HomeMy WebLinkAbout2026-007 Chapter 3 Code of Ordinances Update November 07, 2025 Report No. 2025-007
INFORMAL STAFF REPORT
TO MAYOR AND CITY COUNCIL
SUBJECT:
2025 Update to Chapter 3 of the Code of Ordinances
EXECUTIVE SUMMARY:
The Denton Enterprise Airport has completed a comprehensive review of Chapter 3 of the Code
of Ordinances and the Airport Rules and Regulations. These proposed updates are part of the
Airport's FY 2025-2026 strategic initiatives and are intended to enhance safety, improve
operational efficiency, and ensure compliance with FAA grant assurances. The City Council will
consider the proposed updates to Chapter 3 in December 2025.
BACKGROUND:
The Denton Enterprise Airport operates under a complex regulatory framework that includes FAA
grant assurances, federal policies, and local ordinances. To ensure compliance and operational
clarity, the Airport maintains two key regulations: Chapter 3 of the Code of Ordinances, which
provides the legal foundation for airport governance,and the Airport Rules and Regulations,which
govern day-to-day operations for all airport users, including pilots, tenants, and visitors.
Both documents were last revised in 2021, and, since then, changes in FAA policy, operational
needs, and legal standards have prompted the need for a comprehensive review. In response,
Airport staff initiated a process to review and update both documents in the summer of 2025. The
Airport Advisory Board (AAB) was briefed on the proposed changes during its October 8, 2025,
work session.
Public Input
The effort to update these documents included not only legal and operational analysis, but also
extensive stakeholder engagement. Two public town halls were held in September, and feedback
was solicited from major airport tenants and businesses, including Sheltair, US Aviation, Med-
Trans, and others. In several cases, stakeholder feedback was incorporated into the final
recommendations.
DISCUSSION:
The proposed updates to Chapter 3 of the Code of Ordinances and the Airport Rules and
Regulations represent a significant step toward aligning the Airport's regulatory framework with
its growth, complexity, and operational demands.
Chapter 3 of the Code of Ordinances
Many minor changes were included in the draft update, including updated definitions,
clarifications of vague or unclear language, and codification of insurance requirements.
Several significant changes were made to streamline administrative processes and improve
enforceability. These proposed changes include:
November 07, 2025 Report No. 2025-007
1. Removal of the requirement for the Airport Advisory Board to maintain its own bylaws;
2. Administrative approval of certain lease related actions; and
3. A revised enforcement model.
AAB Bylaws
Staff are proposing that a requirement that the AAB maintain its own set of bylaws to govern its
procedures,be removed. Boards and commissions are governed by the Council Rules of Procedure
(Section 2-29 of the Code of Ordinances),the Boards and Commissions Rules of Procedure(Sectio
2-83 of the Code of Ordinances)and the Council-adopted Board and Commissions Handbook.The
requirement to maintain bylaws with these existing sets of rules in place is duplicative and creates
the potential for conflicting procedures.
Lease-Related Approvals
Many Council-approved ground leases allow lessees to take certain actions—such as assigning a
lease, entering into a sublease, or using the lease as collateral—subject to City consent. While
these actions are permitted under the lease, Chapter 3 currently requires that consent be granted by
the City Council. In practice, these approvals are ministerial, as the lessee's rights are already
defined in the lease. The proposed update would allow such consents to be granted
administratively, saving staff time and eliminating the typical 30-day delay associated with
bringing the item before both the AAB and City Council.
Enforcement Procedure
The most significant change in Chapter 3 is the realignment of the Airport's enforcement model
to match that of other City departments.Currently,enforcement actions begin with informal notice,
followed by a formal Notice of Violation and, if necessary, denial of access or lease enforcement.
However, if these steps fail, Chapter 3 requires the City to pursue a civil judgment in district
court—a process that is inconsistent with how other City ordinances are enforced.
The Denton Municipal Court is not structured to handle civil judgments for ordinance violations,
meaning even minor infractions must be escalated to district court. This approach may result in
greater inefficiency and costs,without suitable justification. The proposed revision eliminates the
civil enforcement requirement and allows violations to be processed as Class C misdemeanors
through the Denton Municipal Court, aligning Airport enforcement with other areas of the City
Code, such as property and zoning violations.
To support this change, staff also recommends removing the current blanket provision that allows
enforcement of any rule or standard. Instead, 21 specific violations have been codified in Chapter
3, providing greater legal clarity and ensuring that only clearly defined infractions are subject to
enforcement. This shift enhances transparency, supports due process, and provides both staff and
tenants with a predictable enforcement framework.
Airport Rules and Regulations
The Airport Rules and Regulations were updated to improve safety, operational efficiency, and
regulatory compliance, while also addressing stakeholder concerns. A new section on Special
Events was added,requiring tenants to obtain Airport permission for certain non-routine activities
November 07, 2025 Report No. 2025-007
and to notify any affected parties. Another new section on Security Fence and Gate Management
clarifies tenant responsibilities and requires controlled gate access to prevent unauthorized entry.
Several existing sections were revised for clarity and transparency. For example, hangar use
regulations were updated to allow limited non-aeronautical storage, consistent with FAA policy.
Mowing and solid waste responsibilities were clarified to reduce confusion and ensure consistent
maintenance standards. A provision was also added to restrict access to emergency scenes,
reinforcing that only authorized personnel may respond.
Next Steps:
The AAB is granted authority from the City Council to approve Airport Rules and Regulations.
The updated Airport Rules and Regulations were approved unanimously by the AAB on Oct. 8,
2025, and took effect 14 days later.
The City Council will consider the proposed changes to Chapter 3 of the Code of Ordinances in
December.
CONCLUSION:
The proposed updates to Chapter 3 and the Airport Rules and Regulations provide an efficient,
transparent, and enforceable framework for the operation of Denton Enterprise Airport. These
changes will enhance safety, improve operational efficiency, and ensure continued compliance
with FAA and City standards. Staff will continue to monitor implementation and provide updates
as needed.
ATTACHMENTS:
1. Presentation from Oct. 8, 2025, AAB Meeting
2. Amended Chapter 3 (Redline)
STAFF CONTACT:
Ryan Adams
Airport Director
Ryan.Adams@cityofdenton.com
(940) 349-7744
REOUESTOR: Staff Initiated
STAFF TIME TO COMPLETE REPORT: 2
PARTICIPATING DEPARTMENTS:
Airport
City Attorney's Office
Regulatory Updates
Chapter 3 , Code of Ordinances
Airport Rules and Regulations
Overview
Background
Benefits
Areas to Review
Chapter 3
Airport Rules and Regulations
Timeline
• ublic Engagement
Que tions/Feedback
AAB25-034; October 8, 2025
Background
Chapter 3, Code of Ordinances Airport Rules and Regulations
The governing code that defines the A set of rules and procedures for the
legal and operational framework of the use of airport facilities, applicable to
Airport pilots, tenants, and visitors
Provides basis for: Governs:
operational and rulemaking authority, general use,
business permitting, and aircraft rules,
enforcement vehicles and pedestrians, and
Last revised in 2021 fueling and hazardous materials
Last revised in 2021
AAB25-034; October 8, 2025
Benefits of a Review
Safety and Keep aligned with best practices, new
Compliance laws, and regulations 0
Resolve Issues Remove vague/confusing language;
address new concerns and challenges 0
Improve inefficiency, increase
Operations competitiveness
AAB25-034; October 8, 2025
Public Feedback
Town Halls ( 2 )
• 5 attendees
Large Tenant/ Fleet
heltair, US Aviation, Med-Trans, High Flying Hangars, U . S.
Trinity, etc .
Timeline
August September October/November
• Draft revised Public input • Board and/or
documents Update revised Council
• Third party documents consideration
reviews
AAB25-034; October 8, 2025
Chapter 3,, Code of Ordinances
• Remove Board bylaws requirement
• Lea se-relate d a p provals may be performed administrativeSignificant Changes
ly
• Removes requirement for civil enforcement
• Removes blanket provision allowing enforcement for ANY
rule/standard violation
• Adds 22 sections of SPECIFIC violations that may be enforced.
• Clarifications in the definitions section
• City may take appropriate action resulting from material
Changes
misstatements
• Codifies insurance requirements for businesses
• Clarifies vague language related to enforcement procedures.
• ..-
Ordinances
Chapter3Coeo
Section
1 • Reason
6�
• Removes requirement that the • Section 2-29 of the Code of
Airport Advisory Board maintain Ordinances and the Board and
bylaws covering board officers, Commission handbook cover
officer powers, and notice of these issues
meetings. • Approved and regularly reviewed
by the City Council
• Maintain consistency with
Council direction and other City
boards
AAB25-034; October 8, 2025
Chapter 3,, Code of Ordinances
Section 3-121(2) Reason
hm ::j Mi
• Adds a provision permitting • City Council approval is largely
approvals subsequent to a lease to ministerial or automatic.
be performed administratively. • Board and Council process adds 30
days or more to the approval
• Examples include: process.
• Consent to assignment • Any changes to lease language
• Consent to sublease (i.e., an amendment) would still
• Consent to mortgage require Board and Council
approval.
AAB25-034; October 8, 2025
Informal Denial of District Court
Notice Formal NOV Access (Civil
Complaint)
Ordinances
Chapter3 Co e o
--6::�
• 1 ' easy AMW
• Removes the requirement that any • City of Denton Municipal Court is not
enforcement of the Code be done as a structured for the Civil judgement
civil judgment process; violations would be filed in
district court
• Results in judgements being handled • Enforcement of other areas of the
as Class C misdemeanors like the rest Code of Ordinances has no
of the City (e.g Code Enforcement) requirement for a civil judgement
process.
• As a result, enforcement would be
longer, more costly, and less effective
AAB25-034; October 8, 2025
Chapter 3, Code of Ordinances
Lk Section 3-401
• Removed general language that • Referencing violations of rules
permitted enforcement fora outside of the chapter is too
violation for rules/regulations broad for effective
beyond this chapter. enforcement.
• Note : Additional violation • Enforcement should and will be
language to be added in (see based on specific language in
next slide) the chapter.
AAB25-034; October 8, 2025
Chapter 3,, Code of Ordinances 1
Section 3-408 to 3-428 Reasonarff
�-& WL --.a
• Adds specific language into Enforcement should be
code, violations of which tied to specific
\ can be enforced . requirements spelled out
in the Code of Ordinances
(as opposed to referencing
other rules and
regulations) .
