20-240S:\Legal\Our Documents\Ordinances\20\Airport Governance Docs -cleandocx
ORDINANCE NO. 20-240
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 3, TITLED
"AIRPORTS," OF THE CODE OF ORDINANCES OF THE CITY OF DENTON
REGARDING AIRPORT GOVERNANCE; ADOPTING AIRPORT RULES AND
REGULATIONS AND AIRPORT MINIMUM OPERATING STANDARDS AS GUIDING
DOCUMENTS; PROVIDING A REPEALER CLAUSE; PROVIDING FOR PENAL TIES;
PROVIDING FOR CODIFICATION; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") owns and operates the Denton Enterprise Airport
(the "Airport"), which operated under the guidance of the Federal Aviation Administration
("FAA''); and
WHEREAS, the FAA has many policies that regulate the operation of an airport, including
grant assurances, policies, orders, and advisory circulars (the "FAA Policy"), with which the
Airport must abide; and
WHEREAS, to assist in compliance with FAA Policy, many airports establish their own
guiding documents; and
WHEREAS, the City has since 1966 held its Airport guidance standards in Chapter 3
"Airports" ofthe Code of Ordinances; and
WHEREAS, it is advisable to update the guidance documents from time to time; and
WHEREAS, changes in FAA Policy and activities require the update of the Airport guiding
documents and several provisions of Chapter 3 have not been updated since 1966; and
WHEREAS, the City Council, after due consideration, finds it should take the time to
update all Airport guiding documents, even accompanying documents to Chapter 3 that to-date
have not been officially adopted by the City; and
WHEREAS, as part of the update, the City Council previously adopted the Airport Rates
and Fees Schedule on May 1, 2019; and
WHEREAS, City staff drafted a new Chapter 3 "Airports" to the City Code of Ordinances,
as well as Airport Rules and Regulations and Airport Minimum Operating Standards (the "New
Airport Guiding Documents"), which were presented in eight public presentations before the
Airport Advisory Board and two public presentations before the Council Airport Committee; and
WHEREAS, public feedback was considered, and provisions revised as appropriate; and
WHEREAS, the Airport Advisory Board recommended approval of the New Airport
Guiding Documents on December 12, 2019, by a vote of[5-1]; and
WHEREAS, the Council Airport Committee unanimously recommended approval of the
New Airport Guiding Documents on January 28, 2020, by a vote of [2-0]; and
WHEREAS, the City Council, following consideration and to comply with FAA Policy,
finds it is in the public interest to update the Airport guiding documents by adoption of the New
Airport Guiding Documents ; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS :
SECTION 1. The City Council finds that the recitals made in the preamble of this
Ordinance are true and correct, and incorporates such recitals into the body of this ordinance as if
copied in their entirety.
SECTION 2. The City Council hereby repeals the existing Chapter 3 "Airports" of the
Code of Ordinances and replaces it in its entirety with the provisions in Exhibit "A," Chapter 3
"Airports," attached hereto and made a part hereoffor all intents and purposes .
SECTION 3. The City Council hereby adopts the Airport Rules and Regulations as set
forth in Exhibit "B," attached hereto and made a part hereof for all intents and purposes.
SECTION 4. The City Council further adopts the Airport Minimum Operating Standards
as set forth in Exhibit "C," attached hereto and made a part hereof for all intents and purposes.
SECTION 5. The Airport Manager, or his designee, is hereby authorized to carry out all
the obligations and duties of the City under the New Airport Guiding Documents adopted herein.
SECTION 6 . Any person found violating the provisions of this Ordinance, upon
conviction, shall be subject to the penalties set out in Exhibit "A." Each day that a provision of
this Ordinance is violated shall constitute a separate and distinct offense.
SECTION 7. The City Secretary is hereby directed to record and publish the attached
Exhibit "A" in the City 's Code of Ordinances as authorized by Section 52 .001 ofthe Texas Local
Government Code.
SECTION 8. If any section, article, paragraph, sentence, phrase, clause, or word in this
ordinance, or application thereof to any persons or circumstances, is held invalid or
unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance; the City Council declares that it would have ordained
such remaining portion despite such invalidity, and such remaining portion shall remain in full
force and effect.
SECTION 9. This Ordinance, providing for a penalty, shall become effective fourteen (14)
days from the date of its passage, and the City Secretary is hereby directed to cause the caption of
this Ordinance to be published twice in the Denton Record Chronicle, a daily newspaper published
in the City ofDenton, Texas, within ten (10) days ofthe date of its passage .
, .
The motion to approve this ordinance was made by lJOt.b.t t:Yk;tl and
seconded by W&e>c-tf(< S , the ordinance was passed and approved by
the following vote r__ce_ -__0 :
Mayor Chris Watts:
Gerard Hudspeth, District 1 :
Keely G . Briggs, District 2 :
Jesse Davis, District 3:
John Ryan, District 4:
Deb Armintor, At Large Place 5 :
Aye
/
../
J
v
.;
Paul Meltzer, At Large Place 6 : I
PAS SED AND APPROVED this the //tft
ATTEST:
ROSARIOS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
AARON LEAL, CITY ATTORNEY
BY:
Nay Abstain Absent
My £jil;;L
C WATTS, MAYOR
Chapter 3-AIRPORTS
ARTICLE I. -IN GENERAL
Sees. 3-1-3-100.-Reserved.
Sec. 3-101. -Definitions.
EXHIBIT A
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 Act") 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.
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. "Aeronautical activities" 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 "Aeronautical
Activity."
Airport Business Permit means administrative approval issued by the Airport
Manager to a person to conduct commercial aeronautical activity and to provide such
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.
Chapter 3 Page 1 October 9, 2019
Airport Manager means the duly appointed manager of the City's Airport or the City
Manager's designee.
Based 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 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.
Council Airport Committee means the duly appointed three-member Council Airport
Committee of the City.
Permission or permit means permission granted by the City.
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.
Runway means a defined area on the Airport for aircraft landings and takeoffs along
its length.
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 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.
Chapter 3 Page 2 October 9, 2019
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 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, o r 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.
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 section 2-
61 of the Code of Ordinances.
Chapter 3 Page 3 October 9, 2019
(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.
(c) The Airport Advisory Board shall establish bylaws to govern its affairs. The bylaws
shall designate:
(1) Officers of the Airport Advisory Board , the time and manner of their election,
the term of office, and the powers and duties of each officer.
(2) The time, place, and manner of notice of all regular and special meetings in
compliance with the Texas Open Meetings Act.
(3) The manner of adoption, amendment, and repeal of Airport Advisory Board
bylaws.
(4) Such other provisions as may be deemed necessary or desirable which are
not contrary to the provisions of any ordinance or resolution, the City charter,
or the laws of this state or the United States, to aid the Airport Advisory Board
in conducting its affairs.
(d) 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, airport tenants, or other
interested parties; and
(1 0) Other Airport matters as may from time to time, be assigned by the City
Council, or requested by the City manager or his or her designee .
(e) The City Manager, or his or her designee, will act as staff liaison to the Airport
Advisory Board, and will provide guidance and assistance to the board and shall
be responsible for insuring that records are maintained in accordance with the
requirements of the City Secretary's office.
(f) 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 designee.
Chapter 3 Page4 October 9, 2019
(g) The Airport Advisory Board shall perform such other duties as are imposed on the
Airport Advisory Board by this chapter.
(h) 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 Person's 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:
Chapter 3
(1) Any negligent or intentional actions, acts, errors, mistakes, or omissions
caused in whole or in part by such Person, or the Person's employees or
agents; or
(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.
Page 5 October 9, 2019
(b) This section includes, but is not limited to , environmenta l 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.
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 administratio n and collection.
The administration and collection of Airport-related fees is vested in the Airport
Manager, or his 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 s hall
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
( 1 0) 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.
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
Chapter 3 Page 6 October 9, 2019
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 lease of City-owned Airport property shall be in a form approved by the City
Attorney and subject to recommendation by the Council Airport Committee and
approval of City Council.
(2) 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 Council Airport
Committee and approval of City Council.
(3) 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 division 4 of this chapter.
(4) 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 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.
Chapter 3 Page 7 October 9, 2019
Sec. 3-124 .-Council Airport Committee review.
(a) The Council Airport Committee shall have the right and prerogative to initiate its
own review of any decision of the Airport Appeals Board, but only upon the
affirmative vote of two (2) members taken within twenty (20) days following such
decision of the Airport Appeals Board. Notice of such committee-initiated review of
any decision of the Airport Appeals Board shall be given by the Airport Manager to
the aggrieved party and Airport Appeals Board members within seven (7) days
after initiation of such review by the Council Airport Committee.
(b) The Airport Manager shall schedule such review for a Council Airport Committee
agenda not more than forty (40), nor less than fifteen (15), days following initiation
of such review by the Council Airport Committee. The Council Airport Committee
at its meeting after conducting such review shall uphold , modify, or over-rule the
decision of the Airport Appeals Board. The decision of the Council Airport
Committee shall be final.
Sees . 3-125-3-200.-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.
(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, Council Airport Committee, and the City Council.
Sec. 3-203 . -Posting and filing of documents.
Ai rport 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.
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
Chapter 3 Page 8 October 9, 2019
or regulation shall be reviewed and established as a permanent rule or regulation at the
next regularly scheduled Airport Advisory Board meeting.
Sees. 3-205-3-300.-Reserved.
ARTICLE Ill.-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. 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 Business Permit form and any other
applicable documentation as determined by the Airport Manager.
Sec. 3-304.-Perm it display.
Any Person conducting commercial 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
Chapter 3 Page 9 October 9, 2019
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.
(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 any Airport user from liabilities that might arise out of the
access or use of the Airport, or any of its facilities.
Sees . 3-309-3-400.-Reserved.
ARTICLE IV. -ENFORCEMENT
DIVISION 1. -GENERALLY
Sec. 3-401. -Violations.
(a) It shall be unlawful for any Person to cause, facilitate, aid, or abet any violation of
any provision of this chapter, or any rules, regulations, or minimum operating
standards promulgated hereunder, or to fail to perform any act or duty required by
this chapter or rules, regulations, or minimum operating standards promulgated
hereunder.
(b) When two (2) or more persons have liability to the City or are responsible for a
violation, their responsibility shall be joint and several.
Chapter 3 Page 10 October 9, 2019
Sec. 3-402.-Enforcement of judgments .
Any judgment for abatement, restitution, or civil sanctions taken pursuant to this
article may be enforced as any other civil judgment.
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.
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 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.
{c) When the Airport Manager shall have first obtained a proper inspection warrant or
other remedy provided by law to secure entry, no owner, occupant, or Person
having charge, care, or control of any property, building, or premises shall fail or
neglect, after proper request is made as herein provided, to promptly permit entry
by the Airport Manager for the purpose of inspection and examination pursuant to
this chapter.
(d) 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.
Chapter 3 Page 11 October 9, 2019
(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. 3-408-3-500.-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); 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 , 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.
Chapter 3 Page 12 October 9, 2019
(a) Upon probable cause to believe that a Person has committed acts constituting
grounds for denial of access, the Airport Manager shall provide the affected party
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 de nial 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 Airport Manager
may rule on the denial of use at the close of the evide nce and argument, but, in any case,
shall enter a ruling within ten (1 0) calendar days after the completion of the hearing. The
Ai rp ort 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 (1 0) 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 timely filing of an appeal shall stay enforcement of
the denial of access until the appeal is finally determined by the Ai rpo rt Appeals
Board.
(b) Th is 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
bylaw.
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 (1 0) 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) 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
Chapter 3 Page 13 October 9, 2019
the date and time of the hearing unless the affected party or the party's counsel
appears to contest the denial.
(d) 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.
(e) 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
(1 0) 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 unless the Council Airport Committee initiates review in accordance
with section 3-124.
(f) Except for the summary denial of access under subsection 3-501 (d), the denial of
access s hall 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 .
Sees. 3-507-3-600.-Reserved.
DIVISION 3 . -SANCTIONS; PROCEDURES
Sec. 3-601. -Remedies.
The Airport Manager, the City Attorney's office, and the City Manager, or their
designees, may pursue any or all of the remedies provided in this article.
Sec. 3-6 02. -Jurisdiction of City court.
(a) Jurisdiction of all proceedings to enforce the provisions of this chapter shall be in
the Denton municipal court.
(b) Civil actions commenced in the Denton municipal court to enforce this chapter may
be adjudicated by a judge or a court hearing officer.
Sec. 3-603.-Civil violation; commencement of action.
(a) A civil violation may be commenced by issuance of a citation or by complaint.
