Chapter 1ADMINISTRATIVE PROVISIONS1

8-1-1: DEFINITIONS:8-1-2: OFFICIALS; AUTHORITY:8-1-3: AGREEMENT TO FOLLOW RULES:8-1-4: AIRPORT ADVISORY COMMITTEE:8-1-5: GRIEVANCE PROCEDURE:

8-1-1: DEFINITIONS:

As used in this title, the following terms mean:

ADVISORY COMMITTEE: Shall mean and have reference to the Ogden Airport Advisory Committee created by this title.

AERONAUTICAL ACTIVITY: Any activity which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations; for example, air taxi and charter operation, scheduled or nonscheduled air carrier services, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, aircraft sales and service, aircraft parking and storage, sale of aviation petroleum products, aircraft manufacturing, general aviation specialty services, airpark aviation operations, repairs and maintenance of aircraft and sale of aircraft parts.

AIRCRAFT ACCESSORY SERVICES OPERATOR: A person providing repairs or sale of aircraft radios, propellers, instruments, accessories, painting or upholstery.

AIRCRAFT AIRFRAME AND ENGINE REPAIR OPERATOR: A person providing airframe and/or power plant maintenance and/or overhaul services. This category also includes the sale of aircraft parts and accessories.

AIRCRAFT CHARTER OPERATOR: A person providing air transportation to the public for hire, either on a charter basis or as an air taxi operator, as defined in the Federal Aviation Act of 1958.

AIRCRAFT MANUFACTURING SERVICES OPERATOR: A person engaged in the manufacture, fabrication, or assembly of aircraft or aircraft/aerospace parts, systems and components.

AIRCRAFT OPERATION: An aircraft arrival or departure from the airport.

AIRCRAFT OWNER: A person to whom an aircraft is registered and a person who exercises the full incidents of ownership of an aircraft under a long term lease agreement.

AIRCRAFT RENTAL OPERATOR: A person engaged in the rental of aircraft to the public. It shall not include an aircraft owner who loans his or her aircraft for reimbursement on a nonprofit basis.

AIRCRAFT SALES OPERATOR: A person engaged in the sale of new and/or used aircraft or who acts as an aircraft broker.

AIRPARK: Shall mean the taxilane and areas located outside the airport, and intended for

airport/airpark access, and all real property adjacent to any portion of the airpark taxilanes, presently constituting approximately 30.35 acres. The current survey coordinates are:

A part of the Southeast Quarter of the Northwest Quarter of section 12, Township 5 North, Range 2 West, Salt Lake Base and Meridian, U.S. Survey; beginning at a point on the south line of said northwest quarter which is 17.04 feet South 89°52'04" West along said south line from the southeast corner of said northwest quarter; thence North 00°46'04" East 1,035.12 feet along a fence; thence North 88°17'54" West 750.81 feet along a fence; thence South 44°48'51" West 1,449.65 feet along a fence; thence North 89°52'04" East 440.81 feet; thence South 01°16'19" West 33.02 feet; thence North 89°52'03" East 1,318.26 feet to the point of beginning.

AIRPORT: Shall mean and have reference to all areas comprising Ogden-Hinckley airport that now exist or may hereafter be expanded, together with their appurtenant facilities. The current survey coordinates are:

A part of Section 6, T 5 N, R 1 W and parts of Sections 1 and 12 T 5 N, R 2 W S. L. B. & M.; beginning at a point that bears South 197.3 feet and West 192.4 feet from the NE corner of the NW 1/4 of said Section 6, and running thence S. 21° 51' W. 249.5 ft.; thence S. 14° 06' W. 2,083.9 ft. to a point that is 115.0 feet perpendicular distant from the centerline of the east track of the U.P.R.R.; thence S. 35° 13' W. 5,192.7 ft.; thence N. 51° 47' W. 17.0 ft.; thence S. 38° 13' W. 1,674.9 ft.; thence S. 89° 22' W. 297.9 ft.; thence N. 0° 31' E. 591.1 ft.; thence N. 29° 12' W. 799.6 ft.; thence S. 89° 40' W. 919 ft.; thence N. 0° 35' E. 1,231.4 ft.; thence N. 0° 02' W. 9,659 ft.; thence N. 24° 09' W. 1,493.0 ft.; thence S. 89° 48' W. 601.5 ft.; thence Northeasterly and to the right on an arc of a 749.0 foot radius curve 572.9 ft. (the long chord of said curve bears N. 35° 15' 30" E. 558.9 ft.); thence S. 32° 50' E. 30.0 ft.; thence N. 57° 10' E. 1,259.6 ft.; thence Northeasterly and to the right and tangent to the previous course on the arc of 1,970.0 foot radius curve 315.50 ft.; thence N. 67° 16' E. 1,651.8 ft.; thence N. 62° 10" E. 449.7 ft.; thence N. 67° 15' E. 1,421.2 ft.; thence Southeasterly and to the right on the arc of a 2,774.9 foot radius curve 781.4 feet (the long chord of said curve bears N. 82° 04' E. 778.7 ft.); thence S. 89° 52' E. 1,182.5 ft.; thence S. 26° 44' E. 108.8 ft.; thence N. 87° 00' E. 443.7 ft.; thence S. 63° 33' E. 39.5 ft. to the point of beginning; containing 691.68 acres.

AIRPORT LAYOUT PLAN (ALP): The FAA approved chart identifying the location for various uses and activities on the airport.

APRON: The areas surrounding buildings to which aircraft have access.

COMMERCIAL ACTIVITIES: Revenue producing activities and business activities engaged in for profit. The subletting of one's private hangar upon the airport shall not be construed as a commercial activity.

COMMERCIAL AERONAUTICAL ACTIVITIES PERMIT: A permit required to be obtained from the city and maintained during any period in which a person conducts any commercial aeronautical activity upon the airport or airpark, except that a person with an airport lease permitting a commercial aeronautical activity shall not be required to obtain a separate commercial aeronautical activities permit to engage in that activity upon the airport.

COMMERCIAL AERONAUTICAL ACTIVITY: Any aeronautical activity or service conducted on the airport or airpark as a revenue producing business or service activity engaged in for profit, including the activities of an FBO or specialized service operator upon the airport or airpark, and the activities of a general aviation specialty services operator upon the airpark. The subletting of one's private hangar upon the airport shall not be construed as a commercial aeronautical activity.

COMMERCIAL FLYING SERVICES OPERATOR: A person providing any of the following activities: sightseeing flights; crop dusting; seeding and spraying; banner towing and aerial advertising; aerial photography or survey; firefighting; power line or pipeline patrol and wildlife spotting; or any other operations specifically excluded from FAR part 135.

COMMERCIAL FUEL SALES: Shall include all fuel sold or dispensed by anyone other than an aircraft owner or his or her employees into the aircraft owner's own aircraft.

COMMERCIAL OPERATIONS: Operations performed for compensation or hire. The subletting of one's private hangar shall not be construed as a commercial operation.

CONCESSION: A commercial activity operated within a city owned building with a negotiated fee schedule.

CONTROL TOWER: The FAA air traffic control tower at the airport.

DOPING: The application of a preparation to strengthen and tighten aircraft fabric.

ELECTRICALLY BONDED: The connection of the fueling service vehicle with an unpainted metal point on the aircraft or vehicle using a functional bonding cable.

FAA: The federal aviation administration.

FAR: Federal aviation regulations.

FIXED BASE OPERATOR (Also Known As FBO): Any person who performs the basic essential aeronautical services including aviation fuel and oil sales, ramp parking, tie down and storage, minor aircraft repair, passenger loading and towing.

FLAMMABLES: Any material that has a flash point at or below one hundred degrees Fahrenheit (100°F).

FLIGHT TRAINING OPERATOR: A person engaged in training pilots in any aircraft and providing related ground school instruction if necessary.

FLYING CLUB: Three (3) or more persons jointly owning or leasing one or more aircraft where payment is made to the club for the operating time of such aircraft.

FUEL FARM: One or more fuel storage tanks.

FUEL SERVICING EQUIPMENT: Vehicles and equipment used for fueling or defueling aircraft or vehicles.

FUELING OPERATIONS: Fueling or defueling aircraft, equipment or vehicles.

GENERAL AVIATION: Shall include all phases of aviation other than aircraft manufacturing, military aviation and regulated air carrier operations.

GROUND TRANSPORTATION: Transportation for hire or compensation to or from the airport.

GROUNDED: The connection of a functional grounding cable from the fueling vehicle to a point or points of zero electrical potential to prevent the buildup of static electricity.

HAZARDOUS AND TOXIC MATERIALS: Shall include petroleum products, pesticides, solvents, paint, explosives, flammables and any other substance that requires special handling under current or future federal, state or local environmental safety and health regulations.

NATIONAL TESTING LABORATORY: Shall include National Fire Protection Association, Underwriter's Laboratory and similar organizations that develop professional standards for fueling equipment.

PARK: To leave the aircraft or vehicle unattended.

PROFESSIONAL SKILLS: Any skill obtained after special study or the use of which requires a license under FAA regulations or federal, state or local law.

RAMP: The paved area of the airport normally used for aircraft parking and loading.

RUN UP: Engine acceleration to test its functions while the aircraft is stationary.

RUNWAY: The paved area designated for aircraft landing and takeoff.

SERVICE EQUIPMENT: Devices designed for aircraft servicing or other airport functions or devices regularly used at the airport, including, but not limited to, fuel trucks, aircraft starting units, mobile aircraft stairs, etc.

SPECIALIZED SERVICE OPERATOR: A person who provides aircraft accessory services, flight training, commercial flying services, aircraft sales, aircraft airframe and engine repair, aircraft manufacturing, aircraft rental or charter, hangar rental or any other commercial aeronautical activities or services, except fuel sales.

TAXIWAY: The paved area of the airport designated for aircraft movement from the runway to the ramp.

TIE DOWN: An unenclosed space where an aircraft is parked, with dimensions of forty feet by forty feet (40' x 40'), centered on the center of the triangle formed by the tie down eyehooks. Where tie downs overlap under this definition, the overlapping area shall be divided equally between adjoining tie downs. When adjacent tie downs in the same row are leased, any space between those tie downs will be incorporated in the lease.

VEHICLE: A device (not an aircraft) in, upon or by which any person or property is or may be propelled, moved, transported, hauled or drawn upon any roadway or ground surface at the airport. 

(Ord. 2005-45, 7-19-2005; amd. Ord. 2018-20, 6-26-2018)

8-1-2: OFFICIALS; AUTHORITY:

A. Mayor; Chief Administrative Officer: The Mayor or Chief Administrative Officer is authorized to implement this title; and to recommend to the City Council such additional ordinances governing the use of the airport as are necessary or desirable. This title, any administrative orders implementing it and any amendments thereto shall be available to the public.

B. Airport Manager:

1. Under the direction of the Mayor and Chief Administrative Officer, the Airport Manager shall have full power to carry out, administer and enforce this title to oversee its implementation, to receive applications and reports, to issue permits, approvals, and authorizations and to make designations on behalf of the City as provided in this title, and to manage the airport and airpark.

2. The Airport Manager, his or her representatives, and the City police shall have the authority to take the steps necessary for the handling, policing and protection of the public while at the airport and airpark.

(Ord. 2005-45, 7-19-2005)

8-1-3: AGREEMENT TO FOLLOW RULES:

Any person who enters upon or uses the airport or its facilities or any part thereof impliedly agrees that a condition of that use is compliance with airport ordinances, rules and regulations.

(Ord. 2005-45, 7-19-2005)

8-1-4: AIRPORT ADVISORY COMMITTEE:

A. Purpose: This section is enacted and intended for the purpose of establishing the Ogden Airport Advisory Committee, whose objectives and purposes shall be to advise the City Council and the Mayor in matters pertaining to the operations of the airport.

B. Established: There is hereby established the Ogden Airport Advisory Committee which shall consist of not fewer than five (5) but not more than seven (7) members, appointed by the Mayor, with the advice and consent of the City Council.

C. Appointment; Eligibility:

1. In order to be eligible for appointment to the advisory committee, a person shall:

a. Be not less than twenty one (21) years of age;

b. Be a resident of Weber County or Davis County; and

c. Be a representative of a cross section of business, aviation and community interests, such as pilots, engineers, travel industry, or education and economic development representatives, etc.

2. At least two (2) members of the advisory committee shall be residents of Ogden City or persons whose continuing principal place of business is in Ogden City.

D. Terms Of Office: Advisory committee members shall be appointed for two (2) year terms, three (3) of which will expire in odd numbered years and two (2) of which shall expire in even numbered years on March 30 of the second year. If a sixth or seventh advisory committee member is appointed, their terms shall expire in even numbered years on March 30 of the second year. Each member may serve beyond that date as needed until a successor is appointed and qualified.

E. Vacancies: Vacancies occurring in the advisory committee shall be filled by appointment of the Mayor, with the advice and consent of the City Council for the unexpired term.

F. Compensation; Expenses: Advisory committee members shall serve without compensation but may be reimbursed for reasonable out of pocket expenses incurred as committee members, if approved in advance of the expenditure.

G. Removal From Office: Any advisory committee member may be removed from office by the Mayor at any time for any reason.

H. Members' Ethics: Advisory committee members shall be subject to and bound by the provisions of the Municipal Officers' and Employees' Ethics Act, Utah Code Annotated section 10-3-1301 et seq., as amended.

I. Meetings:

1. The advisory committee shall meet at least twice throughout the year. Meetings may be called by the Airport Manager or the Committee Chair. The meetings shall be conducted in accordance with the provisions of the Utah Open and Public Meetings Law, Utah Code Annotated section 52-4-1 et seq., as amended.

2. Meetings shall be held at the airport or at another public place.

3. The advisory committee shall keep written minutes of its proceedings which shall be available for public inspection at the Airport Manager's Office. Copies of the minutes shall also be filed with the City Recorder's Office.

4. The advisory committee may adopt rules of procedure for its meetings.

J. Election Of Officers: At its first regular meeting after March 30 each year, the advisory committee shall elect a Chair, and a Vice Chair who will perform the duties of Chair during the absence or disability of the Chair.

K. Staffing Services: The Mayor, through the Department of Community and Economic Development, shall provide such administrative support and staff assistance to the committee as is determined by the Mayor to be necessary for the operations of the committee, within existing budgetary restraints.

L. Functions: The advisory committee shall assist the Airport Manager in development and promotion of the airport in order to best serve the local and regional requirements for airport service. The committee shall review matters presented to it by the Airport Manager, the Mayor, the City Council or citizens; make suggestions; and submit its recommendation in writing to the

Airport Manager, the Mayor or City Council. As requested by the City, the advisory committee shall:

1. Assist in the development of goals, objectives and strategies for the operation and development of the airport and the identification of the means and methods of implementation and their associated costs;

2. Assist the Planning Commission in the development of the airport master plan as part of the Ogden City general plan;

3. Assist in the development of ordinances, rules and regulations for the effective and efficient operation of the airport;

4. Review proposed changes in rates and charges;

5. Assist in the development of a capital improvement plan for the airport, including the Federal and State airport grant programs;

6. Review complaints and suggestions from airport users and affected neighbors as requested;

7. Assist in the development of marketing strategies for the economic development of the airport; and

8. Annually submit in writing to the City Council and the Mayor a report of the activities of the committee during the year, together with any recommendations for the subsequent year.

M. Sunset Provision: Unless subsequently extended by appropriate action, the term of this committee shall sunset and expire on June 30, 2023.

(Ord. 2018-20, 6-26-2018)

8-1-5: GRIEVANCE PROCEDURE:

A. Hearing Request: Any person aggrieved by a decision of the Airport Manager or any person whose compliance with this title would create severe hardship may request a hearing before the Chief Administrative Officer or his/her designated representative. Such request shall be made in writing and such hearing shall be held within ten (10) days of receipt of said request.

B. Present Evidence: Any person requesting a hearing shall present all evidence, records and testimony of which that person has knowledge concerning the grievance or hardship.

C. Decision: The Chief Administrative Officer or his/her designated representative shall issue written findings of fact and a decision concerning the grievance or hardship within fifteen (15) working days, such decision to be final. The Mayor may elect to review the Chief Administrative Officer's decision when requested by the aggrieved party in writing within ten (10) working days after the findings and decision have been rendered.

(Ord. 2005-45, 7-19-2005)

Footnotes - Click any footnote link to go back to its reference.Footnote 1: UCA §§ 72-10-201 et seq., 10-8-8.

