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.