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L. Parking, Loading, and Unloading of Aircraft
1. Aircraft shall be parked in only those areas or positions on the Airport assigned by the Manager of Airports. On FBO leased premises, the lessees shall be responsible for the aircraft parked within their areas.
2. When parking or storing aircraft at the Airport, the aircraft operator shall park or store such aircraft in a manner so as to not create a hazard to or interfere with other aircraft, persons or property, including access to hangar areas.
3 No person shall leave an aircraft unattended on the Airport unless it has been parked and adequately secured in an area designated for the class of aircraft. Owners are liable for any damages resulting from improperly securing their aircraft.
4. Aircraft having long term tiedown space and having a Permit for Non Commercial Aircraft Storage with the Airport must be tied down in its assigned tiedown space except when the pilot is in attendance with the aircraft.
5. The engine(s) on the boarding side of a multi-engine aircraft must be shut down when passengers are being enplaned or deplaned. All single engine aircraft must be shut down or helicopter rotors stopped when enplaning or deplaning passengers or freight, unless otherwise authorized by the Airport Management. In all cases, the pilot must be at the controls if any engine(s) are left running.
6. If an aircraft parking area is posted for "loading and unloading only", the pilot must remain with the aircraft.
M. Parked or Stored Aircraft to be Moved Upon Request
Upon direction or request from the Manager of Airports, the operator of any aircraft parked or stored at the Airport shall move said aircraft from the place where it is parked or stored to any other designated place. If the operator refuses to comply with any such reasonable directive, the Manager of Airports may move said aircraft to such designated place at the operator's expense.
N. Lighting Facility Damage
Any person damaging any light or fixture by means of contact with aircraft or in any manner whatsoever shall report such damage to the Airport Office immediately and shall be fully responsible for any costs required to repair or replace the damaged facility.
0. Interference With or Unauthorized Starting of Aircraft Prohibited
No unauthorized person shall interfere with the operation of any aircraft at the Airport, or start the engine of such aircraft without the owner or operator's consent.
P. Repair and Maintenance of Aircraft
1. Aircraft, or parts thereof, shall be repaired and maintained only in those areas of the Airport specifically designated or otherwise authorized for such purpose by the Manager of Airports and the Fire District; provided that minor adjustments may be made while the aircraft is on a loading ramp or apron preparatory to take-off when such adjustment is necessary to prevent a delayed departure which would result from the aircraft having to reposition to a designated repair area.
2. The owner or operator of an aircraft, including any necessary assistants, may perform maintenance repairs upon owned aircraft providing such individuals are properly permitted to do such work under current Federal Air Regulations and other provisions of this ordinance. Such work shall be conducted so as not to create hazard or nuisance to other aircraft, persons or operators upon the Airport.
3. The airport management may authorize individuals or companies to perform repairs and maintenance on aircraft under unusual circumstances, i.e. repair to flyaway status, by owner of aircraft not based upon the Airport; on aircraft of unusual design size or age; aircraft and the components for which there is not any qualified certificated Fixed Base Operator upon the Airport.
4. Owners or operators of aircraft based at the Airport, and their assistants and employees, may perform repairs and preventive maintenance that do not require the draining of gas, oil or hydraulic fluid in their tie-down space in accordance with current FAR�s. Aircraft substantially disassembled for a period of thirty (30) days may be required to be relocated to a long term storage area, as may be available at a discounted rate, at the discretion of Airport Management.
5. Owner or operators of aircraft based at the Airport and their employees and assistants may perform repairs or preventive maintenance in their hangars so long as such repairs are accomplished in accordance with applicable FAR'S, and the Uniform Fire Code.
6. Parts, tools or supplies, beyond those required for the repair or maintenance being conducted, are not permitted to accumulate in designated aircraft parking, maintenance or storage areas other than in fully enclosed hangars. Persons conducting repair or maintenance shall be responsible for the prompt securing of removed parts, daily clean-up of such areas and removal of any accumulated materials.
7. Where required, a permit to operate an aircraft repair hangar shall be obtained from the Fire District.
Q. Special Aircraft and Special Aircraft Operations
1. The following types of aircraft shall not operate from the Airport without express written authorization of Airport Management, which authorization shall not be unreasonably withheld:
a. Gliders, b. balloons, c. "restricted" aircraft, d. foot launchable aircraft, e. ultralight aircraft
2. The following types of activities shall not be conducted on or from the Airport without prior authorization from the Manager of Airports:
a. aerobatic flight; b. towing of banners; c. formation operations; d. parachute jumps; e. airshows; or f. rockets and/or kites, g. model or radio controlled airplanes.
3. The practice of simulated ground and/or in flight emergencies for the purpose of obtaining or maintaining pilot proficiency may be executed only under the following conditions:
a. Simulated emergencies in the Airport Traffic Area may be practiced only during the hours of Control Tower operation and with the prior knowledge of the Control Tower.
b. No emergencies will be simulated in the Airport Traffic Area unless the airplane is in a position where it can return safely to the field if full recovery from the simulated emergency is not possible.
c. No departure emergencies may be simulated when using Runways 19L/R, 14L/R, 32L, or 1R.
d. No powerplant or systems emergencies will be simulated in any manner which might jeopardize the full and prompt recovery of the powerplant or system. Powerplants may be reduced to zero or negative thrust in simulated emergencies, but they will not be shut down or propellers feathered.
4. The authorization(s) referred to in subsections Q.1 and Q.2 of this Section shall not be granted unless the subject activity has been approved by other governmental agencies whose approval is required by law, and evidence thereof presented to the Airport Management by the person or persons seeking such authorization, and is consistent with the public interest and safety.
5. Initial flight tests of experimental aircraft shall be restricted to conditions stipulated by the FAA in their approval of the test program. Departures will be allowed only from Runways 32R or Runway 1L. In addition, Airport Management must be advised of initial flight, and may at his discretion, impose additional safety restrictions. The Air Traffic Control Tower must be advised that the aircraft is on its first flight before takeoff.
