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RULES AND REGULATIONS January 1, 2002 City of Tombstone, Arizona Please press the back button to return to the Sonrise Sport Aviation page you were previously viewing.
TABLE OF CONTENTS I.
Definitions Agent: A person acting on behalf of another. II. Authority over operations. A. Aeronautical activities on airport property shall be conducted in conformity with all pertinent regulations established by the Federal Aviation Administration. B. The City is the operator and manager of the airport, and shall have sole authority to enforce these regulations. This authority shall extend to: control of leases; maintenance of grounds and facilities; operation of the airfield, including landing areas, taxiing areas and public areas; inspection of all structures for compliance to these regulations and the code; airport improvement, and aviation or non-aviation activities held upon the area owned or leased by the City. C. The Airport Manager has authority to enforce these regulations. A. The Airport Manager, Fire Chief, or their designees, and other officials with enforcement authority or responsibility pursuant to this code shall have reasonable right of entry into all areas of the airport, including all parts of all structures, in the performance of their duties, for the purposes of enforcing these regulations and the code. If entry is denied, the authorized representative shall have recourse to every remedy provided by law to secure entry. IV. Construction and alteration A. Any person proposing construction or renovation of a structure shall present conceptual designs to the Airport Manager for preliminary review and approval, before final review and approval by the city. B. The City has authority over building permits on the airport. A. A person shall report all motor vehicle accidents, as defined by state law, and crimes on the airport to the Tombstone Police Department, and the Airport Manager. B. A person shall immediately report all damage to, or theft of, airport property to the Tombstone Police Department and the Airport Manager . C. A person shall report all accidents and incidents, as defined by the FAA, to the Airport Manager in addition to any accident reports as required by the FAA or NTSB. Additionally, the person shall report any minor accidents or incidents not requiring a report to the FAA, but involving airport property, to the Airport Manager within three days. If the accident involves airport lighting or safety devices, the person shall report it immediately to the Airport Manager so appropriate repairs may be made. A. The city assumes no responsibility or liability for any loss, injury or damage to persons or property by reason fire, theft, vandalism wind or other natural causes, nor does the city assume any liability for injury to any person while on the airport or while using any of the public or private facilities at the airport. B. All activities and operations at airport must comply with all applicable requirements of these regulations and the code. VII. Airport use - general conditions. A. The Airport Manager may deny use of the airport, or the airport facilities, to any person for reason of safety or for violation of these regulations or the code. B. Motor vehicle access to aircraft normally parked in the established tie-down area or hangar area is permitted provided the motor vehicle is operated and parked in such a manner that it does not interfere with aircraft operations or access to other hangared or parked aircraft. Unless authorized by the Airport Manager, vehicular or pedestrian traffic shall not be allowed on the runway except for emergency vehicles. All motor vehicles authorized to operate on the runway, while the airport is open for aircraft operations, must have appropriate markings, flags, and radio equipment monitoring the airport UNICOM frequency (CTAF: 122.9). No vehicles, aircraft or equipment may block access to any roads, hangars or other public facilities on the airport. C. No person may abandon vehicles, equipment, aircraft or parts on the airport. Any vehicles, equipment, aircraft or parts not removed within 24 hours after notice or posting from the Airport Manager shall be considered abandoned. The city may remove any such equipment and dispose of it with no liability for damage. The last registered owner of the equipment shall be liable for all costs the city may incur. D. Disabled, wrecked or damaged aircraft or parts shall be stored out of public view or removed from the airport. Any aircraft disabled, wrecked or damaged and not removed after notice or posting from the Airport Manager shall he considered abandoned. E. Waste oil, chemicals, garbage, sludge, ashes, trash or any other waste material may not be disposed of, or stored on airport property. All paper, cans, bottles, or similar trash must be put in appropriate approved waste receptacles for disposal off of the airport. F. No person shall use flammable materials for cleaning aircraft or pans, except with adequate ventilation in areas approved by the Fire Chief and with a fire extinguisher within easy reach. Flammable materials, such as naphtha, gasoline and organic or inorganic solvents shall not be stored at the airport except in approved containers with adequate warning signs. G. No person shall paint aircraft or dope fabric aircraft surfaces unless in an area approved by the Fire Chief. H. No salt or other corrosive materials shall be used to de-ice airport property. I. Materials, parts, supplies and chemicals to be used
for agricultural
spraying may be stored on airport property, providing all chemical
storage
meets the requirements of the Airport Manager, state of Arizona health
