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HomeMy WebLinkAboutORD 7318 AMENDING TITLE I GENERAL GOVERNMENT CHAPTER 3, AVIATION COMMISSIONS ARTICLE 5 AIRPORTS AND AVIATION SECTION 1-3-43 ORDINANCE NO. Z� i R AN ORDINANCE AMENDING TITLE 1 GENERAL GOVERNMENT, CHAPTER 3, AVIATION COMMISSIONS, ARTICLE 5 AIRPORTS AND AVIATION, SECTION 1-3-43 OF THE AUGUSTA, GEORGIA CODE OF ORDINANCES TO ADOPT NEW RULES AND REGULATIONS FOR THE OPERATION OF AUGUSTA REGIONAL AIRPORT AT BUSH FIELD; TO PROVIDE AN EFFECTIVE DATE AND FOR OTHER PURPOSES. WHEREAS, the duly elected governing authority of Augusta, Georgia is authorized in Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, welfare and aesthetics of the citizens of Augusta, � Georgia; WHEREAS, in 1950, the governing authority established rules and regulations for the operation of the Augusta, Geargia Regional Airport, which have become obsolete; WHEREAS, the Augusta Aviation Commission and the Airport Executive Director have caused the staff of the Airport to draft new rules and regulations for the operation of the Augusta Regional Airport; and WHEREAS, the Board of Commissioners have deemed it to be in the best interest of the citizens of Augusta, Georgia to adopt the new rules and regulations implemented by the Augusta Aviation Commission and the Airport Executive Director for the operations of the Augusta Regional Airport. THE AUGUSTA, GEORGIA COMMISSION ordains as follows: SECTION I. That the rules and regulations for the operation of the Augusta Regional Airport at Bush Field, adopted July 1, 1950, and on file in the office of the Clerk of the Commission, referenced in Title 1 General Government, Chapter 3, Aviation Commissions, Article 5 Airports and Aviation, Section 1-3-43 of the Augusta, Georgia Code of Ordinances be deleted in its entirety and replaced with the rules and regulations as set forth in "Exhibit A" hereto. SECTION II. Said rules and regulations adopted herein shall be controlling in the operations of the Augusta Regional Airport at Bush Field and shall be adhered to by all users of the airport. SECTION III. The provisions of any ordinances or resolutions or parts of ordinances or resolutions in conflict herewith are repealed. SECTION IV. Should any section, subsection, clause or provision of this ordinance be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the Ordinance in whole or any part thereof other than the part so declared to be invalid. SECTION V. This Ordinance shall become effective upon its adoption. Adopted this 7 th day of Feb , 2012. _ �� � .� David S. Copenhaver _ As its Mayor �� ��.cxMONd�tie �`��� �+�• o �0 e , �,$ � � e e . •O � f� �`'�,. � � '� I .. � �� � ����� � � � � . ��, C c ''� N 4 �. c.- ,�� e ; ; � E � o � � �. a�: �� � d` �� 6 L�� Bo���P',�' ��lc � � ��� ���� :�'°�� Seal: "�` First Reading: 1 st reading January 17 , 2012 Second Reading: February 7, 2012 Published in the Augusta Chronicle 23, 2012 RULES GOVERNING USE OF THE AUGUSTA REGIONAL AIRPORT at BUSH FIELD i 2011 Airport Rules Governing Use (Policy Manual) Table of Contents 1. SCOPE ...............................................................................................................................................1 2. DEFINITIONS .....................................................................................................................................1 2.1. Aeronautical Activity .................................................................................................................1 2.2. Aircraft .......................................................................................................................................2 2.3. Aircraft Rented ..........................................................................................................................2 2.4. Aircraft Lease/Lease-back Agreement .......................................................................................2 2.5. Aircraft Leased ...........................................................................................................................2 2.6. Aircraft Sales ..............................................................................................................................3 2.7. Airfield Area ...............................................................................................................................3 2.8. Airport ........................................................................................................................................3 2.9. Airport Operations Area (AOA) ..................................................................................................3 2.10. Applicant ....................................................................................................................................3 2.11. Apron or Apron Area .................................................................................................................3 2.12. Aviation Board of Commissioners (Aviation Commission) ........................................................3 2.14. Augusta, Georgia .........` ..............................................................................................................3 2.15. Augusta Regional Airport at Bush Field .....................................................................................3 2.16. Commercial Operation ..............................................................................................................3 2.17. Control Tower ............................................................................................................................3 2.18. Executive Director .....................................................................................................................4 2.19. FAA .............................................................................................................................................4 2.20. FAR .............................................................................................................................................4 2.21. Fire Chief ....................................................................................................................................4 2.22. Fixed Base Operator (FBO) ........................................................................................................4 2.23. Fueling .......................................................................................................................................4 2.24. Ground Transportation Activity .................................................................................................4 2.25. Hazardous Material ...................................................................................................................4 2.26. Master Plan ................................................................................................................................4 2.27. Minimum Standards ..................................................................................................................4 2.28. Motor Vehicle ............................................................................................................................5 2.29. Movement Area .........................................................................................................................5 2.30. Operator ....................................................................................................................................5 i 2011 Airport Rules Governing Use (Policy Manual) 2.31. Owner ........................................................................................................................................5 2.32. Multiple Service Specialty Operator (MSSO) .............................................................................5 2.33. Permit ........................................................................................................................................ 5 2.34. Person ........................................................................................................................................ 5 2.35. Pioneer .......................................................................................................................................5 2.36. Rental Aircraft ............................................................................................................................5 2.37. Restricted Area .......................................................................................................................... 5 2.38. Risk Manager .............................................................................................................................5 2.39. Rules ..........................................................................................................................................6 2.40. Self-Fueling ................................................................................................................................6 2.43. Specialty Shop Operator (SSO) ..................................................................................................6 2.44. Terminal Building or Airport Terminal .......................................................................................7 2.45. Transportation Security Administration (TSA) ...........................................................................7 2.46. Waiver ........................................................................................................................................7 3. AUTHORITY .......................................................................................................................................7 4. RULES OF GENERAL APPLICABILITY ..................................................................................................8 5. RULES OF LIMITED APPLICABILITY ..................................................................................................12 5.1. Repair of Motor Vehicles and Aircraft .....................................................................................12 5.2. Use of Airfield Area/AOA .........................................................................................................12 5.3 Operation of Aircraft ...............................................................................................................13 5.4. Fueling Aircraft ........................................................................................................................14 6. PERMITS AND LEASES. GENERAL RULES .........................................................................................18 6.1. Permission for Activities at Airport Required ..........................................................................18 6.2. Relationship of Permit or Lease to Rules .................................................................................18 6.3. General Standards for all Permittees, Operators, and Lessees ...............................................18 7. MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES AT THE AUGUSTA REGIONALAIRPORT .................................................................................................................................24 7.1. Statement of Policy ..................................................................................................................24 7.2. Pre-Qualification Requirements ..............................................................................................25 7.3 Construction and Site Development Standards ......................................................................28 7.4 General Operational Requirements ........................................................................................30 7.5. General Lease Clauses .............................................................................................................32 7.6. Aircraft Sales Operators ...........................................................................................................33 7.7. Aircraft, Airframe, Engine, and Accessory Maintenance and Repair Services Operators .......34 7.8. Aircraft Lease and/or Rental Services Operators ....................................................................36 ii 2011 Airport Rules Governing Use (Policy Manual) 7.9. Flight Training Operators .........................................................................................................37 7.10. Special Aircraft Repair Services (Radios, Instruments, Propellers, Painting, Upholstery, Accessories, etc.) Operators .................................................................................................................38 7.11. Aircraft Charter and Air Taxi Services Operators .....................................................................40 7.12. Specialized Commercial Flying Services (SCFS) Operators ......................................................41 7.13. Aerial Applications (Crop Dusting) or Other Chemical Applications Operators ......................43 7.14. Multiple Specialty Services (MSS) Operators ..........................................................................44 7.15. Fixed Base Operators (FBOs) ...................................................................................................45 7.16 Flying Club Ownership Regulations and Operators .................................................................48 7.17. Corporate/Privately Owned Hangar Operator ........................................................................51 7.18. Waivers ....................................................................................................................................53 7.19. Pioneers ...................................................................................................................................53 8. GROUND TRANSPORTATION SERVICES ..........................................................................................54 9. REQUEST FOR PERMIT OR LEASE ...................................................................................................56 10. REVOCATION OF PERMIT OR LEASE ...............................................................................................58 11. PENALTIES ......................................................................................................................................59 iii 2011 Airport Rules Governing Use (Policy Manual) 1. SCOPE 1.1. COVCrage. These Rules govern all persons on Augusta Regional Airport (the Airport) and users of the Airport. Any direct or indirect permission given to a person to enter upon or use the Airport is conditioned, unless otherwise agreed, upon compliance with these Rules. 1.2. Relation to Other Laws. These Rules do not amend, modify or supersede any provision of federal, state or local law, ordinance, or of any contract between the Airport and an Airport user. Insofar as possible, these Rules shall be interpreted not to conflict with, but to supplement, federal, state or local law, ordinance, or any contract between the Airport and an Airport user. 1.3. Authot'lty. These Rules are adopted by, and can be amended, under the authority of the Augusta Aviation Commission. 1.4. Posting of Rules. These Rules shall be posted at the offices of the Executive Director. 1.5. Adoption of Rules Not a Grant of Right. The adoption of these Rules is not intended to and shall not be construed to grant any property right or expectation to any person. The Aviation Commission reserves the right to amend these Rules and to limit or deny any person's use of the Airport as may be in the public's interest or as required by any applicable federal, state ar local laws. 1.6. Rules to be Administered Fairly and Impartially. These Rules allow substantial discretion to the Executive Director in granting, denying, or revoking permits and leases. The Rules also require the Executive Director to grant, deny, or revoke permits or leases when such action will serve the public interest or upon the breach of the terms and conditions of any such permit, lease or these Rules. 1.7. Severability. These Rules are severable. If any part of these Rules is invalidated by a court or agency, or conflicts with any ordinances of Augusta, Georgia, that invalidation or conflict shall not affect the validiry of the remaining Rules. 2. DEFINITIONS. As used herein, the following words and phrases mean: 2.1. Aeronautical Activity. Any activity which involves, makes possible or is required for the operation of aircraft, or which contributes to or is required for aircraft, or which contributes to or is required for the safety of such operations. The following activities, commonly conducted on airports, are Aeronautical Activities within this definition: a) Aircraft sales and services; b) Airframe and powerplant repair services; c) Aircraft rentalservices d) Flight training services; e) Aircraft charter and air taxi services; fl Radio, instrument or propeller repair services; g) Aerial applications (crop dusting); 1 2011 Airport Rules Governing Use (Policy Manual) h) Aviation fuels and petroleum products sales; Except as defined herein, only Fixed Based Operators owned and operated by the Augusta Aviation Commission are permitted to sell and dispense aviation fuels and oil to the public. The Airport has reserved unto itself exclusive control of the storage, sale and dispensing of all oil and aviation gasoline, kerosene, jet fuel or any other fuels now available, or that may become available, on or about the Airport. In addition, no oil, aviation gasoline, automobile gasoline, kerosene, jet fuel, shall be stored or brought upon the Airport for use or resale by anyone other than the Airport. i) Sale of aircraft parts; j) Sale or rental of aircraft hangar, parking and tie -down space; k) Air carrier operations; 1) Air freight or cargo operations; m) Banner towing and aerial advertising; n) Ground servicing of air carrier aircraft; o) Aerial Photography or survey; p) Aircraft washing and cleaning services interior and exterior; and q) Any other activities which, because of their direct relationship to the operation or repair of aircraft, can appropriately be regarded as an Aeronautical Activity. 2.2. A1rCraft. Any contrivance used or designed for navigation or flight in the air. 2.3. A1rCraft Rented. A written agreement which grants exclusive use of the aircraft to the lessee for the purpose of ineeting requirements of Minimum Standards for Commercial Aeronautical Activities. 2.4. Aircraft Lease/Lease-back Agreement. A written agreement which grants exclusive use of the aircraft to the lessee for the purpose of ineeting requirements of Minimum Standards for Commercial Aeronautical Activities. 2.5. Aircraft Leased. Category L Aircraft leased in writing to a single lessee for a minimum of six (6) months, which aircraft may not be rented, re-leased, or used by the owner during the term of the lease. Such aircraft shall be for the exclusive use of, and under the exclusive control of, the lessee. Aircraft leased in this manner may be self-maintained and self-serviced by the lessee. Self -fueling aircraft dispensing activities shall be in accordance with the portion of these Minimum Standards which details the requirements for private corporation-owned hangar and aviation fuel dispensing facilities. Category II. Aircraft leased in writing to a single lessee for a minimum of six (6) months, which aircraft may be rented, re-leased or used by the owner during the term of the lease. Such aircraft are not for the exclusive use of the lessee, and may not be under the lessee's exclusive control. Aircraft leased in this manner shall not be self-maintained or self -serviced (including fueling) by the lessee, unless the lessee otherwise qualifies to render such services in accordance with these Minimum Standards. 2 2011 Airport Rules Governing Use (Policy Manual) 2. Aircraft Sales. An aircraft sales Operator engages in the sale of new and/or used aircraft through franchises or licensed dealerships or distributorships (either on a rental or wholesale basis) of an aircraft manufacturer; and provides such repair services, and parts as necessary to meet any guarantee or warranty on aircraft sold. 2.7. Airfield Area. The areas at the Airport for taxiing, landing, taking off, handling, servicing, loading and unloading aircraft, including clear zones, runways, taxiways, ramps, aprons, roadways, and all areas incident thereto. See Airport Operations Area. 2.8. Alrport. The land and facilities known as the Augusta Regional Airport, as shown on Exhibit A. 2.9. Alrport OperatlOns Area (AOA). Any area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. An air operations area includes such paved areas or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiways, or apron. See Airfield Area. 2.10. AppllCant. A person applying for a permit or lease to conduct operations at the Airport including any shareholder, partner, part owner, or manager of such a person. 2.1 l. Apt'on or Apron At'ea. Apron or Apron Area is the area adjacent to loading gates, hangars, jetways and similar structures that is used for loading and unloading persons and cargo to and from an aircraft. See Airport Operations Area. 2.12. Aviation Board of Commissioners (Aviation Commission). The Augusta Aviation Board of Commissioners sitting as the governing body of the Augusta Regional Airport. 2.13. Avlatlon Fuels. Except as defined herein, the Airport has reserved unto itself exclusive control of the storage, sale and dispensing of all oil and aviation gasoline, kerosene, jet fuel or any other fuels now available, or that may become available, on or about Augusta Regional Airport. In addition, except as defined herein, no oil, aviation gasoline, automobile gasoline, kerosene, jet fuel, shall be stored or brought upon the Airport for use or resale by any operator or its customers, guests or patrons, other than fuels and oils purchased from Airport for Operator's sole use. 2.14. Augusta, Georgia. Shall mean the governing authority of Augusta, Georgia. 2.15. Augusta Regional Airport at Bush Field (the Airport). Shall mean the land and facilities as shown on E�ibit A. 2.16. COmmePCla1 Operation. Operation or service performed for compensation, which is conducted on or based at the Airport, including, but not limited to, ground transportation activity. Commercial aeronautical activities are considered based at the Airport if such activity is conducted from the Airport and uses equipment hangared and/or tied down at the Airport on a regular basis. 2.17. Control Tower. Control tower is a tower at an ai�eld from which the air traffic control unit controls the movement of aircraft on and around the Airport by radio and observed physically and by radar. 3 2011 Airport Rules Governing Use (Policy Manual) 2.18. EXeCUtive D1reCtOr. The person appointed by or under the authority of the Augusta Aviation Commission to exercise the functions and authority described in Rule 3.1 and the City's Code of Ordinances, or the Executive Director's designee. 2.19. FAA. The Federal Aviation Administration of the United States, or its successor agency. 2.20. FAR. Federal Aviation Regulations. 2.21. Fire Chief. The chief of the Department of Aircraft Rescue & Firefighting, or the Fire Chief's designee. 2.22. Fixed Base Operator (FBO). A commercial business granted the right by the airport sponsor to operate on an airport and provide aeronautical services such as fueling, hangaring, tie- down and parking, aircraft rental, aircraft maintenance, flight instruction, etc. 2.23. Fueling. Fueling or defueling. 2.24. Ground Transportation Activity. The provision of transportation of persons or property on the Airport or based at the Airport to the general public, either as a courtesy to a patron by a hotel, a motel, off -Airport car rental agency or off -Airport parking lot operator, or for hire, including, but not limited to, the solicitation of passengers, the actual transporting of persons or property in a motor vehicle, the operation of a vehicle on the Airport which vehicle is available for carrying persons or property, and any other activity which directly or indirectly relates to the transportation of persons or property by means of ground transportation. "Ground Transportation Activity" does not include dropping off persons or property at the Airport by a private citizen. 