21-2122ORDINANCE NO. 21-2122
AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 3 - AIRPORTS OF
THE CODE OF THE CITY OF DENTON TO REMOVE REFERENCES TO THE FORMER
COUNCIL AIRPORT COMMITTEE AND MAKE OTHER RELATED MODIFICATIONS;
PROVIDING A REPEALER AND SAVINGS CLAUSE; PROVIDING FOR PENALTIES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR CODIFICATION; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton ("City") owns and operates the Denton Enterprise Airport
(the "Airport"), operated under the guidance of the Federal Aviation Administration ("FAA") and
the City's Airport guidance standards set forth at Chapter 3 — Airports of the Code of the City of
Denton, Texas, adopted pursuant to Ordinance No. 20-240 ("Chapter 3") - and
WHEREAS, Chapter 3 references certain rights and duties of the Council Airport
Committee; and
WHEREAS, the City Council, after due consideration, abolished the Council Airport
Committee on September 28, 2021 pursuant to Resolution No. 21-1869; and
WHEREAS, following the abolishment of the Council Airport Committee, it is advisable
to repeal and amend Chapter 3 to remove all references to the Council Airport Committee and to
make other related modifications as set forth in the amended Chapter 3 attached hereto as Exhibit
A and incorporated herein for all purposes ("Amended Chapter 3"); and
WHEREAS, Chapter 3 adopts by reference pursuant to Section 3-106, the Denton
Enterprise Airport Rules and Regulations, Denton Enterprise Airport Minimum Operating
Standards, and the Denton Enterprise Airport Rates and Fees Schedule, and Amended Chapter 3
also adopts such publications by reference pursuant to Section 3-106, which publications would
not be amended or modified by Amended Chapter 3 but would continue in full force and effect
pursuant to Amended Chapter 3, if Amended Chapter 3 is adopted; and
WHEREAS, at its October 13, 2021 meeting, the Airport Advisory Board recommended
that City Council approve an ordinance amending Chapter 3 to remove references to the former
Council Airport Committee and make other related modifications by a vote of 6 to 0; and
WHEREAS, the City Council hereby finds the attached Amended Chapter 3 reasonable,
necessary and consistent with the intent of City Council; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this Ordinance are
true and correct and are hereby incorporated herein by reference.
1
SECTION 2. The Code of the City of Denton, Texas is hereby amended by repealing the
previously adopted Chapter 3 in its entirety and replacing it in its entirety with the Amended
Chapter 3.
SECTION 3. The effective date of this Ordinance, and of Amended Chapter 3, shall be
fourteen (14) days following the date of the passage and approval of this Ordinance. All future
duties and obligations thereafter arising under the previously adopted Chapter 3 shall cease, but
liability for fees and violations of the previously adopted Chapter 3 as of the effective date of this
Ordinance are preserved and continue unaffected by this Ordinance.
SECTION 4. Any person found violating the provisions of this Ordinance, upon
conviction, shall be subject to the penalties set out in Amended Chapter 3. Each day that a
provision of this Ordinance is violated shall constitute a separate and distinct offense.
SECTION 5. 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 portions shall remain in full
force and effect.
SECTION 6. The City Secretary is hereby directed to record and publish the Amended
Chapter 3 in the Code of the City of Denton, Texas, as authorized by Section 52.001 of the Texas
Local Government Code.
SECTION 7. 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 of Denton, Texas, within ten (10) days of the date of its passage.
The motion to approve this Ordinance was made by '�(hV I Me-) t? -e—,(- and
seconded by 41; f\ ft0.Cq cy; z Q-- The Ordinance was passed and approved by
the following vote[-) - 0 1:
Aye Nay
Gerard Hudspeth, Mayor: d
Vicki Byrd, District 1:
Brian Beck, District 2: ,O
Jesse Davis, District 3:
Alison Maguire, District 4: .%
Deb Armintor, At Large Place 5: e/
Paul Meltzer, At Large Place 6:
Abstain Absent
PASSED AND APPROVED this the 2 (, +!�i day of OCA r , 2021.
GERARD ETH, MAYOR
ATTEST:
ROSA RIOS, CITY SECRETARY
�,
APPROVED AS TO LEGAL FORM:
MACK REINWAND, CITY ATTORNEY
r
Exhibit A
Denton Enterprise Airport DTO
A.iRPORT ADmimsTRA'nm OFFICE
5000 AIRPORT RD.
DENTON, TEXAS 76210
(940) 349-7736
CHAPTER 3 -AIRPORT
N ON
Adopted February It, 2020
RmsTONs
REVISION NO. DATE SECTION
1 TBD Removed all references to Council Airport Committee in the
Definitions, 3-121, 3-124, 3-202, 3-505, 3-705, 3-805,
and 3-807.
3-109, added leases and certain licenses or other agreements
to Airport Advisory Board responsibilities.
