Rules and Regulations
_________________________________
Kelly Braun
Airport Manager
Approved: 10-13-201
AMENDMENTS
| DATE: | CHANGE MADE: | APPROVED BY (INITIAL): |
| 11-1-2014 | Change Airport Manager Name | KB |
ARTICLE 1: GENERAL RULES AND REGULATIONS
1.1 Purpose
1.1.1 These Rules and Regulations are designed to protect the public health, safety, interest, and general welfare of the Operators, Lessees, Tenants, consumers, and users of the Dickinson Theodore Roosevelt Regional Airport (Airport) and to restrict or prevent any activity or action which would interfere with the safe, orderly, and efficient use of the Airport by its Operators, Lessees, Tenants, consumers, and users.
1.2 General Provisions
1.2.1 These Rules and Regulations incorporate, by reference, the General Provisions and Definitions found in the General Provisions.
1.3 Enforcement
1.3.1 The Airport Manager has the authority to take such action as may be necessary to enforce these Rules and Regulations.
1.3.2 Any violation of these Rules and Regulations shall be enforced in Accordance with Section 1.20 of the General Provisions.
1.4 Access To, Entry Upon, or Use of the Airport
1.4.1 Access to or entry upon the Airport shall be made only at locations designated by the Airport Manager.
1.4.2. Any permission granted directly or indirectly, expressly or by implication, to any person to enter upon or use the Airport is conditioned upon:
1.4.2.1 Full and complete assumption of responsibility by any person taking advantage of such permission;
1.4.2.2. Full and complete compliance with these Rules and Regulations and Regulatory Measures;
1.4.3 The taking off or landing of Aircraft at the Airport shall constitute an agreement by the Aircraft Owner or operator to comply fully and completely with these Rules and Regulations and Regulatory Measures;
1.4.4. Any person accessing, entering upon, or using the Airport shall, at all times, defend, indemnify, save, protect, and hold harmless the Airport and the Airport Authority, individually and collectively, and their representatives, officers, officials, Employees, agents, and volunteers from any and all responsibility, liability, loss or damage arising from or related to the person’s Activities at the Airport and/or the manner in which the Airport is constructed, maintained, operated, managed, or used.
1.4.5. Nothing herein contained shall be construed to limit the use of any area of the Airport by the Airport Authority, individually and collectively, and their representatives, officers, officials, Employees, agents, and volunteers and any other representative of the Airport Authority (individually and collectively) or to prevent any Federal Aviation Administration (FAA) personnel, Department of Homeland Security (DHS) personnel, Transportation Security Administration (TSA) personnel, Sheriff’s Office personnel, FD, or Dickinson Rural Fire Department (DRFD) personnel from acting in their official capacity.
1.4.6. The Airport, and the Airport Authority, individually and collectively, and their representatives, officers, officials, Employees, agents, and volunteers, and any other representative of the Airport Authority (individually and collectively) shall not be responsible for loss, injury, or damage to persons or Property at or on the Airport by reason of fire, theft, vandalism, wind, flood, tornado, earthquake, collision, or any other natural disasters.
1.4.7. Responsible Party
1.4.7.1 Any person accessing, entering upon, or using the Airport shall be fully and completely responsible for their actions and all actions of any person to whom they provide or facilitate access to, entering upon, or use of the Airport, whether directly or indirectly.
1.4.8 Civil Rights
1.4.8.1 No person shall, in the use of the Airport or the Improvements located at or on the Airport, discriminate or permit discrimination against any other person or group of persons on the basis of race, color, religion, sex, age, disability, or national origin in any manner prohibited by Part 21 of the Regulations of the Office of the Secretary of Transportation and Title VI of the Civil Rights Act of 1964.
1.5 Restricted Areas and Sterile Areas
1.5.1 Access to or entry to Restricted Areas and Sterile Areas is limited to persons who have been screened by TSA personnel and possess a valid Boarding pass/ticket or persons under appropriate supervision and escort by a person with approved access.
1.6 Airport Identification Badge
1.6.1 Dickinson Airport does not require that Airport Identification Badges be issued or displayed in Restricted Areas
1.7 Security
1.7.1 Persons at or on the Airport shall fully comply with the Airport Security Program (ASP).
1.7.2 Security gates that provide access to the AOA shall always be kept closed and locked except when in use.
1.7.3 Vehicle Operators shall stop the Vehicle and allow the gate to fully close before proceeding. The Vehicle Operator shall also ensure that no other Vehicles or persons gain access to the Airport while the gate is in the process of opening or closing. If the Vehicle Operator cannot prevent access of an unauthorized vehicle, then he or she shall immediately call “911”
1.7.4 Tampering with, interfering with, or disabling the lock, or closing mechanism or breaching any other securing device at the Airport is prohibited unless authorized by the Airport Manager.
1.7.5 Persons who have been provided a code or device for the purpose of obtaining access to a Restricted Area shall not, under any circumstances, divulge, duplicate, or otherwise distribute or convey the code or device to any other person unless authorized by the Airport Manager.
1.7.6 Persons who fail to comply with these provisions may be denied access to the Airport and/or be fined or penalized in accordance with these Rules and Regulations or other Regulatory Measures.
1.8 Commercial Aeronautical Activity
1.8.1 Entities desirous of engaging in Commercial Aeronautical Activities at the Airport shall complete and submit a Commercial Aeronautical Activity Permit Application to and receive an approved Commercial Aeronautical Activity Permit from the Airport Manager prior to engaging in the desired Activity.
1.8.1.1 The Permit process is described in Article 12 of the Airport’s Minimum Standards. A copy of the Airport’s Minimum Standards can be obtained from the Airport Manager’s Office.
1.8.2 Any person engaging in Commercial Aeronautical Activities at the Airport must meet, adhere to, and fully comply with the Airport’s Minimum Standards.
1.8.3 Any person basing or otherwise maintaining an Aircraft at the Airport shall not permit that Aircraft to be used for a Commercial Aeronautical Activity unless such Commercial Aeronautical Activity is expressly authorized by Agreement or Permit with the Airport Authority.
1.8.3.1 Notwithstanding the foregoing, such Aircraft may be used by the Aircraft Owner for the purpose of training or otherwise maintaining or increasing the flying proficiency of the Aircraft Owner or members of the Aircraft Owner’s immediate family.
1.8.4 Any person desiring to engage in Commercial photography or filming at the Airport shall complete a Permit application and obtain approval from the Airport Manager prior to engaging in such Activity.
1.9 Accidents
1.9.1 Any person involved in or witnessing an Aircraft or Vehicle Accident at or on the Airport resulting in any injury or death to person or damage to Property shall immediately call “911”. Such person shall also notify the Airport Operations, remain at the scene, and respond to the inquiries of Airport, AFD, and/or investigative personnel (i.e., provide the information requested by such personnel).
1.9.1.1 No person shall tamper with an Accident scene or fail to comply with any directive issued by the Airport Manager, Airport, AFD, Sherriff’s Office, DRFD, FAA, NTSB or any other Agency personnel having jurisdiction over the Accident scene.
1.9.2 Unauthorized entry into Movement Areas to gain access to an Accident scene is strictly prohibited.
1.10 Solicitation, Picketing, and Demonstrations
1.10.1 Conduct of or participation in solicitation, picketing, parading, marching, patrolling, demonstrating, sit-downs, and/or assembling, carrying, distributing, or displaying pamphlets, signs, placards, or other materials at or on the Airport is prohibited without prior written permission of the Airport Manager.
1.10.1.1 Acts approved by the Airport Manager shall only be conducted in those areas identified by the Airport Manager.
1.11 Signage and Advertisements
1.11.1 Signage must be approved by the Airport Manager
1.11.2 Advertisements, notices, circulars, and/or handbills may not be posted, displayed, or distributed in Public Areas without the prior written permission of the Airport Manager and then, only after paying all applicable rents, fees and/or charges imposed by the Airport Authority.
1.11.2.1 The posting, display, or distribution of signs, advertisements, notices, circulars, and/or handbills on Vehicles or Equipment without prior permission from the Airport Manager is strictly prohibited.
1.11.2.2 The Director has the right to remove or relocate any such posting, display, sign, advertisement, notice, circular, and/or handbill.
1.12 General Conduct
1.12.1 No person shall make, possess, use, offer for sale, pass, and/or deliver any forged or falsely altered pass, Permit, identification, card, sign, and/or other authorization purporting to be issued by or on behalf of the Airport, or the Authority.
1.12.2 No person shall use or otherwise conduct himself upon any portion of the Airport in any manner contrary to the directions posted in or for that area.
1.12.3 Destroying, damaging, injuring, defacing, disturbing, or tampering with Property at or on the Airport is prohibited.
1.12.3.1 Any and all Property at or on the Airport damaged or destroyed shall be replaced (or replacement shall be paid for) by the person(s) responsible for such damage or destruction.
1.12.4 Injuring, disturbing, or harassing any person at or on the Airport is prohibited.
1.12.4.1 Any person who causes injury to any person at or on the Airport shall be liable for such injuries.
1.12.5 Smoking or carrying lighted cigars, cigarettes, or pipes in any public use area of the Airport, except in areas specifically designated by the Authority and posted as public smoking areas, is prohibited. In no event shall these activities take place within 50 feet of any Aircraft, Refueling Vehicle, Fuel storage facility, or any Aircraft being fueled or defueled.
