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HomeMy WebLinkAbout08181ORDINANCE NO. 8181 AN ORDINANCE AMENDING CHAPTER 1 OF TITLE III OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PUEBLO MEMORIAL AIRPORT AND AIRPORT INDUSTRIAL PARK, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: (brackets indicate matter being deleted, underscoring indicates new matter being added) SECTION 1 Chapter 1 of Title III of the Pueblo Municipal Code, as amended, is hereby amended to read as follows: CHAPTER 1 Airport Sec. 3-1-1. Definitions. Airport means the Pueblo Memorial Airport, City of Pueblo, Pueblo County, Colorado, including all land and improvements facilities and development owned, controlled or operated and maintained by the City in connection with its operation of said airport. For purposes of convenience, the land area of the airport is divided into two (2) parts, the airport industrial park [- recreational area] and the Airport Operations Area[aviation area]. (b) Airport Industrial Park recreational Area] means that portion of the airport south of the airport property line [American Avenue] as shown on the official airport layout plan on file in the office of the Airport Manager [master map of the airport] extended easterly to the east boundary of the airport and extended westerly to the west boundary of the airport, together with all improvements thereon; excepting that parkway extending from the terminal building on the north to the [Santa Fe] Railroad property line on the south and fifty (50) feet east of the northbound lanes and fifty (50) feet west of the southbound lanes of Keeler Parkway. (c) [Aviation Area] AOA or Air Operations Area shall have the meaning defined in 14 CFR .$153.3 and he [means that portion of the airport lying north of American Avenue extended easterly to the east boundary of the airport and extended westerly to the west boundary of the airport and is divided into five (5) parts:] any area of the airport, both public and leased, used or intended to be used for the landing, takeoff, taxiing, parking of aircraft, or other aeronautical activity designated so by the Airport Manager, or so shown on the airport layout plan. This includes: (1) The operations control area, consisting of administration and terminal buildings, weather bureau building, tower, hangars, warehouses and similar buildings, together with all lands appurtenant and immediately adjacent thereto; also including the parkway; (2) The ramp and apron area, comprising that area covered by concrete or asphalt, whether or not resurfaced, lying immediately north of the operations control area; (3) The landing area comprising the runways, taxiways, approach areas, access routes and emergency response roads; (4) The air operations area, consisting of both the ramp and apron area and the landing area; and (5) The air side area, consisting of and including that portion of the operations control area used for storing, parking or movement of aircraft and the air operations area. (d) [Director/ Airport Manamer means the Director of Aviation, or person in charge of the airport for the City of Pueblo, his or her assistant or duly authorized representative. (e) Fire Chief means the head of the Pueblo Fire Department, or in his or her absence, the senior Pueblo Fire Department officer present at the airport. (f) FAA means the Federal Aviation Administration. (g) Aircraft means any and all contrivances used now or in the future for the navigation of flight in air or space, including, but not limited to, airplanes, airships, sail planes, gliders, helicopters, and amphibians. (h) Air carriers means scheduled or nonscheduled aircraft operating under a certificate issued by the FAA [Civil Aeronautics Board]. (i) Airline personnel means all officers, agents and employees of air carriers. 0) General Aviation means all aircraft that are not air carriers or military. (k) Vehicle or Motor Vehicle means all vehicles and motorized equipment moving on the ground propelled by power including muscular power, and including trailers and coaches but excepting aircraft while taxiing and construction equipment being used in actual construction in progress on the airport. (1) Aircraft Emergency means a problem or condition involving an aircraft whether in flight or on the ground, which could endanger lives or property. An aircraft emergency can be declared by the pilot, ATC, airport management, or other personnel responsible for the safe operation of the aircraft or airport. (m) ARFF (Aircraft Rescue and Firefighting) means the primary firefighting personnel and equipment responding to emergencies on the airport where the term is used in a context which requires the approval of ARFF, it shall mean the Fire Chief or his designee. (n) ACM (Airport Certification Manual) means the specifications containing the minimum operating standards of the airport approved by the Federal Aviation Administration. (o) Airport Management means any member of the Department of Aviation, or any other airport employee designated by the Airport Manager to be responsible for the safe operation of the airport, and specifically designated with the authority to do so by the Airport Manager. (p) Airport Security Plan or ASP means the Transportation Security Administration (TSA) approved plan specifying security methods, plans, and procedures applicable to airport operations and access. (c) Air Traffic Control or ATC means personnel, equipment, air traffic services and FAA procedures provided or prescribed