[HISTORY: Adopted by the Board of Supervisors of Oneida County.
Amendments noted where applicable.]
The purpose of this subchapter is to promote the public safety,
welfare and convenience through the limitation of the height of buildings,
structures and objects of natural growth located not more than three
miles from the boundaries of the Rhinelander-Oneida County Airport
and to establish airport operation policies and land use within the
boundaries of the airport in conjunction with the passage of an ordinance
by the Rhinelander City Council substantially in conformance with
this subchapter.
AIRPORT — The Rhinelander-Oneida County Airport
located in Sections 1, 2, 3, 4, 9, 10 and 11, T36N, R8E, Oneida County,
Wisconsin.
Any building, structure, tree, object of natural growth or
use of land which obstructs the air space required for the flight
of aircraft in landing or taking off at an airport, or which is otherwise
hazardous to such landing or taking off.
Any person or business entity who undertakes directly by
hire, lease or other arrangement, to engage in the carriage by aircraft
of persons or property for compensation. This definition includes,
but is not limited to, the following: all classes of air carriers
as defined by the Federal Department of Transportation and/or the
Federal Aviation Administration; commuter and air taxi operators;
and, commercial operators of small aircraft.
[Added by Ord. No. 47-85]
The group of three persons appointed by the owner under § 114.14,
Wis. Stats., which has jurisdiction for the construction, improvement,
equipment, maintenance and operation of the airport and which is known
as the Rhinelander-Oneida County Airport Commission.
Any person, firm, corporation or association conducting any
aeronautical business on the airport. This definition includes, but
is not limited to the following: flight training; aircraft rental;
aircraft sales; aircraft charter or air taxi; airplane and power plant
repair; aircraft line services; and, agricultural application.
[Amended by Ord. No. 47-85]
A building housing one or more aircraft for the personal
or business use of the hangar owner or lessee and wherein no commercial
activities are allowed.
A building composed of partitioned, nested units designed
to house no more than one aircraft in each unit and having single
door openings for each unit.
The person employed by the Commission to administer and enforce
all airport ordinances, leases, agreements, rules and regulations.
Any building, structure, tree or object of natural growth
for use of land which does not conform to a regulation prescribed
in this subchapter or an amendment thereto as of the effective date
of such regulation.
The City of Rhinelander and Oneida County.
Any individual, firm, partnership, corporation, company,
association, joint stock association or body politic, including any
trustee, receiver, assignee or other similar representative thereof.
A level portion of an airport having a surface specially
developed and maintained for the landing and taking off of aircraft.
Any object constructed or installed by man.
Any lands made to acquaint pilots with the aircraft in which
they are flying or the landing facilities at the airport.
[Added by Ord. No. 47-85]
Not to include shrubs, bushes or plants which do not grow
to a height of more than 20 feet.
(1)
The Commission shall have jurisdiction over the construction, improvement,
equipment, maintenance and operation of the airport.
(2)
The Commission shall adopt regulations and establish fees or charges
for the use of the airport not inconsistent with this subchapter.
(3)
The Commission may employ a manager whose duties and responsibilities
shall be specified in writing and whose salary shall be approved by
the owner.
(4)
The Manager, under the supervision of the Commission, shall have
the duty of administering and enforcing all airport ordinances, leases
and agreements and rules and regulations.
(5)
The Commission and the Manager shall meet at the airport at least
once each calendar quarter to inspect the airport facilities, review
operations and financial matters and discuss proposed airport development
and other business.
(6)
The Commission shall, in cooperation with the appropriate City department,
establish an airport accounting system of sufficient detail to enable
the Commission to accurately establish rates and charges, eliminate
inefficient operation and maintenance practices and accomplish sound
financial planning.
(7)
The commission shall prepare and submit an annual report to the owner.
Such report shall include current information on aircraft operations,
based aircraft, airport expenditures and revenues, along with comparative
figures for the past year and projections for the coming year and
include other information deemed pertinent.
(8)
The Commission shall prepare and submit to the owner an annual budget
setting forth anticipated revenues and expenditures, including capital
improvements.
(9)
The Commission shall prepare and submit for adoption by the owner
a resolution establishing minimum requirements for the conduct of
aeronautical services on the airport and an ordinance regulating vehicle
and pedestrian traffic on the airport.
(10)
The Commission shall prepare and submit for adoption by the owner
standard leases and agreements for the various types of airport activities
and land uses authorized in this subchapter.
(11)
The Commission shall make studies and conduct surveys as appropriate
to assist in improving the operation of the airport. It shall cooperate
with the Wisconsin Division of Aeronautics and the Federal Aviation
Administration in airport and system planning functions and other
activities.
(12)
The Commission shall cooperate with and receive the cooperation of
all municipal departments providing services or assistance to the
airport.