2.25. Hazardous Material. Materials that, because of their quantity, concentration or physical, chemical or infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when improperly used, stored, disposed of, transported or otherwise handled. The term includes, and is not limited to, petroleum products and any hazardous or toxic substance regulated under the Resource Conservation and Recovery Act, the Comprehensive Environmental Response, Compensation and Liability Act, or any other of the state, federal, or local laws relating to the protection of human health or the environment. 2.26. Master Plan. The Airport's comprehensive study describing the short, medium and long term development plans to meet future aviation demands. 2.27. Minimum Standards. The minimum requirements which must be met as a condition of exercising the privilege of conducting aeronautical activity on the Airport. The airport sponsor of a federally obligated airport agrees to make available the opporlunity to engage in commercial aeronautical activities by persons, firms, or corporations that meet reasonable minimum standards established by the airport sponsor. The airport sponsor's purpose in imposing standards is to ensure a safe, efficient and adequate level of operation and services is offered to the public. Such standards must be reasonable and not unjustly discriminatory. In exchange for the opportunity to engage in a commercial aeronautical activity, an aeronautical service provider engaged in an aeronautical activity agrees to comply with the minimum standards developed by the airport sponsor. Compliance with the airpart's minimum standards should be made part of an aeronautical service provider's lease agreement with the airport sponsor. 4 2011 Airport Rules Governing Use (Policy Manual) All operators conducting aeronautical activities at the Airport are encouraged to exceed the minimums. The Minimum Standards are not all inclusive. Operators of commercial ventures based on the Airport must also comply with all applicable federal, state and local laws, ordinances, codes and other regulations, including Rules and regulations promulgated by the Airport. In cases of a conflict between these Minimum Standards and any other regulation, the most restrictive shall apply. 2.28. MOtor VehlCle. Any motorized device that carries persons or property and is self - propelled or designed for self -propulsion. 2.29. Movement Area. The runways, taxiways, and other areas of an airport which are used for taxiing or hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading ramps and aircraft parking areas (14 CFR 139.3). The runways, taxiways and other areas shown on the diagram attached to these Rules as Exhibit 1. 2.30. Opel'atOr. An operator is a person or persons, firm, company, joint venture, partnership or corporation engaging in any commercial and/or noncommercial aeronautical activity on the Airport. An Operator may also be classified as either a Fixed Base Operator (FBO) or a Specialty Shop Operator. 2.31. Owner. As used in connection with an aircraft, means a person who holds legal title to an aircraft. If the aircraft is the subject of a conditional sale or lease/option, or if the mortgagor of the aircraft is entitled to possession, then the conditional vendor, lessor, or mortgagor shall be deemed the owner for the purpose of these rules. 2.32. Multiple Service Specialty Operator (MSSO). A Multiple Service Specialty Operator engages in any two (2) or more of the aeronautical services for which Minimum Standards have been provided in Section 7. The sale of aviation fuels and lubricants, and aircraft line services, are not included in this category. These functions are reserved solely to Full Service Fixed Base Operators, as set forth in Section 7. 2.33. Permit. The legal authorization to conduct specific activity at the Airport; includes operating agreements. 2.34. Person. A person is any individual, firm, partnership, corporation, company, association, or body politic. 2.35. Pioneer. An innovator who is one of the first to do something and often opens up a new area of commercial aeronautical activities for others and achieves an innovation. 2.36. Rental Aircraft. Means aircraft leased orally, or to more than a single lessee, or for less than six (6) months. Aircraft leased in such a manner shall not be self -maintained or self -serviced (including fueling) by lessee, unless the lessee otherwise qualifies to render such services in accordance with these minimum standards. 2.37. RestriCted At'ea. Any areas of the Airport not open to the general public. The area open to the public includes the public roads and sidewalks, the terminal lobby, restrooms, and places for public gathering, waiting, and viewing. 2.38. Risk Managel'. Agency representative providing Airport's insurance and advising Airport on insurance matters. 5 2011 Airport Rules Governing Use (Policy Manual) 2.39. Rules. These Rules and any amendment thereto governing the use, activities and operation of the Airport. 2.40. Self-Fueling. Self-fueling means fueling of an aircraft using fuel obtained by the aircraft owner/pilot. Operator shall obtain fuel from the Airport except as defined herein. See Airport Standard Operating Procedure for Self-Fueling. NOTES. 1.) Except as defined herein, the Airport has reserved unto itself exclusive control of the storage, sale and dispensing of all oil and aviation gasoline, kerosene, jet fuel or any other fuels now available, or that may become available, on or about Augusta Regional Airport. 2.) In addition, except as defined herein, no oil, aviation gasoline, automobile gasoline, kerosene, jet fuel, shall be stored or brought upon the Airport for use or resale by any operator or its customers, guests or patrons, other than fuels and oils purchased from Airport for Operator's sole use. 2.41. Self-Set'v1Ce Fueling. Self-Service fueling means fueling of an aircraft by the aircraft owner/pilot using commercial fuel pumps installed for that purpose. 2.42. Specialized Commercial Flying Services Operator (SCFSO). A SCFSO engages in air transportation for hire for the purposes of providing the use of aircraft for one or more of the activities including, but not limited to those listed below: a) Non-stop sightseeing flights that begin and end at the Airport; b) Aerial photography or survey; c) Power line or pipeline patrol; d) Fire fighting or fire patrol; e) Air ambulance service; fl Airborne mineral exploration; g) Any other operations specifically excluded from Part 135 of the Federal Aviation Regulations. 2.43. Speclalty Shop Operator (SSO). An SSO operator providing one or more of the following aeronautical activities or services: a) Specialized Aircraft Repair or Support Services (including, but not limited to, repair of avionics instruments, propellers, engines and power plants, airframes, painting, exterior cleaning and waxing, interior cleaning, lavatory servicing, accessory maintenance, etc.) b) Specialized Commercial Aeronautical Services_(including, but not limited to, aircraft sales, aircraft rental, flight training, aircraft charter or air taxi service, sightseeing flights, aerial photography or survey, insurance, etc. 6 2011 Airport Rules Governing Use (Policy Manual) 2.44. Terminal Building or Airport Terminal. The terminal building as it now exists or as hereafter expanded or improved, including the sidewalks, road and parking areas near the terminal building. 2.45. Transportation Security Administration (TSA). The Transportation Security Administration (TSA) is an agency of the U.S. Deparhnent of Homeland Security responsible for the safety and security of the traveling public in the United States. 2.46. Walver. A waiver is the voluntary relinquishment or surrender of some known right or privilege. 3. AUTHORITY 3.1. Executive Director. The Executive Director is responsible for the operation of the Airport. Subject to direction by the Augusta Aviation Board of Commissioners, the Executive Director is empowered to: 3.1.1. Oversee all municipal and aeronautical operations at the Airport; 3.1.2. Take any action at the Airport necessary to protect and safeguard the public or necessary to protect public and private property; 3.13. Regulate traffic and parking at the Airport and install and remove traffic control devices; 3.1.4. Cause the removal from the Airport of any person who violates any of these Rules or an Executive Director directive, when that removal is necessary to ensure the safe or orderly operation of the Airport; 3.1.5. Deny any future use of the Airport, except for air travel, to any person who violates any of these Rules or an Executive Director directive; 3.1.6. Initiate a NOTAM (Notice to Airman) closing of the Airport or any part thereof through the FAA when unsafe conditions exist; 3.1.7. Issue, execute and administer all permits, licenses, and leases for the conducting of any activity at the Airport; 3.1.8. Limit the number of permits, licenses or leases for a particular activity at the Airport when such limitation is consistent with federal law; 3.1.9. Administer and enforce these Rules by issuing verbal and/or written directives (`Bxecutive Director Directive") and through any other authorized means; 3.1.10. Set all fees and charges imposed by the Airport for services, goods, use of municipal property, licenses, permits and applications for the foregoing arising from operation of the Airport; and 3.1.1 l. Perform any other duty that may be assigned by the Aviation Commission. 7 2011 Airport Rules Governing Use (Policy Manual) 4. RULES OF GENERAL APPLICABILITY 4.1. Compliance with Federal law. All aeronautical activity and commercial operations at the Airport shall comply with the regulations and directives of the FAA and any other federal agency with jurisdiction over airports, and with the directives of any airport control tower. 4.2. Permit Required. No person shall conduct commercial operations or engage in aeronautical activity at the Airport, use the Airport as a base for the conduct of business, or otherwise provide services or goods to travelers, customers, a permittee or an Operator at the Airport, without first obtaining a written permit or lease from the Executive Director. The duty to obtain a permit for supplying services or goods to a single permittee or Operator may be waived by the Executive Director if the extent of the activity is not substantial. Any such permit shall be issued and revoked under the procedures set out in Rules 9 and 10. 4.3. Operation of Motor Vehicles. The operation of all motor vehicles at the Airport shall comply with: 4.3.1. State laws regarding motor vehicle operation, including the Georgia Vehicle Code; 4.3.2. City/county ordinances regarding motor vehicle operations; 4.3.3. Orders, signals, and directives of the Executive Director or Marshal; 4.3.4. Traffic control devices; and 4.3.5. The following restrictions: 4.3.5.1. All motor vehicles except emergency vehicles responding to an alarm shall yield the right -of -way to an aircraft in motion; 4.3.5.2. No motor vehicle used for hauling trash, dirt, or any other wastes shall be operated unless the vehicle is consh so as to prevent the contents from dropping, leaking or otherwise escaping. 4.4. Parking. All motor vehicles shall be parked in compliance with state or, local law, and restrictions posted on authorized signs, and the following: 4.4.1. No person shall park a motor vehicle in a paid parking area without paying the charges, or park in excess of the prescribed time limit for a particular parking area. 4.4.2. No person shall park a motor vehicle other than in areas established for parking or in a manner that obstructs or interferes with vehicular traffic. 4.5. Removal of Vehicles. The Executive Director may remove from any area of the Airport any vehicle which is disabled, abandoned, or parked in violation of these rules, at the operator's expense and without liability for damage which may result from the removal. Any towing of vehicles shall conform to the applicable sections of the City's ordinances relating to towing. 4.6. Restricted Areas. No person shall use any part of the Airport in a manner contrary to posted official directives applicable to that area. No person shall enter a restricted area or the airfield area without permission of the Executive Director, except persons lawfully assigned to duty there, or passengers or crews entering for purposes of embarkation or debarkation. 8 2011 Airport Rules Governing Use (Policy Manual) 4.7. Animals. No person shall enter the ai�eld area or the terminal building with a dog or other animal unless it is an on-duty dog trained to assist handicapped persons, an animal which is leashed or properly confined and is to be transported by air, or a dog owned and being used by a law enforcement agency. 4.8. Offensive Conduct. No person shall commit at the Airport any act made unlawful by applicable federal, state or local law. 4.9. SanitaHon. No person shall dispose of refuse or waste materials on the Airport except in receptacles provided for that purpose. No person shall bring refuse or waste material to the Airport for purposes of disposal at the Airport, except with written permission of the Executive Director. 4.10. Firearms and Explosives. No person, except for duly appointed peace officers, members of the United States armed forces while on duty, persons licensed under State law to carry a concealed weapon, or corrections officers, shall carry any firearms or explosives in the Airport terminal or airfield area without the written permission of the Executive Director, or as expressly permitted by state or federal law. 4.11. Picketing Demonstrations, Solicitations and Handbills 4.11.1. General Policies. The exercise of constitutional rights of expression and communication in public areas of the Airport shall not be restricted or infringed because of the content of the communication or identity of the speakers. No prior restraint of speech is permissible. It is necessary, however, to generally regulate speech activity on Airport property and articulate standards on permissible conduct in advance in order to deal with overcrowding of the Terminal. At all times when a restriction is imposed, the least restrictive alternative shall be required. 4.112. Prohibited Conduct. Any person may engage in speech-related activities on public areas of Airport property so long as the following restrictions are obeyed: 4.11.2.1. No violation of federal, state or municipal criminal laws; 4.11.2.2. No intentional touching or making physical contact with another person unless that person consents to such physical contact; 4.11.2.3. No use of voice or sound amplification equipment; 4.11.2.4. No use of placards, banners or signs made of wood, metal, or other hard substances within the Airport terminal or on the sidewalk immediately adjacent thereto; 4.11.2.5. No use of a table, counter, or stand within the Terminal building or on the sidewalk immediately adjacent thereto without written authorization of the Executive Director; and 4.11.2.6. No impeding of pedestrian or vehicle access to any Airport facility. 4.11.3. Authorization of Executive Director. The Executive Director may request that persons engaging in speech activity within the Terminal building or on the sidewalks adjacent thereto confine themselves to designated areas if the unrestricted presence of such persons causes serious public inconvenience upon the operation of the Airport. Such determination may be made after allowing the activity and upon making a finding that the activity's continuance causes blockage of ticket lines, baggage handling, car rental or other commercial activities, or aircraft, automobile, limousine or bus boarding or unloading, or results in inability to transact business at the Airport. If such designated areas are already occupied by other persons exercising constitutional speech rights, the persons engaging in the interfering 9 2011 Airport Rules Governing Use (Policy Manual) activity shall be requested to conduct such activities outside of the Terminal building or adjacent sidewalks. Priority of use of the designated areas for speech-related activities shall be given to the persons or group first requesting permission for such use in writing. 4.11.4. Limitations on Use of Sidewalk Area. No group of persons who are exercising free speech rights shall occupy more than one of the three sidewalk areas adjacent to the front entrances to the Terminal building entrances. 4.11.5. Removal from Airport Property. Persons or organizations engaging in the free speech activities shall be subject to arrest for trespass in the event they continue to violate these rules after the Executive Director gives notice to cease and desist to any person engaging in the activity. Failure of the person receiving the notice to communicate the notice to other persons in that group shall not be a basis to set aside the notice. 4.11.6. Advance Notification. Advance notification to the Executive Director of intent to picket, demonstrate, solicit, or distribute printed material at the Airport is encouraged but not required. Interested groups may wish to give advance notice where possible so that any possible interference with Airport activities can be resolved in advance. 4.12. Interference with Operation of Aircraft. No person shall interfere with the operation of aircraft, or start the engine of an aircraft without the consent of the aircraft's operator. 4.13. Lost Articles. Lost or mislaid articles shall be turned in to the Executive Director's office by the finders. Such property shall be disposed of as provided by State law. 4.14. Use of Hazardous Materials and Environmental Law Compliance 4.14.1. Hazardous materials shall not be stored in hangars except in hazardous materials storage lockers approved by the Airport Fire Chief. 4.14.2. All persons shall comply with Federal, State, City and Airport laws relating to the protection of human health and the environment, including laws and regulations pertaining to the use, storage, and transportation of hazardous materials. 414.3. All persons shall exercise extreme care in handling hazardous materials. Each person using hazardous materials shall undertake any and all preventative, investigatory or remedial action, which is required by law or by order of a governmental agency with jurisdiction under the law or which is necessary to prevent or minimize property damage or personal injury by release or exposure to hazardous materials. In the event a person fails to perform any of these obligations the Airport may, but is not required to, perform these obligations at the person's expense. 4.14.4. No person, without the permission of the Executive Director, shall place any solid, or pour any liquid other than water, down floor drains, manholes, or other sewer connections. Each person shall comply with industrial pretreatment provisions. 4.15. Fire Regulations 4.15.1. Open Flame Operations. Open flames, flame producing devices or other sources of ignition shall not be permitted in any hangar, except as approved by the Fire Chief and Executive Director. 10 2011 Airport Rules Governing Use (Policy Manual) 4.15.2. Combustible Storage. No person shall store combustible materials or other hazardous materials in any aircraft hangar, except in locations and containers approved by the Fire Chief and Executive Director. 4.15.3. Care of Waste. All combustible rubbish, oily rags, waste material, or mechanic's work clothing, when kept within or adjacent to a building, shall be securely stored in metal or metal lined receptacles equipped with tight fitting covers or in rooms or vaults constructed of non-combustible materials. 4.15.4. Floor Care. The floors of hangars and adjacent areas shall be kept free of all oil, grease, flammable or combustible liquids, and other flammable materials. 4.15.5. Cleaning with Flammable Liquids. Class I liquids and Class II liquids with a flashpoint below 110 degrees Fahrenheit shall not be used within a building for washing parts or removing grease or dirt unless they are used in a closed machine approved for such purpose or in a separate well-ventilated room constructed in accordance with Section 79.804 of the Uniform Fire Code. 4.15.6. Spray Painting and Doping. All spraying or doping operations performed inside a building shall be conducted inside an approved spray booth, spraying area, or room approved for such uses. 4.15.7. Fire Extinguishers. All hangars and repair areas shall have at least one currently tested 2AlOBC -fire extinguisher in a visible location for each 300 -square feet or less. Every towing vehicle, welding apparatus, aircraft refueler, and fueling station will have a minimum of one currently tested 3A40BC extinguisher at all times. Use of any fire extinguisher equipment under any circumstances shall be reported to the Fire Chief immediately after use. 4.15.8. Storage of Flammable Liquids. No person shall store flammable or combustible liquids in any hangar or work area unless it is stored in a properly labeled and approved flammable liquid storage cabinet. No dispensing of flammable liquids shall occur except in an approved container less than 5 gallons. Storage cabinets may contain a maximum of 50 gallons capacity of flammable liquids. Storage cabinets shall conform to the following requirements or their equivalent in fire resistance: Bottom, top, and side of the cabinet shall be made of steel having a minimum thickness of 0.043 inch. The cabinet, including the door, shall be doubled wall with a 1'/z inch air space between the walls. Joints shall be riveted or welded and be tight fitting. Doors shall be well -fitted, self -closing and equipped with a latching device. The bottom of the cabinet shall be liquid tight to a height of a minimum of 2 inches. Cabinets shall be conspicuously labeled in RED Letters "Flammable. Keep Fire Away" "No Smoking within 50 Feet". 4.15.9. Welding or Burning. Welding or burning shall occur only in a booth, room, or area designated for such use. 4.16. Smoking. No person shall smoke or carry lighted cigarettes, cigars, or pipes or any flame in or about any: Airport vehicle, within the AOA, within 25 feet of and Airport building, fuel storage area, stationary refueling vehicle, public landing area, public aircraft parking and storage area, or any other area where smoking is prohibited by sign. 4.17. Vending Machines and News Racks. Vending machines and news racks may be located only in areas designated by the Executive Director. In determining where to designate vending machine or news rack areas, the Executive Director shall consider whether vending machine or news rack placement would interfere with pedestrian movement, compete with another permitted activity, foster political speech, and any other factor the Executive Director deems relevant. The Executive Director may grant an exclusive concession to operate news racks. The operation of any vending machine or news rack that 11 2011 Airport Rules Governing Use (Policy Manual) requires money to operate it is a commercial activity and requires a permit under these Rules. The Executive Director may order removal of noncommercial vending machines or news racks if the operation of these machines creates excessive litter or creates a hazard to Airport users. 5. RULES OF LIMITED APPLICABILITY 5.1. Repair of Motor Vehicles and Alrcraft. No person shall repair motor vehicles or aircraft at the Airport in areas not approved by the Executive Director, except for minor repairs necessary to remove the motor vehicle or aircraft from the Airport. 5.2. Use of Airfield Area/AOA 5.2.1. Motor Vehicle/Pedestrian 5.2.1.1. No unauthorized motor vehicles shall be operated in the ai�eld area/AOA. 5.2.1.2. Vehicle or pedestrian operations in the AOA shall receive approval from the Airport, after successfully completing required training. 5.2.1.3. Vehicles and vehicle operators who are not authorized to enter the AOA, vehicles that are not properly equipped, or vehicle operators who are not properly trained will be escorted by an Airport representative when operating within the AOA. 5.2.2. Vehicle Requirements. Vehicles operating in the AOA shall: 5.2.2.1. Have a flashing yellow light or appropriate signal flags displayed at all times. 5.2.2.2. Have an identification sign on each side of the vehicle front door identifying vehicle operator. 5.2.2.3. Have insurance as required by Airport. 5.2.3. Vehicle Operator Requirements. Vehicle operators in the AOA shall: 5.2.3.1. Operate at a reasonable speed not exceed 10 mph or 5 mph around aircraft. 52.32. Successfully complete Airport training. 5.2.4. Operations in Movement Areas. In addition to vehicle and operator requirements in the AOA, vehicle and operators in movement areas shall: 5.2.4.1. Successfully complete Airport training. 5.2.4.2 Have an operating radio with appropriate air to ground frequencies (ground controU local control) 5.2.4.3. Be conversant with, and follow, lights and signals from the Control Tower. 