for use at the airport, including those procedures for operation of aircraft at an uncontrolled airport. (r) Apron means those portions of the airport, both public and leased, designated for the movement, parking and /or storage of aircraft. (s) Commercial Operations means the conduct of any activity on the airport for hire, or compensation. (t) FAR means the Federal Aviation Regulation found in Title 14, Code of Federal Regulations. (u) Ground Vehicle Operation Handbook means the pedestrian and ground safety manual approved by the Airport Manager. (v) Movement Area means that portion of the AOA consisting of runways, taxiways, and other landing areas of the airport which are utilized for taxiing, hover taxiing, air taxiing, and landings and takeoffs of aircraft, exclusive of aprons, ramps, and perimeter roadways. Communication with ATC is required to access and operate in the movement area. (w) Non - Movement Area means that portion of the AOA consisting of aprons, ramps and perimeter roadways. Communication with ATC is not required to access and operate in the non - movement area. (x) Operator means any person who pilots, controls, or maintains, whether directly or indirectly, an aircraft, or vehicle. (y) Public Area means that portion of the airport available for the use by the general public. (z) Restricted Area means that portion of the airport to which no access is permitted except upon specific authorization by the Airport Manager. (aa) Run -up means any operation of a stationary aircraft engine above idle power except to overcome inertia for taxiing for takeoff. (bb) Secure Area means that portion of the AOA identified in the ASP designated for air operators which have a security program under CFR Part 1544 or 1546 to enplane and deplane passengers and sort and load luggage. (cc) SIDA Security Identification Display Area means that portion of the AOA, identified in the ASP, requiring display of an approved airport access badge. Sec. 3 -1 -2. General provisions. (a) Liability. The privilege of using the airport and its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof, and [he or she] all users shall release, hold harmless and indemnify the City, its officers, employees and tenants from any liability or loss resulting from such use as well as against claims of third parties so using the airport. (b) Scope. All users of and persons on the airport shall be governed by this Code and the rules, regulations and procedures that will from time to time be promulgated by the Airport Manager [Director]. It shall be the duty of the Airport Manager [Director] to enforce provisions of this Code and any rules and regulations adopted by the City. (c) Commercial Operations. It shall be unlawful and a municipal offense for any person to conduct any commercial operations [business] on the airport without having first obtained a written contract, lease or permit from the City. For the purposes of this Section, the following activities shall constitute conducting [businesses] commercial operations on the airport: (1) The sale of any goods, wares, merchandise or services. (2) The advertising of any business by word of mouth, billboard or sign on the airport excepting signs painted on or fixed to a motor vehicle. (3) The use of an aircraft on the airport in the transportation of persons or property for hire. (4) The rental of aircraft for hire. (5) Maintenance, inspections, and oil changes on any aircraft by any person receiving compensation therefor. (6) The transportation of persons or property by a motor vehicle where the person providing the transportation receives compensation. (d) Flying Clubs. Flying club aircraft must be owned and operated on a nonprofit basis or as a nonprofit Colorado corporation, and each club member must be a bona fide owner of a part of the aircraft or a share in the corporation. The club may not derive greater revenue from the use of aircraft than the amount necessary for the operation, maintenance and replacement of the aircraft and will file and keep up -to -date with the Airport Manager [Director] a list of the membership. If the Airport Manager [Director] has reason to believe a club is being operated so that it falls under the 'commercial' classification, he or she shall so notify the club. If the club fails to remedy the condition, [complained of,] the Airport Manager [Director] shall reclassify the aircraft. Thereafter, the club shall be classified as a commercial operation The Airport Manager [Director] shall have authority to deny the use of a club classification to any group failing to meet the requirements outlined herein. (e) Soliciting. It shall be unlawful and a municipal offense for any person to solicit funds for any purpose on the airport without having first obtained permission from the Airport Manager [Director]. (f) Restricted Areas. It shall be unlawful and a municipal offense for any person to enter any restricted area that is posted as closed to the public, except employees and persons authorized by the Airport Manager [Director]. (g) Sanitation. It shall be unlawful and a municipal offense for any person to place any garbage, refuse and other waste material in any receptacle except as shall be specifically provided for such purpose. (h) Conduct of Business. It shall be the responsibility of tenants to conduct their business in accordance with their agreement with the City and this Chapter. (i) Suspension of Operations. The airport shall be open for public use at all hours of the day and