1.12.6 No person shall illegally use, possess, sell, or distribute controlled substances at or on the Airport.
1.12.7 Loitering or Loafing at or on the Airport or in any building at or on the Airport is strictly prohibited.
1.12.8 No person shall engage in, conduct, aid in, or abet any form of gambling on the Airport.
1.12.9 Moving, tampering, starting, using, or interfering with the safe operation of any Aircraft, Vehicle, or Equipment or any portion or part thereof without permission of the Aircraft, Vehicle, or Equipment Operator or by specific direction of the Airport Manager is strictly prohibited.
1.12.9.1 If requested by the Director or a Law Enforcement Officer, satisfactory evidence of the right to do so shall be presented.
1.12.10 No person shall use a wheelchair for any purpose other than the purpose for which it is designed and intended and then only in the manner specified by the manufacturer.
1.12.11 No person shall engage in activities that are, as determined by the Airport Manager, disruptive to the Operators, Lessees, Tenants, consumers, or users of the Airport and/or that creates a hazard or risk of injury to same.
1.12.12 The Airport shall not be used to camp or stay overnight without prior authorization from the Airport Manager.
1.13 Abandoned, Derelict, or Lost Property
1.13.1 Property shall not be abandoned at or on the Airport.
1.13.2 Abandoned, derelict, or lost Property found in Public Areas at or on the Airport including, without limitation, Aircraft, Vehicles, Equipment, machinery, baggage, or parts thereof shall be reported or turned in to the Airport Manager’s Office.
1.13.2.1 Property unclaimed by their proper owner within 30 days becomes the Property of the Airport Authority to be sold, used, given to law enforcement or disposed of at the discretion of the Airport Manager.
1.13.2.2 Property to which the owner or finder is not entitled to lawful possession shall be forfeited to the Airport Authority to be sold, used, given to law enforcement or disposed of at the discretion of the Airport Manager.
1.13.2.3 Nothing in Section 1.13.2 shall be construed to deny the right of Operators, Lessees, or Tenants to maintain “Lost and Found” service for Property of their customers, visitors, invitees, or Employees.
1.14 Use of Roadways and Walkways
1.14.1 No person shall travel on the Airport other than on the roadways, walkways, or other places provided or designated for a specific type or class of traffic.
1.14.2 No person shall occupy the roadways or walkways at the Airport in such a manner as to hinder or obstruct their proper use.
1.14.3 Walkways along roadways (and other portions of such roadway, when designated for that purpose) may be used by pedestrians as a means of ingress and egress to, from, and between various portions of the Airport.
1.15 Animals
1.15.1 No person shall bring animals, birds, reptiles, or insects, except for special assistance dogs or animals used for law enforcement purposes to or on the Airport, unless destined for air transport and restrained by a leash or container.
1.15.1.1 Domestic pets may be at or on the Airport only if kept inside Operator, Lessee, or Tenant facilities or Vehicles at all times.
1.15.2 No person, except those authorized by the Airport Manager, shall intentionally hunt, pursue, trap, catch, injure, or kill any bird or animal at or on the Airport.
1.16 Weapons and Explosives
1.16.1 Any weapons (including, but not limited to, firearms, tear gas, mace, pepper spray, or similar materials or substances) or explosives in the Terminal Building, or other Public Areas of the Airport may only be possessed and handled in accordance with all applicable federal, state, and local laws
1.16.2 Discharge of any weapon on the Airport is strictly prohibited, except in the performance of official duties, in the lawful defense of life or Property, or by authorized personnel for purposes of wildlife management.
1.16.3 No person shall store, keep, handle, use, dispose of, or transport on the Airport any Class A or Class B explosives or Class A poison (as defined in the Interstate Commerce Commission Regulation for transportation of explosives and other dangerous articles), any other poisonous substances (solid, liquid, or gas), compressed gas, or radioactive article, substance, or material, without prior permission from the Airport Manager, at such time or place or in such a manner or condition that may unreasonably endanger persons or Property or would be likely to do so.
1.16.4 No person shall possess or ignite Class C explosives (e.g., fireworks, firecrackers, etc.) at or on the Airport with exception of explosives that may be used by authorized personnel for wildlife management or control purposes.
1.17 Alcoholic Beverages
1.17.1 Consumption of intoxicating liquors must be conducted in accordance with applicable local laws or take place in locations approved for on-premises liquor consumption (including Leased Premises) or at such times and locations as specifically approved by the Airport Authority.
1.17.2 The Airport Manager reserves the right to exclude or expel any person who, in the judgment of a Law Enforcement Officer, is intoxicated or under the influence of liquor or drugs or violates any provision of these Rules and Regulations or other Regulatory Measure(s).
1.18 Use of Public Areas
1.18.1 Marking or defacing the floors, walls, windows, ceilings, or any other surface at or on the Airport is prohibited.
1.18.2 Use of the Public Area in any facility or in any area of the Airport for sleeping or other purposes in lieu of a hotel, motel, or other accommodations is prohibited unless authorized by the Airport Manager.
1.19 Trash Receptacles
1.19.1 Trash (which includes, but is not limited to, rubbish, garbage, refuse, discarded paper, boxes, crates, and litter of any kind) shall not be placed, discharged, or deposited at or on the Airport except in trash receptacles.
1.19.1.1 No other areas at or on the Airport shall be utilized for the deposit of trash.
1.19.1.2 Such areas shall always be kept clean and sanitary.
1.19.1.3 Trash receptacles shall be emptied with enough frequency to prevent overflowing and shall be cleaned with enough frequency to prevent the development of offensive odors.
1.19.2 Trash shall not be brought to or on the Airport.
1.19.3 The burning of trash at or on the Airport is prohibited
1.20 Public Address Systems
1.20.1 Sound amplifying devices are prohibited at or on the Airport except when approved by the Airport Manager.
1.20.2 Only those types of public address systems that are commonly employed to announce the arrival and departure of scheduled Aircraft shall be permitted for use in the Terminal Building.
1.20.2.1 No person shall use or cause to be used the Airport public address system for the solicitation of business.
1.20.2.2 The Airport public address system shall only be used in accordance with individual Operator, Lessee, or Tenant Agreements or Permits.
1.21 Fire and Flammable Materials
1.21.1 Entities engaged in any Activity at or on the Airport, whether occupying Airport owned land and/or Improvements or otherwise, shall comply with: (1) Fire Codes adopted by the City of Dickinson, (2) all fire regulations or directives issued by AFD, the Airport Manager, or the Airport Authority, and (3) all Regulatory Measures, unless otherwise permitted in writing by the Airport Manager or the Airport Authority to deviate from same.
1.21.2 Entities shall comply with all fire regulations or directives issued by the Airport Manager or the Airport Authority regarding the removal of fire hazards, the arrangement or modification of Vehicles or Equipment, or the alteration of operating procedures considered unsafe from a fire prevention standpoint.
1.21.3 Entities using the Airport, or the land and/or Improvements located at or on the Airport shall exercise the utmost care to guard against fire and injury to persons or damage to Property.
1.21.4 Only with the prior permission of the Airport Manager, Aircraft Rescue and Fire Fighting (ARFF) personnel may engage in training exercises that require open flames.
1.21.5 Any uncontrolled fires (regardless of the size of the fire or whether the fire has been extinguished) shall be reported immediately to “911”. Airport Operations should also be notified so that ARFF crews may provide an initial response to the fire.
1.21.6 No person shall tamper with any fire extinguisher or related Equipment at or on the Airport or use the same for any purpose other than fire prevention or fire fighting.
1.21.6.1 All such Equipment shall be in conformity with all Fire Codes and practices recommended by the NFPA and may be inspected by AFD at any time.
1.21.6.2 Tags showing the date of the last inspection shall be attached to each unit.
1.21.7 No person shall block or modify any self-closing fire door at or on the Airport or do anything which would interfere or prevent its closing in the event of a fire.
1.21.8 Flammable materials (solid and liquids) shall only be used or stored in full and complete compliance with the City of Dickinson Fire Code, the Airport’s Spill Prevention, Control, and Countermeasures plan (SPCC Plan), and Regulatory Measures.
1.21.8.1 The use of flammable, volatile liquids having a flash point of less than 100 degrees Fahrenheit is prohibited unless such operations are conducted in open air or in a room specifically set aside and approved for the purpose for which the liquid is being used. The room must be properly fireproofed and equipped with adequate and readily accessible fire-extinguishing apparatus.
1.21.8.2 The procedures and precautions outlined in the criteria of NFPA Pamphlet No. 30 (Flammable and Combustible Liquids Code), NFPA Pamphlet No. 410D (Safeguarding Aircraft Cleaning, Painting and Paint Removal), and NFPA Pamphlet No. 410F (Aircraft Cabin Cleaning and Refurbishing Operations) shall be strictly meet, adhered to, and fully complied with in all cleaning, painting, refurbishing, and other operations using flammable liquids including the storage of such liquids.
