified application for a permit shall be filed with the airport manager in a form and manner as provided for by the airport manager.

C.    The airport commission may condition the issuance of a permit by imposing reasonable requirements concerning the time, place, and manner of the activity and such requirements as are necessary to protect the safety of persons and property, normal operations of the airport, and compliance with all applicable laws. (Ord. 96-01 § 1.27, 1996)

13.22.280 Financial responsibility.

All owners of aircraft regularly situated at the airport shall be financially responsible. Any such owner shall, upon request of the city, furnish the city with evidence of financial responsibility. The minimum financial responsibility required pursuant to this section shall be established by resolution of the city council.

If evidence of financial responsibility is required, said evidence shall consist of a certificate of insurance or a bond issued by an insurance company or a surety company duly authorized to transact business in the state of California. Said evidence of financial responsibility shall also include the naming of the city, its officers, agents, and employees as additional named insureds.

If the owner of an aircraft regularly situated at the airport fails or refuses to furnish the city with the required evidence of financial responsibility when so requested, the owner shall thereafter be prohibited from basing any aircraft which he may own at the airport until such time as he/she complies with the provisions of this section. (Ord. 96-01 § 1.28, 1996)

13.22.290 Fees, rates, and charges.

A schedule of fees, rates, and charges for use of airport areas and facilities shall be established from time to time by resolution of the city council. (Ord. 96-01 § 1.29, 1996)

Article II. Vehicles at Airport

13.22.300 Compliance with state law.

Every person who operates any vehicle, 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 in cases of emergency involving life or property. (Ord. 96-01 § 2.1, 1996)

13.22.310 Parking in designated areas.

A.    The city shall designate by appropriate posting the following:

1.    Places where vehicles mayor may not be parked on the airport. Vehicles shall not be left standing on runways and taxiways.

2.    The period of time for which vehicles may be parked at any place on the airport.

B.    No vehicle, including but not limited to, automobiles, trucks, recreational vehicles, trailers, and boats, shall be repaired, maintained, or parked for extended periods of time on the airport without the approval of the airport manager.

C.    No vehicle shall be abandoned on airport property.

D.    The city shall be authorized to remove any vehicle parked or abandoned on any roadway, parking area, or other posted area of the airport in violation of this chapter, and to impound the same at the owner’s expense and without liability to the city for damages which may result from, or in the course of such moving and storage. (Ord. 96-01 § 2.2, 1996)

13.22.320 For-hire vehicles.

No common carrier vehicle or vehicle-for-hire shall load passengers or stand at the airport at any place other than in the area designated by the airport manager, nor shall such conveyance operate on the airport without a certificate of necessity (and other required permits) from the city of Marina. (Ord. 96-01 § 2.3, 1996)

13.22.330 Parking on parallel taxiway or on runway prohibited.

Vehicles, except emergency vehicles, shall not be driven onto the parallel taxiway or runway without the express written permission of the airport manager. Such authorized vehicles shall be distinctly painted or marked in accordance with the provisions of the current FAA requirements for marking of vehicles used on landing areas. Said markings shall include a checkered flag for each vehicle or emergency lights activated for public safety vehicles. Automobile parking may be permitted in specified general aviation aircraft parking and storage areas. (Ord. 96-01 § 2.4, 1996)

13.22.340 Driving in excess of posted speed limit prohibited.

No vehicles shall be driven upon any road or upon other areas within the perimeter of the airport in excess of the speed which is posted at the entrance to the airport or upon a particular road or area. The driver of every vehicle shall adhere to any sign posted to regulate vehicular traffic or about the airport for the public safety. In unsigned areas, the speed limit shall be fifteen miles per hour. (Ord. 96-01 § 2.5, 1996)

13.22.350 Vehicles to yield right-of-way to aircraft and pedestrians.

All vehicles except emergency vehicles engaged in emergency activity shall at all times yield the right-of-way to any and all aircraft and pedestrians. (Ord. 96-01 § 2.6, 1996)