AAB25-034; October 8, 2025
Informal Formal Denial of Municipal
Notice NOV Access Court
Chapter 3, Code of
Ordinances
Questions and Feedback
• Updated ha nga r use regulations
• Clarifies mowing and solid waste responsibilities
• Requires fences and gates be maintained and kept
Airport Rules and Regulations
Significant
secure when not i n use
Changes
• Adds Special Events section
• Updated definitions
IN,
• Updates firearm rules to comply with state law
• r Changes • Requires vehicles on the airport be operable and have
current registration, as applicable
• Various clarifications for safety, operational efficiencies
• ..-
qNI%hh,'
Airport Rules and Regulations
• Permits limited non-aeronautical • The FAA hangar use policy has
storage in non-city-managed hangars received clarifying updates.
• Must conform to FAA use policy, fire City no longer has an operational
code, and other select limitations (e.g. need for a blanket prohibition on non-
nocampers/RVs) aeronautical uses that fall within FAA
allowances.
• May not be used as a permanent or
temporary residence (except as
permitted by FAA).
AAB25-034; October 8, 2025
Board Direction
• Should DTO limit boats in hangars?
Question : • Should DTO limit long-term vehicle storage in
hangars?
Vehicle storage would provide more flexibility for
tenants and possibly create more efficient use of
Status .@ currently unusable space.
• May result in more enforcement effort/actions.
AAB25-034; October 8, 2025
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Airport Rules and Regulations
11W
Section 2.'
• Maintains prohibition on non- City maintains prohibition as a
aeronautical items on city-owned landlord decision
aircraft hangars.
• Exhibit 1 is intended to create a
• Clarifies use restrictions and method for establishing tenant
creates to Exhibit 1 to provide rules for the City's hangars that are
more detail on rules for city- governed by monthly permit, not a
owned hangars. lease.
AAB25-034; October 8, 2025
Board Direction
le Should DTO limit non-aeronautical items from city-managed
Question . hangars?
• Limiting non-aeronautical items provides greater enforcement
clarity for landlord (City).
Status : • Allowing non-aeronautical items might require greater,
enforcement effort actions, but further justify market-based
rates.
AAB25-034; October 8, 2025
Airport Rules and Regulations
• Clarifies mowing responsibilities • While mowing obligations are stated
extend from leasehold to public in individual leases and Ch. 17 of the
pavement, unless such area is being City Code, this provision is intended
mowed by the Airport. to provide more transparency.
• Obligates Airport to publish a map The City's maintenance of a map of
of areas it mows and give a 90-day its and tenant's mowing areas is
notice of any changes. intended to reduce any confusion
over mowing responsibility.
AAB25-034; October 8, 2025
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Airport Rules and Regulations
M a 9 .
• Clarifies that tenants are • While tenant solid waste
responsible for solid waste obligations are stated in individual
disposal. leases, this provision is intended to
provide more transparency.
• NOTE : Airport maintains a site for
shared dumpster service for any
tenant who pays for service
though the City of Denton.
AAB25-034; October 8, 2025
I%hhh'
Airport Rules Regulations
• Airport Security Fence and Gate Management. • Create clarity and transparency regarding
fence/gate maintenance.
• Tenants must maintain fencing and gates on their L
leasehold (unless otherwise maintained by • Sets new requirement that gates, particularly
Airport). pedestrian gates, shall be controlled at all times.
There has been at least one authorized entry to
• Access gates shall be controlled the airfield due to an unlocked pedestrian gate.
• No signs may be placed on the security fence • Limits the visual obstruction and distraction that
except by lease agreement. results from signage placed directly on the fence.
Puts all tenants on an even playing field.
• Airport may secure gates/fence if tenant fails to
do so.
AAB25-034; October 8, 2025
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Airport Rules Regulations
Special Events is any event or activity that is outside • Special Events can be disruptive to other airport
normal operation for that activity. tenants and/or create safety risks that must be
abated or discussed with the airport.
• Tenants must obtain a permit (permission) from the
airport prior to a special event. • Airport staff need prior notice to:
• Understand any risks
• Sets specific requirements for a special event permit. • Confirm contact information
• Route for possible submission of Citywide Special
• Special event host must give proper notice to Event Permit
affected airport tenants.
No shows, demonstrations, or exhibitions without
written authorization.
AAB25-034; October 8, 2025
Airport Rules and
Regulations
Questions and Feedback
Denton Enterprise Airport DTO
AIRPORT ADMINISTRATION OFFICE
5000 AIRPORT RD.
DENTON,TEXAS 76210
(940)349-7736
CHAPTER 3—AIRPORT
CITY
OF
D NTON
Revised August 18,2025
REVISIONS
REVISION NO. DATE SECTION
1 09/28/2021 Removed all references to Council Airport Committee in the
Definitions, 3-121, 3-124, 3-202, 3-505, 3-705, 3-805,
and 3-807.
3-109, added contract and leases to Airport Advisory Board
responsibilities.
2 Pending 3-121, permit the CitesManager to approve lease consents.
Removed all r-efer-enees to eitatien in 3 603, 3-�4�-�T
and 3 606references to civil enforcement mechanism.
Updated violations.
Chapter 3 —Airport i Revised August 18,2025
Table of Contents
ARTICLE 1.-IN GENERAL........................................................................................................1
Secs. 3-1-3-100. - Reserved. .....................................................................................................1
Sec. 3-101. - Definitions..............................................................................................................1
Sec. 3-102. - General conditions of use.......................................................................................2
Sec. 3-103. - Permission to use Airport conditional; denial of permission. ................................2
Sec. 3-104. - Consent of City.......................................................................................................3
Sec. 3-105. -Notices and applications.........................................................................................3
Sec. 3-106. -Adopted by reference. ............................................................................................3
Sec. 3-107. - Conflicting laws, ordinances, regulations, and contracts. ......................................3
Sec. 3-108. -Application.............................................................................................................4
Sec. 3-109. -Airport Advisory Board..........................................................................................4
Sec. 3-110. - Effect of agreements with federal government. .....................................................5
Sec. 3-111. - Conformance with federal, state, and other rules, regulations, and agreements. ...5
Sec. 3-112. - Liability of City......................................................................................................5
Sec. 3-113. - Indemnification. .....................................................................................................6
Sec. 3-114. - Forms......................................................................................................................6
Sec. 3-115. - Supplementing information....................................................................................6
Sec. 3-116. - Payment of fees and charges. .................................................................................6
Sec. 3-117. -Airport-related fee administration and collection. .................................................7
Sec. 3-118. - Payment of bills and default of obligations............................................................7
Sec. 3-119. - Repealer and savings clause...................................................................................7
Sec. 3-120. - Severability.............................................................................................................7
Sec. 3-121. -Use of City-owned Airport property. .....................................................................7
Sec. 3-122. -Access keys/codes/gate access devices/access cards. ............................................8
Sec. 3-123. - Permit not transferable. ..........................................................................................8
Secs. 3-124 - 3-200. - Reserved...................................................................................................8
ARTICLE II.-RULEMAKING AUTHORITY..........................................................................8
Sec. 3-201. -Airport Rules and Regulations. ..............................................................................8
Sec. 3-202. - Limitation on rules and regulations by Airport Manager.......................................8
Sec. 3-203. - Posting and filing of documents.............................................................................9
Sec. 3-204. - Emergency rules and regulations. ..........................................................................9
Secs. 3-205-3-300. - Reserved. .................................................................................................9
ARTICLE III.-AIRPORT BUSINESS PERMITS....................................................................9
Sec. 3-301. -Airport Business Permit required...........................................................................9
Sec. 3-302. -Airport Business Permit applications.....................................................................9
Sec. 3-303. - Temporary Airport Business Permits...................................................................10
Sec. 3-304. - Permit display.......................................................................................................10
Sec. 3-305. - Duration of permit................................................................................................10
Sec. 3-306. -Nonwaiver of defaults. .........................................................................................10
Sec. 3-307. - General conditions for all permits........................................................................10
Sec. 3-308. - Insurance. .............................................................................................................I I
Secs. 3-309-3-400. - Reserved. ...............................................................................................I I
ARTICLE IV.-ENFORCEMENT.............................................................................................11
DIVISION 1. - GENERALLY..................................................................................................I I
Sec. 3-401. -Violations. ............................................................................................................I I
Sec. 3-402. - Enforcement of judgments. ..................................................................................I I
Sec. 3-403. -Violations not exclusive.......................................................................................I I
Sec. 3-404. - Each day separate violation..................................................................................12
Chapter 3 -Airport ii Revised August 18,2025
Sec. 3-405. - Inspections............................................................................................................12
Sec. 3-406. - False information..................................................................................................12
Sec. 3-407. - Service of notices. ................................................................................................12
Sec. 3-4083-500. - Reserved..................................................................................................13
DIVISION 2. - DENIAL OF USE.............................................................................................13
Sec. 3-501. - Denial grounds. ....................................................................................................13
Sec. 3-502. - Denial procedure. .................................................................................................14
Sec. 3-503. - Denial hearing. .....................................................................................................14
Sec. 3-504. - Appeal. .................................................................................................................14
Sec. 3-505. - Appeal procedure. ................................................................................................14
Sec. 3-506. - Settlement agreements..........................................................................................15
Secs. 3-5073-600. - Reserved. ...............................................................................................15
DIVISION 3. - SANCTIONS; PROCEDURES........................................................................15
Sec. 3-601. - Remedies. .............................................................................................................15
Sec. 3-602. - Jurisdiction of City court......................................................................................16
Sec. 3-603. - Civil violation; commencement of action. ...........................................................16
Sec. 3-604. - Civil citation, authority to issue. ..........................................................................16
Sec. 3-605. - Appearance by defendant. ....................................................................................16
Sec. 3-606. - Default judgment..................................................................................................17
Sec. 3-607. - Rules of procedure for civil violations.................................................................17
Sec. 3-608. - Civil sanctions. .....................................................................................................17
Sec. 3-609. - Rules of procedure for criminal violations...........................................................17
Sec. 3-610. - Criminal penalty...................................................................................................17
Sec. 3-611. - Restitution. ...........................................................................................................17
Sec. 3-612. - Denial of Airport use............................................................................................17
Secs. 3-6133-700. - Reserved. ...............................................................................................17
DIVISION 4. - LICENSE AND PERMIT REVOCATION......................................................17
Sec. 3-701. - Revocation grounds..............................................................................................18
Sec. 3-702. - Revocation procedure...........................................................................................18
Sec. 3-703. - Revocation hearing...............................................................................................18
Sec. 3-704. - Appeal. .................................................................................................................19
Sec. 3-705. -Appeal procedure. ................................................................................................19
Sec. 3-706. - Settlement agreements..........................................................................................20
Secs. 3-7073-800. - Reserved. ...............................................................................................20
DIVISION 5. - ABATEMENT OF VIOLATIONS ..................................................................20
Sec. 3-801. -Abatement in lieu of or in addition to other actions.............................................20
Sec. 3-802. - Emergency abatement. .........................................................................................21
Sec. 3-803. -Notice to abate......................................................................................................21
Sec. 3-804. - Appeal of notice to abate......................................................................................21
Sec. 3-805. - Procedure on appeal. ............................................................................................22
Sec. 3-806. - Abatement variances and time extensions............................................................22
Sec. 3-807. - Appeal from decision of Airport Appeals Board. ................................................23
Sec. 3-808. - Stay of order during appeal. .................................................................................23
Sec. 3-8093-900. - Reserved..................................................................................................23
Chapter 3-Airport iii Revised August 18,2025
ARTICLE I.-IN GENERAL
Secs. 3-1-3-100. -Reserved.
