[Ord. No. 3567, 9-7-2021]
As used in this Chapter, the following terms or phrases are
defined as follows:
Any activity which involves, makes possible or is required
for the operations of aircraft whether or not conducted on or off
airport property which involves, makes possible or is required for
the safety of such operations and shall include (but not by way of
limitation) all activities commonly conducted on airports, such as
charter operations, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, flying clubs, aerial advertising
and surveying, air carrier operations, aircraft sales and services,
sale of aviation petroleum products whether or not conducted in conjunction
with other included activities, repair and maintenance of aircraft,
sale of aircraft parts, sales and maintenance of aircraft accessories,
radio communications and navigation equipment and any other activity
which because of its direct relationship to the operation of the aircraft,
can appropriately be regarded as an aeronautical activity.
An airplane, helicopter, or other machine capable of flight.
The Lawrence Smith Memorial Airport located in Harrisonville,
Missouri.
The person responsible for the daily management and operations
of the Municipal Airport as designated by the City and reports to
the City Administrator, or his/her designee.
An area of the airport where aircraft are parked, unloaded
or loaded, refueled, boarded, or maintained.
Duly elected City officials of the City of Harrisonville,
Missouri.
Harrisonville, Missouri.
Federal Aviation Administration.
Federal Airport Regulations.
A notice filed with an aviation authority to alert aircraft
pilots of potential hazards along a flight route or at a location
that could affect the safety of the flight.
A person who operates the flying controls of an aircraft.
The defined area of the airport prepared for landing and
take-off of aircraft along its length.
A path for aircraft at the airport connecting runways with
aprons, hangars, terminals and other facilities.
[Ord. No. 3567, 9-7-2021]
The provisions of this Chapter shall govern the use and operation
of the airport.
[Ord. No. 3567, 9-7-2021]
A.
The
City reserves the right to adopt standards, rules and regulations,
to amend, alter, or revoke any standard, rule, or regulation, Section,
paragraph, or sentence in this Chapter. The International Code Council's
Fire and Building Codes are hereby incorporated by reference as if
fully set forth herein. If any provision of this Chapter conflicts
with any corresponding provision(s) of the ICC Fire Code and/or ICC
Building Code, the most restrictive code language shall apply. "Most restrictive" shall mean the Code language that imposes
the most restrictions or limitations on someone's activities or conduct.
Violation of these rules may result in the termination of leases,
the prohibition from being upon the grounds of the airport, the loss
of the opportunity to conduct any operations at the airport, or such
other action as the City deems appropriate. The following rules shall
be observed by those operating the airport and by all those who visit
and/or utilize the airport:
[Ord. No. 3583, 4-18-2022]
1.
Entering Airport Grounds. All airport grounds shall only be entered
upon by duly authorized persons or tenants of airport facilities.
Persons entering upon airport grounds do so at their own risk. The
City, its agents, officers, elected officials and employees assume
no liability or responsibility, and shall not be liable or responsible
other than what is required by law, for loss, damage, destruction,
injury or death to any person or persons or to any property by reason
of accident, incident, occurrence or mishap of any nature whatsoever
from any cause whatsoever.
2.
Federal Air Traffic Regulations. Regulations of the Federal Aviation
Administration for aircraft operated anywhere in the United States,
and presently or hereafter effective, are hereby referred to, adopted
and made a part hereof as though fully set forth and incorporated
herein.
3.
Damage To Airport. Any person, corporate or individual, as the owner
or operator of any aircraft causing damage of any kind to the airport,
whether through violation of any of these rules, vandalism, negligence,
or any other type of conduct shall be liable to the City for the City's
actual costs in repairing the damage. Deficiencies noted during an
FAA inspection that are determined to have been caused by a tenant
or his/her aircraft must be corrected immediately following notification
of same.
4.
Damage To Field Lights Or Fixtures. Any person damaging any field
light or airport fixture by operation of an aircraft or otherwise
shall immediately report such damage to the Airport Manager. Any person
causing damage to runway, taxiway lights, or airport fixtures will
be liable for replacement cost of the lights and/or fixtures, and
the City's actual costs in repairing the damage.
5.
Authority To Suspend Operations. The Airport Manager and/or City
may suspend, restrict, or terminate all operations whenever such action
is deemed necessary in the interest of the public health, safety,
or welfare.
6.
