Chapter 12.20 COUNTY AIRPORT REGULATIONS

This chapter may be referred to as the “Alpine County Airport Rules and Regulations.” It may be amended by a majority vote of the county board of supervisors. (Ord. 392 § 1, 1979)

12.20.020 Applicability of provisions.

This chapter applies equally to every user of the Alpine County Airport, Markleeville. (Ord. 392 § 2, 1979)

12.20.030 Definitions.

For the purposes of this chapter, the following definitions and meanings shall apply unless otherwise specified:

1. “Air carrier” means any person who undertakes directly, by lease, or other arrangement, to engage in air transportation of persons or things. They operate, in various categories, under authority or certification by the U.S. Civil Aeronautics Board and/or the California Public Utilities Commission. Categories include certificated route air carriers, trunk carriers, flag carriers, local service carriers, all-cargo carriers, helicopter carriers, commercial air operators, air taxi operators, and charter air carriers.

2. “Aircraft” means a device that is used, or intended to be used, for flight in the air. It includes airplanes, helicopters and gliders, and lighter than air devices such as: blimps or balloons, but does not include hang gliders.

3. “Airport” means the Alpine County Airport, Markleeville, its facilities and all lands owned by Alpine County contiguous to the airport, including airspace above such land and the designated approaches thereto.

4. “Airport manager” means the county director of public works.

5. “Air traffic” means aircraft operation in the air or on an airport surface, exclusive of loading ramps or parking areas.

6. “Air traffic clearance” means an authorization issued by air traffic control personnel for an aircraft to proceed under specified traffic conditions within controlled airspace.

7. “Autorotation” means a rotorcraft flight condition in which the lifting rotor is driven entirely by action of the air when the rotorcraft (helicopter) is in motion.

8. “Balloon” means a lighter-than-air aircraft which is not engine-driven.

9. “Ceiling” means the height above the earth’s surface of the lowest layer of clouds or obscuring phenomena, that is reported as “broken,” “overcast” or “obscuration,” and is not classified “thin” or “partial.”

10. “Commercial operator” means any person who, for compensation or hire, engages in the carriage of persons, property, or mail in air commerce, or engages in other aerial activity such as flight instruction, aerial photography, fire fighting, agricultural aviation activities, or traffic surveillance.

11. “County” means the county of Alpine.

12. “Commercial use” means use of the Alpine County Airport for revenue producing commercial activities.

13. “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action, such as, but not limited to, fire suppression, search and rescue, and aircraft failure.

14. “Fixed base operator” means any person who rents, leases, or owns facilities located on the Alpine County Airport, who by virtue of his specific type of aviation (or aviation related) activity, requires the occupancy of a site with contiguous aircraft apron and direct access to the aircraft operation area, and who engages in a business activity providing aviation sales or services, including, but not limited to any of the following:

a. Selling and/or servicing new and used aircraft and component parts;

b. Aircraft maintenance and repairs;

c. Sales and/or repair of avionics;

d. Aviation training (including ground or flight instruction);

e. Aerial photography;

f. Air ambulance service;

g. Aircraft agricultural operations (cropdusting, spraying, or the application of seed, fertilizers, pesticides, defoliants, etc.); and

h. Aircraft rental, charter, leasing.

15. “Flight visibility” means the average forward horizontal distance from the cockpit of an aircraft in flight, at which prominent unlighted objects may be seen and identified by day, and prominent lighted objects may be seen and identified by night.

16. “Ground visibility” means prevailing horizontal visibility near the earth’s surface.

17. “Helicopter” means a rotor driven aircraft (rotorcraft) that, for its horizontal motion, depends primarily on its engine-driven rotors.

18. “IFR” means instrument flight rules covering meteorological conditions below the minimums for flight under visual (VFR) conditions.

19. “Maintenance” means inspection, overhaul, repair, preservation, and the replacement of parts, but excludes preventive maintenance.

20. “Maximum gross landing weight” means the maximum landing weight stipulated for a particular aircraft by the Federal Aviation Administration (FAA).

21. “Night” means the time between the end of evening civil twilight and the beginning of morning civil twilight as published in the American Air Almanac, converted to local time.