Chapter 3 — Airport i Adopted February 11, 2020
Table of Contents
ARTICLE I. - IN GENERAL....................................................................................................1
Secs. 3-1-3-100.
-Reserved ..................................................................................................1
Sec. 3-101.
- Definitions..........................................................................................................1
Sec. 3-102.
- General conditions of use ....................................................................................2
Sec. 3-103.
- Permission to use Airport conditional; denial of permission................................2
Sec. 3-104.
- Consent of City...................................................................................................2
Sec. 3-105.
- Notices and applications.....................................................................................3
See. 3-106.
- Adopted by reference..........................................................................................3
Sec. 3-107.
- Conflicting laws, ordinances, regulations, and contracts......................................3
Sec. 3-108.
- Application.........................................................................................................3
Sec. 3-109.
- Airport Advisory Board......................................................................................4
Sec. 3-110.
- Effect of agreements with federal government....................................................5
Sec. 3-111.
- Conformance with federal, state, and other rules, regulations, and agreements....5
Sec. 3-112.
- Liability of City..................................................................................................5
Sec. 3-113.
- Indemnification..........................................................................................•.......5
Sec. 3-114.
- Forms.................................................................................................................6
Sec. 3-115.
- Supplementing information.................................................................................6
Sec. 3-116.
- Payment of fees and charges...............................................................................6
Sec. 3-117.
- Airport -related fee administration and collection................................................6
Sec. 3-118.
- Payment of bills and default of obligations.........................................................6
Sec. 3-119.
- Repealer and savings clause................................................................................7
See. 3-120.
- Severability........................................................................................................7
Sec. 3-121.
- Use of City -owned Airport property...................................................................7
Sec. 3-122.
- Access keys/codes/gate access devices/access cards............................................8
Sec. 3-123.
- Permit not transferable........................................................................................8
Secs. 3-124-3-200. - Reserved..............................................................................................8
ARTICLE II. - RULEMAKING AUTHORITY.......................................................................8
Sec. 3-201.
- Airport Rules and Regulations............................................................................8
Sec. 3-202.
- Limitation on rules and regulations by Airport Manager.....................................8
Sec. 3-203.
- Posting and filing of documents..........................................................................8
Sec. 3-204.
- Emergency rules and regulations........................................................................9
Secs. 3-205-3-300.
- Reserved..............................................................................................9
ARTICLE III.
- AIRPORT BUSINESS PERMITS..................................................................9
Sec. 3-301.
- Airport Business Permit required........................................................................9
Sec. 3-302.
- Airport Business Permit applications..................................................................9
Sec. 3-303.
- Temporary Airport Business Permits..................................................................9
Sec. 3-304.
- Permit display...................................................................................................10
Sec. 3-305.
- Duration of permit............................................................................................10
Sec. 3-306.
- Nonwaiver of defaults.......................................................................................10
Sec. 3-307.
- General conditions for all permits. . ...................... ............................................
10
Sec. 3-308.
- Insurance..........................................................................................................10
Secs. 3-309-3-400.
- Reserved............................................................................................
II
ARTICLE IV. - ENFORCEMENT.........................................................................................
II
DIVISION
1. - GENERALLY..............................................................................................11
Sec. 3-401.
- Violations .........................................................................................................11
Sec. 3-402.
- Enforcement of judgments................................................................................11
Sec. 3-403.
- Violations not exclusive....................................................................................11
Sec. 3-404.
- Each day separate violation...............................................................................11
Chapter 3 --- Airport
ii Adopted February 11, 2020
Sec.
3-405.
- Inspections. ......................... .............................................................................11
Sec.
3-406.
- False information .............................................................................................12
Sec.
3-407.
- Service of notices.............................................................................................12
Sec.
3-408-3-500.
- Reserved..............................................................................................12
DIVISION
2. - DENIAL OF USE.........................................................................................12
Sec.
3-501.
- Denial grounds.................................................................................................12
Sec.
3-502.
- Denial procedure..............................................................................................13
Sec.
3-503.
- Denial hearing..................................................................................................13
Sec.
3-504.
- Appeal......................................................................•.......................................14
Sec.
3-505.
- Appeal procedure..............................................................................................14
Sec.
3-506.
- Settlement agreements..... ................... ........................................... .................
15
Secs.
3-507-3-600.
- Reserved............................................................................................15
DIVISION
3. - SANCTIONS; PROCEDURES.....................................................................15
See.
3-601.
- Remedies..........................................................................................................15
Sec.
3-602.
- Jurisdiction of City court ..................................................................................15
Sec.
3-603.
- Civil violation; commencement, of action..........................................................15
Sec.
3-604.
- Civil citation, authority to issue........................................................................16
See.
3-605.
- Appearance by defendant..................................................................................16
Sec.
3-606.