(13)
The Commission shall have the power to eliminate nonconforming uses
through purchase or through the use of eminent domain procedures as
may be allowed by the Wisconsin Statutes.
(14)
The Commission shall have the right to trim, prune or remove at the
Commission's expense any tree which is planted after September
22, 1978, and found to be in violation of the height restriction for
the zone in which it is located.
To carry out the purposes and provisions of this subchapter,
the following land use areas are established and depicted in Map A
and Map B:
(1)
Municipal Terminal Area. This area shall be reserved for the public
terminal building and other public use facilities.
(2)
Utility and Service Area. This area shall be reserved for utility,
service, crash, fire and rescue and maintenance facilities operated
by the owner.
(3)
Commercial Aviation Areas.
(a)
This area shall be reserved for commercial aviation business
normally conducted by fixed base operators. Allowable activities include,
but are not limited to, aircraft sales and rental, airframe, power
plant and instrument repair, aircraft fuel and oil dispensing, flight
training and air taxi service.
(b)
Minimum lot sizes and setbacks shall be in conformity with Map
B and building heights shall conform with Federal Aviation regulations.
(c)
The location of specialized commercial aviation businesses that
pose special safety and operational problems, such as agricultural
spraying facilities, shall be considered on an individual basis by
the Commission.
(4)
Corporate Hangar Area.
(a)
This area shall be reserved for noncommercial hangars, excluding
multiple T-hangars, and the exclusive use of this area shall be aircraft
housing. No commercial activities shall be conducted from a corporate
hangar. No flammable liquids shall be stored above or below the ground
nor shall aviation fuel be dispensed in this area other than by dispensing
equipment operating from the commercial aviation areas or fuel farm
areas.
(b)
Lot sizes and setbacks shall be in conformity with Map B and
building heights shall conform with Federal Aviation regulations.
(5)
Multiple T-Hangar Area.
(a)
This area shall be reserved for the location of multiple unit
T-hangars for the storage of aircraft. No commercial activities shall
be conducted from a multiple T-hangar. No flammable liquids shall
be stored or used in this area nor shall aviation fuel be dispensed
into any aircraft while in a hangar. Aircraft, vehicles and equipment
shall be parked in a manner which does not interfere with the movement
of aircraft. Aircraft maintenance or repair that creates a fire hazard
or endangers other aircraft or property of another is prohibited.
(b)
Lot sizes and setbacks shall be in conformity with Map B and
building heights shall conform with Federal Aviation regulations.
(6)
Tie-Down Areas. These areas are reserved for long-term parking of
aircraft based on the airport or those transient aircraft remaining
overnight. Temporary tie-down areas may be designated by the Commission
or Manager.
(7)
Public Apron Areas. These areas are reserved for unloading or loading
passengers and cargo, refueling aircraft and temporary parking of
aircraft.
(8)
Auto Parking Areas. These areas are reserved for automobile parking.
Temporary vehicle parking areas may also be designated by the Commission
or Manager.
(9)
Conservancy and Industrial-Concession Areas. These areas shall be
reserved for the location of businesses compatible with airport operations
and for the possible future development of an industrial park and
for automobile parking.
(10)
Air Cargo Area. This area shall be reserved for the location of businesses
engaged solely in the transportation of everything, except passengers
and baggage.
(11)
Fuel Farm Area. This area is reserved for the underground storage
of fuel used in aircraft. A written agreement between a fuel farm
tenant, other than a fixed base operator, and the Commission shall
contain, but shall not be limited to, the following provisions:
(a)
At no time shall tenant share, sublease or in any other manner
provide fuel or fueling facilities to any other tenant or any other
aircraft, except those aircraft owned or leased for the exclusive
use of the tenant designated in this agreement.
(b)
Tenant shall install and maintain all fuel facilities within
the fuel farm in accordance with plans and specifications approved
in writing by the Commission.
(c)
Tenant shall comply with all federal, State and local laws and
regulations governing the installation, operation and maintenance
of all fueling facilities, equipment and dispensing trucks.
(d)
Dispensing trucks, bulk fuel trucks, emergency vehicles and
other vehicles approved by the Commission or Manager shall be the
only vehicles permitted within the fuel farm.
(e)
All fuel storage shall be in underground tanks with only necessary
equipment, such as valves, meters and vents protruding above ground.
(f)
Each prospective fuel farm tenant shall submit to the Commission
a written proposal which sets forth the extent of operations to include
fuel grades, estimated annual volume, experience and training of fuel
handling personnel, type, size and condition of all fueling facilities
and equipment to be used and provisions for the security and safety
of the facility.
The Commission in carrying out its duties and responsibilities
shall adhere to the following policies:
(1)
The Commission shall refrain from engaging in any activity or providing
any service, excluding airport maintenance, using public employees
or funds that can be conducted or provided satisfactorily by private
parties through proper lease arrangements.