night subject to restrictions due to inclement weather as determined by the [F.A.A.] FAA, conditions of the landing area, presentation of special events and like causes as may be determined by the Airport Manager [Director]. (j) Advertising. No person shall post, distribute, or display signs, advertisements, handbills, circulars, printed or written matter of a commercial nature at the airport without specific authorization from the Airport Manager, or within the guidelines and policies established by the City. (k) It shall be unlawful for any person, aircraft, or vehicle to enter upon the airport property for aeronautical purposes, or in support of aeronautical purposes, from an off - airport parcel of land, and commonly known as through -the- fence operations, unless such access has been approved by the Airport Manager, and that such access is being conducted in compliance with any regulations, policies, licensing, and permitting established by the City and all associated fees have been paid. (1) Airport Policies and Procedures. All users of and persons on the airport shall be governed by and subject to the following: (1) The Storm Water Management Plan (SWMP), Spill Prevention Control and Countermeasure Plan (SPCC), and other environmental regulations now in effect or hereafter adopted or revised for the airport. (2) Policies, rules, regulations and procedures of the airport now in effect or hereafter adopted or revised for the airport. (3) Minimum Standards, Business Licensing Policy, Permitting Policy and Rates /Charges now in effect or hereafter adopted or revised for the airport. (m) All flight and ground aircraft operations and vehicle operations at the shall be conducted in accordance with FAA and Airport rules and regulations, policies, procedures, and recommendations for aircraft and airports, now in effect or hereafter adopted and any Airport Certification Manual, Operations Manual or Ground Vehicle Operation Handbook now in effect or hereafter adopted for the airport. Sec. 3 -1 -3. Aircraft Operations. (a) Aircraft shall be operated and maintained at all times in accordance with applicable [F.A.A. and C.A.B.] FAA regulations. (b) Parking and storage of aircraft will be accomplished only in areas designated by the Airport Manager [Director]. Parked and unattended aircraft shall be chocked or tied down if remaining overnight. No aircraft shall be parked in the movement area of the AOA without the permission of Airport Management. (c) No aircraft shall be parked, stored, washed or repaired at the airport except in the areas designated by the Airport Manager [Director] for such use[, or left unattended on the main ramp except with written permission of the Director]. (d) At the request of the Airport Manager [Director], the operator of any aircraft on the airport shall move the aircraft from the place where it is parked or stored to any other place designated on the airport. If the operator fails or refuses to comply, the Airport Manager [Director] may cause the aircraft to be towed to such place at the operator's expense and without liability for damage which may result in the course of such moving. (e) Except in emergency, no aircraft equipped with a tail skid in place of the tail wheel will land or takeoff from a paved surface of the airport. (f) In the event of an accident, the Airport Manager [Director] may move damaged aircraft from the landing areas, ramps, aprons or other areas at the expense of the owner without liability for damage which may result in the course of such moving. (g) The pilot of an aircraft involved in an accident on or near the airport causing personal injury or property damage shall report such accident to [the] Airport Management [Director]. In the event that he or she is unable to make such report, the owner or his or her agent and witnesses can accomplish such report. Any damage to airport installations, equipment or property as a direct or indirect consequence of an aircraft accident or emergency shall be the responsibility of the owner of the aircraft causing such damage. Repair of such damage shall be ordered and accomplished by the Airport Manager, and the City shall submit an invoice for the cost thereof, which shall be due and payable upon receipt, to the responsible owner. (h) The Airport Manager [Director] shall have the authority to detain any aircraft for nonpayment of charges fees or expenses due the City. (i) Aircraft [will] shall register in accordance with the procedures established by the FAA [Director]. 0) Ground operation of aircraft including taxi run -up and use of preferential runways will be in accordance with procedures established by the Airport Manager [Director]. No person shall run -up any aircraft engine at the airport except in a place designated for such purposes by the Airport Manager. At no time shall any person run -up any aircraft engine in such a position that hangars, shops, other buildings, parked vehicles, or persons are in the path of propeller or jet blast. No aircraft engine may be run -up within fifty (50) feet of any building on the airport. (k) Special events such as air shows, air races, fly -ins, sky diving and all events requiring the general use of the airport, other than normal or routine airport traffic, shall be held only upon prior approval of the Airport Manager [Director], and on such dates, in such areas and upon terms and conditions as shall be specified by the Airport Manager [Director]. (1) For the purpose of prosecution for failure to comply