R. Engine Starting and Runup
1. Aircraft runup at the Airport shall not be performed in any area that would result in a hazard to other aircraft, persons or property, and in no case closer to buildings than 200 feet unless otherwise posted.
2. No person shall start or run any engine in an aircraft unless a qualified person is in the aircraft attending the controls. Chocks shall be placed in front of the wheels before starting the engine or engines, unless the aircraft is provided with adequately manned brakes. Manually started aircraft shall be properly restrained.
3. No person shall run the engine or engines of any aircraft at any location on the Airport in such a manner as to cause damage to other aircraft or property or in such a manner as to endanger the safety of operations on the Airport.
4. Engine runup for maintenance or test purposes shall be conducted at locations specified by the Manager of Airports. No maintenance or test runups shall be conducted between the hours of 10:00 p.m. and 7:00a.m. local time. (A test runup shall be defined as engine power settings exceeding 1500 propeller RPM for 20 seconds. Turbo prop test runups may be in accordance with manufacturer's recommendations but not to exceed a period of 20 seconds.)
5. No aircraft or helicopters may be left unattended with the engine running.
S. Emergency Refusal of Clearance to Use Airport and Closing of Airport
1. Airport Management may, when necessary for safe or efficient operations at the Airport, delay or restrict any flight or other operation at the Airport by any aircraft, and may prohibit the use of all or any part of the Airport by any aircraft operator for reasonable cause.
2. In the event the Manager of Airports, or his representative, determines that conditions in the Air Operations Area are unsafe, or for other operational reasons the Air Operations Area or a portion thereof should be closed, he may issue a Notice to Airmen (NOTAM) closing the Air Operations Area or any portion thereof.
T. Rates, Charges and Fees
1. Based aircraft monthly fees, transient aircraft parking fees, landing fees, key card fees, and various miscellaneous fees shall be set by the Contra Costa Board of Supervisors by Resolution. These fees may be revised from time to time by the Board of Supervisors after adequate notice and public comment.
U. Landings & Take-Offs
1. All aircraft shall land and take-off on runways only as instructed by Air Traffic Control when the Control Tower is open and operating. Aircraft shall have two-way radio capable of communicating with Air Traffic Control , except by prior permission, or in accordance with Federal Air Regulations. 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.
2. Aircraft landing on runway 32L shall not touchdown until passing the threshold of the runway. No aircraft shall touchdown in the underrun.
3. Landings and take-offs shall not be permitted on the taxiways or other Airport surfaces unless permission is granted by the Airport Management and the Air Traffic Control Tower.
4. All fixed wing aircraft are required to depart form runway ends.
5. For all fixed wing aircraft departures, no turns are permitted until an altitude of 500 feet is attained (except in an emergency) unless specifically approved by the Airport Management. All large aircraft and jet aircraft are required to climb as rapidly as practicable until an altitude of 1,500 feet is reached.
6. Landing aircraft shall maintain not less than traffic pattern altitude until necessary to commence descent for a normal landing.
7. Rotorcraft shall conform to the traffic patterns established by the Manager of Airports and maintain an altitude of 500 feet when outside of the Airport premises. Rotorcraft shall not be operated within 200 feet of any area where light aircraft are parked or operating, except for designated helipads or in areas leased by FBO's and then only with their prior permission.
8. Landings and takeoffs by all light twin engine aircraft and large aircraft (12,500 pounds and over) and jet powered aircraft are prohibited on Runways 1R/19L and 14R/32L.
9. No touch-and-go training operations are permitted for any large aircraft (12,500 lbs. over) or pure jet aircraft except with permission of the Manager of Airports.
10. Practice landings and takeoffs, training and/or proficiency operations, including but not limited to touch-and-go operations, shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m. local time without the express written approval of the Manager of Airports. On weekends and holidays, touch and go operations are prohibited from 10:00 p.m. until 8:00 a.m. local time.
11. No pilot shall operate any aircraft which exceeds a sound level of 78dBA on take off as per FAA Advisory Circular 36-3, as amended. For night time operations, this level shall not exceed 75dBA.
V. Agricultural Aircraft Operations
No dusting, spraying of insecticide or other flights of an agricultural nature shall be allowed on the Airport without the prior written approval of the Manager of Airports.
W. Tampering With Aircraft
No person shall interfere or tamper with any aircraft; or put in motion the engine of such aircraft; or use any aircraft, aircraft parts, instruments or tools without permission of the owner or by specific direction of the Manager of Airports.
X. Display of Aircraft Registration Numbers
All aircraft operating from the Airport and all aircraft based at the Airport shall display visible aircraft registration numbers consistent with Federal Aviation Administration records pertaining to that aircraft, and in accordance with current FAA requirements.
Y. Prohibition of Landing and Taking Off Under Specific Circumstances
1. The Airport Management may prohibit aircraft from landing or taking off at any time such landing or takeoff is likely to endanger persons or property, except for bona fide emergency landings.
2. landing and takeoff operations by specific aircraft or aircraft operators may be prohibited by the Manager of Airports when necessary to enforce this ordinance or governmental regulations.
SECTION 19. FIRE PREVENTION, EXPLOSIVES & DANGEROUS SUBSTANCES
A. Storage, Holding, Use or Transport of Restricted Materials or Explosives and Other Dangerous Articles
1. No person shall store, keep handle, use, dispense or transport at, in or upon the Airport any Class A or Class B explosives (as defined in the Interstate Commerce Commission Regulations for transportation of explosives and other dangerous articles), dynamite, nitroglycerine, black powder, fireworks, blasting caps or other explosives without prior written permission of the Manager of Airports.
2. No person shall use flammable liquids on Airport property for the cleaning of aircraft, aircraft engines and parts or for any other purpose except as allowed by the Uniform Fire Code.