Chapter 2RULES AND REGULATIONS

8-2-1: FUEL SERVICING:8-2-2: HAZARDOUS AND TOXIC MATERIALS:8-2-3: FIRE PROTECTION:8-2-4: AIRCRAFT OPERATION:8-2-5: VEHICLES:8-2-6: GENERAL RULES OF CONDUCT:

8-2-1: FUEL SERVICING:

A. Permit Required: No person shall conduct fueling operations until he or she has completed the fueling application form and received a fueling permit from the city. In order to receive a fueling permit, the person shall be an aircraft owner fueling his or her own aircraft and vehicles with his or her own personnel and equipment; or a person having a valid written lease agreement with the city or a commercial aeronautical activities permit from the city for commercial fuel sales. Each person receiving the fueling permit shall comply with all applicable regulations in this title, and the information provided on the fueling application form.

B. Authorized Personnel: Each fueling permit holder shall assure that each person responsible to the present holder for fueling is trained in the safe operation of the equipment used, in the operation of emergency controls, and in emergency procedures, before allowing that person to fuel or defuel aircraft or vehicles.

C. Equipment:

1. Maintenance: All fuel servicing equipment shall comply with a national testing laboratory standard for that equipment. Equipment shall be maintained in a safe operating condition. Equipment shall be removed from service when it leaks or malfunctions.

2. Parking: No person shall park a fuel servicing vehicle or allow it to remain within fifty feet (50') of any building. No person shall park fuel servicing vehicles or allow them to remain parked side by side with less than ten feet (10') between them.

D. Location Designated: Fueling operations shall be conducted in areas designated by the city. No fuel servicing shall be conducted inside a hangar or building; within twenty five feet (25') of any hangar or building; or within fifty feet (50') of any open flame, combustion and ventilation air intake or any boiler, heater, or incinerator.

E. Spills:

1. Prevention; Cleanup: Each fueling permit holder shall exercise care to prevent fuel spills. When a spill occurs, fuel servicing shall be stopped immediately and shall not continue until the fuel spill has been cleaned up. Each fueling permit holder shall be responsible to clean up the permit holder's own spills. If the fueling permit holder fails to do so immediately, the city may have it done and bill the responsible party for the cost of the cleanup.

2. Notification: The responsible party shall notify appropriate emergency services and the airport manager immediately when a fuel spill occurs.

F. Grounding: During fuel servicing operation, the aircraft and fuel servicing equipment shall be grounded and electrically bonded to prevent ignition of volatile gases by static electricity.

G. Prohibited When: Fueling and defueling are prohibited when any of the following conditions are present:

1. The engine is running on the aircraft or vehicle being fueled or defueled, unless authorized by the aircraft operating manual.

2. When a combustion heater, charger, radio transmitter or any other potential ignition source is being operated within fifty feet (50') of the fuel servicing operation.

3. When lightning is within five (5) nautical miles of the airport.

H. Smoking: Smoking is prohibited within fifty feet (50') of any fuel servicing operation, any fuel truck, and any aircraft while fueling operations are taking place.

I. Attendant Required: Each fueling permit holder shall assure that a cabin attendant is stationed near the cabin door, if passengers are on board an aircraft while it is being fueled or defueled.

J. Fire Extinguisher: At least one fire extinguisher with a minimum 10-B:C classification shall be within seventy five feet (75') of all fuel servicing operations.

(Ord. 2005-45, 7-19-2005)

8-2-2: HAZARDOUS AND TOXIC MATERIALS:

A. Notification: Prior to storing or using hazardous or toxic materials on the airport, except that permitted under subsection C2 of this section, the responsible party must advise the city in writing and comply with all relevant lease provisions and this title.

B. Spills:

1. Insurance Requirements; Alternatives: Each person storing or using hazardous or toxic materials on the airport, except that permitted under subsection C2 of this section, shall maintain an escrow account; or provide insurance naming the city as an additional named insured; or post a

performance bond with the city; or provide the personal guarantee of an individual with sufficient assets; or have sufficient assets to assure that any spill is completely cleaned up in accordance with federal, state and local standards. The amount required will vary depending on the type and amount of material stored and method of storage. The city shall determine the amount in each case, which shall be binding unless the affected party provides evidence in writing from an authoritative source (the EPA, a licensed commercial cleanup provider, etc.) that potential cleanup costs are less than the amount named, in which case the lesser amount will be required.

2. Notification: The responsible party shall notify the airport manager immediately if a spill or contamination occurs, and when any immediate hazard exists. The responsible party shall also notify the appropriate emergency services when any immediate hazard exists.

C. Storage:

1. Tanks: Any owner of a storage tank located on the airport presently or formerly containing hazardous or toxic materials shall advise the city of its location, maintain it in a safe condition so that leaks are prevented, immediately clean up any leaks, and otherwise comply with federal and state environmental protection laws.

2. Flammables: Except for five (5) gallons in national testing laboratory approved containers, or any amount in aircraft fuel tanks, no person shall store or allow to be stored flammable liquids, gases or similar material in hangars or buildings on the airport.

3. Oil: No person shall keep or store lubricating oils in or about the hangars unless stored in closed containers which meet national testing laboratory standards.

4. Hazardous And Toxic Materials: Hazardous and toxic materials shall be stored in a safe manner as determined by federal, state and local environmental and safety standards. Each tank owner and tank lessee shall submit to the city a copy of all compliance forms required by federal, state and local storage and use regulations.

D. Fuel Farms: No person shall operate or maintain a fuel farm at the airport unless he or she has entered into a valid written lease agreement for that activity.

E. Contamination Prohibited: No person shall store, use or dispose of hazardous or toxic materials in any manner that will allow them to contaminate the air, ground or water supply at the airport.

F. Oil Dumping: No person shall dump or drain oil on the ground at the airport, nor in the storm drains.

(Ord. 2005-45, 7-19-2005)

8-2-3: FIRE PROTECTION:

A. Airport Users; Responsibility: Each airport user shall take whatever steps are reasonable and necessary to prevent fire. If a fire occurs, the responsible party, or any other person observing it, shall notify the fire department and the airport manager immediately.

B. Aircraft Cleaning: No person shall use flammable or volatile materials in the cleaning of any aircraft, aircraft engine or propeller or any other appliance unless the cleaning operations are conducted in open areas outside buildings and at not less than fifty feet (50') from other aircraft, buildings or hangars; or in a room specifically approved by the city fire marshal for that purpose, which is fireproofed and equipped with readily accessible fire extinguishing apparatus.

C. Painting And Doping: No person shall paint or dope an aircraft or vehicle except in a room adequately ventilated and approved by the city fire marshal.

D. Heating Equipment: All heating equipment and fuel burning appliances installed or used in any structure shall be in accordance with state and local building codes.

E. Heating Oil: No person shall heat oil in any manner except with steam, hot water, hot air or electric heaters.

F. Welding And Open Flames: No person shall weld or use open flame in any operation except in shop space designated for that purpose and approved by the city fire marshal.

G. Floor Care: All building owners and lessees shall keep their hangar floors, shop floors, storeroom floors, aprons and areas adjacent thereto free of all grease, waste or other flammable material.

H. Waste Receptacles: Each building owner and lessee shall provide metal receptacles with self-closing covers for the storage of waste, rags and other rubbish, and the contents thereof shall be removed as often as necessary, but at least weekly.

I. Accumulation Of Litter: No boxes, crates, rubbish, paper or other litter shall be permitted to accumulate in, about or around any hangar. All oil, paint and varnish containers shall be removed from the hangar immediately upon being emptied.

J. Fire Extinguishers: The owner, lessee, and/or user of every building, repair shop, doping or welding room on the airport shall provide adequate fire extinguishers approved by the city fire marshal, which shall be maintained in working condition at all times.

K. Storage Of Materials: No person shall store or stock any material or equipment in such a manner as to constitute a fire hazard.

L. Leaking Fuel Or Oil: No person shall keep any aircraft or vehicle at the airport without providing for the containment of leaking oil or fuel. Repairs or cleanup necessitated by failure to contain leaks shall be made at the expense of the aircraft or vehicle owner.

M. Ignition Source: No person shall start an engine or create any other spark when flammables are close enough to create a fire hazard, or closer than fifty feet (50').

(Ord. 2005-45, 7-19-2005)

8-2-4: AIRCRAFT OPERATION:

A. Based Aircraft; Notification: The owner of each aircraft based at the airport shall notify the airport manager in writing within ten (10) days of its basing of the registration number of the aircraft and the person responsible for it, including off hours emergency phone numbers.

B. Certificates And License Required: No person may operate an aircraft on the airport unless he or she is in possession of a valid pilot certificate, medical certificate and any additional FAA licenses required for the activity being performed. Aircraft maintenance personnel may taxi and run up aircraft if they have:

1. Permission: Specific written permission from the aircraft owner; and

2. Certification: Certification from a pilot qualified to operate the aircraft that they have a working knowledge of aircraft operating and emergency procedures, FAA taxiing procedures, use of aircraft radio and this title.

C. Aircraft Owners; Responsibilities: No aircraft owner or operator shall permit another to operate his or her aircraft within the limits of the airport until such owner or operator has assured that:

1. Certified And Qualified: The person is certificated and qualified to operate the aircraft in the specific activity;

2. Medical Certificate: The pilot has in his/her possession a current medical certificate; and

3. Knowledge: The pilot has an understanding and working knowledge of FAA airport traffic control procedure, use of the aircraft radio and this title.

D. Taxiing:

1. Care: No person shall taxi any aircraft carelessly or without due regard for the safety of other aircraft, vehicles and persons.

2. Out Of Hangars: No person shall move any aircraft into or out of any hangar while the engine is running.

3. Areas Restricted: No person shall taxi or tow any aircraft on areas other than runways, taxiways, ramps and aprons without prior express written approval of the city.

E. Aircraft:

1. Working Condition: No person may keep or store any aircraft at the airport unless it is in operating condition, is actively being repaired, or is enclosed in a hangar. The city may give permission to keep an inoperable aircraft for a reasonable time when good cause exists.

2. Securing: No person shall leave an aircraft unattended unless it is within a hangar, tied down, chocked or otherwise properly secured. The aircraft owner shall be responsible for all damages caused by failure to secure the aircraft.

3. Damaged; Removal: Every aircraft owner, operator and pilot, jointly and severally, shall be responsible for the prompt removal of wrecked aircraft, together with the debris that may have resulted therefrom, as soon as FAA regulations permit. Care shall be exercised to avoid damaging airport property.

4. Repair: No person shall repair or allow to be repaired any aircraft or aircraft part except in areas built or designated by the city for aircraft repair or in his or her own hangar. Any person can perform or have performed items of preventive maintenance on his or her own aircraft in the hangar or tie down to which it is normally assigned.

F. Parking:

1. Ramp: No person shall park an aircraft on the ramp other than on painted parking spots designated for that use.

2. Fees: No person shall park or tie down an aircraft at the airport without paying the prescribed rates and charges for use of the parking space.

G. Starting Engines:

1. Competent Person: No person shall start an aircraft engine unless there is a competent person at the controls, and the brake is fully applied or the wheels have been securely blocked with chocks equipped with ropes suitable for removing them safely.

2. Hangars: No person shall start an aircraft engine or run it while in a hangar.

H. Cleanliness: Each aircraft owner and attendant shall assure that the area adjacent to its aircraft is kept clean.

I. Maximum Pavement Weights: No person shall operate an aircraft weighing in excess of published structural limitations on any runway, taxiway, ramp or apron on the airport except with permission from the city.

J. Two-Way Radio Required: No person shall operate an aircraft on the airport unless it is equipped with an operable two-way radio for communication with the control tower without prior approval, except in an emergency, during the hours the control tower is manned.

K. Noise Abatement: No person shall knowingly violate noise abatement procedures agreed to by the city and the FAA.

L. Restricted Activities; Exceptions And Conditions:

1. Reckless Aircraft Operation: No person shall manifest wilful disregard for the safety of persons or property at the airport. No person may operate an aircraft on the airport while under the influence of alcohol or drugs, or while impaired.

2. Skydiving: No person shall conduct or participate in skydiving activity at the airport unless he or she has notified the airport manager of the proposed activity; complied with any insurance and safety requirements the airport manager may deem necessary to protect the city and airport users; and obtained FAA approval.

3. Jet Blast: No person shall taxi or operate any aircraft or helicopter on the airport where the jet or propeller blast may cause injury to persons or damage to property. If necessary, the aircraft/helicopter operator shall shut down the engine and have the aircraft towed to its destination.

4. Run Up Procedure: No person shall run up any aircraft except in the run up areas at the approach or departure ends of runways, or in other areas designated by the airport manager.

5. Holding On Runways: No person shall board or disembark from any aircraft on the runway except in an emergency, nor hold an aircraft there while an instructor coaches a student. Instructors shall not solo students except from the ends of the runways and in doing so shall clear the runway before disembarking from the aircraft.

(Ord. 2005-45, 7-19-2005)

8-2-5: VEHICLES:

A. Operator's License Required: No person may operate a motor vehicle on airport premises unless that person has a valid operator's license.

B. Safe Operating Condition: No person shall operate a vehicle at the airport unless it is in safe operating condition as described by Utah Code Annotated section 41-6a-1601, as amended.

C. Parking:

1. Locations: No person shall park a vehicle on the airport other than in a manner and at locations indicated by posted traffic signs or markings. A tenant may dedicate a portion of his/her hangar for nonaviation storage, so long as the hangar is primarily used for aviation purposes.

2. Hangars: No person shall park a vehicle in front of any hangar or building, except for delivery and service vehicles actually making a delivery, and then only long enough to complete the delivery.

3. Designated Parking Areas: The city may designate and mark a parking space on a tenant's leased area at the request of that tenant if doing so will not create a hazard, impede snow removal or other airport operations and the tenant pays the cost of having the space marked or does it himself or

herself. No designated parking space may be used to store campers, motor homes, trailers, trucks (except passenger vehicle pickups), boats or recreational vehicles.

D. Identification: Mobile service equipment must display identification visible from fifty feet (50'), identifying the vehicle owner.

E. Runways And Taxiways; Permission Required: No person shall operate a vehicle on any runway or taxiway without:

1. Approval: The express approval of the airport manager;

2. Clearance: Specific clearance by the control tower; and

3. Communication; Escort: Two-way radio communication with the control tower, unless exempted by written tower agreement or escorted by a vehicle with such communication.

F. Right Of Way: Drivers of vehicles must yield the right of way to aircraft and pedestrians on the airport.

G. Speed Limits: No person may drive a vehicle in excess of the posted speed limit on Airport Road, or anywhere else on the airport in excess of ten (10) miles per hour.

H. Prohibited Vehicles: Vehicle access to the ramp (aircraft nonmovement area) is limited to vehicles bearing Ogden-Hinckley airport ramp passes issued by the city. Vehicle operators desiring to obtain the required ramp pass must verify that they have received, and are familiar with, airport ground vehicle operation instructions and material provided by the city. The ramp pass shall be displayed on all vehicles at all times while operating in the ramp and aircraft nonmovement areas of the airport. No person shall operate, drive, or store any go-cart, horse trailer or similar vehicle, or horse on any ramp, runway or taxiway.

I. Inoperable Vehicles: No person shall store or keep any inoperable vehicle at the airport except while actively repairing it. The city may give written permission to keep an inoperable vehicle at the airport for a reasonable time for good cause, if no health hazard or impediment to airport operations exists and if the vehicle is not visible or accessible to the public.

J. Number Of Passengers; Conduct: No person may operate a vehicle on the airport while carrying more people or cargo than for which the vehicle was designed. No person may operate a vehicle unless all occupants are wholly inside the vehicle.

K. Traffic Signals: No person shall fail to obey the directions posted on traffic signs, signals or pavement markings on the airport.

(Ord. 2005-45, 7-19-2005)

8-2-6: GENERAL RULES OF CONDUCT:

A. Ordinances; Applicability: For the purposes of this title, the airport shall be deemed to be a public place. All city ordinances apply at the airport unless they are expressly inapplicable or they contradict this title.

B. Accidents; Reporting: Any person involved in an accident that causes damage to property or injury to persons or both at the airport shall report the accident immediately to the applicable emergency services and to the airport manager; and comply with all other reporting requirements under local, state or federal law. The persons involved shall remain at the scene of the accident without moving any debris until it has been investigated by an appropriate agency.

C. Damage; Liability: Any person causing damage of any kind to airport property or fixtures shall promptly pay the city for all repairs necessary. If the city prevails in a legal action to collect damage, the city may also collect reasonable attorney fees.

D. Littering: No person shall throw, drop or otherwise release or permit to be released upon the airport premises any trash, gravel or other substance except in proper receptacles. Each person shall pick up any material that is accidentally or purposely released in violation of the above and dispose of it properly.

E. Property:

1. Abandonment: The city may remove and dispose of abandoned property as provided by law.

2. Preservation: No person shall:

a. Destroy, damage or disturb in any way any building sign, equipment, marker or other structure, tree, flower, lawn or other public property on the airport.

b. Trespass on any airport property or within any building on airport property, or enter or remain in a building without authorization from its owner or lessee.

c. Interfere or tamper with or damage any part of the airport or any equipment thereon, or operate a vehicle or walk upon any portion of the airport not intended for such use without permission of the city.

d. Interfere or tamper with, enter or climb upon any aircraft, or commit any act which would endanger an aircraft operating at the airport, or start any aircraft engine without authorization from its owner or lessee.