12 2011 Airport Rules Governing Use (Policy Manual) _ __ 5.2.4.4. Unless permission is obtained from Airport, agricultural equipment shall not operate closer than 175 feet from the edge of any runway or 75 feet from the edge of any Taxiway, or in any area where such operations would be inconsistent with requirements of FAR Part 139 or Part 77. 5.2.5. Exhaust Protection. No person shall operate a motor vehicle or any engine in any hangar or on any ramp or apron without exhaust screens or baffles to prevent the escape of sparks or flame as required by NFPA 407. 5.2.6. Limitations of Entry to Airfield Area/Security. Operators shall keep all doors and gates providing access to any part of the airfield closed and locked at all times, except when in use. Spectators will not be permitted on any of the aprons or ramps without approval from the Executive Director. All operators shall conform to 49 CFR Part 1542 and with applicable portions of the Airport Security Program. Operators are responsible for the security of their leased areas and for access through their leased doors and gates. 5.2.7. Parking of Motor Vehicles on Aprons. Unless authorized by the Airport Executive Director, no motor vehicle shall be parked on an apron. 5.3 Operation of Aircraft 5.3.1. Careless, Negligent or Reckless Operation of Aircraft. No aircraft shall be operated on the surface of any part of the Airport in violation of any FAA or TSA regulations; in a careless or negligent manner; while the person controlling the operation of the aircraft is under the influence of intoxicating liquor, or any drug affecting the senses; or, if the aircraft is constructed, equipped or loaded in a manner which endangers or may endanger persons or property. 53.2. Compliance with Official Orders, Signals and Directions. The person in control of any aircraft must comply with any order, signal or direction of the Control Tower or the Executive Director, and applicable lights, signs, signals and pavement markings. 5.3.3. Permission Required for Certain Activities. No person, without prior written permission of the Executive Director, shall at the Airport: 5.3.3.1. Land or take off a motorless aircraft; 5.3.3.2. Engage in special aviation events or demonstrations; or 5.3.3.3. Land, taxi, or take off an aircraft having an actual gross weight over that indicated for the Airport in the FAA's Airport Facility Directory. 5.3.4. Qualifications for Operation of Aircraft. No person shall start or run an aircraft engine or land, take off or taxi an aircraft unless the person is a pilot certified to operate that particular type of aircraft, a mechanic certified to engage in that particular activity, or is accompanied by a certified flight instructor. 5.3.5. Taxiing of Aircraft 5.3.5.1. Operators shall maintain full control of any aircraft that is taxiing, being towed or moved at the Airport. Operators shall move an aircraft at a reasonable speed, and shall be in contact with Airport ground control or Unicom while in a movement area. 5.3.5.2. Aircraft shall use taxiways and paved areas when taxiing. 53.5.3. No aircraft shall move into or out of any hangar under its own power. 13 2011 Airport Rules Governing Use (Policy Manual) 5.3.5.4. Position or navigation lights shall be used for all aircraft being taxied, towed or moved between sunset and sunrise. 5.3.6. Aircraft Parking 5.3.6.1. Except for permitted transient parking or standing, no person shall park or leave standing an aircraft at the Airport other than inside a hangar, unless it is firmly chocked or tied to the ground. The main landing wheels of parked aircraft shall be chocked with wheel blocks or other approved devices, unless the aircraft is equipped with adequate locking brakes and they are engaged. Normally FBO asks pilot to leave aircraft brakes off so aircraft can be towed if required. 5.3.6.2. Every aircraft parked or left standing in an area of the Airport other than one designated for aircraft parking or hangaring purposes shall have its running lights on between sunset and sunrise. 5.3.6.3. Upon direction from the Executive Director, the owner or operator of any aircraft shall move the aircraft from the place where it is parked or stored to a designated place; if the direction is not obeyed, the Executive Director may tow said aircraft to the designated place at the owner or operator's expense, without liability for damage which may result in the course of such moving. 5.3.6.4. All persons leasing space for aircraft storage, parking or tie-down shall furnish a list of such aircraft to the Executive Director on request and shall notify the Executive Director of any change to that list. 5.3.7. Disabled Aircraft. Aircraft owners, pilots or their agents shall be responsible for the prompt disposal of disabled aircraft and parts, unless required to delay that action pending an investigation of an accident. If any person abandons or otherwise neglects or refuses to move an aircraft, or any parts thereof, when directed by the Executive Director, the aircraft or parts may be removed by the Executive Director at the owner or operator's expense, and without liability for damage which may result in the course of such removal. 5.3.8. Accident Reports. Persons involved in aircraft accidents occurring on the Airport shall file an accident report with the Executive Director as soon as possible. The report shall include names, addresses, aircraft identification, and all pertinent information relating to the accident. This does not eliminate any obligation a person may have to report accidents or incidents to any other agency having oversight into the incident such as the FAA or NTSB. 5.4. Fueling Aircraft 5.4.1. General Prohibitions. During the fueling of an aircraft a person shall: 5.4.1.1. Not smoke within the AOA or on any apron or near an aircraft. Smoking is not allowed anywhere within the AOA fenced area. 5.4.1.2. Exercise care to prevent the overflow of fuel; 5.4.1.3. Not use any material, which is likely to cause a spark or be a source of ignition; 5.4.1.4. Ensure that adequate fire extinguishers are within easy reach; 5.4.1.5. Conduct such activities on hard surface areas only, unless specifically authorized by the Airport; 14 2011 Airport Rules Governing Use (Policy Manual) 5.4.1.6. Not engage in fueling: a) When an aircraft engine is running; b) When an aircraft is being warmed up by application of exterior heat c) Inside a hangar or an enclosed area; d) While an aircraft radio transmitter or receiver is being operated, or other electrical applications are switched on or off; e) When there are people aboard the aircraft unless the aircraft door is open, there is an attendant at the door, and a passenger loading stand is at the cabin door; or � From drums, small containers, or similar items unless Airport Executive Director has approved such operation in writing. 5.4.2. Particular RestricNons 5.4.2.1. Fuel storage and servicing equipment, including fuel servicing vehicles, fueling pumps, and meters, hoses, nozzles, fire extinguishers and grounding devices shall be UL approved where applicable, shall comply with federal and state laws and/or regulations, and shall be kept in first class non-leaking condition at all times. 5.4.2.2. A fuel servicing vehicle, including tank trucks and tank semi -trailers, when servicing an aircraft, must be positioned: 5.4.2.2.1. So as to not interfere with the discharge of persons from the aircraft during an emergency; and 5.4.2.2.2. So that it can be readily driven forward to an open area during an emergency. 5.4.2.3. Fuel servicing vehicles will proceed slowly with caution on the apron. 5.4.2.4. A fueling operations attendant shall be fully trained and competent to operate the emergency pump controls. 5.4.2.5. During fueling an aircraft, the fuel dispensing equipment shall be bonded to the aircraft to prevent the possibility of static ignition of volatile liquids. 5.4.2.6. Filler nozzles must be of a dead-man normally closed type and will be equipped with approved bonding connectors which shall be positively engaged with bonding attachments on the aircraft. All bonding and grounding connections shall be made prior to any fuel transfer and shall not be disconnected until transfer operations are completed. 5.4.2.7. Tanks shall have a valve mechanism such that water or other contaminants can be drained from the lowest portion of the tank. 5.42.8. An in -line filtration system utilizing a 5 micron or less fuel filter element shall be included in any fuel dispensing system. 15 2011 Airport Rules Governing Use (Policy Manual) 5.4.2.9. When a malfunction of the fueling equipment is detected, all fueling operations shall cease immediately and the malfunction shall be brought to the immediate attention of the aircraft owner or operator. 5.42.10. Persons engaged in the fueling of aircraft shall exercise extreme caution to prevent spills. When a spill occurs, servicing will cease and spills will be removed or absorbed with suitable material following procedures in Airport Spill Prevention Control and Countermeasures (SPCC) Plan. . 5.4.2.11. During fuel handling operations in connection with any aircraft, no less than two each CO2 or approved dry chemical fire extinguishers of 10 pounds or larger shall be immediately available for use. 5.42.12. No person shall perform or allow performance of any fueling activity when lightning is observed within 5 NM of the airport. 5.4.2.13. No person shall use any material or equipment during fueling operations which is likely to cause a spark or ignition. 5.4.2.14. All hoses, funnels, and appurtenances used in fueling operations shall be equipped with a bonding device to prevent ignition of volatile liquids. Furthermore, funnels shall be metal and have a capacity of not less than 2 gallons to reduce the risk of spillage. 5.4.2.15. No airborne radar equipment shall be operated or ground tested on any area wherein the directional beam of high intensity radar is within 300 feet, or low intensity radar (less than 500 kW output) is within 100 feet of another operation or aircraft refueling truck. 5.4.2.16. During fueling, fuel-handling devices shall be placed so as to be readily removed in the event of fire. 5.4.2.17. Fuel shall not be transferred from a vehicle fuel system to an aircraft fuel tank or intermediary tank for the purpose of fueling aircraft. 5.4.2.18. Fuel servicing vehicles shall be maintained and operated in accordance with Environmental Protection Agency (EPA) Federal, State and local codes covering fuel dispensing on airports and NFPA Standard 407, latest edition, (Aircraft Fuel Servicing), or as hereafter amended. The applicable sections of FAA Advisory Circular 150/5230-4 (and any applicable revisions) shall also be followed. 5.4.2.19. Each fuel servicing vehicle shall be conspicuously marked in letters of contrasting color with the word "flammable" on both sides and rear of the cargo tank in letters of at least 6 inches high, and with the wording "emergency shut off' and other appropriate operating instructions required at the emergency operating devices in letters at least 2 inches high. Each fuel-servicing vehicle will also be conspicuously marked on both sides and rear with the type and grade of fuel it contains in appropriate color schemes. 5.4.2.20. Unless allowed by a permit ar lease, fuel-servicing vehicles shall not be stored or parked at the Airport. A person, firm, or corporation may park or position a fuel -servicing vehicle on the Airport premises only when actually dispensing fuel. Except for operators engaged in fueling, oil sales and transient aircraft services under Section 7.1 of these Rules, permission to park fuel servicing vehicles shall be granted by a permit or lease only in extraordinary circumstances and for a limited period of time. 16 2011 Airport Rules Governing Use (Policy Manual) 5.4.2.21. Fuel -servicing shall use only the entrance, exit, and route designated by the Executive Director while at the Airport. 5.4.2.22. A fuel servicing vehicle cargo tank shall be supported by and attached to, or be a part of, the vehicle upon which it is carried. 5.4.2.23. Enough persons shall be employed during fueling operations to safely operate the fuel storage and dispensing systems and perform periodic checks and inspections essential to their proper functioning. 5.4.2.24. Fuel will not transferred from one fuel-servicing vehicle to another within 100 feet of any building, open flame, sparking device, source of ignition, or group of people. 5.4.3. Bulk Plants 5.4.3.1. Under no circumstances will a tank motor vehicle be left unattended at a bulk plant during the loading or unloading process. Loading and unloading shall not be considered complete until the delivery hose is detached from vehicle and tanks. 5.4.3.2. Every tank motor vehicle must have the fuel truck and associated equipment bonded before loading and unloading. 5.4.3.3. Persons or companies using any bulk plant are responsible for keeping the yards and the area 3 feet outside the yard fences free of weeds, trash and other debris. 5.4.3.4. Tanks at bulk plants shall not be filled to the point where they will overflow from heat expansion. Tanks must be equipped with an overflow warning device or other system designed to prevent overflow. . 5.4.3.5. All loading platforms and fill nozzles will be equipped with proper bonding devices and flexible cables. 5.4.3.6. Strict controls to detect fuel leakage or losses shall be used. Records of such controls shall be available for inspection by the Executive Director. 5.4.3.7. All bulk storage fuel tanks will be above ground and incorporate an overflow/spill safety system, i.e., containment, dike, double walls, etc. 5.4.4. Starting of Engines Near Fuel Spill Prohibited. No person shall start the engine or engines of any aircraft at the Airport when there is gasoline or any type of fuel on the ground under the aircraft. In the event gasoline or any fuel spills, no person shall start an aircraft engine in the area of the spillage until the spill has been cleaned up in accordance with the Airport SPCC Plan. 5.4.5. Liability for Improper Fueling. The Airport assumes no liability for improper fueling or use of wrong fuel for an aircraft by any fuel provider at the Airport. 5.4.6. Self-fueling. 5.4.6.1. See Airport Standard Operating Procedure for Self-Fueling. 5.4.6.2. No person shall transfer fuel into an aircraft unless the person has first obtained a written self-fueling permit from the Airport Executive Director. A self-fueling permit authorizes the permittee to transfer fuel only into an aircraft owned by or leased exclusively to the 1� 2011 Airport Rules Governing Use (Policy Manual) permittee. The Airport will not recognize an organization formed by several aircraft owners for the purpose of self-fueling as a single aircraft owner or exclusive Operator for purposes of these Rules. 5.4.6.3. No person shall transfer fuel into an aircraft not owned by or leased exclusively to that person, nor shall any person sell fuel to any other airport user. 5.4.6.4. An application for a self-fueling permit shall be made to the Airport Operations Department. 5.4.6.5. A self-fueling permit is not assignable and not transferrable. Unless it is revoked by the Airport, a self-fueling permit shall remain effective unless otherwise stated, until the termination or expiration of the land lease. 6. PERMITS AND LEASES. GENERAL RULES 6.1. Permission for Activities at Airport Required. No person shall conduct commercial operations or engage in aeronautical activity at the Airport, use the Airport as a base for the conduct of business, or otherwise provide services or goods to travelers, customers, as a permittee, lessee or a Operator at the Airport, without obtaining a permit or lease from the Executive Director in the manner provided for under these rules. The duty to obtain a permit for supplying services or goods to a single permittee or Operator may be waived by the Executive Director if the extent of the activity is not substantial. 6.2. Relationship of Permit or Lease to Rules. Unless otherwise agreed, all permits and leases shall be subject to compliance with the requirements of these Rules, FAA regulations, the rules regarding issuance and revocation of leases and permits, and the Airport Master Plan and Airport Layout Plan. The Executive Director may waive in writing all or any portion of the general or minimum standards set forth below when the Executive Director deems such waiver to be in the best interest of the Airport's operation. The length of the waiver period shall be specified in a written agreement. 6.3. General Standards for all Permittees, Operators, and Lessees. All permits and leases shall be subject to the following: 6.3.1. Required Licenses and Permits. The operator, aircraft pilot, and all personnel and employees shall be competent and shall hold all current valid certificates, permits, licenses or other authorizations required by the FAA and State law. Such permits or certificates shall be presented to the Executive Director upon request. 6.3.2. Permit or Lease Not Transferable. No permit or lease shall be conveyed or transferred without the prior written consent of the Aviation Commission, which consent shall not be unreasonably withheld. Any sublease or transferee must meet all the requirements of the permit or lease, and these Rules. 6.3.3. Construction of Improvements. No structure or improvements at the Airport shall be constructed, altered or removed without the prior written approval of the Executive Director. The Aviation Commission may require a performance bond to guarantee the satisfactory completion of any construction. The plans for any building constructed at the Airport shall be approved by the Aviation Commission, and shall comply with state and local laws, ordinances, codes and regulations pertaining to their construction. 18 2011 Airport Rules Governing Use (Policy Manual) 6.3.4. Limit to Assigned Area. An operator shall carry on operations strictly within the area assigned by the Executive Director, and the operations shall not interfere with the lawful activities of other persons using the Airport. The operator shall not use any common use areas except as authorized by these rules or the Executive Director. 6.3.5. Required Space and Staffing. Unless otherwise agreed, all operations shall be conducted on an area of sufficient size to accommodate all services for which the operator is licensed, allowing for future growth. The Aviation Commission shall set the location and minimum size of leased areas of operations, consistent with these Rules and the Airport Master Plan. Except when offering T- Hangars or inside hangar aircraft storage only, each operator shall provide and maintain a staffed business office open to the public during the normal business day and other facilities required by these rules and the operator's permit or lease. Only one office shall be required of each operator, without regard to the number of operations conducted at the Airport. No operator shall use the office, area, or other facilities of any other operator without the consent of that operator. 6.3.6. Right of Entry. The Executive Director or his designees shall have the right to inspect at reasonable times all the Airport premises, together with all structures or improvements, all aircraft and equipment, and all licenses and registrations. 63.7. Records. An operator shall keep accurate records and books of accounts on the operation of his facility. These records and books shall be subject to examination by the Executive Director during normal business hours upon reasonable advance notice. 6.3.8. Payment of Fees and Charges. An operator shall pay promptly when due all utility charges incurred at the leased premises, charges made by the suppliers, any fees or rents imposed by the Airport and any tatces and assessments levied against any property constructed, used, or leased at the Airport. The operator agrees to hold the City and its elected or appointed officials harmless from all liens that may be placed against the facilities on the leased premises. 6.3.9. Repair and Maintenance. The overall condition of all spaces shall be appropriate for their intended purpose, subject to the approval of the Executive Director. An operator shall keep the leased area facilities and structures in an acceptable state of repair and maintained in a clean, sanitary, and orderly condition at all times. All leased property shall be free from fire hazards as may be determined by the Executive Director or the Fire Chief. The Airport may make repairs to any leased area when the operator is obliged to make the repairs and has failed, after due notice, to do so, or in any other case where the Airport, in its reasonable judgment, determines that repairs are necessary to correct any condition likely to cause injury or damage to persons or property. In either event, the operator shall reimburse the Airport for the reasonable costs of these repairs promptly upon demand. 6.3.10. Parking. Each commercial operator operating a fixed place of business at the Airport shall provide off-street, paved surface parking for full-time employees, company vehicles, and customers in the amount specified by the Augusta, Georgia Code for such operations, or the amount specified by the Rules, whichever is greater. In any event, not less than five spaces shall be provided. Such parking shall be provided at locations designated by the Airport. 6.3.11. Stormwater Pollution Control Plan. Each operator, their agents and employees, shall observe and comply with all applicable rules, regulations, orders and restrictions with respect to the Airport's National Pollutant Discharge Elimination System Permit and the Stormwater Pollution Control Plan (SWPCP), including any assessments for the cost thereof. 6.3.12. Environmental Requirements. Each operator, their agents and employees, shall comply with all applicable City, State, and Federal environmental statutes and regulations, including, but 19 2011 Airport Rules Governing Use (Policy Manual) not limited to, requirements for the disposal of waste oil, deicing fluids and other potentially hazardous substances and for the refueling of all aircraft and vehicles. 6.3.13. Snow, Ice, Weed and Debris Removal. Each operator shall promptly remove snow, ice, debris, and weeds from the area in which the operator is authorized to operate. Passageways, halls, doors, and exits from buildings occupied by an operator shall be kept clear of stored material and debris. The Airport may, at the request of the operator, and the discretion of the Executive Director, assist the operator in snow, ice, debris and weed removal. Each operator shall indemnify and hold the City and its elected and appointed officials, agents, and employees harmless from all liability in connection with such snow, ice, debris, and weed removal. 6.3.14. Insurance Requirements. 6.3.14.1. The Operator shall procure and maintain continuously in effect throughout the term of its activities upon the Airport at Operator's sole expense, insurance of the types and in at least such minimum amounts as set forth in this Section. Where more than one aeronautical service is proposed, or the risk to the Airport is increased by such activity, the minimum limits will vary dependent upon the nature of individual service in such combination, but will in all cases be at least of the highest minimum limit stated in the grouping chosen. Because of these variables, the applicable minimum insurance coverage on combinations of services will be discussed with the prospective Operator at the time of its application or otherwise during lease negotiations. In any event, the decision of the Risk Manager shall govern. 6.3.14.2. The applicable insurance coverage shall be in force during the initial period of construction of the Operator's facilities and/or prior to its entry upon the Airport for the conduct of its business. Operator agrees to maintain insurance with an Insurer rated "A" or better by AM Best. 6.3.14.3. All policies shall include hold harmless provisions included in its Lease and/or Operating Agreements with the Airport. 63.14.4. The Operator's insurance policies as required by this Agreement shall apply separately to the Airport as if separate policies had been issued to Operator and Airport. The Operator's Comprehensive General Liability policy shall protect the Airport against any and all liability created by reason of Operator's conduct incident to use of the airport, or resulting from any accident occurring on or about the roads, driveways or other areas of the Airport including the runways, taxiways and ramps used by the Operator at the Airport. 