with any provision of this Chapter, in the absence of evidence to the contrary, it shall be presumed that the owner of any aircraft was the operator of such aircraft. (m) All persons operating an aircraft shall adhere to all noise abatement procedures and policies in effect at the airport, except in the case of an aircraft emergency. The Airport Manager is authorized to place into effect temporary or permanent noise abatement procedures or policies if deemed necessary. (n) Damaged or disabled aircraft parked or stored in an authorized, assigned, leased or otherwise properly designated area in excess of thirty (30) days without undertaking repair or restoration to operable condition will, in the absence of special arrangements with and permission of the Airport Manager, be deemed abandoned or junked aircraft subject to impoundment as illegally parked aircraft. (o) Parking Fees. The City shall establish and maintain a schedule of fees to be charged for the parking of aircraft on the public use transient apron and on other designated public access parking areas. No person shall park an aircraft on any such public parking areas overnight unless the required overnight parking fees have been paid. If any aircraft is found parked in violation of this section, and the identity of the operator cannot be determined, the owner, or person in whose name such aircraft is registered, shall be held responsible for such violation and fees. Sec. 3 -1 -4. Motor vehicles. (a) The traffic ordinances of the City and the Model Traffic Code for Colorado Municipalities as adopted by the City apply to the streets, roads and parking areas on the airport. All persons shall comply with all traffic control devices, signs, signals, markings or insignia erected, installed or placed by authority of the Airport Manager or the City or County. This shall apply, when applicable, to both vehicular and pedestrian traffic. Insofar as possible, all such devices, signs, markings or insignia shall conform to the manual and specifications adopted by the State of Colorado, County of Pueblo, and /or City of Pueblo as appropriate. (b) The Airport Manager [Director] or employees of the airport designated by the [Director] Airport Manager, shall be empowered to enforce all traffic rules and regulations within the airport (c) It shall be unlawful and a municipal offense for any person to fail or refuse to comply with the [un]lawful orders of the Airport Manager [Director] or any employee of the airport designated by [him or her] Airport Manager a police officer or a member of the Fire Department[,] at the scene of a fire or accident. (d) It shall be unlawful and a municipal offense for any person to operate a motor vehicle on the AOA [landing ramp and apron areas] except as authorized by the Airport Manager [Director]. (e) It shall be unlawful and a municipal offense for any person to park a motor vehicle, for loading, unloading or any other purpose, on the airport except in the areas specifically established for parking and designated as such by signs, lines or other means. (f) It shall be unlawful and a municipal offense for any person to abandon any motor vehicle on the airport. The Airport Manager [Director] shall have the authority to tow or otherwise move motor vehicles which are parked by their owners or operators on the airport in violation of the regulations of the airport, at the owner's expense and without liability for damage which may result in the course of such moving and to detain the motor vehicles until all such charges are paid. (g) It shall be unlawful and a municipal offense for any person to park any vehicle in any manner that will obstruct fire gates on entrances to the airport. In all cases vehicular traffic shall yield the right -of -way to aircraft. (h) Inoperable, abandoned, or junked motor vehicles will not be permitted to be stored in public view on the airport. Such vehicles may be removed by the Airport Manager at the owners expense. (i) Boats, trailers, motor homes, and other non - aviation related vehicles or equipment shall not be stored in public view on the airport, including leased areas. (j) Unless prior arrangements have been made with the Airport Manager, motor vehicles properly parked but which remain at the airport in excess of thirty (30) days may be removed by the Airport Manager. (k) Aircraft taxiing, taking off, landing, repositioning, or otherwise moving shall have the right of way in preference over vehicles or pedestrians. No vehicle may operate in the Restricted Area of the airport, otherwise known as the AOA. No vehicle shall be driven within the Movement Area of the AOA without first having received specific permission from the Airport Management and having established radio contact with the FAA ATC Tower. (1) No person shall operate a vehicle on the airport unless such vehicle is in compliance with all licensing and registration requirements of state and federal law applicable to the type of vehicle. (m) No person shall operate on the airport any vehicle that is determined to be hazardous or unsafe by Airport Management which may include, but is not limited to, broken or inoperable: headlights, tail lights, tires, windshields and mirrors. Tugs and other motor vehicles used exclusively for towing aircraft are exempt from this provision except that such tugs and other motor vehicles must have the customary safety equipment operational at all times for such exclusively used vehicles. (n) Airport Management may restrict the access of any