F. Animal Control:

1. Use Of Firearms: The city may authorize use of firearms when necessary for bird and animal control and in accordance with any required state permits.

2. Dogs: No person shall bring a dog or other animal into the airport terminal unless it is a seeing eye or hearing dog. No person shall bring a dog or other animal onto other airport premises unless the animal is controlled by a leash. No person shall allow an animal to escape on the airport. Any person bringing a dog or other animal onto the airport shall immediately clean up any messes it causes and shall be responsible for any damage or injury it causes.

G. Pedestrians:

1. Runways And Taxiways: Pedestrian traffic, except as provided in subsection 8-2-4L5 of this chapter, in any form is strictly forbidden on runways and taxiways. Maintenance crews and others performing essential functions with the permission of the city are not considered pedestrian traffic.

2. Right Of Way: Pedestrians must yield the right of way to aircraft on the airport.

H. Service Equipment: All service equipment must be secured in approved parking areas.

I. Lost And Found: Any person finding a lost article on the airport shall turn it into the airport manager's office. Articles unclaimed in sixty (60) days shall be disposed of in accordance with the provisions of Utah statutes on unclaimed property.

J. Model Airplanes: No person may operate a model aircraft or other unpiloted flying device on the airport except with written permission of the city. Such written permission shall set forth the manner of operation and location that is permitted. No person may violate the terms of that written permission.

(Ord. 2005-45, 7-19-2005)

Chapter 3COMMERCIAL ACTIVITIES

8-3-1: PERMISSION REQUIRED:8-3-2: INSURANCE REQUIREMENTS:8-3-3: LEASES AND AGREEMENTS:8-3-4: LESSEE; COST RESPONSIBILITIES:8-3-5: CONSTRUCTION; WRITTEN AGREEMENT:8-3-6: RECORD KEEPING AND AUDITS:8-3-7: COMMERCIAL SIGNS AND ADVERTISING:8-3-8: SITE DEVELOPMENT STANDARDS:

8-3-1: PERMISSION REQUIRED:

A. No person shall use any area or facility on the airport for any commercial activities without first: 1) complying with applicable city regulations; 2) obtaining a permit for the activity from the city or signing a lease, whichever is required; 3) paying the rates and charges prescribed for that activity in chapter 5 of this title; 4) agreeing to indemnify the city as outlined in subsection 8-3-3D5 of this chapter; and 5) meeting the minimum standards for the activity.

B. Permission will expire: 1) if the permitted commercial activity ceases for a period of twelve (12) months; or 2) as specified by the lease, concession agreement or permit.

(Ord. 2005-45, 7-19-2005)

8-3-2: INSURANCE REQUIREMENTS:

A. Minimum Limits Of Insurance:

1. Each person conducting a commercial activity involving aircraft operation, including, but not limited to, aircraft instruction, rental or charter, shall maintain aircraft liability insurance with limits of not less than one million dollars ($1,000,000.00) per combined single limit per occurrence for bodily injury, personal injury, and property damage.

2. Each person conducting any commercial activity in which customers, vehicles or aircraft have access to or are operated on the ramps, apron, taxiways or runways shall maintain commercial general liability insurance with limits of not less than one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage; business automobile liability insurance with limits of not less than one million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage; workers' compensation limits as required by the laws of the state; and employer's liability insurance with limits of not less than one hundred thousand/five hundred thousand/one hundred thousand dollars ($100,000.00/500,000.00/100,000.00).

3. Each person selling or maintaining aircraft, aircraft parts or fuel shall maintain products and completed operations liability insurance with limits of not less than one million dollars ($1,000,000.00) combined single limit.

4. During construction, the lessee or owner, or the contractor of the lessee or owner, shall maintain all applicable liability insurance as stated in subsections A1, A2 and A3 of this section, commercial general liability insurance with limits of not less than one million dollars ($1,000,000.00) combined single limit per occurrence for bodily injury, personal injury and property damage; business automobile liability insurance with limits of not less than one million dollars ($1,000,000.00) combined single limit per accident for bodily injury and property damage; workers' compensation limits as required by the laws of the state; employers' liability insurance with limits of not less than one hundred thousand/five hundred thousand/one hundred thousand dollars ($100,000.00/500,000.00/100,000.00); and all-risk builders' liability insurance coverage in the amount of the project cost and any other construction obligations that may arise.

B. Deductibles And Self-Insured Retentions: Any deductibles or self-insured retentions greater than one thousand dollars ($1,000.00) must be declared to and approved by the city.

C. Other Provisions: The policies are to contain, or be endorsed to contain, the following provisions:

1. The city, its officials, employees and volunteers are to be covered as additional named insured on all policies to include liability arising out of aircraft operation and commercial activities; products and completed operations; premises owned, leased or used; and automobiles owned, leased, hired or borrowed by a commercial operator or contractor. The coverage shall contain no special limitations on the scope of protection afforded to the city, its officials, employees or volunteers.

2. The operator's, contractor's or lessee's insurance coverage shall be primary insurance as respects the city, its officials, employees and volunteers. Any insurance or self-insurance maintained by the city, its officials, employees or volunteers shall be in excess of the operator's, contractor's or lessee's insurance and shall not contribute with it.

3. The operator's, contractor's or lessee's insurer shall agree to waive all rights of subrogation against the city, its officials, employees and volunteers for losses arising under workers' compensation and employers' liability coverage.

4. Each insurance policy required shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice has been given to the city by certified mail, return receipt requested.

D. Acceptability Of Insurers: Insurance is to be placed with insurers carrying a "Bests" rating of not less than B+XII.

E. Verification Of Coverage: Each operator, contractor or lessee shall furnish the city with certificates of insurance affecting coverage required by this title. The certificates for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates are to be on forms acceptable to the city and are to be received and approved by the city before activity commences.

F. Subcontractors: The operator, contractor or lessee shall include all subcontractors and sub subcontractors as insured under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

(Ord. 2005-45, 7-19-2005)

8-3-3: LEASES AND AGREEMENTS:

A. Policy: It shall be the airport's policy to negotiate lease terms that make the airport as self-sufficient as possible; that provide flexibility to manage the airport; that provide high quality and all necessary services; and that provide a fair return on lessee's investment in capital improvements.

B. Proposal And Permits: A request to the city to lease airport land or facilities for commercial activities, to issue a commercial aeronautical activities permit, or to issue any other permit to conduct nonaeronautical commercial activities should be made in writing and include a proposal which sets forth the scope of operations proposed, including the following:

1. The name, address and telephone number of the applicant.

2. The services the applicant will offer.

3. The proposed date of commencement of the activity and term of conducting the same.

4. A detailed description of the scope of the intended operation.

5. The means and methods to be employed to accomplish the contemplated services.

6. The amount of land the applicant desires to lease.

7. The size and position of the building the applicant will lease or construct, if applicable.

8. The number of aircraft the applicant will provide, if applicable.

9. The number and qualifications of persons the applicant will employ.

10. The proposed hours of operation.

11. The amount and type of insurance coverage the applicant will maintain.

12. Evidence of the applicant's financial capability to perform and provide the proposed services and facilities.

C. Terms:

1. Length Of Lease:

a. Land on which private hangars for aircraft storage are constructed may be leased for a fifteen (15) year term.

b. Land on which a commercial special service operator building is constructed may be leased for a twenty (20) year term.

c. Land on which a fixed base operator building is constructed may be leased for a twenty five (25) year term.

d. The city reserves the right at its discretion to negotiate leases in excess of the above limits when a prospective lessee agrees to make a substantial capital investment.

2. Renewal: Upon lease expiration, lessee shall have the "first right of refusal" to renew their lease; provided however, that the lease is not in default. Each renewal term will be for five (5) years.

3. Final Decision: The above lease terms are not absolute and are subject to negotiation. A final decision will be made by the mayor, upon consultation with the FAA.

D. Mandatory Provisions: Every lease or agreement entered into shall be subject to and shall contain the following provisions, or similar substitute provisions approved by the city attorney:

1. The lessee agrees to comply with provisions of this title, and as it may hereafter be amended, and with implementing administrative orders as they may hereafter be adopted or amended. The lessee further agrees that more than three (3) violations of this title during any three (3) month period by lessee, its agents or employees; or any other pattern of violations that manifests reckless disregard for the health, safety and general welfare of the public and/or airport users shall be a material breach which may terminate the agreement at the option of the city. The city shall not exercise this option until it has notified the lessee and given the lessee a reasonable opportunity to retrain employees or otherwise demonstrate that lessee, its employees and agents can and will conform to this title. In addition to the above penalties, this agreement may be canceled by the city if the lessee fails to pay, when due, the whole or any part of the amounts agreed upon for rents and charges and such default continues for thirty (30) days after the city has demanded payment in writing.

2. The city may terminate any nonaeronautically related lease upon ninety (90) day notice to the lessee.

3. The lessee shall maintain the leased premises in a reasonable condition of repair, cleanliness and general maintenance.

4. It is understood and agreed that the lessee is an independent contractor and not an agent or employee of the city, and the city is an independent contractor and not an agent or employee of the lessee with regard to its acts or omissions hereunder.

5. Lessee shall protect, defend and hold lessor and its officials, employees, agents and volunteers completely harmless from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including, but not limited to, attorney fees, court costs and expert fees), of any nature whatsoever arising out of or incident to this agreement and/or the use or occupancy of the leased premises or the acts or omissions of lessee's officers, agents, employees, contractors, subcontractors, licensees or invitees, regardless of where the injury,

death or damage may occur, unless such injury, death or damage is caused by the sole negligence of the lessor. The lessor shall give the lessee reasonable notice of any such claims or actions. The lessee shall also use counsel reasonably acceptable to lessor in carrying out its obligations hereunder. The provisions of this subsection shall survive the expiration or early termination of this agreement. In carrying out any of the provisions herein, or in exercising any power or authority granted to lessee, there shall be no liability upon any official of the city, its authorized assistants, consultants or employees, either personally or as officials of the city, it being understood that in such matters they act as agents and representatives of Ogden City Corporation. It is further understood and agreed that the city assumes no responsibility for any damages or losses that may occur to the lessee's property, except the obligation that the city will not wilfully, intentionally or negligently damage the property of the lessee.

6. Upon the expiration or other termination of this lease agreement, the lessee shall have the right to remove any building owned by the lessee from the leasehold premises, and upon removal agrees to restore the land to as good condition as it was before the erection of any building. Removal must be accomplished within ninety (90) days, or as otherwise mutually agreed, after termination of any agreement and must be done without injury to the demised premises. If the city is required to terminate a lease through legal action and the lessee is not in default, the city shall pay the lessee the fair market value for the leasehold improvements.

7. No person may sublease or assign any facility or lease or contract at the airport except with approval of the city. The city shall be entitled to receive any revenue that the lessee/assignor of a city owned building receives from a sublessee/assignee that exceeds the amount the lessee/assignee is required to pay the city pursuant to the lessee's/assignee's agreement.

8. The airport manager or a designated representative may enter any facility or property on the airport at reasonable times and for reasonable purposes without prior notice.

9. There is hereby reserved to the city, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the premises hereby leased, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, not known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from or operating on the airport.

10. The lessee by accepting a lease expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land leased hereunder exceeding the obstacle identification surfaces as specified by FAR part 77. In the event the aforesaid covenant is breached, the lessor reserves the right to enter upon the land leased hereunder and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the lessees.

11. In addition to those provisions required by subsections D1 through D10 of this section, every agreement concerning a commercial activity for which payments are based on revenue generated shall contain the following provision: The concessionaire/permit holder agrees to maintain records in compliance with section 8-3-6 of this chapter and to fully cooperate with any audit hereunder. Concessionaire/permit holder further agrees to pay costs of the audit when required thereunder.

E. Aeronautical Activities: In addition to the provisions in subsection D of this section, every lease or agreement concerning aeronautical activity shall be subject to and shall contain the following provisions, or similar substitute provisions approved by the city attorney:

1. The lessee agrees to operate the premises leased for the use and benefit of the public and to furnish such service on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, however, that the lessee may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers.

2. The lessee, for himself, his heirs, personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained or otherwise operated on the said property described in this lease for a purpose for which a department of transportation program or activity is extended or for any other purpose involving the provision of a similar service or benefit, the lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to title 49, code of federal regulations, department of transportation, subtitle A, office of the secretary, part 21, nondiscrimination in federally assisted programs of the department of transportation-effectuation of title VI of the civil rights act of 1964 and any provisions of said regulations as may in the future be amended.

3. The lessee, for himself, his personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that no person on the grounds of sex, race, color, creed, national origin or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities, that in the construction of any improvements on, over or under such land and the furnishings of services thereof, no person on the grounds of sex, race, color, creed, national origin or disability shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; that the lessee shall use the premises in compliance with all other requirements imposed by, or pursuant to title 49, code of federal regulations, department of transportation, subtitle A, office of the secretary, part 21, nondiscrimination in federally assisted programs of the department of transportation - effectuation of title VI of the civil rights act of 1964, and such provisions of said regulations as may in the future be amended.

4. That in the event of a breach of any of the nondiscrimination covenants pursuant to part 21 of the regulations of the office of the secretary of transportation, the lessor shall have the right to terminate this lease and to reenter and repossess said land and the facilities thereon and hold the same as if said lease had never been made or issued.

5. It is clearly understood and agreed by the lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform.

6. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right.

7. Lessor reserves the right to further develop or improve the airport as it sees fit, regardless of the desires or views of the lessee and without interference or hindrance from lessee.

8. Lessor reserves the right, but without obligation to lessee, to maintain and keep in repair the landing areas of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of lessee in this regard.

9. During the time of war or national emergency, lessor shall have the right to lease the landing area or any part thereof to the United States government for military or naval use and if such lease is

executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the government, shall be suspended.

10. Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the lessor, would limit the usefulness of the airport or constitute a hazard to aircraft.

11. This lease shall be subordinate to the provisions of any existing or future agreement between lessor and the United States, relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditures of federal funds for the development of the airport.

12. The lessor reserves the right to temporarily close the airport or any of the facilities thereon for maintenance, improvement or for the safety of the public.

F. Commercial Aeronautical Activities Permit: A commercial aeronautical activities permit is required of all persons conducting commercial aeronautical activities upon the airport who do not have an airport lease with the city permitting the activity, such as when the person subleases airport property from another airport lessee. A commercial aeronautical activities permit is required of all persons conducting commercial aeronautical activities upon the airpark. A commercial aeronautical activities permit shall be subject to and shall contain terms similar to an airport lease, as follows:

1. A commercial aeronautical activities permit shall endure for a term not to exceed the length of a lease term for conducting similar activities as set forth in subsection C of this section, and shall not exceed the term of any existing lease of airport or airpark property upon which the commercial aeronautical activities are proposed to be conducted.

2. A commercial aeronautical activities permit shall be subject to and shall contain substantially the same mandatory provisions included within an airport lease, as set forth in subsections D and E of this section, modified as reasonably required and approved by the city attorney to make such provisions applicable to a permit rather than a lease.

G. Noncommercial Activities: A request to the city to lease airport facilities or land for noncommercial activities should be made in writing and include a proposal which sets forth the scope of the activity, which shall minimally include:

1. The name, address and phone number of the applicant.

2. The amount of land the applicant desires to lease.

3. The building space the applicant will lease or construct.

H. Processing: The city will approve or deny any application under subsections B and G of this section within thirty (30) days of its submission to the airport manager, except that the thirty (30) days may be extended if the applicant has been requested to provide additional information.

(Ord. 2005-45, 7-19-2005)

8-3-4: LESSEE; COST RESPONSIBILITIES:

A. Taxes: The lessee shall at its own expense pay all taxes and assessments against the leasehold premises or improvements.

B. Utilities: All utilities are to be paid by the lessee, unless otherwise provided.

C. Building Maintenance: All building maintenance on city owned facilities will be the responsibility of the lessee.

D. Pavement Maintenance: Routine maintenance of the entire lease area shall be the responsibility of the lessee.

(Ord. 2005-45, 7-19-2005)

8-3-5: CONSTRUCTION; WRITTEN AGREEMENT:

Prior to any occupancy or commencement of any construction on the airport, the prospective lessee shall enter into a written agreement with the city.