Article III. Aircraft on Ground

13.22.360 Aircraft parking in designated areas.

Aircraft shall be parked in designated areas administered by the city and in areas leased or otherwise as assigned by the city to commercial operators or aircraft owners. Aircraft owners or operators may also park aircraft in privately-owned hangars erected on land leased by the owner from the city. (Ord. 96-01 § 3.1, 1996)

13.22.370 Parking in areas not under lease.

No aircraft shall be parked in areas not under lease without special written permission of the airport manager, who may authorize such parking as a temporary measure or as an interim measure pending the execution of a lease or agreement. (Ord. 96-01 § 3.2, 1996)

13.22.380 Parking in taxiway areas prohibited.

Taxiway areas shall be maintained open to taxiing aircraft at all times and no aircraft or vehicle shall be parked in such taxiway areas or left unattended in such a manner as to interfere with the free flow of traffic. (Ord. 96-01 § 3.3, 1996)

13.22.390 Unattended aircraft.

No aircraft shall be left unattended on the airport unless properly secured in a tiedown or within a hangar. Owners of aircraft shall be responsible for damage resulting from failure to comply with this section. The aircraft operator/owner shall be responsible for ensuring the adequacy and suitability of the tiedown equipment. (Ord. 96-01 § 3.4, 1996)

13.22.400 Run-up of aircraft powerplants.

Aircraft powerplants shall be run-up only in designated areas. At no time shall powerplants be run-up when aircraft, hangars, shops, other buildings, or persons in observation areas are in the path of the propeller slipstream, rotor wash, or jet blast. (Ord. 96-01 § 3.5, 1996)

13.22.410 Hand-propping of aircraft powerplants.

Hand-propping of aircraft powerplants is prohibited except when the design of the aircraft is such that this is the only method of starting. When hand-propping is necessary, the operator of the aircraft shall take such appropriate actions to ensure that the starting process is conducted safely and without hazard to persons or property. This shall include, when applicable, the application of parking brakes, the chocking of wheels, and/or securely tying the aircraft down. (Ord. 96-01 § 3.6, 1996)

13.22.420 Relocation or removal of aircraft.

A.    Upon the direction of the airport manager, the operator, owner, or pilot of any aircraft 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, the airport manager may have the aircraft moved to such place at the owner’s expense and without liability for damage that may result from such moving.

B.    Aircraft owners and their agents and pilots shall be responsible for the prompt removal from the airport of disabled aircraft and their parts, except for salvage and repair conducted under the terms of a permit within an enclosed hangar, unless required or directed to delay this action by a duly authorized representative of the FAA, National Transportation Safety Board, or city, pending investigation of an accident.

C.    If any person refuses or is unable to relocate or remove an aircraft in a timely manner as directed by the airport manager, said aircraft may be towed away or otherwise removed and stored by the airport manager at the owner’s or operator’s expense, and without liability for damage which may result in the course of or after such moving and storage. The same shall apply to removal and storage of a wrecked or damaged aircraft and its parts. (Ord. 96-01 § 3.7, 1996)

Article IV. Aircraft Taxiing, Landing, and Takeoff

13.22.430 Aircraft operation area defined.

The “airport operations area at the airport” is defined as the runway, taxiways, and other areas of the airport utilized for landing, taking off, taxiing, and surface maneuvering of aircraft. The airport operations area includes aircraft parking and loading ramps and the taxiways serving the general aviation hangar storage areas. (Ord. 96-01 § 4.1, 1996)

13.22.440 Use of parallel taxiway by aircraft.

A.    All aircraft preparing to take-off shall taxi via the parallel taxiway to the end of the runway for takeoff. Midfield or intersection takeoffs are prohibited.

B.    All landing aircraft returning to the airport flight line shall leave the runway on the first available exit taxiway which is practical in order to keep the runways clear for approaching and departing aircraft. Aircraft shall not make one hundred eighty turns on the runway after landing unless no taxiway is available, but shall continue straight ahead until reaching the first available taxiway and shall clear the runway as soon as possible. (Ord. 96-01 § 4.2, 1996)