B. Storage of Flammables and Hazardous or Dangerous Materials
1. No person shall keep or store flammable or combustible liquids, gases signal flares, hazardous material or similar materials in hangars or in any airport building. Such materials may be kept and stored in an aircraft in proper receptacles installed therein designed for such purposes. When it is necessary to store or use such materials within airport buildings, it shall be in structures, rooms, cabinets or container approved for that purpose, in conformance with the requirements of the Uniform Building and Fire Codes and with the approval of the Airport Manager.
2. No person shall keep or store lubricating or waste oil in or about the hangars or any building on the Airport except in approved containers and in conformance with the Uniform Fire Code.
3. Any persons who accumulate waste, rags, or other rubbish, shall provide approved metal receptacles with self-closing lids for storage of these materials. All used waste and rags or other rubbish shall be removed daily or in regularly scheduled pickups. Dumpsters and similar trash receptacles shall be kept away from buildings.
4. Gasoline, oil and solvent drums or containers shall not be stored in the Air Operations Area in excess of amounts actually needed as current stock. Any such material located anywhere on the Airport, as approved by the Manager of Airports, shall be kept enclosed and covered in a container of a design and type that meets the approval of the Manager of Airports. Storage shall be in accordance with the Uniform Fire Code.
C. Removal of Portable Fire Extinguishers
Portable fire extinguishers shall not be removed from their designated locations for any reason other than to fight a fire or potential fire or to be recharged.
D. Access to Fire Extinguishing Equipment
Access to all fire extinguishing equipment shall be kept free and unobstructed at all times. It shall be the responsibility of tenants and lessees to have fire extinguishers under their control serviced annually and after use by persons licensed by the State Fire Marshal.
SECTION 20: FUELING AND INFLAMMABLES
A. Fueling Operations
1. During the fueling or defueling of any aircraft:
a. No person shall smoke within the Air Operations Area (except as provided in Section 15.C.) or within 100 feet of such aircraft whichever is the more restrictive.
b. No person shall operate any radio transmitter or receiver or switch electrical appliance on or off in such aircraft.
c. No person shall use any material or equipment which is likely to cause a spark or ignition.
d. A minimum of two (2) fire extinguishers having a rating of 20B or greater shall be within reach of persons engaged in the process.
e. No engine of any such aircraft shall be started, kept running or be warmed by applications of exterior heat.
f. No passengers shall be on board such aircraft unless a passenger loading ramp is in place at the cabin door of the aircraft, the aircraft door is in open position and cabin attendant (if any) is present at or near the cabin door.
g. Care shall be exercised to prevent spillage of fuel . Airport Management shall be called any time spillage in excess of one gallon occurs.
2. Any flammable liquids spilled during transfer shall be removed immediately. No engine of any aircraft shall be started when there is a flammable liquid on the ground under such aircraft, except sump drain checks.
3. No aircraft shall be fueled or defueled when any portion of the aircraft is in a hangar or enclosed space.
4. Fueling hoses, funnels and apparatus shall be equipped with a grounding device to prevent ignition of flammable liquids. During any fueling process, the aircraft and the fueling apparatus shall be grounded to a point or points of zero electrical potential.
5. No fuel shall be transported into the Air Operations Area, other than in aircraft fuel tanks, aircraft refueling vehicles, fuel transport trucks, or containers acceptable to the Manager of Airports, nor shall an aircraft be defueled on any portion of the Airport, except by a lessee having an approved Fueling Operations Manual (Section 20 C), prior to securing from the Manager of Airports of a permit for the intended purpose.
6. Fueling hoses and equipment shall be maintained in a safe, sound and non-leaking condition and shall be of a design and make approved by a nationally recognized testing agency.
B. Use of Approved Fuel Storage and Delivery Facilities
1. All operators of aircraft who receive, and all persons who supply, aviation fuel and lubricating oil at the Airport shall use only those aviation fuel storage and delivery facilities and equipment approved for such use by the Manager of Airports and the Fire District.
2. The transfer of bulk aircraft or commercial fuel from one vehicular tender into another is prohibited within the boundaries of the Airport without the prior permission of the Airport Management.
3. All airport refuelers shall obtain a permit to operate refueling vehicles from the Fire District.
C. Fueling Operations Manual Required
All persons or operators who dispense fuel for compensation into aircraft at the Airport are required to have a current Fueling Operations Manual which must be approved by the Manager of Airports and the Consolidated Fire District. This Fueling Operations Manual is to be kept current and is to be submitted for inspection to the Manager of Airports Office upon demand. The Manager of Airports Office will approve or may require modifications to the fueling manual. Fueling operators are required to comply with their approved Fueling Operations Manuals. These fueling operations manuals shall contain as a minimum the following information:
1. Employee training program
2. Daily/weekly/monthly equipment inspection program3.
3. Fueling and defueling procedures
4. Transport/delivery procedures
5. Quality control procedures
6. Emergency procedures
7. Fuel spill procedures
D. Automotive Fuel in Aircraft
1. Provided appropriate Supplemental Type Certificates (STC's) have been obtained and are part of the aircrafts' required operating documentation, owners may fuel their aircraft with automotive fuel in accordance with the following conditions and procedures:
A. The fuel dispensed must meet the standards of ASTM D439 and all requirements of the Supplemental Type Certificates (STC's). Pilots shall use gasoline from known and reliable suppliers and especially observe precautions against fueling of aircraft with contaminated fuels. Use of fuels containing alcohol is prohibited. Results of periodic testing of fuel for contaminants including alcohol, shall be made available upon request.
B. Aircraft must be fueled in an area designated by Airport Management. Such area will be equipped with proper grounding equipment and have appropriate fire extinguishers.
C. The containers, fueling equipment, and fueling procedures must be acceptable to the Manager of Airports and be approved by the Consolidated Fire District.