codes and any Environmental Protection Agency or similar agency. a. No person, except an authorized law enforcement officer or member of the Armed Forces of the United States on official duty, shall possess any firearms on the airport, except firearms that do not contain live ammunition, are in an enclosed case, and are intended for immediate transport off the Airport. b. No person, except an authorized law enforcement officer or member of the Armed Forces of the United States on official duty, shall possess any explosives on the Airport. c. No person, other than those in the above excepted classes, shall store, handle, use, dispense or transport at, in, or upon the Airport any class A or class B explosives, any radioactive substance or material (except for minimum of radioactive substances, such as radioactive paint illuminating instrument dials), without prior written authorization from the Airport Manager. K. Disorderly Conduct, Intoxicating Liquors, Etc. No person shall: a. Commit any disorderly, obscene or unlawful act or commit any nuisance on the Airport. b. Drink any intoxicating liquor upon any portion of the Airport open to the public, except in such restaurant facilities as may be lawfully established or other place as shall be for the purpose of a special event that has received a special event permit where alcohol is not for sale. c. Become intoxicated on any portion of the Airport. No intoxicated person shall enter upon or loiter on or about the Airport, any of its facilities, or any City owned property. VIII. Aircraft operation - on field. A. Pre-heating of engines is restricted to procedures that do not constitute a hazard to other persons, aircraft or property. Pre-flight engine warm-ups or engine tests must be performed in an area such that no hazard exists to other aircraft, persons or property. B. No person shall engage in or promote any air show, contest, demonstration or similar exhibition within the airport property without specific written permission from the Airport Manager and complying with the these regulations and the code. The Airport Manager shall not grant permission without appropriate FAA clearance or exemptions, and proof of an insurance policy for the event which covers all hazards and holds the city harmless from any and all claims resulting from the event. No person, without specific written permission from the Airport Manager and complying with the city regulations shall collect any monies for use of any airport public area. IX. Impact of aviation related activities. A. The Airport Manager may authorize aviation related activities based at the airport which may negatively impact individual owners, property owners and tenants. Examples of such activities include air shows, fly-ins, special aircraft operations, balloon operations, skydiving, parachuting, glider operations and ultra light operations. B. The Airport Manager may recommend to the council specific rules and procedures to govern the operations of activities described in section IX.A., with the objective of lessening or eliminating the negative impact. The Airport Manager shall consult with and the council will consider recommendations concerning proposed rules and procedures. The Airport Manager may make recommendations to other city boards, commissions or task groups to minimize impact. X. Aircraft operation - airspace and noise abatement. A. The Airport Manager may recommend Noise Abatement Procedures to the council for approval. B. Any person operating aircraft at the airport shall abide by the approved Noise Abatement Procedures. XI. Non-public aircraft fuel dispensing. A. Purpose. 1. Except as stated in these regulations, only an FBO shall refuel aircraft at the airport. The FBO must possess a valid public aircraft fuel dispensing permit. The FBO shall meet the regulatory requirements of equipment, operations and training as stated in these regulations and the code. 2. This section provides requirements for maintaining control of such aircraft refueling operations, and the issuance of a non-public aircraft fuel dispensing permit. B. General requirements. 1. Any person, other than an FBO, wanting to fuel aircraft at the airport must have a non-public aircraft fuel dispensing permit. The permit is available through application with the Airport Manager. 2. A person applying for a non-public aircraft fuel dispensing permit, hereinafter referred to as the permittee, shall provide the Airport Manager with a detailed description of the intended fueling operation, including a description of the fueling equipment to be used. 3. All aircraft fueling operations conducted at the airport shall be conducted in compliance with the National Fire Protection Association manual, Standard 407, Standard for Aircraft Fuel Servicing. A copy of this standard is available from the Airport Manager. 4. The permittee shall notify immediately the Airport Manager of any fuel spill or hazardous condition that occurs on the airport. 5. The permittee is responsible for all costs associated with any fuel spill cleanup and removal of contaminated material associated with the fueling operation conducted under this regulation. 6. The permittee shall have a 20-BC rated fire extinguisher readily available while transporting or dispensing fuel on the airport. 7. City fire department representatives and the Airport Manager, or designee, may immediately suspend any fueling operation for violation of any item or term of a non-public aircraft fuel dispensing permit, or for non-compliance with the adopted fire code. C. Limitations of the non-public aircraft fuel dispensing permit. 1. Prior to issuance of a fueling permit, and subsequently upon request by the Airport Manager, the permittee shall provide evidence of ownership or a valid lease or rental agreement for any aircraft being fueled. 2. The permittee shall not sell fuel to any person. Sale of fuel by the permittee to any person shall be grounds for immediate revocation of the permit. D. Fees and taxes. 