22. “Person” means an individual, firm, partnership, corporation, company, association, joint-stock association, or governmental entity, and includes a trustee, receiver, assignee, or similar representative of any of them.

23. “Public works office” means office of airport manager (director of public works in Woodfords, California).

24. “Traffic pattern” means the traffic flow that is prescribed for aircraft landing at, or taking off from the Alpine County Airport (Markleeville).

25. “VFR” means visual flight rules covering meteorological conditions, above those requiring flight under IFR conditions.

26. Word Construction. The following construction applies throughout this chapter:

a. Words importing the singular include the plural;

b. Words importing the plural include the singular; and

c. Words importing the masculine gender include the feminine. (Ord. 392 § 4, 1979)

12.20.040 Purpose of provisions.

The ordinance codified in this chapter is enacted to protect the health, safety and peace, and to promote the welfare and convenience of the general public using the airport, or affected by activities related to the airport by providing for the orderly conduct of activities on, or related to, the airport. (Ord. 392 § 5, 1979)

12.20.050 Administrative authority.

It shall be the responsibility of the director of public works of Alpine County Airport to fairly and impartially administer the Alpine County Airport rules and regulations. (Ord. 392 § 3(A), 1979)

12.20.060 Airport closure.

The airport manager is directed and authorized to close the airport, or portion thereof, or suspend operations related to the landing, takeoff, or taxiing of aircraft during any period in which he determines that such operations, or their continuance, would be hazardous. Causes for such closure could include, but would not be limited to, adverse weather conditions, runway maintenance or repairs, runway obstacles, fire, aircraft or other accident. Any such closure shall be effective only during such time as there is placed at each end of each runway so closed, a letter “X,” the arms of which are at least twenty feet long and two feet wide, and so colored as to contrast with the background or other surface. The airport manager shall immediately notify the nearest flight service station. (Ord. 392 § 27, 1979)

12.20.070 Familiarity with regulations—User responsibility.

It shall be the responsibility of every user of the Alpine County Airport, pilot or other, to become familiar with the Alpine County Airport rules and regulations and to obey those rules and regulations. A copy will be maintained current to reflect any amendments and will be available at the county department of public works office. Additional copies will be provided by the director of public works to any user of the airport who requests such copy. (Ord. 392 § 3(B), 1979)

12.20.080 Restricted areas.

No person shall enter any restricted area which is posted or closed to the public except:

A. Persons duly authorized by the airport manager; or

B. Law enforcement or fire-fighting personnel; or

C. Members of the board of supervisors. (Ord. 392 § 13, 1979)

12.20.090 Animals.

No person shall wilfully and knowingly permit any animal owned, possessed, or harbored by him to enter the airport unless the animal is leashed or restricted in such manner as to be under control, or is in a shipping container, or is otherwise under physical restraint. (Ord. 392 § 14, 1979)

12.20.100 Access to runways.

No person shall enter upon the runway of the airport, except in an aircraft, without the express consent of the airport manager or his designated representative. (Ord. 392 § 15, 1979)

12.20.110 Motor vehicle operation.

A. No person shall travel on any portion of the airport except upon the roads, walks, or places provided for the particular class of traffic, nor occupy the roads or walks in such manner as to hinder or obstruct their proper use, except as authorized by the airport manager.

B. Motor vehicle traffic shall yield the right-of-way to aircraft.

C. Any accident, involving a motor vehicle, which results in a fatality or injury, or in property damage shall be reported by the driver to the airport manager.

D. No person shall operate any motor vehicle on the airport in excess of twenty miles per hour (except emergency vehicles responding to an emergency situation). In the aircraft parking lot, speed shall not exceed ten miles per hour.