6.3.14.5. The Operator's insurance as required by these Minimum Standards shall not be subject to cancellation ar material alteration until at least thirty (30) days written notice bas been provided to the Airport's Risk Manager. Operator shall furnish to the Risk Manager annually Certificates of Insurance evidencing that all of the herein stated requirements have been met. The amount or amounts of all required policies shall not be deemed a limitation of the Operator's agreement to indemnify and hold harmless Augusta, GA, its officers, elected officials, employees, agents and the Aviation Commission and its employees; and in the event Operator or Augusta, GA shall become liable in an amount in excess of the amount or amounts of such policies, then the Operator shall save Augusta, GA, its officers, elected officials, employees, agents and the Aviation Commission and its employees harmless from the whole thereof, except in the event of gross negligence of Augusta, GA. 63.14.6. The Operator is required to maintain minimum insurance to protect the Operator and Augusta, GA from the normal insurable liabilities that may be incurred by Operator in its operation at the Airport. In the event such insurance as required by this Minimum Standard shall lapse, 20 2011 Airport Rules Governing Use (Policy Manual) Augusta, GA and the Aviation Commission reserve the right to obtain such insurance at the Operator's sole expense. 63.14.7. Dependent upon the precise nature of the aeronautical activities to be conducted by the Operator, all Operators shall carry the following types and minimum amounts of insurance coverage at the Airport: 6.3.14.7.1. Worker's Compensation Insurance - With employer's liability coverage of at least $1,000,000 each accident, statutory limit for each employee and a$1,000,000 disease policy limit. The foregoing insurance shall be endorsed to state that that the workers' compensation carrier waives its right of subrogation against the Augusta, Georgia Board of Commissioners, their officers, agents, elected and appointed officials, representatives, volunteers, and employees, the Aviation Commission and the Airport. 6.3.14.7.2. Property Insurance — To insure Operator against loss or damage to the existing structure and any improvements due to fire, lightning and all other perils included in standard extended coverage policies, plus vandalism and malicious mischief coverage, all in amounts of not less than ninety percent (90%) of replacement value. Upon request by the Aviation Commission, such replacement value shall be determined by a qualified appraiser, a copy of whose findings shall be submitted to the Risk Manager, and thereafter, proper adjustment in the limits of insurance coverage shall be effected. Said property need not be maintained by Operator, if Operator is renting or leasing improvement and Operator's Lessee maintains the required insurance. The foregoing insurance shall be endorsed to state that the carrier waives its right of subrogation against Augusta, Georgia, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, GA and the Aviation Commission shall be named as loss payees on any Property coverage. Said policy shall contain a Severability of Interest clause. 6.3.14.7.3. Comprehensive General Liability Insurance - against claims for bodily injury, death or property damage occurring on, in about the Operator's premises and the Airport, in an amount recommended by the Risk Manager and acceptable to the Airport. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, Georgia, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, Georgia Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include Contractual Liability coverage at least as broad as that given in the most current CG 00 O1 ISO form. 6.3.14.7.4. Builder's Risk Completed Value policy. During any period of construction on the Operator's premises, a Builder's Risk Completed Value policy and an Owner and Contractor's protective policy in the minimum amounts determined by the Risk Manager. The foregoing insurance shall be endorsed to state-the carrier waives its right of subrogation against Augusta, Georgia Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Aviation Commission, Augusta, Georgia Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees shall be named as a loss payee on this policy. Said policy shall contain a Severability of Interest clause. 6.3.14.7.5. Automobile Insurance. For any vehicles authorized in writing by the Executive Director to operate on the Aircraft Operating Area (AOA) of the Airport, Automobile Insurance in the minimum amount of Five Million Dollars ($5,000,000.00) combined single limit coverage. If the Operator's Comprehensive General Liability coverage includes vehicular operations on 21 2011 Airport Rules Governing Use (Policy Manual) the Airport, separate automobile insurance shall not be required. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, Georgia, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. Augusta, Georgia Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Said policy shall contain Severability of Interest Clause and shall include contractual liability coverage at least as broad as that given in the most current CA 00 O1 ISO form. 6.3.14.7.6. Other Insurance. Dependent upon the precise nature of the aeronautical activities to be conducted by the Operator, Additional types of insurance coverage such as the following, among other, shall be carried by Operator: 6.3.14.7.6.1. Aircraft Liability 6.3.14. 7.6.2. Hangar Keeper's Liability 6.3.14.7.6.3. Products Liability 6.3.14.7.6.4. Renter Pilot Liability 6.3.14.7.6.5. Student Pilot Liability 6.3.14. 7.6.6. Chemical and Environmental Damage Liability 6.3.14.8. The types and amounts of the above Other Insurance coverage required to be carried by Operator shall be determined by the Risk Manager on a case-by-case basis. In any event, for each of the above types of insurance required to be carried, no less than One Million Dollars ($1,000,000.00) coverage per occurrence per type of insurance shall be required. Coverage may be required at higher levels than the above minimum based upon the nature of Operator's risk exposure. The foregoing insurance shall be endorsed to state that it will be primary to the Aviation Commission's insurance and that the carrier waives its right of subrogation against Augusta, Georgia, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials, representatives, volunteers, and employees. The Augusta, Georgia Commission, the Aviation Commission, the Airport, and their officers, agents, elected and appointed officials shall be added as additional insureds on said policies. Any such policy shall contain Severability of Interest and Contractual liability clauses. 6.3.15. Indemnification. Operator agrees to indemnify and hold harmless the Augusta Aviation Commission, Augusta, Georgia Board of Commissioners and its members, officers, elected officials, agents, servants, employees and successors in office, from any and all claims including reasonable attorney's fees and expenses of litigation incurred by the Augusta, Georgia Board of Commissioners and the Augusta Aviation Commission, in connection therewith related to or arising out of any damage or injury to property or persons, occurring or allegedly occurring in, on or about Airport property which are in any way related to or arising out of any failure of Operator to perform its obligations hereunder. Operator further agrees that the foregoing contract to indemnify and hold harmless applies to any claims for damage or injury to any individuals employed or retained by Operator in connection with any changes, additions, alterations, modifications and/or improvements made to the premises, and hereby releases the Augusta, Georgia Board of Commissioners and the Augusta Aviation Commission, from liability in connection with any such claims. 22 2011 Airport Rules Governing Use (Policy Manual) 63.16. Vending Machines. An operator shall not install or operate vending machines, pay telephones, coin-operated amusement machines or devices in or upon any leased premises, except as approved by Airport. Airport specifically reserves the right to arrange for installation of such machines or devices and such other concessions as the Airport may desire. 6.3.17. National Emergencies. During time of war or national emergency, the Airport shall have the right to lease the Airport, or any part of the Airport to the United States for military use. Any permit, lease, or authority granted under these rules shall be subject to and controlled, in the event of inconsistency, by the Government's lease. 6.3.18. Existing and Future Government Agreements. Any permit, lease, or agreement entered into under these Rules shall be subject to the terms the Airport's assurances and agreements now required or imposed in the future between the Airport and the FAA or its successor, any existing or future agreement between the Airport and the United States, and to any directive from the FAA or its successor to the Airport relative to the operation or the maintenance of the Airport or the obtaining of federal grants. 6.3.19. Airport Layout Plan/ Airport Master Plan. The Airport reserves the right to make changes in the Airport Layout Plan and Airport Master Plan. The Airport reserves the power to designate as common use areas any areas which have not been specifically leased or reserved to any person or party by a written agreement. 6.3.20. Airport Use of Leased Land. The Airport has the right to temporarily occupy any part of an area which has been leased or reserved to any person by a written agreement, so long as the Airport's use does not interfere with the principal use of the land by the lessee, Operator or permittee. The Airport may require any structure or building on any leased property to be relocated on the property if the relocation is needed in connection with an expansion or improvement of the Airport. 'The Airport shall pay the operator compensation for any temporary or permanent taking to the extent required by law. 6.3.21. Discrimination. Each operator shall furnish all services authorized or licensed by the Airport by charging fair, reasonable and not unjustly discriminatory prices for each unit of service; provided, however, that the operator may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers, if permitted by law. No person shall in the use of the Airport discriminate against any employee, or applicant for employment, because of race, creed, religion, color, sex or national origin, marital status, physical handicap or sexual orientation. Further, the operator agrees, for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, that (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use Airport, (2) in the furnishing of services at Airport, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination, and (3) Operator shall use Airport facilities in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152 and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as such Title and Regulations may be amended. 6.3.22. Hangar Tenant Badge. 6.3.22.1. Operators' flight crews are required to obtain an Airport's Hangar Tenant Badge prior to operating unescorted in the Airport Operations Area (AOA) i.e., restricted area. Flight crews are required to escort their own passengers, while inside the AOA. 6.3.22.2. Operators shall ensure that all persons performing operations in the AOA and associated with Operator's activities shall be properly badged or escorted. 23 2011 Airport Rules Governing Use (Policy Manual) 6.3.22.3. Hangar Tenant Badge authorizes the bearer unescorted access to and transit between aircraft storage location and Fixed Base Operator (FBO) only. Hangar Tenant Badge does not authorize the individual to operate a vehicle in the AOA. 6.3.22.4. To qualify for tenant badge, each individual must satisfactorily completed both a background investigation and badge training consistent with Transportation Security Administration (TSA) regulations. This may include collection of appropriate criminal history information, contractual and business associations and practices, employment histories, reputation in the business community and credit reports for the Operator as well as Operator's employees. Operator consents to such an inquiry and agrees to make available to the Airport such books and records the Airport deems necessary to conduct the review. 6.3.22.5. Operator will pay cost associated with providing badge(s). 6.3.22.6. Operator's failure to comply with Hangar Tenant Badge procedures is considered in default. 6.3.23. Fuel Storage, Sale and Dispensing. Except as permitted herein, the Airport has reserved unto itself exclusive control of the storage, sale and dispensing of the of all oil and aviation gasoline, kerosene, jet fuel or any other fuels now available, or that may become available on or about Augusta Regional Airport including, but not limited to, leased the Premises. In addition, except as permitted herein, no oil, aviation gasoline, automobile gasoline, kerosene, jet fuel, shall be stored or brought upon the Premises for use ar resale by Operator or its customers, guests or patrons, other than fuels and oils purchased from Airport for Operator's sole use. 7. MINIMUM STANDARDS FOR COMMERCIAL AERONAUTICAL ACTIVITIES AT THE AUGUSTA REGIONAL AIRPORT 7.1. Statement of POIiCy. A fair and reasonable opportunity, without discrimination, shall be accorded to all applicants to qualify, or otherwise compete, for available Airport facilities and the furnishing of selected aeronautical services subject, however, to the minimum requirements and standards established by the Airport and set forth herein. In all cases where the words "standards" or "requirements" appear, it shall be understood that they are modified by the word "minimum." (All operators will be encouraged to exceed the minimums; none will be allowed to operate under conditions below the minimums.) A written agreement, properly executed by the Airport and the operator, is a prerequisite to tenancy on the Airport and the commencement of any operations thereon. The contract provisions however will be compatible with the Minimum Standards herein contained and will not change or modify the standards and requirements themselves. These Minimum Standards and requirements shall be included as a part of all leases and contracts between the Airport and any person or persons, firm or corporation desiring to be based on the Airport and engaged in any commercial aeronautical services or activities. Information relative to rental fees and charges applicable to the aeronautical services included herein will be made available to the prospective commercial operator by the Executive Director at the time of application or during the contract negotiations. 7.1.1. These Minimum Standards may be revised from time to time by the Airport as conditions may require. The Airport reserves the right to amend these Minimum Standards and any lease, contract or agreement entered into with an Operator shall thereafter be subject to the amended standards and may be terminated or canceled in the event of failure to comply with any amendments to these Minimum Standards after notice thereof has been given. 24 2011 Airport Rules Governing Use (Policy Manual) 7.1.2. Scheduled air carrier and scheduled air taxi services, or any other activities not specifically provided for in these Minimum Standards will normally be subject to negotiation. Contingent upon Operator's qualifications, meeting the established Minimum Standards, executing a written agreement with the Airport and submitting payment of the prescribed rentals, fees and charges, the Operator shall have the right and privilege of engaging in and conducting the activity or activities selected by him/her on the Airport as specified by the written lease, permit or contract. The granting of such right and privilege, however, shall not be construed in any manner as affording the Operator any exclusive right of use of the premises and facilities of the Airport, other than those premises which may be leased exclusively to him/her and then only to the extent provided in written agreement. The Airport reserves and retains the right for the use of the Airport by others who may desire to use the same, pursuant to applicable federal, state and local laws, ordinances, orders, rules and regulations, pertaining to such use. The Airport reserves the further right to designate the specific Airport areas in which the individual or a combination of Aeronautical Services may be conducted. Such designation shall give consideration to the nature and extent of the operation and the lands available for such purpose, consistent with the orderly and safe operation of the Airport. 7.2. Pre-Qualification Requirements. The prospective Operator shall submit, in written form to the Executive Director, at the time of his/her application, the following information, and thereafter, the Executive Director may request such additional information as follows: 7.2.1 Intended Scope of Activities. As a condition precedent to the granting of an operating privilege on the Airport, the prospective Operator must submit a detailed description of the methods to be employed to accomplish the contemplated operating standards and requirements, to provide high-quality service to the aviation and general public in the Augusta air service area as defined in the current Master Plan, including the following: 7.2.1.1. The services to be offered. 7.2.1.2. The amount of land required for operation and to be leased. 7.2.13. The building space to be constructed or leased. 7.2.1.4. The number and types of aircraft to be provided. 7.2.1.5. The number of persons to be employed. 7.2.1.6. The hours of proposed operation. 7.2.1.7. The number and types of insurance coverage to be maintained. 7.2.1.8. Evidence of financial capability and technical ability to perform and provide the proposed services and facilities. 7.2.1.9. The name, address and telephone number of the applicants and the proposed operating name of the business. 7.2.1.10. The names and qualifications of the principal personnel to be involved in conducting such activity. 7.2.1.11. The tools, equipment, services and inventory, if any proposed to be furnished in connection with such activity. 25 2011 Airport Rules Governing Use (Policy Manual) 7.2.1.12. The requested or proposed date for commencement of the activity and the length of term of conducting the same. 7.2.1.13. The estimated cost of any structure or facilities to be constructed or furnished, the proposed specifications for same, and the means and method of financing such construction or acquisition of facilities. 7.2.1.14. The intended location and layout plan of any proposed or future development. 7.2.2. Financial Responsibility. The prospective Operator must provide a statement, satisfactory to the Aviation Commission, in evidence of his/her financial responsibility, from a bank or trust company doing business in Augusta, Georgia or from such other source as may be acceptable to the Aviation Commission and readily verified through normal banking channels. Tl�e prospective Operator must also demonstrate financial capability to initiate operations and for the construction of improvements and appurtenances that may be required commensurate with the concept of the proposed operation, or operations, and shall also indicate his/her ability to provide working capital to carry on the contemplated operations, once initiated. 7.2.3. Experience. The prospective Operator shall furnish the Airport with a statement of his/her past experience rendering the specified aviation services which he proposes to provide on the Airport, together with a statement that he has the managerial ability to perform the selected services. 7.2.4. Miscellaneous Requirements. Each prospective Operator desiring to conduct aeronautical activities on the Airport must confirm the following: 7.2.4.1. The Operator has sufficient management experience and available personnel to conduct the proposed service or activity in an efficient and workmanlike manner. 7.2.4.2. The Operator will lease available space and construct, lease or purchase adequate facilities for the type of service to be rendered. 7.2.4.3. The Operator is financially responsible and able to provide the facilities and services proposed. 7.2.4.4. The Operator has or can reasonably secure and maintain necessary certificates from the FAA and other authorities where such is required for the activity proposed. 7.2.4.5. The Operator has or can furnish suitable insurance to protect and hold the City harmless from any liability in connection with the conduct of the activity proposed. 7.2.4.6. The rates or charges for any and all activities and services of Operator shall be determined by the Operator, subject to the reasonable approval of the Aviation Commission, and subject further to the requirement that all such rates or charges shall be reasonable and be equally and fairly applied to all users of the services. 7.2.4.7. No Operator shall be permitted to operate at the Airport without a fully executed lease agreement with the Airport containing provisions for strict compliance with these Minimum Standards and containing such other special provisions as may be determined by the Aviation Commission to be necessary on account of any building or other construction which may be required under such lease, or any other special requirements which may be applicable to such particular Operator. 26 2011 Airport Rules Governing Use (Policy Manual) 7.2.4.8. The Operator shall abide by and comply with all federal, state, City laws, ordinances, statutes, orders, resolutions and regulations governing the activities of Operator on the Airport, including the Airport Rules, the Georgia Department of Transportation and the FAA, as such now exists or may hereafter be enacted or amended. 7.2.4.9. All contracts or leases between such Operators and the Airport shall be subordinate to the provisions of any existing or future agreements between the Airport and the United States of America, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the Airport. 7.2.4.10. No Operator shall sublease or sublet any premises leased by such Operator from the Airport, or assign any such lease without the prior written approval of the Airport, and any such subletting or assignment shall be subject to all of the Minimum Standards herein set forth. 7.3.5. Action on Prospective Operator's Application -The Airport may deny any lease agreement, if in the sole opinion of the Airport it finds any one or more of the following: 7.2.5.1. The Operator for any reason does not meet the qualifications, standards and requirements established by these Minimum Standards, or is not prepared to meet same within a reasonable time to be established by the Airport; 7.2.5.2. The proposed operation or construction will create a safety hazard on the Airport; 7.2.5.3. The approval of the agreement will require the Airport to spend funds or to supply labor or materials in connection with the proposed operation, or the operation will result in a financial loss to the Airport; 7.2.5.4. No appropriate, adequate, or available space or building exists at the Airport which would accommodate the entire activity of the Operator on the date of application or within a reasonable time thereafter; 7.2.5.5. Airport development or construction required for the proposed operation does not comply with the Airport Master Plan then in effect; 7.2.5.6. The development or use of the area requested by the Operator will result in a congestion of aircraft or buildings or will unduly interfere with the operations of any present Operator on the Airport relative to problems with aircraft, servicing and/or free access to the Operator's area; 7.2.5.7. The Operator has either intentionally or unintentionally falsified application or supporting documents; 7.2.5.8. The Operator has failed to make full disclosure on the application or supporting documents; 7.2.5.9. The Operator has a record of violating the rules and regulations of any other airport or civil regulations, FAA regulations, or any other rules and regulations applicable to the Airport; 7.2.5.10. Any party applying or interested in the business has defaulted in the performance of any lease or any other agreement with the City or the Airport; 7.2.5.11. On the basis of current financial information, the Operator does not, in the opinion of the Airport exhibit adequate financial responsibility to undertake the project; 27 2011 Airport Rules Governing Use (Policy Manual) 7.2.5.12. The Operator cannot provide a performance bond or other adequate security in an amount required by the Airport to insure performance; 7.2.5.13. The Operator has been convicted of any felony or a misdemeanor involving moral turpitude; has been convicted of a public entity crime as defined in Georgia Statutes; placed on a Convicted Vendor List; and/or disbarred by any state, federal or local government. Nothing contained herein shall prohibit the Airport from granting or denying, for any reason the Airport deems sufficient, an application to do business on the Airport for the purpose of selling, furnishing or establishing non -aviation products supplied for any service or business of a non - aeronautical nature, or an application for the non -profit use of an Airport facility. 