2. There will be no self fueling of aircraft with automotive fuel in tiedowns or other unauthorized locations.
3. Authorized areas for self fueling of aircraft with auto fuel shall be posted by Airport Management.
SECTION 21: VEHICLES AND GROUND EQUIPMENT
A. Compliance With Official Orders, Signals and Directions
1. All vehicular traffic in or upon the Airport shall at all times comply with the order, signal or direction of Airport Management. When such traffic is controlled by official traffic lights, signs, mechanical or electrical signals, or pavement markings, such lights, signs, signals and markings shall be obeyed.
2. All vehicles having access to the Air Operations Area, tiedown area, or hangar areas must meet the State requirement for insurance. The Manager of Airports may require proof of such insurance.
B. Vehicle Rules of Operation
1. No person shall operate a motor vehicle on the Airport without a valid operators license.
2. Persons authorized to operate vehicles in areas other than tiedown or hangar areas must have a current airport license issued by Airport Management or as otherwise approved.
3. No person shall operate a vehicle in a reckless or negligent manner, or in excess of the posted or designated speed limits, other than emergency vehicles. Speed limits on ramps, aprons, or in aircraft parking and hangar areas shall not exceed fifteen (15) miles per hour.
4. Pedestrians and aircraft shall at all times have the right of way over vehicular traffic. All vehicles shall give proper signals and observe the directions of posted traffic signs.
5. All vehicles shall pass to the rear of taxiing aircraft.
6. No person shall operate a vehicle or aircraft within or on the Airport while under the influence of intoxicating liquor or controlled substances.
7. No person shall operate a vehicle which is overloaded or carrying more passengers than for which the vehicle is designed. No person shall ride on the running board or ride on the outside of the body, or have their arms or legs protruding from the vehicle; emergency equipment excepted.
8. No person shall operate a vehicle which is so constructed, equipped or loaded so as to endanger persons or property on the Airport.
9. No person shall operate a vehicle in any hangar or enclosed area on the Airport without exhausts protected by appropriate mufflers, screens or baffles to prevent the escape of sparks or propagation of flame.
10. Tiedown or hangar tenants are allowed to operate vehicles only in those general areas where tenant aircraft are located unless specific approval is given by the Airport Management to operate on other areas of the Airport.
11. All vehicles which are authorized to travel in areas other than the tiedown or hangar areas are required to have a functioning amber rotating beacon which shall be visible from all directions and of sufficient brilliance to be seen under clear weather conditions at a distance of at least one mile. All vehicles which will be operated in hours of darkness must also have all normal operating lights and reflectors for said type of vehicle.
12. All construction equipment operating on any portion of the Air Operations Areas must have an operating amber rotating beacon which shall be visible from all directions and of sufficient brilliance to be seen under clear weather conditions for a distance of one mile, or display an approved nine square foot flag of a checkered aviation orange and White or both as determined by the Airport Management. Construction vehicles shall be confined to areas specified by the Manager of Airports and shall not deviate from this area without specific permission.
13. A vehicle shall not be driven between an aircraft and a gate when an aircraft is loading or unloading passengers.
14. All vehicles operating on the Airport between the hours of sunset and sunrise shall have fully operating headlights and tail lights visible from at least 500 feet.
15. Any person who damages any light, fixture, fence, or other Airport facility by means of contact with vehicles shall report such damage to Airport Management immediately and shall be fully responsible for any costs required to repair or replace the damaged light, fixture or facility.
16. Except where otherwise posted, the rate of speed on any roadway or street within the territorial boundaries of the Airport shall not exceed 25 miles per hour. Notwithstanding the above, no person shall drive a motor vehicle within the Airport's boundaries at a speed greater than is reasonable or proper, having regard for prevailing traffic, weather and other conditions.
C. Radio Equipment
All vehicles which are authorized to travel in areas other than the tiedown areas or hangar areas shall be equipped with two-way radio and be in continuous communication with Air Traffic Control when the Tower is in operation. Vehicles are to monitor the appropriate frequency when the Tower is closed. The following types of equipment are exempt:
1. Vehicles which are authorized to operate in the tiedown or hangar areas only. These vehicles are not permitted on any taxiway or runway.
2. Vehicles which are operating on FBO leased areas exclusively. If a vehicle must proceed onto a taxiway when proceeding from one section of a leased area to another, the vehicle then must have two-way radio and airport operating licenses.
3. Crash, fire and other emergency equipment while attending an accident when another radio control vehicle is acting as a leader. If the emergency equipment is equipped with Contra Costa County Consolidated Fire District radios and is in contact with the Air Traffic Control Tower through those radios, the vehicle then may proceed as directed by the Control Tower personnel.
4. Agricultural and maintenance equipment owned by Contra Costa County not working on the runways.
5. Aircraft support equipment such as power units, tow tractors and the like when operating on a leased area only.
6. Any other vehicles escorted by authorized vehicles or exempted in writing by the Manager of Airports.
D. Stopping or Parking in Certain Areas Prohibited No person shall stop or park a vehicle in or upon the Airport:
1. In front of a driveway, hangar entrance (except with hangar tenants express permission and only while vehicle operator is present), taxi lane or fire lane.
2. Within a bus stop zone or taxicab zone, except vehicles authorized to use such areas.
3. In other than leased or authorized areas for the purpose of washing, greasing or repairing a vehicle, except repairs necessitated by an emergency.
4. On the roadway side of any stopped or parked vehicle (double parking).
5. Within 15 feet of a fire hydrant.
6. Other than in accordance with restrictions posted on authorized signs.
7. In a tiedown area in such a manner so as prohibit or cause difficulty for adjoining tiedown tenants to move an aircraft in or out of their leased space.
8. In the movement areas between rows, or on the ends of hangars.
E. Disabled, Abandoned or Illegally Parked Vehicles Subject to Removal
The Manager of Airports may tow away or otherwise remove and impound motor vehicles which are disabled, abandoned, or parked in violation of these rules and regulations, or which interfere with airport operations, at the owner's or operator's expense and without liability for damage which may result in the course of or after such removal.