1.22 Hazardous Materials
1.22.1 No person shall store, keep, handle, use, dispense, discharge, or transport at or on the Airport any Hazardous Materials in contravention of any Regulatory Measure. Proper Permits must be obtained from the appropriate Agency, copies must be maintained on file for review by the Airport Manager, and prior notification must be given to the Airport Manager.
1.22.1.1 At least 24 hours advanced notice shall be given to the Airport Manager to permit full investigation and clearance for any operation requiring a waiver of this provision. Permission may be given to movements of Hazardous Materials only when such materials are properly packed, marked, labeled, and limited as required by Regulatory Measures and only if such materials will not create a hazard to persons or Property at the Airport.
1.22.1.2 Operators regularly handling or transporting Hazardous Materials to, from, or on the Airport may seek an exemption to 1.22.1.1 if the Operator’s Leased Premises (and Activities) comply with Regulatory Measures and approval has been granted by the Airport Manager.
1.22.1.3 If the storage of Hazardous Material at or on the Airport is approved, such material must be placed in suitable receptacles (approved by the Airport Manager) with self-closing, tight-fitting, leak-proof lids (covers) that are properly secured.
1.22.1.4 Material Safety Data Sheets (MSDS) for all Hazardous Materials shall be maintained on site so as to be readily available to emergency responders in the event of an emergency and for review, at any time, by the Airport Manager or AFD.
1.22.1.5 No person shall use, keep, or permit to be used or kept, any foul or noxious gas or substance at or on the Airport, that is offensive or objectionable to the Airport Manager or AFD.
1.22.2 Hazardous Materials (including, but not limited to, used or spent Fuel, oil, lubricants, grease, dope, paint, varnish, lacquer, solvent, acid, and any other hazardous liquids or fluids) shall be disposed of in a manner consistent with these Rules and Regulations, the Airport’s SPCC, the City of Dickinson Fire Code, and Regulatory Measures.
1.22.2.1 Hazardous Materials shall not be disposed of or dumped in drains, on Aprons, in catch basins, in ditches, or elsewhere at or on the Airport.
1.22.2.2 Used or spent engine oil shall be disposed of only at waste oil stations or approved disposal points.
1.22.3 All empty cans, jars, bottles, and other containers for Fuel, oil, lubricants, grease, dope, paint, varnish, lacquer, solvent, acid, or other similar material or substance shall be removed from the Airport in a timely manner, as determined by the Airport Manager and shall not remain on the floor, wall stringers, or overhead storage areas of Hangars, offices, shops, or other buildings.
1.22.4 Hazardous Materials shall not be stored near operating Aircraft, Vehicles, or sources of heat nor be in excess of amounts needed as current stock. All Hazardous Material shall be kept enclosed in a clearly marked and properly labeled container, the type and design of which must meet the approval of the Airport Manager.
1.22.4.1 Secondary containment is required for the storage of Aviation Fuels, automotive gasolines, oils, solvents, and/or Hazardous Materials being stored in drums or other receptacles.
1.22.4.2 Aviation Fuels, automotive gasolines, or deicing fluids in containers having a capacity of 55 gallons or greater shall not be stored at or on the Airport without providing notification (and a copy of an SPCC plan) to the Airport Manager. Such storage shall comply with Regulatory Measures and be consistent with the Airport’s SPCC plan.
1.22.5 No Hazardous Materials shall be disposed of on the ground or into the air at the Airport during Aircraft preflight inspections.
1.22.6 Any person who experiences a release of Hazardous Materials shall fully and completely comply with Section 1.23 of these Rules and Regulations and Regulatory Measures.
1.23 Environmental (Hazardous Materials) Clean Up
1.23.1 The party responsible for an environmental incident (to include the overflowing or spilling of oil, Fuel, lubricants, grease, dope, paint, varnish, lacquer, solvent, acid, or other Hazardous Material anywhere at or on the Airport) is responsible for the immediate mitigation and cleanup of the spill, proper disposal of the substance(s), and immediate notification of AFD.
1.23.1.1 Should the Airport Manager determine that during the course of an environmental incident the responsible party is not capable of, has not, or refuses to take the appropriate action in a timely manner to mitigate the adverse environmental incident, the Airport Manager may take action and/or employ those services that the Airport Manager determines appropriate to control and/or clean up the site at the cost and expense of the responsible party without liability to the Authority.
1.23.2 Hazardous Spills
1.23.2.1 In the event a hazardous spill occurs, regardless of the amount of the spill, the responsible party shall take appropriate action in the containment of the spill and the clean up, mitigation, and rehabilitation of the spill site. The following procedures shall be followed in the event of a hazardous spill unless otherwise required under an approved SPCC Plan or instructed by the Airport Manager.
1.23.2.2 Minor Spills – Spills of less than five (5) gallons that do not compromise public safety. The responsible party shall:
1.23.2.2.1 Stop the source of the spill immediately.
1.23.2.2.2 Determine the threat to the immediate public and make any arrangements to secure the safety of the immediate public (i.e., evacuation).
1.23.2.2.3 Contain the spill with appropriate absorbent material(s).
1.23.2.2.4 Block all stormwater drains in the immediate area to prevent/stop the spill from flowing into the drain(s).
1.23.2.2.5 Contact Airport personnel.
1.23.2.2.6 Make a written record of all the details of the spill.
1.23.2.3 Major Spills – Spills in excess of five (5) gallons, but less than 25 gallons or any spill causing an immediate threat to public safety. In addition to following all the procedures in the Minor Spill response (Section 1.23.2.2), the responsible party shall:
1.23.2.3.1 Assess the damage to the land and/or ground water in conjunction with Airport personnel.
1.23.2.3.2 Provide to the Airport Manager within five (5) days of the spill a written summary of the spill.
1.23.2.4 Serious Spills – Spills in excess of 25 gallons which may pose a serious threat to the public safety. In addition to following all the procedures in the Minor (Section 1.23.2.2) and Major (Section 1.23.2.3) Spill response, the responsible party shall:
1.23.2.4.1 Immediately notify ARFF Crews and the Airport Manager.
1.23.2.4.2 Provide to the Airport Manager within five (5) days of the spill a written summary of the spill which shall also identify the measures that the responsible party will take to eliminate the potential for such a spill in the future.
1.23.2.4.3 Hazardous spills that require reporting include, but are not limited to, jet Fuel, aviation gasoline, automotive gasoline, Fuel oil, hydraulic oil, motor oil, turbine oil, alcohol, glycol, and all similar chemicals or substances that could be considered hazardous. Uses of amounts of deicing materials in excess of these quantities are exempt when used in operations of deicing Aircraft and/or runways.
1.23.2.5 Operators, Lessees, or Tenants with fueling capability or responsibility for maintenance of Fuel systems shall always have on hand enough containment booms to form a barrier around the spill. Additionally, Operators, Lessees, or Tenants shall have enough absorbent material(s), booms, blankets, pads, pillows, and other clean-up materials available to pick up the spilled product and store it in a sealed container(s) until proper disposal can be made. Salvage drum(s) shall be approved by the Department of Transportation (DOT) (DOT-E-10102).
1.24 Painting
1.24.1 Doping processes, painting, or paint stripping shall be performed only in those facilities specifically approved for such Activities and then only in full and complete compliance with the City of Dickinson Fire Code, the Airport’s SPCC, and Regulatory Measures.
1.25 Emergency Conditions
1.25.1 Emergency conditions at or on the Airport shall not mitigate or cancel these Rules and Regulations.
1.25.2 No person shall enter upon the landing areas, Aprons, Taxiways, Taxilanes of the Airport for the purpose of attending, observing, or assisting at the scene of an Accident except persons requested or permitted to do so by the Airport Manager, Airport personnel, ARFF Crews, or other authorized representatives.
1.25.3 Permits issued under these Rules and Regulations shall be rendered invalid until the emergency has been fully, and completely resolved and normal operations have resumed at the Airport.
1.25.4 Emergency directives or procedures may be issued at the discretion of the Airport Manager.
1.25.5 The Airport Manager shall determine when normal operations may resume.
1.26 Special Events
1.26.1 Special events shall not be held unless written approval has been obtained from the Airport Manager and any other Agency having jurisdiction over the event and all applicable fees and charges have been paid to the Airport Authority and/or other Agencies, as required.
1.26.2 Written authorization shall specify the area(s) of the Airport authorized for such special event(s) or use, the dates and duration of such event(s) or use, and any other terms and conditions deemed necessary.
ARTICLE 2: AIRCRAFT RULES AND REGULATIONS
2.1 Regulatory Measures
2.1.1 Activities at the Airport (including the controlled airspace associated with the Airport) shall conform to 14 CFR; Regulatory Measures; these Rules and Regulations; and the directives, orders, or instructions of the Airport Manager or Airport Personnel.
2.2 Disabled or Non-Airworthy Aircraft
2.2.1 Only Aircraft with a current airworthiness certificate shall land or takeoff from the Airport and/or use the Airport for Aircraft Parking and staging.
2.2.1.1 Aircraft may undergo major renovation or restoration at the Airport if the Aircraft is stored in a Hangar.
2.2.2 Aircraft that do not have a current airworthiness certificate shall be promptly removed from the Airport by the Aircraft Operator unless otherwise authorized by the Airport Manager.