Sec. 3-101. -Definitions.
The following words and phrases, whenever used in this chapter or documents promulgated
hereunder, shall be construed as defined in this section unless from the context a different meaning
is intended, or unless a different meaning is specifically defined and more particularly ascribed to
the use of such words or phrases.All definitions contained in 49 U.S.C. §40101 et seq. (previously
known as the Federal Aviation Act of 1958,hereinafter cited as--"`FAA ActT)and all amendments
thereto shall be considered as included herein; and all definitions shall be interpreted on the basis
and intention of the FAA Act and amendments thereto,unless from the context a different meaning
is intended, or unless a different meaning is specifically defined and more particularly ascribed to
the use of such words or phrases.
Abate or abatement means to put an end to or correct a violation of this chapter.
Abandon, as applied to property left at the airport, means that it has been left on cily property
or the property of another without consent of the city for forty-eight(48)hours without the owner
moving or claiming it. Such property shall be impounded by the city police department.
Accident means a collision or other contact between any part of an aircraft or a vehicle,person,
stationary object or other thing which results in property damage, personal injury, or death; or an
entry into or emerging from a moving aircraft or vehicle by a person which results in personal
injury or death to such person or some other person or which results in property damage.
Aeronautical Activity means any activity or service which involves, makes possible, or is
required for the operation of aircraft, or contributes to, or is required for, the safety of such
operations. L"'Aeronautical _AactivitiesT' include, but are not limited to, charter operations (under
either Federal Aviation Regulation (FAR) Part 121 or 135), charter brokerage, aircraft hangar
leasing, pilot training, aircraft rental and sight-seeing, aerial photography, crop dusting, fire
suppression, aerial advertising and surveying, aircraft sales, leasing, and servicing, aircraft
management, and sale of aviation petroleum products, whether or not conducted in conjunction
with other included activities which have a direct relationship to the operation of aircraft, repair
and maintenance of aircraft, sale of general aviation aircraft parts, and any other activities which
because of their relationship to the operation of aircraft can appropriately be regarded as an
L"'Aeronautical Activity.""'
Aircraft means any device intended to be used, or designed, to navigate, or fly in the air.
Aircraft parking, and storage areas means those hangar and apron locations of the airport
designated by the Airport Manager for the parking and storage of aircraft, and such areas of the
airport designated for aircraft maintenance, engine run-up, and self-fueling,
Airport Business Permit means administrative approval issued by the Airport Manager to a
person to conduct commercial Aeronautical Activity and to provide such
Chapter 3 —Airport 1 Revised August 18,2025
services to based and transient aircraft on the Airport exclusively within facilities on the Airport
at which such services are authorized.
Airport means all of the City owned or leased real or personal property comprising Denton
Enterprise Airport as now exists or as may hereafter be expanded and developed. ""Airport""
includes all of its facilities as shown on the most current Airport Layout Plan.
Airport Advisory Board means the duly appointed seven-member Airport Advisory Board of
the City.
Airport Appeals Board means a body consisting of the Chairman of the Airport Advisory
Board, another Airport Advisory Board member appointed by the Chairman, and a City
representative appointed by the City Manager or his designee.
Airport Manager means the duly appointed manager of the City"s Airport or the City
Manager"s designee.
Airport traffic control tower means the control tower located at the airport.
Airside means the area of the airport that is either contained within the airport perimeter fence,
or which requires access through a controlled access point.
Based aircraft means an aircraft: (1) which the owner physically locates at the Airport with
the intent and purpose to remain for an undetermined period; (2)which,whenever absent from the
Airport, its owner intends to return to the Airport for permanent storage; and (3) whose presence
in the Airport is not transitory in nature. Based includes an aircraft that is located at the Airport for
a limited or seasonal duration.
City means the City of Denton, a Texas home-rule municipal corporation.
City Attorney means the duly-appointed attorney for the City or his designeetheir designee.
The City Attorney"s office includes both the Civil and Criminal divisions.
Commercial activity means the conduct of any aspect of a business, concession, or service in
order to provide goods or services to any person for compensation. An activity is a commercial
activity even if it is bartered or the business is nonprofit, charitable, or tax-exempt.
Landside means the -general common use areas of the airport such as public roadway
parking lots and buildings which are not contained in the airside area.
Movement area means the runways, taxiways and other areas of the airport which require
permission from air traffic control prior to entering. The designation of movement areas shall
apply at all times including hours when the airport traffic control tower is closed.
Owner of an aircraft means a person who holds legal title to an aircraft, or any person having
exclusive possession of an aircraft pursuant to a written lease.
Pedestrian means any person traveling on foot.
Permission or permit means permission granted by the City.
Chapter 3 —Airport 2 Revised August 18,2025
Person means the state, county, a political subdivision of the state, other governmental entity,
a corporation, firm,partnership, association, organization, and any other group acting as a unit, as
well as an individual. Person includes a trustee, receiver, assignee, or similar representative.
Public area means those areas normally used by the general public, including structures and
devices such as roadways, sidewalks and terminal facilities that are maintained and kept at the
airport for use by the general public.
Recreational Vehicle("R V")means any vehicle or trailer,both motorized or towable,equipped
with living space and amenities designed for temporary accommodation, travel, and leisure. RVs
include, but are not limited to, motorhomes, campervans, travel trailers, fifth-wheel trailers, pop-
up campers, and truck campers.
Runway means a defined area on the Airport for aircraft landings and takeoffs along its length.
Smoking means burningogying any lighted_ cigarette, tobacco or any other weed or plant,
or placing any burning tobacco,weed or plant in an ashtray or other receptacle and allowingsmoke
moke
to diffuse into the air.
Taxilane means the portion of the airport apron area,or any other area,used for access between
taxiways and aircraft parking and storage areas.
Taxiway means a defined path established for the taxiing of aircraft from one part of the airport
to another.
Vehicle means a device, except aircraft,in,upon, or by which any_person or property is or may
be propelled or moved, except a device moved by human power.
Vehicle parking area means any portion of the airport designated and made available
temporarily or permanently for the parking of vehicles as designated by pavement markings or as
aqpproved by the Airport Manager.
Sec. 3-102. - General conditions of use.
The conditions under which the Airport or any of its facilities may be used shall be as
established pursuant to this chapter or otherwise by the City Council.
Sec. 3-103. -Permission to use Airport conditional; denial of permission.
Any permission granted by the City directly or indirectly, expressly or by implication,to enter
upon or use the Airport or any part thereof, including but not limited to, operators, off-Airport
users, crew members and passengers, spectators, sightseers, pleasure and commercial vehicles,
officers and employees of airlines, lessees and other persons occupying space at the Airport,
persons doing business with the Airport, its lessees, sublessees, and permittees, and all other
persons whatsoever, whether or not of the type indicated, is conditioned upon compliance with
this chapter and any rules, regulations, or minimum operating standard promulgated hereunder.
Entry upon or into the Airport by any person shall be deemed to constitute an agreement by such
Chapter 3 —Airport 3 Revised August 18,2025
person to comply with this chapter. The City reserves the right to deny any or all usage of the
Airport to any person or persons for any cause.
Sec. 3-104. - Consent of City.
Unless expressly provided otherwise, any consent or other permission of the City under this
chapter must be obtained in advance, in writing, and signed by the Airport Manager.
Sec. 3-105. -Notices and applications.
Unless expressly provided otherwise, any notice or application to the City must be given in
writing to the Airport Manager, or their designee, during normal business hours at the Airport
administration office in the terminal building.
Sec. 3-106. -Adopted by reference.
The following publications, on file with the City Secretary, are hereby adopted by reference
as if set out at length in this chapter:
(a) Denton Enterprise Airport Rules and Regulations and any amendments thereto as may
be approved by the Airport Advisory Board.
(b) Denton Enterprise Airport Minimum Operating Standards and any amendments
thereto as may be approved by the Airport Advisory Board.
(c) Denton Enterprise Airport Rates and Fees Schedule and any amendments thereto as
may be approved by the Airport Advisory Board and City Council.
Sec. 3-107. - Conflicting laws, ordinances, regulations, and contracts.
(a) In any case where a provision of this chapter, rules and regulations, minimum operating
standards, or rates and fees schedule adopted hereunder is found by the City Attorney to
be in conflict with any other provision of this chapter or regulations adopted hereunder or
in conflict with a provision of any zoning, building, fire, safety, health, or other ordinance
or code of the City, the provision which establishes the higher standard for the promotion
and protection of the health and safety of the people shall prevail.
(b) In cases where two (2)or more provisions of this chapter are in conflict, the most stringent
or restrictive shall prevail.
(c) It is not intended by this chapter to repeal,abrogate,annul,or in any way impair or interfere
with existing provisions of other laws or ordinances, except those specifically repealed by
this chapter, or to excuse any person from performing obligations to the City under any
lease or other contract.
(d) No existing or future City contract,lease, agreement, or other contractual arrangement,nor
any payment or performance thereunder, shall excuse full and complete compliance with
this chapter. Compliance with this chapter shall not excuse full and complete compliance
with any obligations to the City under any existing or future City contract,lease,agreement,
or other contractual arrangement.
(e) Compliance with this chapter does not excuse failure to comply with any other law.
Chapter 3 —Airport 4 Revised August 18,2025
Sec. 3-108. -Application.
Except where expressly limited by its terms, this chapter is effective throughout the City.
Sec. 3-109. -Airport Advisory Board.
(a) There is created an Airport Advisory Board consisting of seven (7) members who shall
meet the qualifications and residency requirements as provided in Ssection 2-61 of the
Code of Ordinances.
(b) All members shall be appointed by the City Council for terms not to exceed two (2) years
and continue in office until their successors are appointed.
(4) Offieer-s of the Air-poft A&isor-y Bear-d,the time and manner-of their-election,the teffn of The A`r-poFt Adv'sofy Board shall establish bylaws to govem its affairs. The bylaws shall designate:
and mamer-of notiee of all Fegtilar-and speeial meetings in eamplianee with the Texas
the powers and duties of each officen
Open Meetings Aet.