13.22.450 Location of aircraft during powerplant run-up.

Taxiing aircraft shall be stopped at a distance from the end of each runway, as marked by FAA standard broken yellow lines, for the purpose of powerplant run-up and pre-departure checks. Prior to taxiing onto the runway, aircraft shall be turned to provide the pilot with a clear view of approaching aircraft, and it shall be his/her responsibility to remain clear of other traffic. No aircraft shall be taxied onto a runway until ready for immediate takeoff nor shall aircraft remain stationary on the runway for an extended period of time. (Ord. 96-01 § 4.3, 1996)

13.22.460 Taxiing under power into or out of hangar prohibited.

Aircraft shall not be taxied under power into or out of any hangar, nor shall aircraft powerplants be started or run inside any hangar. (Ord. 96-01 § 4.4, 1996)

13.22.470 Runway to be used for takeoffs and landings.

Landings and takeoffs shall be made on the runway most nearly aligned with the wind indicator at the airport. When wind conditions are calm, Runway 29 shall be used. (Ord. 96-01 § 4.5, 1996)

13.22.480 Touch-and-go operations.

The airport manager may regulate practice touch-and-go operations whenever traffic volume is such that such regulation is necessary for the safe, orderly, efficient, and environmentally acceptable operation of the airport. (Ord. 96-01 § 4.6, 1996)

13.22.490 Exceptions for emergencies.

Exceptions to the rules and regulations governing landing and takeoff specified in this chapter shall only be made in an emergency requiring immediate action as provided in Part 91.3 of the Federal Aviation Regulations. (Ord. 96-01 § 4.7, 1996)

Article V. Aircraft Traffic Patterns

13.22.500 Compliance with FAA rules.

All aircraft arriving at or departing from the airport shall conform to the FAA rules, regulations, and recommendations for aeronautical operations at airports without an operating control tower (FAA Advisory Circular No. 90-66A). (Ord. 96-01 § 5.1, 1996)

13.22.510 Airport traffic patterns.

Except for ultralight vehicle operations which are governed by Article VIII of this chapter, the traffic patterns for fixed-wing aircraft at the airport shall be as follows:

A.    A standard left-hand rectangular pattern shall be utilized for Runway 11. A standard right-hand rectangular pattern shall be utilized for Runway 29. All traffic patterns are on the north side of the runway.

B.    When consistent with the safe operation of aircraft, all aircraft operators shall comply with the noise abatement procedures established for the airport.

C.    Traffic pattern altitude at one thousand one hundred thirty-four feet above mean sea level (one thousand feet above airport elevation) for all single-engine piston-powered fixed-wing aircraft.

D.    Traffic pattern altitude at one thousand six hundred thirty-four feet above mean sea level (one thousand five hundred feet above airport elevation) for all multi-engine aircraft and turbine-powered fixed-wing aircraft.

E.    All aircraft operations within the airport traffic pattern shall be conducted in accordance with Part 91 of the Federal Aviation Regulations and applicable FAA Advisory Circulars.

F.    Aircraft with an approach speed less than forty mph are governed by Article VIII of this chapter entitled “Ultralight Vehicles.” (Ord. 96-01 § 5.2, 1996)

13.22.520 Aircraft approaching to determine airport conditions.

All aircraft approaching to determine airport conditions should remain at two thousand one hundred thirty-four feet above mean sea level (two thousand feet above airport elevation) or more until entering the traffic pattern. It is recommended that aircraft entering, remaining in, or departing the airport traffic pattern announce their intentions and locations on the appropriate UNICOM radio frequency (122.9 mHz). (Ord. 96-01 § 5.3, 1996)

13.22.530 Helicopters.

Helicopters arriving at or departing from the airport shall operate clear of the fixed-wing aircraft traffic patterns as specified in this chapter and shall operate on or over the field well clear of fixed-wing aircraft. (Ord. 96-01 § 5.4, 1996)

Article VI. Aircraft Fueling and Defueling

13.22.540 General.

Aviation fuels and/or lubricants shall not be sold or dispensed into any aircraft or other containers on the airport except in such a manner and under such terms and conditions as may be prescribed by the airport manager. (Ord. 96-01 § 6.1, 1996)

13.22.550 Fueling and defueling restrictions.

No aircraft shall be fueled or defueled at the airport while the aircraft powerplant(s) is running or while such aircraft is in a hangar or enclosed space. (Ord. 96-01 § 6.2, 1996)