Lien For Charges. To enforce payment of any charge made for rents,
repairs, improvements, storage, care of any personal property, and
any other service or good furnished by the airport, the City and its
agents, in connection with operation of the airport, the City shall
have the power to place a lien upon such person property which shall
be enforced as provided by law.
7.
Advertisements And Signs. No person shall post, distribute, circulate
or display any signs, posters, advertisement, circulars or any other
such printed, painted, or written materials without first obtaining
written permission of the Airport Manager. Signs advertising services
provided at the airport may be erected upon the issuance of a permit.
If erected, signs must not interfere with access to the airport or
with maintenance of the airport property. All signs must be properly
maintained and shall not be allowed to deteriorate. All ordinances
or rules related to height of signs on airport property shall be followed.
The Airport Manager shall approve location of the sign. The Airport
Manager may direct signs to be removed at any time.
8.
Licensed Pilots. Only properly registered aircraft and persons authorized
by the Federal Aviation Administration shall be authorized to operate
aircraft upon airport property. This limitation shall not apply to
students in training under licensed instructors, nor to public aircraft
of the Federal Government, State or territory, or political subdivision
thereof.
9.
Soliciting. No person shall solicit funds, goods, donations, or pledges
on the airport property without first securing written permission
of the Airport Manager.
10.
Animals. No person shall enter the airport property with a dog or
other animal unless such dogs or other animals are restrained by leash
or cage and kept under control.
11.
Public Use. The airport shall be open for public use subject to certain
restrictions, which may be necessary due to inclement weather, the
conditions of the landing area, the presentation of special events
and like causes as may be determined by the City and subject to such
fees and charges as may be established without discrimination for
each class of user.
12.
Restricted Areas. No person shall enter any are of the Municipal
Airport which is posted with signs reading "Restricted," "Closed to
the Public," or the like, except persons assigned duty in such areas
or authorized by the Airport Manager or passengers under appropriate
supervision entering such areas for the purpose of embarkation or
debarkation.
13.
Special Events. Any special event at the airport, outside normal
airport operations, shall be requested and permitted through the Airport
Manager, or as required by the City. Under no circumstance shall any
special event conflict with Federal, State or local rules, regulations,
or laws related to airport operations. The City may waive permit fees
for special events if the event is community oriented in nature.
14.
Model Aircraft Flying. Flying model aircraft, kites, drones, etc.,
within the airport property area is prohibited unless authorized in
writing by the Airport Manager.
15.
Buildings For Aeronautical Purposes. All buildings, including hangars,
on Municipal Airport property are to be used exclusively for aeronautical
purposes only.
16.
Vehicles On Airport Property. No person shall operate any vehicle
on the landing or apron areas of the airport unless such person is
licensed to operate such vehicle on the public highways of this State,
and vehicle is licensed for operation on such highways, or is specially
authorized for operation on airport property only. All ground vehicles
shall move and park only in areas designated by management of the
airport.
17.
Gates Kept Securely Closed. All entrance gates to the aircraft parking
apron area shall be kept closed. Any person using the gates shall
ensure they are left securely closed. All field vehicle entrance gates
shall be closed and locked after posted business hours of operation
of the airport. After gates are closed and locked by airport personnel,
any person entering or leaving the airport through such gates shall
leave the gate closed and locked.
18.
Access To Landing And Aircraft Areas. Vehicles and pedestrians on
the landing areas are limited to those under the control of the Airport
Manager, or their designee, or to such vehicles or pedestrians that
have received permission from the Airport Manager, or their designee,
as being necessary for proper conduct of airport business, maintenance,
repairs, or inspection. Such authorized vehicles while on the field
are required to display a checkered or red flag three (3) feet square.
19.
Destruction Of Property. Any person, corporation, or company damaging
or destroying airport property, either by accident or otherwise, shall
reimburse the City for the reasonable value of the repair or replacement
of the property damaged or destroyed.
B.
Leasing
Of Airport Property.
1.
Hangars. Airport hangars owned by the City may be rented to private
individuals, companies or corporations on a monthly or yearly basis
primarily for the storage of active aircraft and ancillary aircraft
support equipment. Short term non-aeronautical use of a hangar may
be permitted in accordance with the current Federal Aviation Administration
regulations. Rental rates shall be established and/or adjusted by
the City. Except where the aircraft is an aircraft under construction
(defined below) or temporarily out of service while undergoing maintenance
or repair, hangars shall be used only for the storage of active and
operational aircraft only. "Active and operational aircraft" shall be defined to mean all aircraft currently licensed and flyable
which are flown to and from the Lawrence Smith Memorial Airport periodically
during the year. Hangars may be used for building amateur-built or
kit-built aircraft (aircraft under construction) but not without the
consent from the Airport Manager. The Airport Manager reserves the
right to inspect an aircraft under construction every ninety (90)
days to ensure demonstrable progress towards completion is being made.