(6)-The manner-of adoption,amendraent,and r-epeal of Air-poi4 A&isor-y Board bylaws-.
(7) Sueh other P, i i ..ay be deemed neeessar-y or-desirable whieh are not eantrafy to the pfavisions
of any or-dinanee or-r-esolution,the City ehaFter-,or-the laws of this state or-the United States,to aid
{4r)(c) The Airport Advisory Board shall,with the assistance of City staff, advise the City
Council as necessary on matters related to:
(1) Airport safety;
(2) Flight and ground operations;
(3) Safety and security issues arising from the creation and development of long-term
master plans;
(4) Tenant/stakeholder outreach;
(5) Airport business plan and Airport master plan as now written or hereafter
amended or enacted;
(6) Airport infrastructure improvements or other major project impacting the Airport;
(7) Acquisition, review, and consideration of grant funding for the Airport;
(8) Long-term financial planning and budgetary issues affecting the Airport;
(9) Issues raised as a result of interface between citizens, arpe tAirport tenants, or other
interested parties;
(10) Contracts and leases of Airport property; and
(11) Other Airport matters as may from time to time, be assigned by the City Council,
or requested by the City manager or their designee.
(4)(d) The City Manager, or his or-her- de4g„��their designee,gnee, will act as staff liaison to
the Airport Advisory Board, and will provide guidance and assistance to the board and
Chapter 3 —Airport 5 Revised August 18,2025
shall be responsible for insuring that records are maintained in accordance with the
requirements of the City Secretary"s office.
(j) e) The Airport Advisory Board shall meet not less than monthly unless any such
meeting is cancelled by the Board Chairman after consultation with the City Manager, or
his or her desig etheir designee.
(k)( f) The Airport Advisory Board shall perform such other duties as are imposed on the
Airport Advisory Board by this chapter.
(4tg) The City Council shall have the right and prerogative to initiate review of any
decision of the Airport Advisory Board and shall uphold,modify,or overrule said decision.
Sec. 3-110. -Effect of agreements with federal government.
All lease agreements, permits, and other contractual or governmental arrangements to which
the City may be a party shall be subordinate to the provisions of any existing or future agreement
between the City and the United States relative to the operation and maintenance of the Airport.
Sec. 3-111. - Conformance with federal, state, and other rules, regulations, and agreements.
(a) No person shall navigate, land aircraft upon, or conduct any aircraft or other operations on
or from the Airport, nor shall any person engage in any other Aviation Activity at the
Airport or elsewhere within the City, otherwise than in conformity with the requirements
of the Federal Aviation Administration and all other applicable federal, state, and City
laws, statutes, ordinances, rules, regulations, and minimum operating standards.
(b) Any use of the Airport by any Person constitutes that Persons agreement to conform in
all respects to the requirements of any grant agreements by the City with the State of Texas,
the United States, and any other governmental entity.
Sec. 3-112. -Liability of City.
The City is not responsible or liable for any loss, injury, or damage to persons or property on
the Airport, or using Airport facilities, for any reason, including but not limited to fire, civil
disorder,criminal activity,theft,vandalism,winds,flood,earthquake, collision, act of third parties
or otherwise, or acts contrary to this chapter or any regulations promulgated hereunder.
Sec. 3-113. -Indemnification.
(a) To the fullest extent permitted by law, any Person accessing or using the Airport or any of
its facilities,and the Person='s successors, assigns,and guarantors,must indemnify, defend,
and hold harmless, the City, its agents, employees, elected and appointed officials,
directors, officers, commissioners, board members, and representatives from and against
all allegations,demands,proceedings, suits, actions,claims,damages,losses, and expenses
(including,but not limited to, claims adjustment, attorney fees, and court costs),related to,
arising from or out of, or resulting from:
(1) Any negligent or intentional actions, acts, errors, mistakes, or omissions caused in
whole or in part by such Person, or the Persons employees or agents; or
Chapter 3 —Airport 6 Revised August 18,2025
(2) The exercise of any rights or privileges under the Denton Code of Ordinances,Chapter
3, or under the Airport Minimum Operating Standards, and Airport Rules and
Regulations.
(b) This section includes, but is not limited to, environmental claims for property damage,
cleanup, response, removal, and remediation.
Sec. 3-114. -Forms.
The Airport Manager shall have authority to specify forms to be used for applications,permits,
reports, and other documents required under this chapter and to reject any documents not
conforming to said forms.
Sec. 3-115. -Supplementing information.
Within fifteen(15) calendar days after any discovery of a material misstatement, omission, or
other inaccuracy or material change in any information contained in any application, report, or
other document provided to the City, the person submitting the information shall inform the City
in writing of the inaccuracy or change and shall provide the City with the correct information in
writing. The City reserves the right to take any necessary action as a result of such supplementing
information as may be necessary including, but not limited to, cancellation of any greement that
was based on the erroneous information.
Sec. 3-116. -Payment of fees and charges.
No Person shall perform any activity for which a fee or charge is imposed under this chapter
without first reporting the activity to the City and paying the appropriate fee to the City (as
identified in the Airport Minimum Operating Standards and/or Airport Rates and Fees Schedule).
Notwithstanding the preceding sentence, when a reporting procedure in this chapter specifically
provides for subsequent reporting, prior reporting is not required. Fees, rates, and charges for use
of any Airport facilities and for any service or accommodations provided by the City shall be
established in the same manner as rules and regulations are established under this chapter.Nothing
in this chapter impairs or limits the City"s ability to impose fees or charges by contract.
Sec. 3-117. -Airport-related fee administration and collection.
The administration and collection of Airport-related fees is vested in the Airport Manager, or
his designeeLheir designee.Except as expressly stated to the contrary in this chapter,all procedures,
remedies, requirements, penalties, and other provisions for the determination, administration, and
collection of other City fees shall apply to Airport-related fees.
Sec. 3-118. -Payment of bills and default of obligations.
All City billings are payable upon presentation. When any Person is formally notified that
said Person is held in default of any written or implied obligation to the City, whether it be for
breach of performance, services, covenants, or nonpayment, the Person shall thereafter be billed
for all losses of revenue and expenses incurred to reestablish performance or service and other
costs, unless the Person files with the City, within ten (10) calendar days of receipt of the formal
notification, a statement that corrective or preventive measures have been initiated and will
diligently be carried out. If the promises contained in the statement are not fulfilled, the Person
will be considered in absolute default and appropriate lawful steps will be initiated by the City.
Chapter 3 —Airport 7 Revised August 18,2025
Sec. 3-119. -Repealer and savings clause.
The effective date of this chapter shall be fourteen(14)days following the date this ordinance
is adopted by the City Council. All future duties and obligations thereafter arising under the pre-
existing Chapter 3 of the Denton Code of Ordinances shall cease, but liability for fees and
violations of the pre-existing Chapter 3 of the Denton Code of Ordinances as of the effective date
of this ordinance are preserved and continue unaffected by this ordinance.
Sec. 3-120. -Severability.
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this chapter
should be declared invalid or unconstitutional for any reason whatsoever, such decision shall not
affect the remaining portions of this chapter, which shall remain in full force and effect; the City
Council of the City of Denton declares that it would have adopted this chapter and each section,
subsection, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one (1) or
more sections, subsections, sentences,clauses,phrases,or portions thereof may be declared invalid
or unconstitutional; and, to this end, the provisions of this chapter are hereby declared to be
severable.
Sec. 3-121. - Use of City-owned Airport property.
The Airport Manager may enter into a lease, license, permit, or other such agreement for the
use of any City-owned Airport property,including but not limited to,land,buildings,office space,
counter space, and aircraft storage facilities, subject to the following conditions:
(1) Any new lease of City-owned Airport property shall be in a form approved by the City
Attorney and subject to recommendation by the Airport Advisory Board and approval of
City Council.
(2) Any City pproval required within an existing lease (e.g., consent to assign, sublease,
mortgage, etc.) shall be in a form approved by the City Attorney and qpproved by the City
Manager and/or his4w4Lheir designee and can be administratively executed by the City_
Manager or their designee.
(2)(3) Any Airport license or other such agreement shall be in a form approved by the
City Attorney,with a term of three(3)years or less and a minimum of a thirty(30)calendar
day cancellation clause. Any license or other such agreement not meeting these criteria
shall be subject to recommendation by the Airport Advisory Board and approval of City
Council.
{3-)(4) Any Airport permit shall be in a form approved by the City Attorney and shall
remain in effect until such time as the permittee requests cancellation in writing, or the
permit is revoked pursuant to Ddivision 4 of Article IV of this chapter.
(4-)(5) Any use of City-owned Airport property for commercial aeronautical activities is
subject to the requirements of the Airport Minimum Operating Standards.
Sec. 3-122. -Access keys/codes/gate access devices/access cards.
(a) Persons who have been provided a key, code, gate access device, or access card to obtain
access to the Airport shall only use Airport-issued key/codes/ devices/cards and shall not
Chapter 3 —Airport 8 Revised August 18,2025
divulge, duplicate, or otherwise distribute the same to any other Person, unless otherwise
approved in writing by the Airport Manager.
(b) If a gate access key, device, or access card is found in the possession of an unauthorized
Person, the device/card shall be confiscated by the Airport Manager and the Person shall
be escorted off the airside area.
(c) A gate access device or access card that has not been used in one hundred eighty (180)
consecutive days shall be deactivated.
Sec. 3-123. -Permit not transferable.
No lease, license,permit, or agreement shall be assigned, transferred, or in any other manner
set over to another person without the prior written consent of the City.
Secs. 3-124-3-200. -Reserved.
ARTICLE II.-RULEMAKING AUTHORITY
Sec. 3-201. -Airport Rules and Regulations.
The Airport Manager is authorized to establish or amend such rules, regulations, and
minimum operating standards as are necessary or useful to carry out or supplement the provisions
of this chapter and provide for the orderly and safe operation of the Airport.
Sec. 3-202. -Limitation on rules and regulations by Airport Manager.
(a) No rule, regulation, or minimum operating standard established by the Airport Manager
shall be effective until fourteen (14) calendar days after it is approved by the Airport
Advisory Board. Any regulation established by the Airport Manager shall be posted in the
lobby or other area of the Airport terminal building open to the public during normal
business hours for a period of not less than five (5) calendar days prior to approval by the
Airport Advisory Board;however,City Council has the ability to review and approve rules,
regulations, or minimum operating standards the Airport Advisory Board does not approve
and such rules, regulations, or minimum operating standards shall be effective fourteen
(14) dqys after it is approved by City Council.
(b) No regulation established by the Airport Manager shall increase fees identified in the
Airport Rates and Fees Schedule.
(c) Creation or modification of any fee is subject to approval by the Airport Advisory Board
and the City Council.
Sec. 3-203. -Posting and filing of documents.
