General Information

H.      Business or Commercial Activity

Business or commercial activity is defined to include the use of the Airport for one or more of the following purposes: carrying passengers, freight, express or mail for hire; instructing in aviation or in any aviation related field for compensation; selling fuels, aviation supplies or materials; renting, selling, maintaining or servicing aircraft; or conducting any other aviation or non-aviation commercial or business activity including the sale of refreshments or any commodity of service and the offering or soliciting of any act in this section.

I.       Crash-Fire-Rescue (CFR)

The Crash, Fire and Rescue (CFR) units at the Airport and equipment owned or operated for the purpose of conducting Crash-Fire-Rescue operations.

J.  Commercial Aviation Operator

Any person or entity who owns, controls, operates, manages, or leases 'any aircraft for any one or more of the following purposes: (1) the transportation of persons or property for hire, including, but not limited to, common and contract carriers by aircraft; (2) the operator of-an aircraft utilized for student training to obtain compensation; (3) the operator of an aircraft leased for profit; (4) any person engaged in the business of selling aircraft parts or aircraft accessories; (5) the holder of a certificate for commercial aircraft operation under Federal Aviation Regulations (FAR's); or (6) the operator of any aircraft determined by the Manager of Airports not to be a flying club aircraft, private aircraft or public aircraft as defined in these regulations.  

An aircraft operator not otherwise a commercial aircraft operator shall not become one solely as a result of the leasing of his aircraft to a based aircraft operator who operates under a lease with or license from Contra Costa County.

K.      Fire District

A County fire protection district in which the Airport is located.

L.      Fixed Base Operator (FBO)

Any person or entity who on or at the Airport engages for hire in the storage, repair, servicing, renting, operating or fueling of aircraft, and who has a real property lease with Contra Costa County.

M.     Flying Club

A non-profit association, partnership or corporation of five or more members owning or leasing aircraft based at the Airport, in which organization each club member is a bona fide part-owner of the aircraft (in case of owned aircraft) , or the holder of a share, but not more than one share, in the organization.  The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operation, maintenance and replacement of such aircraft.

N.  Manager of Airports

That person designated by the Public Works Director of Contra Costa County as the day-to-day executive officer for the operation of the Airport.

O.         Government Aircraft and Public Aircraft

Aircraft owned or operated by federal, state or municipal government, or agencies thereof.

P.           Maximum Landing Weight

The certified maximum gross landing weight for aircraft as prescribed by the Federal Aviation Administration (FAA).

Q.  Person/Entity

Any individual , Partnership, corporation, association, joint venture, organization, group or duly authorized representative thereof.

R.      Private Aircraft

Aircraft used solely for the transportation of the owner, the owner's employees, guests, or property, not operated for profit, and not otherwise coming within any other definition set forth in these regulations.           Such aircraft may be operated by other than the owner without losing its classification as private, provided that such use by others does not include commercial operations.

S.      Private Aviation

The operation and use of private aircraft.

T.      Tenant

Any person or employee of any person having a lease, permit, or agreement with Contra Costa County or any person who is a sublessee of a lessee and is based at the Airport.

U.   Transient Aircraft

Aircraft that are not based aircraft and which use the Airport on a periodic basis.

V.   Transient Aircraft Parking Area

Areas on the Airport which the Manager of Airports may, from time to time, designate for parking of transient aircraft.  The FBO lessees may also have transient areas on their leased premises.

W.  Uniform Fire Code

The latest version of the Uniform Fire Code adopted by the County Fire Protection District in which the Airport is located.

SECTION 4.   SCOPE OF ORDINANCE

A.     All users of and persons on the Airport for any purpose whatsoever shall be governed by this  ordinance which shall be available as a part of all leases, permits, licenses and other documents between Contra Costa County and airport users, suppliers or customers.

B.      This ordinance is not intended to and shall not be interpreted to amend, modify, supersede, or authorize the violation of any provision of federal , state or local law.  This ordinance shall insofar as possible, be interpreted so that no conflict shall exist between the ordinance and contractural agreements executed by Contra Costa County.

C.      The FAA Air Traffic Rules and Regulations governing the operation of aircraft in effect as of this date as well as all additions and deletions thereto are made a part of this Airport Ordinance as fully as if set forth herein.

SECTION 5.    COMPLIANCE WITH OFFICIAL AND/OR POSTED DIRECTIVES

A.          All persons shall comply with posted or indicated official directives which shall not be in conflict with federal, state or local law.

B.      Any person desiring to conduct any activity on or at the Airport shall comply fully with this ordinance and amendments thereto, which shall not be in conflict with federal, state or local law.

