§ 8-1. Definitions.
(a)
Unless specifically defined in this section, words, terms or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this chapter the most reasonable application. Words not specifically defined in this section which relate to aeronautical practices, processes, and equipment shall be construed according to their general usage in the aviation industry.
Abandon means to forsake, desert, give up and surrender one's claim or right.
Abandoned , as applied to property, other than aircraft or vehicles, left at the airport, means that it has been left on the airport for 48 hours without the owner moving or claiming it.
AC means an advisory circular issued by the FAA to help explain the intent of a federal regulation, to provide guidance and information to the aviation public in a designated subject area, or to show an acceptable method for complying with a related federal regulation.
Accident means a collision or other contact between any part of an aircraft, vehicle, person, stationary object and/or other thing which results in property damage, personal injury, or death; or an entry into or emergence from a moving aircraft or vehicle by a person which results in personal injury or death to such person or some other person or which results in property damage.
Aeronautical activity (or aeronautical activities or activity or activities) means any activity or service that involves, makes possible, facilitates, is related to, assists in, or is required for the operation of aircraft or another aeronautical activity, or which contributes to or is required for the safety of such operations. The following activities, without limitation, which are commonly conducted on airports, are considered aeronautical activities within this definition: aircraft charter, pilot training, aircraft rental, sightseeing, aerial photography, aerial spraying and agricultural aviation services, aerial advertising, aerial surveying, air carrier operations (passenger and cargo), aircraft sales and service, sale of aviation fuel and oil, aircraft maintenance, sale of aircraft parts, and any other activities which, because of their direct relationship to the operation of aircraft or the airport, can appropriately be regarded as an aeronautical activity. For the purposes of the primary guiding documents, all products and services described herein are deemed to be aeronautical activities.
Agency means any federal, state, or local governmental entity, unit, agency, organization, or authority.
Agreement means a written contract, executed by both parties, and enforceable by law between the county and an entity granting a concession, transferring rights or interest in land and/or improvements, and/or otherwise authorizing and/or prohibiting the conduct of certain activities. Such agreement will recite the terms and conditions under which the activity will be conducted at the airport, including, but not limited to, term of the agreement; rents, fees, and charges to be paid by the entity; and the rights and obligations of the respective parties.
Air traffic control (or ATC) means a service operated by appropriate authority to promote the safe, orderly, and expeditious flow of aircraft in the air and movement on the ground.
Aircraft means any contrivance now known or hereafter invented which is used or designed for navigation of or flight in air or space, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. This includes, but is not limited to, airplanes, airships, balloons, dirigibles, rockets, helicopters, gliders, gyrocopters, ground-effect machines, sailplanes, amphibians, and seaplanes.
Aircraft design group means a grouping of aircraft based upon wingspan. The groups are as follows:
(1)
Group I: Up to but not including 49 feet.
(2)
Group II: 49 feet up to but not including 79 feet.
(3)
Group III: 79 feet up to but not including 118 feet.
Aircraft line maintenance means aircraft maintenance typically required to return an aircraft to service within a short period of time. Examples include, but are not limited to, replenishing lubricants, fluids, nitrogen, and oxygen; servicing of landing gear tires and struts; lubricating aircraft components; and avionics/instrument removal and/or replacement.
Aircraft maintenance means the repair, maintenance, alteration, calibration, adjustment, preservation, or inspection of aircraft airframe, power plant, propeller, and accessories (including the replacement of parts) as described in 14 CFR 43.
Aircraft operator means a person who uses, causes to be used, or authorizes to be used an aircraft, with or without the right of legal control (as owner, lessee, or otherwise), for the purpose of air navigation, including the piloting of aircraft, or on any part of the surface of the airport.
Airframe and power plant mechanic (or A & P mechanic) means a person who holds an aircraft mechanic certificate with both the airframe and power plant ratings. This certification is issued by the FAA under the provisions of 14 CFR 65.
Airport means the county international airport and all land, improvements, and appurtenances within the legal boundaries of the airport as it now exists on the airport layout plan (or exhibit A of the most recent FAA grant and sponsor assurances) and as it may hereinafter be extended, enlarged, or modified.
Airport assurances means those contractual obligations that are described by law in 49 USC 47107 and are undertaken by a public airport sponsor as a condition of receipt of federal airport development grants or federal surplus property.
Airport manager means the individual charged with the duty to manage, supervise, control, and protect the airport or such other employee of the airport as the airport manager may from time to time designate to carry out the duties of the airport manager.