13.22.560 Smoking restrictions during fueling and defueling.

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. 96-01 § 6.3, 1996)

13.22.570 Spillage of fuel.

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. Any spillage of fuel shall be expeditiously cleaned up in an environmentally sound manner. Any spillage of fuel totaling more than two gallons shall be reported in a timely manner to the airport manager. (Ord. 96-01 § 6.4, 1996)

13.22.580 Static discharge precautions.

No person shall use any material or create any condition likely to cause a static discharge during fueling or defueling of aircraft. (Ord. 96-01 § 6.5, 1996)

13.22.590 Fire extinguishers required.

Fire extinguishers (minimum Class ABC) shall be within ready reach of persons engaged in fueling and defueling operations at all times. (Ord. 96-01 § 6.6, 1996)

13.22.600 Restrictions on powerplant start-up.

No person shall start the powerplant of any aircraft when there is an appreciable quantity of fuel on the ground under the aircraft. (Ord. 96-01 § 6.7, 1996)

13.22.610 Fueling hoses and defueling equipment.

Fueling hoses and defueling equipment shall be maintained in a safe, sound, and nonleaking condition at all times. (Ord. 96-01 § 6.8, 1996)

13.22.620 Connecting devices for fueling and defueling operations.

During fueling and defueling, the aircraft and dispensing device shall be properly connected. (Ord. 96-01 § 6.9, 1996)

13.22.630 Self-fueling operations.

All self-fueling operations shall be conducted in full compliance with all federal, state, local, and airport rules, regulations, and procedures. (Ord. 96-01 § 6.10, 1996)

Article VII. Airport Fire Safety Rules

13.22.640 Compliance with applicable fire safety rules.

All persons using the airport shall comply with the airport fire safety rules contained in this chapter and with all fire safety laws, ordinances, and regulations. (Ord. 96-01 § 7.1, 1996)

13.22.650 Storage of material and equipment.

A.    No person shall store or stock material or equipment so as to constitute a fire hazard.

B.    With the exception of fuel and oil contained within an aircraft’s designed fuel system, no person shall store or place any flammable liquids, solids, gases, signal flares, or similar hazardous materials within any hangar or building except in areas, rooms, or containers specifically approved by the fire marshal. Such storage shall be in approved containers not exceeding five gallons in size approved by the Underwriters’ Laboratories, Inc. (Ord. 96-01 § 7.2, 1996)

13.22.660 Maintenance and cleaning of hangars.

A.    All tenants of buildings shall maintain the floors of hangars, hangar ramps, and adjacent areas fee and clear of oil, grease, debris, and other flammable materials.

B.    No person shall use flammable substances for cleaning floors of hangars or other buildings. (Ord. 96-01 § 7.3, 1996)

13.22.670 Cleaning of aircraft, aircraft powerplants or other parts.

The cleaning of aircraft, aircraft powerplants, or other parts using solvents shall be limited in scope and only nonflammable or high flash point solvents shall be used. Such cleaning, operations, including steam cleaning, shall only be permitted in areas specifically approved in writing by the airport manager. Drip and collecting pans shall be used during any cleaning process. Solvents and cleaning materials shall be properly disposed in an approved and environmentally sound manner. (Ord. 96-01 § 7.4, 1996)

13.22.680 Disposal of gasoline and other flammable waste products.

No person shall dispose of gasoline, oil, solvent, or other flammable waste products in any drain, manhole, open ditch, or other airport areas. All such products shall be properly disposed in an approved and environmentally sound manner. (Ord. 96-01 § 7.5, 1996)

13.22.690 Painting and doping of aircraft.

Painting and doping of aircraft with flammable liquids shall be conducted only in areas or in buildings approved in writing by the fire marshal. (Ord. 96-01 § 7.6, 1996)

13.22.700 Cutting, welding and spray painting.

Cutting, welding, and spray painting operations shall be conducted only within areas or buildings approved by the fire marshal. (Ord. 96-01 § 7.7, 1996)