Chapter 3 Page 14 October 9, 2019
(b) The citation shall be substantially in the same form as a Traffic Citation and shall
direct the defendant to appear in municipal court within ten (1 0) calendar days after
issuance of the citation.
(c) The citation shall further notify the defendant that failure to appear on or before the
date specified in the complaint will result in the entry of a judgment by default
against the defendant, and the court may, in its discretion, impose a civil sanction
not to exceed two hundred fifty dollars ($250.00).
(d) Service of the citation/complaint may be accomplished and shall be deemed
proper and complete by any of the following methods:
(1) By having the defendant sign the citation/complaint with a promise to appear
in court within ten (1 0) calendar days of the issuance of the citation/complaint;
(2) By hand delivering a copy of the citation/complaint to the defendant;
(3) By mailing a copy of the citation/complaint to the person charged by certified
or registered mail, return-receipt requested, to the person's last known
address; or
(4) In the event service cannot be accomplished as set forth in (d)(1 ), (2) or (3),
the City may serve the defendant by any means allowed by the Texas Rules
of Civil Procedure.
Sec. 3-604. -Civil citation, authority to issue.
The Airport Manager, the City Attorney, or the City Manager, or their designees, may
issue a civil citation pursuant to this chapter.
Sec. 3-605. -Appearance by defendant.
The defendant shall, within ten (1 0) calendar days of the issuance of the citation or
summons and complaint, appear in person or through the defendant's attorney in the
municipal 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
and impose a civil sanction for the violation not to exceed two hundred fifty dollars
($250.00), and may, in its discretion, deny defendant use of the Airport pursuant to section
3-612. If the defendant denies the allegations contained in the citation, the court shall set
the matter for hearing.
Sec. 3-606. -Default judgment.
If a defendant fails to appear as directed on the civil citation or complaint or at the
time set for hearing by the court, the allegations in the civil citation or complaint shall be
deemed admitted and the court shall enter judgment against the defendant and impose
a civil sanction for the violation not to exceed two hundred fifty dollars ($250.00), and
may, in its discretion, deny defendant use of the Airport pursuant to section 3-612.
Sec. 3-607.-Rules of procedure for civil violations.
The Texas Rules of Criminal Procedure shall be followed by the Denton Municipal
Court for civil violations of this chapter, except as modified or where inconsistent with the
provisions of this chapter.
Sec. 3-608. -Civil sanctions.
Chapter 3 Page 15 October 9, 2019
Upon a finding of responsible to a civil violation, the court shall impose a civil sanction
not to exceed two hundred fifty dollars {$250.00).
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 class c misdemeanors .
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. Th e court shall impose restitution in addition
to any civil sanction or criminal penalty.
Sec. 3-612 .-Denial of Airport use.
In addition to any civil sanction or criminal penalty provided for in this article, the court
may issue an order suspending the right of an y person violating this chapter to use the
Airport or any of its facilities .
Sees. 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 probable 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
Chapter 3 Page 16 October 9, 2019
have the right to present evidence and cross-examine any witnesses. The hearing shall
be informal and the rules of evidence shall not apply. 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 ( 1 0) 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 Person for whom probable 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 (1 0) 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 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
bylaw.
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 (1 0) calendar days and shall give notice of t he hea ri ng
as provided in this division .
Chapter 3 Page 17 October 9, 2019
(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.
(c) 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. 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) 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
(1 0) 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 unless the Council Airport Committee initiates review in accordance
with section 3-124 .
(e) 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.
(f) 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.
Sees. 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 civil or criminal violation filed
pursuant to this chapter.
Chapter 3 Page 18 October 9, 2019
(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 his 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 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:
Chapter 3
(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
Page 19 October 9, 2019
(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 f inding of financial hardship .
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
unless the Council Airport Committee initiates review in accordance with section
3-124.
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:
Chapter3 Page 20 October 9, 2019
(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 .
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 Council Airport Committee in accordance with section 3-124.
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.
Chapter 3 Page 21 October 9, 2019
EXHIBITB
Denton Enterprise Airport
AIRPORT ADMINISTRATION OFFICE
5000 AIRPORT RD.
DENTON,TEXAS76210
(940) 349-7736
AIRPORT
DTO
RULES AND REGULATIONS
DENTON
December 11 , 20 19
REVISIONS
REVISION No. SECTION
Airport Rules and Regulations December 11 , 20 19
Table of Contents
ARTICLE 1 DEFINITIONS .............•..•........•..•............•........•.••..•••.....•.......•...........................•............ 4
ARTICLE 2 GENERAL USE OF AIRPORT ......................................................................................... 8
Section 2-1. Purpose of rules and regulations .............................................................................. 8
Section 2-2. Conflicting laws, ordinances, regulations and contracts ......................................... 8
Section 2-3. Responsible party .................................................................................................... 8
Section 2-4. Minimum operating standards ................................................................................. 8
Section 2-5. Closing of airport ..................................................................................................... 8
Section 2-6. Aircraft parking ....................................................................................................... 9
Section 2-7. Aircraft hangars ..................................................................................................... 1 0
Section 2-8. Aircraft T-hangars ................................................................................................. 10
Section 2-9. Aircraft tiedowns ................................................................................................... 11
Section 2-10. Aircraft washing .................................................................................................. 11
Section 2-11. Airport perimeter road ........................................................................................ .11
Section 2-12. Smoking areas ..................................................................................................... 11
Section 2-13. Restricted areas .................................................................................................... 12
Section 2-14. Access codes/devices ........................................................................................... 12
Section 2-15. Self-services ........................................................................................................ 12
Section 2-16. Aircraft maintenance ........................................................................................... 12
Section 2 -17. Maintenance of premises ..................................................................................... 12
Section 2-18. Floor and apron care ............................................................................................ 13
Section 2-19. Waste containers and disposal.. .......................................................................... .l3
Section 2-20. Storage ................................................................................................................. 13
Section 2-21. Storage, transfer and cleanup charges ................................................................ .13
Section 2-22. Model aircraft, kites, fireworks, etc ..................................................................... l3
Section 2-23. Commercial photography .................................................................................... 14
Section 2-24. Advertisements .................................................................................................... 14
Section 2-25. Animals ................................................................................................................ l4
Section 2-26. Firearms, explosives, etc ..................................................................................... 14
Section 2-27. Disorderly conduct, intoxicating liquors, etc ...................................................... 14
Section 2-28. Property damage, injurious or detrimental activities ........................................... 15
Section 2-29. Alteration of airport property .............................................................................. 15
Section 2-30. Lost articles ......................................................................................................... 15
Section 2-31. Abandoned property ............................................................................................ 15
Section 2-32. Temporary permits .............................................................................................. 15
ARTICLE 3 AIRCRAFT RULES ........................................................................................................ 16
Section 3-1. Landing and takeoff of aircraft .............................................................................. 16
Section 3-2. Aircraft wingspan restrictions ............................................................................... 16
Section 3-3. Traffic patterns and noise abatement procedures .................................................. 16
Section 3-4. Traffic pattern altitudes ......................................................................................... 16
Section 3-5. Qualifications to operate aircraft ........................................................................... 16
Section 3-6. Disabled aircraft .................................................................................................... 16
Section 3-7. Negligent operation of aircraft .............................................................................. 17
Section 3-8. Required aircraft equipment. ................................................................................. 17
Section 3-9. Motorless aircraft ................................................................................................... 17
Section 3-10. Running of aircraft engines ................................................................................. 17
Section 3-11. Aircraft engine run-ups ........................................................................................ 17
Airport Rules and Regulations II December 11, 2019
Section 3-12. Exhaust and propeller blast. ................................................................................ 17
Section 3-13. Taxiing of aircraft ................................................................................................ 17
Section 3-14. Common air traffic advisory frequency .............................................................. 18
Section 3-15. Aircraft accident reports ...................................................................................... 18
Section 3-16. Refusal of clearance or use .................................................................................. 18
Section 3-17. Interfering or tampering with aircraft .................................................................. 18
Section 3-18. Aerobatic flying ................................................................................................... 18
ARTICLE 4 VEHICLES, PEDESTRIANS, ETC ........•.......................................................................... 19
Section 4-1. General requirements ............................................................................................. 19
Section 4-2. Licensing, registration and insurance ................................................................... .19
Section 4-3. Control of vehicles ................................................................................................ 20
Section 4-4. Speed limits ........................................................................................................... 20
Section 4-5. Vehicles operating in the movement area ............................................................. 20
Section 4-6. Authority to remove vehicles ................................................................................ 20
Section 4-7. Bicycles, scooters and miscellaneous vehicles ...................................................... 20
Section 4-8. Motor homes, boats, recreational vehicles, and trailers ........................................ 21
Section 4-9. Vehicle accidents ................................................................................................... 21
Section 4-10. Careless operation, driving while intoxicated, etc ............................................... 21
Section 4-11. Parking restrictions .............................................................................................. 21
Section 4-12. Volunteer Assistance ........................................................................................... 22
Section 4-13. Pedestrians in the airs ide area .............................................................................. 22
Section 4-14. Pedestrians soliciting rides .................................................................................. 22
Section 4-15. Vehicle repair ...................................................................................................... 22
Section 4-16. Airport Security ................................................................................................... 22
ARTICLE 5 FUELING, FLAMMABLE FLUIDS, AND SAFETY ........................................................... 23
Section 5-1. Fuel safety ............................................................................................................. 23
Section 5-2. Unauthorized fuel possession and storage ............................................................. 23
Section 5-3 . Storage of aircraft fuel trucks, trailers and other aircraft refueling devices ......... .23
Section 5-4. Aircraft fueling locations ...................................................................................... .23
Section 5-5. Maintenance of fuel servicing vehicles ................................................................. 23
Section 5-6 . Open flame ............................................................................................................ 23
Section 5-7. Environmental spills and removal. ....................................................................... .24
Section 5-8. Lubricating oils ...................................................................................................... 24
Section 5-9 . Use of waste oil stations ........................................................................................ 24
Section 5-10. Fire extinguishers ................................................................................................ 24
Section 5-11. Fuel storage tanks ................................................................................................ 25
Section 5-12. Moveable fuel storage tanks ................................................................................ 25
Section 5-13. Self-fueling .......................................................................................................... 26
Section 5-14. Vehicle fuel. ........................................................................................................ 26
Section 5-15. Fueling of non-av iat ion vehicles ......................................................................... 26
Airport Rules and Regulations iii December 11 , 20 19
ARTICLE 1 DEFINITIONS
The following words and phrases , whenever used in these rules and regulations , shall be
construed as defined in this article 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 Act") 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.
Abandon, as applied to property left at the airport, means that it has been left on city 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 cit y 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. "Aeronautical activities" 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 "aeronautical activity."
Air traffic means aircraft in operation anywhere in the airspace and on that area of the airport
normally used for the movement of aircraft.
Aircraft means any device intended to be used , or designed , to navigate , or fly in the air.
Aircraft fuel means all flammable liquids composed of a mixture of selected hydrocarbons
expressly manufactured and blended for the purpose of effectively and efficiently operating: (a)
an internal combustion engine; or (b ) a jet or turbine engine.
Aircraft operation means an aircraft arrival at, or departure from, the airport.
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 Rules and Regulations Page4 December II, 20 I9
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 (7) member airport advisory board of
the city.
Airport business permit means administrative approval issued by the airport manager to a
person to conduct commercial aeronautical activity and provide such services to based and
transient aircraft on the airport only in facilities on the airport at which such services are
authorized.
Airport Manager means the duly appointed manager of the airport or the 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.
Amateur-built aircraft means aircraft built by individuals and licensed by the Federal Aviation
Administration (FAA) as "Experimental."
Based aircrafi means an aircraft: (1) which the owner physically locates at the airport with no
present intention of definite and early removal and with the 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 or parking; and (3) whose presence on the airport is something other than
merely transitory in nature.
Based location means the location on the airport, which is listed as an aircraft's hangar or tie
down location as registered with the airport manager.
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 considered
commercial activity regardless of whether the business is nonprofit, charitable, or tax-exempt.
Fuel handling means the transportation, delivery, fueling, and draining of fuel or fuel waste
products, and the fueling of aircraft.
Fuel storage area means any portion of the airport designated temporarily or permanently by
the city as an area in which gasoline or any other type of fuel may be stored or loaded
General aviation means all phases of aviation other than aircraft manufacturing, military
aviation, and schedu led or non-scheduled commercial operations.