F. Repair of Motor Vehicles
No person shall clean or make repairs to motor vehicles anywhere on the Airport other than in designated areas, except those minor repairs necessary to remove such motor vehicle from the Airport; nor shall any person move, interfere or tamper with, any motor vehicle, or put in motion the engine, or take or ' use any motor vehicle part, instrument, or tool thereof, without the permission of the owner.
G. Use of Roads and Walkways
1. No person shall travel on the Airport other than on the roads, walks or places provided for that particular class of traffic.
2. No person shall occupy the roads or walks in such a manner as to hinder or obstruct their proper use.
SECTION 22. COMMERCIAL AIRLINES
A. Requirements for Business or Commercial Activities
1. No person shall engage in the sale or rental of any commodities, supplies or services or any business or commercial activity whatsoever within the limits of the Airport without a current lease, contract, license agreement, or other written agreement with Contra Costa County.
2. No person shall in the use of the Airport or any of the facilities located thereon discriminate or permit discrimination against any other person or group on the grounds of age, sex, race, color, creed or national origin in any manner prohibited by part 21 of the regulations of the Office of Secretary of Transportation and Title VI of the Civil Rights Act of 1964. In the event of noncompliance with the above provision, the Manager of Airports may take such action as the Federal Government may direct to enforce such compliance.
3. No person shall engage in any aeronautical activity for furnishing services to the public at the Airport unless:
a. Said service is conducted on a fair, equal and not unjustly discriminatory basis to all users thereof, and
b. Fair, reasonable and not unjust discriminatory prices are charged for each unit or service; provided that reasonable and non-discriminatory discounts, rebates or other similar types of price reductions may be made to volume purchasers.
4. Any person engaged in any business or commercial activity on the Airport shall carry public liability insurance covering all risks; also protecting Contra Costa County and the Airport. The amount of this coverage shall be established in the lease, contract, license agreement, or other written agreement with Contra Costa County.
5. Any person engaging in any business or commercial activity on the Airport shall accept all moral and financial responsibilities of its operation and hold Contra Costa County, its agents and employees harmless of any liability incurred because of such operations.
6. Any person conducting a commercial activity on the Airport must provide to the Manager of Airports, upon request, information regarding the nature of the business, principals, and owners of the business, financing agreements for the business, financial statements, or other appropriate information needed to enter into or determine current status of a lease, contract, or license agreement, with the operator.
7. Any lessee or operator who shall be subject to this ordinance who shall violate any of the provisions thereof after the date of this ordinance, shall have his lease, contract, or license agreement cancelled and terminated at the discretion of and upon notice by the County. Lessees must have been given notice and time to cure in accordance with their respective leases.
8. Notwithstanding any of the definitions, provisions, and prohibitions of paragraphs 23.A.1 through 23.A.7 and paragraphs 23.B.1 through 23.B.6, the following shall apply:
a. The owner(s) or operator of any aircraft based at the Airport may personally use the professional services of appropriately and currently licensed flight instructors and aviation mechanics and inspectors for his/her owned airplanes.
b. The service so performed must be personal in nature to the owner or the owner's airplane.
c. The service so performed does not represent the de-facto establishment of an on-going commercial business.
d. The Manager of Airports shall develop and implement such reasonable administrative provisions and fees in the interests of safety and airport security as are required to carry out the intent of section 23.A.B.a.
B. Requirements for Commercial Aviation Activities
1. No person shall use the Airport as a base or terminal for the carrying on of commercial aviation including but not limited to fixed based operations; aircraft maintenance; aircraft rentals; scheduled or non-scheduled carrier carrying passengers, freight, express, or mail; or student instruction; communications; or any other commercial flying, without a current lease or license agreement authorizing such activity with the Airport.
2. No person shall engage or employ any person to provide commercial aviation services as defined above except from those persons officially authorized by the Airport to conduct such commercial activities on the Airport, unless specific permission is given for special circumstances by the Manager of Airports.
3. Any person desiring to conduct a pilot school or engage in student training in aviation shall comply with standards as set forth in Federal Aviation Regulations.
4. Any person desiring to conduct maintenance service for the repair of aircraft engines, airframe, propellers, instruments, accessories or radios shall comply with the standards established in Federal Aviation Regulations, Part 145.
5. Any person desiring to fly aircraft for hire for the transportation of people or property shall comply with the regulation established in either Federal Aviation Regulation, Part 135 as applied to "Air Taxi and Commercial Operators of Small Aircraft" and shall hold a valid "Air Taxi/Commercial Operating Certificate"; or shall comply with the regulations established in Federal Aviation Regulation, Part 121 as applied to certification and operations; air carriers and commercial operators of large aircraft. Any person upon the request of the Manager of Airports or his representative shall produce evidence showing the appropriate operating certificate.
6. Any person making application for commercial aeronautical concessions will be required to show that he will be able to meet the standard qualification requirements as set forth in the Airport Policy and Standards for Development.
SECTION 23. PUBLIC, LESSEE & TENANT USE
A. Preservation of Property
No person shall move, alter, make additions to or erect any building or sign on the Airport, or make any excavation on the Airport without the express prior written permission of the Manager of Airports or Contra Costa County.
B. Obligations of Airport Users
1. No person shall keep an uncovered trash container in any area of the Airport. The area to be used for trash/garbage containers shall be designated by the Manager of Airports and no other area(s) shall be so used. Such area(s) shall be kept clean and sanitary at all times by users.
2. No tenant, lessee or person on the Airport shall store or stack material or equipment in such a manner so as to constitute a hazard to personnel or property.
3. All persons leasing space (except tiedowns) at the Airport shall supply ind maintain on their leasehold space accessible fire extinguishers; type and number to be determined by the Contra Costa County Consolidated Fire District or the Manager of Airports. Extinguishers to be inspected annually and recharged immediately after use.
4. All Airport billings and claims are payable upon presentation unless otherwise noted thereon, or as specified by written agreement, lease, permit or letter.