vehicle or person to any part of the airport, both public and leased, to ensure the safety or security of the airport or to an aircraft accident /incident scene. (o) Vehicle maintenance is not permitted in any public area, either aeronautical or non - aeronautical. Sec. 3 -1 -5. Aircraft [refueling] Fueling and Fire Safety (a) All fueling and defueling of aircraft and all operation and management of Aircraft Fuel Facilities shall be conducted in accordance with all Pueblo Memorial Airport Rules and Regulations, the City of Pueblo approved fire code, applicable NFPA regulations (including NFPA 385 and NFPA 407), applicable FAA Regulations, and all other applicable state, federal, and local laws and regulations, including Spill Prevention Control and Countermeasures ( "SPCC ") regulations (40 CFR Part 112) promulgated by the United States Environmental Protection Agency (EPA). (b ) It shall be unlawful and a municipal offense for any person to: (1) Fuel or defuel any aircraft while the engine is running or while the aircraft is in a hangar or an enclosed area. (2) Conduct any fueling operation unless the aircraft is grounded by an approved method. (3) Smoke or light an open flame within fifty (50) feet of any fueling operation. (4) Operate electrical or radio equipment during fueling operations. (5) Start any aircraft when there is fuel on the ground under or near the aircraft. (6) Conduct any fuel servicing operations on any air carrier or chartered air carrier aircraft, operating under FAR Part 121 or 135, without having a qualified flight attendant or crew member present in the cabin if passengers are on board. (7) Operate a fuel servicing vehicle that is equipped with ash trays and lighters. All such equipment must be removed or rendered inoperable. "No SmokinLy" siLyns must be visible in the cab of each such vehicle. (8) Store or use fueling vehicles in enclosed areas, buildings, or hangars. (c) Aircraft fueling facilities and vehicles shall be maintained in accordance with Air Transport Association Specification 103. (d) All fuel or chemical spills shall be reported to airport management immediately. In addition, a written fuel/chemical spill report shall be provided to airport management within 24 hours including; date, time, location, responsible party, vehicle /aircraft identification, amount of fueUchemical, type of fueUchemical, cause of spill, and method of cleanup. Sec. 3 -1 -6. Fire Regulations. (a) It shall be unlawful and a municipal offense for any person to smoke or light an open flame in locations that are posted and within fifty (50) feet of fuel trucks or fuel loading stations. (b) It shall be unlawful and a municipal offense for any person to start an open fire any place on the airport without permission of the Airport Manager [Aviation Director]. (c) It shall be unlawful and a municipal offense for any person to stock or store any material or equipment in such a manner as to constitute a fire hazard. (d) It shall be unlawful and a municipal offense for any person to use flammable, volatile liquids in the cleaning of aircraft aircraft engines, propellers and appliances unless such cleaning operations are conducted at locations designated by the Airport Manager [Director]. (e) Tenants shall provide metal containers for the storage of oily waste rags and other inflammable materials and shall maintain hangar floors, gasoline pits and trucks [cleaned] clean and free of excess gasoline, grease and other inflammables and shall provide suitable fire extinguishers and equipment maintained in good condition as recommended by ARFF [the Fire Chief]. (f) Tenants of the Airport Industrial Park [Area] shall, at their own expense, keep the demised premises clean, neat, safe and orderly at all times, free of waste, rubbish, debris and fire hazards and shall provide a complete and proper arrangement for the sanitary handling and disposal of all trash, garbage and other refuse resulting from his or her activities at the airport. (g) A tenant as lessee under a fixed base operator's lease agreement with the City for use of the airport or any part thereof may construct, operate and maintain its own permanent aviation fuel storage facility on its leased premises at the airport at a place remote and separate from the aviation area and occupied buildings upon the following conditions: (1) The location of the facility and the plans and specifications therefor shall be approved by the Airport Manager [Director]and ARFF [Fire Chief]. (2) The tenant shall enter into an indemnification agreement with the City indemnifying and saving harmless the City, its officers, agents and employees from all claims for damages to property and injury or death to persons arising out of, or resulting directly or indirectly from, the use, construction or maintenance of the facility or the storage or dispensing of fuel there from or the quality or condition of the fuel and keep in force liability insurance insuring the tenant's obligation hereunder and the City in amounts not less than one million dollars ($1,000,000.00) for property damage and one million dollars ($1,000,000.00) for personal injury or death. (3) The tenant shall establish accepted and approved procedures for and continuously monitor fuel quality control. The tenant shall [each week] submit to the Airport Manager [Director] all required fuel reports in accordance with agreements and as requested by the Airport Manager written report of monitoring activities conducted by the tenant during the prior