Airport identification badge (badge) means a badge or similar device allowing access to certain parts of the airport.
Airport layout plan (or ALP) means the currently approved drawing depicting the physical layout of the airport and identifying the location and configuration of current and proposed runways, taxiways, buildings, roadways, utilities, navaids, etc.
Airport operations area (or AOA) means the geographic location that includes aircraft movement areas, aircraft parking areas (aprons), loading ramps, safety areas and any adjacent areas (such as general aviation areas) that are not separated by adequate security systems, measures, or procedures.
Applicant means an entity desiring to use land and/or improvements at the airport to engage in aeronautical activities and who shall apply in writing and in the manner or form prescribed herein for authorization to engage in such activities at the airport.
Apron means those paved areas of the airport within the AOA designated for the loading or unloading of passengers, servicing, or parking of aircraft.
Association means an entity legally formed and recognized under the laws of the state having an existence separate and apart from its members or shareholders (i.e., limited liability company, corporation, partnership, limited partnership, etc.).
Avgas means aviation gasoline.
Based aircraft means any aircraft utilizing the airport as a base of operation (other than occasional transient purposes) and is registered at the airport with an assigned tiedown or hangar space on the airport or adjoining property which has direct taxiway access to the airport.
Certificates of insurance means a certificate provided by and executed by an operator's insurance company evidencing the insurance coverages and limits of the operator.
CFR means the Code of Federal Regulations, as may be amended from time to time.
Commercial means an activity with the intent to generate and/or secure earnings, income, compensation (including exchange or barter of goods and services), and/or profit, whether or not such objectives are accomplished.
Compensation means any form of reimbursement for goods or services, such as, but not limited to, monetary, barter, favors, gratuity.
Contiguous land means land that is sharing an edge or boundary or is separated by no more than a taxilane or taxiway.
Curbside means the curb and those lanes designated by the manager for loading and unloading adjacent to the terminal building area at the airport.
Current means all rents, fees, and other charges (required to be paid under any and all agreements) are paid.
Department of transportation (or DOT) means the cabinet department of the United States government concerned with transport. The DOT is administered by the United States Secretary of Transportation.
Derelict means deserted (abandoned) by an owner and/or in dilapidated condition. This does not include aircraft under the care, custody, and control of a commercial aeronautical operator for the purpose of refurbishment or repair.
Development guidelines means the parameters governing the design, construction, and/or modification of operator or lessee facilities at the airport, as may be adopted or amended from time to time.
Emergency vehicle means a vehicle of the police or fire department, ambulance or any vehicle conveying an airport official or airport employee in response to an official emergency call.
Employee means any individual employed by an entity whereby said entity collects and pays all associated taxes on behalf of employee (i.e., social security and Medicare). The determination of status between employee and contractor shall be made according to then current IRS standards.
Equipment means all property and machinery, together with the necessary supplies, tools, and apparatus necessary for the proper conduct of the activity being performed.
Exclusive right means a power, privilege, or other right excluding or preventing another from enjoying or exercising a like power, privilege, or right. An exclusive right may be conferred either by express agreement, by imposition of unreasonable standards or requirements, or by any other means. Such a right conferred on one or more parties, but excluding others from enjoying or exercising similar rights, would be an exclusive right. An exclusive right to conduct an aeronautical activity which is forbidden by federal regulation is distinguished from an exclusive right to occupy real estate which is permitted by federal regulation under certain conditions.
Federal Aviation Administration (or FAA) means the agency within the department of transportation of the United States government that has the responsibility of promoting safety in the air, by both regulation and education.
Fire district means the county fire district and its firefighting personnel who are responsible for firefighting at the airport.
Fixed base operator (or FBO) means a commercial operator engaged in the sale and/or subleasing of products, services, and facilities to aircraft operators, including, at a minimum, the following activities at the airport:
(1)
Sale of aviation fuels and lubricants (jet fuel, avgas, and aircraft lubricants).
(2)
Passenger, crew, and aircraft ground services, support, and amenities.
(3)
Aircraft maintenance.
(4)
Tiedown, hangar, and aircraft parking.
Flight training means any use of an aircraft to increase or maintain pilot or crewmember proficiency rather than the use of an aircraft as transportation between two different airports or other destinations. Flight training shall also include any portion of a flight between two airports or other destinations dedicated to increase or maintain pilot or crewmember proficiency.
Fuel means any substance (solid, liquid, or gaseous) used to operate any engine in aircraft, vehicles, or equipment.