5. No tenant lessees, and permittees or other person is permitted to make structural or external decorative changes or additions of any type without the prior written approval of the Manager of Airports.
6. Tenants, lessees, and permittees, shall be fully responsible to the Airport for damage to any property and appurtenances in the ownership or custody of the Airport when such damage is caused by the negligence, abuse or carelessness on the part of the tenant, lessee permittee or their employees, agents, customers, visitors, suppliers or persons with whom they do business.
7 Tenants, lessees and permittees shall maintain their leased areas in a manner satisfactory to the Manager of Airports, and in accordance with their individual lease, license, or permit agreements. Failure to adhere to these provisions may be considered sufficient reason to ,warrant cancellation of the lease agreement in part or in whole by the Airport.
8. Unauthorized signs, fixtures or other improvements to leased areas shall become the property of the Airport if tenant has been properly notified to abate such unauthorized installation and has failed to cure within 30 days.
C. Disorderly Conduct
No person shall be or become intoxicated, use controlled substances commit any disorderly, obscene or indecent act, or commit any act of nuisance, or conduct or engage in illegal gambling on the Airport.
D. Gate Security
It shall be the responsibility and duty of aircraft operators and other persons using the Airport to close and keep secure gates which lead to the Air Operations Area. Key cards, gate access cards, gate access combinations or keys are not to be given to unauthorized persons.
E. Floor, Apron and Ramp Care
All lessees and tenants on the Airport shall keep the floors of the hangars, hangar areas and apron and ramp areas leased or subleased by them, respectively, or used in their operation, clean and clear of accumulation of oil, grease and other materials. All operators and users shall be responsible for cleaning up any spills of oil, gas, grease and other materials in the Airport Operations Area.
F. Flying Club Rules
1. Flying clubs must submit a complete list of their membership including names and addresses annually to the Manager of Airports.
2. The Manager of Airports has the right to arrange for an audit of club records to determine whether the club complies with all of the requirements set forth herein as a non-profit flying club. This may include an audit of books to determine whether or not the club is in non-profit status.
3. The club will submit annually current rules, articles of incorporation, by-laws, and regulations governing the flying clubs activities.
4. All flying club flight instructors must be members of the flying club.
5. Flying clubs are required to provide the County with a Certificate of liability insurance naming the County as an additional named insured in the amount of $1,000,000 or as adjusted from time to time by the County.
6. The flying club shall keep current with the Manager of Airports, the name, address, and current phone number of the person responsible for the aircraft, in case of emergency.
SECTION 24. GROSS WEIGHT LIMITATIONS
No aircraft having a Gross Takeoff Weight in excess of 60,000 pounds for single wheel aircraft and 90,000 pounds for dual wheel aircraft may operate at the airport, except by prior written permission of the Manager of Airports.
SECTION 25. SEVERABLE
If any provision or clause of this ordinance or the application thereof to any person or circumstances held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other ordinance provisions or clauses or applications thereof which can be implemented without the invalid provision or clause or application, and to this end the provisions and clauses of this ordinance are declared to be severable.
SECTION 26. EFFECTIVE DATE
This ordinance becomes effective thirty days after the passage, and within fifteen days of passage, shall be published once with the names of the supervisors voting for and against it in the Contra Costa Times, a newspaper published in this County.
PASSED ON February 3, 1987 by the following vote:
AYES: Supervisors Powers, Fahden, Schroder, Torlakson and McPeak NOES: None
ABSENT: None
ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator
By: ___(SEE ORIGINAL)__ ___(SEE ORIGINAL)___ Deputy Clerk Board Chair
"ADMINISTRATIVE PROCEDURE FOR SECTION 23.A.8.a�
1. An aviation mechanic or inspector is allowed to participate in or conduct any repair, maintenance or inspection if he/she has registered with the Airport Management as provided for in #4 below within the previous twelve (12) months and in no case may conduct repair, maintenance or inspection other than owner assisted repair or maintenance.
2. A flight instructor may conduct any flight instruction he/she has registered with the Airport Management as provided for in #4 below within the previous twelve (12) months and in no case may conduct instruction other than that personal to the aircraft owner or his/her family or employee.
3. The registration certificate shall be available for inspection on reasonable demand and in the case of repair, maintenance or instruction the owner or his/her employee shall be present in the vicinity during the time the substantial part of the work is performed. Employee shall be deemed to be present if he/she is away from the vicinity for not more than two (2) hours.
4. Prior to any instructions, repair, or work, the owner/operator shall accompany the instructor or mechanic/inspector to the Airport office where they shall present to the Airport Management an appropriate FAA Certificate, the N number of the aircraft, and the service to he performed. An annual $25 fee shall be paid. A copy of the FAA certificate shall be retained by the Airport. The instructor, mechanic, or inspector must register for each different aircraft, but the fee shall apply only once per twelve month period.
Ordinance No. 88- 8 2 Amendments to Airport Ordinance 87-8
5ection I. SUMMARY. This Ordinance adds various provisions to uncodified County Ordinance 87-8 ("the Airport Regulations"), amends and renumbers various provisions of the Airport Regulations, and adds a new Section 27 to the Airport Regulations.
Section 2. DEFINITIONS. Section 3 of the Airport Regulations is amended to add the following provisions:
For the purpose of this Ordinance, unless context requires otherwise, the words and phrases used herein shall have the meaning set out in this Section. Federal Aviation Administration definitions shall apply to technical words and phrases if not included herein. Chapter heads and Section heads or titles do not constitute a part of this Ordinance but are for information purposes only.
A. A-Weighted Sound Level
The sound pressure level, expressed in decibels, that has been filtered, or weighted, to reduce the influence of extremely high or low frequencies to more adequately respond to the human perception of sound.
B. Air Operations Area
The portions of the Airport provided and made available for aircraft and related operations, and shall include aircraft runways, taxiways, ramps, aprons, parking spaces and areas directly associated therewith.
