Village of Osceola, WI Article IV Aviation Operations

§ 69-15 Aircraft operation.

A. All aircraft operating at the airport will operate according to established State of Wisconsin and federal aviation regulations. Any individual operating an aircraft on the airport in violation of state or federal aviation regulations will be subjected to enforcement actions by the Federal Aviation Administration or will be subject to enforcement actions commenced by any local, county, state or federal law enforcement officer.

B. All aircraft operations on the airport shall be conducted at the operator's own risk, and the owner and the Commission shall not be liable for any claims arising out of such operations.

§ 69-16 Flying clubs.

A. Each member of the flying club shall have an ownership share in the assets of the flying club or the corporation, partnership or other entity formed to own or lease and operate the aircraft.

B. A flying club may not operate its aircraft for compensation or hire. It may not receive money or reward for the use of its aircraft by a person that is not a member of that flying club, other than sharing the cost of fuel, oil and fees associated with a specific flight when the nonmember is a passenger on that flight.

C. The flying club will keep current a complete list of the club membership and make it available to the Commission upon request.

D. Flying clubs that meet the definition and the requirements of Subsections A, B and C above will be considered as noncommercial operators.

§ 69-17 Commercial aviation fuel and oil services.

The commercial aviation fuel commercial operator maintains aviation fuel storage and transfers that fuel to aircraft for profit. A written agreement between a commercial aviation fuel commercial operator and the Commission shall contain, but shall not be limited to, the following provisions:

A. No commercial fuel operator or individual shall sell and then transfer aviation fuels to any aircraft or vehicle at the airport without a written lease.

B. Commercial fuel operators shall comply with all local ordinances, state statutes and administrative regulations and federal law governing the installation, registration, permit application, recordkeeping, operation, system upgrading and maintenance of all commercial aviation fueling facilities.

C. Commercial fuel operators shall submit to the Commission photocopies of all fuel purchases every three months. Fuel transfers must be made once every 180 days or the lessee's fueling facilities will be subject to closure in accordance with ILHR 10.730 or 10.732.[1]

[1] Editor's Note: See now Ch. SPS 310, Flammable, Combustible and Hazardous Liquids.

D. Commercial fuel operators shall pay to the Commission the prescribed per-gallon tax for each gallon of aviation fuel dispensed through the commercial aviation fuel system. The prescribed tax will be stated in the lot lease granted to the commercial operator by the Commission.

E. Leases on lots that contain commercial aviation fuel systems are not transferable.

F. Neither the owner's lots nor the facilities on such lots that contain commercial aviation fuel systems may be subleased by the lease holder to any individual, business or corporation without prior Commission approval.

G. Commercial operators with lots containing commercial aviation refueling systems shall remove that commercial aviation fueling system from the airport upon business termination in accordance with applicable ILHR[2] and DNR regulation, unless continued operation of the refueling system is approved by the Airport Commission.

[2] Editor's Note: See now the Department of Safety and Professional Services.

§ 69-18 Noncommercial aviation fuel tanks.

A noncommercial aviation fuel user maintains fuel storage and transfers aviation fuel only for its own aircraft and for its exclusive use. The following rules govern noncommercial aviation fuel tanks:

A. No person shall install or maintain noncommercial aviation fuel storage tanks on the airport without Commission approval.

B. At no time shall noncommercial aviation fuel system owners share, lease, sell or in any other manner provide fuel or fueling facilities to any other person or aircraft except those persons and aircraft owned by the system owner or its renter.

C. All noncommercial aviation fuel system owners with underground storage tanks on the lessee's leased lot shall comply with all local ordinances, state statutes and administrative regulations and federal laws governing the registration, permit application, recordkeeping, operation and maintenance of all noncommercial aviation fuel facilities.

D. Noncommercial aviation refueling system owners shall submit to the Commission photocopies of all fuel purchases every three months. Fuel transfers must be made once every 180 days or the lessee's lot fueling facilities will be subject to closure in accordance with ILHR 10.730 or 10.732.[1]

[1] Editor's Note: See now Ch. SPS 310, Flammable, Combustible and Hazardous Liquids.

E. Each quarter, the noncommercial aviation refueling system owner shall submit to the Commission a per-gallon fee for each gallon dispensed through its refueling facilities. The current rate fee for each gallon of aviation gas dispensed from the refueling system will be found in the last lease that the lessee has been granted by the Commission.

F. For safety reasons, noncommercial aviation fuel system owners shall not dispense aviation fuels nor store aviation fuel inside a hangar.

§ 69-19 Minimum standards for all commercial operators.