7.2.6. Confidentiality of Information Submitted by Prospective Operator. The Airport acknowledges that disclosure of some of the information requested to be submitted by a prospective operator may be of the nature that would be reasonably considered to be confidential and that if disclosed may discourage prospective operators from applying to the Airport for the right to engage in private aeronautical activities on the Airport. The Airport therefore agrees to restrict, in compliance in the Open Records Act, the public disclosure of such information in the following circumstances: Any information submitted to the Airport by a prospective Operator pursuant to these Rules may be kept confidential by the Airport as provided by exceptions to the Open Records laws of Georgia if the prospective Operator specifically requests that the information be kept confidential prior to submitting the same, demonstrating that the information is such that is not known by the general public or a trade secret and the Airport agrees to that request. The fact that the information is submitted pursuant to any requirements of the Airport's Rules shall not be interpreted to mean that it is information required to be disclosed within the meaning of the public records disclosure exemptions. 7.3 Construction and Site Development Standards. The minimum space requirements as hereinafter specified shall be satisfied with land and buildings placed upon land which shall be leased from the Airport with prior written approval of the Airport. In no event shall any aeronautical activities be conducted from land on or adjacent to the Airport, which is not owned by the Airport (commonly called a "through-the-fence" arrangement). 73.1. For construction of any new facilities financed by the Operator not already contained on the Airport, the Operator may be subject to the same conditions of development as are contained in the current Airport Master Plan or Airport Leasehold Development Standards. In no instance shall any buildings or structures be placed upon the Airport which is not of new construction. All structures shall be permanent construction, painted and shall be compatible with the design, materials and landscaping established in the Leasehold Development Standards. 7.3.2. Any structures or facilities to be constructed or placed upon the Airport shall conform to all safety regulation of all federal, state, and City agencies and shall conform to the requirements of current building, life-safety, zoning, electrical and fire codes of as adopted by the City. 7.3.3. Prior to initiation of any construction by Operator, the Airport will require a performance and payment bond or other acceptable form of security to guarantee completion of construction, payment of subcontractors and material men; and the return of any funds expended by the Airport should Operator default on any obligations. 73.4. Operator will be required to secure performance and payment bonding acceptable to the City that guarantees the return of any funds expended should Operator default and not take possession of the premises or otherwise not meet its obligations as outlines in the written agreement between Operator and the Airport. 28 2011 Airport Rules Governing Use (Policy Manual) 7.3.5. Operator is solely responsible for ascertaining the requirements of any and all governmental agencies with regard to permit and application procedures necessary to obtain final approvals and building permits prior to beginning construction until it has received prior written approval from the Airport, and until the Operator and/or the Airport has received the necessary approvals from the FAA , and such other governmental authorities as are necessary for the type of construction contemplated. In those instances where the Airport is required to make application for construction or alternation of the Airport due to the Airport being the holder of the Fee interest in premises, the Airport will, at Operator's expense, promptly and diligently make and prosecute such application. 7.3.6. Prior to any construction, alteration or major changes upon the Operator's premises, Operator shall submit to the Aviation Commission two (2) sets of any proposed plans (drawn to scale) and specifications, and plans indicating the location and extent of the following: 7.3.6.1. The size, location, dimension and floor plan of any structures. 7.3.6.2. The size and dimension of aircraft ramp areas. 7.3.6.3. The location and setback of the structures form the ramp area and outer edges of the leased premises. 7.3.6.4. Vehicular access routes and security precaution for the aircraft operation areas. 7.3.6.5. Total square footage of the ramp and hangar area. 7.3.6.6. The location of all trees, shrubs, and landscaped areas. 73.6.7. Building elevations, to include any overhangs and designation of glass or other reflective surfaces. 7.3.6.8. Exterior lighting and area illumination and direction of such lighting. 7.3.6.9. Utility and easement location. 7.3.6.10. Location and height of all fences. 7.3.6.11. Location of all loading areas and pedestrian ways. 7.3.6.12. All exterior contours and types of surfacing, 7.3.6.13. Grading plan with existing and future elevations. 7.3.6.14. Drainage plan with existing and future flows and facilities. 7.3.6.15. Pavement surfaces, cross-sections and weight bearing capacity. 7.3.6.16. Erosion control measures. 7.3.6.17. Location of all on-premises vehicular parking lots. 7.3.7. The primary purpose for reviewing the above noted plans is to determine the impact on adjacent leaseholds and on the general operations of the Airport. The Airport's review will seek to ensure that the following standards are upheld, among other things: 29 2011 Airport Rules Governing Use (Policy Manual) 7.3.7.1. There will be no physical interference with the operation of aircraft on or adjacent to the Airport; 7.3.7.2. No external effects, including noise, lights, reflections, odor, vibration, smoke, dust or gases will be of a magnitude to adversely interfere with operations or the general operation of the Airport; 7.3.7.3. No drainage or utility problems will be created for the Airport; 7.3.7.4. No operational interference will be created for the Airport as a result of Operator's activities on premises. 7.3.8. At any time construction activities are undertaken on its premises, the Operator, or any contractor hired to complete such construction, shall keep in force insurance, issued by an insurance company authorized to do business in the State of Georgia, insuring the improvements during construction under Completed Builder's All Risk Insurance, including fire, extended coverage, vandalism and malicious mischief, in an amount equal to the full insurable value of such construction as the same progresses in order to ensure continuity of construction and ultimate completion despite damage or destruction suffered during the course, thereof. The foregoing requirement shall be made a part of any contract between Operator and its contractor. 7.3.9. All permanent improvement constructed on the premises, other than trade fixtures, shall become a part of the land and belong to the Airport upon the termination or cancellation of the lease agreement between Operator and Airport which covers such improvements. 7.3.10. Upon written notice from the Executive Director that construction may commence upon the premises, Operator shall, within 60 days after such notice is given, let contracts for the entire construction project with a contractor or contractors capable of performing the work involved. Construction on the project shall begin as soon as possible after the contractors have been selected. 7.3.11. All buildings and improvement located upon the premises shall be so located and placed as to be in accordance with airside building restrictions as set by the FAA. Any areas provided for aircraft ramps, aprons or taxiways, as well as any vehicular parking areas and roadways shall be paved with an appropriate bituminous or concrete surface. A paved walkway shall be provided within the leased area to accommodate pedestrian access to the Operator's office, and a pa�ed aircraft apron within the leased area sufficient to accommodate its aircraft activities and operations shall be provided. Paved vehicular parking lots in a minimum size as specified elsewhere in these Standards shall be provided on the leased premises. No on -street parking will be permitted. The balance of the premises shall be landscaped so as to present an attractive appearance. 7.3.12. If Operator chooses to develop upon a site which is not currently served by taxiways, roadways and utility services, Operator shall be responsible for extending such services and pavement surfaces to its site at its sole expense, unless otherwise negotiated with the Airport prior to execution of a lease agreement. All such utility services and pavement areas shall be constructed in full compliance with the Airport's Rules and all applicable governmental agencies. 7.4 General Operational Requirements. The Operator shall have in his/her employ, and on duty during the required operation hours, trained personnel in such numbers as are required to meet the applicable Minimum Standards set forth herein in an efficient manner for each Aeronautical Activity or service being performed. The Operator shall also provide a responsible person in the office to supervise the operations in the leased area and on the Airport and with authorization to represent and act for and on behalf of the Operator during all business hours. Operator shall provide to the Executive 30 2011 Airport Rules Governing Use (Policy Manual) Director a roster of qualified personnel who are available after normal business hours to respond to emergency situations involving Operator's activities. 7.4.1. Operator shall control the conduct, demeanor and appearance of its employees, who shall be trained by Operator, shall possess such technical qualifications and hold such certificates, permits, licenses and ratings as required, and shall maintain same throughout the term of Operator's business activities on the Airport. It shall be the responsibility of Operator to maintain close supervision over its employees to assure a high standard of service to customers of Operator. 7.4.2. Cross-utilization of personnel between aeronautical services performed will be permitted to the extent that personal qualifications, licensing, and minimum on-duty office manning requirements of these Minimum Standards are met. 7.4.3. No aircraft or other vehicle may be left unattended or parked, or any object or structure placed, built or left to remain at any point on the Airport where such object would protrude through any imaginary surface prescribed as an obstruction by Federal Aviation Regulations Part 77. 7.4.4. Operator will make provisions for the courtesy transportation of pilots and passengers of general aviation aircraft (using the Operator's facilities and services and in the conduct of Operator's business) to and from the Operator's office to the Operator's aircraft parking/tie -down areas, and the Airport's airline passenger terminal building. When performing this service with motor vehicles driven on the Airport, Operator shall do so only in strict accordance with Airport Rules, applicable federal, state and municipal laws, ordinances, codes or other similar regulatory measures now in existence or as may be hereafter modified, amended, or enacted. 7.4.5. Operator shall not provide a vehicular parking facility or service for patrons of the airline passenger terminal building, whether or not for charge or profit. 7.4.6. Operator shall, at all times, and at its own expense, comply with applicable provisions of Airport Rules, and FAA Airport/Aircraft Security Rules and any amendments thereto. 7.4.7. Operator shall permit the Executive Director or his designees to enter upon premises of Operator at any reasonable time for any purpose necessary incidental to, or connected with Operator's performance of its obligations with respect to governmental functions, for fire protection or security purposes, for inspecting or maintaining the premises, or doing any and all things the Airport is obligated to do, or which may be deemed necessary or desirable for the proper conduct and operation of the Airport. 7.4.8. The rates or charges for any and all activities and services of Operator shall be determine by the Operator, subject to review by the Airport, and subject to the requirement that all such rates or charges shall be reasonable and be equally and fairly applied to all users of the services. 7.4.9. Operator shall provide prompt, courteous and efficient service to the public at all times with adequate staffing to meet service demands. 7.4.10. Operator shall comply with the highest ethical standards of the aviation service industry in the conduct of its aeronautical activities. 7.4.11. Operator shall reduce to a minimum any vibrations tending to damage any equipment, structure, building or portion of a building located on or near the Airport. 7.4.12. Operator shall keep the sound level of its operations as low as reasonably possible. 31 2011 Airport Rules Governing Use (Policy Manual) 7.4.13. Operator shall commit no unlawful nuisance, waste or injury on its property and refrain from doing anything, which may result in the creation or commission or maintenance of such nuisance, waste or injury to property on the Airport. 7.4.14. Operator shall refrain from creating or permitting to be caused or created upon its premise any obnoxious odors or smokes, or noxious gases or vapors. The creation of exhaust fumes by the operation of internal combustion engines or aircraft engines of other types, so long as such engines are maintained and are being operated in a proper manner, shall not be violation of this paragraph, nor shall the reasonable operation of Operator's business constitute such violation, although some odors, gases and vapors may result there from. 7.4.15. Operator shall refrain from doing anything which might interfere with the effectiveness or accessibility of the Airport's public utilities systems, drainage or sewer system, fire protection system, sprinkler system, alarm system, or fire hydrants and hoses (if any are installed or located on or in Operator's premises). 7.4.16. Operator shall refrain from overloading any floor or paved area of the Airport, and promptly repair any floor, including supporting members, and any paved areas, including aircraft operations areas, damaged by overloading caused by Operator. 7.4.17. Operator shall refrain from doing any act or thing upon the Airport, which will invalidate or conflict with any fire or liability insurance policies covering the Airport or its Operating certificate. 7.4.18. Operator shall refrain &om doing any act or thing, which may constitute an extra - hazardous condition so as to increase the risks normally attendant upon the normal Airport operations. 7.4.19. Operator shall remove or dispose, at its own expense, debris and other waste material (whether solid or liquid) arising out of Operator's activities. Any garbage, debris or waste which may be temporarily stored in the open shall be kept in suitable garbage or waste receptacles, made of metal and equipped with tight-fitting covers of a design sufficient to contain whatever may be placed therein. Operator shall use extreme care when removing such waste. 7.4.20. Operator shall keep and maintain its premises and all improvements in a neat and orderly condition and in good and substantial repair, condition and appearance. Operator shall keep mowed and in a slightly condition all landscaping and grass areas within it premises. Operator shall also maintain all aprons, ramps, taxiways, roadways and parking lots that are constructed by Operator or set aside for the exclusive use of Operator. 7.5. General Lease Clauses 7.5.1. Each lease for ground space, Airport Operating and Use agreement, or construction contract for business at the Airport shall include each of the following provisions, as applicable, as required by federal, state, and local government: 7.5.1.1. Fair and Nondiscriminatory Provisions 7.5.1.2. Affirmative Action Assurances 7.5.1.3. Civil Rights Assurances 7.5.1.4. Minority and Disadvantaged Business Enterprise Assurances 32 2011 Airport Rules Governing Use (Policy Manual) 7.5.1.5. Non-exclusive Rights Provision 7.5.1.6. Lease Subordination to other Government Agencies 7.5.1.7. Insurance ' 7.5.1.8. Indemnity and Hold Harmless Clause and 7.5.1.9. Other mandated provisions, as well as standard Airport lease clauses 7.5.2. The most current form or amendment of each of the above lease provisions shall be obtained from the Federal, State and local Governments and shall be included in each lease agreement at the time of execution. The lease agreement shall also contain any or all of the following items, among others: 7.5.2.1. Length or term of agreement 7.5.2.2. A reasonable rental rate or Airport use fee to be paid to the Airport. This rate shall be negotiated and shall take into consideration any proposed capital improvements of the Operator and/or the use by the Operator of existing Airport structures 7.52.3. A provision for a performance bond and/or payment bond 7.5.2.4. A provision requiring the Operator to provide Certificates of Insurance to the Airport for coverage's specified by the Airport 7.5.2.5. A provision that any sublease agreement and assignment must receive prior written approval of the Airport. 7.6. Aircraft Sales Operators 7.6.1. Statement of Concept. An Aircraft Sales Operator engages in the sale of new and/or used aircraft through franchises or licensed dealerships or distributorships (either on a rental or wholesale basis) of an aircraft manufacturer; and provides such repair services, and parts as necessary to meet any guarantee or warranty on aircraft sold. 7.6.2. Minimum Standards 7.6.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for storage and display of aircraft; paved aircraft apron; a paved aircraft pedestrian walkway; and all storage, utilities and support facilities. 7.6.2.2. Han�ars and Other Buildings. The Operator shall lease or construct hangar facilities providing at least 20,000 square feet of aircraft storage/display space, and at least 1,000 square feet of properly lighted, heated and air conditioned space for offices, public lounge, public restrooms and public telephones. 7.6.2.3. Taxiwav Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. NOTE: With the prior written permission of the Airport the requirements of "7.6.2.1." through "7.6Z.3." above may be satisfied by a sublease of such space from an FBO. 33 2011 Airport Rules Governing Use (Policy Manual) 7.6.2.4. Auto Parking. Paved private auto parking area sufficient for anticipated customers. 7.6.2.5. Services Provided. The Operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft, but only for the duration of any sales guarantee or warranty period. The Operator shall provide an adequate inventory of spare parts for the type of new aircraft for which sales privileges were granted. Servicing facilities may be provided through written agreement with a repair shop Operator at the Airport, which specializes in the make of aircraft sold. 7.6.2.6. Licenses and/or Certifications New aircraft dealers shall hold an authorized factory sales or distributor franchise or sub -dealership. An Operator engaged in the sale of used aircraft must conform to the provisions of FAA Regulations, Part 47, Subpart C, and must possess a valid "Dealers aircraft Registration Certificate", FAA Form 8050. All aircraft dealers shall hold applicable licenses or permits that may be required by any law or regulation. 7.6.2.7. Aircraft A dealer of new aircraft shall have available or on call at least one (1) current model demonstrator of aircraft in its authorized product line. A new aircraft dealer shall provide for demonstration of additional models of the manufacturer for which a dealership is held. 7.6.2.8. Hours of Operation. The Operator shall have its premises open and services available no less than eight (8) hours daily, five (5) days a week. The Operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. 7.6.2.9. Personnel. The Operator shall employ, and have on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the Minimum Standards set forth in an efficient manner, but never less than one (1) person having a current commercial pilot certificate with rating appropriate for the aircraft to be demonstrated. The Operator shall maintain during all business hours, a responsible person in charge to supervise the operations in the leased area and with authorization to represent and act for and on behalf of the Operator, and provide check ride pilots for aircraft sold. 7.6.2.10. Safety Precautions. Operator shall take all appropriate safety precautions to provide safe environment for customers and employees. 7.6.2.11. Equipment and Facilities. Operator shall provide equipment and facilities for services provided. 7.6.2.12. Chemical Storaee. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and Airport Rules, requirements, and regulations. 7.6.2.13. Insurance Coveraee. All required insurance shall meet the requirements set forth in Section 6.3.14. 7.6.2.14. Special Provisions. None. 7.6.2.15. Waivers See Section 7.18 7.7. Aircraft, Airframe, Engine, and Accessory Maintenance and Repair Services Operators 7.7.1. Statement of Concept. An aircraft airframe, power plant and accessory maintenance and repair Operator may provide one or a combination of airframe, power plant and 34 2011 Airport Rules Governing Use (Policy Manual) accessory overhaul and repair services on aircraft up to and including business jet aircraft and helicopters. This category shall also include the sale of aircraft parts and accessories, but not an exclusive right. 7.7.2. Minimum Standards 7.7.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for hangars and other public buildings; paved private auto parking; paved aircraft apron, a paved apron; a paved pedestrian walkway; and all storage, utilities and support facilities. 7.7.2.2. Hangars and other Buildings. The Operator shall lease or construct hangar facilities providing at least 20,000 square feet of properly lighted, heated and air conditioned space for offices, public lounge, public restrooms and public telephones. Aircraft painting areas if provided shall be segregated from all other areas. 7.7.2.3. T�iwav Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. NOTE: With the prior written permission of the Airport, the requirements of "7.7.2.1." through "7.7.2.3." above may be satisfied by a sublease of such space from another Operator at the Airport. 7.7.2.4. Auto Parkin¢. Paved private auto parking 7.7.2.5. Services Provided. The Operator shall provide sufficient shop space, equipment, supplies and availability of parts equivalent to that required for certification by the FAA as an approved repair station. 7.7.2.6. Licenses and Certifications. Aircraft, Airframe, Engine, and Accessory Maintenance and Repair Service Operators shall hold applicable licenses or permits that may be required by any law or regulation. 7.7.2.7. Aircraft. Not required. 7.7.2.8. Hours of Operation. The Operator shall have its facilities open and services available, no less than eight (8) hours daily, five and one-half (5) days per week, including one- half (1/2) day on Saturday morning. The Operator shall make provision for someone to be in attendance in the offices at all times during the required operating hours. The Operator shall provide for mechanical services during off -hours, nights and holidays, through an "on-call" system, answering service or pager. 