(2)
The Commission shall encourage the development of the airport, especially
in those areas where substantial building costs are incurred by lessees,
by approving long-term leases which provide for the reexamination
and readjustment of rates and charges at specified periods of time
during the term of the lease.
(3)
The Commission may provide or participate in the installation of
utility service up to a lessee's property line. The lessee shall
bear such costs on his leased property.
(4)
No person shall engage in any business or commercial activity whatsoever
on the airport, except under the terms and conditions prescribed in
a written agreement between the lessee and the Commission. Lessees
shall be selected on the basis of their qualifications, financial
capabilities and services offered and not solely by bid basis. In
determining the use of public buildings space, first consideration
shall be given to public necessity and convenience. The Commission
shall provide the State Division of Aeronautics with one complete
copy of each current lease and agreement.
(5)
Buildings to be constructed by lessees shall conform to all State
and local building codes and the building plans shall be subject to
the approval of the Commission, State Department of Industry, Labor
and Human Relations, State Division of Aeronautics and the Federal
Aviation Administration.
(6)
No person shall engage in the activity of storing, transporting or
dispensing of aviation fuels to the general public, except those persons
satisfying the requirements as set forth in the minimum standards
ordinance.
(7)
No person shall engage in the activity of storing, transporting or dispensing of noncommercial aviation fuels, except those persons satisfying the requirements as set forth under § 19.04(11) and holding a written agreement with the Commission to do so.
(8)
The storage of all aviation fuel shall be in underground tanks only
and the Commission shall encourage the installation of all aviation
fuel storage in the fuel farm area.
(9)
Aircraft ground access to the airport property shall not be allowed,
except from an approved Airport Industrial Park as depicted on the
airport layout plan.
[Amended by Res. No. 121-2004]
All zones established by this section are as shown on the map,
dated 2-2-1976, revised 3-9-1978, and 11-23-2003, entitled "Height
Limitation Zoning Map, Rhinelander-Oneida County Airport," identified
as Map C which is made a part of this section as if set forth herein.
For the purposes of this subchapter, certain township sections in
the vicinity of the airport shall be placed in the following designated
areas:
(1)
Area 1, Map C shall consist of Sections 2 and 11, T36N, R8E, as set
forth on the height limitation zoning map.
(2)
Area 2, Map C shall consist of Section 36, T37N, R7E; Sections 28,
29, 31, 32, 33, 34, 35 and 36, T37N, R8E; Sections 1 and 12, T36N,
R7E; Sections 1, 3, 4, 5, 6, 8, 9, 10, 12, 15 and 16, T36N, R8E; and
Sections 6 and 18, T36N, R9E, as set forth on the height limitation
zoning map.
(3)
Area 3, Map C shall consist of Sections 22, 23, 24, 25, 26, 27 and
30, T37N, R8E; Sections 19, 29, 30, 31 and 32, T37N, R9E; Section
13, T36N, R73; Sections 7, 13, 14, 17, 18, 19, 20, 21, 22, 23 and
24, T36N, R8E; and Sections 5, 7, 8, 17 and 19, T36N, R9E, Oneida
County, as set forth in the height limitations zoning map.
The provisions and regulations of this subchapter shall be jointly
administered and enforced by the County Zoning Administrator and the
City Inspector. All existing provisions for the granting of permits
and variances shall remain in effect for each of the respective municipalities.
The right of appeal shall exist in all cases of denials and shall
be made to the Zoning Appeal Board of the respective municipality
from which the denial was issued.
Except as otherwise provided in this subchapter, no structure shall be constructed, altered, located or permitted to remain after such construction, alteration or location and no trees shall be allowed to grow to a height in excess of the height limit indicated on the map referred to in § 19.06 above.
(1)
Future Uses. No structure in Area 1, Map C, shall be constructed, erected or installed or be permitted to remain in any zone created by §§ 19.06 and 19.08 until the owner or his agent has applied in writing for a permit therefor and obtained such permit as provided herein. No structure in Area 2, Map C, in excess of 50 feet shall be constructed, erected or installed or permitted to remain in any zone created by §§ 19.06 and 19.08 until the owner or his agent has applied in writing for a permit therefor and has obtained such permit as provided herein. No structure in Area 3, Map C, in excess of 100 feet shall be constructed, erected or installed or permitted to remain in any zone created by §§ 19.06 and 19.08 until the owner or his agent has applied in writing for a permit therefor and obtained such permit as provided herein.
(2)
Existing Uses. Before any nonconforming structure may be replaced, altered or rebuilt, a permit shall be applied for and secured in the manner prescribed by Subsection (1) above authorizing such change, replacement or repair. No such permit shall be denied if the structure will not become a greater hazard to air navigation than it was on September 22, 1978, or when the application for the permit was made.