13.22.710 Smoking restrictions.

No person shall smoke any cigarette, cigar, or pipe or strike any match or kindle any flame whatsoever within fifty feet of any aircraft while being fueled, or within fifty feet from fuel islands or any flammable liquid container, or within any aircraft workshop located upon the airport, except as approved in writing by the fire marshal. (Ord. 96-01 § 7.8, 1996)

13.22.720 Electrical wire, fixtures, and appliances.

All electrical wiring, fixtures, and appliances shall be installed and maintained in accordance with the City Building Code. (Ord. 96-01 § 7.9, 1996)

13.22.730 Fixed base operators to provide fire safety training.

Each fixed base operator shall institute training programs for employees in the use of portable fire extinguishing equipment and methods of evacuating or relocating occupants of the premises in case of fire or other emergency. (Ord. 96-01 § 7.10, 1996)

13.22.740 Portable fire extinguishers.

A.    Portable fire extinguishers shall be provided and installed by each fixed base operator within the operator’s leased area, as directed by the fire marshal as to number, type, and location.

B.    Portable fire extinguishers shall not be moved from designated locations for any reasons other than as a precaution against an immediate hazard or to be recharged.

C.    Access to all fire extinguishing equipment shall be kept free and unobstructed at all times. Portable fire extinguishers shall be inspected periodically by the fire marshal. (Ord. 96-01 § 7.11, 1996)

13.22.750 Duty to report fire.

Every person who becomes aware of any fire or smoldering combustion of any unwarranted or insidious nature which is not confined within equipment designed for fire or which is a hazard to the premises shall report said fire or smoldering combustion without delay to the local fire department. (Ord. 96-01 § 7.12, 1996)

13.22.760 Fire marshal drills and inspections.

Fire prevention inspections shall be conducted by the fire marshal and fire drills shall be held at his/her discretion. The airport manager and/or fire marshal shall, upon reasonable notice to the tenant, have the right to enter any structure, aircraft, or vehicle on the airport at any time for the purpose of inspection and assuring compliance with all airport rules, regulations, and fire safety requirements. (Ord. 96-01 § 7.13, 1996)

Article VIII. Ultralight Vehicles

13.22.770 Rules and regulations governing ultralight vehicles.

All person-carrying air vehicles not formally certificated by the FAA are considered ultralight vehicles. Such vehicles are defined and regulated through Part 103 of the Federal Aviation Regulations. Due to the vehicles’ unique operating characteristics, flight procedures, and minimal Federal Aviation Regulations, this chapter shall establish specific rules and regulations governing ultralight vehicle operators and operations as defined in FAR Part 103. All other provisions of this chapter, excepting Article V governing aircraft traffic patterns, are applicable to ultralight vehicle operators. (Ord. 96-01 § 8.1, 1996)

13.22.780 Prior permission required.

For safety reasons, all ultralight vehicle operations shall require approval of the airport manager for each arrival or departure. At the discretion of the airport manager, multiple ultralight vehicle arrival and departure operations may be approved. (Ord. 96-01 § 8.2, 1996)

13.22.790 Registration required.

Prior to operating an ultralight vehicle at the airport, the operator shall register with the airport manager. This registration is free of charge, valid for one year and may be renewed upon request. Transient operations do not require registration with the airport but transients shall notify the airport by radio or telephone in advance. Ultralight vehicle operators shall, at the request of the airport manager, present registration certificates or ultralight vehicles for inspection. (Ord. 96-01 § 8.3, 1996)

13.22.800 Yielding right-of-way.

In accordance with FAA Part 103.13, ultralight vehicle operators shall maintain vigilance so as to see and avoid conventional aircraft and shall yield the right-of-way to all conventional aircraft. (Ord. 96-01 § 8.4, 1996)

13.22.810 Compliance with airport procedures.

All ultralight vehicle operators shall comply with the special traffic pattern and operational procedures established for ultralight vehicles at and in the vicinity of the airport. (Ord. 96-01 § 8.5, 1996)

13.22.820 Compliance with Federal Aviation Regulations.

All ultralight vehicles arriving at or departing from the airport shall conform to the Federal Aviation Regulations and FAA Advisory Circular recommendations for ultralight vehicles operations at airports without an operating control tower. (Ord. 96-01 § 8.6, 1996)