7.7.2.9. Personnel. The Operator shall employ, and have on-duty during the appropriate business hours, trained personnel in such numbers as are required to meet the Minimum Standards set forth in a safe and efficient manner, but never less than one (1) person currently certified by the FAA with ratings appropriate to the work being performed, and who holds an airframe, power plant or an aircraft inspector rating, plus one (1) additional person not necessarily rated. The Operator shall maintain during all business hours a responsible person in charge to supervise its operations on the Airport authorized to represent and act for and on behalf of the Operator. 7.7.2.10. Safetv Precautions. The Operator shall conduct all maintenance operations in accordance with applicable Airport Rules; National Fire Protection Association, FAA regulations and other applicable governmental safety regulations. No major maintenance operations or 35 2011 Airport Rules Governing Use (Policy Manual) business activities shall be permitted at any time inside "T-hangars" or other structures not designated for such functions. 7.7.2.11. Ecluipment and Facilities. Operator shall provide equipment and facilities for services provided. 7.7.2.12. Chemical StoraQe. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and Airport Rules, requirements, and regulations. 7.7.2.13. Insurance Coveraee. All required insurance shall meet the requirements set forth in Section 6.3.14. 7.7.2.14. Svecial Provisions. None 7.7.2.15. Waivers See Section 7.18. 7.8. Aircraft Lease and/or Rental Services Operators 7.8.1. Statement of Concept. An aircraft lease or rental Operator engages in the lease or rental of aircraft to the public. 7.8.2. Minimum Standards 7.8.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for: Hangars and other building; paved private auto parking; paved aircraft apron; a paved pedestrian walkway; and all storage, utilities and support facilities. 7.8.2.2. Hangars and Other Buildings. The Operator shall lease or construct hangar facilities providing at lease 10,000 sauare feet of aircraft storage, and at least 800 square feet of properly lighted, heated and air conditioned space for offices, public lounge, public restrooms and public telephones. 7.8.2.3. Taxiwav Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. NOTE: With the prior written permission of the Airport the requirements of "7.8.2.1. through 7.8.2.3." above may be satisfied by a sublease of such space from another commercial Operator at the Airport. 7.8.2.4. Auto Parkin�. Paved private auto parking 7.8.2.5. Services Provided. The Operator shall provide sufficient shop space, equipment, supplies and availability of parts equivalent to that required to provide aircraft rental/leasing services. 7.8.2.6. Licenses and/or Certifications Aircraft Lease and/or Rental Services Operators shall hold applicable licenses or permits that may be required by any law or regulation. 7.8.2.7. Aircraft. The Operator shall have available for rental, either owned or under exclusive written lease to Operator, a sufficient number of aircraft to handle the proposed scope of its operation, but not less than three (3) certified and air worthy aircraft, at least two (2) aircraft shall be equipped for and capable of flight under instrument weather conditions. All aircraft shall meet the 36 2011 Airport Rules Governing Use (Policy Manual) relevant requirement of Part 135 of the FAA regulations. Copies of any lease agreements for aircraft not owned by the Operator shall be provided to the Executive Director. 7.8.2.8. Hours of Oneration. The Operator shall have its facilities open, services available no less than eight (8) hours daily, six (6) days a week. The Operator shall make provision for someone to be in attendance in the office at all times during the required operating hours. The Operator shall also provide for "on -call" service during off -hours. 7.8.2.9. Personnel. The Operator shall employ and have on -duty during the required operating hours, a minimum of one (1) person having a current FAA commercial pilot certificate with appropriate ratings, including instructor rating. The Operator shall maintain, during all business hours, a responsible person in charge to supervise its operations on the Airport, and authorized to represent and act for on behalf of the Operator. 7.8.2.10. Safetv Precautions. Operator shall take all appropriate safety precautions to provide safe environment for customers and employees. 7.8.2.11. Eauinment and Facilities. Operator shall provide equipment and facilities for services provided. 7.8.2.12. Chemical StoraQe. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and Airport Rules, requirements, and regulations. 7.8.2.13. Insurance Covera�e. All required insurance shall meet the requirements set forth in Section 6.3.14. 7.8.2.14. Snecial Provisions. None. 7.8.2.15. Waivers See Section 7.18 7.9. Flight Training Operators 7.9.1. Statement of Concept. A flight training Operator engages in instructing pilots in dual and solo flight training, in fixed or rotary wing aircraft, and provides such a related ground school instruction as is necessary for the preparation to take a written examination and flight check ride for the category or categories of pilot's licenses and ratings involved. 7.9.2. Minimum Standards - 7.9.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for: storage and display of aircraft: paved private auto parking; paved aircraft apron; a paved pedestrian walkway: and all storage, utilities and support facilities. 7.9.2.2. HanQars and Other Buildin�s. The Operator shall lease or construct hangar facilities providing at least 10,000 sauare feet of aircraft storage and at least 1,000 square feet of properly lighted, heated and air conditioned space for offices, public lounge, public restroom, and public telephones. 7.9.2.3. Taxiwav Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. 37 2011 Airport Rules Governing Use (Policy Manual) NOTE: With the prior written permission of the Airport the requirements of "7.9.2.1. through 7.9.2.3." above may be satisfied by a sublease of such space from another commercial Operator at the Airport. 7.92.4. Auto ParkinQ. Paved private auto parking 7.9.2.5. Services Provided. Provide services for flight training, engages in instructing pilots in dual and solo flight training, in fixed or rotary wing aircraft, and provides such a related ground school instruction as is necessary for the preparation to take a written examination and flight check ride for the category or categories of pilot's licenses and ratings involved. 7.9.2.6. Licenses and/or Certifications. 7.9.2.7. Aircraft. The Operator shall have available for use in flight training, either owned or under exclusive written lease to Operator, not less than three (3) properly certificated aircraft, at least one (1) of which must be a twin-engine aircraft fully equipped for flight instruction. One (1) of the required aircraft must be equipped for and capable of use in instrument flight instruction. Copies of any lease agreements for aircraft not owned by Operator shall be provided to the Executive Director. 7.9.2.8. Hours of Operation. Weather permitting, the Operator shall have its facilities open and services available no less than eight (8) hours daily, six (6) days per week. The Operator shall make provisions for someone to be in attendance in the office at all times during the required operating hours. The Operator shall provide for "on-call" services during off hours. 7.9.2.9. Personnel. The Operator shall employ, on a full-time basis, at least one (1) flight instructor who is properly certificated by the FAA to provide the type of training desired. The Operator shall also provide at least one (1) current, properly certificated flight instructor who is available on call on a part-time basis. The Operator's facility shall be certificated by the FAA as a pilot school. The Operator shall maintain, during all business hours, a responsible person in charge to supervise its operations on the Airport, and authorized to represent and act for and on behalf of the Operator. 7.9.2.10. Safety Precautions. Operator shall take all appropriate safety precautions to provide safe environment for customers and employees. 7.9.2.11. EQUipment and Facilities. The Operator shall provide classroom facilities for at least ten (10) students, and be equipped with adequate mock-ups, pictures, slides, film strips, movies, video tapes or other visual and effective ground school instruction. All materials, supplies and training methods must meet FAA requirements for the type of training offered. The Operator shall maintain a current or provisional FAA 141 Certificate. 7.9.2.12. Chemical Storaee. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and Airport Rules, requirements, and regulations. 7.9.2.13. Insurance Coveraee. All required insurance shall meet the requirements set forth in Section 6.3.14. 7.9.2.14. Svecial Provisions. None 7.9.1.15. Waivers. See section 7.18 7.10. Special Aircraft Repair Services (Radios, Instruments, Propellers, Painting, Upholstery, Accessories, etc.) Operators 38 2011 Airport Rules Governing Use (Policy Manual) 7.10.1. Statement of Concept. A Specialized Aircraft Repair Service Operator engages in the business of, and provides a shop for, the repair of aircraft radios, avionics, instruments, propellers, accessories, painting, upholstery and similar aircraft components and support services. This category of Operator also includes the sale of new and/or used components of the above nature, but such is not an exclusive right. The Operator shall obtain and maintain all appropriate repair shop certificates and ratings issued by the FAA. The Operator may furnish one or any combination of the above listed services. 7.10.2. Minimum Standards 7.10.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for: buildings and hangars paved private auto parking; paved aircraft apron; a paved pedestrian walkway: and all storage, utilities and support facilities. 7.10.2.2. Hangars and Other Buildin�. The Operator shall lease or construct hangar facilities providing at least 10,000 square feet of aircraft storage and working area, and at least 800 sauare feet of properly lighted, heated and air conditioned space for offices, public lounge, public restroom, and public telephones. 7.10.2.3. Taxiwav Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. NOTE: With the prior written permission of the Airport the requirements of "7.10.2.1. through 7.10.2.3." above may be satisfied by a sublease of such space from another commercial Operator at the Airport. 7.10.2.4. Auto ParkinQ. Paved private auto parking 7.10.2.5. Services Provided. The Operator shall provide necessary and satisfactory arrangements for repair and servicing of aircraft. The Operator shall provide an adequate inventory of spare parts for the type of aircraft Radios, Instruments, Propellers, Painting, Upholstery, Accessories, etc. installed. 7.10.2.6. Licenses and/or Certifications. Aircraft repair service Operators shall hold applicable licenses or permits that may be required by any law or regulation to perform services permitted. 7.10.7.7. Aircraft None 7.10.2.8. Hours of Operation. The Operator shall have its facilities open and services available no less than eight (8) hours daily, five and one-half (5) days per week, including one- half (1/2) day on Saturday mornings. The Operator shall make provisions for someone to be in attendance in the office at all times during the required operating hours. The Operator shall provide for mechanical services during off hours, nights and holidays through an"on- call" system, answering service or pager. 7.10.2.9. Personnel. The Operator shall employ, and have on-duty during the appropriate business hours, trained personnel in such numbers as are required to meet the Minimum Standards set forth herein in a safe and efficient manner, but never less than one (1) person currently certified by the FAA with ratings for radio avionics, instrument or propeller repair, plus at least one (1) other repair person, not necessarily rated. The Operator shall maintain during all business hours, a responsible person in charge to supervise its operations on the Airport and with the authorization to represent and act for and on behalf of the Operator. 39 2011 Airport Rules Governing Use (Policy Manual) 7.10.2.10. Safetv Precautions. The Operator shall conduct all maintenance operations in accordance with applicable Airport Rules and Regulations; National Fire Protection Association, County fire, electrical, building and zoning codes; and other applicable governmental safety regulations. No major maintenance operations or business activities shall be permitted at any time inside "T-hangars" or other structures not designated for such functions. 7.10.2.11. Equipment and Facilities. The Operator shall provide all equipment necessary to the proper performance of installation and maintenance services in accordance with applicable FAA and Federal Communications Commission regulations and manufacturers specifications. 7.10.2.12. Chemical Stora�e. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and airport rules, requirements, and regulations. 7.10.2.13. Insurance Covera�e. All required insurance shall meet the requirements set forth in Section 6.3.14. 7.10.2.14. Special Provisions. None 7.10.2.15. Waivers. See Section 7.18 7.11. Aircraft Charter and Air Taxi Services Operators 7.11.1. Statement of Concept. An aircraft Charter and Air Ta1ci Operator engages in the business of providing air transportation of persons or property to the general public for hire, either on a charter basis, or as an Air Taxi Commercial Operator (ATCO), as defined by the FAA. 7.11.2. Minimum Standards 7.11.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for buildings and hangars; paved private auto parking; paved aircraft apron; a paved pedestrian walkway: and all storage, utilities and support facilities. 7.11.2.2. Hanears and Other Buildin�s. The Operator shall lease or construct hangar facilities providing at least 10,000 square feet of aircraft storage and at least 800 sauare feet of properly lighted, heated and air conditioned space for offices, public lounge, public restroom, and public telephones and for adequate processing of passengers, their luggage and/or freight. 7.11.2.3. Taxiway Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taa�iway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. NOTE: With the prior written permission of the Airport the requirements of "7.11.2.1. through 7.11.2.3.?" above may be satisfied by a sublease of such space from another commercial Operator at the Airport. 7.11.2.4. Auto Parkin¢. Paved private auto parking 7.11.2.5. Services Provided. Operator provides air transportation of persons or property to the general public for hire, either on a charter basis, or as an Air Taxi Commercial Operator (ATCO), as defined by the FAA. 7.11.2.6. Licenses and/or Certifications. Operator maintains licenses and certifications for providing aircraft charter and taxi services. 40 2011 Airport Rules Governing Use (Policy Manual) 7.11.2.7. Aircraft. The Operator shall provide and have based upon its leasehold, either owned by or under exclusive written lease to Operator, not less than two (2) properly certificated aircraft, at least one (1) of which must be a multi-engine aircraft. Aircraft shall be equipped for and capable of use under instrument conditions, be currently certificated and continuously airworthy. All aircraft must meet the requirements of the Air Taxi Commercial Operator certificate held by the Operator. Copies of any lease agreements for aircraft not owned by the Operator shall be provided to the Executive Director. 7.11.2.8. Hours of Operation. The Operator shall have its facilities open and services available no less than eight (8) hours daily, six (6) days per week. Service shall be available at other times through an "on -call", prior notice arrangement, answering service, or pager system. The Operator shall make provisions for someone to be in attendance in the office at all times during the required operating hours. 7.11.2.9. Personnel. The Operator shall employ, and have on-duty during the appropriate business hours, trained personnel in such numbers as may be required to meet the Minimum Standards set forth in a safe and efficient manner, but never less than two (2) persons who hold current FAA commercial pilot certificates with appropriate ratings to conduct the flight activities offered by the Operator. All flight crews shall be properly rated for the aircraft operated. The Operator shall provide reasonable assurance of a continued availability of qualified operating crews with a reasonable notice period. The Operator shall maintain, during all business hours, a responsible person in charge to supervise its operations on the Airport, and with the authorization to represent and act for and on behalf of the Operator. 7.11.2.10. Safetv Precautions. Operator shall take all appropriate safety precautions to provide safe environment for customers and employees. 7.11.2.11. Equinment and Facilities. Operator shall provide equipment and facilities for services provided. 7.11.2.12. Chemical Stora�e. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and Airport Rules, requirements, and regulations. 7.11.2.13. Insurance CoveraQe. All required insurance shall meet the requirements set forth in Section 6.3.14. 7.11.2.14. Special Provisions. The Operator shall have a current FAR Part 135 Certificate or a provisional Part 135 Certificate. 7. 11.2.15 Waivers See section 7.18 7.12. Specialized Commercial Flying Services (SCFS) Operators 7.12.1. Statement of Concept. Specialized Commercial Flying Services Operator engages in air transportation for hire for the purposes of providing the use of aircraft for one or more of the activities including, but not limited to those listed below: 7.12.1. L Non-stop sightseeing flights that begin and end at the Airport; 7.12.1.2. Aerial photography or survey; 7.12.1.3. Power line or pipeline patrol; 41 2011 Airport Rules Governing Use (Policy Manual) 7.12.1.4. Fire fighting or fire patrol; 7.12.1.5. Air ambulance service; 7.12.1.6. Airborne mineral exploration; 7.12.1.7. Any other operations specifically excluded from Part 135 of the Federal Aviation Regulations. 7.12.2. Minimum Standards 7.12.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for buildings and hangars; paved private auto parking; paved aircraft apron; a paved pedestrian walkway: and all storage, utilities and support facilities. 7.12.2.2. Han�ars and Other Buildings. The Operator shall lease or construct hangar facilities providing at least 10,000 square feet of aircraft storage and at least 800 square feet of properly lighted, heated and air conditioned space for offices, public lounge, public restroom, and public telephones. 7.12.2.4. Taxiwav Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. NOTE: With the prior written permission of the Airport the requirements of "7.12.2.1. through 7.12.2.3." above may be satisfied by a sublease of such space from another commercial Operator at the Airport. 7.12.2.4. Auto Parkine. Paved private auto parking 7.12.2.5. Services Provided. Operator provides services for air transportation for hire for the purposes of providing the use of aircraft for one or more of the activities including, but not limited to those listed above. 7.12.2.6. Licenses and/or Certifications. Operator to maintain licenses and certifications required to provide services for air transportation for hire as described above. 7.12.2.7. Aircraft. The Operator shall provide and have based upon its leasehold, either owned by or under exclusive written lease to Operator, not less than one (1) properly certificated aircraft suitable equipped for, and meeting, FAA requirements for the type of services offered. 7.12.2.8. Hours of Operation. The Operator shall have its facilities open and services available no less than eight (8) hours daily, five (5) days per week. The Operator shall make provisions for someone to be in attendance in the office at all times during the required operating hours, or shall have an answering service, pager system or other acceptable method for the public to contact the Operator. 7.12.2.9. Personnel. The Operator shall employ, and have on-duty during the appropriate business hours, trained personnel in such numbers as may be required to meet the Minimum Standards set forth in a safe and efficient manner, but never less than one (1) person having current commercial pilot certificates with appropriate ratings for the aircraft to be flown. 7.12.2.10. Safetv Precautions. Operator shall take all appropriate safety precautions to provide safe environment for customers and employees. 42 2011 Airport Rules Governing Use (Policy Manual) 7.12.2.11. Equipment and Facilities. Operator shall provide equipment and facilities for services provided. 7.12.2.12. Chemical Storase. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and Airport Rules, requirements, and regulations. 7.122.13. Insurance CoveraQe. All required insurance shall meet the requirements set forth in Section 6.3.14. 7.12.2.14. Special Provisions. None 7.12.2.15. Waivers See section 7.18 7.13. Aerial Applications (Crop Dusting) or Other Chemical Applications Operators 7.13.1. Statement of Concept. An Aerial Application Operator engages in the crop dusting, agricultural spraying or other commercial use of chemicals with the use of special -equipped aircraft. 7.13.2. Minimum Standards 7.13.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for: hangars and other buildings; paved private auto parking; paved aircraft apron; a paved pedestrian walkway; chemical loading, cleaning and servicing area; parking space for loading vehicles and equipment, storage, utilities and support facilities. 7.13.2.2. Hangars and Other Buildings. The Operator shall lease or construct hangar facilities providing at least 10,000 square feet of aircraft storage and working area, and at least 800 square feet of properly lighted, heated and air conditioned space for offices, public lounge, public restroom, and public telephones. 7.13.2.3. Taxiway Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards far the largest aircraft type anticipated to use the Operator's facility. 7.13.2.4. Auto Parkine. Paved private auto parking. 7.13.2.5. Services Provided. An Aerial Application Operator provides such services as crop dusting, agricultural spraying or other commercial use of chemicals with the use of special -equipped aircraft. 7.13.2.6. Licenses and/or Certifications. Operator shall hold an agricultural aircraft operator's certificate issued by the FAA under part 137, and shall comply with the applicable requirements of any governmental regulatory agencies including, but not limited to EPA, Department of Environmental Quality and Counry regulations. 7.13.2.7. Aircraft. Aircraft specially equipped for the aerial spraying of chemicals. 7.13.2.8. Hours of Operation. The Operator shall be available "on call" twenty - four (24) hours per day during the normal aerial application season. 43 2011 Airport Rules Governing Use (Policy Manual) 7.13.2.9. Personnel. The Operator shall employ no less than one (1) person holding a current FAA commercial pilot certificate and properly rated for the aircraft being used, and who meets the requirements of FAA Part 137 Regulations and applicable regulations of the State. 7.13.2.10. Safetv Precautions. Operator shall comply with the applicable requirements of any governmental regulatory agencies including, but not limited to EPA, Department of Environmental Quality and County regulations. 7.13.2.11. Equipment and Facilities. Operator shall provide specialized equipment and facilities for services provided. 7.13.2.12. Chemical Stora�e. The Operator shall provide a segregated chemical storage area protected from public access if located on the Airport such that it will provide the greatest safeguard to the public. The Operator shall provide tank trucks for the handling of liquid spray and mixing liquids and shall provide adequate ground equipment for handling and loading of dusting materials. All aspects of the Operator's proposed operations must meet with the approval of environmental and governmental agencies. Due to potential hazard posed by the chemicals and corrosives used in agricultural spraying and aerial applications, Operator's leasehold must be utilized for that sole purpose, and may not be combined with a facility providing any other aviation service. The Operator shall conform to all federal, state, Airport or governmental agency laws, ordinances or regulations applicable to the safety and environmental protection of services offered. The Operator shall be responsible for supplying waste disposal systems as mandated by all governmental and regulatory agencies. 