Fuel handling means the transporting, delivering, fueling, or draining of fuel or fuel waste products.
General aviation means all aviation, with the exception of air carriers (including cargo) and government. General aviation aircraft are utilized for commercial and noncommercial purposes, including business, corporate, recreational/pleasure, charter/air taxi, industrial/special purpose, and instructional.
General provisions means provisions common to all primary guiding documents.
Hazardous materials (or hazardous waste) means a substance or combination of substances which, because of its quantity, concentration, or physical, chemical or infectious characteristics, may either:
(1)
Cause, or significantly contribute to, an increase in mortality or an increase in serious, irreversible, or incapacitating reversible, illness; or
(2)
Pose a substantial present or potential hazard to human health or environment when improperly treated, stored, transported, disposed of or otherwise managed.
Improvements means all buildings, structures, additions, and facilities, including pavement, concrete, fencing, and landscaping, constructed, installed, or placed on, under, or above any land on the airport.
Jet fuel means fuel commonly utilized in turboprop and turbojet aircraft.
Law enforcement officer means any law enforcement officers of any federal, state, or local government agency.
Leased premises means the land and/or improvements used exclusively under agreement by operator for the conduct of operator's activities.
Lessee means an entity that has entered into an agreement with the county to occupy, use, and/or develop land and/or improvements and engage in aeronautical activities.
Light aircraft means aircraft with a maximum takeoff weight of 12,500 pounds or less.
Limousine means any motor vehicle having a seating capacity of eight persons, excluding the driver, operating to and from the airport for hire in accordance with a valid motor carrier license issued by the board, but shall not include taxicabs or vans as defined in section 12-139.
Master plan means an assembly of appropriate documents and drawings covering the development of the airport from a physical, economic, social, and political jurisdictional perspective and adopted by the airport, a copy of which is on file and available for inspection in the airport manager's office, and any amendments, modifications, revisions, or substitutions thereof. The airport layout plan (ALP) is a part of the master plan.
Minimum standards means those qualifications, standards, and criteria set forth as the minimum requirements to be met as a condition for the right to engage in activities at the airport, as they may be amended from time to time.
Movement area means the runways, taxiways, and other areas of the airport which are utilized for taxiing/hover taxiing, air taxiing, takeoff, and landing of aircraft, exclusive of loading ramps and parking areas. Specific approval for entry onto the movement area must be obtained from ATC.
National Fire Protection Association (or NFPA) means all codes, standards, rules, and regulations contained in the Standards of the National Fire Protection Association, as may be amended from time to time, and are incorporated herein by reference.
Noncommercial means not for the purpose of securing earnings, income, compensation (including exchange of service), and/or profit.
Noncommercial operator means an entity that either owns or leases and operates aircraft for personal or recreational purposes. In the case of a business, the operation of aircraft must be an ancillary activity to support the business's purposes by providing transportation for the exclusive use of its employees, agents, and/or customers. In all cases, the noncommercial operator neither offers nor engages in commercial aeronautical activities.
Non-movement area means those areas of the airport where aircraft taxi, or are towed or pushed without radio contact with ATC or with other aircraft. These areas are usually confined to those immediately adjacent to hangars, shops, terminal buildings and other structures. Non-movement areas are usually defined as part of the same formal agreement referenced herein under movement areas.
Operator, as used in lease/rates and charges policy and minimum standards, means an entity that has entered into an agreement with the county or an approved sublease for office, shop, hangar, or land to engage in commercial aeronautical activities.
Owner means the registered legal owner of an aircraft according to the records of the FAA or a vehicle according to the department of motor vehicle records.
Park or parking means the standing of an aircraft or vehicle, whether occupied or not, other than for the purpose of, and while, engaging in loading or unloading of property and/or passengers.
Paved means to lay or cover with asphalt or concrete that forms a firm level surface.
Permission means a right or approval granted by the airport manager.
Piston aircraft means an aircraft that utilizes a reciprocating engine for propulsion.
Primary guiding documents means a compilation of policy documents of the county, as may be adopted or amended from time to time, including general provisions, lease/rates and charges policy, minimum standards, rules and regulations, and development guidelines.
Private vehicle means any vehicle operated for transportation of persons or baggage that are not customers of the vehicle operator, and no revenue is being derived from the transportation, either directly or indirectly.
Property means anything that is owned by an entity. Property is divided into two types:
(1)
Real property, which is any interest in land, real estate, growing plants or the improvements on it; and
(2)
Personal property, which is everything else.