Airport Rules, Regulations, Minimum Operating Standards, and Rates and Fees Schedule
shall be filed with the City Secretary. All amendments to these documents shall be filed with the
City Secretary.
Chapter 3 —Airport 9 Revised August 18,2025
Sec. 3-204. -Emergency rules and regulations.
With the approval of the City Manager, the Airport Manager has authority to impose
emergency regulations. Such emergency regulations are limited to a forty-five (45) calendar day
duration and take effect immediately upon execution by both the Airport Manager and the City
Manager and posting of copies of the regulations at the Airport terminal building and at two (2)
other public places within the City. Each emergency rule or regulation shall be reviewed and
considered to be established as a permanent rule or regulation at the next regularly scheduled
Airport Advisory Board meeting.
Secs. 3-205-3-300. -Reserved.
ARTICLE III.-AIRPORT BUSINESS PERMITS
Sec. 3-301. -Airport Business Permit required.
No Commercial Aeronautical Activity shall be conducted by any Person at the Airport without
said person being in possession of a valid Airport Business Permit.Each Person holding an Airport
Business Permit must hold a valid and current sales and use tax permit issued by the state, if such
license is required by the state and hold applicable insurance or other documentation as required
by the minimum operating standards. Any Person that is not a natural person must be a duly
formed entity that is authorized to do business in the State of Texas. Issuance of an Airport
Business Permit does not entitle the holder to possess, occupy, or exclusively use any portion of
the Airport, grant any exclusive right to conduct any business or activity, or authorize any conduct
prohibited by zoning laws or any other applicable law.
Sec. 3-302. -Airport Business Permit applications.
Except as specifically stated otherwise in this chapter, an application for an Airport Business
Permit is subject to approval by the Airport Manager as indicated in the Airport Minimum
Operating Standards and is subject to ratification by the Airport Advisory Board at its next
regularly scheduled meeting. The City is not responsible or liable for any loss, injury, or damage
as a result of the failure of the Airport Advisory Board to ratify an administrative approval of an
Airport Business Permit. Each application for an Airport Business Permit shall be accompanied
by the following:
(1) An Airport Business Permit application;
(2) All information identified in section 2-1 of the Airport Minimum Operating Standards; and
(3) Such other information as the Airport Manager may reasonably request.
Sec. 3-303. - Temporary Airport Business Permits.
Notwithstanding section 3-302, the Airport Manager shall have authority to issue temporary
Airport Business Permits and to establish procedures relating thereto. Such temporary permits shall
cover a single period of not more than sixty (60) consecutive days identified on the permit. No
more than one(1)temporary permit shall be issued to any Person in any twelve(12)month period.
Each application for a temporary Airport Business Permit shall be accompanied by an Airport
Chapter 3 —Airport 10 Revised August 18,2025
Business Permit form and any other applicable documentation as determined by the Airport
Manager.
Sec. 3-304. -Permit display.
Any Person conducting Ceommercial Aeronautical Activity shall,upon demand, produce the
Airport Business Permit to a City representative for inspection.
Sec. 3-305. -Duration of permit.
An Airport Business Permit shall remain in effect so long as the permittee complies with all
of its terms, conditions, and covenants.
Sec. 3-306. -Nonwaiver of defaults.
The waiver by the City of any breach by the permittee of any term, covenant, or condition of
any permit shall not operate as a waiver of any subsequent breach of the same or any other term,
covenant,or condition of the permit.No term,covenant,or condition thereof can be waived except
by the written consent of the Airport Manager, and forbearance or indulgence by City, in any
regard whatsoever, shall not constitute a waiver of the term,covenant,or condition to be performed
by permittee, and until complete performance by permittee of the term, covenant, or condition,the
City shall be entitled to invoke any remedy available to it hereunder or by law, despite such
forbearance or indulgence.
Sec. 3-307. - General conditions for all permits.
The City is neither a joint venturer with, nor a partner or associate of, the permittee with
respect to any manner provided for in the permit. Nothing herein contained shall be construed to
create any such relationship between the parties or to subject the City to any obligation of the
permittee whatsoever. The permit is a license and not a lease.
Sec. 3-308. -Insurance.
(a) The operator, lessee, licensee, permittee, or other person using the Airport, required to
obtain and maintain insurance under the Airport Minimum Operating Standards, shall, at
their own expense,obtain and maintain a general liability policy or Airport premises policy
from an insurance company authorized to do business in Texas, with the minimum
coverage required by the applicable Airport Minimum Operating Standards. All policies,
except Workers" Compensation, shall name the City of Denton, its agents, employees,
elected and appointed officials, directors, officers, commissioners, board members, and
representatives as Additional Insureds. All policies of insurance, except Workers'
Compensation, shall be primary and non-contributory to any insurance or self-insurance
maintained by the City.
(b) The operator, lessee, licensee, permittee, or other person using the Airport, is responsible
for working with an informed and reputable insurance representative to understand and
obtain all the applicable insurance required by the Airport Minimum Operating Standards.
(c) The City does not represent or warrant that the types of coverage or minimum limits
contained in the applicable Airport Minimum Operating Standards are sufficient to protect
Chapter 3 —Airport 11 Revised August 18,2025
any Airport user from liabilities that might arise out of the access or use of the Airport, or
any of its facilities.
Secs. 3-309-3-400. -Reserved.
ARTICLE IV.-ENFORCEMENT
DIVISION]. - GENERALLY
Sec. 3-401. - Violations.
(a) it shall be tirilawfit! for- any Per-son to eatise, faeilita4e, aid, or abet any violation of any
this chapter-, or- any rules, regulations, or- fflifitypeam 0 erating standards
prem-ulgated hereunder, or to fail to perform any aet or duty required by this ehapter e
PdIes, regulations, or mi i — ope-ating standards promulgated hereunder-.
(b)La) When two (2) or more persons have liability to the City or are responsible for a
violation, their responsibility shall be joint and several.
Sec. 3-402. - .
Anyjudgmentfor abatement-, res&ution, or eivil sanetions taken pursuant to this ardele may
be enforeed as atq other . Reserved.
Sec. 3-403. - Violations not exclusive.
Violations of this chapter are in addition to any other violation enumerated within this Code
and in no way limit the penalties, actions,or abatement procedures which may be taken by the City
for any violation of this chapter which is also a violation of any other provisions of this Code or
statutes of the state. The City reserves the right_ to pursue any pplicable remedy under local, state,
or federal law.
Sec. 3-404. -Each day separate violation.
Each day any violation of any provision of this chapter, or the failure to perform any act or
duty required by this chapter, continues shall constitute a separate offense.
Sec. 3-405. -Inspections.
(a) The Airport Manager shall enforce the provisions of this chapter, and is hereby authorized
and directed to make inspections in the normal course of job duties; or in response to a
complaint that an alleged violation of the provisions of this chapter may exist; or when
there is a reason to believe that a violation of this chapter has been or is being committed.
(b) The Airport Manager may enter onto any property, or into any building or premises, at all
reasonable times to inspect or to perform the duties imposed upon the Airport Manager by
this chapter, provided that if such property, building, or premises is occupied, the Airport
Manager shall present credentials to the occupant and request entry. If such property,
building, or premises is unoccupied, the Airport Manager shall first make a reasonable
Chapter 3 —Airport 12 Revised August 18,2025
effort to locate the owner or other Person having charge or control of the property,building,
or premises and request entry.If entry is refused,the Airport Manager has recourse to every
remedy provided by law to secure entry.
law to seettre entfy,no owner-,oeettpant,or-PeFson having char-go, care, or-eontfo!Of a-By pFoperty,haikling,
or-pfemises shall fail or-negieet,after-pFoper-request is made as herein pFovided,to pfemptly peftnit entry by
the Air-port ManageF foF the purpose of inspeetion and examination pufstiant to this ehapter,
( ) c) No Person shall interfere with, prevent, or attempt to interfere with or prevent an
individual employed by the City or other person contracted for by the City, from
investigating an alleged violation of this chapter,or from abating a violation of this chapter.
Sec. 3-406. -False information.
No Person shall knowingly make a false or fraudulent statement, or knowingly misrepresent
a fact, or mislead an individual employed by the City or other person contracted for by the City,
when that individual is investigating or abating a violation of this chapter.
Sec. 3-407. -Service of notices.
(a) Any notice required to be given for any purposes under this chapter to the City shall be
given by the Airport Manager or his designee by hand-delivery; by mailing
the notice by certified mail, return receipt requested; by email, return receipt requested; or
by facsimile transmission.
(b) Notice is deemed effective on the date it is hand-delivered, deposited in the United States
mail, emailed, or faxed.
(c) Nothing herein shall preclude the City from giving additional oral or written notice at its
discretion. If the City does elect to give any additional notice in any instance, it shall not
thereby become obligated to give such additional notice thereafter in the same or other
situation.
Sec. 3-408 Aircraft parkin.
(a) No person shall park, leave parked, or allow to remain stationary any aircraft at the Airport
except within an aircraft parking and storage area.
(b) No person shall park an aircraft in a based aircraft parking and storage area without �g
feF-and obtaining an qpprovale from the airport and/or its
Lessee.
(c, The prolonged storage of damaged/dismantled aircraft or aircraft that appear to be non-
airworthy in aircraft tiedowns or other unscreened areas of the airport shall not exceed thirty QQ)
calendar days after written notification from the Airport Manager. The aircraft owner is required
to diligently correct such condition as soon as possible to prevent an unsightly airport appearance.
Chapter 3 —Airport 13 Revised August 18,2025
Sec. 3-409 General vehicular requirements.
No person shall operate a vehicle on the Airport except in accordance with the rules prescribed by
the Airport Manager and all federal, state and local law.
(a)No person shall operate airside without an approved 4Fivff permit for that vehicle operator or
while being monitored by a business or facility that has a vehicle control plan which has been
approved by the Airport Manager.
b) When a ate ; out of seFvice, ehieles the oper-ator of a vehicle must ri , shalt aeeess -a
�a to �; a the r ti fieatio,, n ft t fr
_^cv-asr�ccnzccrv�tinc-Qc�c-v^r�ezvicc�ivcrnccccrorr�-�i�vrc�ccnr Vehicles shall remain
on paved surfaces unless otherwise permitted by the Airport.
tc)4pe`•�of Vvehicles shall yield right of way to aircraft in motion and emergency vehicles.
fd, No^rgrf a vehicles shall operate such vehicle in a careless,negligent, or reckless manner
nor pass closer than fifty (50) feet to the rear of taxiing aircraft.
(e) No vehicles shall operate such vehicle in a careless, negligent, or reckless
manner nor approach closer than fifty(50) feet to any aircraft whose engines are running,
excluding ground service and emergency vehicles.