7.13.2.13. Insurance Coveraee. All required insurance shall meet the requirements set forth in Section 6.3.14. 7.132.14. Special Provisions. None 7.13.2.15. Waivers See Section 7.18 7.14. Multiple Specialty Services (MSS) Operators 7.14.1. Statement of Concept. A Multiple Service Specialty Operator engages in any two (2) or more of the aeronautical services for which Minimum Standards have been provided in this Section. The sale of aviation fuels and lubricants, and aircraft line services, are not included in this category. These functions are reserved solely to Full Service Fixed Base Operators, as set forth in Section 7.15 7.14.2. Minimum Standards 7.14.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for: hangars and other buildings; paved private auto parking; paved aircraft apron; a paved pedestrian walkway, and all storage, utilities and support facilities. 7.14.2.2. Hangars and Other Buildin�s. The Operator shall lease or construct hangar facilities providing at least 12,000 square feet of aircraft storage and working area, and at least 2,500 sauare feet of properly lighted, heated and air conditioned space for offices, workshops, public lounge, public restroom, and public telephones, storage and customer processing. If flight training is one of the multiple services offered, the Operator shall provide classroom and briefing room facilities in aforementioned buildings. 44 2011 Airport Rules Governing Use (Policy Manual) 7.14.2.3. Taxiwav Access. The Operator shall provide paved access from its facilities to the Airport's TaYiway system. Such TaYiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. 7.14.2.4. Auto Parkin�. Paved private auto parking. 7.14.2.5. Services Provided. A Multiple Service Specialty Operator provides any two (2) or more of the aeronautical services for which Minimum Standards have been provided in this Section. 7.14.2.6. Licenses and/or Certifications. Operator will maintain licenses and certifications required for individual aeronautical services. 7.14.2.7. Aircraft The Operator shall comply with the aircraft requirements, including the equipment thereof, for each aeronautical service to be performed; however, multiple uses can be make of all aircraft except aircraft used for crop dusting, aerial application or other commercial use of chemicals. In order to meet these requirements, a minimum of two (2) aircraft must be owned for exclusively leased in writing and under the direct control of the Operator and based on the Operator's leasehold. Copies of any lease agreements shall be provided to the Executive Director. 7.14.2.8. Hours of Operation. The Operator shall adhere to the hours of operation required elsewhere in the Minimum Standards for each aeronautical service being performed. 7.14.2.9. Personnel -The Operator shall employ and have on duty during the appropriate business hours, trained personnel in such numbers as are required to meet the Minimum Standards for each aeronautical service Operator is performing as herein above provided. Multiple responsibilities may be assigned to meet the personnel requirements for each aeronautical service being performed by the Operator. 7.14.2.10. Safetv Precautions. - Operator shall take all appropriate safety precautions to provide safe environment for customers and employees as required for individual aeronautical services. 7.14.2.11. Eauinment and Facilities. The Operator shall provide the facilities, equipment and services required to meet the Minimum Standards as herein before provided or each aeronautical service the Operator is performing. 7.14.2.12. Chemical StoraQe. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and Airport Rules, requirements, and regulations. 7.14.2.13. Insurance Coveraee. The Operator shall obtain, as a minimum, that insurance coverage which is equal to the highest single coverage requirement of all aeronautical services being performed by the Operator. All required insurance shall meet the requirements set forth in Section 6.3.14 7.14.2.14. Special Provisions. None 7.14.2.15. Waivers See Section 7.18 7.15. Fixed Base Operators (FBOs) 45 2011 Airport Rules Governing Use (Policy Manual) 7.15.1. Statement of Concept. A Fixed Base Operator engages in and may furnish a full range of aeronautical activities and services to the public which shall include, as a minimum, the following activities: 1. Sale and dispensing of aviation gasoline, fuels, and lubricants. 2. Aircraft line services and courtesy ramp assistance. 3. Aircraft hangar rentals, storage and tie-down space rentals. 4. Major aircraft, powerplant, engine and accessory repairs and maintenance. Only FBO's owned by the Airport and operated by Airport employees shall be permitted to engage in the public business of sales and dispensing of aviation fuels and aircraft line servicing. The Airport holds the exclusive right to provide this service. 7.15.2. Minimum Standards 7.15.2.1. Land. The Operator shall lease from the Airport an area of not less than 430,560 spuare feet (ten acres) of land to provide space for: hangars and other buildings; paved private auto parking; paved aircraft apron; a paved pedestrian walkway; fuel farm storage facilities; and all storage, servicing utilities and support facilities. 7.15.2.2. Hangars and Other BuildinQS. The Operator shall lease or construct hangar facilities providing at least 20,000 square feet of aircraft storage and at least 2,500 square feet of properly lighted, heated and air conditioned space for offices, public lounge and waiting room, pilot briefing room, public restroom, and public telephones. Suitable classroom facilities shall also be provided for flight training activities. 7.15.2.3. Taxiwav Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facilities. 7.15.2.4. Auto Parking. At least thirty (30) paved spaces shall be provided by the Operator within its leasehold. No on-street parking will be permitted. 7.15.2.5. Services Provided. The Operator shall provide all aeronautical activities and services as outlined in this section from its leasehold. The Operator may provide aircraft charter, aircraft rental, aircraft sales and flight training services. Operator is encouraged to provide these services under its corporate structure. The sale and dispensing of aviation fuels, line services; and open hangar rentals and aircraft storage shall be provided solely by the Operator. No subcontracting of these services shall be permitted. The Operator shall not operate, whether or not for charge, auto parking lot facilities for use by patrons of the airline passenger terminal buildings. 7.15.2.6. Licenses and/or Certifications. Operator to maintain all licenses and certifications required for services provided. 7.15.2.7 Aircraft. The Operator shall comply with the aircraft requirements, including the equipment thereof, for each aeronautical service to be performed; however, multiple uses can be made of all aircraft except aircraft used for crop dusting, aerial application or other commercial use of chemicals. In order to meet these requirements, a minimum of four (4) aircraft must be owned or 46 2011 Airport Rules Governing Use (Policy Manual) exclusively leased in writing and under the direct control of the Operator and based on the Operator's leasehold. Copies of any lease agreements shall be provided to the Executive Director. 7.15.2.8. Hours of Operation. The Operator shall provide aircraft fueling and line services twenty-four (24) hours a day, 7 days per week, including holidays or during such other hours as may be mutually agreed upon in writing by the Airport and Operator. Hours of operation for other required services shall meet the Minimum Standards for those specific aeronautical activities as set forth in this section of these Minimum Standards. 7.15.2.9. Personnel. The Operator shall employ, and have on-duty during the required hours of operation, an adequate number of properly qualified and, where applicable, licensed personnel to provide level of service commensurate with public demand for the aeronautical services offered by Operator. The office shall be attended at all times while the facility is open for business. Cross- utilization of personnel between aeronautical services performed will be permitted to the extent that personnel qualifications and licensing requirements are met and providing that a minimum personnel complement is maintained as follows: 7.15.2.9.1. A minimum of two (2) fully trained and qualified fuel service personnel shall be on duty at all times while the facility is open for business. 7.15.2.9.2. At least one (1) similarly qualified fuel service employee shall be "on call" during all hours. 7.15.2.9.3. All fuel service personnel shall be suitably uniformed with the name of the Operator thereon. Personnel for other required or offered aeronautical services shall meet the Minimum Standards for these specified activities as set forth in this section of these Minimum Standards. The Operator shall maintain, at all times, a responsible person in charge to supervise its operations on the Airport, and with the authority to represent and act on behalf of the Operator. 7.15.2.10. Safetv Precautions. Operator shall take all appropriate safety precautions to provide safe environment for customers and employees. 7.15.2.11. Equipment and Facilities. The Operator shall procure and maintain tools, jacks, tugs, towing equipment, tire repairing equipment, ground power units, emergency starting equipment, portable compressed air tanks, oxygen cart supplies, fire extinguishers, mobile passenger stairs, chocks, ropes, tie-down supplies, crew and passenger courtesy transportation vehicles and a "Follow-Me" vehicle, as appropriate and necessary for the servicing of aircraft types normally expected to use the Airport. The Operator shall also provide appropriate recovery services and equipment necessary to promptly remove disabled general aviation aircraft from the airfield of the largest type normally operating on the Airport. All equipment shall be maintained and operated in accordance with federal, state, and Airport Rules. 7.15.2.12. Chemical Stora�e. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and Airport Rules, requirements, and regulations. 7.15.2.13. Insurance Coveraee. All required insurance shall meet the requirements of set forth in Section 6.3.14. 7.15.2.14. Special Provisions/Requirements for Aviation Fuelin� Activities 7.15.2.14.1. Fuel Farm Storage Facilities. Tank farm storage facilities for aviation fuels in the minimum capacity of at least 5,000 alg lons of aviation gasoline and 50,000 �allons of turbine fuel shall be provided by Operator in a fuel storage area to be designated by the 47 2011 Airport Rules Governing Use (Policy Manual) Airport. Construction or alteration of the storage and distribution facilities shall be approved by the Executive Director in writing, and shall meet all safety standards of the aviation fueling industry and be acceptable to the FAA. The appropriate governmental agencies may inspect these facilities from time to time to assure compliance with applicable standards. 7.15.2.14.2. Mobile and Fixed Dispensin� Equipment. The Operator may provide pumps for dispensing aviation fuels from fixed dispensers, and/or shall provide at least one (1) mobile dispensing truck with a minimum of 750 gallons of aviation gasoline, and at least two (2) mobile dispensing trucks with a minimum of 1,500 gallons of turbine fuel. This equipment shall be approved by the Executive Director and shall meet all safety standards of the aviation fueling industry and the FAA. The metering devices must be inspected, checked and certified by the appropriate state and local agencies. All equipment may be inspected by the appropriate governmental agencies from time to time to ensure compliance with standards. 7.15.2.14.3. Safety Regulations. The Operator shall enter into a fueling agreement with the Airport. This agreement provides, among other things, for the payment of fuel flowage fees and record keeping; product quality control; operating and maintenance standards; fueling personnel training and testing; and safety procedures and standards for fueling operations. Fuel-handling personnel must attend training courses satisfactory to the Executive Director and receive periodic refresher training. The Operator shall also develop and maintain an SOP for aviation fueling operations and provide a current copy to the Executive Director. The Airport and the FAA may periodically conduct inspections and surveillance of Operator's activities and personnel to determine adherence to safe practices and all City Fire Codes. 7.15.2.14.4. Line Services. The Operator shall provide aircraft arrival guidance and lead in/ lead out services; aircraft repositioning; ground power and oxygen services; free on-airport courtesy transportation of passengers, crews and baggage; ground transportation and accommodation assistance; information services to passengers and crews; monitoring of LJNICOM frequency; "direct line" service to the nearest Flight Service Station; snack vending machines; emergency service to disabled aircraft on the Airport: and, if requested by the Executive Director, act as collection agent for the Airport with respect to landing fees and parking charges applicable to aircraft utilizing Operator's facility. 7.15.2.14.5. EQUipment. The Operator shall provide the facilities, equipment and services required to meet the Minimum Standards as herein provided for each aeronautical service the Operator is performing. 7.15.2.15. Waivers See Section 7.18. 7.16 Flying Club Ownership Regulations and Operators 7.16.1. Statement of Concept. A flying club or aero club is a not for profit, member run organization that provides its members with affordable access to aircraft. The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance and replacement of its aircraft and facilities. NOTE: For purposes of this definition, the Executive Director does not require a club to be organized to meet "non-profit" standards established by the Internal Revenue Service. 7.162. Minimum Standards 48 2011 Airport Rules Governing Use (Policy Manual) 7.16.2.1. Land. The Operator shall lease from the Airport an area of not less than 43,560 square feet (one acre) of land to provide space for storage and display of aircraft; paved aircraft apron; a paved aircraft pedestrian walkway; and all storage, utilities and support facilities. 7.16.2.2. Han�ars and Other Buildin�s. The Operator shall lease or construct hangar facilities providing at least 20,000 square feet of aircraft storage space, and at least 1,000 square feet of properly lighted, heated and air conditioned space for offices, public lounge, public restrooms and public telephones. 7.16.2.3. Taxiway Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. NOTE: With the prior written permission of the Airport the requirements of "7.16.2.1." through "7.16.2.3:' above may be satisfied by a sublease of such space from an FBO. 7.6.4. Auto Parking. Paved private auto parking. 7.16.2.5. Services Provided 7.16.2.5.1. There are two types of flying clubs equity flying clubs, and non-equity flying clubs. In an equity flying club, each member of the flying club "buys in" to the club and owns a share of all the club's aircraft. The member then pays both monthly dues, which cover the fixed costs of ownership (hangar, insurance, annual maintenance, etc.), and an hourly rate for his use the airplanes in the club. In a non-equity flying club, the members do not own a share of the aircraft. Members may still pay an initiation fee (usually much smaller than an equity flying club), a monthly fee to help cover the fixed costs, and an hourly rate to use the aircraft. 7.16.2.5.2. Additional services provided include flight training, flight planning facilities, pilot supplies and associated services. 7.16.2.6. Licenses and/or Certifications. Operator will maintain licenses and certifications necessary for services provided. 7.16.2.7. Aircraft. Number and type of aircraft to be determined by club membership. The ownership of the aircraft must be vested in the name of the flying club, and owned on a pro -rata basis by all of its members. The property rights of the members of the club shall be equal and no part of the earnings of the club shall inure to the benefit of any member in any form (such as salaries, bonuses, etc.). 7.162.8. Hours of Operation. As required for club operation. 7.16.2.9. Personnel. As required for club operation 7.16.2.10. Safetv Precautions. Operator shall take all appropriate safety precautions to provide safe environment for customers and employees. 7.16.2.11. Eguipment and Facilities. Operator shall provide equipment and facilities for services provided. 7.16.2.12. Chemical Stora�e. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and airport rules, requirements, and regulations. 49 2011 Airport Rules Governing Use (Policy Manual) 7.16.2.13. Insurance Covera�e. All required insurance shall meet the requirements set forth in Section 6.3.14. 7.16.2.14. Special Provisions/Reguirements for Flving Club Operators 7.16.2.14.1. A club's aircraft shall not be used by other than bona fide members of the club, and by no one for hire, charter or air taxi. 7.16.2.14.2. Flight instruction may be given in the club aircraft by one club member to another club member, providing no compensation is paid for instruction. Otherwise, flight instructions must be given by a commercial operator with a current operating agreement with the Airport. 7.16.2.14.3. Any qualified mechanic who is a registered club member and part owner of the aircraft owned and operated by a flying club shall be allowed to perform maintenance work on aircraft owned by the club, provided the club does not �ecome obligated to pay for such maintenance work, except what such mechanics may be compensated by credit against payment of club dues or flight time. 7.16.2.14.4. All flying clubs and their members are prohibited from leasing, selling, trading or bartering any goods or services whatsoever to any person or firm other than to a member of such club; except that a club may sell or exchange its capital equipment for replacement or liquidation purposes. 7.16.2.14.5. At time of application for an Airport lease or operating agreement, a flying club shall furnish the Airport a copy of its charter and by-laws, articles of incorporation, association, partnership agreement or other documentation supporting its existence; its roster or list of inembers, including names of officers and Commissioners to be revised on a semi -annual basis; evidence of insurance in the amounts determined by the Airport; number and type of aircraft; evidence that aircraft are properly certificated; evidence that ownership is vested in the club; and the operating rules of the club. The book and records of the club shall be available for review at any reasonable time by the Executive Director. 7.16.2.14.6. Authorized Activities. Flying clubs may not offer or conduct commercial operations, including, but not limited to, charter, air taxi, or rental of aircraft operations. They may not conduct aircraft flight instruction except for regular members and provided such instruction is offered by a registered member qualified as a flight instructor as set forth in this section of these Minimum Standards. Only members of the flying club may operate the aircraft. No flying club shall permit its aircraft to be utilized for giving of flight instruction to any person, including members of the club owning the aircraft, when such person pays or becomes obligated to pay for such instruction, except. when instruction is contracted from a flight instructor who is authorized by the Executive Director to do business at the Airport. Any qualified mechanic who is a registered member and part owner of the aircraft owned and operated by a flying club shall not be restricted from doing maintenance work on aircraft owned by the club; however, the club shall not pay for such maintenance work, except that such mechanics and instructors can be compensated by credit against payment of dues or flight time. . 7.162.14.7. All flying clubs and their members are prohibited from leasing or selling any goods or services whatsoever to any person or film other than a member of st�ch club at the Airport except that said flying club may sell or exchange its capital equipment. 50 2011 Airport Rules Governing Use (Policy Manual) 7.16.2.14.8. Violations. Flying clubs shall abide by and comply with all federal, state and local laws, ordinances, regulations including, but not limited to, those relating to tax, fire, building, and safety matters; and these Rules. In the event that a club violates any of the foregoing or any of these Minimum Standards, or permits any of its members to do so, the Executive Director shall notify the club in writing of such violations. If the club fails to correct such violations within 15 days, the Airport may demand the club's removal from the Airport or may take such other action deemed advisable by the General Counsel's office. After receiving notification of a deficiency from the Executive Director, the flying club will have thirty (30) days to take the corrective action needed to cure the deficiency. If corrective actions are not taken within a thirty -(30) day period; or if any second deficiency occurs within a twelve-month period following a notification of deficiency, the Executive Director will begin revocation procedures. 7.16.2.14.9. Upon determining that a ground for revocation of the flying club's permit exists, the Executive Director shall provide written notice of revocation to the operator, which shall be effective after fifteen (15) days. However, if continuance of the flying club affords an immediate risk to the public health, welfare, or safety, or interferes with another permitted activity at the Airport, the revocation shall be effective when issued. 7.16.2.14.10. Insurance Coverage. In addition to insurance requirements identified in Paragraph 63.14, the flying club shall submit with its application proof that adequate public liability and property damage insurance is provided in sufficient amounts needed to protect the operation and the Airport and its officers, agents, and employees from legal liabilities resulting from this activity. Proof of insurance shall be updated annually by the club. 7.16.2.14.11. Indemnification. In addition to indemnification requirements identified in Paragraph 6.3.15 above, the flying club shall indemnify and hold the City and its officers, elected officials, agents and employees, harmless from and against all claims, actions, liabilities, and costs, including costs of defense, arising out of or in any way related to the club's activities at the Airport, the club's failure to comply strictly with any provision of these rules or the club's lease or permit with the Airport, or of any other actions ar failure to act by the club and the club's members, agents, officers and contractors. In the event any such action or claim is brought against the Airport, the club shall, if the City so elects and upon tender by the City, defend the same at the club's sole expense and cost, promptly satisfy any judgment adverse to the City or to the City and club jointly, and reimburse the City for any loss, cost, damage or expense suffered or incurred by the City, including any legal fees, or fines paid to the FAA or any other governmental agency arising from the club's activities. 7.16.2.15. Waivers See Section 7.18 7.17. Corporate/Privately Owned Hangar Operator 7.17.1. Statement of Concept. An Operator who desires to operate from privately- owned hangars for its own aircraft, such as aircraft tie-down and parking, shall meet the following minimum operating standards: 7.17.2. Minimum Standards. 7.17.2.1. Land. The leasehold shall contain not less than 43,560 scLuare feet of land to provide space for: all buildings; paved aircraft apron; paved private employee automobile parking of at least 15 spaces, vehicular driveways and services access ways, minimum building setbacks from edges of the leasehold. In addition to the minimum leasehold requirement for hangar facilities, the Operator shall provide, at its own expense, paved Taxiway access to the Airport's existing Taxiway 51 2011 Airport Rules Governing Use (Policy Manual) system. Such taxiways provided by Operator shall be constructed in full conformance with applicable Airport and FAA standards for the largest type of aircraft expected to use the Taxiway. 