CITY OF SHOW LOW RESOLUTION NO. R2008-07

A RESOLUTION OF THE MAYOR AND COUNCIL OF THE CITY OF SHOW LOW, ARIZONA, RESCINDING RESOLUTION NO. R2005-29 AND DECLARING THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED AIRPORT RULES AND REGULATIONS TO BE A PUBLIC RECORD

RECITALS:

WHEREAS, on June 21, 2005, the Mayor and Council of the City of Show Low adopted Resolution No. R2005-29 declaring that certain document filed with the City Clerk entitled Show Low Regional Airport Rules and Regulations to be a public record; and

WHEREAS, it is the purpose of this resolution to rescind Resolution No. R2005-29; and

WHEREAS, Arizona Revised Statutes §9-802 provides for the adoption of a code or public record by reference; and

WHEREAS, it is also a purpose of this resolution to declare the new Airport Rules and Regulations to be a public record for adoption by reference as new Article 16-3 of the Show Low City Code.

ENACTMENTS:

NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the City of Show Low, Arizona that Resolution No. R2005-29, passed and adopted on June 21, 2005, is hereby rescinded.

BE IT FURTHER RESOLVED that certain document entitled Airport Rules and Regulations, three copies of which are on file in the office of the City Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the City Clerk.

PASSED AND ADOPTED this 4th day of March, 2008, by the Mayor and Council of the City of Show Low, Arizona.

                                                                        ________________________________

                                                            Rick Fernau, Mayor

ATTEST:

__________________________

Ann Kurasaki, City Clerk

APPROVED AS TO FORM:

__________________________

K. Kane Graves, City Attorney

ARTICLE 16-3.  AIRPORT RULES AND REGULATIONS

Sec. 16-3-1.  Purpose, scope and authority.

(a)       Purpose and scope.  The provisions of this document are intended for the safe, orderly and efficient operation of the Show Low Regional Airport, hereafter referred to as the “airport.”

(b)       Authority.  The airport is owned and operated by the City of Show Low.  All users, customers, tenants, and visitors of the airport shall be governed by the airport governing documents.  In addition to applicable laws, these rules and regulations, the airport minimum standards and airport rates and charges are the airport's governing documents.  All users, customers, tenants and visitors to the airport shall be deemed to have granted their implied consent to the airport governing documents.

(c)        Compliance.  All operations and activities conducted upon the premises of the Show Low Regional Airport shall be in accordance with all applicable federal, state, local laws, regulations, ordinances or other governing documents.  Said laws and regulations, as amended from time to time, are hereby incorporated herein by reference.

(d)       Enforcement.

(1)       The airport manager shall enforce these rules and regulations with the assistance of the city manager, city attorney and the police department.

(2)       The Show Low police department may remove or evict from the airport premises any person who knowingly, willfully or recklessly violates any adopted rule or regulation. 

(3)       If any provision of these rules and regulations is held to be invalid by a court of competent jurisdiction, the remainder of these rules and regulations shall remain in effect.

(e)       Variance.

(1)       Any variance to the requirements of these rules and regulations may be granted by the city manager when strict enforcement of these rules and regulations is impractical, results in unnecessary hardship or is contrary to the public interest in the safety of flight operations; provided that the variance shall not result in the endangerment of the public health, safety or welfare and are in substantial conformity with the intent of these rules and regulations.

(2)       When an emergency exists at the Show Low Regional Airport, the airport manager is empowered to issue directives and take such action as necessary to protect people, property and assets and promote the safe operation of the airport.  Such directives and actions of the airport manager have the power of regulation as long as the emergency exists.

(3)       The City of Show Low reserves the right to amend, revoke, cancel or change any and all of the rules and regulations established herein at any regular or special city council meeting without additional notice.

(f)         Adoption of federal and local regulations.  Should any part of these rules and regulations conflict with federal or state law, then such federal or state authority shall take precedence.

(g)       Waiver of liability.  Except as otherwise provided by law, any use of the airport and its facilities, or to fly to, from, or over the same shall be at all times conditioned upon the assumption of full responsibility and risk associated therewith.  To the extent allowed by law, it shall be a further condition thereof that each person, as consideration of the use of the airport and its facilities, shall at all times release and hold harmless the City of Show Low and its employees, and Aviation Advisory Committee members from and against any and all liability, responsibility, loss or damage, resulting to any such person or caused by or on their behalf, and incident to the manner in which the airport is operated, constructed or maintained, or served from within or without, or used from without. To the extent allowed by law, the use of the airport by any person for any purpose, or the paying of fees thereof for the taking off or landing aircraft therein shall be deemed to be their implied consent to the conditions herein set forth.

Sec. 16-3-2.  General rules and regulations.

(a)       Abandonment of property.  No person shall abandon any property on the airport.  If not claimed by the owner within ten (10) calendar days, such articles will be disposed of in accordance with Arizona Revised Statutes.

(b)       Accident reporting.

(1)       Accidents resulting in damage to property, injury requiring professional medical treatment, or interference with normal airport operations must be immediately reported to the airport manager and the Show Low police department.  Reports shall also be made to the NTSB, or the FAA, as applicable, as soon as possible after the occurrence.

(2)       Persons involved in vehicle or aircraft accidents/incidents that result in property damage to city-owned facilities, equipment, or infrastructure, shall be responsible for reimbursement of the cost of damages to the City of Show Low.

            (3)       In the event of an accident contact 911.

(c)        Advertisements and printed materials.  Advertisements and other printed materials shall not be posted, distributed, displayed, or circulated at the airport without the express written consent of the airport manager.  This authorization may include fees, time limits or limit the number of persons distributing the printed materials.

(d)       Alcohol.  No person shall drink any intoxicating liquor upon any portion of the airport open to the general public, except in such restaurant or other place as shall be properly designated and licensed for on-premises liquor sales.

(e)       Animals.

(1)       Animals are not allowed within the airport restricted area unless under the control of their owner or handler by leash, harness, restraining strap, or cage. Leashes, harnesses, and straps shall not exceed six (6) feet.