2.2.3 Aircraft Operators shall be responsible for the safe and prompt removal of disabled Aircraft and any part thereof from a Movement Area to a Non-Movement Area, unless otherwise required or directed by the Airport Manager, the FAA, or the NTSB.
2.2.3.1 Should an Aircraft Operator fail to remove an Aircraft (at Aircraft Operator’s cost and expense) that is disabled or non-airworthiness certificated after notification by the Airport Manager, the Aircraft may be removed by the Director, at the risk, cost, and expense of the Aircraft Operator, without liability for damage arising from or out of such removal.
2.2.3.2 Should Aircraft Owners, Operators, or agents authorize Airport personnel to remove disabled Aircraft from Runways, Aprons, Taxiways, or other areas of the Airport, charges will be made for Equipment and labor at currently established prices and rates.
2.2.3.3 In the event the Aircraft Operator refuses, is unable, or is unavailable, the Airport Manager may authorize the movement of the Aircraft at the risk, cost, and expense of the Aircraft Operator without liability for damage that may arise from or out of such movement.
2.2.4 Abandoning an Aircraft anywhere on the Airport is prohibited.
2.2.4.1 The Airport Manager may, at the risk, cost, and expense of the Aircraft Operator, remove Abandoned Aircraft without liability for damage arising from or out of such removal.
2.3 Based Aircraft Registration
2.3.1 Aircraft based at the Airport must be registered with the Airport Manager or an authorized FBO or SASO. Registration information shall include the following:
2.3.1.1 Aircraft make, model, registration, and gross takeoff operating weight
2.3.1.2 Aircraft Owner name, address, and phone number
2.3.1.2.1 If more than one person owns the Aircraft, the name, address, and phone number of all Owners shall be provided to the Airport Manager or authorized FBO or SASO responsible for the registration of all Aircraft based on their Leased Premises.
2.3.1.3 Proof of Liability Insurance at the minimum acceptable levels established by the Airport Authority.
2.3.2 Based Aircraft Operators must have a Tiedown or Hangar Agreement with either the Airport or an authorized FBO or SASO.
2.4 Hours of Operation
2.4.1 The Airport is available for use 24 hours per day, 7 days per week, unless closed by Notice to Airmen (NOTAM).
2.5 Accidents
2.5.1 Aircraft Operators involved in an Aircraft Accident at or on the Airport shall make a full and complete report of the Aircraft Accident to the Airport Manager and appropriate Agencies in a timely manner, complete any additional required forms and/or reports, and comply with all applicable provisions of the National Transportation Safety Authority (NTSB) Regulations Part 830.
2.5.1.1 The report to Airport Manager shall include copies of any reports or documentation provided to the NTSB, FAA, or other appropriate Agencies.
2.5.2 Aircraft involved in an Aircraft Accident at or on the Airport may not be removed from the scene of the Aircraft Accident until authorized by the Airport Manager who shall receive authorization (to remove the Aircraft) from the FAA and/or NTSB, as applicable.
2.5.3 Once authorization to remove the Aircraft has been issued, the Aircraft Operator shall be responsible for the safe and prompt removal of the Aircraft and any parts thereof from a Movement Area to a Non-Movement area in accordance with these Rules and Regulations.
2.6 Prohibiting Use of the Airport
2.6.1 The Airport Manager shall have the right at any time and under any circumstances to close the Airport or any portion thereof to air traffic to prohibit Aircraft landing, taking off, or movement at or on the Airport, to delay or restrict any flight or other Aircraft operation, or to deny the use of the Airport to any person(s) when the Airport Manager considers such actions to be necessary and desirable in the interest of safety or security or when the provisions of these Rules and Regulations or Regulatory Measures are being violated or it can be reasonably anticipated that they will be violated.
2.6.2 The Airport Manager may prohibit Aircraft operations (except for emergency landings) when it is determined that conditions are unsafe or not secure at the Airport or that the operation of an Aircraft would likely endanger persons or property at or on the Airport.
2.6.2.1 The Airport Manager, his or her designated representative, or the FAA may issue a NOTAM to close or open the Airport (or any portion thereof) or to restrict or terminate any Activity at or on the Airport.
2.6.2.2 Only the Airport Manager, his or her designated representative, or the FAA may cancel a NOTAM.
2.6.2.3 Under no circumstance shall an authorized Airport closure or restriction constitute grounds for reimbursement of any expense, cost, revenue loss, or damage that may be incurred by any Operator, Lessee, Tenant, or any other person.
2.7 Maintenance
2.7.1 Aircraft Maintenance shall be performed within Hangars and shall be limited solely to that specifically permitted and in compliance with the directives of the Airport Manager.
2.7.1.1 Aircraft painting or paint stripping shall be performed only in Hangars or buildings specifically approved for these Activities by an Agency having jurisdiction.
2.7.1.2 Line Maintenance may be performed on Aircraft owned or operated by passenger or cargo air carriers on the Air Carrier Apron if the Aircraft is disabled and can not be moved into a Hangar or if a Hangar of sufficient size to accommodate the Aircraft does not exist at the Airport.
2.8 Cleaning
2.8.1 Aircraft cleaning shall only be performed in full and complete compliance with all the Airport’s Regulatory Measures.
2.8.2 All drainage must flow to an oil/water separator.
2.8.3 It is recommended that all Aircraft cleaning be accomplished with biodegradable soap and without the use of solvents or degreasers. When non-biodegradable soap, solvents, and/or degreasers are used for Aircraft cleaning, these substances shall be disposed of in accordance with all applicable Regulatory Measures.
2.8.4 Aircraft, Aircraft engines, and/or parts may be dry washed in areas not having an oil/water separator.
2.9 Deicing
2.9.1 Aircraft deicing (the removal of snow and/or ice with chemical substances) shall only be accomplished in the location(s) specified and approved by the Airport Manager.
2.10 Engine Operation
2.10.1 Engine Run-ups are prohibited at or on the Air Carrier Apron.
2.10.2 Any person operating an Aircraft engine in an area that is accessible to the public shall alert and take precautions to protect the public from potential hazards resulting from such operations.
2.10.3 Starting an Aircraft engine when there is flammable liquid on the ground in the immediate vicinity of the Aircraft is prohibited.
2.10.4 Aircraft controls shall not be unattended while Aircraft engines are operating.
2.10.5 Propeller, engine, and exhaust noises shall be kept to a minimum.
2.11 Parking and Storage
2.11.1 Aircraft shall be parked in such a manner as to be completely contained within the tiedown space and shall not be positioned in such a manner so as to block a Runway, Taxiway, Taxilane, or obstruct access to Hangars, parked or staged Aircraft, Parked or staged Vehicles, gates, or Fuel storage facilities.
2.11.2 Unless otherwise provided in an Agreement with the Authority, an authorized FBO, or an authorized SASO, no person shall use any area of the Airport for the parking, staging, and storage of Aircraft, without prior written permission of the Airport Manager.
2.11.2.1 Should a person use such any area of the Airport for Aircraft Parking, staging, or storage without first obtaining the prior written permission of the Airport Manager, the Airport Manager may remove and store the Aircraft at the cost and expense of the Aircraft Operator without liability for damage that may arise from or out of such removal or storage.
2.11.3 Aircraft Operators shall ensure Aircraft are properly secured, as set forth in FAA AC 20-35C, when parked and/or stored at the Airport.
2.11.3.1 Moored lighter-than-air Aircraft shall always have at least one person monitoring the safety of the mooring.
2.11.4 Upon request of the Airport Manager, the Operator of any Aircraft parked, staged, or stored at or on the Airport shall move the Aircraft to the location and/or position at or on the Airport identified by the Airport Manager. In the event the Aircraft Operator refuses, is unable, or unavailable, the Airport Manager may move the Aircraft at the risk, cost, and expense of the Aircraft Operator without liability for damage that may arise from or out of such movement.
2.12 Security
2.12.1 If the kind, type, mission, or condition of an Aircraft makes it necessary for an Aircraft Owner, Aircraft Operator, Operator, Lessee, or Tenant to obtain, provide, and/or maintain security for an Aircraft, the Aircraft Owner, Aircraft Operator, Operator, Lessee, or Tenant shall be responsible for such security and may only provide (and/or arrange for) such security after notifying the Airport Manager.
2.12.2 Aircraft Owners, Aircraft Operators, Operators, Lessees, or Tenants shall not employ security measures to hinder, delay, or prevent removal of Aircraft.
2.12.3 No person shall interfere or tamper with any parked, staged, or stored Aircraft in contradiction to these Rules and Regulations without the Aircraft Owner’s permission.
2.13 Operations
2.13.1 All Aircraft shall be operated in accordance with the appropriate part of 14 CFR based upon the type and use of the Aircraft.
2.13.2 Operating an Aircraft in a careless, negligent, or reckless manner; in disregard of the rights and safety of others; without due caution and circumspection; or at a speed or in a manner which endangers, or is likely to endanger persons or Property of any person is prohibited at or on the Airport.
2.13.3 Aircraft Operators shall obey all pavement markings, signage, and lighted signals.
2.13.4 Operating an Aircraft constructed, modified, equipped, or loaded as to endanger, or be likely to endanger persons or the Property of any person is prohibited.