C. Aircraft
Any apparatus now known or hereafter designed, invented or used for navigation or flight in the air, except a parachute or apparatus used primarily as safety equipment.
D. Aircraft Operator
Any person or entity who owns, leases, rents, controls, manages or operates an aircraft.
E. Airport
Any and all airports under the ownership and control of Contra Costa County and including all property and improvements within the boundary lines of said airports.
F. Airport Management
The Manager of Airports and his duly authorized representatives are collectively referred to as Airport Management.
G. Based Aircraft
Aircraft (1) which are tied down or hangared at the Airport at a monthly or longer charge; or (2) owned, leased or used by an aircraft operator who maintains a fixed place of business on the Airport; or (3) owned, leased or used by an aircraft operator who uses the Airport for the principal, or a substantial, portion of his or its activity. More than eight (8) landings in any thirty (30) day period shall be deemed a substantial use, unless otherwise determined by the Manager of Airports.
H. Based Commercial Aircraft Operator
A commercial aircraft operator who operates at the Airport pursuant to a lease with, or license from, Contra Costa County.
I. 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.
J. Crash-Fire-Rescue (CFR) or Aircraft Rescue and Fire Fighting (ARFF)
The Crash-Fire-Rescue (CFR) units at the Airport and equipment owned or operated for the purpose of conducting Crash-Fire-Rescue operations.
K. 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 by aircraft of persons or property for hire, including, but not limited to, common and contract carriers; (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, government, 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.
L. Decibel
The unit for expressing the relative intensity of sounds.
M. Fire District
A County fire protection district in which the Airport is located.
N. Fixed Base Operator (FBO)
Any person or entity who on or at the Airport engages for hire in the selling, storage, repair, servicing, renting, operating or fueling of aircraft, and who has a real property lease with Contra Costa County.
0. 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.
P. General Aviation
All other aircraft operated at Buchanan Field Airport other than Scheduled Commercial Airlines, Military Operations, and Public or Government aircraft.
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.
R. Owner
The registered owner of an aircraft, the person in possession of an aircraft, including, but not limited to, licensees, lessees and other such persons, and any fixed base operator (FBO), flying club or other organization which allows a third party to use an aircraft under an agreement with the registered owner of the aircraft.
S. Government Aircraft and Public Aircraft
Aircraft owned or operated by federal, state or municipal government, or agencies thereof.
T. Maximum Landing Weight
The certified maximum gross landing weight for aircraft as prescribed by the Federal Aviation Administration (FAA).
U. Person/Entity
Any individual, partnership, corporation, association, joint venture, organization, group or duly authorized representative thereof.
V. 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.
W. Private Aviation
The operation and use of private aircraft.
X. Scheduled Commercial Airline
Any air carrier or commuter airline authorized by federal, state and local law and regulations to operate regularly scheduled commercial air service into and out of Buchanan Field Airport for the purpose of carrying passengers, freight, or for any other commercial purpose.
Y. 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.
Z. Transient Aircraft
Aircraft that are not based aircraft as defined under Paragraph G. of this Section.
AA. 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 of their leased premises.
AB. 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 3. Section 18.U.10 is hereby revised as follows:
Practice landings and takeoffs, training and/or proficiency operations, including but not limited to touch-and-go operations, shall not be conducted between the hours of 10:00 p.m. and 7:00 a.m. local time. This time shall be 10:00 p.m. to 8:00 a.m. on weekends and all holidays observed by Contra Costa County. Section 4. Section 27 is added to the Airport Regulations to read as follows:
Section 27. Airport NOISE RESTRICTIONS
A. Maximum Permitted Noise Level
Unless expressly exempted under Subsection E. of this Section, no person shall pilot, operate, or permit to be operated, any aircraft at Buchanan Field Airport which exceeds a sound level of 78.0 decibels on the A-weighted scale (dBA) on takeoff, under measuring procedures referenced, and at noise levels set forth in U.S. Department of Transportation, Federal Aviation Administration ("FAA") Advisory Circular 36-3 ("AC 36-3"), as amended (March 27, 1986 - or, if later amended, the most recent amendment of AC 36-3), entitled 'Estimated Airplane Noise Levels in A-weighted Decibels."
B. Maximum Permitted Nighttime Takeoff Noise Levels
Unless expressly exempted under Subsections E. or F. of this Section, no person shall pilot or operate any aircraft at Buchanan Field Airport which exceeds a sound level of 75.0 decibels on the A-weighted scale (dBA) on takeoff, under measuring procedures referenced, and at noise levels set forth in FAA AC 36-3, as amended, during the hours of 10:00 p.m. to 7:00 a.m. (2200 hours to 0700 hours), local time.
C. Determination of Compliance
Compliance with Subsections A. and B. of this Section shall be determined by reference to FAA AC 36-3, including Appendix 1, "Estimated Maximum A-weighted Sound Levels for Airplanes at FAR Part 36 Appendix C Locations (Takeoff)" for all aircraft listed in AC 36-3. An aircraft type and model not listed in FAA AC 36-3 as amended may operate at Buchanan Field Airport if it is in all other ways in compliance with the Airport Regulations as amended.
D. Prohibited Aircraft List
The Manager of Airports shall maintain, and provide to all Airport tenants and any other person upon request, a list of aircraft types prohibited to use Buchanan Field Airport in compliance with the noise standards set forth in Subsection A. and Subsection B. of this Section, as determined by the procedures specified in Subsections A., B. or C. of this Section ("Prohibited Aircraft List"). Unless exempt from the provisions of Subsection A. of this Section, no aircraft may tie-down, be based at, or otherwise use the landing, takeoff, or other facilities of Buchanan Field Airport if that aircraft is listed in the Prohibited Aircraft List.