(2)       No person shall enter any public building with any animal, except animals required for assistance, or when such animals are containerized for air shipment.

(3)       Owners or handlers are responsible for the immediate removal and disposal of animal waste.

(4)       No person shall feed or do any other act to encourage the congregation of birds or other animals on the airport.

(f)         All-terrain vehicles, scooters, bicycles, roller blades and skateboarding.  The use or operation of ATVs (all-terrain vehicles), three-wheelers, scooters, mini-bikes, go-carts, skate boards, bicycles, except portable bicycles used by pilots, roller blades, motorized or non-motorized scooters or similar modes of vehicles are expressly prohibited within the restricted areas of the airport unless prior written permission from the airport manager is received.  This subsection shall not apply to airport staff in the conduct of official business or to those ATVs or similar vehicles being used to tug or tow aircraft into or out of hangars.

(g)       Children.  Children under 16 (sixteen) years of age must be under the supervision of an adult 18 (eighteen) years of age or older at all times when within the restricted areas of the airport.

(h)        Commercial activity.  Commercial activity of any kind at the airport requires the express written permission of the city through a specifically authorized lease, sublease, operating agreement, permit or written temporary permission and the payment of fees, as required.  Ownership or operation of a hangar or building at the airport by a commercial entity that uses the premises in conjunction with their primary business but which does not conduct commercial aeronautical activities at the airport as defined in the airport minimum standards shall not be considered a commercial activity.

(i)         Commercial photography.  No person shall take a still, motion, or sound picture on the airport for commercial purposes without the prior written consent of the airport manager.  Use of city assets may require appropriate fees or offsets.  

(j)         Fees.  Fees, rates and charges shall be established, from time to time, by the city council and paid to the city by users of the airport.

(k)        Lost and found articles.  Lost and found articles shall be deposited with or reported to the airport manager.  Such articles will be disposed of in accordance with Arizona Revised Statutes.

(l)         Obstruction.  No person, except law enforcement officers, fire fighting personnel, TSA, FAA and City of Show Low personnel may intentionally obstruct, delay, physically disturb or interfere with the free movement of any other person on the public areas of the airport. 

(m)      Overnight camping.  Overnight camping on the airport is prohibited unless authorized by the airport manager.

(n)        Permits.  Permits and licenses authorizing activities not otherwise authorized or prohibited on the airport may be issued and revoked at the discretion of the airport manager in writing.

(o)       Signage.  Signs at the airport shall be in compliance with the City of Show Low sign code.

(p)       Solicitation.  No person shall solicit funds or other items from the public on the airport without prior written authorization from the airport manager.

(q)       Smoking.  Smoking is prohibited in any public building at the airport.  Smoking is strictly prohibited on all aircraft ramps, movement and operations areas.

(r)        Storage of equipment or property on non-leased areas.

(1)       Storage of equipment or property not used for aviation or other approved operations is prohibited unless specifically provided for by lease or other contractual agreement, or with the prior written approval of the airport manager. This includes the parking or storage of recreational vehicles, boats, motor homes, personal watercraft, trailers, or similar craft or vehicles, and other motor vehicles. 

(2)       Parking or storage of vehicles or other obstructions in taxiway object free areas is prohibited.

(s)        Storage of equipment or property in/on leased areas.  Equipment or property used by the lessee shall be kept inside any leased hanger or building.  Equipment or property so stored shall be primarily for the use of the aviation operation in accordance with section 16-3-6(a)(6).

(t)         Use of public airport facilities.  No person, persons, firm, association, or corporation shall sponsor, hold, permit or otherwise carry on any activity other than normal airport operations that would impact the operation of the airport without first obtaining written authorization from the airport manager and complying with all the terms and conditions of such authorization.  A term and condition of any authorization shall require written evidence of insurance covering all injury, damages, or claims that might result from such activities be submitted to the airport manager.

Sec. 16-3-3.  Aircraft operations.

(a)       Accidents and disabled aircraft.

(1)       Aircraft accidents/incidents occurring on the airport shall be reported immediately to airport management.  The pilot or operator involved in an accident or incident shall make a written report concerning said accident or incident to the airport manager. 

(2)       Access to aircraft accident/incident scenes is controlled by the airport manager or by the designated person-in-command at the scene.

(3)       Disabled aircraft shall be removed expediently from any operational areas of the airport in accordance with FAA and NTSB guidelines.

(4)       Disabled aircraft are the responsibility of the aircraft owner.  However, the airport manager has the power, authority and option to direct removal or relocation of a disabled aircraft or actually remove the aircraft at the owner's expense that impacts normal airport operations subject to accident investigation requirements.

(5)       Abandoned aircraft shall not be allowed to remain on the airport and shall be removed from the airport premises within 30 calendar days after notification from the airport manager.  The city is authorized to remove a disabled or abandoned aircraft and dispose of the aircraft if it is not removed from the airport after notification is given to the owner in accordance with state or federal law.

(b)       Aircraft/airport operations during hours of Unicom office closure.  The Show Low Regional Airport suggests that all aircraft using the airport broadcast their intentions on the Common Traffic Advisory Frequency (CTAF) in accordance with suggested procedures published in the Airman’s Information Manual.

(c)        Airport closures and restrictions.  In the event that the airport manager believes that the conditions of the airport or any part thereof are unsafe for landings and take-offs or taxiing of aircraft, the airport manager may close or restrict all or part of the airport, and issue a Notice to Airmen (NOTAM) indicating such action and provide notice on AWOS. 

(d)       Engine run-ups.

(1)       Full power aircraft engine maintenance run-ups shall only be conducted at the engine run-up area adjacent to the approach end of runway 24. 

(2)       Operating aircraft engines inside a hangar is prohibited.

(3)       No aircraft engine shall be started or run unless a qualified, licensed pilot or mechanic is attending the aircraft controls.

(e)       Flight demonstrations.

(1)       Demonstrations including test flights or ground demonstrations other than standard maintenance flight tests shall not be conducted on the airport without prior written authorization of the airport manager.

(2)       Aerial flight demonstrations for the purposes of air shows or public displays must be coordinated through the FAA and the city.