Public area means those areas of the airport open for public thoroughfare, gathering, waiting, and/or viewing, and in which access is not restricted by federal and airport regulations.
Readily available means conveniently located (in close proximity) and accessible, but not necessarily located on the leased premises.
Refueling vehicle means any vehicle used for the transporting, handling or dispensing of fuels, oils, and lubricants.
Regulatory measures means federal, state, county, local, and airport, laws, codes, ordinances, policies, rules, and regulations, including, without limitation, those of the United States Department of Transportation, the FAA, TSA, EPA, EPCRA, and the primary guiding documents, all as may be in existence, hereafter enacted, and amended from time to time.
Repair station means a certificated aircraft maintenance facility approved by the FAA to perform specific maintenance functions. These facilities are certificated under 14 CFR 145.
Rules and regulations means rules and regulations of the airport, properly adopted by resolution of the board of county commissioners, as may be adopted or amended from time to time.
Runup means aircraft engine operation above normal idle power for purposes other than initiating taxi or takeoff.
Self-fueling means the fueling of an aircraft by the owner of the aircraft, or the owner's employee, using the owner's equipment.
Self-servicing means any person who dispenses fuel into an aircraft using a commercial self-service aircraft fueling station to their own fueling apparatus.
Sheriff's department means agency and law enforcement officers having jurisdiction (responsibility) over those portions of the airport located within the county. As such, the terms "sheriff's department" and "law enforcement officer" are used interchangeably.
SPCC plan means a spill prevention, control, and countermeasures plan.
Specialized aviation service operator (or SASO) means a commercial operator that provides any one or a combination of the following activities: aircraft maintenance, avionics or instrument maintenance, aircraft rental or flight training, aircraft charter or aircraft management, aircraft sales, and other commercial aeronautical activities.
Standard operating procedures (or SOP) means written instructions, which describe procedures designed to work toward maintaining an environment.
Stormwater pollution prevention plan (or "SWPPP") means the stormwater pollution prevention plan for the airport, as may be amended from time to time.
Sublease means an agreement entered into by an entity with an operator or lessee that transfers rights or interests in the operator's or lessee's leased premises and is enforceable by law.
Sublessee means an entity that has entered into a sublease with an operator or lessee who is authorized to engage in commercial aeronautical activities at the airport.
Taxilane means the portion of the aircraft parking area used for access between taxiways and aprons and not under ATC control.
Taxiway means a defined path, usually paved, over which aircraft can taxi from one part of an airport to another (excluding the runway) and may be under ATC control.
Tiedown means an area paved or unpaved suitable for parking and mooring of aircraft wherein suitable tiedown points and equipment (to facilitate aircraft tiedown) are located.
Touch-and-go means the act of landing an aircraft on a runway and immediately taking off in the same direction on that runway instead of landing and coming to a full stop on the runway before proceeding on a taxiway to a parking location or to another runway.
Transient parking means the parking of aircraft not normally based at the airport in an area specifically set aside by the FBO for this purpose.
TSA means the transportation security administration.
Turbojet aircraft means an aircraft that utilizes one or more jet engines that have a turbine driven compressor and develop thrust from the exhaust of hot gases.
Turboprop aircraft means an aircraft that utilizes a gas turbine engine to drive a set of reduction gears, which, in turn, drives a propeller for propulsion.
Ultralight vehicle means any contrivance used or intended to be used for manned operation in the air by a single occupant; does not have any U.S. or foreign airworthiness certificate; and, if unpowered, weighs less than 155 pounds; or, if powered, weighs less than 254 pounds empty weight, excluding floats and safety devices which are intended for deployment in a potentially catastrophic situation; has a fuel capacity not exceeding five U.S. gallons; is not capable of more than 55 knots calibrated airspeed at full power in level flight; and has a power-off stall speed which does not exceed 24 knots calibrated airspeed.
Vehicle means any device that is capable of moving itself, or being moved, from place to place upon wheels, but does not include any device designed to be moved by human muscular power or designed to move primarily through the air.
Vehicle operator means any person who is in actual physical control of a vehicle.
Vehicle permit means a permanent sticker affixed to the rear bumper of a vehicle authorizing access to the movement areas of the airport.
(b)
Definitions identified and defined in section 8-1, whenever used in the primary guiding documents, shall be construed as defined therein unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly ascribed to the use of such words or phrases. All defined words shall be capitalized throughout the primary guiding documents.
(Code 1982, §§ 1-2.3-1, 1-2.3-17; Ord. No. 07-051, pts. A, B, 12-4-2007)