Hazardous material means any hazardous or toxic substance, waste or material:
(a) the presence of which requires investigation, removal and/or remediation under any
federal , state or local statute, regulation, ordinance, order, action , policy or common law;
Airport Rules and Regulations Page 5 December ll, 20 19
(b) which is or becomes subject to regulation under any federal, state or local statute,
regulation, rule or ordinance or amendments thereto including, without limitation, the
Texas Hazardous Waste Management Act, the Resource Conservation and Recovery Act,
42 U.S.C. § 6901, et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601, et seq., and
the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C.
§ 9601 et seq.);
(c) which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic,
mutagenic , teratogenic , or otherwise hazardous, and is or becomes regulated by any
governmental authority, agency, department, commission, board, agency or
instrumentality of the United States, the State of Texas or any political subdivision thereof;
or
(d) which, without limitation, contains trichloroethene ("TCE"), 1, 1, 1 -trichloroethane
("TCA"), 1, I -dichloroethene ("DCE"), tetrachloroethene ("PCE"), 1 ,2-dichloroethene,
chloroform, gasoline , diesel fuel, propane or other petroleum hydrocarbons,
polychlorinated biphenyls ("PCBs"), asbestos, urea formaldehyde foam insulation or radon
gas.
Lands ide means the general public common use areas of the airport such as public roadways,
parking lots and buildings which are not contained in the airside area.
Local aircraft operations means aircraft operating in the local air traffic pattern or within sight
of the air traffic control tower; aircraft that are known to be departing for, or arriving from flight
in local practice areas located within a twenty-five (25) mile radius of the air traffic control tower;
or aircraft making simulated instrument approaches or low passes at the airport.
Major aircraft alterations and repair means major alterations and/or repairs of the parts or of
the types listed in FAR Part 43x .A .a and 43x.A.b.
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 o(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.
Park or parking means the standing of an aircraft or vehicle, whether occupied or not.
Pedestrian means any person traveling on foot.
Permission or permit means permission granted by the city.
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 an individual. Person includes a trustee, receiver, assignee or similar representative.
Airport Rules and Regulations Page6 December 11, 20 19
Preventive aircrafi maintenance means maintenance that is not considered a major aircraft
alteration or repair and does not involve complex assembl y operations as listed in FAR Part
43x.A.c.
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.
Roadway means any street or road whether improved or unimproved, within the boundaries of
the airport and set aside or designated for use by vehicles, whether dedicated or not.
Smoking means burning or carrying 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 allowing smoke
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.
Technical specialist means a technical representative of an aircraft manufacturer, aircraft
engine manufacturer, aircraft appliance manufacturer, or a non-destructive inspection specialist.
Traffic pattern means the traffic flow that is prescribed for aircraft landing at, taxiing on, or
taking off from the airport.
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
approved by the Airport Manager.
Airport Rules and Regulations Page 7 December 11, 20 19
ARTICLE 2 GENERAL USE OF AIRPORT
Section 2-1. Purpose of rules and regulations.
Rules and regulations provided in this document and any amendments thereto (hereinafter
referred to as "regulations"), adopted pursuant to chapter 3 of the Code of Ordinances, are intended
for the safe, orderly and efficient operation of the airport, and apply to all persons using the airport
for any reason.
Section 2-2. Conflicting laws, ordinances, regulations and contracts.
(a) In any case where a provision of these regulations is found to be in conflict with any other
provision of these regulations adopted hereunder or in conflict with a provision of any
zoning, building, fire, safety, health or other ordinance , code, rule , or regulation 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 these regulations are in conflict, the most
stringent or restrictive shall prevail.
(c) It is not intended by these regulations to repeal , abrogate, annul, or in any way impair or
interfere with existing provisions of other laws, ordinances, codes, rules or regulations
except those specifically repealed by these regulations , 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
these regulations. Compliance with these regulations 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 these regulations does not excuse failure to comply with any other law .
Section 2-3. Responsible party.
Any person accessing the airport shall be responsible for their actions and all actions of any
person to whom they provide access, whether directly or indirectly.
Section 2-4. Minimum operating standards.
Prior to commencing any aeronautical or commercial activities at the airport, all persons shall
comply with all applicable requirements concerning such activities as are set forth in the Denton
Enterprise Airport Minimum Operating Standards.
Section 2-5. Closing of airport.
In the event the airport manager believes the conditions of the airport are unsafe for landing or
takeoffs , it shall be within the manager 's authority to close the entire airport or any part thereof.
Airport Rules and Regulations Page 8 December ll , 2019
Section 2-6. Aircraft parking.
(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
applying for and obtaining an approved aircraft storage permit/agreement; and
(c) Any person who parks an aircraft city-operated aircraft parking and storage areas shall
remit to the city all applicable parking fees until such time as the person applies for and
obtains an approved aircraft storage permit/agreement.
(d) The prolonged storage of damaged/dismantled aircraft or aircraft that appear to be un-
airworthy in aircraft tiedowns or other unscreened areas of the airport shall not exceed
thirty (30) 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.
(e) If any aircraft is parked in violation of this section or, in the determination of the airport
manager, presents an operational or safety concern in any area of the airport, the airport
manager may cause the aircraft, at the owner's/operator's expense, to be moved by a
representative of a fixed base operator or other 3rd party. The city shall not be liable for
any damages which may result from the relocation of the aircraft.
(f) The airport manager may immobilize an aircraft by installing on the aircraft a propeller
lock or by such other suitable means under any of the following circumstances:
1. Failure to apply for and obtain an approved aircraft storage permit/agreement, and until
such time as the aircraft owner/operator applies for and obtains the approved
permit/agreement and remits all fees and charges due the city in accordance with
Section 3-116 of the Code of Ordinances. Under these circumstances, the aircraft
owner 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 immobilization of
the aircraft, except upon mutual agreement of the airport manager and the aircraft
owner. The hearing and any subsequent appeal shall be conducted generally in
accordance with the procedures set forth in Section 3-50 I et seq. of the Code of
Ordinances.
2. Upon revocation of an aircraft storage permit/agreement pursuant to Section 3-701 et
seq. of the Code of Ordinances , and until such time as the aircraft owner/operator remits
all fees and charges due the city in accordance with Section 3-116 of the Code of
Ordinances.
3. If, in the determination of the airport manager, the aircraft presents an operational
safety concern in any area of the airport, or otherwise constitutes a danger to the health,
safety, or welfare of any individual or the public in general, and until such time as the
Airport Rules and Regulations Page 9 December 11 , 20 19
aircraft no longer presents such health, safety or welfare concerns. Under these
circumstances, the aircraft owner 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 immobilization of the aircraft, except upon mutual agreement of the
airport manager and the aircraft owner. The hearing and any subsequent appeal shall
be conducted generally in accordance with the procedures set forth in Section 3-501 et
seq. of the Code of Ordinances.
Section 2-7. Aircraft hangars.
(a) Aircraft storage hangars shall only be used for the following purposes :
l. Storage and parking of aircraft and associated aircraft equipment and supplies as
described in the Denton Enterprise Airport General Aviation Hangar Handbook and as
approved by the city fire department and airport manager. Aircraft parked in hangars
shall be parked in a manner so as to be completely contained in the aircraft parking
space and not obstruct adjacent aircraft parking and storage areas or taxilanes, except
for purposes of im mediate and temporary staging and fueling of such aircraft.
2. Parking of vehicles in accordance with section 4-2.
(b) Use of aircraft storage hangars shall be subject to the following restrictions:
1. Major aircraft alterations and repairs may be performed in hangars as permitted by city
lease agreement, city fire code, and/or certificate of occupancy.
2. Where no personnel exit is provided, the hangar doors shall remain open thirty-six (36)
inches while the hangar is occupied by any person.
3. Oil y rags , oil wastes , rags and other hazardous materials may only be stored in
containers with secondary containment and self-closing, tight-fitting lids as approved
by the airport manager or city fire department.
(c) Aircraft hangars shall be subject to annual and periodic inspections by the airport manager
and city fire department to ensure compliance with all laws, ordinances and t hese
regulations.
Section 2-8. Aircraft T-hangars.
In addition to the provisions contained in section 2-7, the following restrictions apply to T-
hangars:
(a) Preventive aircraft maintenance may be conducted in T-hangars.
(b) Oxygen or any combustible compressed gas in a cylinder or portable tank must be secured
to a fixed location or secured to a portable cart designed for the cylinder(s) or tank(s).
Airport Rules and Regulations Page 10 December 11 , 20 19
Compressed gas cylinders or tanks must have pressure relief devices installed and
maintained. Cylinders or tanks not in use shall have a transportation safety cap installed.
(c) Batteries may be charged with a UL approved trickle charger or battery minder while the
owner, operator or tenant is not in attendance.
Section 2-9. Aircraft tiedowns.
Aircraft tiedowns shall only be used for storage and parking of aircraft in a manner so as to be
completely contained within the aircraft parking space and not obstruct adjacent aircraft parking
and storage areas or taxilanes, except for purposes of immediate and temporary staging and fueling
of such aircraft.
Section 2-10. Aircraft washing.
(a) All aircraft washing shall be conducted in accordance with posted rules, with biodegradable
soap, and without the use of solvents or degreasers, only:
1. At approved wash areas, or
2. By aircraft owners at the based location, or
3. By mobile aircraft washing services operators in accordance with their Approved Wash
Plan (AWP).
(b) City-owned wash areas shall only be used for the purposes of aircraft washing and
polishing.
(c) Runoff 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) In no case shall aircraft washing be conducted within fifty (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.
Section 2-11. Airport perimeter road.
The airport perimeter road shall only be used by authorized vehicles with appropriate signage
as determined by the airport manager, which include all airport administration vehicles,
governmental vehicles, and other vehicles with prior written approval from the airport manager.
Section 2-12. Smoking areas.
No smoking shall be permitted:
(a) Airside
(b) Within fifty (50) feet of an aircraft, fuel truck and/or fuel storage area;
Airport Rules and Regulations Page 11 December 11, 20 19
(c) Where specifically prohibited by the city.
Section 2-13. Restricted areas.
(a) No person shall enter the airside area, except as necessary for the lawful use of an aircraft
thereon, or to conduct a permitted business activity and with the consent of the airport
manager.
(b) No person shall enter any area posted as being closed to the public, except with the consent
of the airport manager.
(c) No person shall enter into, remain in or place in, or remove any object from , any hangar,
or other building at the airport without prior written consent of the city or the person with
the legal right of possession of such building.
Section 2-14. Access codes/devices.
Persons who have been provided either a code or device for the purpose of obtaining access to
the airport shall only use airport-issued codes/devices and shall not divulge , duplicate, or otherwise
distribute the same to any other person, unless otherwise approved in writing by the airport
manager. Vi olation of the aforementioned regulation may result in the loss of access privileges
pursuant to chapter 3 of the Code of Ordinances.
Section 2-15. Self-services.
(a) Persons are permitted to fuel, wash, repair, or otherwise service their own based aircraft,
provided there is no attempt to perform such services for others and further provided that
such right is conditioned upon compliance with these regulations and all applicable laws.
(b) An aircraft owner may hire an individual to provide, under the direction and supervision
of the aircraft owner, services only on the owner's based aircraft. Such services may only
be provided by a direct employee of the aircraft owner or a technical specialist.
Section 2-16. Aircraft maintenance.
Major aircraft alterations and repairs or activities associated with amateur-built aircraft are
prohibited on the airport except in hangars, where it can be demonstrated that the area of aircraft
maintenance is equipped with fire protection, oil/water interceptors into the sanitary sewer system,
or other preventative measures are taken as approved by the airport manager and fire department,
and are conducted by a person holding a valid airport business permit for such activity or the owner
of the amateur-built aircraft.
Section 2-17. Maintenance ofpremises.
All persons using the airport shall maintain their premises in a condition of repair, cleanliness
and general maintenance equal to that maintained by the city in comparable areas. All persons
Airport Rules and Regulations Page 12 December 11 , 20 19
having possession, control or use of any portions of the airport shall at all times maintain such
premises in clean, serviceable, safe and operable condition and repair.
Section 2-18. Floor and apron care.
All tenants on the airport shall keep the floors of hangars and tiedowns leased by them, or used
in their operations, clean and clear of fuel, oil, grease and other similar materials.
Section 2-19. Waste containers and disposal.
All airport tenants, users, or visitors shall dispose of all waste in the appropriate waste
containers. Types of waste containers and the location of waste accumulation areas shall be
designated by the airport manager and no other containers or areas shall be used. Containers for
recyclable materials shall be used in strict accordance with the rules posted for such use. Waste
water shall not be disposed of in storm water drainage or dirt/grass areas under any circumstances.