(3)
Application. Application for such a permit shall indicate the use
for which the permit is desired and shall describe and locate the
use with sufficient particularity to allow the appropriate County
or City official to determine whether such use would conform to the
regulations herein. If determination is in the affirmative, the permit
applied for shall be issued.
(4)
Posting. The permit shall be posted in a prominent place on the premises
prior to and during the period of construction, erection, installation
or establishment.
(1)
The restrictions contained in § 19.08 shall not apply to objects less than 50 feet in height above natural ground level at the object site in Area 2, Map 3, or to objects less than 100 feet in height above ground level at the object site in Area 3, Map C.
(3)
Nothing herein contained shall require any change in the construction,
alteration or intended use of any structure if the construction or
alteration of such was begun prior to September 22, 1978, and if such
is diligently prosecuted.
(1)
Variances. The right of appeal shall exist in all cases of denials
and shall be made to the Zoning Appeal Board of the respective municipality
from which the denial was issued. Upon appeal in special cases, the
Zoning Appeal Board may, after investigation and public hearing, grant
such variance from the terms of this subchapter as will not be contrary
to the public interest, where owing to special conditions a literal
enforcement of this subchapter would result in unnecessary hardship
and providing that such relief will do substantial justice and be
in accord with the spirit of this subchapter and does not create a
hazard to the safe and normal operation of aircraft.
(2)
Aggrieved Persons. Any person aggrieved or affected by any decision
or action of the Zoning Administrator of the County, or the City Inspector,
made in the administration of this subchapter may appeal such decision
or action to the Zoning Appeal Board of the respective municipality
from which the denial was issued.
(3)
Procedure. Any appeal taken pursuant to this subchapter involving
the denial of an application for a permit or variance by the County
Zoning Administrator shall be in conformity with the County Board
of Adjustment rules of procedure.
[Added by Ord. No. 47-85]
(1)
Terminal Space Rental Fees.
(a)
Each commercial air carrier shall pay for designated space in
the terminal building that is occupied exclusively by such carrier
at the following rates per square foot per annum which rental shall
be paid monthly in advance:
(b)
Each such carrier shall pay in monthly installments its pro
rata share of any designated joint use area it utilizes in the terminal
building of the airport, computed at the rate set forth above in Paragraph
(a).
(c)
The total amount each such carrier shall pay shall be computed
according to the following formula: a sum equal to 20% of such total
annual rental divided by the number of such carriers using such joint
use area plus a share of the remaining 80% of such total annual rental
allocated among such air carriers so that each shall pay monthly the
proportion thereof which the total number of its enplaning passengers
during each monthly period bears to the total number of enplaning
passengers of all such airline lessees during the monthly period.
(2)
Landing Fees.
(a)
Each such air carrier shall pay the following landing fees,
per thousand pounds of certified maximum gross landing weight (MGLW):
(b)
In tabulating weights, the weights of each aircraft shall not
be less than the certified maximum gross landing weight as computed
by the manufacturer and the Federal Aviation Administration.
(3)
Transitional Landing Fees. No commercial air carrier shall use the
airport for transitional landings without complying with the provisions
of this subsection.
(a)
Any above referenced air carrier using the airport for transitional
landings shall pay landing fees as set forth in Subsection (2) above.
(b)
Any such air carrier using the airport for transitional landings
shall file a monthly report with the Manager on a form prescribed
by the Manager. Such report shall be filed with the Manager not later
than 15 days following the month of activity.
(4)
Monthly Flight Report Fees. The monthly report referred to in § 19.14(1) shall be accompanied by the remittance of the air carrier, calculated at the schedule hereinbefore set forth, for the purpose of checking and auditing by the Manager. If any deficiency in such remittance shall be determined, billing therefor shall be sent to the air carrier and, if any overage, the same shall be refunded or credited. If remittance at the rate hereinbefore provided shall not accompany such monthly report, the Manager shall, not later than the 15th day of the month, send statements to the air carrier so reporting, calculated at such rate, which statement shall be due and payable not later than the 25th of each month.
(5)
Delinquent Payments. Any fee, charge, rate, rental or other payment,
whether due under written agreement, the provisions of this section
or otherwise, shall be paid as of the established due date. Any portion
of such fee, charge, rate, rental or other payment which remains unpaid
after the established due date shall bear interest at the rate of
1 1/2% per month, compounded monthly, from the due date until
paid. This section shall become effective as of the date of publication
and shall apply to all delinquencies then or thereafter in existence.
(6)
Periodic Review and Revision. The Rhinelander Oneida County Airport Commission shall retain the authority it has under the provisions of this chapter and the provisions of § 114.14, Wis. Stats., to periodically review and revise the fees and charges set forth herein and to enforce them under the provisions of § 25.04 of this General Code as though such revised fees and charges were set forth herein.