1. The fuel flowage fee shall be set by the council, with advice from the Airport Manager. 2. The permittee shall report any fuel dispensed during each calendar quarter and submit such report and the appropriate fuel flowage fees to the Airport Manager by the 15th of the subsequent month. XII. Regulations enforcement and change. A. Enforcement. 1. The Airport Manager, and other duly appointed city representatives, shall enforce these regulations. All persons, whether under lease with the city, sublease thereof, or otherwise, shall abide by these regulations and applicable provisions of the code. In addition to any other prescribed penalties, failure to abide by these regulations or applicable provisions of the code may result in lease termination and revocation of airport privileges. B. Change of regulations and rules. 1. Any change in regulations adopted by the Federal Aviation
Administration
which affects these regulations shall be automatically implemented
without
requiring any immediate action on the part of the city. XIII. Minimum standards and requirements for development and maintenance. A. General provisions. 1. No building or structures may be constructed or altered unless the owner has a valid lease with the city. No construction or alteration of any structure, including permanent signs, may begin unless detailed plans and specifications are on file and approved by the city’s department of community development, and signed "approved by Airport Manager". 2. All persons leasing land at the airport, and their tenants, shall keep their leased areas maintained, including repair of asphalt, if paved, and free of weeds. Additionally, all persons leasing land at the airport must keep their buildings in repair. Determination of adequate maintenance is within the authority of the Airport Manager. Failure to keep the leased area and improvements maintained can cause termination of the lease, or cause the city to enter the area, correct the maintenance deficiency and charge the person the actual cost of corrective action, which must be paid within 60 days or the lease is subject to termination. 3. A written agreement in the form of a plot plan, properly executed by the city and the person requesting the activity, is a prerequisite to any activity at the airport. All leases and other activities at the airport shall be subject to the provisions of these regulations and the code. 4. These minimum standards may be supplemented and amended by the city, from time to time, in such manner, and to such extent as is deemed proper, or necessary. 5. In all cases where the words "standards" or "requirements" appear, it shall be understood that they are modified by the word "minimum". All persons are encouraged to exceed the minimum requirements. No person shall operate or conduct an activity at the airport in violation of these regulations or the code. All privileges and activities the city grants to any person shall be nonexclusive. No lease agreement shall be construed to grant an exclusive right to conduct an activity or business on the airport. B. Development criteria.- Airport Development Proposal Policy 1. Scope- The purpose of this policy is to set forth guidelines for the conduct of all future development activities at Tombstone Airport. This is to include the remaining build out of the Master Plan and all activity to be covered under the approved Airport Business Plan. 2. Initial Letter of interest- Developers who have an interest in constructing hangar facilities or starting a business at Tombstone Airport may submit a Letter of Interest to the Airport Manager at any time. The letter should have the following contents: -Submittal date. 3. Disposition of letters of interest- The Airport Manager will keep all Letters of Interest on file. The Airport Manager will send a Request for Bids (RFB) Letter to each individual or company that has submitted a Letter of Interest, as well as posting the RFB, when the Airport Manager and the Board have opened a new area of developable land for bid proposals. The Airport Manager and Board will specify the general requirements for the development bid as well as the bid period. The Airport Manager and the Board will also determine the length of the bid period. The date of this letter will start the bid period and the closing date will be stated on the letter. 4. following contents: -Submittal date. 5. Development bid review/selection- Upon the close of the bid period, the Airport Manager and the Council shall review all bids and rank them with those that align most closely with the Airport Development Goals as outlined in the Master Plans related Business Plans and general requirements outlined in the RFB, given highest priority. The selection criteria for each bid period will be established prior to the interviews and the Board will be briefed on this criteria as well as the customary interviewing protocol. The top ranked Bid submitters will then be interviewed by the Airport Manager. Upon the completion of these interviews, a final selection will be made from these Bids. The selected bidders, will be advised to continue the development process as administered by the Airport Manager and the respective affected City of Tombstone departments. The development checklist will be provided by the Airport Manager. Depending on the area of developable land that has been opened up, multiple Bids may be selected at a time. This is to be at the discretion of the Airport Manager and the Council for each area as it is opened for development and will be stated in the initial Request for Bids. 6. Development schedule-After the final selection of the bids, the Airport Manager will send a Bid Award Letter to the selected developer(s). They will then have sixty (60) days from the date of the letter in which to determine the feasibility of undertaking the proposed project at Tombstone Airport and to submit a lease to the Airport Manager. An extension may be granted by the Airport Manager if the developer is delayed by any City of Tombstone department, but the lease must be presented in ninety days or it will be returned to the Council for further action. The sixty day period allows for the following information to be obtained: -Determine the location of the project on the airport to