week]. (4) The tenant shall pay to the City as additional rent under its fixed base operator's lease agreement an amount [equal to seven cents ($.07)] set forth in the lease agreement referred to as a fuel flowage fee for each gallon of aviation fuel delivered to said facility, which rent shall be paid monthly. If the fuel flowage fee is not set forth in the Lease Agreement, it shall be equal to $0.07 per gallon. (5) The facility shall be removed and the airport property shall be restored to its former condition within fifteen (15) days after termination of the tenant's fixed base operator's lease agreement, or at the option of the City, the facility shall upon such termination become the property of the City free of all liens and encumbrances. (6) No temporary aviation fuel storage facility shall be located on a tenant's leased premises or used by a tenant at the airport unless authorized by the Airport Manager. (7) All fuel delivered to an approved facility shall be measured by meters approved by the Airport Manager [Director] and installed and maintained by the tenant at its costs. The meters shall be read daily by the tenant, and the tenant shall weekly submit to City a written report thereof together with copies of invoices for all fuel delivered to the facility during the prior week. (8) Fuel delivered to an approved facility shall not be sold to other tenants at the airport or to persons not doing business at the airport and shall only be sold at retail to the tenant's customers. (9) A tenant, after installation of an approved facility, shall not thereafter be entitled to [purchase aviation fuel from the City]. lease any fuel tank located in City's fuel farm Such installation by a tenant shall constitute a complete waiver of the tenant's rights, if any, to [purchase from or be allocated a portion of aviation fuel purchased by the City] lease any fuel tank in City's fuel farm. [The City may however, sell aviation fuel to the tenant in such amounts and at such times as the City in its sole discretion shall determine.] (10) All aviation fuel sold or delivered from such facilities shall be at least equal to the standards for Grade 80, Grade 100LL or Grade 100 aviation gasoline standards for Jet A or Jet A -1 or equivalent aviation turbine fuels as published by the American Society for Testing and Materials in its most current revised publication. (11) A violation of any provision of this Subsection (g) by a tenant shall constitute grounds to terminate the tenant's fixed base operator's lease agreement with City. Sec. 3 -1 -7. Personal conduct. (a) It shall be unlawful and a municipal offense for any person to destroy, injure, deface or disturb in any way any building, sign, equipment, marker or other structure, tree, flower, lawn or other property on the airport; or make any excavations on the airport or willfully abandon any personal property on the airport. (b) It shall be unlawful and a municipal offense for any person to enter the terminal building or the airport with a dog or other animal unless the dog or animal is restrained by leash or is properly confined. (c) All persons using the airport must refrain from littering the premises, and any trash or waste material is to be placed only in containers provided for such use. (d) All of the general offense ordinances of the City, being Chapter 1 of Title XI of this Code and as the same may hereafter be amended, shall apply to the airport. It shall be unlawful for any person to violate any section or provision of said Chapter 1 of Title XI while on the airport. Sec. 3 -1 -8. Violations; penalties and remedies (a) Any person violating any of the provisions of this Chapter or any of the rules and regulations adopted pursuant thereto, or any amendments or additions thereto, shall be guilty of a municipal offense, and upon conviction thereof, shall be punished as prescribed in Section 1 -2 -1 of this Code. (b) In addition to the foregoing, violation of any of the provisions of this Chapter shall be grounds for removal or suspension of specific airport privileges, removal or suspension from the airport, or termination of lease or operating agreement. Sec. 3 -1 -9. Airport Security; Authority; Access (a) It shall be unlawful and a municipal offense for any unauthorized person to enter the AOA [air side area of the airport] in violation of any posted notice restricting access thereto. (b) It shall be unlawful and a municipal offense for any tenant of airport property or any agent or employee of such tenant to permit or allow any unauthorized person to enter the AOA [air side area of the airport] in violation of any posted notice restricting access thereto. (c) It shall be unlawful and a municipal offense and shall constitute grounds for immediate termination of a tenant's lease of airport property for any tenant of airport property or any agent or employee of such tenant to fail or refuse to close and lock all gates under the control of the tenant or located upon the tenant's leased premises leading into the AOA [air side area of the airport] when not in actual and authorized use by such tenant or his or her agents or employees. (d) Any police officer of the City of Pueblo or person designated by the Airport Manager shall have the right and power to request and require any person when present on the airport to give his/her true name, access badge, valid identification, and residence in matters connected with the airport, including the enforcement of this Chapter or any of the rules and