SECTION 6.    PENALTIES AND APPEALS

A.          Expulsion

Any person operating or handling any aircraft, operating any vehicle, equipment, or apparatus, or using the Airport, or any of its facilities, in violation of any of the rules and regulations contained herein, or refusing to comply therewith, may be removed from the Airport by or under the authority of the Manager of Airports.  Any person may be deprived of and refused the further use of the Airport and its facilities for such length of time as the Manager of Airports deems necessary in order to safeguard the public, the Airport and its facilities.

B.      Appeal

Any person aggrieved by an administrative action taken pursuant to this ordinance may appeal from the action to the Board of Supervisors as provided in Chapter 14-4 of the Contra Costa County Ordinance Code.

C.  Infraction

1.     Violation

Except as otherwise provided (and regardless of the availability of other civil or administrative remedies and procedures for enforcing this ordinance), every act or condition prohibited or declared unlawful by this ordinance, and every failure or omission to act as required herein, is a violation of this ordinance and is an infraction. (See Govt.  C. 25132(a)).

2.       Punishment

Except as otherwise provided by statute or this ordinance, every infraction violation of this ordinance is punishable, upon conviction thereof, by:

a. A fine not exceeding one hundred dollars for a first violation;

b. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year;

c. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.                     (See Govt.  C. §25132(b)).

D.  Misdemeanor

1.       Violation

A violation of any one of the following sections of this ordinance is a

          misdemeanor:

Section 4.C Careless or reckless operation of an aircraft prohibited as it refers to FAR 91.9'- Aircraft in flight.

Section 18.B. Careless, negligent or reckless operation of aircraft or violation of FAR 91.10 prohibited - Aircraft on the ground.

Section 18.W. Tampering with aircraft

            2.            Violation - Four or More Infractions Within a Twelve-Month Period

In the event a person or entity is convicted of more than three infractions within a twelve-month period, each infraction after the third infraction within the twelve-month period shall be a misdemeanor.

3.           Punishment

Except as otherwise provided by state law or this ordinance, every misdemeanor violation of this ordinance is punishable, upon conviction thereof by imprisonment in the county jail not for over six months and/or by a fine of not over one thousand dollars. (See Penal Code §19).

E.   Continuing Violations

Act, omissions or conditions in violation of this ordinance which continue, exist, or occur on more than one day shall constitute separate violations and offenses on each such day.

SECTION 7.   GENERAL LIMITS ON CONDUCT AND ACTIVITIES

A.      No person shall use the Airport, or any portion thereof, or any structure thereon, either directly or indirectly for the conduct or promotion of, or solicitation for any business, trade, commercial activity or for any revenue producing or fund raising purpose, except under the terms and conditions of a lease, license, contract or permit issued by the County or the Manager of Airports, and the timely payment of the fees imposed by such lease, license, contract or permit, or as otherwise authorized by this ordinance.

B.      No person shall utilize the Air Operations Area, leased areas, non-public areas or restricted areas of the Airport for any civic, charitable, educational, religious or similar purpose, except as authorized by the Manager of Airports.

SECTION 8.   RESTRICTED AREAS

A.      No person shall enter into or upon the Air Operations Area, the areas leased or assigned to airport tenants or licensees for their exclusive use, or any area not provided for the general public, except people engaged in legitimate embarkation when under appropriate supervision, or persons otherwise authorized in this ordinance, or specifically authorized by the Airport Management.

B.      Airport tenants and licensees having exclusive occupancy or control of premises through which access may be had to the Air Operations Area shall use all lawful and reasonable means to prevent, and shall be responsible for, entry into such areas by unauthorized persons or vehicles.

SECTION 9.  PERMISSION TO POST, DISTRIBUTE OR DISPLAY PRINTED MATTER REQUIRED

No person shall post, distribute or display signs, advertisements, circulars, printed or written material in or upon the Airport without prior written permission of the Airport Management.

SECTION 10.    PERMISSION FOR SOLICITATION OF FUNDS

No person shall solicit funds for any purpose in or upon the Airport without the prior written permission of the Manager of Airports.

SECTION 11.    LOITERING AND TRESPASSING

No person shall loiter on any part of the Airport or in any building on the Airport.  Any person unable to give satisfactory explanation of his presence to the Airport Management shall be deemed a loiterer under the provisions of this section and may be requested to leave the Airport.  In the event of failure to comply with a proper request to leave the Airport, such failure shall be regarded as a trespass to the property of Contra Costa County.