Waste water may be disposed of in sanitary sewer or sink drains, unless the waste water contains
petroleum or hazardous materials or hazardous waste. No petroleum products, industrial waste
matter, batteries, or other hazardous materials shall be dumped or otherwise disposed of except in
accordance with local, county, state and federal law, including, but not limited to, the Texas
Hazardous Waste Management Act, the Resource Conservation and Recovery Act, 42 U.S.C. §
6901 et seq., the Toxic Substances Control Act, 15 U.S.C. § 2601 et seq., and the Comprehensive
Environmental Response , Compensation and Liability Act, 42 U.S.C. § 9601 et seq. Any
hazardous waste shall be the responsibility of the originator under all applicable law.
Section 2-20. Storage.
No person shall store or stock materials, equipment, or disabled aircraft outside a hangar or
building.
Section 2-21. Storage, transfer and cleanup charges.
Pursuant to chapter 3 of the Code of Ordinances the city may remove and impose storage,
removal and transfer charges upon any property unlawfully located at the airport. The city may
clean up any material unlawfully spilled, placed or otherwise deposited at the airport and may
charge the responsible person(s) for the cost of the cleanup, any required environmental
remediation, and any expenses incurred by, or fines or damages imposed on, the city as a result
thereof.
Section 2-22. Model aircraft, kites, fireworks, etc.
No person shall fly or release a model aircraft, rocket, kite, fireworks, balloon, parachute, etc.,
within two (2) miles of the airport if such activity would create a hazard to aircraft operations, or
as otherwise determined by the airport traffic control tower or the airport manager.
Airport Rules and Regulations Page 13 December 11, 20 19
Section 2-23. Commercial photography.
No person shall take still, motion or sound pictures of, or at, the airport for commercial
purposes without first receiving a duly-authorized film permit from the city, written approval from
the airport manager, and paying the appropriate fee(s).
Section 2-24. Advertisements.
No person shall post, distribute or display signs, advertisements, circulars, printed or written
matter at the airport without written permission from the airport manager.
Section 2-25. Animals.
No person shall enter the airport with a dog or other animal unless restrained by a leash or
properly confined as determined by the airport manager. No person in charge of a dog or other
animal shall permit the animal to wander unrestrained on any portion of the airport.
Section 2-26. Firearms, explosives, etc.
(a) No person, except a sworn law enforcement officer, member of the Armed Forces of the
United States on official duty, or persons holding a valid concealed carry weapons permit
pursuant to Texas Administrative Rules R13-9-1 01 through R13 -9-113., shall possess any
firearms on the airside , except firearms that do not contain live ammunition, are in an
enclosed case, and are intended for immediate transport off the airport.
(b ) No person, except a sworn law enforcement officer or member of the Armed Forces of the
United States on official duty shall possess any firearms in the terminal building pursuant
to Texas Administrative Rules R13-9-101 through RB-9-113., except firearms that do not
contain live ammunition, are in an enclosed case , and are intended for immediate transport
off the airport.
(c) No person, except a sworn law enforcement officer or member of the Armed Forces of the
United States on official duty, shall possess any explosives on the airport.
(d) No person, other than those in the above-excepted classes, shall store, keep , handle , use,
dispense or transport at, in, or upon the airport any class A or class B explosives , any
radioactive substance or material (except for minimum amounts of radioactive substances,
such as radioactive paint illuminating instrument dials), without prior written authorization
from the airport manager.
Section 2-27. Disorderly conduct, intoxicating liquors, etc.
(a) No person shall:
1. Commit any disorderly, obscene or unlawful act or commit any nuisance on the airport.
2. Drink any intoxicating liquor upon any portion of the airport open to the public, except
in such restaurant facilities as may be lawfully established or other place as shall be
Airport Rules and Regulations Page 14 December 11, 2019
properly designated and licensed for on-sale liquor dispensing by the county or for the
purpose of a special event that has received a special event permit where alcohol has
been approved by the city.
3. Become intoxicated on any portion of the airport.
(b) No intoxicated person shall enter upon or loiter on or about the airport, any of it facilities ,
or any city-owned property.
Section 2-28. Property damage, injurious or detrimental activities.
No person shall destroy, deface, injure or disturb in any way airport property or conduct at the
airport activities that are injurious, detrimental or damaging to airport property or to activities and
business of the airport . Any person causing, or liable for any damage shall be required to pay the
city on demand the full cost of repairs. Any person failing to comply with this section shall be in
violation of these regulations and may be refused the use of any airport facility until the city has
been fully reimbursed for damage done.
Section 2-29. Alteration of airport property.
No person shall make any alterations to any signs, buildings, aircraft parking and storage areas,
leased areas or other airport property, nor erect any signs, buildings or other structures without
prior written permission of the airport manager. Any construction on the airport must be approved
in writing by the airport manager. Such persons shall comply with all building codes and permit
procedures of the city and shall de li ver to the airport manager as-built plans upon completion .
Section 2-30. Lost articles.
Any person finding lost articles in public areas of the airport shall immediately deposit them
at the office of the airport manager or, if after normal business hours, with an airport staff member
or security officer on duty at the airport. Articles unclaimed after thirty (30) calendar days may
be turned over to the finder or otherwise disposed of in a legal manner.
Section 2-31. Abandoned property.
No person shall abandon any property on airport property or in any building on the airport.
Section 2-32. Temporary permits.
(a) Notwithstanding any rules and regulations to the contrary , the airport manager shall have
authority to issue temporary permits and to establish procedures related thereto. A
temporary permit shall only be issued when in the best interests of the City and when
issuance will not adversely affect the public health , safety and general welfare.
Airport Rules and Regulations Page 15 December 11 , 20 19
ARTICLE 3 AIRCRAFT RULES
Section 3-1. Landing and takeoff of aircraft.
(a) Except in an emergency, all fixed wing aircraft landings and takeoffs shall be made on the
runway.
(b) No aircraft shall make a one-hundred eighty (180) degree tum after landing on a runway
unless instructed to do so by the airport traffic con trol tower.
(c) Landing aircraft shall clear the runway as soon as practical, consistent with safety, taxiing
ahead to the nearest tum-off.
(d) Except in an emergency, no rotorcraft equipped with skid-type landing gear shall perform
run-on landings or any other maneuver that would cause the skids to slide upon the runway
surface.
Section 3-2. Aircraft wingspan restrictions.
Aircraft operators shall operate at their own risk in areas where the aircraft's wingspan exceeds
the maximum approved wingspan designation for that area as specified by the airport manager or
as published.
Section 3-3. Traffic patterns and noise abatement procedures.
(a) Arrivals and departures to and from the airport shall avoid flight over populated,
residential, or noise sensitive areas whenever possible, consistent with safety.
(b) Operators are requested to use NBAA standard noise abatement departure procedures.
Section 3-4. Traffic pattern altitudes.
Traffic pattern altitude above ground level (AGL) for all aircraft operations at the airport is
eight hundred (800) feet (AGL).
Section 3-5. Qual~fica tions to operate aircraft.
Operators of aircraft en ter ing or leaving the traffic pattern of the airport or using the movement
area for the purpose of landing, or taking off shall be holders of a valid , current pilot certificate
with rating appropriate to the type of aircraft operated and conditions under which they are
operating. Reciprocal certificates issued by foreign governments are acceptable if accepted by the
Federal Aviation Administration .
Section 3-6. Disabled aircraft.
Aircraft owners and pilots shall be responsible for the immediate removal of disabled aircraft
and parts thereof, unless required or directed by the airport manager or the Federal Aviation
Administration to delay such action pending an investigation of an accident. If in the determination
Airport Rules and Regulations Page 16 December 11, 20 19
of the airport manager, the disabled aircraft presents an operational or safety concern in any area
of the airport, the airport manager may cause the aircraft, at the owner's/operator's expense, to be
moved by a representative of a fixed base operator or other 3rd party. The city shall not be liable
for any damages which may result from the relocation of the aircraft.
Section 3-7. Negligent operation of aircraft.
No aircraft shall be operated within the city in a careless, negligent or reckless manner, or in
disregard of the rights and safety of oth ers , or in an unmaintained or otherwise hazardous
condition, or without due caution and circumspection, or while any person controlling the aircraft
would be prohibited by law from operating an automobile on the public streets with the city due
to alcohol or drug influence or impairment, or at a speed or in a manner which endangers, or is
likely to endanger, persons or property.
Section 3-8. Required aircraft equipment.
No aircraft shall land or take off at the airport unless it is equipped with brakes and a
functioning radio capable of direct two-way communications with the air traffic control tower,
except in the case of an emergency or with prior consent of air traffic control.
Section 3-9. Motorless aircraft.
No motorless aircraft may land or take off at the airport without prior written permission ofthe
airport manager and having complied with all sections ofF AR Part 103.
Section 3-10. Running of aircraft engines.
Aircraft engines shall only be run at idle except as may be necessary for safe taxiing operations,
taking off, landing, preflight testing, and maintenance testing. All engine run-ups for maintenance
testing purposes shall be performed in accordance with section 3-11 of these regulations. At no
time shall an aircraft 's engine(s) be operated while the aircraft is in a hangar.
Section 3-11. Aircraft engine run-ups.
All aircraft maintenance and preflight engine run-ups shall be conducted in the appropriate
run-up areas.
Section 3-12. Exhaust and propeller blast.
No aircraft engine shall be started or aircraft taxied where the exhaust or propeller blast may
cause injury to persons or do damage to property or spread debris on the airside area.
Section 3-13. Taxiing of aircraft.
No person shall taxi an aircraft without first taking all necessary precautions to prevent a
collision with other aircraft, persons or objects. Aircraft shall not be taxied into or out of any
hangar, or other covered area. No person shall taxi an aircraft except on areas designated for
Airport Rules and Regulations Page 17 December 11 , 20 19
taxiing. If it is impossible to taxi aircraft in compliance with this section, then the engine must be
shut off and the aircraft towed to the new location.
Section 3-14. Common air traffic advisory frequency.
During hours when the airport traffic control tower is not in operation, aircraft operators shall
utilize the common air traffic advisory frequency, 119.95 MHz, to broadcast their intentions and
operate the pilot controlled lighting system as provided in the Aeronautical Information Manual
(AIM) Official Guide to Basic Flight Information and A TC Procedures.
Section 3-15. Aircraft accident reports.
Any 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.
Section 3-16. Refusal of clearance or use.
The airport manager may delay or restrict any flight or other operations at the airport and may
refuse takeoff or landing clearance to any aircraft for any reason believed to be justifiable.
Section 3-17. Interfering or tampering with aircraft.
No person shall interfere or tamper with any aircraft or put in motion the engine of such aircraft,
or use any aircraft, aircraft parts, instruments or tools without permission ofthe owner, or under
the specific direction of the airport manager in an emergency.
Section 3-18. Aerobaticjlying.
No person shall conduct aerobatic flying over any portion of the city, unless in conjunction
with a city approved airshow or event.
Airport Rules and Regulations Page 18 December 11, 20 19
ARTICLE 4 VEHICLES, PEDESTRIANS, ETC.
Section 4-1. General 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) Vehicles shall only be operated airside in a manner that complies with these regulations.
1. No person shall operate airside without an approved driver perm it for that vehicle
operator or;
2. A person without an approved dri ver permit shall be permitted to operate a vehicle
airside while being monitored by a business or facility that has a vehicle control plan
which has been approved by the airport manager. The vehicle control plan shall
include , but is not limited to , procedures for physical presence, physical barriers , visual
examination, and verbal or written instructions .
(b) Vehicles shall access all airport facilities and businesses from the lands ide public parking
areas for said facility or business.
(c) Vehicles shall obtain access to , and depart from, aircraft parking and storage areas via the
gate specified in the driver permit.
(d) When a gate is out-of-service, vehicles shall access a secondary gate as specified by the
out-of-service notification.
(e) Vehicles shall yield right of way to aircraft in motion and emergency vehicles.
(f) No v ehicles shall operate in a careless, negligent or reckless manner nor pass closer than
fifty (50) feet to the rear of taxii ng aircraft.
(g) No vehicles shall operate 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.
(h) All vehicles , upon entering or exiting an airport access gate, shall 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 .
Section 4-2. Licensing, registration and insurance.
(a) No person shall operate a vehicle of any kind on the airport without a current motor vehicle
operator's license.
(b) All vehicles shall maintain the appropriate type and amount of vehicle liability insurance
required by state law.
Airport Rules and Regulations Page 19 December 11 , 2019
Section 4-3. Control of vehicles.
No person shall operate or park a vehicle at the airport in a manner prohibited by signs ,
pavement marking s, or other signals posted by the city 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 airs ide area.
Section 4-4. Speed limits.
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.
Section 4-5. Vehicles operating in the movement area.