E. Provisions for Testing for Compliance
The owner of an aircraft on the Prohibited List as set forth in Section 27.D. shall have the opportunity to demonstrate compliance with the noise standards set forth in Subsections A. and B. by either of the following means:
1. By providing the County with proof that the subject aircraft has been modified in a manner approved by the FAA or would be operated in a manner consistent with safety that would allow it to comply with the requirements of Subsections A. and B., if it were to be tested in accordance with the FAA noise type certification procedures set forth in AC 36-3; or
2. By providing the County with proof that the subject aircraft has been tested in accordance with the FAA noise type certification procedures set forth in AC 36-3 and has been determined to be in conformance with the requirements of Subsections A. and B. of this Section.
F. General Section 27 Exemptions
The following categories of aircraft shall be exempt from the provisions of Subsection A. of this Section:
1. Aircraft operated by the United States of America or the State of California;
2. Law enforcement, emergency, fire, or search and rescue aircraft operated by any county or city of the State of California;
3. Aircraft used in support of emergency or emergency relief purposes. In the event of aircraft operations conducted pursuant to this exemption, then, within ten (10) days after conclusion of the emergency, the Manager of Airports shall submit to the Public Works Director a detailed written report regarding the nature and duration of the emergency, and a description of the operations conducted pursuant to this exemption during the emergency period;
4. Aircraft having to use the Airport in a bona fide emergency for the preservation of life or property;
5. Civil Air Patrol aircraft when engaged in actual search and rescue missions;
6. Aircraft engaged in landing(s) or takeoff(s) while conducting tests required by the Manager of Airports or other competent authority pursuant to the development of revised noise standards, and noise or monitoring or management systems;
7. Itinerant aircraft engaged in emergency medical evacuation or transport, or engaged in transportation reasonably related to a medical emergency;
8. Aircraft engaged by or with the consent of the Count Board of Supervisors for aerial exhibition (air show) or static display purposes at the Airport.
G. Exemptions from Subsection B.
Scheduled air carrier or scheduled commuter airline aircraft shall be governed by their lease agreements and the current Airport Access Plan in lieu of Subsection B. of this Ordinance as it relates to aircraft operations that have been delayed in their scheduled arrival or departure time as a result of equipment failure, bad weather, air traffic control delays, or other similar circumstances beyond the control of the operator, provided that preferential noise abatement arrival Runway 19R or preferential departure Runway 32R can, in the sole Judgement of the pilot-in-command, be safely used by the aircraft for its delayed operation. Any person operating any aircraft pursuant to the exemption authorized by this Subsection shall submit a written report to the Manager of Airports within ten (10) days after the operation setting forth in detail the circumstances justifying the application of this exemption for any such operation.
H. Notification
The Manager of Airports requests publication of a Notice to Airmen (NOTAM) setting forth the restrictions of Subsections A. and B. of this Section. The Manager of Airports may also take other steps to provide information to aviation users of the nature and existence of these restrictions. Nothing in this Section shall provide or constitute a defense to any charge for violation of Subsections A. or B. of this Section.
Section 5. Section 6.D.4. is added to the Airport Regulations to read:
4. Responsibility for Compliance
It shall be the responsibility of all Airport users including, but not limited to, pilots and the owners of aircraft, to comply with Section 27. of this Ordinance. Action enforcing Section 27. of this Ordinance may be taken against either the pilot or owner of any aircraft violating Section 27., as circumstances may require, and in accordance with the following provisions:
(a) If an aircraft is operated in violation of this Ordinance by a person other than the owner of the aircraft, the pilot, and not the owner, shall be subject to the penalties prescribed by this Ordinance, except:
(b) If the pilot of an aircraft cannot be identified, the owner shall be presumed to have been the pilot of the aircraft with authority to control the aircraft's operation, or presumed to have authorized or assisted in the aircraft's operation. Such presumption may be rebutted by identification of the person, if any, who was in fact the pilot at the time of the alleged violation.
(c) In the case of any training flight, including, but not limited to touch-and-go operations, stop-and-go operations, and low or missed approaches, in which both an instructor pilot and a student pilot are in the aircraft which is alleged to have been operated in violation of Section 27. of this Ordinance, the instructor pilot shall be presumed to have caused such violation.
Section 6. Section 6.B.1. is added to the Airport Regulations to read:
B.1. Appeal to Noise Violations
Any person aggrieved by an administrative action taken pursuant to Section 27 of this Ordinance may appeal from the action to the Director of Public Works. Said appeal shall be made by filing a written Notice of Appeal with the Director of Public Works, specifying the grounds for appeal, within ten (10) calendar days of the date the action complained of occurred.
Section 6. Sections 6.F. , G. and H. are added to the Airport Regulations to read:
F. Enforcement Officials and Employees
In addition to all other persons authorized by law to enforce the Ordinances of the County of Contra Costa, and pursuant to the provisions of Section 836.5 of the California Penal Code and Contra Costa County Ordinance Code Section 14-8.000, those provisions of this Ordinance which are punishable as infractions may also be enforced by the Public Works Director.
G. Scheduled Commercial Airline Approved Equipment
Scheduled commercial airlines shall operate only that equipment authorized by the Board of Supervisors by lease agreement.
H. Compliance with Noise Restrictions
No one, including the operator of a commercial airline, shall operate equipment that does not comply with the Airport Noise Restrictions for Buchanan Field Airport. The Board of Supervisors may require demonstration flights to prove compliance with this Section.
Section 7. EFFECTIVE DATE
This Ordinance shall be published once with the names of the members of the Board of Supervisors voting for and against it in the Contra Costa Times, a newspaper of general circulation published in Contra Costa County, promptly after passage by the Board of Supervisors. This Ordinance shall be effective on January 1, 1989.
PASSED ON October 4, 1988 BY THE FOLLOWING VOTE:
AYES: Supervisors Powers, Fahden, McPeak and Torlakson NOES: None
ABSENT: Supervisor Schroder ABSTAIN: None
ATTEST: PHIL BATCHELOR, Clerk of the Board and County Administrator
By: _____________________________ _________________________________ Deputy Clerk Board Chair
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