2.13.5 All Aircraft operators are encouraged to follow the procedures recommended by the FAA including broadcasting Aircraft position, intentions, and actions on the Airport’s CTAF frequency.
2.13.6 Airborne radar Equipment shall not be operated or ground-tested in an area where the directional beam of such radar, if high intensity (50KW or greater output), is within 300 feet or, if low intensity (less than 50 KW output), is within 100 feet of another Aircraft, an Aircraft refueling operation, an Aircraft Refueling Vehicle, or a Fuel storage facility.
2.13.7 Aircraft radio transmissions, if not for maintenance purposes, are prohibited while an Aircraft is inside a Hangar.
2.13.8 Experimental flights or ground demonstrations shall not be conducted on the Airport without providing prior notification to the Airport Manager.
2.13.9 Airshows and aerobatic operations of Aircraft are not permitted within the Airport’s Class E airspace unless prior written permission of the Airport Manager been obtained.
2.13.10 The starting, positioning, or taxiing of any Aircraft shall be done in such a manner to avoid generating or directing any propeller slipstream or engine blast that may endanger or result in injury to persons or damage to Property.
2.13.11 Aircraft Operators shall not land, take off, taxi, park, stage, or store an Aircraft on or in any area of the Airport that has been restricted to a maximum weight bearing capacity of less than the maximum weight of the Aircraft.
2.13.11.1 It shall be the Aircraft Operator’s responsibility to repair any damage to the Airport’s Runways, Taxiways, Taxilanes, or Aprons caused by excessive Aircraft weight loading and/or operation.
2.14 Taxiing and Towing Operations
2.14.1 Aircraft shall not be taxied until the Aircraft Operator has ascertained (by visually inspecting the area) that there shall be no danger of collision with any person, structure, object, or Property in the area.
2.14.2 Aircraft shall not be taxied into, out of, or within any structure at or on the Airport.
2.14.3 Aircraft being taxied at or on the Airport shall proceed with running lights and anti-collision lights illuminated during the time between official sunset and official sunrise.
2.14.4 Taxiing Aircraft shall yield the right-of-way to any Emergency Vehicle or Equipment or Aircraft unless otherwise directed by ATC.
2.14.5 Aircraft Operators shall not taxi an Aircraft at the Airport at a speed greater than is reasonable and prudent under the conditions that exist with regard for actual and potential hazards and other Aircraft so as not to endanger persons or Property at the Airport.
2.14.5.1 Aircraft taxiing speeds shall be reduced during periods of inclement weather including, but not limited to, periods when visibility is reduced.
2.14.6 Aircraft shall only be taxied or towed in areas normally used for operation of Aircraft unless express prior written approval has been provided by the Airport Manager.
2.15 Rotorcraft Operations
2.15.1 Unless otherwise approved by the Airport Manager:
2.15.1.1 Rotorcraft shall park or operate only on Movement Areas and Aircraft parking areas.
2.15.1.2. Rotorcraft shall not be operated within 50 feet of any building or Fuel storage facility. This includes hover taxiing over confined taxilanes where 50 feet of separation is not possible.
2.15.1.3. Rotorcraft shall not be operated within 100 feet of any area where Light Aircraft are parked or operating
2.16 Noise Abatement Procedures
2.16.1 Aircraft Operators shall use procedures that shall result in minimum noise exposure to the surrounding areas. This includes, but is not limited to, avoiding low altitude maneuvers, maintaining optimum power settings and operating altitudes (consistent with safe operating procedures), and avoiding flights over populated areas (consistent with safe operating procedures).
2.17 Fees and/or Charges
2.17.1 Aircraft shall not land or take off from the Airport unless the Aircraft Operator has paid the fees and/or charges that may be established and assessed by the Airport Authority unless the Operator is exempt from payment of certain fees and/or charges or unless the Operator is not required to make such payments as stipulated in an Agreement or Permit with the Authority.
2.17.2 The Airport Manager shall have the authority to detain any Aircraft for non-payment of any related fees and/or charges which are properly due to the Airport.
ARTICLE 3: VEHICLE RULES AND REGULATIONS
3.1 Regulatory Measures
3.1.1 All Vehicle Operators at or on the Airport shall comply fully and completely with the North Dakota Vehicle Code, any and all local vehicle codes, these Rules and Regulations, and instructions issued by the Airport Manager.
3.1.2 Enforcement of traffic laws shall be the responsibility of the Agency having jurisdiction.
3.2 Licensing and Permit
3.2.1 Any person operating a Vehicle at or on the Airport must have a valid Driver’s License and evidence of insurance as required by state law.
3.3 Equipment
3.3.1 Except for Vehicles that are exclusively used on the AOA, all Vehicles shall meet the State of North Dakota licensing and registration requirements.
3.3.2 Vehicles shall not be operated at or on the Airport unless the Vehicle is in sound mechanical order; has adequate lights, horn, and brakes; and permits clear (unobstructed) visibility from the driver’s position.
3.3.3 Semi-Trailers are not permitted at or on the airport without permission from the Airport Manager or his or her designee.
3.4 Operations
3.4.1 Vehicles are not allowed to be operated in a careless, negligent, unsafe, or reckless manner; in disregard of the rights, safety, and security of others; and without due caution and circumspection; or at a speed or in a manner which endangers, or is likely to endanger, persons or Property at or on the Airport.
3.4.2 Vehicles constructed, equipped, loaded, or maintained (or having attached thereto any object or Equipment which drags, swings, or projects) so as to endanger, or be likely to endanger, persons or Property, is strictly prohibited at or on the Airport.
3.4.3 Since the presence at the Airport of a tank Vehicle, truck, or semi-trailer used for the transportation of flammable liquids or fueling and defueling of Aircraft could endanger persons or Property, no tank Vehicle, truck, or semitrailer shall be operated at the Airport unless approved by the Airport Manager.
3.4.4 Vehicles shall not be operated in any Hangar at or on the Airport for a prolonged period of time unless the Vehicle exhaust is protected by screens or baffles to prevent the escape of sparks or the propagation of flame and a vent system exists to prevent exhaust fumes from building up in the Hangar.
3.4.5 Airside and Landside Speed Limits
3.4.5.1 Safe Speed – Vehicles shall not be operated at a speed greater than is reasonable and prudent under the conditions and having regard for actual and potential hazards, traffic, use of the street or roadway, or so as not to endanger persons or Property at or on the Airport.
3.4.5.2 Minimum Speed – Vehicles shall not be operated at such a slow speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with the law.
3.4.5.3 Maximum Speed – Vehicles, except Emergency Vehicles or Equipment responding to an emergency, shall not be operated at or on the Airport in excess of the posted speed limits or in excess of any speed stipulated in these Rules and Regulations. In areas where signs, markers, or devices are not used or posted, the speed limit shall be 15 miles per hour (landside) and 15 miles per hour (airside).
3.4.6 Vehicle Operators shall not, after receiving a visual or audible signal from the Airport Personnel, fail to stop the Vehicle being operated, operate the Vehicle in disregard of the signal, or interfere with or endanger Airport personnel or a Law Enforcement Officer.
3.4.7 Vehicle Operators shall provide proper signals and obey all traffic lights, signs, mechanical or electrical signals, and pavement markings unless directed otherwise by Airport Personnel.
3.4.8 Airport Roadways may be used for Vehicle operations as a means of ingress and egress to and from the roadways serving the Airport and between various land areas on the Airport abutting Airport Roadways.
3.4.9 Vehicle Operators shall yield the right of way to Aircraft, Emergency Vehicles or Equipment, and pedestrians.
3.4.10 Vehicles shall not be operated in such a manner or within such proximity of an Aircraft as to create a hazard or interfere with the safe and secure operation of the Aircraft.
3.4.10.1 Vehicles shall not overtake or pass in front of a moving Aircraft.
3.4.10.2 Vehicles shall pass to the rear of taxiing Aircraft and come no closer than 50 feet to a taxiing Aircraft.
3.4.10.3 Vehicles shall not pass closer than 20 feet from any wing or tail section of a Parked or staged Aircraft where practical.
3.4.11 Vehicles used for hauling trash, dirt, or any loose material(s) shall be operated in such a fashion as to prevent the contents of the Vehicle from dropping, shifting, leaking, or otherwise escaping.
3.5 Air Operations Area (AOA)
3.5.1 Only persons with approval from the Airport Manager shall be permitted to operate Vehicles on the AOA.
3.5.2 The Director may restrict Vehicles to a certain area(s) or portion(s) of the AOA. Such restrictions may prohibit Vehicle operations outside designated area(s) or portion(s).
3.5.3 Use of motorhomes, mini-bikes, dirt bikes, all terrain Vehicles, go-carts, roller blades, skateboards, bicycles, or unicycles for recreational purposes are not permitted at or on the Airport without prior permission from the Airport Manager.
3.6 Aircraft Movement Area
3.6.1 Any person operating a vehicle on the Aircraft Movement Area without an escort must have completed the Airport’s Movement Training and passed the written test.
3.6.1.1 All escorts must be provided by Airport Personnel.
3.6.2 All operations in the Aircraft Movement Area must comply with the Airport’s FAA approved Airport Certification Manual.