(a) No vehicle shall be operated in the movement area unless so authorized in writing by the
airport manager.
(b) Any vehicle authorized to operate in the movement area shall 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 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.
Section 4-6. Authority to remove vehicles.
The airport manager may cause to be removed from any area of the airport any vehicle which
is disabled , abandoned, parked in violation of these regulations, or which presents an operational
problem to any area ofthe airport, at the operator's expense and without liability for damage which
may result in the course of such movement.
Section 4-7. Bicycles, scooters and miscellaneous vehicles.
No person shall use airside any 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 city vehicles or vehicles used solely for tugging,
marshaling, or refueling aircraft. On a case-by-case basis , and with the prior written approval of
the airport manager, bicycles or other modes of transportation may be used on the airport.
Airport Rules and Regulations Page 20 December II , 20 I9
Section 4-8. Motor homes, boats, recreational vehicles, and trailers.
Motor homes, boats, recreational vehicles, and 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.
Section 4-9. Vehicle accidents.
T he 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 caring of the person to a physician, surgeon or hospital for medical or surgical
treatment if it is apparent that treatment is necessary or if the caring is requested by the injured
person; and give his name, address and operator's license and registration number to the person
injured, the airport manager and to any police officer or witnesses of the accid e nt. 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.
Section 4-10. Careless operation, driving while intoxicated, etc.
No 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 pub lie
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 operating headlights, 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.
Section 4-11. Parking restrictions.
(a) No person shall park or leave any vehicle standing, whether occupied or not, except within
a designated parking area.
Airport Rules and Regulations Page 21 December 11, 20 19
(b) Aircraft owners, operators, and guests shall only park their vehicle in the aircraft storage
area when the aircraft is not present.
(c) Vehicles parked in an aircraft storage area shall be parked in a manner so as to be
completely contained in the aircraft storage space and not obstruct adjacent aircraft parking
and storage areas, or t axi lanes unless for the purposes of immediate and temporary loading ,
unloading, or staging of an aircraft .
Section 4-12. 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.
Section 4-13. 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.
Section 4-14. Pedestrians soliciting rides.
No person shall solicit aircraft rides from any area of the airport.
Section 4-15. 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. 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 .
Section 4-16. Airport Security.
The owner/operator or any facility located on the airport perimeter shall at all times
maintain and comply with an airport facility security plan that has been approved by the airport
manager.
Airport Rules and Regulations Page 22 December 11 , 2019
ARTICLE 5 FuELING, FLAMMABLE FLUIDS, AND SAFETY
Section 5-J. Fuel safety.
All transportation , storage and other handling of aircraft and vehicle fuel shall comply with the
Uniform Fire Code, as amended, the National Fire Protection Association's codes and standards ,
as amended , FAA Advisory Circular 150/5230-4 , as amended, all requirements of these
regulations , and all other applicable law.
Section 5-2. Unauthorized fuel possession and storage.
Except as expressly permitted by these regulations, no person shall possess fuel at the airport.
Section 5-3. Storage of aircraft fuel trucks, trailers and other aircraft refueling devices.
(a) Aircraft refueling vehicles, other moveable aircraft fuel containers and refueling devices
shall be stored outside and not less than fifty (50) feet from a building or such other distance
as shall be approved by airport manager and city fire department.
(b) Aircraft refueling vehicles shall be parked in a manner that provides a minimum often (10)
feet of separation between said vehicles and any other vehicle or aircraft refueling device.
(c) No aircraft refueling vehicle , aircraft fuel container, or other aircraft refueling device ,
empty or otherwise , shall be brought into, kept or stored within any building at the airport
unless the building is used exclusively for that purpose. This section does not apply to
vehicle fuel cans with a capacity of not more than five (5) gallons, provided no more than
one (1) such can may be located within a single vehicle , and not more than two (2) such
cans in any hangar.
Section 5-4. Aircraft fueling locations.
All aircraft fueling/defueling shall be performed outdoors. Aircraft being fueled/defueled shall
be positioned so that aircraft fuel sy stem vents or fuel tank openings are not closer than twenty-
five (25) feet from any building or hangar unless otherwise approved by the airport manager and
city fire department.
Section 5-5. Maintenance of fuel servicing vehicles.
Maintenance and servicing of aircraft fuel servicing vehicles shall be performed outdoors or in
a building approved for that purpose by the fire department.
Section 5-6. Open flame.
There shall be no open flames in the airside area , within fifty (50) feet of any aircraft, fuel
truck, and/or fu e l storage area, or where specifically prohibited by the city unless otherwise
approved by the airport manager and city fire department. The category of open flames and lighted
open-flame devices shall include, but shall not be limited to, the following:
Airport Rules and Regulations Page 23 December 11 , 20 19
(a) Exposed flame heaters, liquid, solid or gaseous devices, including portable and wheeled
gasoline or kerosene heaters and gas or charcoal grills;
(b) Heat-producing, welding , or cutting devices and blowtorches;
(c) Flare pots or other open-flame lights.
Section 5-7. Environmental spills and removaL
Persons shall not fuel an aircraft in a manner that overfills the tank(s) or causes the tank(s) to
leak fuel through its vent, and/or dumping fuel. In the event of spillage or dripping of gasoline ,
oil, grease or any material that may be unsightly or detrimental to the airport, the same shall be
removed immediately and the incident reported to the airport manager within two (2) hours. The
responsibility for the immediate removal of such gasoline, oil , grease or other material shall be
assumed by the operator or owner of the equipment causing the same or by the tenant or
concessionaire responsible for the deposit. In the event of such spillage, and the failure of the
operator or owner to restore the area to its o riginal safe and environmentally sound status , the city
may clean up any material unlawfully spilled, placed or otherwise deposited at the airport and may
charge the responsible person(s) for the cost of the cleanup, any required environmental
remediation, and any expenses incurred by, or fines or damages imposed on, the city as a result
thereof.
Section 5-8. Lubricating oils.
A total of sixty (60) gallons of lubricating oils which are necessary for aircraft maintenance
and have a flash point at or above one-hundred (1 00) o F , may be stored in hangars or other suitable
storage devices as approved by the airport manager, provided they are stored in their original
container and have original manufacturer's labeling.
Section 5-9. Use of waste oil stations.
Waste oil stations shall be used solely for the disposal of waste aircraft engine oil , and for the
exclusive use of non-commercial general aviation tenants. No person shall place any vehicle
engine oil, solvents, cleaners, antifreeze, or any other material or substance in the receptacle. Any
person violating this section shall be responsible for all charges incurred during the proper disposal
of such waste. Waste oil stations shall be used in accordance with the rules posted at the station.
Section 5-10. Fire extinguishers.
(a) A ll tenants , lessees , licensees and permittees shall supply and maintain such adequate and
readily accessible fire extinguishers as may be required by the city fire department. Each
fire extinguisher shall carry a suitable tag showing the date of most recent inspection .
(b) At least two (2) fire extinguishers, each having a rating of at least 20-BC , shall be available
for use in connection with aircraft fuel handling operations.
Airport Rules and Regulations Page 24 December 11, 2019
Section 5-11. Fuel storage tanks.
Subject to the other requirements of these regulations , a person may possess fuel within a fuel
storage tank constructed , operated and maintained in all respects as required by federal , state,
county, and local law.
(a) Fuel so stored may be dispensed into any aircraft if operated and maintained by a fixed
base operator in accordance with the Airport Minimum Operating Standards.
(b) Fuel so stored in any other fuel storage tank must meet the following:
a. Be a minimum of a 1 0,000 gallon tank.
b. Submit fuel flowage fees as indicated in the Airport Rates and Fees Schedule.
c. Guarantee a minimum of 96,000 gallons per full or prorata share of the fiscal
year (October 1st -September 301h). Failure to meet the 96,000 gallons will
result an invoice for the balance of the minimal annual guarantee gallons
multiplied by the fuel flowage fee indicated in the Airports Rates and Fees
Schedule. This provision was originally adopted in Ordinance 2008-12 9 on
June 17, 2008, thus does not apply to fuel storages tanks install prior to the
adoption.
d. Meet the fueling safety, training, and insurance requirements for commercial
operators indicated in the Airport Minimum Operating Standards.
Section 5-12. Moveable fuel storage tanks.
Unless otherwise approved by the airport manager moveable fuel storage tanks are prohibited
at the airport except for:
(a) Fuel trucks constructed , operated and maintained in all respects as required by law.
(b) Permanent fuel tanks in an operable aircraft.
(c) Tanks not exceeding one (1) gallon capacity used solely for sampling and testing fuel ,
engines and fuel handling apparatus.
(d) No more than one (1) tank with a capacity of not more than fifty-five (55) gallons used by
a person to fuel his own aircraft pursuant to a self-fueling permit.
(e) Tanks lawfully transporting fuel for immediate dispensing into a fuel storage tank
permitted by the city. Such vehi cles shall access the airport at a point approved by the
airport manager and remain under escort by a representative of the company receiving the
fuel.
Airport Rules and Regulations Page 25 December 11 , 2019
Section 5-13. Self-fueling.
Except as may be prohibited by other provisions of these regulations and any other applicable
law, owners of a based aircraft that desires to self-fuel their aircraft, shall apply for and receive a
self-fueling permit from the airport manager. The preceding sentence does not apply to the use of
a self-service fuel facility provided by a fixed base operator.
Section 5-14. Vehicle fuel.
No person shall possess vehicle fuel on the airport except:
(a) Within the permanently installed fuel tank of a vehicle for use only by that vehicle;
(b) Within a moveable container designed for storage of vehicle fuel and having a capacity of
not more than five (5) gallons. No more than one (1) moveable container containing
vehicle fuel shall be located in a single vehicle. No more than two (2) such containers shall
be located in any hangar. No such containers shall be located in a city-owned rental hangar.
(c) Within above ground storage tanks with a capacity of not more than two-thousand (2,000)
gallons, lawfully installed and maintained in accordance with section 5-1 .
Section 5-15. Fueling of non-aviation vehicles.
Fueling of boats, motor homes, ATV s or other recreational vehicles is prohibited in the airs ide
area.
Airport Rules and Regulations Page 26 December 11, 20 19
EXHIBITC
Denton Enterprise Airport
AIRPORT ADMINISTRATION OFFICE
5000 AIRPORT RD .
DENTON,TEXAS76207
(940) 349-7736
DTO
AIRPORT MINIMUM OPERATING STANDARDS
DENTON
November 13 , 2019
REVISIONS
REVISION No. SECTION
Airport Minimum Operating Standards Pagei November 13,2019
Table of Contents
TABLE OF CONTENTS ...•...•..••............••....................................•.....•............•.......•.•....•........ II
ARTICLE 1 DEFINITIONS; APPLICATION; WAIVER ........................................................... !
Section 1-1. Definitions .................................................................................................. 1
Section 1-2. Application of minimum operating standards ............................................ !
Section 1-3. Multiple activities by one commercial airport operator ............................. 1
Section 1-4. Activities not covered by minimum operating standards ........................... !
Section 1-5. Waiver or modification of standards .......................................................... 2
ARTICLE 2 APPLICATION PROCESS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 3
Section 2-1. Applications ................................................................................................ 3
Section 2-2. Processing; denial ....................................................................................... 4
Section 2-3. Appeal Process ........................................................................................... 5
ARTICLE 3 GENERAL CONTRACTUAL PROVISIONS ••••••••••••••••••••••••••••••••••••••••••••••••••••••••••• 6
Section 3-1. General Provisions ...................................................................................... 6
ARTICLE 4 INSURANCE .............•..•.....•........•...•..............•............•....................................... 7
Section 4-1. General insurance requirements ................................................................. 7
Section 4-2. Additional or modified insurance required by city's risk manager ............ 8
Section 4-3. Form; acceptance by city ............................................................................ 8
ARTICLE 5 GENERAL OPERATIONAL REQUIREMENTS ••••••••••••••••••••••••••••••••••••••••••••••••••••• 9
Section 5-l . Airport rules and regulations ...................................................................... 9
Section 5-2. Taxiway access ........................................................................................... 9
Section 5-3. Right-of-entry reserved .............................................................................. 9
Section 5-4. Rates and charges ....................................................................................... 9
Section 5-5. Personnel, subtenants and invitees ............................................................. 9
Section 5-6. Interference with utilities and systems ....................................................... 9
Section 5-7. Fire equipment. ........................................................................................... 9
Section 5-8. Vehicle Identification ............................................................................... ! 0
Section 5-9. Indemnification ......................................................................................... ! 0
ARTICLE 6 FIXED BASE 0PERATORS ............................................................................... 11
Section 6-1. Statement of concept ................................................................................ 11
Section 6-2. Land and facility requirements .................................................................. 11
Section 6-3 . Hours of operation .................................................................................... 12
Section 6-4. Subcontracting services; restrictions ........................................................ 12
Section 6-5. Minimum requirements of FBO services ................................................. 12
Section 6-6. Insurance ................................................................................................... 14
Section 6-7. Airport fees ............................................................................................... 14
ARTICLE 7. GENERAL AVIATION SPECIALTY SERVICES ••••••••••••••••••••••••••••••••••••••••••••••••• IS
Section 7-1. Hangar leasing services ........................................................................... .15
Section 7-2. Aircraft sales services ............................................................................... 15
Airport Minimum Operating Standards Page ii November 13,2019
Section 7-3. Aircraft maintenance and repair services ................................................. 16
Section 7-4. Aircraft leasing or rental services ............................................................. l7
Section 7-5. Flight training services ............................................................................ .17
Section 7-6. Specialized aircraft repair services ........................................................... 17
Section 7-7. Aircraft charter services ........................................................................... 18
Section 7-8. Specialized commercial flying services ................................................... 19
Section 7-9 . Aircraft management services .................................................................. 19
Section 7-10. Mobile aircraft washing services ........................................................... .20
Section 7-11. Mobile aircraft maintenance and repair services .................................... 21
Section 7-12. On-Airport Rental Car Concession Services .......................................... 22
Section 7-13. Flying clubs ............................................................................................ 22
Airport Minimum Operating Standards Page iii November 13 ,2019
Article 1 Definitions; Application; Waiver
Section 1-1. Definitions.