coincide with
the requirements of the proposed venture. This would include water,
electrical
and sewage connections, if required. Also included would be the impact
of the completed project on airport operations and other airport
tenants. 7. First right of refusal- Each individual or company with a selected bid must submit a lease to the Airport Manager within the timeframe specified above, or lose their right to lease the property requested by the Development Bid. The next highest ranked Bid will have a First Right of Refusal for this property of interest and a Bid Award Letter will be sent. If a Bid awardee should decide not to continue on at any time during the process , they may, in writing to the Airport Manager, cancel their Bid. If such cancellation is received by the Airport Manager, the next highest ranked Bid will have a First Right of Refusal for this property of interest and Bid Award Letter will be sent. C. Site design. 1. All site design shall be in compliance with the adopted Airport Layout Plan for the Tombstone Airport. 2. Site development on airport perimeter property may be required to provide for landscaping to screen and buffer automobile parking areas and aircraft tie-down areas from off-site areas and public rights-of-way. Site landscaping may also be required at other locations on airport property determined on a case by case basis by the Airport Manager and the city. Landscaping must increase and enhance the visual aesthetics of the airport. Landscaping shall not pose operating hazards to aircraft or vehicular traffic. D. Buildings. 1. All buildings shall be of permanent construction. No temporary or portable buildings shall be permitted unless they are specifically for use as temporary construction facilities or specifically permitted and approved by the city, considering any recommendations from the Airport Manager. 2. Buildings shall be designed to be compatible with the overall airport aesthetics. Final approval of all proposed building designs shall be by the city, considering any recommendations from the Airport Manager. 3. Signage shall be in compliance with the city’s sign code and compatible with the overall airport site master plan. F. Review process. 1. The Airport Manager must review each lease, and recommend to council approval or denial of the lease. 2. The lease is then scheduled for council consideration (first meeting). If the council approves for second reading, the lease is scheduled for a public hearing two weeks later (second meeting). XIV. Fixed base operator (FBO). A. Minimum requirements. 1. Any person wanting to enter into a lease or contact with the city to operate an FBO at the airport must meet the minimum requirements as stated in these regulations, and all applicable provisions of the code. 2. An FBO must construct or lease a building on the airport with adequate space to house the operation including: office space, public waiting area, public restrooms for customers, and public telephone available on a 24 hour basis. 3. An FBO must provide aviation petroleum products for sale and plane delivery at the airport. The FBO shall ensure fuel availability 24 hours a day, 365 days a year. 4. Aircraft fuel service and all fueling equipment, including mobile dispensing equipment, shall meet the applicable codes and standards including the National Fire Protection Association, Standard 407 and the Uniform Fire Code, most currently adopted edition. Personnel dispensing fuel shall be trained in accordance with Standard 407. Fueling vehicles shall be inspected by federal and state agencies having jurisdiction in their use and by the city’s Fire Chief prior to being placed into service at the airport. Fueling equipment will require semi-annual inspections after being placed into service. Any aircraft fueling equipment found to be in non-compliance with federal, state, or city standards shall not be allowed to operate on the airport premises until all discrepancies are corrected to the satisfaction of the citing agency and the Airport Manager. 5. The FBO shall be responsible for fueling operations and shall hold the city harmless if the FBO or agent causes an environmental accident or incident involving release of petroleum base liquids upon the ground or other airport property. 6. An FBO shall provide an aircraft tie-down area with adequate tie-down anchors, ropes, cables or chains of adequate strength to insure aircraft security during high wind conditions. The tie-down area shall be for the exclusive purpose of aircraft tie-down. The tie-down area shall be properly maintained with marked access to airport taxiways. The FBO shall properly paint and maintain taxiway lines and aircraft parking stripes to assist pilots in maneuvering aircraft on the premises. Snow and ice shall be removed from the leased tie-down area in a timely manner at the expense of the FBO. 7. The FBO shall provide a customer and employee parking area within convenient walking distance of the aircraft tie-down area and FBO offices. The FBO shall remove snow and ice from the parking area in a timely manner at its expense. B. Optional services. 1. Any person operating an FBO at the airport may offer additional services, as approved by the council, upon recommendation by the Airport Manager. XV. Specialty base operator (SBO). A. Minimum requirements. 