regulations adopted pursuant thereto, or any amendments or additions thereto. (e) The AOA is a Restricted Area. Operators, Lessees, and contractors (including all employees and subcontractors) who require access /entry into the AOA require an access badge or key which must be applied for and purchased in the Airport Administration Office for a fee of $25.00. It is the responsibility of said Operators, Lessees, and contractors to notify the airport to remove individuals who do not need access and /or are no longer employed or affiliated with the Operator, Lessee or contractor. Every operator, Lessee, or Contractor shall have 10 days to recover and return unused badges and /or keys upon termination of employment of an employee or project completion. Failure to return the access badge or key to airport administration shall result in a fee of $50.00 for each badge and $50.00 for each key or cost of re -core, whichever is greater. (f) Lost, stolen, or missing access badge /key must be reported to the Airport Administration Office immediately. Access badges reported stolen require a police report to obtain a waiver of fifty percent (50 %) of the replacement fee. (g) Access Badge or key holders are responsible for ensuring that Gates /doors are fully closed and secure before proceeding. (h) Access Badge /Key holders and vehicle operators are subject to initial and recurrent training as required by the FAA, TSA, and airport. Failure to complete the required training may result in denial of airport privileges. (i) Access badge /key privileges are extended only to the person to whom it was issued. Loaning an access badge /key may result in the immediate revocation of the access privileges or other penalties as authorized by the Airport Manager. (J) Access badge(s) /key(s) shall not be altered. (k) Access badges shall be worn at all times in the SIDA or Secure Areas of the AOA. Sec. 3-1-10. Abandonment. If a lessee or user of airport real property or improvements thereon fails for any reason to actively and continuously conduct and engage in business and activities permitted at the airport for a period of one hundred twenty (120) days or longer, the City may terminate and cancel the lease, contract or permit under which the lessee or user occupies the property or improvements or conducts business or activities at the airport notwithstanding any provision therein to the contrary. Sec. 3-1-11. Taxes. If a lessee or user of airport real property or improvements thereon shall become subject to taxation pursuant to any statute or ordinance, such lessee or user shall pay when due all such taxes assessed against the lessee or user. Failure to timely pay such taxes shall constitute a default under such lessee's or user's lease or contract with the City and be grounds for immediate termination of such lease or contract by the City, notwithstanding any provision therein to the contrary. Sec. 3 -1 -12. Unlawful business interest. It shall be unlawful for any person, firm or corporation, or any officer, director, shareholder, partner or manager thereof, to conduct commercial operations [conducting business or engaging in any activity] on the airport [aviation area of the airport] under a written lease, contract or permit with the City to, directly or indirectly, own or have any interest, whether financial or otherwise, in any commercial operations [business or activity] conducted on the airport [aviation area of the airport] other than the commercial operations [business or activity] specifically authorized by such lease, contract or permit at the location specified therein. A violation of this Section by any person, firm or corporation, or any officer, director, shareholder, partner or manager thereof shall constitute grounds for immediate termination of the lease, contract or permit of such person, firm or corporation, notwithstanding anything contained therein to the contrary. Sec. 3 -1 -13. Sale of real property. The City Council is authorized to sell and transfer, by resolution, any real property located in the Airport Industrial Park [- recreational Area of the airport] for such purposes and upon such terms and conditions as the City Council shall determine. Sec. 3 -1 -14. Combined service fee. (a) As used in this Section, the following words shall have the following meanings: (1) Developed property means and includes all the land owned by a person or entity other than the City which has been developed by constructing one (1) or more buildings on any portion thereof. (2) Occupant means a tenant in possession of the developed property. (b) There is imposed upon all owners and occupants of developed property located in the Pueblo Memorial Airport Industrial Park a fee and charge in reimbursement to the City for providing the following services to the developed property, to wit: fire protection, public street maintenance, including landscaping, and storm drainage facilities, and street lighting (the "Services "). (c) The fee and charge for services shall be known as the Combined Service Fee and is hereby fixed and established in the following monthly amounts during the following years for each acre of developed property located in the Pueblo Memorial Airport Industrial Park: 2004 (July — December) 58.75 2005 and each year thereafter 41.66 (d) The revenue from the Combined Service Fee shall be exclusively dedicated to and used for the payment of the direct and indirect cost of providing the Services. (e) Monies paid to the City by Pueblo County, Colorado, for