7.17.2.2. Hangars and Other Buildin�s. A building shall be leased or constructed which will provide a minimum of 20,000 square feet of aircraft storage space, plus properly heated space for workshops, offices, storage, employee lounge area and indoor restroom facilities. The total building area shall be at least 20.000 sauare feet. The paved aircraft -parking apron shall be at least 5,000 square feetin area. 7.17.2.3. Taxiwav Access. The Operator shall provide paved access from its facilities to the Airport's Taxiway system. Such Taxiway access shall meet all applicable Airport and FAA standards for the largest aircraft type anticipated to use the Operator's facility. 7.17.2.4. Auto Parkin�. Paved private auto parking 7.17.2.5. Services Provided/Permitted. Operator may hangar, tie-down, adjust, repair, clean and otherwise service its own aircraft, provided it does so with its own employees. Except as provided herein, operator shall not sell, barter, trade, share, sub-lease or in any other manner provide hangar space to any other Airport tenant or user, or to any other aircraft except those aircraft owned or leased for the exclusive use of the tenant designated in the Airport lease agreement. Operator shall use the leased premises solely for storage, maintenance and servicing of its own aircraft. Except as provided herein, no commercial activity of any kind shall be permitted on the premises. No aeronautical services of any kind except operation and servicing of its own aircraft shall be permitted on the premises. Commercial activity is herein defined as the operation of any business for the exchange, trading, buying, hiring, selling or bartering of any commodities, goods, services or property of any kind or any other revenue-producing activity, whether or not a profit if produced. Hangar, office, shop or ramp space shall not be shared, subleased or used by anyone other than the Operator of the Premises. Operator shall not exercise any other rights or privileges reserved to FBOs or SSO at the Airport under these Minimum Standards. 7.17.2.6. Licenses and/or Certifications. Operator will maintain licenses and certifications as required for services provided. 7.17.2.7. Aircraft. As required by operator. 7.17.2.8. Hours of Operation. As required by Operator. 7.17.2.9. Personnel. Properly trained and certificated persons shall be on duty during all hours of operation. Operator shall submit to the Executive Director evidence of the training in safety procedures received by each person who will conduct aviation fuel dispensing operations on its premises. 7.17.2.10. Safety Precautions. The Operator shall conduct all maintenance operations in accordance with applicable Airport Rules; National Fire Protection Association, FAA regulations and other applicable governmental safety regulations. No major maintenance operations or business activities shall be permitted at any time inside "T-hangars" ar other structures not designated for such functions. 7.17.2.11. Equipment and Facilities. As required by Operator. 7.17.2.12. Chemical Storage. Operator shall provide chemical storage in accordance with all applicable federal, state, local, and Airport Rules, requirements, and regulations. 52 2011 Airport Rules Governing Use (Policy Manual) 7.17.2.13. Insurance CoveraQe. All required insurance shall meet the requirements set forth in Section 63.14. 7.18.2.14. SUecial Provisions/Requirements for Corporate Owned Han�ar Operators 7.17.2.14.1. Only one (1) tenant shall be permitted to lease, use and occupy a hangar and its related facilities. 7.17.2.14.2. No subleasing of hangar, office, shop, or ramp space shall be permitted without written permission of the Airport Executive Director. 7.17.2.14.3. Aircraft based and serviced upon the premises shall be directly owned by, or exclusively leased in writing for a minimum period of six (6) months to the tenant. No aircraft owned, leased, borrowed or otherwise used by employees of the tenant shall be permitted on the premises. 7.17.2.14.4. All maintenance and service work conducted on the premises and performed on the tenant's aircraft shall be performed only by direct, full -time permanent employees of the tenant, or by commercial aircraft service operators (FBOs or SSOs) based upon the Airport which have written agreements with the Airport authorizing such Operators to conduct said activities. 7.17.2.14.5. A tenant must be a person, individual, firm, company, corporation, or partnership, organized under state law with a specific legal identity and corporate purpose as registered with the Secretary of State in such tenant's state of corporate residence. Said corporate purpose shall not in any way, shape or form be related to the use, ownership, maintenance or operation of aircraft or hangar activities, or to any commercial aviation activity or enterprise. The use and ownership of a tenanYs aircraft must be incidental and not relative to the corporate purpose of the tenant. 7.17.2.15. Waivers See Section 7.18 7.18. Waivers. The Airport may, in its sole discretion, waive all or any portion of the Minimum Standards set forth herein for the benefit of any government or governmental agency performing non-profit public services to the aircraft industry, for use in performing services to the general public in time of emergency, or performing public service to the aircraft industry, or performing emergency medical or rescue services to the public by means of aircraft, or performing fire prevention or firefighting operations. The Airport may further temporarily waive any of the Minimum Standards for non-governmental Operators where the Airport, in its sole discretion, deems such waiver to be in the best interest or welfare of the Airport's operation. 7.19. Ploneers. When an Operator wishes to qualify as a SSO in order to provide specific services not already provided at the Airport, the foregoing Minimum Standards may be modified for a limited period of time. It is the express purpose of this provision to encourage the expansion of services at the Airport where such services do not already exist, and only of the extent and for the period of time necessary to create and inducement to the establishment of such services. 7.19.1. Many types of aeronautical services may exist which are too varied to reasonably permit the establishment of specific minimum standards for each. When specific aeronautical services are proposed which do not fall within the categories heretofore documented minimum standards will be 53 2011 Airport Rules Governing Use (Policy Manual) developed on a case-by-case basis, taking into consideration the desires of the operator, the needs of the operator and the demand for such services. 7.19.2. These Minimum Standards shall not apply to commercial Operators at the Airport, which have a current, valid lease and/or use agreement with the Airport on the effective date of this Article. However, these Minimum Standards shall apply after any lease and/or agreement with the Airport expires or is terminated or if the Operator wishes to modify, delete, increase or expand its services. This provision, however, shall not pertain to subtenants of a primary FBO unless such subtenants were to relocate to Airport leasable property. 7.193. Minimum Standards for such Operator shall be produced upon the nature of its initial business venture. If, at a later date, the business is expanded to encompass new and additional types of services, then, in such event, the Minimum Standards established for these additional services shall immediately apply. 7.19.4. In the event of an Operator desiring to sublease space to another company to provide one or more commercial aeronautical services and activities, the following conditions shall apply: 7.19.4.1. Prior to finalizing an agreement, the Operator and proposed sub -lessee shall obtain the written approval of the Airport for the sublease and the type of business and service to be offered by the sub-lessee Operator. 7.19.42. The sub-lessee Operator shall meet all the Minimum Standards established by the Airport for the Category or categories of services to be furnished. The Minimum Standards may be met in combination between the lessee Operator and the sub-lessee Operator. The sublease agreement shall specifically define those services to be provided by the Operator to sub-lessee that shall be used to meet the Minimum Standards. 7.19.4.3. The sub-lessee Operator shall enter into an Agreement with the FBO. Such agreement shall be appropriate to the particular type of services to be provided by the sub -lessee Operator. The agreement shall provide for payment by the sub-lessee Operator to the Airport Use Fees pertinent to the types of services offered through the FBO. 7.19.4.4. The sub-lessee Operator shall provide evidence of minimum insurance coverage's required by the Airport for the categories of service to be offered. 7.19.4.5. The lessee Operator may be required to pay the Airport additional fees, which will be negotiated, based upon the extent that the lessee's premises are to be subleased and the types of services that the sub-lessee Operator proposes to furnish instead of being furnished by the lessee Operator. 8. GROUND TRANSPORTATION SERVICES 8.1. Authorized Activities 8.1.1. Any person engaging in a ground transportation activity shall obtain a permit to do so from the Aviation Commission. In particular, a permit shall be required for operators of taxicabs, limousines, vans, and buses who pick up passengers or cargo at the Airport for transportation to an off- Airport destination. 8.1.2. Passenger and cargo pick up shall occur only in the areas designated by the Executive Director. 54 2011 Airport Rules Governing Use (Policy Manual) 8.2. Permit Conditions 8.2.1. The Aviation Commission may impose such conditions and requirements on a ground transportation activity permit as it deems necessary to protect the public interest. Such conditions shall include at a minimum: identification of the vehicles to be used, requirements on posting rates and certificates, operational and maintenance requirements for such vehicles, restrictions on driver conduct and dress, insurance, and indemnification. 8.2.2. Ground transportation permits shall be issued and revoked under the procedures set out in Section 9 and 10 of these rules. 8.3. Limitation on Number of Permits 8.3.1. The Executive Director is authorized to limit the number of permits issued for a particular ground transportation activity whenever such a limitation would serve the public interest. In exercising his/her authority, the Executive Director shall consider: 8.3.1.1. Whether an exclusive permit or limitation on the number of permits is necessary in order to provide consistent, reliable, convenient and relatively inexpensive transportation service to persons who arrive at and leave the Airport; 8.3.1.2. Whether congestion on Airport access roads or passenger pick up areas requires limiting the number of vehicles of a particular type or function using those areas; and 8.3.1.3. Such other factors, as the Executive Director deems relevant. 8.3.2. The determination of the Executive Director on the need for limiting the number of permits for a particular ground transportation activity shall be in writing and shall be based on whatever investigation and record the Aviation Commission deems appropriate. 8.3.3. Whenever a limitation is placed on the number of permits issued for a particular ground transportation activity, the Aviation Commission shall use competitive processes in the award of the permit or permits for that activity. The competitive process may be public bidding, requests for proposals, requests for quotations, informal solicitation, or whatever process the Aviation Commission determines is likely to maximize revenue and minimize costs, discourage favoritism and increase competition in the award of the permits. 8.4. Ground Transportation Activity Permit Fees 8.4.1. Fees for particular types of ground transportation activity permits shall be set by the Executive Director using notice and comment procedures. The decision of the Executive Director as approved by the Commission on the amount of the permit shall be final. 8.4.2. In determining the amount of the fee for particular types of ground transportation activity permits (e.g., taxicabs, limousines or vans for off-Airport car rental agencies, etc.), the Executive Director shall consider: 8.4.2.1. The amount charged for such permits in the past; 8.4.2.2. Comparable amounts or rates, if any, charged by other airports; 8.4.23. The consideration paid by comparable users of the Airport; 8.4.2.4. The revenue needs of the Airport; 55 2011 Airport Rules Governing Use (Policy Manual) 8.4.2.5. The need to create incentives for business to locate and operate at the Airport; 8.4.2.6. The benefits obtained by the business from its operations at the Airport; and 8.4.2.7. The need for a variety of economically viable transportation activities at the Airport. 9. REQUEST FOR PERMIT OR LEASE 9.1. Request. Requests for a permit or ground lease on the Airport, or for permission to carry on any commercial aeronautical business to serve the public on the Airport, shall be made to the Executive Director by delivering all necessary permits and licenses to the Administration Office in triplicate. The request shall be in sufficient detail to discern the complete qualifications of the applicant to perform the desired service and shall include the following: 9.1.1. A written synopsis detailing nature of the proposed activity including: 9.1.1.1. The name, address, and telephone number of the applicant; 9.1.1.2. A detailed description of the proposed operation that will serve the public including the proposed date of commencement of services; 9.1.1.3. The professional qualifications of personnel who will manage and/or operate the proposed operation; 9.1.1.4. Descriptions and cost estimates of any proposed capital improvements on the operation site. 9.1.2. A current financial statement prepared or certified by an independent certificated public accountant. The Executive Director shall consider financial statements in evaluating the applicant's financial ability to provide responsible, safe and adequate service to the public. 9.1.3. A written listing of the assets owned, leased, or being purchased, which will be used in the business of the airport. Copies of any leases or purchase contracts must be attached. 9.1.4. A written agreement that the applicant will execute such forms, releases, or discharges as may be requested by the FAA, the Aviation Commission administrators, or deparhnents of all states which the applicant has engaged in aviation business, to release information in their files relating to the applicant or its operation. 9.1.5. The request shall be signed and submitted by the owner of the business if a sole proprietorship, every partner if a partnership, and the President or CEO if a corporation. 9.1.6. The applicant agrees to provide any additional information and material necessary or requested by the Executive Director, to establish to the satisfaction of the Aviation Commission that the applicant can qualify and will comply with these minimum standards. 9.1.7. If requested by the applicant, the Executive Director shall hold the financial information included with the documents separate from the request and not available for public inspection to the extent covered by the Georgia Open Records laws. 56 2011 Airport Rules Governing Use (Policy Manual) 9.2. Fee. The request shall be accompanied by a fee set by the Executive Director. 9.3. Review of Request. A request shall be allowed or denied within 45 days after receipt of all the required documents. The request may be approved i£ 9.3.1. The requested operation is consistent with the Airport Master Plan, and relevant provisions of federal, state and local laws and rules; and 9.3.2. The requested operation would enhance the health, welfare and safety of users of the Airport. In reviewing a request, the Aviation Commission may consider whether: 9.3.3. The applicant's past or present violation of laws or regulations presents a reasonable doubt about the applicant's ability to conduct activities at the Airport without endangering property or the public's health or safety; 9.3.4. The applicant possesses insufficient skill or expertise to conduct the desired activity; 9.3.5. Allowance of the request will require the expenditure of public funds in connection with the proposed operation; 9.3.6. There is appropriate, adequate, or available space or building on the Airport to accommodate the entire activity of the applicant at the time of request; 9.3.7. Development or use of the area requested by the applicant will unduly interfere physically with existing operations at the Airport; 9.3.8. The applicant has supplied the Airport with false information or has misrepresented a material fact in the request; 9.3.9. The applicant has defaulted in the performance of any lease, permit, or other agreement with the Airport; 9.3.10. The applicant does not appear to have, or have access to, the finances necessary to conduct the proposed operation for a minimum period of six months; 9.3.11. The applicant has history of not paying debts when due; or 93.12. The applicant is unwilling to execute a permit or lease in the form and containing the provisions required by the Airport. Nothing contained herein shall be construed to prohibit the Airport from granting or denying, for any reason it deems sufficient, a request to do business on the Airport or to use any area of the Airport. 9.4. Action on Request. The Aviation Commission shall issue a written decision approving or denying each application. Approval will be conferred by issuance of a permit or lease. Denial will be by written communication, identifying the reasons for the decision of the Aviation Commission for denying the request. 9.5. Charges and Rents. The permit or lease shall provide for the periodic payment to the Airport of a sum based on the following: 57 2011 Airport Rules Governing Use (Policy Manual) 9.5.1. The amount charged for such use in the past; 9.5.2. Comparable amounts or rates, if any, charged by other airports; 9.5.3. The amounts paid or benefits given by comparable users of the Airport; and 9.5.4. The revenue needs of the Airport. 9.6. Operating Agreements. The provisions of Rules 9.1 to 9.5 do not apply to operating agreements for the following operators. Use of the airfield shall be allowed for such entities subject to federal and state law and to reasonable conditions for such use imposed in an operating agreement. 9.6.1. Aircraft Charter i.e., the provision of aircraft for hire, with pilot, on an irregular or unscheduled basis in accordance with FAR Part 121, which aircraft has a minimum seating capacity of 60 or more passengers; 9.6.2. Air Commuter Service, i.e., operation of aircraft in accordance with FAR Part 135, providing carriage for persons or property for hire in an aircraft having a maximum seating capacity of less than 20 passengers or a maacimum payload capacity of 6,000 pounds (for interstate transport) or an aircraft having a maximum seating capacity of less than 30 passengers or a maximum payload capacity of less than 7,500 pounds ( for interstate transport), which operations performs at least five round trips per week between two or more points and publishes flight schedules which specify the times, days of the week, and points between which flights are performed. 10. REVOCATION OF PERMIT OR LEASE 10.1. Grounds for Revocation. Unless otherwise provided in the lease or permit, the Aviation Commission may terminate any lease or revoke any permit upon the happening of any of the following: 10.1.1. Failure of operator to pay any rental, fee or other charge when due and within seven (7) days after notices from the Airport of such nonpayment; 10.1.2. Failure of the operator to comply with any provision of these Rules or with any provision of the lease or permit within thirty (30) days after notice from the Airport specifying the nature of the deficiency with reasonable particularity and the corrective action that is to be taken within such period to cure the deficiency, or if a second incidence of noncompliance with any provision of the rules and regulations occurs within a twelve-month period; 10.1.3. The filing by the operator of a voluntary petition in bankruptcy or the filing of an involuntary petition in bankruptcy against the operator and the failure of the operator to dismiss such proceeding within ninety (90) days after the filing; 10.1.4. The taking of possession of all ar substantially all of Operator's assets pursuant to proceedings brought under the provisions of any federal reorganization act and the failure of the Operator to secure the return of such assets and the dismissal of such proceedings within ninety (90) days from the date of the taking of such possessions; 10.1.5. The appointment of a receiver of all or substantially all of Operator's assets and the failure of Operator to secure the return of its assets and the dismissal of such receivership proceeding within ninety (90) days from the date of such appointment. 10.1.6. The taking of possession of the leased premises, or any portion thereof, or all or substantially all of the assets of operator by virtue of any attachment, execution or levy of any judicial 58 2011 Airport Rules Governing Use (Policy Manual) process in any action instituted against the operator in any court of competent jurisdiction and the failure of the operation to secure the release of such attachment, execution or levy within ninety (90) days from the date of the taking of such possession; 10.1.7. The assignment by the operator of its assets for the benefits of creditors; 10.1.8. The abandonment or discontinuance of any permitted operation for a period of thirty (30) days unless the discontinuance is approved by the Executive Director. Suspension of operation caused by strike or work stoppage shall not be construed as abandonment; or 10.1.9. The operator or its agents have intentionally supplied the Airport with false or misleading information or misrepresentation of any material fact on application or documents, or in statements to or before the Airport, or have intentionally failed to make full disclosure on the financial statement or other required documents. 102. Notice of Revocation. Upon determining that a ground for revocation of a lease or permit exists, the Executive Director shall provide written notice of revocation to the operator. Normally, notice of revocation shall be effective after fifteen (15) days. However, if continuance of the lease or permit creates an immediate risk to the public health, welfare, or safety; or public or private property, or interferes with another permitted activity at the Airport, the revocation shall be effective when issued. 11. PENALTIES 11.1 Right to Remove 11. L 1. Ej ection from Airport. In addition to any other penalty provided by law, any person who violates these Rules, or fails to comply with a lawful directive of the Aviation Commission may be promptly removed or ejected from the Airport or under the authority of the Executive Director. 11.1.2. Ban from Use of Airport. Any person who violates these Rules and whose continued presence at the Airport endangers persons or property at the Airport or interferes with public use of the Airport or its efficient operation, may be banned from the Airport by order of the Aviation Commission. Such an order shall be in writing and be immediately effective upon service upon the person. The order shall state the reasons for the ban and the length of time for the deprivation. 11.2. Penalty for Violations. Violations of these Rules are made unlawful under Section I. Any such violation is subject to prosecution in the appropriate court and to the penalties and remedies provided by law. 11.3. Complaints. Any complaint against any person for violation of these rules shall be in writing and signed by the person submitting the complaint. The Complaint shall specify dates, times, and witnesses, if any. 11.4. Severability. If any of the sections or provisions of these Rules or the application thereof to any person or circumstance is held to be invalid, such invalidity shall not affect other sections or provisions or applications of these Rules which can be given effect without the invalid section or provision or application, and to this end the sections or provisions of these Rules are declared to be severable. 59 2011 Airport Rules Governing Use (Policy Manual)