Those leasing hangars from the City shall be required to provide photo
identification including a Missouri driver's license and a pilot's
license valid in the State of Missouri. A copy of each shall be retained
by the Airport Manager. If any information in a tenant's photo identification
changes, the tenant shall update the airport's copy within thirty
(30) days of the change.
2.
Airport Property. The City may lease property within the building
area or other portions of the airport for the construction of hangars,
buildings, aprons, and taxiways in accordance with the approved airport
master plan/airport layout plan. Aviation related activities shall
have priority in all leasing projects. It shall be the responsibility
of the lessee to construct and maintain any pavement improvements
from the edge of their building or hangar to the public-use portion
of the taxiway or taxilane.
3.
Commercial Aviation-Related Rates. Value for the commercial use of
airport property shall be established by market survey to determine
leasehold value of airport property on a square foot-per-year basis.
The rate shall be approved by the City. The annual lease rate will
be calculated by multiplying the total square footage of the property
by the recommended square footage rate. Once established, lease rates
may be adjusted annually based on the inflation rate established by
the consumer price index.
4.
Building Restrictions. No structure may be erected beyond the building
restriction line or in conflict with the approved airport layout plan.
5.
Construction Authorization. All construction must be authorized by
the City via a lease agreement and must be a compatible standard capable
of withstanding winds of eighty-five (85) miles per hour, with doors
open or closed. Furthermore, all structures must comply with the City
building codes and airport zoning and land use ordinances. If the
City has adopted building development standards for the airport facility,
those standards shall be used in conjunction with City building codes.
6.
Lease Term. Each lease term for a private hangar or building shall
be determined by the hangar owner's initial investment and reasonable
payback period. In any case, a lease for a privately owned T-hangar
shall not exceed twenty (20) years, a lease for a privately owned
corporate/box hangar shall not exceed twenty-five (25) years, and
a lease for a commercial aeronautical facility shall not exceed twenty-five
(25) years.
7.
Reversion. All land leases for construction of airport facilities
shall contain reversion clauses consistent with the requirements of
the Federal Aviation Administration. Upon reversion, the immediate
previous lessee shall have first right of refusal to enter into a
rental agreement with the airport for said facility. The rental rate
shall be determined by similarly valued airport facilities.
C.
Land
Lease For Hangar Construction. The City may lease property at the
airport for the purpose of constructing aircraft hangars. The minimum
standards of this Subsection shall be used in all leases used for
the construction of hangars upon airport property.
1.
All existing hangar leases at the time of adoption of this Chapter
shall remain as approved.
2.
Title to any and all buildings and appurtenances, which may be built
on airport property, shall revert to the City when and if the subject
lessee vacates the lease for any given reason or the buildings and
appurtenances cease to be used for aeronautical activities.
3.
All lessees shall pay, at their own expense, all taxes and assessments
against any buildings or other structures placed on the airport property
by them, as well as all taxes and assessments against personal property
used by them in their operations.
4.
All lessees shall abide by and comply with all local, State and Federal
laws, ordinances and policies related to the airport.
5.
All hangars constructed at the airport, except those owned by the
City, shall be constructed upon the execution of a lease document
between the City and the person or firm constructing the hangar. The
lease document shall provide all details related to the lease of property
and construction of a hangar. Leases for the construction of hangars
shall not exceed twenty (20) years. At the end of the 20-year term,
title of hangar shall rest with the City. At minimum, the lease shall
include:
a.
Location of the hangar;
b.
Minimum cost and size of the hangar to be constructed;
c.
Construction material and colors to be used for construction of the
hangar;
d.
Annual lease rate paid to City;
e.
Term of lease;
f.
Taxiway improvements, if required, shall be borne at the cost of
the lessee;
g.
Provision that no fuel facilities shall be allowed;
h.
Provision of who is responsible for payment of utilities;
i.
Types of commercial activities allowed, if applicable; and,
j.
Required FAA economic non-discrimination provisions.
6.
All hangars constructed upon airport property shall meet all building
codes and zoning requirements of the City. All hangars shall comply
with any and all FAA policies and regulations, as applicable. All
preliminary plans and designs of hangars shall be reviewed and approved
by the City prior to construction.