(3)       The airport manager specifically reserves the right to temporarily restrict or control activities within aircraft operating areas and public areas of the airport for purposes of aerial and ground demonstrations or for any other public purpose.

(f)         Fly friendly procedures.  Aircraft operators shall, whenever possible, use procedures and flight patterns that mitigate aircraft noise.  The City of Show Low supports the use of the National Business Aircraft Association (NBAA) and Aircraft Owners and Pilots Association (AOPA) noise abatement procedures. The airport’s noise abatement procedures shall be used at the pilot’s discretion when not in conflict with federal aviation regulations, or the safe operation of the aircraft.

(g)       General operating rules.  All aircraft shall be operated in accordance with the FAR.

(h)        Helicopters.  Helicopters shall not be operated with rotors turning unless there is a clear area in all directions from the outer tips of the rotor.

(i)         Instructor and student responsibilities.  Instructors shall fully acquaint their students with these rules and regulations and shall be responsible for the conduct of the students under their direction during dual instruction.  When a student is solo, it shall be the sole responsibility of the student to observe and abide by these rules.

(j)         Parking of aircraft.

(1)       Aircraft shall only be parked in aircraft parking and storage areas.

(2)       The airport manager is authorized to tow or otherwise direct the relocation of aircraft parked or stored in areas that cause an operational or maintenance problem.

(k)        Assurance of aviation-related safety.  The airport manager, or designee, may take the appropriate action to delay or restrict any flights or the conduct of any other aviation-related operations at the airport when necessary for the public health, safety or welfare, except as otherwise specifically provided by the FAR.

(l)         Specialized aeronautical activities.  Hot air balloon operations, skydiving, gliders, para-gliders, powered parachutes and ultralight aircraft operations mixing with commercial, military, and other aircraft activities can create a hazardous environment. Such specialized activities may be subject to restrictions pursuant to FAR 51-90.6(A) operating on the airport.

(m)      Taxiing or towing of aircraft.

(1)       No person shall taxi an aircraft into or out of an enclosed hangar under its own power.

(2)       All aircraft taxiing on any part of the ramp, apron, or taxiways shall proceed with navigation lights on at night and during periods of low visibility.

(3)       No aircraft shall be taxied or engines operated at the airport where the exhaust or propeller blast may cause injury to persons or damage property.  If it is not feasible to taxi an aircraft in compliance with the above, then the engine must be shut off and the aircraft towed to the desired destination.

(n)        Washing, painting and maintenance.

(1)       Washing and maintenance of aircraft or other airport-related equipment shall only be conducted in accordance with environmental regulations and in approved wash racks or other areas designated by the airport manager or within specific tenant areas where such activity is permitted under lease or agreement.

(2)       Aircraft maintenance, other than minor maintenance, as provided in Federal Aviation Regulation Part 43, Appendix A, is prohibited on the ramp areas unless specifically authorized by the airport manager. 

(3)       Painting of aircraft shall be in accordance with Arizona Administrative Code Title 18, Chapter 2, R18-2-727, the International Fire Code and the International Building Code with the exception of minor touch-up painting as may be required after normal maintenance. 

(4)       Doping processes, painting beyond minor touch-up painting or paint stripping shall be performed only in those facilities approved for such activities and in compliance with state statute, the International Fire Code and the International Building Code.

(o)       Weight-bearing capacities.  Aircraft exceeding the published weight bearing capacity of any runway, taxiway, or apron area are not authorized to operate on those areas.  Such unauthorized activity shall be solely at the risk of the operator and in the event that damage to the airport occurs, such operator shall pay the costs of repair or replacement.

Sec. 16-3-4.  Motor vehicle operations.

(a)       City of Show Low traffic ordinances.  State traffic laws and City of Show Low traffic ordinances shall apply to all public roadways on the airport.

(b)       Motor vehicle accident reporting.  Each operator of a motor vehicle involved in an accident on the airport that results in damage to an aircraft or personal injury shall fully report it to the airport manager as soon as possible after the accident.  The report must include the name and address of the person reporting.  Copies of reports taken by City of Show Low police are acceptable for incidents that occur in the public areas of the airport.

(c)        Movement area restricted operations.

(1)       All vehicles shall yield the right-of-way to all taxiing aircraft, pedestrians and aircraft under tow.

(2)       Vehicle operations on the airport’s runways and taxiways shall be restricted to vehicles operated by City of Show Low airport staff during the performance of their duties and as operationally necessary.

(3)       No person(s) shall operate a vehicle on or across the airport’s runways or taxiways unless prior permission has been obtained from the airport manager.  Vehicles so authorized must be equipped with an appropriately sized yellow or amber rotating beacon or strobe and a two-way Unicom-frequency radio in communication with the Show Low Regional Airport Unicom office, unless under the control of an authorized escort.

(4)       Non-city vehicles shall be restricted to the aircraft ramp(s) and the marked public roadways and parking lots unless otherwise provided by lease agreement.

(5)       The airport manager has the authority to deny, restrict or cancel the privilege of any motor vehicle operator from operating within the airport restricted area.

(6)       No person shall operate a motor vehicle at a speed:

(a)       Of more than 15 miles an hour on any aircraft apron or ramp;

(b)       Of more than five miles an hour around aircraft;

(c)        As to endanger any aircraft, vehicle, or person;

(d)       In a reckless or unsafe manner.

(e)       These speed limits shall not apply to airport staff during the conduct of official duties nor to emergency response vehicles responding to an incident or accident.

(7)       Airport and aircraft support vehicles driving within the airport restricted area shall visibly display the company name or logo, and unique identification number on each side of the vehicle.  All construction vehicles and high profile aircraft support vehicles (those whose tallest point is above six (6) feet) shall also be equipped with an appropriately sized yellow flashing or rotating beacon or an orange and white-checkered flag.

(8)       Except while in the process of servicing an aircraft or airport facility, vehicle traffic on the ramp shall drive on the marked aircraft taxi centerline(s).

(9)       Pedestrians shall be allowed only on aircraft parking ramps.  Pedestrians are expressly prohibited from all runways and taxiways.