3.7 Accidents
3.7.1 A Vehicle Operator involved in an Accident on the Airport resulting in any injury or death to person or damage to Property shall stop the Vehicle at the scene (or as close as possible to the scene without unnecessarily obstructing traffic or creating a safety hazard) and immediately call “911” and notify Airport Operations.
3.7.2 The Vehicle Operator (and the Vehicle) must remain at the scene until a Law Enforcement Officer takes a full report.
3.8 Cleaning and Maintenance
3.8.1 Private Vehicles and Vehicles operated by Commercial Vehicle Operators shall not be cleaned and/or maintained anywhere at or on the Airport, except for minor repairs that are necessary to remove such Vehicles from the Airport.
3.8.2 Vehicles operated by Lessees, Operators, or Tenants shall be cleaned and/or maintained only in areas compliant with the Airport’s Regulatory Measures.
3.9 Parking or Stopping
3.9.1 Vehicles shall be parked only in those areas designated for such purpose.
3.9.2 Vehicles shall not be parked or stopped:
3.9.2.1 In such a manner so as to obstruct a parking lot lane, driveway, roadway, walkway, crosswalk, fire lane, Runway, Taxiway, Taxilane, and/or obstruct access to Hangars, parked or staged Aircraft, and/or parked or staged Vehicles;
3.9.2.2 On the roadway side of any stopped or parked Vehicle (double parking);
3.9.2.3 Within 15 feet of a fire hydrant or within a fire lane or restricting access to or from a fire lane;
3.9.2.4 Within 3 feet of either side of a security fence unless specifically designated and identified with signage or otherwise marked;
3.9.2.5 On unpaved or grassed areas (unless specifically designated for parking);
3.9.2.6 Other than in accordance with restrictions posted on authorized signs.
3.9.3 Vehicles, other than those loading and unloading Aircraft, shall not stop for loading, unloading, or any other purpose at or on the Airport other than in the areas specifically established for loading, unloading, parking, and/or staging and only in the manner prescribed by signs, painted markings, or other means.
3.9.4 Displaying Vehicles and/or Equipment for sale or lease at or on the Airport is strictly prohibited unless authorized by the Airport Manager.
3.9.5 Parking in designated public parking areas is open to any person using the Airport.
3.9.6 Employees of Airport Operators, Lessees, or Tenants may park Private Vehicles in the employee parking areas designated by the Airport Manager.
3.9.7 Hangar or T-Hangar Operators, Lessees, or Tenants may park automobiles that are fully operational, completely functional and properly permitted by the Airport Manager inside the Hangar or T-Hangar while the Aircraft based in the Hangar or T-Hangar is gone.
3.9.8 Hangar or T-Hangar Operators, Lessees, or Tenants may park automobiles that are fully operational, completely functional and properly permitted by the Airport Manager outside of the Hangar or T-Hangar while the Aircraft based in the Hangar or T-Hangar is gone, but only in designated parking areas.
3.9.9 If surplus space (i.e., space beyond the space required to park or store assigned Aircraft) is available in a Hangar, boats, rafts, jet skis, snow mobiles, dune buggies, dirt bikes, all terrain Vehicles, race cars, recreational Vehicles, trailers, etc. may be parked or stored in the Hangar as well as long as the Aircraft is (or can also be) parked in the Hangar at the same time.
3.10 Disabled, Abandoned, or Illegally Parked Vehicles
3.10.1 Vehicles shall not be abandoned at or on the Airport.
3.10.2 The Airport Manager may tow or otherwise remove from the Airport any vehicle that is disabled, abandoned, or parked in violation of these Rules and Regulations (or if the vehicle creates a safety or security hazard or interferes with Airport operations) at the Vehicle Operator’s risk, cost, and expense and without liability for damage that may result from such removal.
3.11 Fees and/or Charges
3.11.1 It is unlawful for any Vehicle to be parked in any public parking area of the Airport unless the Vehicle Operator pays the fees and/or charges that may be established and assessed from time to time by the Airport Authority unless the Vehicle Operator is exempt from payment as may be stipulated in an Agreement or Permit with the Airport Authority.
3.11.2 Nothing in these Rules and Regulations shall be construed as granting any Commercial Vehicle Operator the right to operate at or on the Airport without first obtaining authorization from the Airport Authority and without paying the fees and/or charges that may be established and assessed by the Airport Authority from time to time.
ARTICLE 4: COMMERCIAL VEHICLES RULES AND REGULATIONS
4.1 Regulatory Measures
4.1.1 All Commercial ground transportation companies and Commercial car rental companies doing business at or on the Airport shall comply fully with the North Dakota Vehicle Code (as may be amended from time to time), policies, procedures, and resolutions of the Authority and/or the City, these Rules and Regulations (including Section 4), and instructions issued by the Airport Manager.
4.1.2 All traffic laws must be followed. Enforcement of traffic laws shall be the responsibility of the Agency having jurisdiction.
4.2 Commercial Vehicles and Operating License
4.2.1 Commercial Vehicle Operators must have all appropriate Licenses and Permits as required by federal, state and local laws.
4.2.2 Only those rental car companies that have received authorization from the Airport Manager may conduct business on the AOA.
4.3 Parking or Stopping
4.3.1 Commercial Vehicles shall be parked only in those areas designated for such purpose.
4.3.2 Commercial Vehicles shall not be parked or stopped:
4.3.2.1 In such a manner so as to obstruct a parking lot lane, driveway, roadway, walkway, crosswalk;
4.3.2.2 On the roadway side of any stopped or parked Vehicle (double parking);
4.3.2.3 Within 15 feet of a fire hydrant or within a fire lane or restricting access to or from a fire lane;
4.3.2.4 Within 3 feet of either side of a security fence;
4.3.2.5 On unpaved or grassed areas (unless specifically designated for parking);
4.3.2.6 Other than in accordance with restrictions posted on authorized signs.
4.4 Commercial Vehicle Operator Conduct and Appearance
4.4.1 Commercial Vehicle Operators shall be clean, neat in appearance, courteous, and at all times, properly outfitted. Outfits shall be appropriate for the Operator and shall be clean, neat, professional, and properly maintained at all times.
4.5 Passenger Loading or Unloading
4.5.1 If specifically requested to do so by an Operator, Lessee, Tenant, or the passenger, escorted Commercial Vehicles may deliver passengers and/or baggage to the AOA or may pick up passengers and/or baggage from the AOA in any area designated for such purposes by the Airport Manager.
4.6 Vehicle and Equipment Condition
4.6.1 All Commercial Vehicle Operators are expected to keep all vehicles and equipment in safe and proper working order.
4.6.2 Commercial Vehicles operated at or on the Airport shall be cleaned and/or maintained only in areas compliant with the Airport’s Regulatory Measures.
4.7 Fees and/or Charges
4.7.1 Operators must have an Agreement or Permit with the Airport Authority prior to conducting Commercial ground transportation or Commercial car rental Activities at or on Airport Property regardless of whether the Operator’s main place of business is located at or on Airport Property or elsewhere.
4.7.2 Nothing in these Rules and Regulations shall be construed as granting any Commercial Vehicle Operator the right to operate at the Airport without first obtaining authorization from the Director and without paying the fees or charges that may be established and assessed by the City or the Authority from time to time.
ARTICLE 5: OPERATOR, LESSEE, AND SUBLESSEE RULES AND REGULATIONS
5.1 Employee Background Check
5.1.1 For persons employed by the Airport, Operators, Lessees, or Tenants who have unescorted access to any Restricted Area or Sterile Area, a background check, to the extent allowable by law including, but not limited to, references and prior employment history is required.
5.2 Security
5.2.1 It shall be the responsibility of all Operators, Lessees, and Tenants to ensure that all gates, chains, doors, and locks and all other public safeguards are continually and conscientiously maintained and used in a manner so as to protect all persons and Property.
5.2.2 For gates or doors that provide access to a Restricted Area through an Operator’s, Lessee’s, or Tenant’s Leased Premises, it is the responsibility of the Operator, Lessee, or Tenant to ensure that such gates and doors remained closed, locked, and secured when not in use and to ensure that all gates and doors and locking/securing mechanisms, and other public safeguards are continually and conscientiously maintained and used in a manner so as to protect all persons and Property.
5.2.3. If, as a result of FAA or TSA findings, a breach of security has occurred at a gate or door controlled by an Operator, Lessee, or Tenant and the Airport Authority is fined, the Operator, Lessee, or Tenant responsible for the gate or door shall be assessed a fine by the City or the Authority equal to the amount of the Airport’s fine.
5.2.4. No person shall cause any object to be located within three (3) feet of the Airport perimeter fence, which could facilitate unauthorized access to a Restricted Area.
5.3 Construction or Alteration of Improvements
5.3.1 Any construction or alteration of an Improvement located at or on the Airport shall be performed in compliance with the Airport’s Development Guidelines as may be established and amended by the Airport Authority from time to time.
5.4 Maintenance of Premises
5.4.1 All Operators, Lessees, and Tenants are required to keep the land and/or Improvements under lease (being occupied or used) free from all fire and safety hazards and maintain the same in a condition of repair, cleanliness, and general maintenance in accordance with the Operator’s, Lessee’s, or Tenant’s Agreement with the Airport Authority.