(f)All vehicles,upon entering or exitingan access gate,must wait for the gate
to completely close behind them before proceeding to their destination so as to not allow the entry
of an unauthorized vehicle,
Sec. 3-410 Licensinz, re-istration, and insurance.
(a) No person shall operate a vehicle of any kind on the Airport without a current motor vehicle
operator's license.
MAll vehicles, whether operating on the airport or stored in a hangar, shall maintain a current
state motor vehicle registration and be in an operable or drivable condition.
(cb) All 2pgfgqfL4 vehicles shall maintain the appropriate type and amount of vehicle liability
insurance required by state law.
Sec. 3-411 Control of vehicles.
No person shall operate or park a vehicle at the Airport in a manner prohibited b. signs,pavement
markings, or other signals posted by the g#yCity or by regulations under this article. The Airport
Manager has plenary power to regulate or prohibit any class or type of vehicle or any other type
or class of wheeled vehicle or other form of transport that operates in the airside area.
Chapter 3 -Airport 14 Revised August 18,2025
Sec. 3-412 Speed limits.
it shall be , „l.,wf l f f m Oi3eFatOF of a vehiele to fail tom. . ,.1y with all i3osted si3eed limits at.
*'' A,All vehicles shall be operated in strict compliance with all posted speed limits at the
airport. The maximum speed limit for all vehicles in the airside area, with the exception of
authorized municipal vehicles in the performance their official duties, is fifteen(15)miles per hour
or less if conditions warrant in order to ensure safe operation.
Sec. 3-413 Vehicles operatin-in the movement area.
(a)No^Nestor shall epefge k vehicle shall be operated in the movement area unless so authorized
in writing by the Airport Manager.
(b) Any operator- of^ vehicle authorized to operate in the movement area must display a rotating
or steady beacon that complies with FAA Advisory Circular 150/5210-5, as amended, and is
visible to the air traffic control tower personnel. Exceptions to this rule must be authorized in
writing by the Airport Manager.
(c) All opester of a vehiele tha-t � vehicles that are authorized to operate in the movement
area must be equipped with a two-way aviation radio, receive a clearance from, and remain in
continuous communications with, the Airport traffic control tower. The installation of a two-way
radio does not permit the operation of vehicles in the movement area without prior written
permission of the Airport Manager. If vehicles are not equipped with radios, prior arrangements
must be made with the Airport Manager. Additionally, all vehicle operators shall be conversant
with the standard airport light gun signals.
Sec. 3-414 Authority to remove vehie-lesproperty.
The Airport Manager may cause to be removed from any area of the Airport any vehielepropgm
which is disabled, abandoned, deposited in violation of these regulations, or which presents
an operational problem to any area of the Airport, at the operator's expense and without liability
for damage which may result in the course of such movement. The City of Denton may clean up
any material unlawfully spilled, placed, or otherwise deposited at the airport and may charge the
responsible party for the cost of the cleanup, removal, and/or any required remediation, and any
expenses incurred by, or fines or damages_ imposed on, the City of Denton or airport as a result of
the cleanup.
Sec. 3-415 Bicycles, scooters and miscellaneous vehicles.
No person shall use airside any bicycle, velocipede, go-cart, go-ped, skateboard, rollerblade, all-
terrain vehicle or other vehicle not licensed or otherwise permitted by state law for operation on a
public street or highway. This section does not pertain to ety vehicles or vehicles used solely
for tugging, marshaling, or refueling aircraft, , or vehicles permitted under Texas Transportation
Code Chapter 551, Subchapters D and F. On a case-by-case basis, and with the prior written
gpproval of the Airport Manager,bicycles or other modes of transportation may be used on airside
of the Airport.
Chapter 3 -Airport 15 Revised August 18,2025
Sec. 3-416 motor omes, 'Boats, recreational vehicles, and#wUersportable buildings,
rriTper-seirshall store motor- vrncTezccTrccreiccrorrccl r'cnicre vccmpc�cruaers
anywhere on the A; ort unless in aeeor-danee with a ..;t , a-mr-oved le se ., with th . ,-;tte
Boats and -recreational vehicles (RVs), and
portable buildings and e mrer trailers shall not be stored anywhere on the airport unless in
accordance with a City-approved lease or with the written consent of the Airport Manager.
Sec. 3-417 Vehicle accidents.
The driver of any vehicle involved in an accident on the Airport which results in injury or death to
any person, or damage to any property, shall immediately stop such vehicle at the scene of the
accident; render reasonable assistance to a person injured in the accident, including making
arrangement for the caringoperson to a physician, surgeon or hospital for medical or surgical
treatment if it is apparent that treatment is necessary or if the caringiquested b, the
person; and give his name, address and operator's license and registration number to the person
injured, the Airport Manager and to any policeofficer or witnesses of the accident. The operator
of such vehicle shall make a report of such accident in accordance with state law and provide a
copy of same to the Airport Manager.
Sec. 3-418 Careless operation, drivinz while intoxicated, etc.
No Verse„ shall ,.vo,., e a vehicle shall be operated at the Airport or upon any area thereof:
(a) In a careless, negligent or reckless manner;
(b) In disregard of the rights and safety of others;
(c) Without due caution or circumspection;
(d) At a speed or in a manner which endangers or is likely to endanger persons or property;
(e) While the driver would be prohibited by law from operating an automobile upon the public
streets of the City due to drug or alcohol impairment or influence;
(f) If the vehicle is so constructed, equipped or loaded as to endanger or be likely to endanger
persons or property,or to result in the load or other materials becoming separated from the vehicle;
(g)Without operatingheadlights,eadlights,tail lights,turn signals, and brake lights during hours of darkness
or during inclement weather; or
(h) In a manner that does not allow the vehicle to be immediately driven or towed away from any
nearby aircraft.
Chapter 3 —Airport 16 Revised August 18,2025
Sec. 3-419 Parkin,-restrictions.
(a) No person shall park or leave any vehicle standing, whether occupied or not, except within a
designated parking area.
b) Aircraft ft owners, overator-s, and ests shall only a-k their-vehicle i the aircraft sto
when the air-er-aft is no
{O(b) Operators of a vehicle parked in an aircraft storage area shall park in a manner so as to be
completely contained in the aircraft storage space and not obstruct adjacent aircraft parking and
storage areas, or taxilanes unless for the purposes of immediate and temporary loading,unloading,
or staging of an aircraft.
Sec. 3-420 Volunteer assistance.
No person shall enter the airside area of the Airport for the purposes of attending, observing or
assisting at the scene of an accident except persons authorized by law or otherwise requested or
with consent of the Airport Manager.
Sec. 3-421 Pedestrians in the airside area.
No person shall walk, stand, or loiter in the airside area if such activity is determined to be an
operational, security, or safety concern as determined by the Airport Manager. Pedestrians shall
make all reasonable efforts to avoid crossing taxilanes and access hangars from the airside
entrances.
Sec. 3-422 Pedestrians solicitin-rides.
No person shall solicit aircraft rides from any area of the Airport.
Sec. 3-423 Vehicle repair.
No person shall clean or make any repairs to vehicles anywhere on the Airport, other than in
designated shop areas, except those minor repairs necessary to remove such vehicles from the
Airport. This provision shall not apply to ground support equipment or vehicles used in the sole
operation of a permitted airport business and are owned or leased by such business.
No person shall move, interfere or tamper with any vehicle, or put in motion the engine, or take,
or use any vehicle part, instrument or tool thereof, without the written permission of the owner or
satisfactory evidence of the right to do so duly presented to the Airport Manager.
Chapter 3 —Airport 17 Revised August 18,2025
Sec. 3-424 Airport security.
(a) The owner/operator or any facility located on the Airport perimeter shall at all times maintain
and comply with an Airport facility security plan or policies that lashave been approved by
the Airport Manager.
Sec. 3-425 Aircraft washinz
(a) it shall be unlawful to wash an air-er-aft usinj4 non biodeRr-adable soaps.' solvents, or-deRreasers
i that is not 1 wash area, by ifidividtta4s who aff-Pe, -n-At. ai-r-e-r-aft owners at--�
hARP-11 1A...,tio or- b mobile ., ,-aft . ashi ttor-s not authorized b an n oa
Wash Pla' i+.—All aircraft washing shall be conducted in accordance with posted rules, with
biodegradeable soap, and without the use of solvents or degreasers, onlyj
1. At approved wash areas, or
2. By aircraft owners at the based location, or
3. By_permitted mobile aircraft washing services operators in accordance with their Approved
Wash Plan(AWP).
(b)it;s „rlawffi f r gny ,o-�a to use City-owned wash areas shall be used for the purposes ether
off aircraft washing and polishing.
(c) Rrunoff shall be collected and properly
disposed of in a manner acceptable to the Airport Manager, in accordance with all federal, state,
county and local law.
(d)Any overator-of an a ci,ft In no case shall aircraft washing not wash stteh-aifemft be conducted
within fi . (50) feet of storm water drainage or dirt/grass areas without containment (berm, tarp,
etc.), nor shall wash/waste water be disposed of in storm water drainage or dirt/grass areas.
Sec. 3-426 Smokinm areas.
No smoking shall be permitted:
a Airside
(b) Within fifty (50) feet of an aircraft, fuel truck and/or fuel storage area
(c) Where specifically prohibited by the cit.
Chapter 3 —Airport 18 Revised August 18,2025
Sec. 3-42 7 Aircraft accident reports.
All airport property damage must be reported to Airport Staff. AU persons involved in an aircraft
accident occurring on the Airport, within the city, or that involves aircraft which departed from or
were enroute to the Airport, shall make a full report thereof to the Airport Manager as soon after
the accident as possible, but in no event later than the time required for reporting the accident to
the FAA or to any other governmental agency, or within forty-eight (48) hours of the accident,
whichever is sooner. The report shall include the names and addresses of the persons involved,
and a description of the accident and its cause. When a written report of an accident is required by
federal or state law, regulation, or agency, a copy of such report shall also be submitted to the
Airport Manager.
Sec. 3-428 Interferinz or tamperinz with aircraft.
a) 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 under the specific direction of the Airport Manager in an emergencE
b) No person shall interfere with the operation of any aircraft, including, without limitation,
obstructing an aircraft in movement or obstructing or distracting or interfering with the
vision of the pilot or pilots of any aircraft by mechanical means, light, sound, or any other
means.
Sec. 3-42908-3-500. -Reserved.
DIVISION 2. -DENIAL OF USE
Sec. 3-501. -Denial grounds.