1. Any person wanting to enter into a lease or contract with the city to operate a SBO at the airport must meet the minimum requirements as stated in these regulations, and all applicable provisions of the code. 2. The council after recommendation by the Airport Manager, may require a person wanting to operate a SBO to construct or lease a building on the airport with adequate space to house the operation including, but not limited to, restrooms for customers, and employee and customer parking. 3. For detailed information on the SBO activities including related special rules and requirements, refer to the individual SBO leases. XVI. Hangar operator/hangar owner. A. Minimum requirements. 1. Any person wanting to enter into a lease or contract with the city to establish a hangar at the airport, that does not meet the requirements of an FBO or SBO or non-aviation service must meet the minimum requirements of these regulations and the applicable provisions of the code. 2. The council after recommendation by the Airport Manager, may require a person wanting to operate or own a hangar to construct or lease a building on the airport with adequate space to house the aircraft and provide adequate parking. 3. The council after recommendation by the Airport Manager, may require a person wanting to operate or own a hangar to make other improvement either on the leased premises or on the airport to provide an adequate aircraft maneuvering area and taxiway to the public areas on the airport. 4. The hangar operator or hangar owner shall not provide or allow services from the hangar to the general public. B. Optional services. 1. With the written approval of the Airport Manager, a hangar operator or hangar owner may store aircraft parts, tools and equipment used for construction of experimental aircraft or the maintenance and testing of certified aircraft, or store commercial aircraft. 2. Sub-lease of the premises or building does require approval of the city. XVII. Non-aviation service operator. A. Minimum requirements. 1. Any person wanting to enter into a lease or contract with the city to become a non-aviation service operator at the airport must meet the minimum requirements of these regulations and the applicable provisions of the code. 2. The council, after recommendation by the Airport Manager, may require a person wanting to operate as a non-aviation service operator to construct or lease a building on the airport with adequate space to house the operation including, but not limited to, restrooms for customers and employee and customer parking. XVIII. Insurance and liability. A. City liability and tenant insurance. 1. The city assumes no liability or responsibility for any loss, injury, or damage to persons or property by reason of fire, theft, vandalism, wind or other natural causes, nor does the city assume any liability for injury to any person while on airport property or while using any public or private facilities at the airport. 2. Insurance coverage shall be provided and paid for by all persons, including tenants, conducting FBO, SBO, non-aviation related operator, hangar operator and hangar owner activities at the airport. Insurance coverage shall include, but not be limited to, comprehensive public liability and property damage insurance. All insurance policies, endorsements, or certificates will name the city as additional insured. The policies, endorsements or certificates will provide that, relative to any other insurance coverage available to the city, the insurance shall function as primary insurance. The policies will further specify that the insurers may not modify, terminate or cancel coverage, except upon thirty days written notice to city’s risk manager. Only insurance companies authorized to issue policies in Arizona shall provide insurance coverage. XIX. Fees, permits and loss of lease. A. Lease rates. 1. The council shall determine uniform lease rates and terms for leased property at the airport. B. Fees. 1. The council shall determine fees for permits or other licensed activities at the airport. C. Fueling Permit. 1. A person wanting to fuel aircraft at the airport must possess a valid aircraft fuel dispensing permit issued by the city. A public aircraft fuel dispensing permit is required by any FBO at the airport. A non-public aircraft fuel dispensing permit is required by any non-FBO providing fuel at the airport. An application for an aircraft fuel dispensing permit may be obtained from the Airport Manager. Section XI states the requirements for issuance of a non-public aircraft fuel dispensing. D. Loss of lease. 1. Any person who violates these regulations will be given a written notice by the Airport Manager describing the violation and suggesting corrective action. The person may be given a specified time period for corrective action to be completed. If the person does not correct the cited violation, the person’s lease is subject to immediate termination. In cases where the person and the Airport Manager cannot agree on the corrective action to be taken, or if a difference of opinion exists concerning the violation itself the person may appeal the issue to council by giving the city manager written notice within 10 days of receipt of the written notice of violation. 2. Any person who violates the equal opportunity or civil rights of any member of the public, or discriminates against any customer or potential customer, as described by the Federal Aviation Administration non-discrimination clauses, may be given a violation notice by the Airport Manager. If the violation is not corrected within 60 days and the FAA supports the action, the violator will be subject to lease termination. 3. Each FBO, SBO, non-aviation related service operator, hangar operator and hangar owner shall provide a copy of these regulations to any sub-lessee, subcontractor, co-owner or others operating on or from the person’s leased area. |
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