SECTION 12.   CARRYING OF FIREARMS

No person except peace officers and other authorized government representatives, authorized security employees and members of the Armed Forces of the United States acting under proper authority, shall carry firearms, BB or pellet guns, explosives, bows and arrows, or similar devices upon the Airport without permission of the Manager of Airports, except that legitimate hunting, sporting and survival equipment may be carried and stored in an unloaded or disabled manner where not otherwise unlawful.

damage in excess of $500 or any damage to airport property or the property of others, occurring on the Airport, shall make a full report to the Manager of Airports as soon after the accident or incident as possible, but not later than 24 hours.

SECTION 13.    ANIMALS OR BIRDS UPON AIRPORT

No person shall enter upon any part of the Airport with any animal except a “seeing eye” dog, one properly confined for shipment, or on a leash, or in such a manner as to be under the direct and immediate control of such person.  No person shall hunt, pursue, trap, catch, intentionally injure, or kill any animal or bird on the Airport without authorization of the Airport Management.

SECTION 14.    ACCIDENT AND INCIDENT REPORTS

Every person involved in any accident or incident, including but not limited to pedestrian, aircraft or automotive, involving personal injuries or property damage in excess of $500 or any damage to airport property or the property of others, occurring on the Airport, shall make a full report to the Manager of Airports as soon after the accident or incident as possible, but not later than 24 hours.

SECTION 15.    SMOKING

A.      Smoking is prohibited in areas posted in the public terminal.

B.      Smoking is prohibited within 100 feet of any fueling or defueling operations.

C.      Smoking is prohibited on any part of the Air Operations Area except that smoking may be permitted within closed vehicles and within the area(s) under permit or lease except where otherwise posted or unlawful.

SECTION 16.    INSPECTIONS OF AND ACCESS TO FACILITIES AND AREAS

The Airport Management shall have access to all buildings, operating areas, and facilities for periodic inspections with the tenant or lessee or their authorized representative present upon reasonable notice with a minimum of 24 hours prior notice and without notice in emergency situations.

If tenant or lessee refuses access after notification, the Airport Management shall have access without unreasonable restrictions.

SECTION 17.    IDENTIFICATION CARDS

Employees of all Commercial Aviation Operations or any employee of tenants requiring access to the Air Operations Area must have an Airport Identification Card or must be properly escorted as authorized by Airport Management.  These identification cards are the property of Contra Costa County.  Failure to return, or satisfactorily account for identification cards, upon termination of employment, or misuse of card shall subject the card holder to criminal prosecution.

SECTION 18.    AIRCRAFT AND AIRCRAFT OPERATIONS

A.  Compliance with Federal, State and Local Regulations

No person shall land aircraft upon, fly aircraft from, or conduct any other aircraft operations on or from the Airport otherwise than in compliance with the current regulations and directives of federal (including the current Federal Aviation Regulations), state and local authorities.

B.  Careless, Negligent or Reckless Surface Operation of Aircraft Prohibited

No aircraft shall be operated on the surface of any part of the Airport in a careless or negligent manner, or in disregard of the rights and safety of others, or without due caution and circumspection, or at a speed or in a manner which endangers, or is likely to endanger, persons or property, or while the pilot, or any other crew-member is under the influence of alcohol or any controlled substance, or if such aircraft is so constructed, equipped or loaded as to endanger or to be likely to endanger persons or property.

C.  Compliance with Official Orders, Signals and/or Directives

The pilot or other person engaged in the operation of any aircraft being operated on the surface of any part of the Airport must at all times comply with any order, signal or directive of the Airport Management. When operation of aircraft is controlled by lights, signs, mechanical or electrical signals or pavement markings, such lights, signs, signals and markings shall be complied with unless a representative of the Airport directs otherwise.

D.      Ground Taxi Operations - General

1.       No aircraft shall be started, taxied or run up unless a pilot qualified or certified in that type aircraft, or a certified airframe and engine mechanic qualified in accordance with Federal Aviation regulations in the type of operations, or a repair station mechanic suitably trained in that aircraft, is attending the aircraft controls.  Adequate aircraft restraining methods shall be employed while starting the engine or engines.

2.       The following taxi rules shall apply unless other rules are established by the Federal Aviation Administration which are inconsistent with the following:

a.       A person shall not taxi an aircraft until he has ascertained that there is no danger of collision with any person or object in the immediate area by visual inspection of the area.

b.       An aircraft shall be operated only in a careful manner or taxied at a safe and reasonable speed, for the conditions then existing.

c.     All radio-equipped aircraft shall establish radio contact with Air Traffic Control, during hours the Air Traffic Control Tower is operating.  All aircraft without radios shall advise Air Traffic Control by telephone before taxiing, and comply with Air Traffic Control directions.

d.     Pilots shall not taxi onto or across runway in use until specifically cleared to do so by radio or visual signal when the Control Tower is operating.  When the Control Tower is closed, pilots must announce intentions on the radio frequency published in the Airport/Facilities Directory prior to moving onto or across a runway.