All definitions contained in chapter 3 of the Denton Code of Ordinances and the airport
rules and regulations are incorporated by reference into these minimum operating stand-
ards. For purposes of these minimum operating standards, all references to the "rules and
regulations" are to the airport rules and regulations.
Section 1-2. Application of minimum operating standards.
All persons conducting commercial aeronautical activities at the airport (hereinafter
referred to as commercial airport operator), shall, as a condition of conducting such activ-
ities, comply with all applicable requirements concerning such activities as set forth in
these minimum operating standards and any amendments thereto. The requirements set
forth herein are the minimum standards which are applicable to persons conducting com-
mercial aeronautical activities at the airport and all persons are encouraged to exceed such
minimum standards in conducting their activities. These minimum operating standards
shall be deemed to be a part of each commercial airport operator's lease , licens e. permit or
agreement with or from the city unless any such provisions are waived or modified by the
city pursuant to section 1-5. The mere omission of any particular standard from a com-
mercial airport operator's written lease, license, permit or agreement with the city shall not
constitute a waiver or modification of such standard in the absence of clear and convincing
evidence that the city intended to waive or modify such standard.
Section 1-3. Multiple activities by one commercial airport operator.
Whenever a commercial airport operator conducts multiple activities pursuant to one
lease, license, permit or agreement with the city, such commercial airport operator must
comply with the minimum standards set forth herein for each separate activity being con-
ducted. If the minimum standards for one of the commercial airport operator's activities
are inconsistent with the minimum standards for another of the commercial airport opera-
tor 's activities, then the minimum standards which are most beneficial to the city, and/or
which are most protective of the public's health, safety and welfare, shall apply.
Section 1-4. Activities not covered by minimum operating standards.
Any activities for which there are no specific minimum standards set forth herein shall
be subject to such standards and provisions as are developed by the airport manager on a
case-by-case basis and set forth in such commercial airport operator's written lease, li-
cense, permit or agreement with or from the city and shall pay a fee in accordance with the
Airport Rates and Fees Schedule.
Airport Minimum Operating Standards Page 1 November 13,2019
Section 1-5. Waiver or modification of standards.
The airport manager may waive or modify any portion of these minimum operating
standards for the benefit of any governmental agency performing non-profit public ser-
vices, fire protection or fire-fighting operations. The city manager or designee may waive
or modify any portion of these minimum operating standards for any person when it is
determined that such waiver or modification is in the best interest of the city and will not
result in unjust discrimination among commercial airport operators at the airport.
Airport Minimum Operating Standards Page2 November 13,2019
Article 2 Application Process
Section 2-1. Applications.
Any person who desires to conduct any commercial aeronautical activities at the airport
covered by these minimum operating standards shall, prior to conducting such activities,
submit an Airport Business Permit application to, and receive approval thereof, from the
airport manager. In addition to the following requirements, the airport manager may re-
quire the app licant to provide additional information which is necessary to ensure compli-
ance with the Denton Code of Ordinances, rules and regulations , and/or these minimum
operating standards. The applicant shall, at minimum, submit the following documentation
with the above-referenced application:
(a) A detailed description of the scope of the intended operations , including all services
to be offered;
(b) The amount of land, office space, and/or aircraft storage areas required for the op-
eration;
(c) A detailed description of any improvements or modifications to be constructed or
made to airport property, including cost estimates and a construction timetable, if
applicable;
(d) The proposed hours of operation;
(e) Documentation of the applicant's financial capabilities to construct any improve-
ments and to conduct any proposed activities;
(t) One ofthe following:
1. If the applicant is a corporation, a copy of the articles of incorporation as filed
with the Corporation Commission;
2. If the applicant is a limited liability company, a copy of the articles of organi-
zation filed with the Corporation Commission;
3. If the applicant is a limited partnership, a copy of the certificate of limited part-
nership filed with the Secretary of State; or
4. If the applicant is a general partnership, a copy of the written partnership agree-
ment;
(i) An original copy of a certificate of insurance, in the amounts outlined hereunder,
naming the city as an additional insured;
G) A copy of a lease/sublease or other agreement with the city or a bona fide airport
tenant;
Airport Minimum Operating Standards Page 3 November 13,2019
(k) A copy of the applicant 's State of Texas Sales and Use Tax Permit;
(l) A rates and charges schedule of aJJ services to be conducted at Denton Enterprise
Airport; and
(m) Copies of applicable Federa l Aviation Administration (FAA) certificates.
Section 2-2. Processing; denial.
The airport manager, in accordance with Denton Code of Ordinances section 3-121 ,
shall be responsible for processing an application for a lease , license, permit or agreement
to conduct activities at the airport. An y lease, license, permit or agreement not meeting the
criteria outlined in Denton Code of Ordinances section 3-121 is subject to the approval of
the airport advisory commission and the city council. The airport manager may deny any
application if the airport manager determines that:
(a) T he applicant does not meet the qualifications and standards set forth in chapter 3
of the Denton Code of Ordinances , the rules and regulations, or these minimum
operating standards;
(b) The proposed activities are likely to create a safety hazard at the airport;
(c) The activities will require the city to expend funds, or to supply labor or materials
as a result of the applicant's activities , or will result in a financial loss to the airport ;
(d) No appropriate space or land is available to accommodate the proposed activities ;
(e) The proposed activities are not consistent with the airport 's master plan and/or air-
port layout plan ;
(f) The proposed activities are likely to result in a congestion of aircraft or buildings,
a reduction in airport capacity, or an undue interference with airport operations or
the operations of any existing airport users at the airport ;
(g) The applicant or any of its principals has knowingly made any false or misleading
statements in the course of applying for a lease , license , permit or agreement;
(h) The applicant or any of its principals has a record of violating chapter 3 of the
Denton Code of Ordinances , the rules and regulations , these minimum operating
standards, federal aviation regulations or any other applicable laws , ordinances ,
rules or regulations;
(i) The applicant does not have the technical capabilities or experience or financial
re sources to properly conduct the proposed activities ;
G) The applicant has not submitted appropriate documentation supporting the pro-
posed activity as outlined in section 2-1.
Airport Minimum Operating Standards Page4 November 13,2019
Section 2-3. Appeal Process.
The applicant shall have the ability to appeal the denial of an application by the airport
manager, subject to the following provisions:
(a) Providing written notice of appeal to the airport manager within ten (10) days of
said denial.
(b) The notice of appeal will be forwarded to the airport appeals board for review.
(c) Applicant shall be notified in writing of the date of the scheduled appeal review.
(d) Applicant shall be present at the appeal review to justify the applicant's application.
If applicant is not present, the airport manager 's denial shall remain unchanged.
(e) The airport appeals board shall take comments from the applicant and the airport
manager.
(f) The airport appeals board shall render its decision in writing within ten (1 0) calen-
dar days of the conclusion of the hearing and the decision shall be final as to the
denial or approval of the application.
Airport Minimum Operating Standards PageS November 13 , 2019
Article 3 General Contractual Provisions
Section 3-1. General Provisions.
Except as otherwise provided in chapter 3 ofthe Denton Code of Ordinances , all leases ,
licenses , permits or agreements with the city which affect the airport are subject to the
following provisions:
(a) Rights to engage in specific activities at the airport are non-exclusive.
(b) Defense and indemnification of the city and its elected or appointed officials, offic-
ers , representatives, directors, commissioners, agents and employees from and
against all damages , claims, suits, actions, losses and expenses (including court
costs and reasonable attorney's fees) for personal injury or death or for property
damage or loss arising out of the use of the airport;
(c) A termination clause allowing the city to terminate the commercial airport opera-
tor's lease, license , permit or agreement no later than thirty (30) days after notice
of default is given to the commercial airport operator if the commercial airport op-
erator fails to cure its default within the thirty (30) day period , and allowing the city
to terminate the lease, license, permit or agreement immediately if the commercial
airport operator fails to maintain the required insurance.
(d) No improvements or modifications to airport property without the prior written
consent of the city and without posting appropriate payment and performance
bonds. Before commencing any improvements or modifications , the commercial
airport operator shall submit detailed construction plans and specifications to the
city. Upon completion of the construction, the commercial airport operator shall
provide the city with two (2) complete sets of detailed plans and specifications of
the work as completed. All improvements or modifications made to airport prop-
erty shall become the property of the city , at no cost to the city , upon termination
ofthe commercial airport operator's lease, license, permit or agreement.
(e) No lease , license , permit, agreement, or any rights thereunder, shall be assigned
without the prior written consent of the city. The airport manager may require any
potential assignee to submit biographical and financial information at least thirty
(30) days prior to a proposed assignment.
(f) All structures must have a city-issued certificate of occupancy identifying approved
uses prior to commencing commercial activities.
(g) All FAA required provisions.
Airport Minimum Operating Standards Page6 November 13,2019
Article 4 Insurance
Section 4-1. General insurance requirements.
Except as otherwise provided in article 6 or article 7, each commercial airport operator
shall at all times maintain in effect the following types and minimum amounts of insurance
as applicable to the business to be conducted:
(a) Commercial General Liability insurance in the amount of $1,000,000 per occur-
rence and $2,000,000 annual aggregate. Such insurance shall contain contractual
liability insurance covering applicable leases, licenses, permits, or agreements, and
products-completed operations coverage.
(b) Commercial/business automobile liability insurance for all owned, non-owned and
hired vehicles assigned to or used in performance of commercial aeronautical ac-
tivities in the amount of a least $1 ,000,000 per occurrence. If any hazardous mate-
rial, as defined by any local, state or federal authority, is the subject, or transported,
in the performance of this contract, am MCS 90 endorsement is required providing
$5,000,000 per occurrence limits of liability for bodily injury and property damage.
(c) Special Causes of Loss/All Risk Property Form covering all improvements and fix-
tures on the commercial airport operator's premises in an amount not less than the
full replacement cost thereof, to the extent of the commercial airport operator's in-
surable interest in the premises.
(d) Worker's compensation insurance as required by law and employers liability insur-
ance in the amount of $100,000 per accident, $100,000 disease per person,
$500 ,000 disease policy limit.
(e) Aircraft liability insurance in the amount of at least $1 ,000 ,000 per occurrence sin-
gle limit Bodily Injury and Property Damage Liability including Passenger Liabil-
ity in amount not less than $100,000 per person (per passenger seat).
(f) Hangar Keeper 's liability insurance in the amount of at least $1 ,000,000 per occur-
rence for propeller aircraft and $3,000,000 per occurrence for turbine/jet aircraft,
or more as values require.
(g) Products-completed operations liability msurance in the amount of at least
$1 ,000,000 per occurrence.
(h) If applicable, Lessee shall maintain Environmental Impairment Liability coverage
for any underground or aboveground fuel storage facility, tank, underground or
aboveground piping, ancillary equipment, containment system or structure used,
controlled, constructed or maintained by Lessee in the amount of $1 ,000,000 Each
Incident, $2,000,000 Aggregate. The policy shall cover on-site and off-site third
party bodily injury and property damage including expenses for defense, corrective
action for storage tank releases and tank clean-up for storage tank releases.