5.4.1.1 Failure by Operator, Lessee, or Tenant to maintain the land or Improvements under lease (being occupied or used) within the timeframe of the written notice from the Airport Manager (or the period allowed in Operator’s, Lessee’s, or Tenant’s Agreement with the Authority) may result in the Airport Manager conducting or contracting the maintenance at Operator’s, Lessee’s, or Tenants cost and expense without liability for damage arising from or out of such action.
5.4.2 All Operators, Lessees, and Tenants shall be fully responsible for all damage to facilities, Equipment, real Property, related appurtenances, and all other Improvements at or on the Airport in the ownership, care, custody, or control of the Airport caused by the Operator, Lessee, or Tenant or by their Employees, agents, customers, visitors, suppliers or persons with whom they do business.
5.4.3 Facilities (including Hangar floors) shall be kept clean and clear of the accumulation of Fuel, oil, grease, flammable liquids, rags, trash, or other waste materials.
5.4.3.1 The use of volatile or flammable solvents for the cleaning of floors is prohibited.
5.5 Fire Prevention
5.5.1 Operators, Lessees, and Tenants shall be responsible for ensuring that fire prevention practices and/or procedures are followed at all times.
5.5.2 Operators, Lessees, and Tenants that have Employees conducting fueling or Fuel transfer operations must ensure that all Employees receive fire prevention training and instruction in accordance with FAA Approved Part 139 Fuel Handling Training Course immediately upon employment and that Employees receive such fire prevention training and instruction annually thereafter.
5.5.2.1 Fire prevention training and instruction shall include the use of fire extinguishers, responding to Fuel and oil spills, handling flammable materials, and any other items, and must be documented and kept on file by the Operator, Lessee, or Tenant.
5.5.3 Operators, Lessees, and Tenants shall provide proper, adequate, inspected, certified, and readily accessible fire extinguishers (that are approved by fire underwriters) for the hazard involved or associated with the Activity.
5.5.3.1 Fire extinguishers shall be maintained in accordance with the City of Dickinson Fire Code.
5.5.3.2 A log or a tag showing the date of last inspection shall be attached to each unit or records, acceptable by fire underwriters, shall be kept documenting the status of each unit.
5.5.4 Operators, Lessees, and Tenants shall designate a responsible person as point of 24-hour contact and shall provide primary and secondary contact information including phone numbers to the Airport Manager for purposes of contact in the event of a fire.
5.6 Heating Equipment
5.6.1 All heating Equipment and Fuel burning appliances installed or used at or on the Airport shall comply with the requirements of the Stark County, the State of North Dakota, the City of Dickinson Fire Code, and National Authority of Fire Underwriters.
5.7 Aircraft Hangars
5.7.1 Aircraft Hangars shall only be used for the parking and storage of Aircraft and associated Aircraft Equipment and supplies as approved by the Airport Manager or as otherwise granted by Agreement or Permit with the Airport Authority.
5.7.2 Aircraft parked in Hangars shall be parked in a manner so as to be completely contained in the Hangar and shall not be positioned in such a manner so as to block a Runway, Taxiway, Taxilane, or obstruct access to Hangars, parked or staged Aircraft, parked or staged Vehicles, doors, gates, or Fuel storage facilities except for temporary staging and/or fueling of such Aircraft.
5.7.3 Use of Aircraft Hangars shall be subject to the following restrictions:
5.7.3.1 Unless permission is granted by Agreement or Permit with the Airport Authority, no major Aircraft Maintenance, alterations, or repairs shall be performed in a Hangar without the prior written permission of the Airport Manager.
5.7.3.2 All approved Aircraft Maintenance shall be in compliance with applicable Regulatory Measures.
5.7.3.3 Space heaters may be utilized in Hangars so long as they are not left unattended while operating and all applicable fire prevention/safety measures are continually observed.
5.7.3.4 Oily rags, waste oil, or other materials soiled with petroleum-based products may only be stored in containers with self-closing, tight-fitting lids as approved by the Airport Manager.
5.8 Aircraft Tiedowns
5.8.1 Aircraft Tiedowns shall only be used for the parking and storage of Aircraft or as otherwise granted by Agreement or Permit with the Airport Authority
5.8.2 Aircraft parked at Tiedowns shall not be positioned in such a manner so as to block a Runway, Taxiway, Taxilane, or obstruct access to Hangars, parked or staged Aircraft, parked or staged Vehicles, doors, gates, or Fuel storage facilities.
5.8.3 Unless permission is granted by Agreement or Permit with the Airport Authority, no major Aircraft Maintenance, alterations, or repairs shall be performed at an Aircraft Tiedown without the prior written permission of the Airport Manager.
5.9 Storage of Materials and Equipment
5.9.1 Operators, Lessees, and Tenants shall store materials and Equipment in such manner as to preclude creating any hazard, obstructing any operation, or littering.
5.9.1.1 Storage of materials or Equipment shall not be permitted outdoors.
5.9.1.2 Operators, Lessees, and Tenants can store non-hazardous items in fully enclosed and secured containers on their Leased Premises as long as such storage complies fully and completely with Regulatory Measures.
5.9.2 Railroad (box or tanker) cars, intermodal containers, or tanker, truck, or flatbed trailers, etc. shall not be stored or used to store any type of materials, Vehicles, or Equipment without an Agreement or Permit with the Airport Authority.
5.10 Compressed Gases
5.10.1 Oxygen or any compressed gas in a cylinder or portable tank must be secured to a fixed location or secured to a portable cart designed and approved specifically for the cylinder(s) or tank(s) being secured.
5.10.1.1 Compressed gas cylinders or tanks must have approved, and fully operational pressure relief devices installed.
5.10.1.2 Cylinders or tanks not in use shall have an approved transportation safety cap installed.
5.10.1.3 Cylinders or tanks shall be stored and maintained in compliance with all NFPA standards and applicable Regulatory Measures.
5.11 Lubricating Oils
5.11.1 Lubricating oils having a flash point at or above 150 degrees may be stored in Hangars provided that the product is stored in the original container and the capacity of the container is less than 55 gallons and the original manufacturer’s labeling or marking is on the container (or that the product is stored in other suitable containers approved by the Airport Manager).
5.11.2 Storage of 55 gallons or more of lubricating oil or containers having a capacity of 55 gallons or more require that a SPCC plan be provided to the Airport Manager. Such containers may only be stored in compliance with Regulatory Measures and consistent with the Airport’s SPCC plan.
5.12 Baggage Area
5.12.1 Operators, Lessees, or Tenants responsible for operating and loading the baggage area shall also be responsible for unloading all unclaimed baggage.
5.12.1.1 Prior to leaving the baggage area, all baggage shall be unloaded. No baggage shall be left in the baggage area.
5.13 Right of Entry
5.13.1 The Airport Manager, or his or her designee, shall have the right of entry at reasonable times for repairs, maintenance, modification, or inspection of all facilities, buildings, and Improvements at or on Airport Property whether or not the right of entry is provided for in any Agreement or Permit or other approval.
5.13.2 The Airport Manger, his or her designee, or ARFF crews shall have the right of entry to facilities, buildings, and Improvements at or on Airport Property without advanced notification during emergencies. Emergencies may include, but shall not be limited to, fire, flood, or Hazardous Materials leak, or for the protection of life, limb, or Property.
ARTICLE 6: REFUELING, DEFUELING, AND FUEL STORAGE
6.1 Regulatory Measures
6.1.1 Refueling, defueling, and Fuel storage at or on the Airport shall conform to the current applicable provision of 14 CFR; NFPA guidelines; FAA Advisory Circular (AC)150/5230-4 (including updates or amendments); the Airport’s SWPPP and SPCC; Regulatory Measures established by the Environmental Protection Agency and any other Agency having jurisdiction relating to these Activities.
6.2 Agreement
6.2.1 Fuels shall only be dispensed at the Airport by those entities having an Agreement or Permit with the Airport Authority granting such permission.
6.3 Training
6.3.1 No person shall commercially fuel or defuel an Aircraft until that person is properly qualified and trained in accordance with 14 CFR Part 139.
6.3.2 Training records documenting the training provided to, and the qualifications of, each person shall be maintained and kept on file.
6.3.2.1 Records shall indicate initial training and all recurrent training provided.
6.3.2.2. All records shall be subject to review of and/or inspection by the Airport Manager, Airport personnel, or other designated representatives.
6.4 Refueling, Defueling, and Fuel Storage Operations
6.4.1 A properly qualified and trained operator shall always be present and responsive while Fuel is being transferred into or out of any Fuel storage facility (from or into fueling Vehicles and Equipment).
6.4.1.1 The operator shall remain within the immediate vicinity, in close proximity to, and in direct view of all operating controls and Equipment.
6.4.1.2 The operator shall not leave the discharge end of any hose or hoses unattended at any time while the transfer of Fuel is in progress.
6.4.1.3 The operator shall not block open, disengage, deactivate the deadman, or any related controls while fueling or transferring Fuel.
6.4.2 Aircraft shall not be refueled or defueled in an area where Aircraft engines are operating, Aircraft or engines are being warmed by application of heat, or while the Aircraft is located in a congested or enclosed space.
6.4.3 Self-Fueling shall be conducted only in those areas designated by the Airport Manager as identified in the Fueling Permit.