A. Commercial operators shall lease from the owner an area which is considered sufficient by agreement of the Commission and the operator.

B. The lease shall be for a term to be mutually agreed upon between the parties commensurate with the operator's financial investment and the owner's interest.

C. Each lease for ground space and contract for business at the airport entered into by the Commission shall include each of the following provisions as are required by the state and/or federal government:

(1) Fair and nondiscriminatory provision.

(2) Affirmative action assurances.

(3) Civil rights assurances.

(4) Nonexclusive rights provision.

(5) Other mandated provision.

D. The most current amendment or form of such mandatory lease provision shall be included in each lease at the time of the execution.

E. If so required by the FAA, all commercial operators and their employees and agents shall be certified and trained in accordance with the applicable FAA regulation for the specific operation performed.

F. Any new construction required by any commercial operator shall be in accordance with design and construction requirements of the owner, State of Wisconsin and federal regulation and applicable administrative codes. All plans and specifications shall be submitted to the Commission for approval at least 30 days before the proposed construction.

G. If required by Wisconsin statute or Administrative Code, commercial operators shall provide rest room facilities for customers and employees by installing a private sanitary system or agreeing with the Commission to allow such customers and employees to use the facilities of the Commission.

H. Prior to the sale of a commercial operation, the seller and purchaser shall comply with the following provisions:

(1) The selling commercial operator shall give a thirty-day prior written notice to the Commission of the proposed building or aviation fuel-dispensing system sale.

(2) The purchasing commercial operator shall bring all buildings or aviation fuel-dispensing systems current with all federal, state and local regulations and codes.

(3) The purchasing operator shall meet the requirement of § 69-11 of this chapter.

I. Any commercial operator ending business operations on the airport and failing to remove all personal property from the airport or obtaining a noncommercial lease within 180 days of business termination shall forfeit those building, aviation fuel systems and personal property to the Commission.

J. All commercial operators must comply with § 114.40, Wis. Stats., by disclosing to student pilots and pilots renting aircraft from the commercial operator whether or not the renter is covered under the commercial operator's liability policy. If the renter is covered under the commercial operator's liability policy, the extent of the coverage must be disclosed to the renter.

K. The commercial operator's lease shall contain the waiver and indemnification provisions of § 69-14 and shall further provide for the payment of all Commission and owner-incurred attorney fees and costs in actions brought against the commercial operator.

L. Schedule A[1] contains a list of aeronautical operations and other commercial services along with the required facilities for each type of service shown in a table form. It is incorporated by reference in its entirety in this chapter and may be modified from time to time by resolution of the Commission without requiring specific amendment, addition, deletion or change in this chapter.

[1] Editor's Note: Schedule A is on file in the Village offices.

M. The Commission reserves the right to deny any commercial aviation activities on any private property adjacent to the airport.

§ 69-20 Private property access.

A. There shall be no private property access to the airport without a private property access lease.

B. Private property access shall be used only for the ingress and egress of aircraft.

C. Commercial aeronautical activity on private property is not permitted except as provided in §§ 69-17 and 69-19.

D. Installation of aviation fuel storage or dispensing equipment is prohibited on private property except as provided in §§ 69-17 or 69-18.

E. The Commission shall not provide taxiway to private property. The Commission may allow rent credit for that portion of taxiway on airport property and on the ALP which is incurred by the private property owner, provided that the construction is in accordance to all applicable codes.

F. Lessee shall be responsible for maintaining that portion of the taxiway that lies on airport property between the lessee's property and the nearest appropriate point on an airport taxiway or runway.

G. The Commission shall not provide utilities to private property.

H. Lessee shall sign a noise and aviation easement and nonsuit covenant.

I. All access leases shall prohibit the subleasing of access to any other person or entity; provided, however, that a lessee may lease improvements or facilities made upon its land to another person or entity wishing airport access, provided that person or entity obtains a separate airport access lease with the Commission.

J. The access lease shall be for a term to be mutually agreed upon between the parties commensurate with the operator's financial investment and the owner's interest.

K. Access lease rates are to be established and added to Schedule B[1] of this chapter.

[1] Editor's Note: Schedule B is on file in the Village offices.

L. All leases between the Commission and the lessees of access at the airport shall provide, without limitation based on enumeration, that the lessee agrees to waive, indemnify and hold the owner and Commission harmless against any and all liability and claims of any nature whatsoever for property, casualty and liability damage, injury or death arising in any manner out of the lessee's or its employee's, agent's or invitee's use of airport property and improvements or aircraft, vehicles, equipment or fixtures located thereon or therein.