(d)       Moving of motor vehicles.  The airport manager has the authority to tow or otherwise move any motor vehicle on the airport property for reasons of operational necessity, safety, security, abandonment, illegal or improper parking or police investigation.  The airport may charge a reasonable amount for the moving service and for the storage of the vehicle, if any.  The vehicle is subject to a lien for that charge.

(e)       Parking and standing.

(1)       No person shall park or stand a motor vehicle on the airport except in an area specifically designated for parking or standing.

(2)       Vehicles shall not be parked or left on the aircraft ramps with the exception of vehicles temporarily accessing the ramp(s) to load or offload passengers, baggage, etc.  Vehicles will be required to be removed from the ramp(s) upon the completion of loading or offloading activities.

(3)       Vehicles parked in authorized parking areas shall park in such a manner as to comply with all posted and/or painted lines, signs, and rules.

(4)       Tenant vehicles shall be parked only in areas of their leasehold expressly designated for vehicle parking.

(5)       No person shall park, stop, or leave standing any vehicle, whether occupied or not, on the airport, except within designated parking spaces.

(6)       No person shall park or stand a motor vehicle on the airport within fifteen (15) feet of a fire hydrant.

(7)       Vehicles parked in the airport parking lots, which are not associated with airport operations, are subject to tow and storage at the owner’s expense, if beyond the legal limits of the parking lot.

(f)         Repair of motor vehicles.  Except for persons authorized by the airport manager and for minor repairs necessary to move the vehicle from the airport, no person shall repair a motor vehicle on a road or in a parking area of the airport.

Sec. 16-3-5.  Fire and environmental safety.

(a)       Aircraft fueling operations.

(1)       No commercial fueling vendors shall conduct operations at the airport unless approved in writing by the city.

(2)       All transportation, storage, dispensing and other handling of aircraft and vehicle fuel shall comply with the International Fire Code and FAA Advisory Circular 150/5230-4 as amended.  Two (2) dry chemical fire extinguishers of at least 20-B:C or equivalent shall be available for immediate use.

(3)       Fuel servicing vehicles are prohibited from being parked within fifty (50) feet of, or stored inside, a building. 

(4)       Fuel storage areas will be fenced or will be inside the airport restricted area, with gates and warning placards, prohibiting unauthorized access.

(5)       No person shall fuel or defuel an aircraft on the airport while:

(a)       It is in a hangar or enclosed space;

(b)       It is within ten (10) feet of any hangar or other building on the airport;

(c)        Passengers or patients are in the aircraft, unless the Show Low fire department is standing by at the aircraft with firefighting personnel and equipment.  The cost of an aircraft “stand-by’ shall be borne by the aircraft operator and the operator shall be responsible for arranging such stand-bys.  Aircraft crewmembers may be allowed to remain in the aircraft during fueling operations;

(d)       Aircraft engines are running.

(6)       No person shall start the engine of an aircraft on the airport if there is any gasoline or other volatile flammable liquid on the ground underneath the aircraft.

(7)       Each person engaged in fueling or defueling on the airport shall exercise care to prevent the overflow of fuel, and must have readily accessible and adequate fire extinguishers.

(8)       No person shall smoke or use any material that is likely to cause a spark or be a source of ignition within fifty (50) feet of an aircraft being fueled or defueled.

(9)       Each hose, funnel, or appurtenance used in fueling or defueling an aircraft on the airport must be maintained in a safe, sound, and non-leaking condition and must be properly grounded to prevent ignition of volatile liquids.

(10)     Maintenance and servicing of aircraft fuel servicing vehicles shall be performed outdoors or in a building approved for that purpose by the Show Low fire district.

(11)     Fueling activities shall cease at the discretion of airport fueling personnel when lightning or other dangerous conditions are present.

(b)       Explosives and other hazardous materials.

(1)       Explosives and other hazardous materials not acceptable for transportation under 49 CFR Parts 171 – 180 are not permitted on the airport. Hazardous materials, which pose a present or potential hazard to human health and safety, or to the environment if released, are also prohibited.  Class A or Class B explosives, Class A poisons, or radioactive materials are not permitted anywhere on the airport, except as approved in writing by the airport manager.

(2)       Storage of lubricating oils or other flammable liquids shall be stored in approved containers.

(c)        Fire equipment.  Fire extinguishers and airport fire protection systems shall not be tampered with at any time, nor used for any purpose other than firefighting or fire prevention.  All tenants shall supply and maintain such adequate and readily accessible fire extinguishers within their leaseholds as may be required by the International Fire Code.

(d)       Hazardous material spills.

(1)       Fuel spills greater than five (5) gallons, or continuous in nature, shall be immediately reported to the Show Low fire district and the airport manager.

(2)       Whenever a hazardous material spill or leak occurs, the owner of the material shall take immediate steps necessary to ensure discovery, containment, and clean-up of such release and notify the airport manager of the occurrence. 

(3)       Charges shall be assessed by the airport manager for cleanup services or damages including, but not limited to, reimbursement of labor, equipment, and materials.

(e)       Open flames.

(1)       No person shall start any open fire of any type on any part of the airport without permission from the airport manager.  Propane grills are permissible.

(2)       All welding operations shall be conducted in approved welding booths or approved aircraft maintenance areas, according to OSHA standards.

(f)         Volatile compounds.

(1)       No person shall use a flammable volatile liquid having a flash point of less than 100 degrees Fahrenheit for cleaning purposes in a hangar or other building on the airport.

(2)       No fuel, oil, grease, flammable liquids, or contaminants of any kind shall be allowed to flow into any sewer system, storm drain, or open water area without a separator.  All storm water discharge requirements, including obtaining the required permits from the City of Show Low, are the responsibility of each tenant that will cause, create, or develop an industrial discharge. All tenants will comply with Best Management Practices as outlined in the Storm Water Pollution Prevention Plan.

(3)       No person, tenant, or company shall store any cylinders of compressed flammable gas inside any building except as provided by the International Fire Code.

Sec. 16-3-6.  Leases and tenant operations.