(Ord. 2005-45, 7-19-2005)

8-3-6: RECORD KEEPING AND AUDITS:

Each person conducting a commercial activity who pays the city a percentage of the revenue generated shall maintain and keep available for inspection at reasonable times and places, accurate records of the services performed and items sold, and the charges therefor. Each such person shall provide the airport manager a statement of the charges made for services or sales performed at least every six (6) months. The city shall have the right to inspect all such records and to audit them for completeness and accuracy. If an audit produces evidence that the city is entitled to revenue previously undisclosed, the person conducting the commercial activity shall reimburse the city for the cost of conducting the audit, as well as paying any past due amounts.

(Ord. 2005-45, 7-19-2005)

8-3-7: COMMERCIAL SIGNS AND ADVERTISING:

A. Regulations: No person shall erect, post or maintain commercial signs or advertising on city owned property unless:

1. Designated Area: The sign or advertising is placed in a location designated by the city;

2. Space Is Leased: The sign/advertising space is leased, at a negotiated rate.

B. Compliance; Existing Signs: Nothing in this section shall prevent a tenant conducting an approved commercial activity from erecting or maintaining signs on his/her own leased space, so long as the sign complies with the city sign ordinances, FAR part 77 and section 8-3-8 of this chapter. Existing signs on the date of the enactment of this title, that are on city property but otherwise meet the above requirements, may be incorporated into the owner's lease.

(Ord. 2005-45, 7-19-2005)

8-3-8: SITE DEVELOPMENT STANDARDS:

No person may construct, remodel, erect or rehabilitate any facility or sign on the airport except in compliance with applicable codes; FAR part 77; and the airport layout plan (or in an area approved by the FAA and the city). Site development plans must be approved by the city which approval shall not unreasonably be withheld. Construction may only be performed by a bonded contractor.

(Ord. 2005-45, 7-19-2005)

Chapter 4AERONAUTICAL ACTIVITIES; MINIMUM STANDARDS

8-4-1: SCOPE:8-4-2: FIXED BASE OPERATOR:8-4-3: AIRCRAFT ACCESSORY SERVICES OPERATOR:8-4-4: COMMERCIAL FLYING SERVICES:8-4-5: FLIGHT TRAINING:8-4-6: AIRCRAFT SALES:8-4-7: AIRCRAFT AIRFRAME AND ENGINE REPAIR:8-4-8: AIRCRAFT RENTAL:8-4-9: AIRCRAFT CHARTER:8-4-10: AIRCRAFT MANUFACTURING:8-4-11: FLYING CLUBS:8-4-12: OTHER SERVICES:8-4-13: PART TIME OPERATORS:

8-4-1: SCOPE:

Any person conducting a commercial aeronautical activity shall comply with the minimum standards herein for that activity. If a person conducts multiple commercial aeronautical activities, requirements need not be cumulative where a combination use can reasonably and feasibly be established, such determination to be made by the city.

(Ord. 2005-45, 7-19-2005)

8-4-2: FIXED BASE OPERATOR:

Any person desiring to sell or dispense fuel on the airport shall:

A. Licenses And Certification: Obtain and keep current any licenses or certification required by the FAA.

B. Lease Or Own Adequate Land: Lease or own adequate land on the airport or airpark to provide buildings, aircraft parking, space for required equipment (including, but not limited to, fuel trucks), customer parking and space to perform any other requirements herein, for an aggregate size of not less than twenty five thousand (25,000) square feet.

C. Adequate Buildings: Construct or lease a building on the airport or airpark which will provide adequate square footage of properly lighted and heated floor space for office; public lounge; sanitary public restrooms; and a working public telephone; and space for indoor repair of at least two (2) general aviation aircraft; for an aggregate size of not less than ten thousand (10,000) square feet.

D. Trained Personnel: Provide at least one properly trained person on duty at all times that the FAA control tower is in operation.

E. Adequate Inventory: Maintain an adequate inventory of at least two (2) generally accepted grades of aviation fuel, engine oil and lubricants.

F. Mobile Equipment: Provide mobile fuel dispensing equipment, with FAA approved marking devices, capable of servicing all types of general aviation aircraft. This mobile equipment shall have at least three hundred (300) gallon capacity and separate dispensing pumps for each grade of fuel.

G. Adequate Tank Storage: Provide fuel tank storage capacity adequate to accommodate all customer fueling needs.

H. Dispensers: Provide metered, filter equipped dispensers for dispensing gasoline from storage tanks.

I. Electrical Grounding Facilities: Install and maintain adequate electrical grounding facilities at all fueling locations.

J. Meet Applicable Codes: Meet all applicable fire codes, federal, state and local laws, statutes, ordinances, rules and regulations, pertaining to fire safety.

K. Quality Fuel: Deliver clean, bright and pure fuel, free of microscopic organisms, water and other contaminants. Quality control of fuel is the responsibility of the FBO.

L. Adequate Equipment:

1. Provide adequate passenger loading equipment, towing equipment, fire extinguisher, emergency starting equipment, oxygen, compressed air and wheel chocks.

2. Provide adequate hard surface hangar storage facilities and adequate aircraft parking and tie down spaces; and demonstrate the ability to move aircraft to such areas and park in compliance with airport and airpark regulations.

M. Aircraft Repair And Service: Provide trained personnel and adequate equipment for repairing and inflating aircraft tires, servicing oleo struts, changing engine oil, washing aircraft windows, cleaning aircraft interiors and recharging or energizing discharged aircraft batteries.

N. Fuel Spills; Plan: Provide a copy of a plan to contain fuel spills.

O. Fire Marshal Certification: Provide proof of certification of fueling operations by city fire marshal.

P. Disposal Of Materials: Provide for adequate and sanitary off airport and off airpark disposal of all trash, oil, solvents and other waste material, not less than once a week.

Q. Maintenance: Maintain all areas in a clean and well kept manner.

(Ord. 2005-45, 7-19-2005)

8-4-3: AIRCRAFT ACCESSORY SERVICES OPERATOR:

Any person desiring to conduct activities of an aircraft accessory services operator shall:

A. Lease Or Own Sufficient Land: Lease or own land and provide facilities (buildings, parking, etc.) on the airport or airpark sufficient to support the specialized aircraft service.

B. Certified Repairman: Have at least one FAA certified repairman qualified to perform each type of repair provided by the operator.

(Ord. 2005-45, 7-19-2005)

8-4-4: COMMERCIAL FLYING SERVICES:

Any person desiring to conduct activities of a commercial flying service operator shall:

A. Lease Or Own Sufficient Land: Lease or own land and provide facilities (buildings, parking, aircraft tie downs, etc.) on the airport or airpark sufficient to support the commercial flying service.

B. Chemical Drainage: In case of crop dusting, aerial application or other commercial use of chemicals, the operator shall provide a centrally drained, paved area of not less than four thousand (4,000) square feet for aircraft loading, unloading, washing and servicing. This area must be built and operated in full compliance with the environmental protection agency, state and local regulations governing such activities. The operator shall also provide for the safe storage and containment of all chemical materials, and comply with section 8-2-2 of this title. The operator shall provide tanks for the handling of liquid spray and mixing equipment for the same containment, storage, handling and safe loading of all noxious chemicals and materials.

C. Aircraft: Provide and have based on its leasehold, either owned or under written lease to the operator, at least one airworthy aircraft, suitably equipped for and meeting all the requirements of the FAA for the type of activity performed.

(Ord. 2005-45, 7-19-2005)

8-4-5: FLIGHT TRAINING:

Any person desiring to conduct flight training shall:

A. Lease Or Own Sufficient Land: Lease or own land on the airport or airpark sufficient for buildings, parking, and aircraft storage or tie down to support flight training.

B. Provide Sufficient Facilities: Provide sufficient facilities on the airport or airpark for storing, parking, servicing and repairing the aircraft used in flight training.

C. Certified Flight Instructor: Have available at least one FAA certified flight instructor.

D. Aircraft: Maintain at least one dual equipped aircraft for flight instruction.

E. Office And Classroom Space: Maintain sufficient office and classroom space on the airport or airpark for students with proper restroom and seating facilities.

F. Certified Ground Instructor: Have available at least one FAA certified ground instructor providing ground school instructions sufficient to enable students to pass the FAA written examinations.

G. Certification Requirements: Meet certification requirements for the FAA for the flight training proposed.

(Ord. 2005-45, 7-19-2005)

8-4-6: AIRCRAFT SALES:

Any person desiring to conduct aircraft sales shall:

A. Lease Or Own Sufficient Land: Lease or own land and provide facilities (buildings, parking, aircraft storage, etc.) on the airport or airpark sufficient to support aircraft sales.

B. Repair And Servicing: Provide satisfactory arrangements for the repair and servicing of aircraft, for the duration of any sales guarantee or warranty period.

C. Certified Pilot: Have available an FAA certified pilot capable of demonstrating aircraft for sale.

(Ord. 2005-45, 7-19-2005)

8-4-7: AIRCRAFT AIRFRAME AND ENGINE REPAIR:

Any person desiring to conduct aircraft airframe and engine repair shall:

A. Lease Or Own Sufficient Land: Lease or own land on the airport or airpark sufficient for buildings, parking and aircraft storage or tie down to support aircraft, airframe and engine repair.

B. Sufficient Hangar Space: Have sufficient hangar space on the airport or airpark to house any aircraft upon which airframe or engine repairs are being performed.

C. Sufficient Shop Space: Have sufficient shop space on the airport or airpark to house the equipment, and adequate equipment and machine tools, jacks, lifts and testing equipment to perform maintenance and repair of parts as required for FAA certification.

D. Suitable Storage: Have suitable storage on the airport or airpark for aircraft before and after repair and maintenance have been accomplished.

E. Certified Inspector: Have at least one person certified by FAA with ratings appropriate to the work being performed who holds an airframe, power plant or aircraft inspector rating.

F. Disposal Facilities: Maintain facilities for the safe storage and disposal of waste fuel, solvents and old parts and equipment.

G. Trained Personnel: Maintain the capability and trained personnel to remove disabled or abandoned general aviation aircraft.

(Ord. 2005-45, 7-19-2005)

8-4-8: AIRCRAFT RENTAL:

Any person desiring to conduct aircraft rental shall:

A. Lease Or Own Sufficient Land: Lease or own land and provide facilities (buildings, parking, aircraft storage, etc.) on the airport or airpark sufficient to support aircraft rental.

B. Certified Aircraft: Have available for rental, either owned or under written lease to the operator, at least one certified aircraft.

C. Adequate Facilities: Provide adequate facilities on the airport or airpark for servicing the aircraft.

D. Certified Pilot: Have available an FAA certified pilot capable of demonstrating aircraft for rental or for checking out other pilots in rental aircraft.

E. Checklists And Manuals: Keep proper checklists and operating manuals on all aircraft rented.

(Ord. 2005-45, 7-19-2005)

8-4-9: AIRCRAFT CHARTER:

Any person desiring to conduct aircraft charters shall:

A. Lease Or Own Sufficient Land: Lease or own land on the airport or airpark sufficient for building, parking and aircraft storage or tie down.

B. Adequate Buildings: Construct or lease a building on the airport or airpark with sufficient area to provide a conveniently located, lighted and heated passenger waiting lounge and restrooms for charter passengers and greeters.

C. Aircraft: Provide aircraft either owned or under written lease to the operator, which meet the requirements of the FAA air taxi commercial certificate.

D. Passenger Services: Demonstrate satisfactory arrangements for passenger ticketing and check in, baggage handling and ground transportation.

(Ord. 2005-45, 7-19-2005)

8-4-10: AIRCRAFT MANUFACTURING:

Any person desiring to conduct aircraft manufacturing shall:

A. Lease Or Own Sufficient Land: Lease or own land on the airport or airpark sufficient to accommodate the proposed manufacturing operations.

B. Adequate Buildings: Construct or lease one or more buildings on the airport or airpark with sufficient area to accommodate the proposed manufacturing operations.

(Ord. 2005-45, 7-19-2005)

8-4-11: FLYING CLUBS:

A. Organization: Flying clubs shall be organized as nonprofit corporations or unincorporated associations under state law for the purpose of fostering recreational flying; for the development of aeronautical skills including piloting or navigation; and for the development of general public awareness of and appreciation for aviation and aeronautics requirements and techniques.

B. Aircraft Registration: The FAA aircraft registration must show the names of all owners if the club is unincorporated, or the name of the incorporated flying club.

C. Copies Of Documents: Flying clubs shall furnish the city with copies of their bylaws, articles of incorporation, operating rules and membership agreements; the location of the club's registered agent; and the name, address and phone number of the person responsible for club members' compliance with airport rules and regulations.

D. Commercial Activities; Prohibited: Flying clubs shall not engage in any commercial activity at or from the airport or airpark. Aircraft owned, leased or used by flying clubs shall not be leased or loaned to others for any commercial activity. The club's aircraft shall not be used: 1) by other than bona fide club members for rental; or 2) by anyone for charter or taxi lease. Flying clubs shall not derive greater revenue from the use of its aircraft than the amount necessary for its actual operation, maintenance, and replacement.

(Ord. 2005-45, 7-19-2005)

8-4-12: OTHER SERVICES:

Any person providing any activities and services not listed in this chapter shall meet requirements promulgated by the mayor or chief administrative officer for engaging in such activities and services.

(Ord. 2005-45, 7-19-2005)

8-4-13: PART TIME OPERATORS:

A flight instructor, aircraft mechanic or aircraft broker who works less than eighty (80) hours per month on the airport or airpark may operate on the airport or airpark without becoming a special services operator or meeting the requirements therefor if he or she:

A. Permit: Obtains a permit as required by section 8-3-1 of this title.

B. Compliance: Complies with all other applicable airport and airpark rules and regulations.

C. Certificates, Licenses And Insurance: Obtains and keeps current any city and FAA required certificates, licenses and insurance.

D. Designated Area: Performs the activity in a properly designated area.

(Ord. 2005-45, 7-19-2005)

Chapter 5RATES AND CHARGES

8-5-1: LANDING FEES:8-5-2: LAND RENTAL:8-5-3: TIE DOWN FEES:8-5-4: FUEL FLOWAGE FEES:8-5-5: GENERAL AIRPORT FEES:8-5-6: CONCESSIONAIRES:8-5-7: OTHER COMMERCIAL ACTIVITIES:8-5-8: ESCALATION:8-5-9: BILLING PROCEDURES AND LATE CHARGES:8-5-10: AUTHORIZATION TO WAIVE FEES:

8-5-1: LANDING FEES:

A. Aircraft: The owner or operator of any aircraft landing at the airport that weighs in excess of twelve thousand five hundred (12,500) pounds shall pay to the City a landing fee at the rate of seventy five cents ($0.75) per one thousand (1,000) pounds of the aircraft's maximum gross landing weight rounded to the nearest one thousand (1,000) pounds.

B. Fixed Base Operator: Each fixed base operator shall, on a monthly basis, pay or collect and remit the landing fees imposed above for aircraft for which the fixed base operator provides billable services (fueling, tie down, etc.). If no billable services are provided, the fixed base operator shall not be responsible for the collection of the landing fee. Each fixed base operator required to pay or collect and remit landing fees shall comply with the recording, reporting and payment requirements imposed under subsection C of this section.

C. Recording; Reporting; Payment: Each fixed base operator shall:

1. Maintain a record indicating the date, N number, category of aircraft and the amount billed or collected, which record shall be maintained for three (3) years.

2. On or before the fifth day of the month next succeeding each calendar month, submit a report to the City, concurrently with monthly fuel flowage reports, regarding total landing fees billed or collected for the previous month.

3. Remit the amount of the landing fees billed or collected, on or before the fifth day of the month next succeeding the month of the report, minus the collection fee provided in subsection D of this section.

4. Give the owner or operator of the aircraft a receipt for the fee collected or bill the fee as a separate item.

D. Retention: A fixed base operator who is required to pay or collect and remit landing fees under this section may retain twenty eight percent (28%) of the landing fees collected for the cost to it of collecting and remitting such fees.

E. Separate Account Not Required: A fixed base operator is not required to maintain a separate account for the fees collected, but is deemed to be a person charged with receipt, safekeeping, and transfer of public monies. Fees collected by a fixed base operator pursuant to this section shall be held in trust for the benefit of the City and for payment to the City in the manner and at the times provided herein.

F. Exception To Fee: No landing fee will be assessed against airport or airpark based aircraft.

(Ord. 2018-14, 6-26-2018)

8-5-2: LAND RENTAL:

A. Aeronautical Activities: Any person leasing improved land at the airport for commercial or noncommercial aeronautical activities shall annually pay the City twenty eight cents ($0.28) per square foot of land. Any person leasing unimproved land at the airport for commercial or noncommercial aeronautical activities shall annually pay the City fifteen cents ($0.15) per square foot.

B. Nonaeronautical Activities: Any person leasing improved land at the airport for commercial or noncommercial nonaeronautical activities shall annually pay the City four (4) times the rate for improved land used for aeronautical activities. Any person leasing unimproved land at the airport for commercial or noncommercial nonaeronautical activities shall annually pay the City four (4) times the rate for unimproved land used for aeronautical activities. A tenant shall owe the nonaeronautical activities rate for all time periods that tenant uses leased ground for nonaeronautical activities, regardless of whether the nonaeronautical use is permitted or allowed by tenant's lease.