Airport Minimum Operating Standards Page 7 November 13,2019
(i) All insurance policies cited herein shall contain a waiver of subrogation rights en-
dorsement with respect to the city.
Section 4-2. Additional or modified insurance required by city's risk manager.
In addition to the types and amounts of insurance required by section 4-1, each com-
mercial airport operator shall at all times maintain such other insurance as the city's risk
manager may reasonably determine to be necessary for such commercial airport operator's
activities. The city's risk manager may also modify the requirements based on market con-
ditions or other conditions warranting such modifications.
Section 4-3. Form; acceptance by city.
All insurance shall be in a form and from an insurance company with a Best's financial
rating of at least B ++VI. All policies, except worker's compensation policy, shall name
the city and its elected or appointed officials, officers, representatives, directors, commis-
sioners , agents and employees as "Additional Insureds," and the commercial airport oper-
ator shall furnish certificate of insurances evidencing the required coverage cited herein
prior to engaging in any commercial aeronautical activities. Such certificates shall provide
for unequivocal thirty (30) day notice of cancellation or material change of any policy lim-
its or conditions.
Airport Minimum Operating Standards Page 8 November 13,2019
Article 5 General Operational Requirements
Section 5-1. Airport rules and regulations.
Each commercial airport operator shall abide by the Denton Code of Ordinances, rules
and regulations and any other documents established by the city for the safe, orderly and
efficient operation of the airport.
Section 5-2. Taxiway access.
If not already provided, each commercial airport operator conducting aeronautical ac-
tivities shall provide paved access from its leased premises to the airport's taxiway/tax-
ilane/apron system. Such access shall meet all applicable FAA standards for the largest
aircraft type anticipated to use the commercial airport operator's premises.
Section 5-3. Right-of-entry reserved.
The city reserves the right at all reasonable times to enter upon each commercial airport
operator's premises for any lawful purpose, provided that such entry does not unreasonably
interfere with the commercial airport operator's use of the premises.
Section 5-4. Rates and charges.
Each commercial airport operator may determine the rates and charges for all of its
activities and services, provided that such rates and charges shall be reasonable and fairly
applied to all of the commercial airport operator's customers.
Section 5-5. Personnel, subtenants and invitees.
Each commercial airport operator shall employ a sufficient number of trained, on-duty
personnel to provide for the efficient, safe, orderly and proper compliance with its obliga-
tions under its lease, license, permit or agreement. Each commercial operator shall be
responsible for the actions of its personnel, subtenants and invitees. Each commercial air-
port operator shall conduct its operations in a safe, orderly, efficient and proper manner so
as not to unreasonably disturb, endanger or be offensive to others.
Section 5-6. Interference with utilities and systems.
No commercial airport operator shall do or permit to be done anything that may inter-
fere with the effectiveness or accessibility of any public utility system, drainage system ,
sewer system, fire protection system, sprinkler system, alarm system or fire hydrant and
hoses.
Section 5-7. Fire equipment.
Each commercial airport operator shall supply and maintain such adequate and readily
accessible fire extinguishers and equipment as may be required by law and/or the city's
fire department.
Airport Minimum Operating Standards Page9 November 13,2019
Section 5-8. Vehicle Identification.
Any vehicle used in the airside area must bear identification designating the commer-
cial airport operator to whom the vehicle is assigned. Letters shall be a minimum of three
(3) inches in height on a contrasting background and displayed in a manner that is accepta-
ble to the airport manager.
Section 5-9. Indemnification.
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, invitees, and guarantors,
shall indemnify, defend, pay and hold the city, its agents, employees, officials, directors,
officers, commissioners and representatives harmless from and against all claims, de-
mands, charges, penalties, obligations, fines, administrative and judicial actions or
proceedings, suits, liabilities, judgments, damages, losses, costs and expenses of any
kind or nature (including, but not limited to, attorney fees and expenses, expert wit-
ness and consultant fees and expenses, arbitration fees, court costs and the cost of
appellate proceedings) arising from said access or use, or from any other act or omission
of said person (and its employees, agents or anyone for whose acts or omissions said
person may be liable) including, without limitation, the discharge of any duties or the
exercise of any rights or privileges pursuant to this chapter or any regulations or mini-
mum operating standards promulgated hereunder. This section applies, without limi-
tation, to claims of personal injury, bodily injury, sickness, disease or death, and to
claims of property damage (including city property), destruction or other impairment
of every description (including, without limitation, loss of use), and to claims of envi-
ronmental property damage (including, without limitation, cleanup, response, re-
moval and remediation costs).
Airport Minimum Operating Standards Page 10 November 13, 2019
Article 6 Fixed Base Operators
Section 6-1. Statement of concept
(a) A fixed base operator means a person engaged in a wide range of commercial aer-
onautical activities on airport property including, at a minimum, the following:
1. Aircraft fueling and lubrication;
2. Aircraft line services;
3. Aircraft storage, parking, and tiedown; and
4. Provision of customary facilities, amenities, and ancillary services to general
aviation users including, at a minimum, the following: public restrooms, public
telephones, passenger waiting areas/lounges, conference rooms, crewmember
lounges , and weather briefing/flight planning services.
(b) A fixed base operator shall comply with all of the standards and requirements con-
tained in this article. In addition, a fixed base operator may engage in any general
aviation specialty service activity identified in article 7 (and which is not already
specifically required by this section) upon meeting all standards identified for the
specific activity, with the exception of those standards related to minimum required
office space.
Section 6-2. Land and facility requirements
Land and facilities shall be through lease, license, permit or agreement from the
City.
(a) Land: Four (4) acres of contiguous airport property.
(b) Apron: At least 1 00,000 square feet of either airport property or tenant developed
(not including any building area, automobile parking area, and fuel storage area) to
support aircraft operations. This area shall accommodate the following:
1. Airplane Design Group II aircraft (wingspans up to seventy-nine (79) feet);
2. Transient aircraft parking for ten (1 0) jet aircraft; and
3. Adequate area to simultaneously accommodate transient aircraft operations,
towing of aircraft to/from storage hangars, and staging of based aircraft.
(c) Building: 8,000 square feet with a minimum of 6,000 square feet dedicated to cus-
tomer service and support functions.
(d) Hangar Space: 24,000 square feet for transient aircraft storage.
Airport Minimum Operating Standards Page 11 November 13,2019
Section 6-3. Hours of operation
Unless otherwise agreed to in writing by the airport manager, a fixed base operator
shall provide aircraft fueling and line services seven (7) days per week, from 6:00 a.m. to
10:00 p.m. The fixed base operator shall also be on-call twenty-four (24) hours per day
with after-hours response times of one (1) hour or less.
Section 6-4. Subcontracting services; restrictions
A fixed base operator may not subcontract any of the activities identified in section 6-
1. If the activity is not identified in section 6-1, a fixed base operator may subcontract any
activities described in article 7, provided that such subcontractor meets the requirements in
article 7 and operates from the fixed base operator 's premises and in such areas as are
approved by the airport manager.
Section 6-5. Minimum requirements of FBO services
(a) Aviation fueling.
1. A fixed base operator shall comply with the National Fire Protection Associa-
tion's codes and standards, as amended, FAA Advisory Circular 150/5230-4,
as amended, all requirements of the rules and regulations, and all other applica-
ble laws related to aircraft fuel handling, dispensing and storage.
2. A fixed base operator shall construct (or lease) and maintain an on-airport above
ground fuel storage facility in a location approved by the airport manager. The
fuel storage facility shall have total capacity sufficient to support the types of
aircraft being serviced by the fixed base operator. In no event shall the total
storage capacity be less than:
• 12,000 gallons for Jet fuel storage
• 12,000 gallons for Avgas storage· and
A fixed base operator shall demonstrate the capabi I ity to expand fuel storage
capacity within a reasonable time period.
3. A fixed base operator shall not construct or modify any fuel storage or distribu-
tion facilities without the written consent of the city and without complying
with all city safety standards. The city may inspect such fa cil ities periodically
to ensure compliance with all standards.
4. A fixed base operator shall provide dispensing equipment sufficient to serve the
needs of the aircraft normally frequenting the airport, including the provision
of at least one Jet fuel refueling vehicle and one A vgas refueling vehicle. Jet
fuel refueling vehicle shall have single-point and over-the-wing fueling capa-
bilities and minimum capacity of 2,000 gallons. A vgas refueling vehicle shall
have minimum capacity of750 gallons. A fixed base operator shall have access
Airport Minimum Operating Standards Page 12 November 13,2019
to a back-up refueling vehicle (with the same capabilities and minimum capac-
ities). All equipment must be approved by the airport manager and shall meet
all city safety standards. The metering devices shall be annually inspected,
checked and certified by appropriate state and local agencies. The city may
inspect such equipment periodically to ensure compliance with all standards.
5. A fixed base operator shall require all of its fuel-handling personnel to attend
training courses, obtain a fuel handler's permit, and receive periodic refresher
training as required by the airport manager and city fire department. A fixed
base operator shall develop a standard operating procedure for aviation fueling
activities and provide a current copy of the same to the airport manager. The
city and FAA may periodically conduct inspections of the fixed base operator's
activities and personnel to ensure adherence to safe practices.
6. Fueling reports shall be provided monthly by the 15th calendar day of the sub-
sequent month and shall include:
• A summary report to the City identifying the number of gallons of aviation
fuel delivered to the FBO by type;
• The bill of ladings, as received from the fuel supplier for fuel de livered, in
support of the summary repo rt ; and
• Pay the appropriate fees due to the City as stipulated in the Airport Rates
and Fees Schedule.
• Upon request, records and meters shall be made available for review by the
City or its designated representative.
(b) Aircraft line services
1. A fixed base operator shall employ and have on-duty during required hours of
operation at least two properly trained and qualified employee capable of
providing aircraft fueli ng , aircraft parking, and ancillary aircraft ground ser-
vices and at least one properly trained and qualified customer services and sup-
port employee. Employees shall actively meet and direct all aircraft parking on
their leasehold.
2. A fixed base operator shall have and maintain the equipment that is required to
safely and efficiently move (tow) the aircraft normally frequenting the airport,
including a tug and tow bars with rated draw bar pull sufficient for such aircraft.
3. A fixed base operator shall maintain tugs , tow bars , ground power units , emer-
gency starting equipment, fire extinguishers, chocks , ropes and tiedown sup-
plies as are necessary for the servicing of aircraft types expected to use the air-
port. The fixed base operator shall timely respond to disabled aircraft removal
requests as requested by the airport manager.
Airport Minimum Operating Standards Page 13 November 13,2019
(c) A fixed base operator shall lease, rent or license aircraft storage , parking and
tiedown facilities to aircraft owners or operators solely for aircraft storage, parking
and tiedown purposes.
Section 6-6. Insurance
A fixed base operator shall maintain the applicable types and amounts of insurance
required by article 4, except that the operator shall at all times maintain commercial general
liability insurance in the amount of at least $5,000,000 per occurrence , $5,000 ,000 prod-
ucts-completed operations, $5,000,000 hangarkeepers, and $5,000,000 annual aggregate.
Section 6-7. Airport fees
(a) Fixed base operators shall pay fees as prescribed by lease, license, permit or agree-
ment. At a minimum, said lease , license , permit or agreement shall include a
monthly land or facility rental payment commensurate with market rates and the
following monthly fees:
1. An airport fuel flowage fee , as identified in the airport rates and fees schedule,
for fuel dispensed during the calendar month just ended .
2. An appropriate fees due to the City as stipulated in the Airport Rates and Fees
Schedule.
3. The above-indicated fees are not in lieu of any transaction privilege taxes or
other taxes .
(b) Fixed base operators shall not sublease, permit or allow any other person to operate
as a general aviation specialty service operator within the leased or permitted area,
or conduct any business venture which directly or indirectly relates to aeronautics
or flight , without the prior written approval of the city.
All payments due the city shall be accompanied by forms prescribed by the city's ac-
counting office or the airport manager.
Airport Minimum Operating Standards Page 14 November 13 ,2019
Article 7. General Aviation Specialty Services
Section 7-1. Hangar leasing services.
A hangar leasing services operator means a person engaged in the business of leasing,
renting or licensing hangars to aircraft owners or approved commercial airport operators.
A hangar leasing services operator may engage in the business of constructing and operat-
ing hangars to be leased. A hangar leasing services operator shall comply with the follow-
ing minimum standards:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) A hangar leasing services operator shall accommodate the proposed number of
hangars based on the following.