[Added by Ord. No. 47-85]
As a condition precedent to the right of all such air carriers
to use the airport, they and each of them shall comply with all rules
and regulations promulgated by the Airport Commission and all applicable
County ordinances. The Manager or his designee shall be given access
by such air carriers at all reasonable times, in person or by agent,
to examine and check their records, disclosing the information required
hereunder to be reported to them by the Manager.
[Added by Ord. No. 47-85]
(1)
Monthly Flight Reports. As a condition precedent to the right to
use and occupy the airport, each such air carrier shall furnish to
the Manager on or before the 10th day of each month hereafter, certified
as true and correct by the person delegated by such air carrier as
its office representative having custody of the records of the same,
the number of its flights which have landed at the airport during
the preceding month, together with the manufacturer, type and official
landing weight of the aircraft used.
(2)
Passenger and Cargo Reports. Each such air carrier using the airport
shall, in addition to the monthly report hereinbefore provided, at
the same time report to the Manager the quantity of cargo, mail and
express and the number of passengers its flights have handled at the
airport. The Manager shall have the right to prescribe and furnish
forms for the making of all reports required to be made by the provisions
of this section.
[Amended by Ord. No. 47-85]
(1)
General Application. This subchapter shall apply to all commercial air carriers doing business at the County Airport in Rhinelander except those under contract under Subsection (2)(b).
(2)
Exceptions.
(a)
Fixed Base Operator. Charges herein fixed shall not apply to
the operations of fixed base operators, nor shall the same apply to
aircraft not operated for commercial purposes.
(b)
Carriers Under Contract. This section does not apply to any
commercial air carrier using this airport during the term of any contract,
whether of date prior or subsequent to the effective date of this
section, if such contract covers fees to be charged to it for the
use of the airport by its aircraft.
[Amended by Ord. No. 47-85]
Any person who violates any of the provisions of this subchapter shall be subject to a penalty as provided in § 25.04 of this General Code.
Crash, fire, ambulance and rescue or police motor vehicles
and such other equipment as the Commission may designate as necessary
to safeguard airport runways, taxiways, ramps, buildings and other
property.
An area of the public parking lot at the airport, which is
designated as "Area B" on Map D-1, in which parking of vehicles is
permitted only to employees of the airport.
[Added by Res. No. 56-79]
The persons responsible for the enforcement of this subchapter as provided by § 25.04(4)(a)3.
[Amended by Ord. No. 63-87]
An area of the public parking lot at the airport, which is
designated as "Area A" on Map D, in which metered parking stalls are
located in which the public may park vehicles in compliance with the
provisions of this section.
[Added by Res. No. 56-79]
Certain designated and marked off sections of the metered
parking area at the airport within the marked boundaries of which
a vehicle may be temporarily parked and allowed to remain upon the
deposit of parking meter fees as prescribed by this section in the
parking meter located adjacent to each stall.
[Added by Res. No. 56-79]
A mechanical device located adjacent to each stall in the
metered parking area at the airport, which device shall record a certain
period of time by the use of a clock mechanism during which parking
privileges may be extended to the person so depositing a coin in the
device.
[Added by Res. No. 56-79]
The regulation of parking on all areas of the airport is
as depicted by an area on the map entitled "Parking Regulation Map,
Rhinelander-Oneida County Airport," which is on file in the office
of the Clerk and made a part of this section as "Map D-1" and "Map
D-2", as if fully set forth herein.
[Added by Res. No. 56-79]
Any person afoot.
The parking lots located immediately adjacent to and northeasterly
of the terminal building; immediately adjacent to and southwesterly
of the terminal building; along the southerly length of Road "B" between
the travel lane and the curbing; along the southerly boundary of the
public parking lot between "Area A" and the curbing located along
the southwesterly boundary of the public parking lot; and in the parking
lot located on either side of the entrance of the building known as
the "old terminal", which is bound on the north side by the old terminal
building, by a fence line on the east, on the west by a fence line
and on the south by the edge of the paved area. These permit parking
areas are designated as "Area C" on Map D-1 and Map D-2. In the permit
parking areas, the public shall be prohibited from parking any vehicles
at any time and parking shall be restricted only to those individuals,
employees or tenants of the airport or businesses which have been
issued permits for designated parking stalls located in Area C.
[Added by Res. No. 56-79]
On all areas of the airport property, other than the metered
parking area, the employee parking area and the permit parking area,
where parking of vehicles is permitted in compliance with the provisions
of this section, no vehicle parking shall be permitted, except for
purposes of maintenance or improvement of the airport property as
expressly authorized by the Airport Commission or the Airport Manager.
[Added by Res. No. 56-79]
Every device in, upon or by which any person or property
is or may be transported or drawn, excepting aircraft.
(1)
Prohibited. No vehicle shall enter or be driven or operated upon
any airport runway, taxiway, ramp, tie-down area or any area posted
by signs prohibiting entrance thereon.