E. No person may operate a motor vehicle or aircraft in or on any portion of the airport while under the influence of intoxicating liquor or drugs. (Ord. 392 § 22, 1979)

12.20.120 Commercial activity.

No person shall utilize the airport for any revenue-producing commercial activities without first obtaining a clearance from the airport manager and notifying the board of supervisors. (Ord. 392 § 7, 1979)

12.20.130 Fuel sales.

No person shall deliver aviation fuels or lubricants to or dispense such fuel from, at, or upon the airport without a clearance from the airport manager, unless there is an emergency. (Ord. 392 § 24, 1979)

12.20.140 Based aircraft—Registration and airport use rules.

Any person desiring to store or base his aircraft at the airport shall register his aircraft at the public works office prior to beginning such storage or operations, and at any time that a change in ownership occurs. The use of the airport or any of its facilities in any manner shall create an obligation on the part of the user to obey all of the rules and regulations herein provided. (Ord. 392 § 6, 1979)

12.20.150 Based aircraft—Liability insurance.

Each aircraft based at the airport must be covered by bodily injury liability insurance with a minimum limit of one hundred thousand dollars per person, three hundred thousand dollars per incident (or a single limit liability of three hundred thousand dollars) and property damage liability with a minimum limit of one hundred thousand dollars (exact limits set by each entity). (Ord. 392 § 25, 1979)

12.20.160 Accidents.

Every person involved in, or witnessing an aircraft accident on the airport shall report promptly the details of such accident to the airport manager, to the FAA and to local law enforcement personnel, as required by law. In addition, the pilot or aircraft owner shall report fully to the California Division of Aeronautics the details on any accident in which there is death or injury, or in which damage to the property of others exceeds four hundred dollars. The owner and/or pilot of an aircraft which is damaged in an accident, or wrecked, shall be responsible for the prompt removal of the aircraft as directed by the airport manager. Where the pilot or owner is unable to arrange for removal of such disabled or wrecked aircraft, the airport manager shall have the authority to move, or arrange the removal of, the aircraft when released (if applicable) by the FAA or the National Transportation Safety Board (NTSB). No liability shall be incurred by the airport manager or others for damage aggravated by, or resulting from, such removal. (Ord. 392 § 11, 1979)

12.20.170 Aircraft storage and parking.

Aircraft shall be stored or parked at the sole risk of the owner or operator of the aircraft, and without any responsibility of the airport, the county, or any of its officers or employees, for any loss of, or damage to the aircraft while so stored or parked. The owner or operator of the aircraft shall be responsible for the tying-down and securing of his aircraft. He shall likewise be responsible for any liability arising from or caused by his aircraft or his activities. (Ord. 392 § 8, 1979)

12.20.180 Unattended aircraft must be secured—Liability for damage.

No aircraft shall be left unattended on the airport unless properly secured. Owners of aircraft left so unattended shall be liable for damage to other aircraft or property resulting from the failure to adequately secure or tie down the aircraft. (Ord. 392 § 9, 1979)

12.20.190 Starting of engines.

No person shall start any aircraft engine on the airport:

A. Unless a competent operator is at the controls; and

B. Unless the aircraft is equipped with adequate brakes fully applied or the wheels are securely blocked with blocks or chocks that can be removed safely; and/or

C. When the aircraft is in such a position that the propeller slipstream or jet blast can cause damage to, or interfere with the operation of, other aircrafts, vehicles, mobile equipment, or can cause injury to, passengers or spectators, or other personnel authorized on the airport. (Ord. 392 § 16, 1979)

12.20.200 Taxiing.

No person shall move any aircraft under its own power on the airport unless he is in full control of such aircraft, and has assured himself that there is no danger of collision with other aircraft, vehicles, equipment, or other obstacles. Aircraft shall be taxied at a safe speed, not to exceed fifteen miles per hour. (Ord. 392 § 17, 1979)

12.20.210 Takeoffs and landings.

A. No aeronautical activity shall be conducted at the airport except in conformance with current Federal Air Regulations, state law and regulations, and this chapter, or as authorized by the airport manager.

B. This is a light duty airport with minimal asphalt covering (one inch) and should be used by light aircraft only, except in emergency situations.

C. All types of helicopters are permissible.

D. No hang gliders may operate at the airport.

E. Aircraft operations shall not be permitted on the airport at night. (Ord. 392 § 20, 1979)

12.20.220 Noise.

No person shall operate any aircraft in flight or on the ground in such a manner as to cause unnecessary noise as determined by applicable federal or state or local laws and regulations. (Ord. 392 § 12, 1979)

12.20.230 Aircraft fueling and defueling.

A. No aircraft shall be fueled or defueled at the airport unless cleared by the airport manager or in the event of an emergency.