1. The FAA has established minimum planning standards for hangars for the stor-
age of aircraft as follows: 2,500 square feet for jet aircraft, 2,000 square feet for
turboprop and twin engine aircraft, and 1 ,000 square feet for single engine air-
craft and helicopters. The commercial operator may exceed the number of air-
craft physically parked in hangars at their discretion.
2. Each hangar leasing services operator shall provide an Aircraft Storage Agree-
ment to the airport manager for each aircraft as can be physically stored within
the operator's hangar. Transient aircraft storage is prohibited.
(b) The construction plans and specifications for any hangars to be constructed, includ-
ing minimum hangar sizes and architectural design plans, are subject to the written
approval ofthe city.
(c) A hangar leasing services operator leasing, renting or licensing hangars/ shades in
its operations shall maintain the types and amounts of insurance required by article
4 for any of its activities which may be covered by such insurance.
(d) A hangar leasing services operator's hangars shall include at least one (1) restroom
for each thirty (30) hangar facilities for the use by operator's lessees or as required
by city building code.
(e) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-2. Aircraft sales services.
An aircraft sales services operator means a person engaged in the sale or brokerage of
new and/or used aircraft and shall:
Airport Minimum Operating Standards Page 15 November 13,2019
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in arti cle 4, for any of its activities at the airport which may be covered by such
insurance.
(c) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-3. Aircraft maintenance and repair services.
An aircraft maintenance and repair services operator means a person providing one or
more of the following services: airframe, engine or accessory overhaul; repair services on
aircraft, including jet aircraft and helicopters; and sales of aircraft parts and accessories.
An aircraft maintenance and repair services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Provide office space, hangar facilities, a paved aircraft parking apron, an adequate
number of paved automobile parking spaces for its customers, a public lounge and
waiting room and public restrooms on its premises.
(c) Provide sufficient shop space, equipment, supplies and availab il it y of parts equiv-
alent to that required for certification by the FAA as an approved repair station.
(d) Either: (1) employ and have on-duty during normal business hours at least one per-
son who is currently certified by the FAA with ratings appropriate to the work being
performed and who holds an airframe, power plant, or aircraft inspector rating; or
(2) maintain a current FAR Part 145 Certificate.
(e) Not conduct major maintenance, repair operations, or business activities at any time
inside hangars or other structures not designed for such function. Specific lease
agreement, city fire codes, and/or certificate of occupancy shall determine what
hangars or other structures shall be approved for major maintenance activities.
(f) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(g) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Airport Minimum Operating Standards Page 16 November 13,2019
Section 7-4. Aircraft leasing or rental services.
An aircraft leasing or rental services operator means a person engaged in the leasing or
rental of aircraft to the public. An aircraft leasing or rental services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Employ and have on-duty during normal business hours at least one person.
(c) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-5. Flight training services.
A flight training services operator means a person engaged in instructing pilots in dual
and solo flight training, in fixed-wing and/or rotary-wing aircraft, and providing such re-
lated ground school instruction as is necessary to take a written examination and flight
check ride for the categories of pilot's licenses and ratings involved. A flight training ser-
vices operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Provide adequate classroom facilities for the amount and type of training involved.
(c) Employ and have on-duty during normal business hours at least one instructor who
is currently certified by the FAA to provide the type of training offered.
(d) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4 , for any of its activities at the airport which may be covered by such
insurance.
(e) Pay fees as prescribed by lease, license , permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-6. Specialized aircraft repair services.
A specialized aircraft repair services operator means a person engaged in the business
of repairing aircraft radios, avionics, instruments, propellers, accessories, upholstery,
Airport Minimum Operating Standards Page 17 November 13,2019
painting and/or similar aircraft components. A specialized aircraft repair services operator
sells new or used parts and components necessary for such repairs. A specialized aircraft
repair services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Provide hangar facilities, a paved aircraft parking apron, an adequate number of
paved automobile parking spaces for its customers, a public lounge and waiting
room and public restrooms on its premises .
(c) Employ and have on-duty during normal business at least one person who is cur-
rently certified by the FAA with ratings appropriate to the services offered.
(d) Not conduct maintenance or repair operations or business activities at any time in-
side hangars or other structures not designed for such functions. Specific lease
agreements, city fire codes, and/or certificate of occupancy shall determine what
hangars or other structures shall be approved for major maintenance activities.
(e) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(f) Pay fees as prescribed by lease , license , permit or agreement. At a minimum , an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-7. Aircraft charter services.
An aircraft charter services operator means a person engaged in the business of provid-
ing air transportation of persons or property to the general public for hire, either on a charter
basis or as defined by the FAA under Part 135. Aircraft charter services may include the
performance of aircraft management services as defined in these minimum operating stand-
ards , as long as all requirements of such services are met. An aircraft charter services
operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Employ and have on-duty during normal business hours at least one person who
holds current FAA commercial pilot and medical certificates and ratings appropri-
ate for the operator's flight activities. All flight crews shall be properly rated for
the aircraft operated, and the operator shall provide reasonable assurance of the
continued availability of qualified operating crews.
Airport Minimum Operating Standards Page 18 November 13,2019
(c) Own or lease exclusively by written agreement aircraft currently certified and con-
tinuously airworthy. All aircraft shall meet the requirements of the FAA certificate
held by the aircraft charter service operator.
(d) Have and provide the city with, a current FAR Part 135 Certificate or provisional
FAR Part 135 Certificate, as well as the aircraft identification page from the oper-
ating specifications listing all aircraft on the certificate.
(e) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(f) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-8. Specialized commercial flying services.
A specialized commercial flying services operator means a person engaged in air trans-
portation for hire for any of the following purposes: nonstop sightseeing flights that begin
and end at the airport, aerial photography or survey, powerline or pipeline patrol, fire-
fighting or fire patrol, airborne mineral exploration, or any other operations specifically
excluded from FAR Part 135. A specialized commercial flying services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) Employ and have on-duty during normal business hours at least one person who
holds current commercial pilot and medical certificates with appropriate ratings for
the aircraft to be flown.
(c) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
insurance.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-9. Aircraft management services.
An aircraft management services operator means a person performing one or more of
the following services in the management of another person's aircraft: pilot staffing, rec-
ords management, and other aircraft-related services not including services detailed in any
other sections contained herein. Aircraft management also encompasses the exercise of
the privilege of FAR Part 91.501 on behalfofthe owner. Aircraft management does not
Airport Minimum Operating Standards Page 19 November 13, 2019
include the control of or operation of aircraft under FAR Part 135. An aircraft management
services operator shall:
(a) Lease sufficient land or facilities from a bona fide airport tenant or the city to ac-
commodate the proposed operations.
(b) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport which may be covered by such
msurance.
(c) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator, in addition to paying a monthly land or facility rental payment commen-
surate with market rates, and pay fees as stipulated in the Airport Rates and Fees
Schedule.
Section 7-10. Mobile aircraft washing services
Mobile aircraft washing services operators engage in the cleaning, detailing or washing
of aircraft either for the general public or for individual businesses. Aircraft washing is
restricted to designated wash rack areas and/or other areas permitted under an approved
aircraft washing plan and shall be performed in accordance with Sections 2-11 and 2-12 of
the rules and regulations. Mobile aircraft washing services operators shall meet the fol-
lowing standards:
(a) Submit and receive approval of an aircraft washing plan that contains the following
information:
1. Name of individual/company conducting washing services, contact name and
phone number.
2. List of individuals/companies contracting for washing services; or list of air-
craft to be washed, including FAA registration numbers, makes, and models of
aircraft.
3. A site map of the area in which washing will occur . The site map must contain
the following.
a) An outline of the washing location to include location of runoff control
structures.
b) Approximate distance (in feet) from washing area to nearest drain(s).
c) Reference to buildings, terminal, roads, etc.
d) North arrow.
(b) A detailed description of washing method/operation, including the following de-
tails:
Airport Minimum Operating Standards Page 20 November 13,2019
1. Wash water containment method(s), (ramp scrubber, containment boom,
dry, etc.)
2. Amount of water used per wash and frequency of operation.
3. Name and amount of chemical(s) used per wash.
4. If "dry" washing or waxing/coating operations are to be conducted provide
affirmation that tarps w ill be used to collect residual material for its proper
disposal and protect the ramp (if appropriate).
(c) Material safety data sheets (MSDS) for all chemicals to be used.
(d) Method of disposal of retrieved wash/waste water. If water is to be disposed of on
airport property the following steps must be taken:
1. Disposal of wash/waste water must be done through an oil/water interceptor
in to the sanitary sewer system.
2. Approval for the discharge of wash/waste water on airport property must be
obtained from the airport manager. The approval letter must be included in
the final washing plan.
(e) At all times maintain in effect the types and minimum amounts of insurance, and
contain provisions cited herein for any of its activities at the airport that may be
covered by such insurance specified in section 4.
(f) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator shall pay fees as stipulated in the Airport Rates and Fees Schedule .
Section 7-11. Mobile aircraft maintenance and repair services.
A mobile aircraft maintenance and repair services operator means a person providing
one or more of the following services at the aircraft based location or within a designated
aircraft maintenance areas on the airport: airframe, engine or accessory overhaul; repair
services on aircraft; and sales of aircraft parts and accessories. A mobile aircraft mainte-
nance and repair services operator shall:
(h) Either: (1) employ at least one person who is currently certified by the FAA with
ratings appropriate to the work being performed and who holds an airframe, power
plant, or aircraft inspector rating; or (2) maintain a current FAR Part 145 Certificate.
(i) Not conduct major aircraft alterations or repairs or business activities at any time
inside hangars or other structures not designed for such function. Specific lease
agreement, city fire codes, and/or certificate of occupancy shall determine what
hangars or other structures shall be approved for major aircraft alterations or re-
pairs.
Airport Minimum Operating Standards Page 21 November 13, 2019
(j) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport that may be covered by such
insurance.
(k) Pay fees as prescribed by lease, license, permit or agreement. At a minimum , an
operator shall pay fees as stipulated in the Airport Rates and Fees Schedule.
Section 7-12. On-Airport Rental Car Concession Services.
An airport rental car concession services operator means a person providing rental car
services to customers at the airport. An airport rental car concession services operator
shall:
(a) At all times maintain in effect the types and minimum amounts of insurance speci-
fied in article 4, for any of its activities at the airport that may be covered by such
msurance.
(b) Park rental cars lands ide, unless the car is being staged by an FBO for an arriving
aircraft.
(c) Wash all rental cars off-airport.
(d) Pay fees as prescribed by lease, license, permit or agreement. At a minimum, an
operator located on-airport shall pay fees as stipulated in the A irport Rates and Fees
Schedule. Automobiles are considered rented at Denton Enterprise Airport (and,
therefore included in gross income) if :
1. The automobile is delivered to the customer at the airport; or
2 . The rental agreement is entered into at the airport even though the automobile
is delivered elsewhere; or
3. The automobile was reserved in advance at the airport by the customer or
through an airline , FBO, or travel agent; or
4. A vehicle rented at the airport is exchanged for another vehicle at any location
within twenty-five (25) miles of the Denton Enterprise Airport for a time period
running consecutively with the original rental agreement.
Section 7-13. Flying clubs.
A flying club is a non-profit entity or not-for-profit entity (e.g., corporation, associa-
tion, or partnership) organized for the express purpose of providing its members with air-
craft for their personal use and enjoyment only. FAA Order 5190.6 as amended, shall be
used to define flying club permitted uses or activities. A flying club shall meet the follow-
ing standards:
(a) At the time of applying for a lease, license, permit or agreement with or from the
Airport Minimum Operatin g Standards Page 22 November 13,2019
city to operate at the airport, the club shall furnish the airport manager with a copy
of its articles of incorporation, if the club is a corporation; a copy of its articles of
organization, if the club is a limited liability company; a copy of its certificate of
limited partnership, if the club is a limited partnership; a copy of its partnership
agreement, if the club is a general partnership ; the club's roster or list of members ,
including names of officers and directors ; evidence of required insurance; a de-
scription of all aircraft used; evidence that such aircraft are properly certificated;
evidence of ownership of such aircraft; and any operating rules of the club.
(b) The club's books and records shall be available for inspection and copying by the
airport manager at any reasonable time. The club shall update its roster or list of
members twice annually and provide the airport manager with such updated roster
or list no later than June 30 and December 31 of each year.
(c) The club shall at all times maintain in effect the types and minimum amounts of
insurance specified in article 4 of the Airport Minimum Operating Standards for
any of its activities at the airport which may be covered by such insurance.
(d) The flying club shall pay fees as prescribed by lease , license , permit or agreement,
and any applicable fees ide ntified on the Airport Rates and Fees Schedule .
Airport Minimum Operating Standards Page 23 November 13, 2019