(2)
Exceptions.
(a)
This section shall not apply to emergency equipment or service,
maintenance and construction equipment when engaged in normal duties.
(b)
Aircraft owners, operators and crews may be authorized by the
Airport Manager or his designated representative to operate a vehicle
to reach their own aircraft in a tie-down area, provided aircraft
owners desiring to operate a vehicle for this purpose shall request
such authorization in advance. Any authorization granted shall apply
only to a specific request and no blanket-type authorization shall
be granted. Unless specifically authorized, vehicles shall not be
driven over any runway, taxiway or ramp and shall proceed through
any tie-down area at a speed not to exceed 10 mph. No vehicle shall
be parked on any area used for the movement of aircraft. Such authorization
shall not be granted contrary to the provisions of Part 139, Federal
Aviation Regulations.
No vehicle shall be driven upon any road within the perimeter
of the airport or upon other airport areas in excess of the posted
speed limit.
No pedestrian shall be allowed beyond the administration area
or upon the apron or aircraft tie-down area, except when embarking
or disembarking an aircraft or unless authorized by the Airport Manager.
Pedestrian traffic is prohibited on taxiways, runways and outlying
areas of the airport, except for employees of the City, County, State
and federal governments or contractors engaged in airport construction
and maintenance.
[Amended by Res. No. 56-79]
The parking of vehicles in the parking areas of the airport
as defined in this chapter and as depicted by area on the parking
regulation map shall be permitted only when in compliance with the
provisions of this section.
(1)
Regulation and Management. The regulation and management of parking
at the airport shall be under the control of the Rhinelander-Oneida
County Airport Commission.
(2)
Powers and Duties of Airport Commission. The Airport Commission shall
have the power to manage and operate the parking areas at the airport.
This section constitutes an exercise of the police power of the City
of Rhinelander and the County by the Airport Commission and the provisions
of this section shall be liberally construed in favor of the Airport
Commission.
(3)
Installation and Maintenance of Meters. The Airport Commission shall
install parking meters in the metered parking area. The Airport Commission
shall provide for the control, operation and use of such parking meters
and shall maintain them in a good workable condition. Where parking
meters are found to be not workable, they shall be promptly removed
and repaired or be replaced with another meter in good working order.
(4)
Metered Parking Regulations.
(a)
When any vehicle shall be parked in the metered parking area
in a stall adjacent to which a parking meter is located in accordance
with the provisions of this section, the owner or operator of the
vehicle shall, upon entering the parking stall, immediately deposit
such coin or coins of the United States as are prescribed by instructions
appearing on the parking meter device to put the meter in operation
for such period of time as the person intends to have such parking
privileges. Failure by the owner or operator of the vehicle to deposit
such coin and put the meter in operation shall constitute a violation
of this section and shall subject such person to the penalty prescribed
hereinafter.
(b)
Parking privileges in a metered parking stall shall be extended
to the owner or operator of the vehicle for a period of 60 minutes
for each $0.05 deposited in the parking meter. Payment of the amounts
for the above periods of time shall be made for parking in each metered
parking stall. If any such vehicle shall remain parked in any such
parking stall beyond the time limit, the parking meter shall, by its
dial and pointer, indicate such illegal parking and such vehicle shall
be considered parked overtime and shall constitute a violation of
this section and the owner or operator shall be penalized as provided
herein. The Airport Commission may establish procedures for the payment
of an extended parking fee for periods of 24 hours or longer and,
in addition, may establish procedures for the advance purchase of
parking permits for extended periods of time including, but not necessarily
limited to, periods of 30 days, 90 days or annual permits.
[Amended by Ord. No. 63-87]
(c)
If a vehicle is parked in a metered parking stall in violation
of this section, it shall be the duty of the individuals authorized
to enforce this section to establish a written report which identifies
the vehicle and the location of the vehicle by metered parking stall
location or appropriate parking meter number; identifies the number
and the name of the state of the license of such vehicle; indicates
the time such vehicle is parking in violation of any of the provisions
of this section; and which shall provide any other facts or knowledge
of which is necessary to a thorough understanding of the circumstances
of such violation. At the time such report is made, a notice shall
be attached to such vehicle informing the owner or operator thereof
that a violation of the provisions of this section has occurred.
(d)
If the owner or operator of any vehicle allows such vehicle
to remain in the metered parking stall after the notice of violation
has been attached to the vehicle, he shall continue to remain in violation
of this section and shall pay a penalty of $2 for each twenty-four-hour
period or any portion thereof that the vehicle remains continuously
parked in the metered parking stall. For each additional twenty-four-hour
period beyond the time when the violation was first reported and the
notice was attached to the vehicle, the enforcement official shall
punch the original notice once.