7.
Lessees shall be responsible for payment of all utilities and connection
of utilities to the hangar.
D.
Through-The-Fence
Hangar Leases. The City shall review all applications for operations
that would be classified as "through-the-fence operations." If not
addressed in this Section, all "through-the-fence" applications shall
be in accordance with FAA policies and regulations.
1.
To ensure all "through-the-fence" agreements meet the requirements
of the Federal Aviation Administration, all "through-the-fence" operation
agreements shall be forwarded to the Federal Aviation Administration
for review.
2.
"Through-the-fence" operations shall not be granted via property
deed documents.
3.
"Through-the-fence" operations shall not be granted to residential
property adjacent to the airport facility.
4.
The right of access should be explicit and apply only to the "through-the-fence"
operation.
5.
The "through-the-fence" operator shall not have the right to grant
or sell access through its property so other parties may gain access
to the airfield from adjacent parcels of land.
6.
All "through-the-fence" agreements shall be subordinate to the City's
grant assurances and Federal obligations. Should any provision of
the access agreement violate the City's grant assurances or Federal
obligations, the City shall have the right to amend or terminate the
access agreement to remain in compliance with its grant assurances
and Federal obligations.
7.
The "through-the-fence" operator shall not have a right to assign
its access agreement without the approval of the City. The City shall
have the right to amend the terms of the access agreement to reflect
a change in the value of the "through-the-fence" agreement.
8.
The fee to gain access to the airfield should reflect the airport
fees charged current tenants and users of the airport facility.
9.
"Through-the-fence" agreements shall not have a term greater than
twenty (20) years from the initial date.
E.
Aircraft
Operations.
1.
Abandoned, Wrecked, Or Disabled Aircraft. The owner, pilot, or operator
of any aircraft which becomes abandoned, wrecked, and/or disabled
at the airport shall be responsible for the prompt removal of the
wrecked or disabled aircraft, and parts thereof, as directed by the
Airport Manager. In the event the owner, pilot, or operator fails
to comply with such directions, the abandoned, wrecked, or disabled
aircraft, and parts thereof, may be removed by the Airport Manager
at the expense of the owner, pilot, or operator. Further, the owner,
pilot, or operator of any abandoned, wrecked, and/or disabled aircraft
shall be liable to the airport for any lost revenue due to the aforementioned
aircraft. The City shall bear no liability for damage to aircraft
while removing abandoned, wrecked, or disabled aircraft.
2.
Accident Reports. Persons involved in or witnessing an aircraft accident
on airport property shall report such accident to airport personnel
or the nearest Law Enforcement Officer as soon as it is reasonably
possible to do so. Such person may be requested to make a written
statement if required.
3.
Noise Abatement. All persons operating aircraft from the airport
shall comply with all noise abatement procedures, traffic patterns,
and policies as may be established by the City and acceptable to the
Federal Aviation Administration.
4.
Repairs And Maintenance To Aircraft. No aircraft shall be repaired
on any part of the landing, taxiway, or apron areas of the airport
property. No aircraft shall be repaired or maintained except in locations
designated by the Airport Manager for such purposes.
5.
Foreign Objects. No foreign objects, including bottles, cans, scrap,
or any object that may cause damage to an aircraft, shall be left
upon the floor of any building, or upon any part of the surface of
the airport property.
6.
Ultra-Light Aircraft. Use of the airport by ultra-light aircraft
shall be subject to approval by the Airport Manager and shall be in
accordance with Federal Aviation Regulations and other rules set by
the City.
F.
Ground
Operations Of The Airport.
1.
Dispensing Of Aircraft Fuel.
a.
No aircraft shall be fueled from any delivery truck, fuel pump, or
container unless the aircraft is located completely clear of all buildings
or hangars. An exception to this shall apply to aircraft being repaired,
tested, or maintained by a certified aircraft mechanic.
b.
Smoking or open flames within fifty (50) feet of any aircraft or
fuel truck or fuel facility is prohibited.
c.
With the exception of agricultural aircraft, aircraft shall not be
fueled while the engine is running.
[Ord. No. 3583, 4-18-2022]
d.
All aircraft shall be positively grounded to the fuel truck or other
fueling equipment when being serviced with fuel.
e.
Aviation or auto fuels shall not be stored within a hangar.
f.