C. Definitions: For purposes of this section, "improved land" means land that is occupied by hangars or other structures; "unimproved land" means land not occupied by structures, including all support areas such as ramps, uncovered storage, or customer parking areas.

(Ord. 2018-14, 6-26-2018)

8-5-3: TIE DOWN FEES:

A. First Twenty Four Hours: Any nonbased aircraft may use a transient City tie down without charge for the first twenty four (24) hours, if available.

B. Enumerated: Any person not described in subsection A of this section using a City tie down shall pay the City the fee prescribed for its use, based on the aircraft's maximum certificated takeoff weight, as follows:

Size  Daily

(Overnight)  Monthly

(In Advance)   Yearly  

12,500 pounds or less   $15.00   $35.00   $350.00  

Over 12,500 pounds   25.00   50.00   500.00  

(Ord. 2018-14, 6-26-2018)

8-5-4: FUEL FLOWAGE FEES:

A. Royalty: Any person selling or dispensing fuel on the airport or airpark shall pay the City a royalty of five and one-half cents ($0.055) per gallon for fueling of air carrier aircraft certified pursuant to 49 CFR part 121 and seven cents ($0.07) per gallon for fueling of all other aircraft. Any person selling or dispensing fuel to aircraft certified pursuant to 49 CFR part 121 shall maintain a record indicating the date, aircraft registration number (N number), category of aircraft and the gallons sold, which record shall be maintained for three (3) years. All fuel delivered to the airport or airpark and fuel delivered to fixed base operator fuel facilities required in this title shall be deemed to be sold or dispensed on the airport or airpark at the time of delivery. However, the fueler may provide signed and dated receipts or other documentation acceptable to the City proving that the fuel was sold or dispensed off airport and airpark. The fueler shall then be entitled to credit for the fuel flowage fee paid on fuel sold or dispensed off airport and airpark.

B. Required Documents: Any person selling or dispensing fuel on the airport or airpark shall, on or before the fifth day of each month, submit to the City: 1) a detailed statement including delivery receipts from the fueling transport company showing all fuel delivered to, or for use upon, the airport or airpark during the preceding calendar month; and 2) the required Utah State Division of Aeronautics report. The City shall then bill such person.

C. Right To Audit: The City shall have the right to audit fuel flowage records at any time. If a discrepancy is identified, the person selling or dispensing the fuel shall pay the City the cost of conducting the audit, in addition to any amount owed to the City.

(Ord. 2018-14, 6-26-2018)

8-5-5: GENERAL AIRPORT FEES:

A. Security Badge Fees:

Type   Fee  

TSA badge application fee   $ 10.00  

Biennial air operations area (AOA) access   36.00 for 2 years10.00 renewal fee  

Biennial secure identification display area (SIDA) access   50.00 for 2 years10.00 renewal fee  

Badge replacement (original expiration date remains the same)  

100.00  

B. Overnight Parking Fees: Overnight parking fees at the airport are four dollars ($4.00) per day.

(Ord. 2018-14, 6-26-2018)

8-5-6: CONCESSIONAIRES:

Any person operating a concession at the airport shall pay the City a percentage of gross revenue and/or a flat fee as provided by contract.

(Ord. 2018-14, 6-26-2018)

8-5-7: OTHER COMMERCIAL ACTIVITIES:

Any person conducting a commercial activity not specifically listed in this chapter or covered by a written contract with the City, at or from the airport, shall pay the City a fee of one hundred dollars ($100.00) or five percent (5%) of gross revenue from the activity per year, whichever is the greater amount.

(Ord. 2018-14, 6-26-2018)

8-5-8: ESCALATION:

A. Review; Change: All fees and charges fixed in this chapter are subject to periodic review and change by the City Council.

B. Automatic Adjustments: Unless the City Council takes an alternate action, land rental rates, as determined by section 8-5-2 of this chapter, shall automatically be adjusted on January 1 of each year in accordance with corresponding changes in the Consumer Price Index published by the U.S. government for the preceding fiscal year ending September 30. Any automatic rental rate change shall apply to all rents due and payable during the calendar year when the change became effective. The "Consumer Price Index" shall mean those cost of living statistics published by the Bureau of Labor Statistics of the United States government for the area in which the City is included. In the event the Bureau of Labor Statistics ceases to publish a Consumer Price Index, those statistics provided by any successor governmental agency which are furnished for the same purpose shall be employed to determine the adjustment.

(Ord. 2018-14, 6-26-2018)

8-5-9: BILLING PROCEDURES AND LATE CHARGES:

Unless more restrictive provisions are imposed by written agreement, all amounts payable shall be paid within thirty (30) days of the due date, and late charges in the amount of five percent (5%) per month, or a minimum of twenty five dollars ($25.00), shall accrue if the amount is not paid within thirty (30) days of the due date. If legal action is required to collect any amount, the City shall also be entitled to attorney fees and collection costs incurred.

(Ord. 2018-14, 6-26-2018)

8-5-10: AUTHORIZATION TO WAIVE FEES:

The Airport Manager is authorized to waive landing and/or aircraft parking fees in the event of any emergency or in conjunction with any civic event or activity.

(Ord. 2018-14, 6-26-2018)

Chapter 6PENALTY CLAUSES

8-6-1: PROHIBITIVE NATURE OF TITLE:8-6-2: PENALTY:8-6-3: VIOLATORS:8-6-4: IMPOUNDING:8-6-5: LIEN:8-6-6: REIMBURSEMENT:

8-6-1: PROHIBITIVE NATURE OF TITLE:

It shall be unlawful for any person to do any act prohibited by this title, to fail or refuse to do any act required by this title, to operate a vehicle or aircraft in violation of any provisions of this title or to operate any vehicle or aircraft unless that vehicle or aircraft is equipped and maintained as required in this title.

(Ord. 2005-45, 7-19-2005)

8-6-2: PENALTY:

Any person found guilty of violating any of the provisions of this title shall be deemed guilty of a class B misdemeanor and subject to penalty as provided in title 1, chapter 4 of this code.

(Ord. 2005-45, 7-19-2005)

8-6-3: VIOLATORS:

In addition to any criminal penalties imposed, the following actions may be taken:

A. Removal From Airport: Any person who violates any provision of this title, creating a serious risk of injury to himself, others or property may be immediately removed or ejected from the airport, and/or denied landing or takeoff permission.

B. Two Violations Within Twelve Months: Any person who has violated the provisions of this title twice within any twelve (12) month period may be immediately removed or ejected from the airport, and/or denied the right to take off from or land at the airport, regardless of whether any of the violations created risk or injury.

C. Deprived Of Airport Use: Any person described in subsections A and B of this section may also be deprived of further use of the airport and its facilities for such length of time as is necessary to safeguard the airport, its facilities, its interests and the public, after a hearing before the chief administrative officer or his or her designated representative and an opportunity to explain any mitigating circumstances.

(Ord. 2005-45, 7-19-2005)

8-6-4: IMPOUNDING:

A. Aircraft: Any aircraft parked or being operated in violation of this title may be impounded by the city or relocated to a proper area at the airport. Such aircraft shall be released upon payment by the aircraft owner, operator, or pilot of a fee of fifty dollars ($50.00) for the cost of the impound, together with the parking fee then due and all storage and towing charges reasonably resulting from the impound. The airport manager or the city shall not be liable for any damage or property loss resulting from the impound. The city shall attempt to identify the aircraft owner or operator and notify him or her of the impound/relocation within seventy two (72) hours.

B. Vehicles: Any vehicle parked or being operated in violation of this title may be impounded by the city or relocated to a proper area at the airport. The vehicle owner or operator may recover the vehicle upon payment of a fifty dollar ($50.00) impound fee and any towing and storage charge. The airport manager or the city shall not be liable for any damage or property loss resulting from the impound or relocation. The airport manager shall attempt to identify the vehicle owner or operator and advise him or her of the impoundment or relocation within seventy two (72) hours.

(Ord. 2005-45, 7-19-2005)

8-6-5: LIEN:

The city may claim a lien against and hold any aircraft involved in an accident, impound or relocation until all fees and charges for materials, labor or damage to airport property have been paid.

(Ord. 2005-45, 7-19-2005)

8-6-6: REIMBURSEMENT:

If the city is required to expend funds for whatever reason arising out of the actions of any person, that person shall make immediate reimbursement with interest and costs of collection, including attorney fees, to the city.

(Ord. 2005-45, 7-19-2005)

Chapter 7AIRPARK RULES AND REGULATIONS

8-7-1: DEFINITIONS:8-7-2: GENERAL USE OF THE AIRPARK:8-7-3: AIRCRAFT OPERATION REGULATIONS:8-7-4: VEHICLES, PEDESTRIANS, ETC.:8-7-5: FUELING, FLAMMABLE FLUIDS, AND SAFETY:8-7-6: FEES:

8-7-1: DEFINITIONS:

The following words and phrases, in addition to definitions contained in section 8-1-1 of this title, whenever used in these airpark rules and regulations, shall be construed as defined in this chapter unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly ascribed to the use of such words or phrases. All definitions contained in 49 USC section 40101 et seq. (previously known as the federal aviation act of 1958, hereinafter cited as "FAA act") and all amendments thereto shall be considered as included herein; and all definitions shall be interpreted on the basis and intention of the FAA act and amendments thereto unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly ascribed to the use of such word or phrase.

ABANDON: As applied to property left in an airpark taxilane safety area, abandon means that it has been left without consent of the city for forty eight (48) hours without the owner moving or claiming it. Such property will be impounded with the local police department.

ACCIDENT: A collision or other contact between any part of an aircraft or a vehicle, person, stationary object or other thing which results in property damage, personal injury, or death; or any entry into or emerging from a moving aircraft or vehicle by a person which results in personal injury or death to such person or some other person or which results in property damage.

AIRCRAFT FUEL: All flammable liquids composed of a mixture of selected hydrocarbons expressly manufactured and blended for the purpose of effectively and efficiently operating: a) an internal combustion engine; or b) a jet or turbine engine.

AIRCRAFT GATE ACCESS DEVICE: A device issued by the city which operates an airport access gate to allow access between the airpark and the airport; the cost and expense of the initial procurement and subsequent maintenance of such devices shall be borne by the airpark manager.

AIRPARK AVIATION OPERATOR: A person owning or leasing at least one aircraft based in the airpark who accesses the airport from the airpark.

AIRPARK MANAGER: The individual designated by the airpark owner/developer as airpark manager.

AIRPORT/AIRPARK ACCESS: The movement of an aircraft to the airpark from the airport and vice versa.

AUTHORIZED FBO: A person qualified as a fixed base operator pursuant to chapter 4 of this title that has also been granted authority or permission by the airpark manager or airpark owner/developer to access private property within the airpark for the purposes of conducting FBO services.

BASED IN THE AIRPARK: An aircraft: a) which the owner physically locates at the airpark with no present intention of definite and early removal and with the purpose to remain for an undetermined period; b) which, whenever absent from the airpark, its owner intends to return to the airpark for permanent hangaring; and c) whose presence in the airpark is something other than merely transitory in nature.

BASED LOCATION: The location on the airport or in the airpark which is listed as the specific aircraft hangar, shade or tie down location as registered with the city for a particular aircraft.

CITY: Ogden City, a Utah municipal corporation, owner and operator of the Ogden-Hinckley airport.

FUEL HANDLING: The transportation, delivery, fueling, and draining of fuel or fuel waste products and the fueling of aircraft.

FUEL STORAGE AREA: Any portion of the airport or airpark designated temporarily or permanently by the city as an area in which gasoline or any other type of fuel may be stored or loaded.

OWNER: A person who holds legal title to an aircraft, or any person having exclusive possession of an aircraft pursuant to a written lease for a term of twelve (12) months or more.

PEDESTRIAN: Any person traveling on foot.

PERMISSION (OR PERMIT): Permission granted by the city.

PERSON: The state, county, a political subdivision of the state, other governmental entity, a corporation, firm, partnership, association, organization, and any other group acting as a unit, as well as an individual. "Person" includes a trustee, receiver, assignee or similar representative.

REGISTERED AIRCRAFT: An aircraft owned or leased by an airpark aviation operator and is listed on the airpark aviation operator's approved airpark access permit.

SMOKING: Burning or carrying any lighted cigarette, tobacco or any other weed or plant, or placing any burning tobacco, weed or plant in an ashtray or other receptacle and allowing smoke to diffuse into the air.

STAGING AREA: Open space immediately adjacent to a hangar of sufficient size that aircraft traffic on the taxilane will not be impeded by staging aircraft.

TAXILANE: The portion of the airport apron area, or any other area, used for access between taxiways and aircraft parking and storage areas.

TAXILANE SAFETY AND OBJECT FREE AREA: An airpark taxilane one hundred fifteen feet (115') wide which is free of all objects.

TECHNICAL SPECIALIST: A technical representative of an aircraft manufacturer, aircraft engine manufacturer, aircraft appliance manufacturer, or a nondestructive inspection specialist. 

(Ord. 2005-45, 7-19-2005)

8-7-2: GENERAL USE OF THE AIRPARK:

A. Purpose Of Rules And Regulations: Rules and regulations provided in this document and any amendments thereto (hereinafter referred to as "regulations") are intended for the safe, orderly and efficient operation of the airpark and apply to all persons using the airpark for any reason.

B. Conflicting Laws, Ordinances, Regulations And Contracts:

1. In any case where a provision of these rules and regulations is found to be in conflict with any other provision of the regulations adopted hereunder or in conflict with a provision of any zoning, building, fire, safety, health or other ordinance or code of the city, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail.

2. In cases where two (2) or more provisions of these regulations are in conflict, the most stringent or restrictive shall prevail.

3. It is not intended by these regulations to repeal, abrogate, annul, or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by these regulations, or to excuse any person from performing obligations to the city under any existing lease or other contract.

4. No existing or future city contract, access agreement, permit, lease agreement or other contractual arrangement, nor any payment or performance thereunder, shall be construed to excuse full and complete compliance with these regulations. Compliance with these regulations shall excuse full and complete compliance with any obligations to the city under any existing or future city contract, access agreement, permit, lease agreement or other contractual arrangement in conflict therewith.

5. Compliance with these regulations does not excuse failure to comply with any other law.

C. Compliance With FAA Regulations And The Law:

1. Prior to commencement of any construction in the airpark the general airpark plan must be submitted by the developer and be approved by Ogden City planning, the planning commission, and airport management. A general plan for the entire airpark is also necessary to ensure full compliance with federal aviation administration regulations governing uses, elevations and proximity to airport airspace and movement areas. These general plans must be submitted well in advance of construction in order to be included in an update to the airport master plan and airport layout plan, which is a prerequisite for FAA approval of individual "notice of the proposed construction or alteration (form 7460)" for each construction project in the development. Approval for each project in the development by Ogden City planning and airport management will precede submission of form 7460 notices to FAA for a safety determination and approval to proceed.

2. Layout and construction of airpark, taxilanes, ramps and access to the airport must meet the standards for group II aircraft as set forth in FAA advisory circular (AC) 150/5300.13, "Airport Design". In addition, all taxilanes will project an object free area (OFA) width of one hundred fifteen feet (115') rather than a one hundred foot (100') taxilane safety area.

3. Prior to commencing any aeronautical activities in the airpark, all persons shall comply with all applicable requirements concerning such activities as are set forth in this title as amended to include these airpark rules and regulations.

D. Registration And Licensing Of Airpark Aircraft: As a condition to initial and continued authorized airport/airpark access, each person owning, operating, leasing or otherwise controlling aircraft based in the airpark shall:

1. Prior to conducting airport/airpark access, register each such aircraft with the city and obtain an airpark access permit approved by the city for each aircraft and submit evidence satisfactory to the city of aircraft registration and/or leasehold interest in such aircraft.

2. Convey in writing any changes to information contained within the airpark access permit to the city within fifteen (15) calendar days of any change to aircraft ownership/leasehold interest.

3. If conducting storage of aircraft primarily used in conjunction with commercial aeronautical uses, provide evidence reasonably satisfactory to the city that:

a. The operator has been granted an approved aeronautical business permit to conduct aviation related activity in the airpark and the aircraft is primarily used in conjunction with the approved commercial aeronautical activity.

b. The permitted aeronautical business occupies the minimum amount of enclosed nonhangar gross floor area at the location required by the airpark minimum standards (500 square feet).

E. Limitations On Access Permit:

1. An airpark access permit shall remain in effect as long as all of the terms, conditions, and covenants of the permit are being kept and observed, and the airpark aviation operator is in compliance with all applicable airport/airpark and FAA regulations.