(a)       Condition of tenancy.  All tenants at the Show Low Regional Airport must acknowledge through their lease or operating agreement that they will comply with these rules and regulations and appropriate minimum standards as a condition of tenancy.  Tenants are prohibited from leasing or subleasing, selling or assignment of the lease of any premises located on airport-owned real estate, without the prior written approval of the city.

(1)       Damage.  Tenants and lessees, in addition to any terms that may be contained in their lease agreement, shall be fully responsible for all damages to buildings, equipment, real property, appurtenances, or other improvements in the ownership or custody of the Show Low Regional Airport, caused in whole, or in part, by their employees, agents, customers, visitors, suppliers, or persons with whom they may do business.

(2)       Architectural guidelines.  All facilities developed on the airport shall conform to the airport’s hangar architectural development standards, the airport master plan, and sign controls.

(3)       Employees.  Tenants are responsible for training their employees on these rules and regulations, applicable minimum standards, and applicable portions of the tenant lease agreement.

(4)       Floor care.  Each person to whom space on the airport is leased, assigned, or made available for use, shall keep the space free and clear of oil, grease, or other foreign materials that could cause a fire hazard or other unsafe condition, or damage to the flooring material.

(5)       Free of debris.  Tenants shall keep hangars, shops, offices, other buildings, and areas adjacent thereto free of waste material, rubbish, junk, landscaping litter and flammable material.

(6)       Aircraft hangar.  Aircraft storage hangars shall be primarily (over 50%) used for aircraft storage purposes.  No commercial activities shall be performed in non-commercial storage hangars.  Construction and/or establishment of habitable space, as defined by the International Building Code, in non-commercial hangars is prohibited.  This shall not be construed as prohibiting pilot lounges which meet the definition of occupiable space as contained in the International Building Code.  Incidental storage shall comply with all applicable codes.

(7)       Marking of paved areas.  No surface painting or marking of any paved area on airport property shall be permitted without written permission of the airport manager.

(8)       Preservation of property.  No person or tenant shall destroy, injure, deface, or disturb any building, sign, or other structure, tree, lawn, or other property on the airport; nor alter, make additions to, or erect any building or sign or make any excavations on the airport without the appropriate permits and the approval of the airport manager.

(9)       Washing aircraft parts shall only be allowed in approved self-contained units.

(10)     Storage and equipment.  No tenant or lessee of a hangar, shop facility, or other operational area specified by the airport manager on the airport shall store or stack equipment or material in a manner to be unsightly, or constitute a hazard to persons or property.

(11)     Structural and decorative changes.  Structural and decorative changes to any building, ramp, or other structure on the airport require written approval of the airport manager and must comply with local building codes and inspections and, for hangars, the airport hangar development standards.

(12)     Trash containers.  All exterior trash receptacles on the airport shall be sufficiently covered to prevent the inadvertent discharge of trash onto the airport.

(b)       Administrative.

(1)       No person shall occupy or rent space, carry on any business, commercial operations or other form of revenue-producing activity based on the airport without first obtaining a written contract, operating agreement, lease agreement or permit, authorizing such activity.

(2)       Any permission granted by the airport manager under these rules and regulations is conditioned upon adherence to the minimum standards and such administrative procedures as may be required by the airport manager for the purpose of regulating activity at the airport.  The airport minimum standards shall be met and maintained at all times by any individual, group of persons, business, or enterprise desiring to provide commercial services or commodities at Show Low Regional Airport.

(3)       The city manager or designee shall enforce the provisions of this chapter and is hereby authorized and directed to make inspections in the normal course of job duties; or in response to a complaint that an alleged violation of the provisions of this chapter may exist; or when there is a reason to believe that a violation of this chapter has been or is being committed.

(4)       The city manager or designee may enter onto any property, or into any building or premises at all reasonable times and with reasonable notice to inspect or to perform the duties imposed by this chapter, provided that if such property, building or premises is occupied, the city representative shall present credentials to the occupant and request entry.  If such property, building or premises is unoccupied, the city manager, or designee, has recourse to every remedy provided by law to secure entry.

Sec. 16-3-7.  Security requirements.

(a)       Aircraft security.  When the condition or mission of an aircraft requires security guards or police officers, the owner or operator of the aircraft shall coordinate this requirement with the airport manager.  The owner or operator of the aircraft is responsible for obtaining and paying security service personnel.

(b)       Airport security program.  All persons using the airport are subject to the airport security program pursuant to TSAR Part 1542.

(c)        Air carrier.  Air carrier tenants must have a TSA-approved security and passenger handling program.

(d)       Doors and gates.

(1)       Except as authorized by the airport manager, at no time shall any airport restricted area access gate be left open and unattended in a manner that would allow unauthorized access.

(2)       Security doors leading into the airport restricted area shall be kept locked and signed as required by the airport security program.

(3)       Automated vehicle gates are for vehicle access only.  Pedestrians shall not use an automated vehicle gate for pedestrian access.

(4)       Tenants shall be responsible for doors and/or gates located in their leased areas.

(e)       Commercial passenger areas.  Unauthorized aircraft and personnel are prohibited from entering the commercial passenger areas of the airport when scheduled air operations are underway.

(f)         Access media.  Identification and access control media issued by the airport are property of the airport and must be surrendered when used in violation of these rules upon the request of the airport manager or airport staff.

(1)       Access control cards.

(a)       Operators, lessees, contractors (including all employees), and authorized agents on or performing work at the airport and who require vehicle access/entry into the movement and non-movement areas of the airport must utilize an access control card for entry.  Tenant-sponsored access cards may be obtained from the airport manager.  Lessees who have contractors, guests, spouses, etc. may sponsor additional access cards by filling out the appropriate tenant sponsor application in the UNICOM office.

(b)       Access control card applications shall be picked up, completed and returned to the airport administration/UNICOM office.

(c)        Upon satisfactory completion of the application process and payment of the appropriate fees, applicants will be issued one access control card.  Applicants may sponsor other individual(s) for entry into the restricted areas by completing and signing a tenant sponsor application.  Applicants signing and authorizing others for access to the applicant’s aircraft or hangar shall be responsible for all actions of the person(s) they are sponsoring.  Tenant sponsors shall also sign the tenant sponsor application and complete it.