[Amended by Ord. No. 63-87]
(e)
Within five days of the time when the owner or operator removes
such vehicle from the parking stall or such vehicle is caused to be
removed by the Airport Commission or its authorized agents as provided
in this section, the owner or operator may pay the sum of $2 for the
initial violation and the additional sum of $2 for each additional
twenty-four-hour period or any portion thereof that the vehicle remains
continuously parked subsequent to the initial violation as a penalty
for and in full satisfaction of such violation. The penalty may be
paid by depositing the same in the collection box located near the
pedestrian crosswalk between the metered parking area and the terminal
or the box located in the terminal building on the wall outside of
the Airport Manager's office or by mailing the penalty to or
paying the penalty at the Airport Manager's office in the terminal
within the same five-day period.
[Amended by Ord. No. 63-87]
(f)
A presumption shall be established that the initial violation
occurred and that additional violations occurred during each subsequent
twenty-four-hour period or any portion thereof as soon as the written
report is made by the enforcement official noting the initial violation
as prescribed above and noting each additional violation for each
subsequent twenty-four-hour period or any portion thereof as they
transpire.
(g)
A presumption to a clear, satisfactory and convincing degree
that each such violation has occurred shall be established at the
time that the written report is made as prescribed above by the enforcement
official and shall be overcome only at such time as the owner or operator
of the vehicle provides evidence to indicate that the contents of
such written report is no longer clear, satisfactory and convincing.
(h)
No person shall deface, injure, tamper with, open or willfully
break, destroy or impair the usefulness of any parking meter installed
under the provisions of this section.
(i)
No person shall deposit or cause to be deposited in any parking
meter any slug, device or metallic substitute or any other substitute
for a coin of the United States which may be deposited in the parking
meter as prescribed by instructions appearing on the parking meter
device.
(5)
Regulation of Employee Parking Area, Permit Parking Area and Prohibited
Parking Area.
(a)
When any vehicle shall be parked in the employee parking area,
permit parking area or prohibited parking area, such parking shall
constitute a violation of this section and the owner or operator thereof
shall be penalized as hereinafter set out.
(b)
The violation of this section shall be reported by an authorized
enforcement official in the same manner as is prescribed in Paragraph
(4)(c) above.
(c)
Within five days of the time when the owner or operator removes
such vehicle from the parking stall or such vehicle is caused to be
removed by the Airport Commission or its authorized agents as provided
in this section, the owner or operator may pay the sum of $5 for the
initial violation and the additional sum of $5 for each additional
twenty-four-hour period or any portion thereof that the vehicle remains
continuously parked subsequent to the initial violation as a penalty
for and in full satisfaction of such violation. The penalty may be
paid by depositing the same in the collection boxes which shall be
attached to the parking meters located in the metered parking area
closest to the pedestrian crosswalk between the metered parking area
and the terminal or by mailing the penalty to or paying the penalty
at the Airport Manager's office in the terminal within the same
five-day period.
(d)
For the purposes of this section, a separate and additional
violation shall be deemed to have occurred for each additional twenty-four-hour
period of time or any portion thereof that the vehicle remains parked
in the employee parking area, permit parking area or prohibited parking
area.
(e)
If a vehicle remains parked in the employee parking area, permit parking area or prohibited parking area for in the excess of 48 hours beyond the time when the initial written report of the violation was made as prescribed above, the owner or operator thereof shall be deemed to have left the vehicle unattended and to have abandoned the same and the vehicle shall be subject to being towed away pursuant to the provisions of § 19.26. If the Airport Manager determines that a vehicle improperly parked in the employee parking area, permit parking area or prohibited parking area constitutes a hazard or obstruction to the safe and efficient operation of the airport, he may cause the vehicle to be removed to an appropriate area in order to facilitate the safe and efficient operation of the airport.
(f)
If a written report is made by an authorized enforcement official
indicating that a vehicle has been parked in the employee parking
area, permit parking area or prohibited parking area, contrary to
the provisions of this section, the same presumption shall be deemed
established as is indicated in Paragraph (4)(f).
The Commission shall see that suitable signs are erected and
zones indicated by paint markings on the airport property, such signs
and zones to indicate the parking restrictions applicable to that
area and determined by the Commission.
(1)
The Commission shall designate and post with official signs tow away
zones where no parking of vehicles is permitted at any time or during
certain designated periods of the year.
(2)
Whenever any enforcement official finds a vehicle stopped or parked
in a designated tow away zone during the time such tow away provisions
are in effect and thereby in violation of this section, he shall cause
the same to be removed by such towing company as may be designated
by contracts with the Commission. Such vehicle shall be removed to
a storage area of such towing company and kept there until the owner
presents to the towing company a release from the County Sheriff's
Department or the Commission authorizing the towing company to release
such vehicle to him.
(1)
Prohibited. No person shall leave unattended any vehicle within the
area of the airport for such time and under such circumstances as
to cause the vehicle to reasonably appear to have been abandoned.