If types of fuel required for aircraft are not offered by the City,
that type of fuel may be brought upon City property for the fueling
of the aircraft. If brought onto airport property, it shall be approved
by the Airport Manager in advance and the fuel storage tank shall
have double wall containment or other suitable means of spill containment.
[Ord. No. 3583, 4-18-2022]
2.
Tie Down And Security Of Aircraft. All aircraft not hangared shall
be tied down or secured at night and during inclement weather. All
aircraft owners or their agents are responsible for the tie-down and
security of their aircraft at all times.
3.
Running Aircraft Engines.
a.
On aircraft not equipped with brakes, the engine shall not be started
until aircraft wheels have been secured with blocks attached to ropes
or other suitable means for removing them.
b.
No aircraft will be propped, started, or left running without qualified
personnel in the cockpit at the controls.
c.
No aircraft engine shall be started, run, or warmed up until the
aircraft is in such a position that the propeller stream or jet blast
will clear all buildings and groups of people.
4.
Aircraft On Taxiway.
a.
No person shall taxi an aircraft until they have ascertained there
will be no danger of collision with any person or object in the immediate
area.
b.
Aircraft will be taxied at a safe and prudent speed, and in such
manner as to be at all times under control of the pilot.
c.
Aircraft not equipped with brakes will not be taxied near buildings
or parked aircraft unless an attendant is at a wing of the aircraft
to assist the pilot.
d.
Aircraft shall not taxi onto the runway if there is an aircraft approaching
to land, or in the ground in take-off position.
e.
There shall be no taxiing of aircraft by engine power into or out
of hangars.
5.
Parking Aircraft.
a.
Aircraft shall be parked or tied down only within the areas designated
by the Municipal Airport for that purpose.
b.
Aircraft will not be parked in such a manner as to hinder the normal
movement of other aircraft and traffic.
c.
It is the responsibility of the pilot when leaving a parked aircraft
unattended to see that the plane is properly chocked and/or tied down.
d.
Pilots are prohibited from loading or unloading aircraft with the
engine running.
G.
Airport
Safety.
1.
Landing And Take Off Rules. All aircraft operators must comply with
the standards set forth by the Federal Aviation Regulations and refer
to the most current published documents regarding the airport facilities.
2.
Fire Safety.
a.
Compressed flammable gas shall not be stored or kept upon the airport
property, except at such places designated by the Airport Manager.
b.
Only approved cleaning products shall be used in cleaning motors,
or other parts of an aircraft or building floors inside a hangar or
other building.
c.
Floors of all buildings shall be kept clean and free from oil.
d.
No smoking shall be allowed in any area of the airport property posted
"No Smoking."
e.
No trash, boxes, crates, cans, bottles, paper, tall grass/weeds,
or other litter shall be permitted to accumulate in or about a hangar
or tie down area.
[Ord. No. 3583, 4-18-2022]
A.
Enforcement
Authority. The City Administrator, and/or his or her designee shall
enforce this Chapter to issue citations for violations of this Chapter
as described within.
B.
Police
And Fire Authority. The Harrisonville Police Department and Harrisonville
Emergency Services Department are authorized to enforce this Chapter
and to issue misdemeanor citations for violations of this Chapter
as described within.
C.
Misdemeanor
Penalty. A person who is convicted of a violation of any provision
of this Chapter which is designated as a misdemeanor shall be punished,
by a fine as established in the City's Comprehensive Schedule of Fees,[1] plus cost of prosecution. Further, any person who shall
violate or fail to comply with any provisions of this Section or who
shall willfully disobey or interfere with the implementation of a
rule, order or directive issued pursuant to this Chapter, shall be
guilty of a misdemeanor.
[Ord. No. 3650, 5-1-2023]
[1]
Editor's Note: The Comprehensive Schedule of Fees is on file
in the City offices.
D.
Denial
Of Privileges. In addition to any other fine or penalty, any person
who violates any provision of this Chapter subject to the City's Federal
Aviation Administration obligations may be denied the use of the Airport
and its facilities by the City Administrator or his or her designee.
A person refusing to leave the Airport premises upon such notice of
denial shall be guilty of a misdemeanor.
F.
Right
To Appeal. Upon being assessed a penalty of denial of privileges,
the violator shall have ten (10) business days to request an appeal.
To request an appeal, a violator must submit his or her request, provided
in writing, to the City Administrator. Failure to request an appeal
within the time limits will be taken as an admission of the facts
and acceptance of the penalty assessed.