B. No aircraft shall be fueled or defueled while the aircraft engine is running.

C. No smoking shall be permitted within fifty feet of the aircraft or fuel truck while the aircraft is being fueled or defueled.

D. During fuel handling, no passenger shall be permitted in or on the aircraft.

E. All hoses, funnels and appurtenances used in fueling or defueling activities shall be equipped properly with a grounding device to prevent possible static ignition of volatile liquids. Such grounding devices shall be used in all fueling and defueling activities.

F. During fuel handling activities, no person shall operate any radio transmitter or receiver, nor switch electrical appliances on or off in such aircraft, or in the immediate vicinity (fifty feet) thereof.

G. Every person engaged in aircraft fuel handling shall exercise due care to prevent the overflow of spilling of fuel.

H. During fuel handling, no person shall use any material or device which is likely to cause a static spark, within fifty feet of such aircraft or fuel truck.

I. Where there has been a fuel spill or leak, no person shall start the engine of any aircraft in close proximity until the spill or leak has been washed away. In event of such spills or leaks, the airport manager shall be notified.

J. Fuel hoses and draining or defueling equipment shall be maintained in a safe, sound, and nonleaking condition. (Ord. 392 § 21, 1979)

12.20.240 Aircraft and vehicle maintenance.

Unless otherwise authorized by the airport manager no aircraft or vehicle maintenance (other than required, within a reasonable time, to remove damaged aircraft from the runway or taxiway, or replacing a flat tire) shall be performed on the airport except in areas specifically designated by the airport manager for that purpose. (Ord. 392 § 10, 1979)

12.20.250 Fire hazards.

A. No person shall operate any electric or gas welding or cutting equipment anywhere on the airport without prior written approval of the airport manager and the county fire chief.

B. No person shall degrease any air-crafts or part thereof on the airport.

C. No person shall store or stock any material or substance, or permit such activities in or on the airport in such a manner, or of such nature, as to constitute a fire hazard. And no person shall keep, store or discard any flammable liquid, gas, signal flare, or other flammable materials. (Ord. 392 § 23, 1979)

12.20.260 Illegal activities.

No person shall:

A. Take or use any aircraft, aircraft parts, instruments, or tools pertaining thereto, which are owned, controlled, or operated by any other person, while such aircraft, parts, instruments, or tools are stored or otherwise left on the airport, or facilities, without the written consent of the owner/operator thereof, except upon satisfactory evidence of the right to do so duly presented to the airport manager, or authorized by him, or so ordered by a court of competent jurisdiction;

B. Land, takeoff, taxi, or otherwise operate any aircraft on, at, or from, the airport when he knows such aircraft is not operating properly, or is equipped with any part or safety device which is defective or unsafe. Deviations from this restriction shall only be permitted by specific authorization from the airport manager or his designated representative or the FAA. Nor shall any aircraft be operated on or at the airport, or on any runway thereof, when the airport or runway has been closed to traffic by the airport manager or legal authority;

C. Operate any aircraft (or vehicle) on, at, or in the vicinity of the airport in wilful or wanton disregard for the safety of persons or property, whether his own or that of others;

D. Engage in the performance of any aerobatics, stunt maneuver not necessary to a normal takeoff, landing, normal turn or level flight of the aircraft, over or within one mile of the exterior boundaries of the airport, unless a clearance is obtained from the airport manager;

E. Engage in any other illegal activities. (Ord. 392 § 26, 1979)

12.20.270 Firearms.

No person shall shoot any projectile from a firearm or other device, into, on, or across any portion of the runway. (Ord. 392 § 19, 1979)

12.20.280 Dumping of refuse.

No person shall place, deposit, or dump any garbage cans, bottles, papers, ashes, sewage, carcass of any dead animal, offal, trash, rubbish, debris, or any other refuse in any location on the airport. (Ord. 392 § 18, 1979)

12.20.290 Violation—Penalty.

Any person, firm, or corporation who violates any of the provisions of this chapter is guilty of a misdemeanor, and upon conviction thereof, shall be punished by a fine not to exceed five hundred dollars, or by imprisonment in the County Jail for a term not to exceed six months, or by both such fine and imprisonment. (Ord. 392 § 29, 1979)