(a) The Airport Manager may deny access to, and deny the use and privileges of, the Airport
or any of its facilities to any Person:
(1) Who violates this chapter, or any rules, regulations, or minimum operating standards
promulgated hereunder;
(2) Whose action would place the Airport in violation of 49 U.S.C. § 47160 et seq., 14
C.F.R. Part 1 et seq., or the FAA Grants and Assurances (see 14 C.F.R. Part 152), as
amended or its successor regulation; or
(3) Who violates any future conditions which the City may impose by appropriate process
or any federal statute or regulations hereafter enacted.
(b) The Person to whom the aircraft is registered is responsible for the acts of all Persons
(including,but not limited to,all agents,employees,and pilots)to whom control,operation,
or any authority to use said aircraft is granted. The involvement of said aircraft in any act
or omission that violates any of the above-enumerated laws, statutes, ordinances, rules,
Chapter 3 —Airport 19 Revised August 18,2025
regulations, minimum operating standards, or other conditions may result in one (1) or
more enforcement actions by the City.
(c) The Airport Manager may deny access for up to five(5)years.After the denial period ends,
a Person may request access,but the Airport Manager may continue to deny access if denial
is in the best interests of the Airport. A denial may be appealed to the Airport Appeals
Board as set forth in sections 3-504 and 3-505.
(d) Notwithstanding the provisions of this section, the Airport Manager may summarily deny
Airport access, effective immediately, pending the hearing specified in section 3-503, to
any Person for whom probable cause exists to believe the Person committed an act or
omission relating to dangerous refueling, dangerous aircraft or vehicle operation, lack of
insurance,theft of or damage to property,assault and battery, or such other act or omission
as may constitute a danger to the health, safety, or welfare of any individual or the public
in general.
Sec. 3-502. -Denial procedure.
(a) Upon pfebable cause to believe that a Person has committed acts constituting grounds for
denial of access, the Airport Manager shall provide the affected parry with notice of an
order to show cause why access should not be denied.The notice shall give at least seventy-
two (72) hours" notice of the hearing date and list the grounds for the possible denial of
access.
(b) Persons subject to subsection 3-501(d) shall be provided a hearing as soon as reasonably
practical but in no event shall said hearing be delayed more than seventy-two (72) hours
after the effective time of the denial of access,except upon mutual agreement of the Airport
Manager and the affected party.
Sec. 3-503. -Denial hearing.
Except for the summary denial of access under subsection 3-501(d),access to,and the use and
privileges of, the Airport or any of its facilities shall be denied at the date and time of the hearing
if the affected party fails to appear to contest the denial. The affected party shall have the right to
present evidence and cross-examine any witnesses. The hearing shall be informal, and the rules of
evidence shall not apply. The hearing is an administrative proceeding reviewed under the
substantial evidence standard. The Airport Manager may rule on the denial of use at the close of
the evidence and argument,but,in any case, shall enter a ruling within ten(10)calendar days after
the completion of the hearing. The Airport Manager shall notify the affected party in accordance
with section 3-407. Pending any appeal to the Airport Appeals Board, the Airport Manager"s
denial of access shall be effective immediately if the ruling is made by the Airport Manager at the
time of the hearing, or upon notice of the ruling when the ruling is made after the hearing.
Sec. 3-504. -Appeal.
(a) A person may appeal the denial of use to the Airport Appeals Board by filing a written
notice of appeal with the Airport Manager not later than ten (10) calendar days after the
Airport Manager has taken the action to be appealed from. The right to appeal is waived if
the notice of appeal is not timely filed. Except as provided under subsection 3-501(d), the
Chapter 3 —Airport 20 Revised August 18,2025
timely filing of an appeal shall stay enforcement of the denial of access until the appeal is
finally determined by the Airport Appeals Board.
(b) This division contains all the appellate relief to which an aggrieved party is entitled through
City procedures. The exhaustion of appellate remedies at the City level does not preclude
an aggrieved party from seeking any other remedies provided by law.
Sec. 3-505. -Appeal procedure.
(a) Upon receipt of a written notice of appeal, the Airport Appeals Board shall set an appeal
hearing within ten (10) calendar days and shall give notice of the hearing as provided in
this division.
(b) When required in the interest of fairness, the Airport Appeals Board may grant
continuances of the hearing, but all hearings on denial of access shall be heard not later
than thirty (30) calendar days from the date on which the notice of appeal was filed.
(c) The appeal hearing must be a trial de novo. The decision of the Airport Appeals Board is
final.
(O(d) Except for the summary denial of access under subsection 3-501(d), access to, and
the use and privileges of the Airport or any of its facilities shall be denied at the date and
time of the hearing unless the affected party or the parry"s counsel appears to contest the
denial.
(d)Le) An appellant may be represented by counsel at the hearing and the City may be
represented by the City Attorney. Formal rules of evidence shall not apply. Both the
appellant and the City shall have the right to present evidence through testimony or exhibits
and to cross-examine witnesses. The Airport Appeals Board shall preside over the
proceedings and shall determine the order and manner of proof.
W f) At the conclusion of the hearing,the Airport Appeals Board shall rule on the appeal
and notify the appellant of the ruling in accordance with section 3-407, within ten (10)
calendar days after the hearing, unless all parties stipulate that additional time is required
to render a decision. The Airport Appeals Board"s decision shall be supported by a
preponderance of evidence. The decision of the Airport Appeals Board is final.
#) g) Except for the summary denial of access under subsection 3-501(d), the
denial of access shall be effective immediately if the ruling is made by the Airport
Appeals Board at the time of the hearing, or upon notice of the ruling when the
ruling is made after the hearing.
Sec. 3-506. -Settlement agreements.
(a) After the Airport Manager denies access to, and the use and privileges of the Airport or
any of its facilities, and before the Airport Manager enters a ruling, the Airport Manager
and affected Person may enter into a settlement agreement to allow access.
(b) After the affected person appeals the denial of access to the Airport Appeal Board, and
before the Airport Appeals Board enters a ruling, the Airport Appeals Board and the
affected person may enter into a settlement agreement to allow access.
Chapter 3 —Airport 21 Revised August 18,2025
Secs. 3-507-3-600. -Reserved.
DIVISION 3. -SANCTIONS, PROCEDURES
Sec. 3-601. -Remedies.
The Airport Manager, the City Attorneys office, and the City Manager, or their designees,
may pursue any or all of the remedies provided in this article or allowed by local, state or federal
law.
Sec. 3-602. -Jurisdiction of City court.
(a) Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in the
Denton municipal court.
Sec. 3-603. -Reserved .
(e) The:ggpVjqj!jj citation shall ftn4her-notify the defendant that failure to appear on or-before the date specifi
in the eemplaint will result in the entry of a judgment by default against the defendant,and the cotH4 fn
(d) sefviee of the eitationleompiaint may be aeoemplished and shall be deemed pro-per a-ad oomplete by any of
(5"yhaving the defendant sign the eitationloomplaint with a promise to appear in eotu4 within ten
calendar days of the issuanee of the(b)-The citation shall be substantially in the same form as a T-Faffie Citation and shall direct the defendant4o
receipt requested,to the per 's last known address; o
ION
I/ LTn tl,0 0 0,4 sv v eannet be meemplished as 0t F,tL, ;n (d)(1), /ll or- (3), the
Pr-eeedtffeCity may senie the defendant by any means allowed by the Texas Rules of Civ4
.
Sec. 3-604. - .
. Reserved.
Sec. 3-605. -Appearance by defendant.
The defendant shall, within ten (10) calendar days of the issuance of the eitafien 0 citation
, appear in person or through the defendant"s attorney in the municipal
Chapter 3 -Airport 22 Revised August 18,2025
court and shall either admit or deny the allegations contained in the citation. If
the defendant admits the allegations, the court shall enter judgment against the defendant md
ivil sanction for- the viela4ien not to exceed two hundred fik dellafs ($250. for a
Class C Misdemeanor, and may, in its discretion, deny defendant use of the Airport pursuant to
Ssection 3-612. If the defendant denies the allegations contained in the citationeemplainteitation,
the court shall set the matter for hearing.
Sec. 3-606. - .
hearing by the eeur4, the aflega&ns in the eivil eitation or eenip- laha shaU be deemed admitted
defendantuse of theAirportpHrsHant to . Reserved.
Sec. 3-607. - .
this Reserved.
Sec. 3-608. - ' vil saneti
. f... .h iind,ed fiiy a »am iI cn nn). Reserved.
Sec. 3-609. -Rules of procedure for criminal violations.
The Texas Rules of Criminal Procedure shall be followed by the Denton Municipal Court for
criminal violations of this chapter,except as modified or where inconsistent with provisions of this
chapter.
Sec. 3-610. - Criminal penalty.
Upon a conviction of a misdemeanor the court may impose a penalty in accordance with
subsection 1-8(a) of this Code and state law for Cc-lass Ce Mmisdemeanors.
Sec. 3-611. -Restitution.
In addition to any civil sanction or criminal penalty provided for in this article, any Person
violating this chapter shall be liable for all costs which may be associated with the City='s rectifying
any violation of this chapter. The court shall impose restitution in addition to any eivil sanetio e
criminal penalty.
Sec. 3-612. -Denial of Airport use.
In addition to any civil s.,,,etio,, or-criminal penalty provided for in this article, the court may
issue an order suspending the right of any person violating this chapter to use the Airport or any
of its facilities.
Chapter 3 —Airport 23 Revised August 18,2025
Secs. 3-613-3-700. -Reserved.
DIVISION 4. -LICENSE AND PERMIT REVOCATION
Sec. 3-701. -Revocation grounds.
The Airport Manager may revoke any license or permit issued pursuant to this chapter, upon
the happening of any of the following events:
(1) A violation of the terms of such license or permit, of any provision of this chapter, or
any rules, regulations, or minimum operating standards promulgated pursuant to this
chapter;
(2) Falsification of any application or other information provided to the City under this
chapter;
(3) Any action which would place the Airport in violation of 49 U.S.C. § 47160 et seq.,
14 C.F.R. Part 1 et seq., or the FAA Grants and Assurances (see C.F.R. Part 152); or
(4) A violation of any future rules, regulations, minimum operating standards, or other
conditions which the City may impose by appropriate process or any federal statute or
regulation hereafter enacted.
Sec. 3-702. -Revocation procedure.
Upon pf ebable cause to believe that the licensee or permittee has committed acts constituting
grounds for revocation as provided in section 3-701,the Airport Manager shall provide the affected
party with notice of an order to show cause why the license or permit should not be revoked. The
notice shall give at least seventy-two (72) hours" notice of the hearing date and list the grounds
for the possible revocation. The affected party shall have the right to present evidence and cross-
examine any witnesses. The hearing shall be informal and the rules of evidence shall not apply.
The hearing is an administrative proceeding reviewed under the substantial evidence standard.
Except for the summary suspension under subsection 3-703(c), the license or permit revocation is
effective at the date and time of the hearing if the affected party fails to appear to contest the
revocation.