e.       Aircraft shall be taxied in accordance with the prescribed taxiing patterns established by the Airport, or as directed Air Traffic Control.

f.       Each person operating an aircraft on the Airport or part of the Airport that is not under the direction of Air Traffic Control shall comply with the orders, signals, and direction of the Airport Management.

g.       A person may neither start nor taxi any aircraft (including helicopters) on the Airport in a place where the exhaust, rotor, or propeller blast is likely to cause injury to persons or property.  A person shall not run the engine or engines of any aircraft at any location on the Airport in such manner as to cause damage to other aircraft or property or in such manner as to blow paper, dirt or other materials across taxiways or runways in such manner as to endanger the safety of operations of the Airport.  This provision specifically includes tiedowns and shade hangars.  If the aircraft cannot be taxied without violating this paragraph, the operator must have it towed to the desired destination.

h.     Except in FBO leased areas a person may not move a rotorcraft at a place on the Airport (other than a heliport) while its rotors are turning unless there is a clear area of at least one rotor diameter from the outer tip of each rotor.  A person may not move a rotorcraft at a heliport while its rotors are turning unless there is a clear area of at least twenty (20) feet from the outer tip of each rotor.  In FBO leased areas, the lessee is totally responsible for operational safety of helicopters within their area.  Airport Management may stop any operation deemed unsafe.

i.             A person shall not taxi aircraft or rotorcraft into or out of hangars under its own power, under any circumstances, nor shall aircraft be taxied into any area from which the general public is not restricted.

E.          Permission Required to Land or Take Off Aircraft Which Are Not    Registered and Certificated

Aircraft which are not Registered and Certificated by the FAA or any recognized foreign country may not land or take off at the Airport without the prior permission of the Airport Management.

F.           Aircraft Equipment Rules

An aircraft shall not be operated on the Airport unless it is equipped with tail or nose wheel and appropriate wheel brakes, except with the permission of Airport Management.  When any pilot of an aircraft that is not equipped with adequate brakes receives permission from Air Traffic Control to taxi such aircraft, the pilot shall not taxi such aircraft near buildings or parked aircraft unless an attendant is at the wing of the aircraft to assist the pilot.

G.     Radio Contact

1.     Pilots of aircraft shall neither land, nor taxi, nor take-off until a clearance is obtained from Air Traffic Control by radio, telephone or light signal, during the hours that the Control Tower is in operation.

2.     All aircraft based on or operating regularly into or out of the Airport must be equipped with an operational two-way radio.

3.     Any aircraft at the Airport, which has had radio failure, will obtain, in person or by telephone, general instructions from Air Traffic Control prior to taxiing out for takeoff.

4.     When the Air Traffic Control Tower is closed all aircraft must announce their intentions regarding landing or take-off by two-way radio on the frequency published in the Airport/Facilities Directory and must monitor this frequency while within a five mile radius of the Airport.

H.  Unauthorized Parking or Storage of Aircraft Prohibited

Unless otherwise provided in a lease, permit, or other agreement authorized by Contra Costa County, no person shall use any area of the Airport for parking or storage of aircraft, other than transient parking, without permission of the Manager of Airports.  If, notwithstanding the above prohibition, a person uses such areas for parking or storage as aforesaid, without first obtaining such permission, then the Manager of Airports shall have the authority to order the aircraft removed or to cause the same to be removed and stored at the expense of the owner thereof.

I.     Permission Required to Land, Takeoff or Taxi Overweight Aircraft

No aircraft having an actual gross weight over that indicated for the Airport in the Airport/Facility Directory, including in such weight passengers, cargo, fuel, equipment, etc., shall land, take off or taxi on the Airport without the permission of the Manager of Airports.

J.    Qualified Persons Only to Operate Aircraft

No person shall land, take off or taxi an aircraft at the Airport unless he is qualified or certified to operate that particular type of aircraft or is a certificated A & P mechanic properly qualified to taxi that particular type of aircraft.

K.      Disabled Aircraft

If an aircraft is disabled so as to restrict use of any runway or taxiway on the Airport, the Manager of Airports may take whatever action is necessary to make the runway or taxiway safe for other aircraft.  The aircraft owner shall bear the expense of removal of the aircraft.

If the owner or pilot refuses or is unable to move an aircraft, as directed by the Manager of Airports, the aircraft may be towed away and stored at the owner's expense.  The same procedure shall apply to removal of a wrecked or damaged aircraft and its parts.  The County shall have a lien, upon the aircraft for the cost of such towing and storage as described above, pursuant to Code of Civil Procedure Section 1208.61.

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