2. An airpark access permit shall not be assigned or transferred.

3. An airpark access permit shall not authorize the airpark aviation operator to engage in any commercial aeronautical services or activities.

F. Taxilane Wingspan Restrictions And Indemnification: The city recommends that aircraft operators only operate aircraft in areas of the airpark taxilanes consistent with their respective wingspan requirements. Taxilane safety and object free areas extend to 57.5 feet from taxilane centerlines. It is the pilot's responsibility to ensure wingtip clearances. The city assumes no liability for damage or loss, including aircraft operation in areas where aircraft wingspan exceeds the recommended maximum wingspan. Any such operation or resulting damage is solely at the risk of the aircraft operator, and said aircraft operator, as a condition of the issuance of an airpark access permit, shall defend, indemnify and hold harmless the city from any damage or losses resulting from said operation.

G. Self-Services:

1. Persons are permitted to fuel, wash, repair, paint, or otherwise service their own airpark based aircraft, provided there is no attempt to perform such services for others and further provided that such right is conditioned upon compliance with these regulations and all other applicable laws, rules, regulations and ordinances.

2. Airpark aviation operators may hire an individual to provide services only and solely on their own based aircraft. Such services may only be provided by a direct employee of an authorized FBO or specialized service operator, technical specialist or commercial aeronautical activities permit holder.

3. Self-service maintenance of aircraft in the airpark may only be performed on airpark based aircraft parked at their respective based locations.

H. Aircraft Maintenance: Maintenance of aircraft in the airpark shall only be conducted by one of the following: 1) the airpark aviation operator or its employee under the provisions of these regulations; 2) by a person employed by and under the control of an authorized FBO or aircraft accessory services operator; 3) a commercial aeronautical activities permit holder; or 4) an approved technical specialist.

I. Scheduled Passenger Service: Scheduled passenger service shall operate from the airport terminal building at 3909 Airport Road.

J. Smoking Areas: No smoking shall be permitted:

1. Within fifty feet (50') of any aircraft, fuel truck, and/or fuel storage areas on the airpark;

2. In other areas where specifically prohibited by the city.

K. Firearms, Explosives, Etc.:

1. No person, except an authorized law enforcement officer or member of the armed forces of the United States on official duty, shall possess any firearms in an airpark taxilane safety area, except firearms that do not contain live ammunition, are in an enclosed case, and are intended for immediate transport out of the airpark taxilane safety area.

2. No person, except an authorized law enforcement officer or member of the armed forces of the United States on official duty, shall possess any explosives in an airpark taxilane safety area.

3. No person, other than those in the above excepted classes, shall store, keep, handle, use, dispense or transport, at, in, or upon an airpark taxilane safety area any class A or class B explosives, any radioactive substance or material (except for minimum amounts of radioactive substances, such as radioactive paint illuminating instrument dials) without prior written authorization from the city.

L. Waste Containers And Disposal: Airpark property owners, airpark aviation operators, employees, tenants, users, or visitors in the airpark shall dispose of all waste in the appropriate waste containers. No petroleum products, industrial waste matter or other hazardous material shall be

dumped or otherwise disposed of except in accordance with local, county, state and federal environmental law.

M. Maintenance Of Property:

1. Persons owning, occupying, leasing, managing, or otherwise controlling airpark property shall maintain that portion of said property or any portion thereof which is contained in an airpark taxilane safety area in a condition of repair, cleanliness and general maintenance equal to or greater than the level of maintenance maintained by the city in comparable areas; at a minimum free of pavement lips or obstacles, vehicle ruts, standing water, trees and other vegetation exceeding twelve inches (12") in height, and free from any and all conditions hazardous or potentially hazardous to aircraft. Any person desiring to perform routine property maintenance in an airpark taxilane safety area shall notify the airport manager at least two (2) hours prior to commencing any work. Any person desiring to perform new construction, demolition or excavation in an airpark taxilane safety area shall notify the airport manager and coordinate safety related items at least forty eight (48) hours prior to commencing any work.

2. Except in accordance with subsection M1 of this section, no person shall make any alterations to any airpark taxilane safety area or other property located in, on, under or about any airpark taxilane safety area without prior notification to the city and obtaining any other required city permits.

N. Storage, Transfer And Cleanup Charges: Pursuant to other sections of this title, the city may remove and impose storage, removal and transfer charges upon any property unlawfully spilled, placed or otherwise deposited in an airpark taxilane safety area and may charge the responsible person(s) for the cost of the cleanup, any required environmental remediation, and expenses incurred by, or fines or damages imposed on, the city as a result thereof.

O. Property Damage; Injurious Or Detrimental Activities: No person shall destroy, deface, injure or disturb in any way airpark taxilane safety areas or conduct in the airpark activities that are injurious, detrimental or damaging to an airpark taxilane safety area or to activities and business of the airpark. Any person causing or liable for any damage shall be required to pay the city, on demand, the full cost of repairs. Any person failing to comply with this section shall be in violation of these regulations and may be refused the use of an airpark taxilane safety area until the city has been fully reimbursed for damage done.

P. Disorderly Conduct, Intoxicating Liquors, Etc.:

1. No person shall:

a. Commit any disorderly, obscene or unlawful act or commit any nuisance in an airpark taxilane safety area.

b. Drink any intoxicating liquor in any portion of an airpark taxilane safety area.

c. Become intoxicated on any portion of an airpark taxilane safety area.

2. No intoxicated person shall enter upon or loiter on or about airpark taxilane safety areas.

Q. Commercial Photography: No person shall take still, motion or sound pictures of or on an airpark taxilane safety area for commercial purposes without first receiving written approval from the city.

R. Advertisements: No person shall post, distribute or display signs, advertisements, circulars, printed or written matter on an airpark taxilane safety area without written permission from the city.

S. Animals: No person shall enter an airpark taxilane safety area with a dog or other animal unless restrained by a leash or properly confined as determined by the airport manager.

T. Obstacles:

1. With the exception of subsection T3 of this section, no vehicles, aircraft or other objects may be parked, temporarily stored or left standing on any airpark taxilane safety area.

2. Pursuant to this title the city may cause to be removed and impounded from any airpark taxilane safety area any vehicle or aircraft which is disabled, abandoned, parked in violation of applicable regulations, or any and all objects or other obstacles which present a hazard to aircraft, at the owner's or operator's expense and without liability for damage which may result in the course of such moving.

3. For properties with no staging area other than that which is located within the airpark taxilane safety area, aircraft or vehicles may be temporarily stopped in the airpark taxilane safety area for no more than thirty (30) minutes (unless otherwise approved in writing by the city), if located as close to the building as safely as possible, attended continuously without interruption at all times and able to be immediately moved, and are removed if necessary to allow aircraft to safely pass.

U. Airport Security:

1. Persons owning, operating or otherwise responsible for airpark property which contains any portion of the airport security perimeter (as defined by the city) shall at all times operate and maintain all access points and airport security perimeter on their property in a manner, acceptable to the city, which limits access from their property to the airport to only those persons authorized by this title as amended.

2. Airpark aviation operators and/or persons conducting approved airport/airpark access through an aircraft access gate shall immediately report to the airport traffic control tower or the airport manager any operational failure of the access gate, or failure of the gate to fully close.

3. Any person who accesses an airpark taxilane safety area shall be responsible for their actions and all actions of any person to whom they provide access, whether directly or indirectly, and shall defend, indemnify and hold harmless the city from any damages or losses resulting therefrom, including any fines levied against the city by the FAA.

4. The city may require and direct the installation, location and specifications of any airport/airpark access gate within the airpark that the city deems necessary or appropriate to meet the security and safety requirements of the airport or airpark.

V. Access Codes/Devices:

1. Only those persons who have been provided either a code or aircraft gate access device for the purpose of obtaining access to the airport shall use said airport issued code/device and shall not divulge, duplicate or otherwise distribute the same to any other person, unless said persons are authorized by the aircraft owner to operate the registered aircraft, or are visitors operating aircraft in compliance with these regulations. Violations of the aforementioned regulation may result in the loss of airport access privileges pursuant to this title.

2. An airport issued aircraft gate access device shall be assigned to an individual aircraft by registration number or approved service vehicle, and may not be used by any other aircraft or vehicle other than that registered aircraft or vehicle, unless used to provide access for visiting aircraft with prior notice to the airport manager. Only airport issued access devices may be used to activate an airport access gate, unless otherwise approved in writing by the city.

3. The city may deny the issuance of, or demand the return of, any aircraft gate access device for any violation of this title, the airport rules and regulations, or applicable FAA rules and regulations.

4. Each aircraft gate access device remains the property of the city. The city reserves the right to inspect aircraft gate access devices in aircraft or vehicles in the airpark and/or conducting airport/airpark access.

W. Airpark Security: Persons owning, operating or otherwise responsible for airpark property shall at all times keep vehicular access points to the taxilane safety area closed when not in immediate use, and limit access from their property to the airpark taxilane safety area to registered aircraft, visiting aircraft and approved service vehicles.

(Ord. 2005-45, 7-19-2005)

8-7-3: AIRCRAFT OPERATION REGULATIONS:

A. Landing And Takeoff Of Helicopters: No helicopter landing or taking off in the airpark shall obstruct the taxilane safety area at any location where the exhaust or rotor downwash may cause injury to persons or do damage to property or spread debris on an airpark taxilane safety area, aircraft parking and/or staging area.

B. Qualifications To Operate Aircraft: No person other than airpark aviation operators and visitors operating aircraft in compliance with these regulations shall operate any aircraft upon an airpark taxilane safety area, and/or conduct airport/airpark access.

C. Disabled Aircraft: Airpark aviation operators and pilots shall be responsible for the prompt removal of disabled aircraft and parts thereof from an airpark taxilane safety area, unless required or directed by the city or the FAA to delay such action pending an investigation of an

accident. In the event of failure to promptly remove such disabled aircraft, the city may cause the aircraft to be removed and impounded and bill the owners thereof for all charges incurred in the removal of same. The city shall not be responsible for damage to disabled aircraft removed by the owner, the pilot, the city or other persons.

D. Running Of Aircraft Engines: Aircraft engines shall only be run at idle except as may be necessary for safe taxiing operations or minimal preflight testing. All engine run ups for maintenance testing purposes shall be performed in accordance with all airport ordinances, rules and regulations including, without limitation, this title, as amended.

E. Exhaust And Propeller Blast: No aircraft engine shall be started or aircraft taxied in an airpark taxilane safety area or at any location where the exhaust or propeller blast may cause injury to persons or do damage to property or spread debris on an airpark taxilane safety area, aircraft parking and/or staging area.

F. Taxiing Of Aircraft: No person shall taxi an aircraft without first taking all necessary precautions to prevent a collision with other aircraft, persons or object. Aircraft shall not be taxied into or out of any hangar, shade, or other covered area. No person shall taxi an aircraft except on areas designated for taxiing and all taxiing shall be done in a safe manner. If it is impossible to taxi aircraft in compliance with this section, then the engine shall be shut off and the aircraft towed to a new location.

G. Advisory Prior To Taxiing: Prior to aircraft taxiing in an airpark taxilane safety area, during hours when the airport traffic control tower is in operation, aircraft operators shall utilize ground control frequency, 121.7 MHz, to broadcast to the airport traffic control tower their intentions to access the airport. Prior to aircraft taxiing in an airpark taxilane safety area, during hours when the airport traffic control tower is not in operation, aircraft operators shall utilize the common air traffic advisory frequency, 122.95 MHz (UNICOM).

H. Accident Reports: Any person involved in an aircraft accident occurring in an airpark taxilane safety area shall make a full written report thereof to the airport manager as soon after the accident as possible but in no event later than the time required for reporting the accident to the FAA or to any other governmental agency, or within forty eight (48) hours of the accident, whichever is sooner. The report shall include the names and addresses of the persons involved, and a description of the accident and its cause. When an additional written report of an accident is required by federal or state law, regulation, or agency, a copy of such written report shall also be submitted to the airport manager.

I. Visiting Aircraft: Nonbased (i.e., visiting/transient) aircraft may only conduct airport/airpark access to receive services from an airpark operator under circumstances permitted by the airpark manager or upon authorization by an airpark aviation operator or other person owning, leasing or otherwise controlling airpark property, and in accordance with the following:

1. Only airpark facilities with aircraft staging area located outside of the taxilane safety area may receive visiting aircraft, and the visiting aircraft must be parked at that location.

2. Visiting aircraft may only be fueled upon the airpark by an authorized FBO.

3. Visiting aircraft may not remain overnight in the airpark more than thirty (30) consecutive calendar days, without approval by the city.

4. If the visitor is unfamiliar with the access route to the airpark destination, the airpark aviation operator shall provide an escort to the airpark destination.

5. There is compliance by the visiting aircraft and the airpark aviation operator with these regulations.

J. Based Aircraft Storage: Airpark based aircraft shall only be parked at their based location. The number of aircraft which may be based at an airpark hangar/shade shall not exceed the number of aircraft that can fit into the hangar/shade at any one time if all based aircraft were present, and in addition shall be limited by the following:

1. The number of aircraft permitted to be based shall be limited by the number of aircraft "slots" available at the hangar location;

2. The number of "slots" shall be calculated by the amount of enclosed hangar floor area at the hangar storage location, with each one thousand (1,000) square feet of enclosed hangar floor area being equivalent to one slot;

3. A slot shall be considered to be occupied by a based aircraft for a minimum of six (6) months or as long as the aircraft is based at the location if in excess of six (6) months;

4. Replacement aircraft may be substituted for a slot aircraft only if the slot aircraft's hangar or operating lease terminates (but in no event prior to 30 days from the commencement of said lease), or the slot aircraft is sold and the replacement aircraft is based at the airpark hangar/shade location. In such case, a new six (6) month time period for the slot begins with the replacement aircraft;

5. Except as provided in subsection J4 of this section, replacement aircraft shall not be substituted for aircraft no longer based in the hangar/shade location.

(Ord. 2005-45, 7-19-2005)

8-7-4: VEHICLES, PEDESTRIANS, ETC.:

A. General Requirements: No person shall operate a vehicle in an airpark taxilane safety area except in accordance with the rules prescribed by the city and all federal, state and local laws.

B. Licensing And Insurance: No person shall operate a vehicle of any kind in an airpark taxilane safety area without a valid state operator's license. All vehicles authorized to operate in an airpark taxilane safety area shall at all times maintain at least the minimum coverages and amounts of vehicle liability insurance required by Utah state law.

C. Control Of Vehicles: No person shall operate or park a vehicle in an airpark taxilane safety area in a manner prohibited by signs, pavement markings or other signals posted by the city or by regulations or rules established under this chapter. The airport manager has plenary power to

regulate or prohibit any class or type of vehicle or any other type or class of wheeled vehicle or other form of transport that operates in an airpark taxilane safety area.

D. Travel In Airpark Taxilane Safety Areas: Travel through an aircraft access gate by a vehicle or pedestrian not authorized by the airport manager shall be prohibited. All vehicles, pedestrians and any other person in an airpark taxilane safety area shall yield the right of way to aircraft and will immediately exit the taxilane safety area to allow aircraft to pass unimpeded. No person shall enter any city owned airpark area posted as being closed to the public, except with the consent of the city. Airpark taxilane safety areas shall only be used by authorized vehicles, which include all airport administration vehicles, authorized FBO fuel trucks, and other vehicles as authorized by the city.

E. Speed Limit: All vehicles in an airpark taxilane safety area shall be operated in strict compliance with all posted speed limits. The maximum speed limit for all vehicles in an airpark taxilane safety area is ten (10) miles per hour, or less if required to ensure safe operation.

F. Scooter And Miscellaneous Vehicles: No person shall use in any airpark taxilane safety area any go-cart, go-ped, moped, skateboard, rollerblades, all-terrain vehicle or other vehicle not licensed, or otherwise permitted by Utah state law, for operation on a public street or highway. This subsection does not pertain to city vehicles or vehicles used solely for tugging, marshaling or refueling of aircraft.

G. Accidents: The driver of any vehicle involved in an accident in an airport taxilane safety area which results in injury or death to any person, or damage to any property, shall immediately stop such vehicle at the scene of the accident, render reasonable assistance to a person injured in the accident, including making arrangements for the caring of the person to a physician, surgeon or hospital for medical or surgical treatment if it is apparent that treatment is necessary or if the caring is requested by the injured person; and give his name, address and operator's license and registration number to the person injured, the airport manager and to any police officer or witnesses of the accident. The operator of such vehicle shall make a written report of such accident in accordance with state law and provide a copy of same to the airport manager.