(d)       It is the responsibility of operators, lessees, contractors, and authorized agents to notify the airport of individuals who do not need access and/or are no longer employees or affiliated with the operator, lessee, contractor or authorizing agent and to cancel that person(s) access authority.

(e)       Access control cards shall be programmed to provide access through specific airport security gates, as required, by the holder of the access control card.

(f)         Access control card holders are responsible for ensuring that the gate is fully closed before proceeding.

(g)       Fees for access control cards shall be as set forth in the application forms.  Fees for access cards are due and payable at the time of issuance and a card(s) will not be issued without payment.

(2)       Escort procedures.  An authorized person with an access control card may escort a person(s) without an access card into the restricted areas of the airport when the authorized person stays with the escorted person(s) at all times that the person(s) are within the restricted area.  The authorized person shall ensure that the escorted person(s) complies with all applicable rules and regulations as set forth herein.  Persons who have been escorted into the restricted area will be required to stay with the authorized escort person at all times.  Persons who have been escorted into the restricted area of the airport and who are no longer under the direct escort and control of the authorized person shall be asked to leave the restricted area.

(3)       Revocation.

(a)       Improper use of an access control card may result in immediate revocation of the access privileges or other penalties as authorized by these rules and regulations.

(b)       No person may loan their access control card to any other person or knowingly permit the use thereof by another.  Loaning an access badge may result in penalties or revocation.

(4)       Lost, stolen or missing access control cards.        Each access control card holder shall notify the airport immediately upon becoming aware of a lost, stolen, or missing access control card.  Lost, stolen, or missing access cards shall immediately be deactivated by airport staff to prevent unauthorized use of the card(s).  Control cards reported as stolen require a police report to waive the reissue fees.

(g)       Restricted areas.

(1)       Only those persons specifically authorized by the airport manager with proper access control media are allowed access to the restricted area or air operations area (AOA), as applicable, unless otherwise provided under the airport security program.

(2)       Pedestrians or motor vehicle operators observed in areas other than those designated for public use, without authorization by the airport manager, are trespassing and subject to arrest under state law.

(h)        Security fenceline.  A minimum clear area of twenty (20) feet is recommended be kept between the security fence line and any object that may be used to conceal persons along the fence line or that would aid any individual in gaining access to the airport restricted area.  A minimum clear area of six (6) feet shall be kept between the security fence line and any object that may be used to conceal persons along the fence line or that would aid any individual in gaining access to the airport restricted area unless specifically approved by the airport manager.

(i)         Security screening.  All persons desiring to enter the sterile area or any other secured area are subject to security screening.

(j)         Tailgating.  No person or vehicle shall enter the airport restricted areas through an access gate that was opened for an authorized person or vehicle unless under the direct escort and control of an authorized person as outlined above.  All persons and vehicles using any airfield access gate shall ensure that the gate is secured and closed behind them prior to leaving the area to prevent unauthorized access.

(k)        Tenant security.  Tenants and tenant employees are responsible for safeguarding doors, gates and other forms of passageways between airport restricted areas and public areas.  Tenants are responsible for safeguarding aircraft and other private property entrusted to their care within the airport restricted area or other locations on their leased premises.

(l)         Violation of security regulations.  Violations of security regulations may result in the immediate revocation of security privileges and future entry into the airport restricted area may be denied.  Any fines levied against the City of Show Low or the Show Low Regional Airport for security violations will be charged to the offending individual and tenant.

(m)      Weapons.  (RESERVED)

Sec. 16-3-8.  Special events.

(a)       Authorization.  Specialized events require written coordination, regulation, and authorization of the airport manager prior to the public disclosure or advertisement of the event.  The authorization will be in the form of a letter of authorization from the airport manager to the special event sponsor in which the sponsor is recognized as involved in the planning process for a specific type of event.  Certain activities shall require an executed lease, operating agreement or permit with the airport.  A City of Show Low special event permit may also be required as determined by the City of Show Low.

(b)       Aviation activities.

(1)       A special event that involves aerobatic maneuvers by aircraft must be coordinated with the airport manager and the local FAA Flight Standards district office.

(2)       Special events involving aerial activities that are not of a routine nature for the airport will require the designation and approval of an “air boss” who is experienced in directing and controlling the aerial activities planned for the event.    

(c)        Closures or restrictions.  All runway, taxiway, ramp area, landside or public area closures or restrictions must be coordinated with the airport manager and other users of the airport well in advance of the event, and not less than 60 days in advance of the event.

(d)       Coordination.  The sponsor shall make arrangements for such things as auto towing, garbage pickup and refuse cleanup for any and all persons attending or associated with the event.  If the special event is expected to attract an attendance of 200 persons or more, the sponsor must coordinate road and highway impacts with Show Low police, Navajo County sheriff’s office, and Arizona Department of Public Safety.  In addition, the sponsor shall coordinate public safety impacts with City of Show Low police and the Show Low fire district, and arrange any necessary protection (security, ambulance, fire protection, aircraft rescue and fire fighting support).  Air traffic impacts shall be coordinated and approved by the airport manager.

(e)       Damages.  Event sponsors shall pay for all direct expenses related to the special activity and compensate the City of Show Low and the Show Low Regional Airport for any damaged property.  If the sponsor fails to adequately perform trash and litter clean up of the airport or repair damaged property in a timely fashion as determined by the airport manager, the airport manager may arrange for the performance of these functions and charge the sponsor accordingly.

(f)         Fees.  The event sponsor must disclose all special event fees charged to the public to the airport manager.  In addition, when fees are charged, the sponsor shall pay fees to the airport manager as specified by lease or operating agreement.

(g)       Insurance and surety.  The special event sponsor will be required to obtain liability insurance for the event in an amount determined by the City.  The insurance policy will identify the City of Show Low as an “additional named insured” for the event.  A performance surety in an amount to be determined by the airport manager shall be provided to guarantee performance of the sponsor's responsibilities as provided herein.  The surety can be provided in the form of a cash deposit, bond, cashiers check or money order made payable to the City of Show Low. 

