Chapter XII · Public Property

ARTICLE 2. MUNICIPAL AIRPORT

Sections 12-201 to 12-213 · 13 sections

12-201 Definitions.

As used in this article, unless the context otherwise requires, the following words and phrases shall have the meanings ascribed to them as follows:

(a)Airport — means the Municipal Airport of the City of Montezuma, Kansas.

(b)City — means the City of Montezuma, Kansas.

(c)Montezuma Airport District Board — means the person or persons designated by the city council of the city to be in charge of the maintenance, operation, and control of the municipal airport.

(d)Fixed Base Commercial User — means any individual or firm who operates any business on the municipal airport of the city and who has a written lease agreement entered into with the city.

(e)Transient Commercial User — means any individual or firm who operates any business at any time, for any length of time from, to, or at the municipal airport of the city and who has not entered into a written lease agreement with the city.

(Ord. 335, Sec. 2)

12-202 Intent and purpose of the Montezuma airport district board.

The Montezuma Airport District Board is intended to be the municipal organization that enforces the rules and regulations set forth hereunder. Also, the airport district board is established for the purpose of protecting the appearance of the physical facilities and promoting the safety and function of the airport for current and future air operations.

(Ord. 335, Sec. 3)

12-203 General authority.

The Montezuma Airport District Board shall at all times have authority to take any action necessary to safeguard the public and the users of the airport and to make and enforce such temporary rules and regulations in addition to those provided by ordinance as may be required in any situation.

(Ord. 335, Sec. 4)

12-204 Police powers.

The city extends all its police powers and ordinances pertaining thereto to the airport property to the same degree and with the same force as if the airport property was situated within the city limits.

(Ord. 335, Sec. 5)

12-205 License fee.

No person shall use the airport as a fixed base commercial user or a transient commercial user for carrying on activities involving commercial aviation, including, but not limited to the carrying of passengers, freight (express or mail) or for giving flight instruction or offering a flying school, or for operating an aerial agricultural spraying business, without first securing a permit from the city council of the city. The permit may be issued only upon payment of an annual fee in the amount of $250, which shall be assessed to any individual, firm, corporation, or other business entity engaged in aerial agricultural spraying. The annual license fee shall be paid to the city on a calendar year basis regardless of the number of days when the permit is used in any given year. A new permit shall be required in each calendar year.

(Ord. 335, Sec. 6)

12-206 Interference with aircraft operations.

No person shall raise, release, or cause to be raised or released any object or thing, including, but not limited to, balloons, kits, rockets, or model airplanes on or above the airport or within an area of the airport which in any manner may interfere with the safety of aircraft operations, unless prior approval has been obtained from the airport district board.

(Ord. 335, Sec. 7)

12-207 Fuel regulation.

No aviation fuel or other inflammable fuels shall be stored or transported anywhere on the airport by anyone without the written consent and approval of the airport district board. The airport shall be served by one centrally located refueling station to refuel all locally based and transient aircraft. The airport district board shall designate the business that shall have the exclusive right to operate the refueling station.

(Ord. 335, Sec. 8)

12-208 Aircraft space charges.

(a)Rental fee for aircraft space underwritten lease. There shall be a monthly charge of $5 per aircraft space for persons who have a written lease with the city for space in a hangar building to house aircraft. The number of aircraft spaces shall be as set forth in the written lease agreement with each lessee.

(b)Tie-Down Charge. All unattended aircraft shall be securely tied down at the designated tie-down areas. A monthly tie-down charge of $5 for a permanent based aircraft shall be charged for persons not having a written lease agreement with the city. Transient aircraft staying seven days or less shall not be charged a tie-down fee and shall be charged only for services specifically requested from and provided .by the city. Transient aircraft staying more than seven days shall pay the monthly tie-down charge.

(Ord. 335, Sec. 9)

12-209 Assumption of risk.

The privileges of using the airport and its facilities shall be conditioned on the user assuming full responsibility of any and all risks in the use. The use of the municipal airport or any of its facilities shall create an obligation on the user to be governed by the rules and regulations of the city and all applicable state and federal laws and regulations.

(Ord. 335, Sec. 10)

12-210 Building permits.

(a)All persons desiring to construct privately owned buildings on airport property must first secure a lease by negotiation with the city council.

(b)All persons with a lease agreement with the city for use of airport property must secure a building permit before construction of any structure on airport property. An application requesting permission shall state the size, location, purpose, approximate cost of construction, and plans and specifications (including construction materials) with sufficient detail to enable the city council to pass on the proposed structure.

(c)Before a building permit shall be issued, the person desiring to construct the building must show that the structure shall be of materials and design to complement the appearance and to enhance the attractiveness of the airport.

(d)All structures must be four sided and must be fully enclosed.

(e)All structures that were constructed to house aircraft must be used to house aircraft. If the structure is not used to house aircraft for a period of two years, it must be made available to house other aircraft at a fair rental value. In the event the parties cannot agree upon a fair rental value, three appraisers shall be appointed under the method described in subsection (f) below to determine the fair rental value.

(f)No building which has been damaged by fire, explosion, act of nature, or any other calamity, wherein more than 50% of the structure has been damaged shall be restored except in conformity with the regulations of this article. If there is a question concerning the extent of structural damage, the same shall be determined by three appraisers, one of whom shall be selected by the city council, one by the owner of the structure, and the third selected by the two so appointed. The decision of a majority of the appraisers shall be final for the purpose of determining whether the damaged property may be restored without a building permit. The cost of the appraisal shall be paid by the owner of the structure.

(Ord. 335, Sec. 11)

12-211 Insurance required.

Owners of buildings on airport property shall maintain a liability policy for ground activities on the premises of the airport with a minimum coverage of $300,000. The city shall be named as an additional insured on any such policy of insurance. Furthermore, the owner shall agree to indemnify and hold the city harmless from any claim or liability asserted against the city arising from the owner’s operations.

(Ord. 335, Sec. 12)

12-212 Non-standard traffic pattern.

The pilot in command may deviate from the traffic pattern if:

(a)Deviations are limited to the agricultural aircraft operation;

(b)Except in an emergency, landing and takeoffs are not made on ramps, taxiways, or other areas of the airport not intended for such use; and

(c)The aircraft at all times remains clear of, and gives way to, aircraft conforming to the traffic pattern for the airport. (FAR part 137.45)

(Code 2014)

12-213 Transient commercial users.

Any transient commercial operations must be conducted from a permanent facility approved by the City of Montezuma.

(Code 2014)