the provision of fire protection services at the Pueblo Memorial Airport Industrial Park shall be allocated and applied to the Combined Service Fee, and the pro -rata share of such monies shall be credited against the Combined Service Fee established in Subsection (c). (f) All owners and occupants of developed property located in the Pueblo Memorial Airport Industrial Park shall pay the monthly Combined Service Fee in advance on or before the 15th day of each calendar month commencing with the month of June 2004. If the occupant shall pay the Combined Service Fee, such payment shall relieve the owner from such obligation, but the City shall not be required to look to any person other than the owner to pay the Combined Service Fee. All unpaid Combined Service Fees shall accrue interest at the rate of one percent (1 %) per month until paid in full. (g) If the Combined Service Fee is not timely paid, the [Aviation Director] Airport Manager shall cause to be given to the owner and occupant of the developed property a notice of disconnection stating the amount of the due and unpaid Combined Service Fee and interest, describing the property served and the Combined Service Fee and advising the owner and occupant of the developed property that if the due and unpaid Combined Service Fee and interest remain unpaid for a period of sixty (60) days after the date of such notice, the developed property and improvements thereon will be disconnected from the Services and the developed property and improvements thereon will no longer receive the Services. Such notice may be given by personal service or by first class mail or, if the developed property is vacant or if the owner of the developed property cannot be located after reasonable efforts, by posting such notice in a conspicuous place on the developed property or improvements located thereon. If notice is given by mail, notice shall be deemed given five (5) days after the date of mailing. If notice is given by posting, notice shall be complete five (5) days from the date of posting. If the owner or occupant of the developed property fails, neglects or refuses to pay in full all due and unpaid Combined Service Fees and interest described in the notice and which have accrued thereafter, within sixty (60) days after the date of the notice, the [Director of Aviation] Airport Manager shall cause the developed property and improvements thereon to be disconnected from the Services, and no Service shall thereafter be provided to the developed property or improvements thereon unless and until all delinquent Combined Service Fees and interest have been paid in full. (h) Neither the imposition nor payment of the Combined Service Fee shall in any manner obligate the City to continue to furnish and provide the Services. The City may, from time to time, reduce, modify, eliminate, add to or substitute any or all of the Services. The City Council may by resolution modify, increase or decrease the Combined Service Fee, provided that the Combined Service Fee shall be reasonably related to the overall cost (direct and indirect costs) of the Services. The City's cost may include the cost of equipment and capital improvements amortized over their useful life. (i) All unpaid Combined Service Fees plus interest shall be a charge against the owner of the developed property and shall be treated as a debt due the City from the owner. The unpaid Combined Service Fees, plus interest and cost of collection, including reasonable attorney fees, may be collected from the owner of the developed property in an action at law. 0) The Combined Service Fee fixed and established by Subsection (c) above constitutes and shall be deemed to constitute the Combined Service Fee and the amount thereof payable by owners of real property in the Pueblo Memorial Airport Industrial Park pursuant to agreements, contracts, deeds and covenants among such owners and the City. Payment of the Combined Service Fee for developed property pursuant to this Section shall relieve such owner from the obligation to pay a combined service fee under any agreement, contract, deed or covenant between such owner and the City. SECTION 2 Any person who is found guilty of any provision of this Ordinance or of Chapter 1 of Title III of the Pueblo Municipal Code which is declared to be a municipal offense shall be punished as provided in Section 1 -2 -1 of the Pueblo Municipal Code as amended. SECTION 3 This Ordinance shall become effective upon final passage and approval. INTRODUCED: April 12, 2010 BY: Vera Ortegon COUNCILPERSON APPROVED: RESIDENT CF CITY CC) UNCIL ATTESTED BY: CRY CLERK PASSED AND APPROVED: April 26, 2010 Background Paper for Proposed ORDINANCE AGENDA ITEM # R -8 DATE: April 12, 2010 DEPARTMENT: DEPARTMENT OF AVIATION TITLE AN ORDINANCE AMENDING CHAPTER 1 OF TITLE III OF THE PUEBLO MUNICIPAL CODE RELATING TO THE PUEBLO MEMORIAL AIRPORT AND AIRPORT INDUSTRIAL PARK, AND PROVIDING PENALTIES FOR THE VIOLATION THEREOF ISSUE Should City Council approve amendments to Chapter 1 of Title III of the Pueblo Municipal Code. RECOMMENDATION Approval of this ordinance. BACKGROUND It has been numerous years since an update of Airport Rules and Regulations at Pueblo Memorial Airport has occurred. This revision of Airport Rules and Regulations reflect numerous changes in FAA airport certification policy and TSA security regulations. In addition, this revision establishes consistency between tenant lease provisions and airport rules and regulations. FINANCIAL IMPACT None.