(h)        Normal ingress/egress.  The special event must be planned to accommodate the normal ingress and egress of motor vehicles for those persons involved in scheduled commercial airline flights, general aviation users of the airport, or other business activities normally conducted at the airport. 

(i)         Plans.  In addition to the required coordination elements, the sponsor shall prepare and present to the airport manager plans to handle adverse weather, dust, hazardous materials spills, emergency services, and public protection.

Sec. 16-3-9.  Civil Violations.

Except for those acts or omissions to act specifically declared to be a misdemeanor, whenever in these rules and regulations, any act or omission to act is declared to be prohibited, unlawful, an infraction, a violation or an offense, such act or omission to act shall constitute a civil violation.  Civil violation prosecution shall be as provided in chapter 5 of the Show Low City Code.  In the alternative to civil violation prosecution, the city may elect to enforce the provisions of these rules and regulations by any action available at law or equity.

Sec. 16-3-10.  Definitions.

As used in this article, unless the context otherwise requires, the following words or phrases shall carry the following definitions:

Abandoned aircraft:  An abandoned aircraft means an aircraft that has been left on the airport without the consent of the city and for which no aircraft parking fees have been received.

Air carrier (also airline):  A business using the airport for the scheduled transport of passengers or goods and operating the business under the terms and conditions of FAR Part 121 or Part 135 per SFAR 38.5.

Aircraft (also airplane, balloon, blimp, ultralight, helicopter, light sport aircraft):  Any device or contrivance now known or hereafter invented that is used or intended to be used for flight in the air.

Aircraft emergency:  A problem or condition involving an aircraft in flight or on the ground that could endanger lives or property.  An aircraft emergency can be declared by a pilot, air traffic control personnel or other employees responsible for the safe operation of aircraft on the airport.

Aircraft maintenance:  The repair, adjustment or inspection of an aircraft by a pilot, owner or mechanic other than the routine cleaning, upkeep and servicing of an aircraft in preparation for flight.  Minor repairs are characterized as normal, routine annual inspections with attendant maintenance, repair, calibration or adjustment or repair of aircraft and their accessories.  Major repairs are characterized as major alterations to the airframe, power plant, propeller and accessories as defined in CFR Title 14, Part 43, Maintenance, Preventive Maintenance, Rebuilding, and Alteration.  For safety and liability purposes, aircraft maintenance must be accomplished in designated areas only.  Title 14, Part 43, and any future amendments to Part 43, are hereby incorporated by reference into this document.

Aircraft operation:  An aircraft takeoff, landing, touch and go (considered two operations), low approach and/or missed approach.

Aircraft operator:  Any person who pilots, controls, owns or maintains an aircraft.

Aircraft parking and storage areas:  Those hangar and apron locations of the airport designated by the airport manager for the parking and storage of aircraft.  These areas include "tie-down" aprons equipped with rope or chain devices that are used to secure lightweight aircraft during windy conditions.

Air operations area (AOA):  That area of the airport used or intended to be used for landing, takeoff or surface maneuvering of aircraft.  The AOA includes the active runways, taxiways, and ramp areas.  The AOA is considered part of the airport restricted area and is off-limits to the general public.

Aircraft rescue and fire fighting (ARFF):  The personnel, equipment and facilities on or off the airport dedicated to dealing with aircraft accidents/incidents and all rescue and firefighting tasks, structural fires and other firefighting emergency activities.

Airport:  Shall mean and have reference to all the areas comprising the Show Low Regional Airport as now exists, or as the same may hereafter be expanded and developed, and shall include all of its buildings, facilities and appurtenances.

Airport driver endorsement:  The authority issued by the airport manager to a motor vehicle operator authorizing such motor vehicle operations within the airport operations area.

Airport manager:  All references to the airport manager shall mean the actual airport manager or his designee(s) including airport UNICOM personnel.  The term “airport manager” as herein used, shall include persons duly designated to represent the airport manager and to act on behalf of the airport manager for the enforcement of these rules and regulations, to ensure the efficient, proper and safe operation of the airport, but only to the extent authorized by law or properly delegated by said airport manager.

Airport minimum standards:  A separate document adopted and formally approved by the city council within which are detailed provisions outlining the minimum building size, performance or other standards acceptable by the city for a business firm aspiring to do business at the airport.

Airport property:  All real estate and other material assets owned by the City of Show Low located at the airport.

Airport restricted area:  see Restricted area

Airport rules and regulations:  A document adopted and formally approved by the city council which are detailed provisions for the safe, orderly and efficient operation of the airport.

Airport security program:  A program developed in accordance with TSAR Part 1542 and approved by the TSA outlining airport security requirements, methods and procedures for Show Low Regional Airport.

Airside:  see Air operations area

Apron (also ramp):  Those areas designated by the airport, both public and private/leased, designated by the airport manager for the parking or storage of aircraft.  These areas are usually restricted areas and involve activities such as enplaning and deplaning passengers, servicing aircraft and aircraft movements.

Based aircraft:  Any aircraft whose home base or permanent residency is identified as the Show Low Regional Airport.

Cargo area, cargo ramp area:  That area of the airport designated for acceptance and processing of air cargo.

Commercial aeronautical activity (also commercial operation/operator, aviation operator and aviation service operator):  Commercial activity which relates to the operation or servicing of aircraft.  Examples of such activity include charter operations, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air taxi operations, aircraft sales and services, sales of aviation petroleum products, repair and maintenance of aircraft parts.

Commercial operating agreement (COA):  The legal agreement between the city and a commercial aviation business that authorizes the commercial aviation business the right to conduct business on the airport and identifies the conditions, rates and charges due the airport for that right.

Disabled aircraft:  A disabled aircraft shall be defined as any aircraft that is incapable of moving under its own power.

Emergency vehicles:  Vehicles that are painted, marked, lighted and used by the police (or security officers), fire department (ARFF), ambulance or other airport officials to carry out their daily duties or used in response to an emergency situation.