H. Careless Operation, Driving While Intoxicated, Etc.: No vehicle shall be operated in any airpark taxilane safety area:

1. In a careless, negligent, or reckless manner;

2. In disregard of the rights and safety of others;

3. Without due caution or circumspection;

4. At a speed or in a manner which endangers or is likely to endanger persons or property;

5. While the driver would be prohibited by law from operating an automobile upon the public streets of the city due to drug or alcohol impairment or influence;

6. If the vehicle is so constructed, equipped or loaded as to endanger or be likely to endanger persons or property, or to result in the load or other materials becoming separated from the vehicle;

7. If the vehicle is so equipped, without operating headlights, taillights, turn signals, and brake lights during hours of darkness or during inclement weather; or

8. In a manner that does not allow the vehicle to be immediately driven or towed away from any nearby aircraft in case of emergency.

(Ord. 2005-45, 7-19-2005)

8-7-5: FUELING, FLAMMABLE FLUIDS, AND SAFETY:

A. Fuel Safety: All transportation, storage and other handling of aircraft and vehicle fuel within the airpark shall comply with the current fire code, as adopted by title 16, chapter 2 of this code, or its successor provisions, the National Fire Protection Association's codes and standards, as amended, FAA advisory circular 150/5230.4, as amended, all requirements of these regulations, and all other applicable laws.

B. Aircraft Fueling: All aircraft fueling shall be performed outdoors and no closer than twenty five feet (25') to a structure. Aircraft fueling in the airpark may only be conducted by: 1) an authorized FBO; or 2) an airpark aviation operator fueling its airpark based aircraft at its based location and pursuant to a city issued self-fueling permit. Fueling of nonbased aircraft or aircraft not at its based location by other than an authorized FBO is prohibited.

C. Removal Of Gas, Oil, Grease, Aircraft Washing Effluent, Etc.: In the event of spillage or dripping of gasoline, oil, grease, aircraft washing effluent or any material which may be unsightly or detrimental to an airpark taxilane safety area, the same shall be removed immediately. The responsibility for the immediate removal of such gasoline, oil, grease, aircraft washing effluent or other material shall be assumed by the operator or owner of the equipment causing the same or the property owner responsible for the deposit. In the event of such spillage, and the failure of the operator or owner to restore the area to its original safe and environmentally sound status, the city may clean up any material unlawfully spilled, placed or otherwise deposited in an airpark taxilane safety area and may charge the responsible person(s) for the cost of the cleanup, any required environmental remediation, and expenses incurred by, or fines or damages imposed on, the city as result thereof. Such an event may constitute grounds for denying access to the airport in accordance with the provisions of this title, as amended.

D. Fire Extinguishers:

1. All airpark aviation operators shall supply and maintain such adequate and readily accessible fire extinguishers as may be required by the city or fire department. Each fire extinguisher shall carry a suitable tag showing the date of most recent inspection.

2. At least two (2) fire extinguishers, each having a rating of at least 20-BC, shall be available for use in connection with the aircraft fuel handling operations.

E. Unauthorized Fuel Possession And Storage: Except as expressly permitted by these regulations, no person shall possess aircraft fuel in the airpark.

F. Fuel Facility Permit: Any airpark aviation operator shall meet, and at all times maintain compliance with, the following conditions before the city will issue a self-fueling permit and consider any such operator in good standing:

1. The fuel storage area from which the aircraft is to be fueled shall be on the same building site as the based location of the based aircraft owned or leased by the operator, except in the case of an authorized FBO.

2. The fuel storage area shall be equipped with a fuel flowage meter of a type approved by the city.

3. If the hangar facility at which the fuel storage area is located is approved to conduct hangar/shade leasing and fuel is dispensed into based aircraft, the fuel flowage meter shall be regularly calibrated and copies of such test results regularly provided to the city upon request; and

4. The identification number ("N" number) of the aircraft based in the airpark and applying for an airpark access permit shall be affixed to the fuel storage area in a form and manner approved by the city as well as displayed in a location that is visible at the pump, or the identification numbers shall be reported monthly to the airport in a written form and manner acceptable to the city.

5. Aircraft fuel dispensed from an approved airpark fuel storage area shall only be supplied an airpark based aircraft at its based location pursuant to a self-fueling permit, except fueling performed by an authorized FBO. No retail aircraft fuel sales shall take place in the airpark except those provided by an authorized FBO.

G. Movable Aircraft Fuel Storage Tanks: Unless otherwise approved by the airport manager and city fire marshal, movable aircraft fuel storage tanks are prohibited in the airpark except for:

1. Aircraft fueling/defueling trucks and trailers constructed, operated and maintained in all respects as required by law. Such aircraft fueling/defueling trucks and trailers shall be operated in the airpark solely by an authorized FBO, or in the case of defueling equipment only, by an aircraft accessory services operator, aircraft airframe and engine repair operator or technical specialist.

2. Permanent fuel tanks in an operable aircraft.

3. Tanks not exceeding one gallon capacity used solely for sampling and testing fuel, engines and fuel handling apparatus.

4. No more than one tank with a capacity of not more than fifty five (55) gallons used by a person to fuel his own aircraft pursuant to a self-fueling permit. Said tank must be stored outside and no closer than fifty feet (50') to any structure.

5. Tanks in transit for the purpose of lawfully transporting fuel for immediate dispensing into a fuel storage area permitted by the city.

H. Aircraft Owner Self-Fueling: Except as may be prohibited by other provisions of these regulations and any other applicable law, airpark aviation operators who desire to self-fuel their airpark based aircraft, shall apply for and receive a self-fueling permit from the city prior to conducting self-fueling.

I. Inspection Of Fuel Facilities And Records, Meter Readings And Reporting:

1. The city and its officials, representatives, and agents shall have a continuous right of access onto private property in the airpark for the purpose of inspecting fuel facilities and equipment. Fuel storage and dispensing records shall be regularly subject to inspection by the city upon reasonable notice. Such inspection may include, but not be limited to, taking meter readings, reviewing and inspecting fuel storage records, fueling apparatus, training records, emergency equipment, and any and all material for safe fuel handling.

2. Airpark aviation operators who conduct self-fueling shall submit to the airport in a manner acceptable to the city not later than the tenth day of the following month a written monthly fuel inventory reconciliation report. The reconciliation report shall include:

a. The type and amount of fuel dispensed into all aircraft, fixed wing and helicopters.

b. The type and amount of fuel received, spilled, leaked, defueled from aircraft or otherwise accounted for.

3. If required by state law, airpark aviation operators shall submit annual tightness testing reports to the city fire department no later than twenty (20) calendar days after such testing is performed.

J. General Insurance Requirements: Any person owning, operating or otherwise responsible for an airpark aircraft fuel storage facility shall at all times comply with federal, state and local law concerning insurance, liability and financial responsibility for fuel storage facilities including, but not limited to, 49 USC 100 1ff and 40 CFR 280 et seq.

(Ord. 2005-45, 7-19-2005; amd. Ord. 2011-39, 6-28-2011)

8-7-6: FEES:

A. Airport/Airpark Access Fee: Any person conducting any commercial aeronautical activity upon the airpark shall be subject to an airport access fee to be paid to the city in compliance with a current airport access agreement entered into between the airpark property owner and the city, as required by this title.

B. Airport/Airpark Fuel Flowage Fee: If aircraft are fueled on the airpark, whether by an authorized FBO or pursuant to a self-fueling permit, a person owning, operating or otherwise responsible for the fueled aircraft shall pay fuel flowage fees, in addition to any other fee, as established in the airport fees schedule (see chapter 5 of this title), with such fees subject to change.

C. Airpark Gate Access Device Deposit:

1. Upon payment of a deposit as listed in the airport/airpark rates and fees schedule and the prior satisfying of all applicable airpark rules and regulations, and having been granted an approved airpark access permit, an aircraft gate access device may be issued to:

a. An airpark aviation operator only for use in conjunction with the registered aircraft for which the airpark gate access device was issued, or visiting aircraft as noted in subsection 8-7-2V2 of this chapter.

b. An operator of an approved government owned vehicle with a bona fide official need to access the airpark through the airpark aircraft access gates.

c. An authorized FBO for use to provide approved fueling or other aircraft service vehicle.

2. The deposit shall be refundable only after cancellation of the approved airpark access permit and upon return of the aircraft gate access device in good working order.

D. Collection Of Fees:

1. An authorized FBO that provides fueling services within the airpark shall collect, pay, and account for applicable fuel flowage fees and landing fees in the same manner that such fees are collected, paid, and accounted for in conjunction with FBO services provided within the airport pursuant to chapter 5 of this title.

2. All other fees due and payable to Ogden City Corporation for airpark operations will be collected by the airpark manager and forwarded to the airport manager for submission to the city treasurer. It shall be the responsibility of the airpark manager to maintain appropriate records of these fees for a period of at least two (2) years and to be prepared for an audit of these records as requested by the city.

(Ord. 2005-45, 7-19-2005)

Chapter 8AIRPARK MINIMUM STANDARDS

8-8-1: DEFINITIONS; APPLICATION; WAIVER:8-8-2: APPLICATION PROCESS:8-8-3: GENERAL PROVISIONS:8-8-4: INSURANCE:8-8-5: GENERAL OPERATIONAL REQUIREMENTS:8-8-6: GENERAL AVIATION SPECIALTY SERVICES:8-8-7: AIRPORT ACCESS AGREEMENT:

8-8-1: DEFINITIONS; APPLICATION; WAIVER:

A. Definitions: All definitions contained in this title, airport rules and regulations and airpark rules and regulations, are incorporated by reference into these airpark minimum operating standards. For purposes of these airpark minimum operating standards, all references to the "rules and regulations" are to either the airport rules and regulations and/or the airpark rules and regulations.

     DIRECT ACCESS: The direct access area of the airpark property is that certain property that: 1) has aircraft access to the airside airport property via an existing taxilane or taxiway and is contiguous to airside airport property; 2) can provide aircraft access to the airport directly from the aircraft staging area to an airport taxiway (excluding taxilanes and aircraft parking aprons); and 3) has an aircraft staging area that is not located within a taxiway safety area or taxilane safety area, is located on the same lot as the aircraft storage location and is of sufficient size that aircraft traffic on the taxilane will not be impeded by aircraft staging.

    SELF-STAGED REMOTE AREA: Airpark property that: 1) has aircraft access to remote area: the airside airport property via an existing taxilane; 2) can provide aircraft access directly from the aircraft storage area to the aircraft staging area located on the same lot without traversing the airpark taxilane safety area; 3) has an aircraft staging area that is not located within a taxiway safety area or taxilane safety area; and 4) the square footage of the aircraft staging area is equal to or greater than the square footage of the largest hangar on the same lot and is of sufficient size that aircraft traffic on the taxilane will not be impeded by aircraft staging. 

B. Application Of Minimum Operating Standards: Minimum standards for airpark operations shall meet the airport minimum standards of chapter 4 of this title, as amended.

In addition, a person conducting commercial aeronautical activities in approved areas of the airpark (hereinafter referred to as "operator"), shall, as a condition of conducting such activities, comply with all applicable requirements concerning such activities as set forth in these airpark minimum operating standards and any amendments thereto. The requirements set forth in chapter 4 of this title and herein are the minimum standards which are applicable to persons conducting commercial aeronautical activities in approved areas of the airpark, and all persons are encouraged to exceed such minimum standards in conducting their activities. Chapter 4 of this title and these airpark minimum operating standards shall be deemed to be a part of each

operator's commercial aeronautical activities permit unless any such provisions are waived or modified by the city pursuant to chapter 4 of this title. The mere omission of any particular standard from an operator's written commercial aeronautical activities permit shall not constitute a waiver or modification of such standard in the absence of clear and convincing evidence that the city intended to waive or modify such standard.

C. Multiple Activities By One Operator: Whenever an operator conducts multiple activities pursuant to one commercial aeronautical activities permit with the city, such operator must comply with the minimum standards set forth herein for each separate activity being conducted. If the minimum standards for one of the operator's activities are inconsistent with the minimum standards for another of the operator's activities, then the minimum standards which are most restrictive and beneficial to the city, and/or which are most protective of the public's health, safety and welfare, shall apply.

D. Activities Not Covered By Airpark Minimum Operating Standards: Any person conducting a commercial aeronautical activity for which no specific minimum standards are expressly set forth in chapter 4 of this title or herein shall comply with all requirements set forth in the operator's commercial aeronautical activities permit, any requirements promulgated by the city and all applicable zoning ordinances and federal aviation regulations.

E. Waiver Or Modification Of Standards: The city may waive or modify any portion of these airpark minimum operating standards for the benefit of any governmental agency performing nonprofit public services, fire protection or firefighting operations, provided such waiver is in the best interest of the city and will not result in any unjust economic discrimination among commercial operators at the airport.

(Ord. 2005-45, 7-19-2005)

8-8-2: APPLICATION PROCESS:

A. Applications: Any person who desires to conduct commercial aeronautical activities in the airpark covered by these airpark minimum operating standards shall, prior to conducting such activities, submit in writing a proposal which sets forth the scope of operations proposed, to include at a minimum the specific information delineated in subsection 8-3-3B of this title and the documentation listed below. In addition, the city may require the applicant to provide additional information which is necessary to ensure compliance with this code, rules and regulations, and/or these airpark minimum operating standards. The applicant shall, at minimum, submit the following documentation with the above referenced application:

1. A detailed description of the scope of the intended operations, including all services to be offered;

2. The proposed hours of operation;

3. A detailed description and/or evidence of the applicant's technical abilities and experience in conducting the proposed activities, including personal references;

4. The commencement date for the applicant's activities and the term of the lease, license, permit or agreement sought, including all option periods;

5. One of the following:

a. If the applicant is a corporation, a copy of the articles of incorporation as filed with the Utah state division of corporations;

b. If the applicant is a limited liability company, a copy of the articles of organization filed with the Utah state division of corporations;

c. If the applicant is a limited partnership, a copy of the certificate of limited partnership filed with the Utah state division of corporations; or

d. If the applicant is a general partnership, a copy of the written partnership agreement, if any;

6. An original copy of a certificate of insurance, in the amounts outlined hereunder, naming the city as an additional insured;

7. A copy of a lease/sublease agreement for the property where the commercial aeronautical activity will be conducted and a diagram showing the location on the same site where the commercial aeronautical activity will be conducted, where all aircraft used in the commercial aeronautical activities will be stored, and the location and square footage of any on site office space;

8. A copy of the applicant's Ogden City business license;

9. A rates and charges schedule for all services to be conducted; and

10. Copies of applicable federal aviation administration (FAA) certificates.

B. Processing; Denial: The airport manager, in accordance with this title, as amended, shall be responsible for processing an application for a commercial aeronautical activities permit to conduct commercial aeronautical activities at the airpark and shall process an application within a reasonable time not to exceed thirty (30) business days from actual receipt of a fully completed application form. The city may deny any application if it is determined that:

1. The applicant does not meet the qualifications and standards set forth in the applicable zoning ordinance, this title, including the airport and airpark rules and regulations, and minimum operating standards;

2. The proposed commercial aeronautical activities are likely to create a safety hazard at the airport or in the airpark taxilane safety areas;

3. The commercial aeronautical activities will require the city to expend funds, or to supply labor or materials as a result of the applicant's activities, or will result in a financial loss to the airport;

4. The proposed commercial aeronautical activities are not consistent with the airport master plan and/or airport layout plan;

5. The proposed commercial aeronautical activities are likely to result in a congestion of aircraft or buildings, a reduction in airport capacity, or an undue interference with airport or airpark operations or the operations of any existing operators;

6. The applicant or any of its principals has knowingly made any false or misleading statements in the course of applying for a lease, license permit or agreement;

7. The applicant or any of its principals has a record of violating any provision of this title, as amended, federal aviation regulations, or any other applicable laws, ordinances, rules or regulations;

8. The applicant has not submitted appropriate documentation supporting the proposed activity as outlined in subsection A of this section.

C. Appeal Process:

1. The applicant shall have the ability to appeal the denial of an application by the airport manager subject to the following provisions:

a. The applicant must provide written notice of appeal to the Ogden City chief administrative officer within ten (10) days of said denial.

b. The request for a hearing will follow procedures set forth in section 8-1-5 of this title, as amended.

(Ord. 2005-45, 7-19-2005)

8-8-3: GENERAL PROVISIONS:

A. General Provisions: Except as otherwise provided in this title, all licenses or permits issued by the city which affect the airport or relate to commercial aeronautical activity in the airpark are subject to the following provisions:

1. Rights to engage in commercial aeronautical activities in the airpark are nonexclusive.

2. A termination clause allowing the city to terminate the operator's license or permit no later than thirty (30) days after notice of default is given to the operator if the operator fails to cure its default within the thirty (30) day period, and allowing the city to terminate the license or permit immediately if the operator fails to maintain the required insurance.