6.4.3.1 Self-Fueling at any other location at or on the Airport is prohibited.
6.4.4 All Fuel handled at or on the Airport shall be treated with due caution and circumspection regarding the rights and safety of others so as not to endanger, or likely to endanger, persons or Property.
6.4.5 Persons engaged in the fueling, defueling, and oil servicing of Aircraft or Vehicles, the filling of Refueling Vehicles or dispensing Equipment, or the dumping or pumping or loading of aviation Fuels or oils into or from Fuel or oil storage facilities shall exercise care and extreme caution to prevent overflow of Fuel or oils and/or spills.
6.4.5.1 Should a Fuel or oil spill occur on the Airport, the party responsible shall fully and completely comply with Section 1.23 of these Rules and Regulations.
6.4.6 Refueling Vehicles shall be positioned so that the Vehicle can be directly driven away from the loading or fueling position in the event of spill or fire.
6.4.7 Aircraft Fuel Handling shall be conducted outdoors and at least 25 feet from any Hangar or building and 50 feet from any combustion and ventilation air-intake to any boiler, heater, or incinerator room or as approved by the Airport Manager.
6.4.8 Pouring or gravity transfer of Fuel and fueling from containers having a capacity of more than 5 gallons is prohibited.
6.4.9 Vehicles shall be refueled only at refueling stations and from dispensing devices approved by the Airport Manager.
6.4.10 Aircraft or Vehicles shall not be fueled or defueled while the Aircraft or Vehicle’s engine is operating.
6.4.10.1 In an emergency resulting from the failure of an onboard auxiliary power unit on a Turbojet Aircraft and in the absence of suitable ground support equipment, a Turbojet engine mounted at the rear of the Aircraft or on the wing on the side opposite from the fueling point may be operated during fueling to provide power as long as the operation follows the safety procedures published by the operator.
6.4.10.2 A turbine-powered auxiliary power unit installed aboard an Aircraft may be operated during fueling provided its design, installation, location, and combustion air source do not constitute a Fuel vapor ignition source.
6.4.10.3 In both cases (6.4.10.1. and 6.4.10.2), the fueling shall conform to the procedures stipulated in the Aircraft Operator’s Manual.
6.4.11 Aircraft or Vehicles shall not be fueled or defueled if an electrical storm is in progress within the immediate vicinity of the Airport.
6.4.12 When Aircraft are being fueled or defueled, the Refueling Vehicle shall be bonded to the Aircraft to equalize the voltage potential between the Refueling Vehicle and the Aircraft.
6.4.12.1 All hoses, nozzles, spouts, funnels, and appurtenances used in fueling and defueling operations shall be FM or UL approved and shall be equipped with a bonding device to prevent ignition of volatile liquids.
6.4.13 Refueling Vehicle Operators shall not operate the Vehicle in reverse anywhere at or on the Airport unless a qualified and trained person is present to safely monitor and direct the movement of the Vehicle.
6.4.14 Aircraft shall not be fueled or defueled while passengers are on the Aircraft unless a passenger loading ramp is in place at the Aircraft cabin door, the door is in the open position, and an attendant is present at or near the door.
6.4.15 No person shall operate any radio transmitter or receiver or switch electrical appliances on or off in an Aircraft during fueling or defueling unless said radio transmitter or receiver is designed specifically for such environment.
6.4.16 Over-wing fueling shall only be performed by qualified persons.
6.4.17 Hold down or hold open devices on Aircraft fueling nozzles are strictly prohibited.
6.4.18 For single point fueling, deadman controls or mechanisms shall be utilized and shall always remain in good condition and working order.
6.4.18.1 No person shall deactivate or bypass a deadman control or mechanism at any time.
6.4.19 During fueling operations, no person shall use any material or Equipment that is likely to cause a spark or ignition within 50 feet of such Aircraft or Vehicle.
6.4.19.1 Smoking, matches, lighters, and open flames (i.e., candles, fixtures, or fires) are strictly prohibited within 50 feet of any Aircraft, Refueling Vehicle, Fuel storage facility, or any Aircraft being fueled or defueled.
6.4.20 Refueling Vehicles (including Fuel tankers) shall only use the entrance, exit, and route designated by the Airport Manager during the transportation and delivery of Fuel.
6.4.21 The Airport Authority assumes no liability or responsibility for any violation of any Aircraft or Vehicle fueling requirement or procedure, any error, omission, negligence, or any violation of any Regulatory Measure relating to fueling Activities.
6.4.21.1 The Operator, Lessee, or Tenant shall be solely, fully, and completely responsible for any such violation, error, omission, or negligence incident to or in connection with the Operator’s, Lessee’s, or Tenant’s Fuel storage facilities, Equipment, operations, and training.
6.4.21.2 The Operator, Lessee, or Tenant shall reimburse the Airport Authority for any fines, legal or court costs, incurred by the Airport Authority for any such violation, error, omission, or negligence
6.5 Storage of Refueling Vehicles
6.5.1 Refueling Vehicles shall be stored outdoors and not less than 50 feet from a building or at the distance approved by Airport Manager unless the building is designed, constructed, and used exclusively, and approved by the Airport Manager, specifically for this purpose.
6.5.2 Refueling Vehicles shall be parked in a manner that provides a minimum of 10 feet of separation between Vehicles and any other Vehicle or Aircraft and a minimum of 20 feet from a storm water inlet.
6.6 Maintenance of Refueling Vehicles and Equipment
6.6.1 Maintenance and servicing at or on the Airport of Refueling Vehicles and Equipment shall be performed outdoors or in a building that is approved by Airport Manager specifically for this purpose.
6.6.2 Operators, Lessees, and Tenants shall document and maintain and keep on file Vehicle and Equipment maintenance records. These records shall be made available to the Airport Manager upon request.
6.7 Refueling Vehicles Equipment
6.7.1 Only those Fuel storage facilities, Refueling Vehicles, and Equipment that are approved by the Airport Manager shall be used for the storage and delivery of Fuel.
6.7.2 Refueling Vehicles, fueling pumps, meters, hoses, nozzles, funnels, fire extinguishers, and bonding devices used during fueling operations shall always be maintained in a safe operating condition and in good working order and repair.
6.7.2.1 When the Refueling Vehicle(s) or Equipment is/are found in a state of disrepair, malfunction, or the use constitutes an undue fire or safety hazard, or the operation of the Refueling Vehicle(s) or Equipment would violate any Regulatory Measure, the Operator, Lessee, or Tenant shall immediately discontinue the use of such Vehicles and/or Equipment until repairs, replacements, or changes are made to render the same safe for continued use.
6.7.2.1.1 Hoses or piping connections shall be secured and capable of holding under the pump’s rated PSI discharge.
6.7.2.1.2 Hoses or nozzles shall be FM or UL approved with self-closing valve and no “hold-down or hold-open devices”.
6.7.2.1.3 All pumps shall be UL or FM approved.
6.7.2.1.4 All storage tanks shall be rated in accordance with UFC Article 24, Division II and Article 79, Division XII.
6.7.3 If any malfunction or irregularity is detected on or within the Aircraft being refueled or defueled, refueling or defueling shall cease immediately, and the malfunction or irregularity shall be brought to the attention of the Aircraft Operator immediately.
6.7.4 Refueling Vehicles, Equipment, and Fuel storage facilities shall be placarded, marked, or color coded in accordance with NFPA Publication 407 and applicable FAA ACs.
6.7.4.1 A copy of all applicable Permits, registrations, certificates, and insurance documents shall be maintained in each Refueling Vehicle.
6.7.5 Adequate and proper fire extinguishers shall be immediately available during all fueling and defueling operations.
6.7.5.1 At least two (2) carbon dioxide (or approved dry chemical) fire extinguishers (20 pounds or larger) or the types of fire extinguishers that are capable of extinguishing Category B and Category C fires shall be immediately available.
6.7.5.2 All extinguishers shall be inspected and certified, as required by law, and all personnel involved with fueling or defueling operations shall be qualified and properly trained to use all fire extinguishers.
6.7.6 Adequate and proper absorbent material(s) and Fuel spill containment capable of damming/diking a Fuel spill shall always be immediately available, as defined in the Operator’s, Lessee’s, or Tenant’s approved SPCC plan.
6.7.7 All hoses, funnels, and appurtenances used in fueling and defueling operations shall be equipped with a bonding device to prevent ignition of volatile liquids.
6.7.8 Refueling Vehicles and Equipment and Vehicles utilized to deliver Fuel to a Fuel storage facility shall be subject to inspection at any time to determine compliance with these Rules and Regulations and Regulatory Measures.
6.8 Fuel Storage Facilities
6.8.1 The maintenance and operation of Fuel storage facilities shall meet NFPA 30, NFPA 407, and FAA regulations, and shall be approved by all Agencies who regulate the maintenance and operation of Fuel storage facilities. Further the installation of all tanks and/or facilities shall meet the requirements of the City of Dickinson Fire Code.
6.8.2. Plans for installation and operation of Fuel storage facilities shall be submitted to and approved by the Airport Manager prior to installation and operation.
6.8.3. All security gates leading into Fuel storage areas shall always be kept closed and locked except when in use.