Whenever any vehicle has been left unattended for more than 48 hours
beyond the time limit appearing on any official sign covering a designated
area, the vehicle is deemed abandoned and constitutes a public nuisance.
(2)
Impoundment.
(a)
Any vehicle in violation of Subsection (1) shall be impounded
until lawfully claimed or disposed of pursuant to Subsection (4),
except if an authorized representative of the Commission or an enforcement
official determines the towing and storage charges for impoundment
would exceed the value of the vehicle, the vehicle may be junked by
the Commission prior to expiration of the impoundment period upon
determination by the County Sheriff having jurisdiction that the vehicle
is not wanted for evidence or any other reason.
(b)
Any enforcement official who discovers any abandoned vehicle
shall cause the vehicle to be removed to a suitable place of impoundment.
Upon removal of the vehicle, the enforcement official shall notify
the County Sheriff and the Commission of the abandonment and of the
location of the impounded vehicle.
(3)
Owner Responsible for Costs. The owner of any abandoned vehicle,
except a stolen vehicle, is responsible for the abandonment and all
costs of impounding and disposing of the vehicle. Costs not recovered
from the sale of the vehicle may be recovered in a civil action by
the County against the owner. Whether or not the Commission recovers
the cost of towing and enforcement, the Commission shall be responsible
to the towing company for requisitional towing services and reasonable
charges for impoundment.
(4)
Disposal.
(a)
After having a professional appraisal made, any vehicle determined
by the Commission to have a value in excess of $100 shall be retained
in storage for 14 days after notice has been sent by mail to the owner
and lienholder of record to permit reclamation of the vehicle after
payment of accrued charges. Thereafter, the Commission may dispose
of the vehicle by sale as provided by this section.
(b)
Any abandoned vehicle determined by the Commission to have a
value of less than $100 after professional appraisal may be disposed
of by direct sale to a licensed salvage dealer upon determination
that the vehicle is not reported stolen.
(c)
Within five days after the sale or disposal of a vehicle, the
Commission shall direct the County Sheriff's Department to advise
the Division of Motor Vehicles of the sale or disposition on forms
supplied by the Division.
[Amended by Ord. No. 63-87]
The Airport Commission shall designate employees and/or agents
of the Commission to enforce the provisions of this subchapter.
(1)
Violation of § 19.24(4)(A)-(D). Any person who shall violate
the provisions of § 19.24(4)(a)-(d) shall, upon conviction
thereof, be subject to a forfeiture of not less than $2 nor more than
$20 for each violation as hereafter provided, together with costs.
[Amended by Ord. No. 63-87]
(2)
Violation of § 19.24(4)(H) and (I). Any person who shall violate the provisions of § 19.24(4)(h) and (i) shall, upon conviction thereof, be subject to a forfeiture of not less than $15 nor more than $200 for each separate violation as hereafter provided, together with costs.
(4)
Violation of § 19.26(7). Any person who shall violate the
provisions of § 19.26(7) shall, upon conviction thereof,
be subject to a forfeiture of not less than $15 nor more than $50
as hereafter provided, together with costs.
(5)
Payment of Stipulated Penalty. Any person who has been issued a notice of violation of any provision of this section may stipulate to and pay a penalty for and in full satisfaction of such violation in the manner prescribed for the stated violation as provided elsewhere in this section. Any person who has violated the provisions of § 19.26 may stipulate to the payment of the forfeiture provided herein under the following terms and conditions:
(a)
If the vehicle was towed away and a stipulation is reached within
72 hours of the violation, upon payment of the sum of $15.
(b)
If the vehicle was towed away and stipulation is reached more
than 72 hours after the violation, upon payment of the sum of $25.
(c)
If the vehicle was towed away, for every twenty-four-hour period
commencing 24 hours after the violation, the violator will be required,
in addition to the stipulation of forfeiture, to pay the towing company
for removal and storage of the vehicle. At the end of 30 days, the
vehicle shall be deemed abandoned and disposed of in accordance with
provisions of this section.
[Amended by Ord. No. 63-87]
(d)
If a stipulated deposit is so paid, the Airport Manager or his
agent shall advise the person in writing that:
1.
If he fails to appear in court at the time fixed in the citation,
he shall be deemed to have tendered a plea of no contest and submitted
to a forfeiture plus costs not to exceed the amount of the deposit;
or
2.
If he fails to appear in court at the time fixed in the citation
and if the court does not accept the deposit as a forfeiture, he will
be summoned into court to answer the complaint.
3.
The arresting enforcement official or the person receiving the
deposit shall issue the arrested person a receipt therefor.
(6)
Each Day Considered Separate Violation. Each day's violation
of any of the provisions of this chapter shall be considered a separate
and distinct violation thereof for the purpose of assessing penalties.