Sec. 3-703. -Revocation hearing.
(a) The Airport Manager may rule at the close of the evidence and argument, but shall enter a
ruling within ten (10) calendar days of the completion of the hearing. _Upon the decision
of revocation, the aggrieved party shall forthwith surrender the subject license or permit.
(b) After a revocation, any Person responsible for the acts constituting the ground for the
revocation shall be ineligible to reapply for a like license or permit within an appropriate
period of time as determined by the Airport Manager.A partnership,corporation,company,
or association which has as a partner, officer, stockholder, or member ineligible for
reapplication as provided by this subsection shall itself be ineligible for a like period.
(c) Notwithstanding the provisions of(b) of this section,the Airport Manager may summarily
suspend, effective immediately,pending a revocation hearing,the license or permit of any
Chapter 3 —Airport 24 Revised August 18,2025
Person for whom prebable cause exists to believe he/she committed an act relating to
dangerous refueling, dangerous aircraft or vehicle operation, lack of insurance, theft of or
damage to property, assault and battery, or such other act or omission as may constitute
danger or threat to the health, safety, or welfare of any Person or the public in general. The
affected party shall be provided a hearing as soon as reasonably practical but in no event
shall said hearing be delayed more than seventy-two (72) hours after the effective time of
the summary suspension, except upon mutual agreement of the Airport Manager and the
affected party.
Sec. 3-704. -Appeal.
(a) An aggrieved party may appeal the denial of a license or permit renewal or revocation to
the Airport Appeals Board by filing a written notice of appeal with the Airport Manager
not later than ten (10) calendar days after the Airport Manager has taken the action to be
appealed from. The right to appeal is waived if the notice of appeal is not timely filed.
Except as provided under subsection 3-703(c), the timely filing of an appeal shall stay
enforcement of the revocation until the appeal is finally determined by the Airport Appeals
Board.
(b) This division contains all the appellate relief to which an aggrieved parry is entitled through
City procedures. The exhaustion of appellate remedies at the City level does not preclude
an aggrieved party from seeking any other remedies provided by law.
Sec. 3-705. -Appeal procedure.
(a) Upon receipt of a written notice of appeal, the Airport Appeals Board shall set an appeal
hearing within ten (10) calendar days and shall give notice of the hearing as provided in
this division.
(b) When required in the interest of fairness, the Airport Appeals Board may grant
continuances of the hearing, but all hearings on license or permit revocations and
suspensions shall be heard not later than thirty (30) calendar days from the date on which
the notice of appeal was filed.
LcLAn appellant may be represented by counsel at the hearing and the City may be represented
by the City Attorney. Formal rules of evidence shall not apply. Both the appellant and the
City shall have the right to present evidence through testimony or exhibits and to cross-
examine witnesses. The Airport Appeals Board shall preside over the proceedings and shall
determine the order and manner of proof. Except for the summary suspension under
subsection 3-703(c),the license or permit revocation is effective at the date and time of the
hearing unless the affected party or the party"s counsel appears to contest the revocation.
(d) The appeal hearing must be a trial de novo. The decision of the Airport Appeals Board is
final.
(e)Le) At the conclusion of the hearing,the Airport Appeals Board shall rule on the appeal
and notify the appellant of the ruling in accordance with section 3-407, within ten (10)
calendar days after the hearing, unless all parties stipulate that additional time is required
to render a decision. The Airport Appeals Board"s decision shall be supported by a
preponderance of evidence. The decision of the Airport Appeals Board is final.
Chapter 3 —Airport 25 Revised August 18,2025
(d)ffl Except for summary suspension under subsection 3-703(c), the revocation shall be
effective immediately if the ruling is made by the Airport Appeals Board at the time of the
hearing, or upon notice of the ruling when the ruling is made after the hearing.
(otg The licensee or permittee shall surrender all revoked licenses and permits to the
Airport Appeals Board at such time as the revocation becomes effective.
Sec. 3-706. -Settlement agreements.
(a) After the Airport Manager revokes or suspends a license or permit, and before the Airport
Manager enters a ruling, the Airport Manager and affected person may enter into a
settlement agreement regarding the license or permit.
(b) After the affected Person appeals the revocation to the Airport Appeals Board, and before
the Airport Appeals Board enters a ruling, the Airport Appeals Board and the affected
Person may enter into a settlement agreement regarding the license or permit.
Secs. 3-707-3-800. -Reserved.
DIVISION 5. -ABATEMENT OF VIOLATIONS
Sec. 3-801. -Abatement in lieu of or in addition to other actions.
(a) In addition to or in lieu of denial of access or filing a civil or criminal complaint, the City
may file notice to abate any violation of this chapter. Such abatement shall proceed
independently of any denial of access or cal or- criminal violation filed pursuant to this
chapter.
(b) If any Person, served a notice to abate by the City pursuant to this chapter, fails to comply
with such notice or order, the City may abate the conditions subject to the notice.
(c) If the City elects to abate the violation, the Airport Manager or him=their designee
shall prepare a verified statement as to the actual cost of abating the violation, and shall
add an additional fifteen (15) percent for costs of inspection and other incidental costs
associated with abating the violation. The statement shall be sent in accordance with
section 3-407, to the owner(s) or other Person(s) upon whom the notice to abate or order
was served. That statement shall further set forth the following:
(1) The person has fifteen (15) calendar days from the date of the statement to pay; and
(2) Appeal procedures.
Sec. 3-802. -Emergency abatement.
If a situation presents an imminent danger or threat to the health, safety, or welfare of any
Person or the public in general,the City may issue a notice to abate directing the responsible Person
to take such immediate action as is appropriate to abate the emergency. In addition, the City may
act to abate the emergency. In the event the City is unable to contact the responsible person, such
inability in no way affects the City='s right to abate the emergency. The responsible Person shall
Chapter 3 —Airport 26 Revised August 18,2025
be granted a review before the Airport Appeals Board on the matter upon that Person='s request,
as soon as practicable, but such appeal shall in no case stay the abatement of such emergency.
Sec. 3-803. -Notice to abate.
(a) If, after an inspection,the City finds one(1)or more violations of this chapter, and the City
elects to use the abatement process,the City shall,in writing,notify the owner, or agent for
the owner.
(b) The notice to abate shall set forth the following information:
(1) The owner has fifteen (15) calendar days from service of notice in accordance with
section 3-407 to abate the violation;
(2) Identification of the property in violation by street address if known, and if unknown,
then by book, map and parcel number;
(3) Statement of the violation in sufficient detail to allow a reasonable person to identify
and correct the violation(s);
(4) Reinspection date and time;
(5) Name, address, and phone number of the City inspector who sent the notice to abate;
(6) A warning stating that, if the violations are not corrected within the fifteen (15)
calendar day period, the City can abate the problem and assess the owner the cost of
such abatement and record a lien on the property for the assessment;
(7) Appeal procedures; and
(8) The fifteen (15) calendar day notice set forth in this section shall not apply to
emergency abatements pursuant to section 3-802.
Sec. 3-804. -Appeal of notice to abate.
(a) Any notice to abate or any assessment can be appealed to the Airport Appeals Board.
(b) An appeal must be filed within fifteen (15) calendar days of the service of the notice to
abate or the assessment and must be filed with the Airport Manager='s office.
(c) Failure of a Person entitled to appeal under this chapter to timely file an appeal shall
constitute a waiver of the right to appeal and such Person shall be estopped to deny the
validity of any notice or assessment which could have been timely appealed.
(d) The notice of appeal shall set forth, in writing, the Person='s reasons for believing no
violation of the chapter has occurred or that the assessment is excessive.
(e) The individual appealing shall accompany the written appeal with an appeal fee of twenty-
five dollars ($25.00), such sum to be deposited in the Airport enterprise fund of the City.
(f) In case of financial hardship, the fee may be suspended by the Airport Manager until the
decision on appeal is rendered. The Airport Appeals Board may waive the fee upon a
finding of financial hardship.
Airport Rules and Regulations Page 2 Revised August 18,2025
Sec. 3-805. -Procedure on appeal.
(a) The Airport Appeals Board shall set a hearing date for review of the appeal within forty
(40) calendar days of the receipt of notice of appeal by the Airport Manager.
(b) The Airport Appeals Board shall take testimony from all parties to the appeal. The hearing
shall be informal and the rules of evidence shall not apply. The parties may, if they choose,
be represented by an attorney.
(c) The Airport Appeals Board shall prepare a written summary of the hearing and shall set
forth the decision reached.A decision shall be rendered and sent in accordance with section
3-407 to all parties to the appeal within fifteen (15) calendar days of the hearing. The
decision of the Airport Appeals Board is final.
Sec. 3-806. -Abatement variances and time extensions.
(a) Any Person may request a variance or time extension of a notice to abate or an assessment.
Such request shall be made to the Airport Appeals Board.
(b) The same time limits for filing and written requirement that appear in section 3-704 on
appeals applies to this section.
(c) The procedure shall be the same as set forth in section 3-705.
(d) The Airport Appeals Board may grant a variance only where it is determined that all of the
following apply:
(1) Special circumstances or conditions apply to this appeal application such as hardship;
(2) Authorization of the variance is necessary for the preservation and enjoyment of
substantial property rights; and
(3) Authorization of the variance will not be materially detrimental to Persons residing or
working in the vicinity, to adjacent property, to the neighborhood or to the public
welfare in general.
(e) If a variance is granted by the Airport Appeals Board, the conditions in paragraph (d)
allowing the variance and the extent of the variance shall be explicitly stated.
(f) The Airport Appeals Board may grant one(1)extension of the time limit set forth in section
3-803. Such extension shall not exceed one hundred eighty (180) calendar days. The
extension period granted by the Airport Appeals Board starts to run on the day the Airport
Appeals Board issues a decision pursuant to section 3-805(c). The Airport Appeals Board
may grant an extension only where it is shown that:
(1) It would create a hardship to comply with the decision within the fifteen (15)-day
period of section 3-803; and
(2) The moving party presents a plan that is approved by the Airport Appeals Board, by
which said party will comply with the decision within no more than one hundred eighty
(180) calendar days.
Airport Rules and Regulations Page 3 Revised August 18,2025
Sec. 3-807. -Appeal from decision of Airport Appeals Board.
Any party aggrieved by a decision of the Airport Appeals Board may seek review by the City
Council.
Sec. 3-808. -Stay of order during appeal.
Except for orders to vacate or violations presenting an imminent hazard, the timely filing of
an appeal shall stay enforcement of a notice to abate or assessment until the appeal is finally
determined by the Airport Appeals Board.
Sec. 3-809-3-900. -Reserved.
Airport Rules and Regulations Page 4 Revised August 18,2025