3. No license, permit, or any rights thereunder, shall be assigned.

(Ord. 2005-45, 7-19-2005)

8-8-4: INSURANCE:

A. General Insurance Requirements: Any person conducting commercial aeronautical activities upon the airpark, including airpark general aviation specialty services, shall at all times comply with the minimum insurance requirements for conducting such activities on the airport, as set forth in section 8-3-2 of this title.

B. Additional Insurance Required By City's Risk Management Director: In addition to the types and amounts of insurance required by section 8-3-2 of this title, operator shall at all times maintain such other insurance as the city's risk management director may reasonably determine to be

necessary for such operator's activities.

(Ord. 2005-45, 7-19-2005)

8-8-5: GENERAL OPERATIONAL REQUIREMENTS:

A. Airpark Rules And Regulations: Each operator shall comply with this title, as amended, and any other documents established by the city for the safe, orderly and efficient operation of the airpark.

B. Personnel, Subtenants And Invitees; Control And Demeanor: Each operator shall employ a sufficient number of trained, on duty personnel to provide for the efficient, safe, orderly and proper compliance with its obligations under its commercial activities permit. Each operator shall control the conduct and demeanor of its personnel, subtenants, licensees and invitees and, upon objection by the city concerning the conduct or demeanor of any such person, the operator shall immediately take all lawful steps necessary to remove the cause of the objection. Each operator shall conduct its operations in a safe, orderly, efficient and proper manner so as not to unreasonably disturb, endanger or offend others.

C. Interference With Utilities And Systems: No operator shall do or permit to be done anything that may interfere with the effectiveness or accessibility of any public utility system, drainage system, sewer system, fire protection system, sprinkler system, alarm system or fire hydrant and hoses.

D. Fire Equipment: Each operator shall supply and maintain such adequate and readily accessible fire extinguishers and equipment as may be required by law and/or the city's fire department.

E. Vehicle Identification: If approved for use on an airpark taxilane by the city, a vehicle used in the airpark in conjunction with any approved commercial aeronautical activity must bear identification designating the operator to whom the vehicle is assigned. Letters shall be a minimum of three inches (3") in height on a contrasting background and displayed in a manner that is acceptable to the city.

F. Indemnification: To the fullest extent permitted by law, any person accessing or using the airport or any of its facilities, or any airpark taxilanes, and the person's successors, assigns and guarantors, shall indemnify, defend, pay and hold the city, its agents, employees, officials, directors, officers, and representatives harmless from and against all claims, demands, charges, penalties, obligations, fines, administrative and judicial actions or proceedings, suits, liabilities, judgments, damages, losses, costs and expenses of any kind or nature (including, but not limited to, attorney fees and expenses, expert witness and consultant fees and expenses, arbitration fees, court costs and the cost of appellate proceedings) arising from said access or use, or from any other act or omission of said person (and its employees, agents or anyone for whose acts or omissions said person may be liable) including, without limitation, the discharge of any duties or the exercise of any rights or privileges pursuant to this chapter or any regulations or minimum operating standards promulgated hereunder. This section applies, without limitation, to claims of personal injury, bodily injury, sickness, disease or death, and to claims of property damage (including city property), destruction or other impairment of every description (including, without limitation, loss of use), and to claims of environmental property damage (including, without

limitation, cleanup, response, removal and remediation costs).

(Ord. 2005-45, 7-19-2005)

8-8-6: GENERAL AVIATION SPECIALTY SERVICES:

In addition to permitting commercial aeronautical activities described in chapter 4 of this title, the city may grant a commercial aeronautical activities permit to conduct the following general aviation specialty services upon the airpark, provided the person complies with applicable minimum standards:

A. Hangar/Shade Leasing Services: "Hangar/shade leasing services operator" means a person engaged in the business of leasing, renting or licensing hangars/shades in the airpark or space in a hangar in the airpark to aircraft owners or operators for aircraft storage purposes. A hangar/shade leasing services operator may engage in the business of construction and/or operating hangars/shades to be leased in the airpark. A hangar/shade leasing services operator shall:

1. Prior to conducting any commercial hangar/shade leasing services in the airpark, obtain a commercial aeronautical activities permit from the city for aircraft storage and commercial hangar/shade leasing, and lease or own sufficient land to accommodate the proposed operations.

2. Maintain the types and minimum amounts of insurance required by section 8-8-4 of this chapter as to any of its activities which may be covered by such insurance.

3. Comply with all applicable federal aviation regulations and city zoning ordinances.

B. Aircraft Sales Services: An "aircraft sales services operator" means a person engaged in the sale of new and/or used aircraft based on the airport or in the airpark. An aircraft sales services operator shall:

1. Prior to conducting any aircraft sales services in the city airpark, obtain a use permit from the city for aircraft sales, and lease or own sufficient land to accommodate the proposed operations and if displaying aircraft for sale at least five hundred (500) square feet of office space at the aircraft storage location, and obtain a commercial aeronautical activities permit from the city.

2. Display aircraft for sale only in direct access areas.

3. Maintain any required aircraft dealer's certificate from the state.

4. Maintain the types and minimum amounts of insurance required by section 8-8-4 of this chapter, for any of its activities which may be covered by such insurance.

5. Comply with all applicable federal aviation regulations and city zoning ordinances.

C. Aircraft Charter Services: An "aircraft charter services operator" means a person engaged in the business of providing air transportation of persons or property to the general public for hire, either on a charter basis or as defined by the FAR under part 135. Storage of aircraft primarily used to provide aircraft charter service and any loading of passengers may only occur in direct

access areas or self-staged remote areas. An aircraft charter services operator shall, prior to conducting any aircraft charter services in the airpark, obtain a commercial aeronautical activities permit from the airport and:

1. Lease or own sufficient land to accommodate the proposed operations, including at least five hundred (500) square feet of enclosed nonhangar gross floor area (office space) at the same location that is primarily used for the permitted charter service operations.

2. If operating helicopters, provide a paved helicopter landing/takeoff area meeting FAA standards located outside of the taxilane safety area and a helicopter parking apron located outside of the taxilane safety area.

3. Maintain and provide the city a copy of a current FAR part 135 certificate or provisional FAR part 135 certificate, as well as the aircraft identification page from the operating specifications, and a current listing of registration numbers of all aircraft used to provide charter service.

4. At all times maintain in effect the types and minimum amounts of insurance specified in section 8-8-4 of this chapter for any of its activities which may be covered by such insurance.

5. Comply with all applicable federal aviation regulations and city zoning ordinances.

D. Aircraft Management Services: An "aircraft management services operator" means a person performing one or more of the following services in the management of another person's aircraft based on the airport or in the airpark: pilot staffing, record management, and other aircraft related services not including services detailed in any other section contained herein. Aircraft management also encompasses the exercise of the privilege of FAR part 91.501 and the brokerage of aircraft through a FAR part 135 operator to the general public. Aircraft management does not include the control of or operation of aircraft under FAR part 135. An aircraft management services operator shall:

1. Prior to conducting any aircraft management services on another person's aircraft based on the airport or in the airpark, lease or own sufficient land to accommodate the proposed operations and obtain a commercial aeronautical activities permit from the city.

2. If conducting aircraft management under FAR part 91.150, occupy at least five hundred (500) square feet of enclosed nonhangar gross floor area at the same location.

3. At all times maintain in effect the types and minimum amounts of insurance specified in section 8-8-4 of this chapter, for any of its activities which may be covered by such insurance.

4. Comply with all applicable federal aviation regulations and city zoning ordinances.

E. Aircraft Manufacturing Services: An "aircraft manufacturing services operator" means a person engaged in the manufacture, fabrication, or assembly of aircraft or aircraft/aerospace parts, systems and components. An aircraft manufacturing services operator shall:

1. Prior to conducting any aircraft manufacturing services in the airpark, lease or own sufficient land to accommodate the proposed operations and obtain an aeronautical business permit from Ogden City.

2. At all times maintain in effect the types and minimum amounts of insurance specified in section 8-8-4 of this chapter, for any of its activities which may be covered by such insurance.

3. Comply with all applicable federal aviation regulations and city zoning ordinances.

(Ord. 2005-45, 7-19-2005)

8-8-7: AIRPORT ACCESS AGREEMENT:

No person engaged in aeronautical activities on the airpark may access the airport from any portion of the airpark, unless: a) a valid and current airport access agreement is entered into between the city and the owner of airpark property upon which the person conducts such activities; b) all access fees due and owing pursuant to the airport access agreement are current and paid in full, and the agreement is not otherwise in breach; c) the owner of the airpark property, and the owner's tenants, licensees, heirs and assigns are in compliance with all applicable requirements of the airport access agreement and this title; d) the person obtains and maintains a valid commercial aeronautical activities permit for any commercial aeronautical activity engaged in by the person that benefits from, relies upon, or utilizes airport/airpark access. An airport access agreement shall be subject to the following:

A. Access Fee: An airport access agreement shall require the airpark property owner to pay an airport access fee in an amount determined by the city. The access fee shall be no less than an amount which in the sole discretion of the city, upon consultation with the FAA, is determined to be sufficient to prevent economic discrimination to on airport aeronautical businesses and to make the airport as self-sustaining as possible under the circumstances.

1. The amount of the airport access fee may be tied to or be dependent upon one or more on airport fees, and thus may fluctuate in proportion to changes in airport fees.

2. If during the term of the airport access agreement, a new fee is imposed by city ordinance applicable to any commercial aeronautical activity upon the airport, the person who entered into the airport access agreement shall be required to pay the same fee for similar activities carried on upon airpark property, which shall constitute an additional airport access fee.

3. An airport access fee shall not be imposed for that portion of airpark property that is not developed in support of aeronautical activities, nor shall an airport access fee be imposed for undeveloped airpark property or airpark property developed for nonaeronautical uses, or for use as roadways, walkways, or green space. An airport access fee shall apply to any automobile parking used in support of aeronautical activities. 

B. Term: An airport access agreement shall have a fixed term not to exceed twenty (20) years, and shall be renewed for an additional ten (10) year renewal term unless either party to the agreement gives written notice prior to the end of term of its intent not to renew. However, the airport access fee amount provided for in the agreement, including any formula from which the airport access fee is derived, shall be subject to revision and amendment by the city every ten (10) years during the term of the agreement.

C. Restrictive Covenants: An airpark property owner entering into an airport access agreement may be required to record restrictive covenants against the title of the property imposing essential

elements and requirements for airport/airpark access consistent with the airport access agreement and this title to ensure that subsequent interest holders in the property, including tenants, are bound by and have record notice of the airport access agreement and the airport/airpark access requirements of this title.

D. Tenants: A tenant of an airpark property owner shall not be required to pay an additional airport access fee for airport/airpark access, provided the property owner has paid such airport access fee pursuant to an airport access agreement. Although an owner may contractually obligate a tenant to pay airport access fees due and owing on the owner's behalf, the owner shall remain primarily liable to the city for payment of all airport access fees.

E. Grant Assurances: An airport access agreement shall be subordinate and subject to any and all past and future grant assurances accepted by the city under the federal airport improvement program or similar grant program.

F. Assignment: An airport access agreement shall not be assigned without the prior written approval of the city.

G. Off Airpark Access: An airport access agreement shall not grant or permit airport access to off airpark property via the airpark. 

H. Mandatory Provisions: An airport access agreement shall be subject to and shall contain the following provisions, or similar substitute provisions approved by the city attorney:

1. The agreement shall be subordinate to the provisions of any existing or future agreement between the city and the United States, relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditures of federal funds for the development of the airport.

2. The airpark property owner shall protect, defend and hold the city and its officials, employees, agents and volunteers completely harmless from and against any and all liabilities, losses, suits, claims, judgments, fines or demands arising by reason of injury or death of any person or damage to any property, including all reasonable costs for investigation and defense thereof (including, but not limited to, attorney fees, court costs and expert fees), of any nature whatsoever arising out of or incident to this agreement and/or the use or occupancy of the owner's property or the acts or omissions of city's officers, agents, employees, contractors, subcontractors, licensees or invitees, regardless of where the injury, death or damage may occur, unless such injury, death or damage is caused by the sole negligence of the city. The city shall give the owner reasonable notice of any such claims or actions. The owner shall also use counsel reasonably acceptable to city in carrying out its obligations hereunder. The provisions of this subsection shall survive the expiration or early termination of this agreement. In carrying out any of the provisions herein, or in exercising any power or authority granted to owner, there shall be no liability upon any official of the city, its authorized assistants, consultants or employees, either personally or as officials of the city, it being understood that in such matters they act as agents and representatives of Ogden City Corporation. It is further understood and agreed that the city assumes no responsibility for any damages or losses that may occur to the owner's property, except the obligation that the city will not wilfully, intentionally or negligently damage the property of the owner.

3. The owner agrees to comply with provisions of this title, and as it may hereafter be amended, and with implementing administrative orders as they may hereafter be adopted or amended. The owner further agrees that more than three (3) violations of this title during any three (3) month period by owner or tenants, and their agents or employees; or any other pattern of violations that manifests reckless disregard for the health, safety and general welfare of the public and/or airport users shall be a material breach which may terminate the agreement at the option of the city. The city shall not exercise this option until it has notified the owner and given the owner a reasonable opportunity to retrain employees, notify tenants or otherwise demonstrate that owner and tenants, and their employees and agents can and will conform to this title. In addition to the above penalties, this agreement may be canceled by the city if the owner fails to pay, when due, the whole or any part of the amounts agreed upon for fees and charges and such default continues for thirty (30) days after the city has demanded payment in writing.

4. It is understood and agreed that the owner is an independent contractor and not an agent or employee of the city, and the city is an independent contractor and not an agent or employee of the owner with regard to its acts or omissions hereunder.

5. The city or a designated representative may enter the owner's facility or property on the airpark at reasonable times and for reasonable purposes without prior notice.

6. There is hereby reserved to the city, its successors and assigns, for the use and benefit of the public a right of flight for the passage of aircraft in the airspace above the surface of the owner's property subject to this agreement, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, not known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from or operating on the airport.

7. The owner expressly agrees for itself, its successors and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the owner's property subject to this agreement exceeding the obstacle identification surfaces as specified by FAR part 77. In the event the aforesaid covenant is breached, the city reserves the right to enter upon the land leased hereunder and to remove the offending structure or object and cut the offending tree, all of which shall be at the expense of the owner.

8. To the extent owner or its tenant operates any commercial aeronautical activities on airpark property, the owner agrees to operate the property for the use and benefit of the public and to furnish such activities and services on a fair, equal and not unjustly discriminatory basis to all users thereof, and to charge fair, reasonable and not unjustly discriminatory prices for each unit or service; provided, however, that the owner may be allowed to make reasonable and nondiscriminatory discounts, rebates or other similar types of price reductions to volume purchasers.

9. The owner, for himself, his heirs, personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that in the event facilities are constructed, maintained or otherwise operated on the said property described in this agreement for a purpose for which a department of transportation program or activity is extended, or for any other purpose involving the provision of a similar service or benefit, the owner shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to title 49, code of federal regulations, department of transportation, subtitle A, office of the secretary, part 21, nondiscrimination in federally assisted programs of the department of transportation - effectuation of title VI of the civil rights act of 1964 and any provisions of said regulations as may in the future be amended.

10. The owner, for himself, his personal representatives, successors in interest and assigns, as part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that no person on the grounds of sex, race, color, creed, national origin or disability shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities, that in the construction of any improvements on, over or under such land and the furnishings of services thereof, no person on the grounds of sex, race, color, creed, national origin or disability shall be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; that the owner shall use the premises in compliance with all other requirements imposed by, or pursuant to, title 49, code of federal regulations, department of transportation, subtitle A, office of the secretary, part 21, nondiscrimination in federally assisted programs of the department of transportation - effectuation of title VI of the civil rights act of 1964, and such provisions of said regulations as may in the future be amended.

11. That in the event of a breach of any of the nondiscrimination covenants pursuant to part 21 of the regulations of the office of the secretary of transportation, the city shall have the right to terminate this agreement.

12. It is clearly understood and agreed by the owner that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airpark from performing services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform.

13. It is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right.

14. The city reserves the right to further develop or improve the airport as it sees fit, regardless of the desires or views of the owner and without interference or hindrance from owner.

15. The city reserves the right, but without obligation to owner, to maintain and keep in repair the landing areas of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of owner in this regard.

16. During the time of war or national emergency, city shall have the right to lease the landing area of the airport or any part thereof to the United States government for military or naval use and if such lease is executed, the provisions of this instrument, insofar as they are inconsistent with the provisions of the lease to the government, shall be suspended.

17. The city reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent lessee from erecting, or permitting to be erected, any building or other structure on or adjacent to the airport or airpark which, in the opinion of the city, would limit the usefulness of the airport or constitute a hazard to aircraft.

18. The city reserves the right to temporarily close the airport or any of the facilities thereon for maintenance, improvement or for the safety of the public.

(Ord. 2005-45, 7-19-2005)