Engine run-up areas:  Areas designated by the airport manager that allow high power settings of an aircraft engine.

FAA:  The Federal Aviation Administration.

FAR:  The Federal Aviation Regulations as written, approved and published by the FAA.

Fixed base operator (FBO):  An entity which maintains facilities at the airport for the purpose of conducting commercial aeronautical activities as outlined in the airport minimum standards.  A full service FBO shall perform all services outlined in the minimum standards, including fueling of aircraft, while a specialized aviation service organization (SASO) may perform one or more commercial aeronautical activities as outlined in the minimum standards, but not all services and not aircraft fueling.

Fuel storage area (also fuel farm):  Those facilities where AVGAS, Jet-A and other types of fuel are stored.  These facilities must be in areas designated, inspected and approved by the airport manager and meeting minimum standards for the safe storage and handling of fuel.

Flying club:  see Commercial aeronautical activity

General aviation:  All categories and types of aviation/aircraft in the U.S. except for certified air carriers under FAR Part 121 or Part 135 and Department of Defense military aircraft.

Ground transportation:  The business of transporting passengers, material, baggage or other goods, usually for a fee, either within the boundaries of the airport or to/from the airport and other locations outside the airport boundaries.  Ground transportation includes activities such as rental cars, taxicabs, buses, trains, courtesy vehicles and lodging shuttle service.

Hangar:  Any fully or partially enclosed storage space for an aircraft.

Hazardous material:  A substance or material in a quantity or form that may pose an unreasonable risk to health or safety, or property when stored, transported or used in commerce as defined in applicable federal, state, and local environmental laws.

Transient aircraft:  Any aircraft not "home-based" at the airport but transiting the airport, obtaining fuel service or other service at the airport, or on-loading or off-loading passengers or cargo.  Itinerant aircraft are "home-based" elsewhere but may park or hangar at the airport for short periods of time.

Landside:  The general public common use areas of the airport such as public roadways, public parking lots, non-restricted areas of the passenger terminal and the air cargo terminal and other public access non-restricted areas of commercial businesses located on the airport.  "Landside" includes all those areas of the airport that are not defined as the AOA or otherwise fenced, posted or controlled as restricted areas.

Lease:  A contract granting occupation or use of airport property during a certain period in exchange for a specified rent.

Master plan:  The airport master plan includes the official concept of the ultimate development of the airport.  It presents the research and logic from which the plan evolved and displays the plan in written and graphic forms.  It typically presents schedules of proposed development in the 0- to 5-year, 6- to 10-year, and 11- to 20-year time periods.

Movement area:  Those areas of the airport under the control of the Show Low Regional Airport including runways, taxiways and helipads designated and made available for the landing, take-off and taxiing of aircraft.

NFPA:  National Fire Protection Association.

Non-movement area:  Those areas of the airport under the control of the Show Low Regional Airport that are not available for the landing, take-off or taxiing of aircraft.

NTSB:  National Transportation Safety Board.

Notice to airmen (NOTAM):  Information issued by the airport manager, designee, or FAA, advising pilots of temporary changes to published information regarding airport facilities, conditions or other items that may affect safe flight or aircraft operations.

Parking:  The standing of an aircraft or vehicle whether occupied or not.

Parking areas:  Those areas designated as vehicle parking areas for passengers, other customers, employees and ground transportation staging areas (rental cars, taxicabs, buses and shuttles).  Some of these areas are also restricted areas.  Most of these areas require payment of fees for the privilege to park a motor vehicle.

Passenger:  Enplaned or originating passengers are those persons boarding an aircraft for flight from the airport.  Deplaned or destination passengers are those persons off-loaded or leaving an aircraft for surface transportation from the airport.  Connecting or through passengers are both enplaning and deplaning at your airport within the same half of their trip, usually without leaving the airport.  The sum of all passengers is "processed" passengers, a critical statistic when determining airport capacity and facility needs.

Permit:  A written authorization issued by the airport manager that allows specific activities or the temporary use or occupancy of certain areas or facilities at the airport.

Person:  Shall mean an individual, entity, firm, general or limited partnership, corporation, company, limited liability partnership, trust, association or any trustee, receiver, assignee or similar representative thereof leasing, subleasing, making application for or using any land or facility at the airport.

Public use areas:  Those areas normally used by the general public.  These areas include concessionaire shops, restrooms, passenger terminal lobbies, passenger concourses, hallways, passage ways, public transportation waiting areas, viewing areas, roads, sidewalks and public motor vehicle parking lots.  They do not include areas leased by commercial aviation businesses unless those businesses so designate certain areas as public use areas.  They do not include the AOA, restricted areas and employee parking lots.

Ramp:  see Apron

Restricted area:  All areas of the airport within the fenced and gated perimeter of the airport including all buildings or structures integral to the fence through which access to the aircraft operations area could be gained.

Runway:  An area of the airport developed and improved for the purpose of accommodating the landing and take-off of aircraft.

Secured area:  That portion of the airport where aircraft operators that have a security program under Parts 1544 or 1546 enplane and deplane passengers and sort and load baggage and any adjacent areas that are not separated by adequate security measures.

Special events:  Special events include air shows, balloon festivals, air races, fly-ins, parachute team demonstrations, static displays for the public, aerobatic events, filming for television, movies or commercials, and other events or activities not normally associated with the daily operation of Show Low Regional Airport.

Sterile area:  That portion of the airport defined in the airport security program that provides passengers access to boarding aircraft and to which that access generally is controlled by TSA, or by an aircraft operator under Part 1544 of 49 CFR Chapter XII, through the screening of persons and property.

Tie-down area:  see Aircraft parking and storage area

TSA:  The Transportation Security Administration.

UNICOM:  A communications facility for North American airports with a low volume of general aviation traffic and where no control tower is presently active.  Also known as a Common Traffic Advisory Facility (CTAF).

UNICOM office:  The Show Low Regional Airport's administrative and operations offices and personnel responsible for the maintenance and operation of the airport. 

Vehicle:  Shall mean all conveyances, except aircraft.