- Default judgment..............................................................................................16
Sec.
3-607.
- Rules of procedure for civil violations..............................................................16
Sec.
3-608.
- Civil sanctions..................................................................................................16
Sec.
3-609.
- Rules of procedure for criminal violations........................................................16
Sec.
3-610.
- Criminal penalty...............................................................................................17
Sec.
3-611.
- Restitution........................................................................................................17
Sec.
3-612.
- Denial of Airport use........................................................................................17
Secs.
3-613-3-700.
- Reserved............................................................................................17
DIVISION
4. - LICENSE AND PERMIT REVOCATION...................................................17
Sec.
3-701.
- Revocation grounds..........................................................................................17
Sec.
3-702.
- Revocation procedure.... ...................................................................................
17
Sec.
3-703.
- Revocation hearing...........................................................................................18
Sec.
3-704.
- Appeal..............................................................................................................18
Sec.
3-705.
- Appeal procedure.............................................................................................18
Sec.
3-706.
- Settlement agreements......................................................................................19
Sees.
3-707-3-800.
-Reserved...............................•............................................................19
DIVISION
5. - ABATEMENT OF VIOLATIONS................................................................19
Sec.
3-801.
- Abatement in lieu of or in addition to other actions...........................................19
Sec.
3-802.
- Emergency abatement.......................................................................................20
Sec.
3-803.
- Notice to abate..................................................................................................20
Sec.
3-804.
- Appeal of notice to abate..................................................................................21
Sec.
3-805.
- Procedure on appeal..........................................................................................21
See.
3-806.
- Abatement variances and time extensions.........................................................21
Sec.
3-807.
- Appeal from decision of Airport Appeals Board...............................................22
Sec.
3-808.
- Stay of order during appeal...............................................................................22
See.
3-809-3-900.
- Reserved..............................................................................................22
Chapter 3 - Airport iii Adopted February 11, 2020
ARTICLE I. - IN GENERAL
Sees. 3-1-3-100.,- Reserved.
See. 3-101. - Definitions.
The following words and phrases, whenever used in this chapter or documents
promulgated hereunder, shall be construed as defined in this section unless from the
context a different meaning is intended, or unless a different meaning is specifically
defined and more particularly ascribed to the use of such words or phrases. All definitions
contained in 49 U.S.C. § 40101 et seq. (previously known as the Federal Aviation Act of
1958, hereinafter cited as "FAA 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 — Airport 1 Adopted February 11, 2020
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.
CityAttorney 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.
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 — Airport 2 Adopted February 11, 2020
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, or to excuse any person from performing
obligations to the City under any lease or other contract.
(d) No existing or future City contract, lease, agreement, or other contractual
arrangement, nor any payment or performance thereunder, shall excuse full and
complete compliance with this chapter. Compliance with this chapter shall not
excuse full and complete compliance with any obligations to the City under any
existing or future City contract, lease, agreement, or other contractual
arrangement.
(e) Compliance with this chapter does not excuse failure to comply with any other law.
Sec. 3-108. - Application.
Except where expressly limited by its terms, this chapter is effective throughout the
City.
Chapter 3 -- Airport 3 Adopted February 11, 2020
See. 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.
(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;
(10) All leases of City -owned Airport property and those Airport licenses or other
such agreements not meeting the criteria set forth in subsection 3-121(2); and
(11) 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.
Chapter 3 — Airport 4 Adopted February 11, 2020
(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.
(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,
Chapter 3 — Airport 5 Adopted February 11, 2020
claims adjustment, attorney fees, and court costs), related to, arising from or out
of, or resulting from:
(1) Any negligent or intentional actions, acts, errors, mistakes, or omissions
caused in whole or in part by such Person, or the 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.
(b) This section includes, but is not limited to, environmental claims for property
damage, cleanup, response, removal, and remediation.
Sec. 3-114. - Forms.
The Airport Manager shall have authority to specify forms to be used for applications,
permits, reports, and other documents required under this chapter and to reject any
documents not conforming to said forms.
Sec. 3-115. -Supplementing information.
Within fifteen (15) calendar days after any discovery of a material misstatement,
omission, or other inaccuracy or material change in any information contained in any
application, report, or other document provided to the City, the person submitting the
information shall inform the City in writing of the inaccuracy or change and shall provide
the City with the correct information in writing.
Sec. 3-116. - Payment of fees and charges.
No Person shall perform any activity for which a fee or charge is imposed under this
chapter without first reporting the activity to the City and paying the appropriate fee to the
City (as identified in the Airport Minimum Operating Standards and/or Airport Rates and
Fees Schedule). Notwithstanding the preceding sentence, when a reporting procedure in
this chapter specifically provides for subsequent reporting, prior reporting is not required.
Fees, rates, and charges for use of any Airport facilities and for any service or
accommodations provided by the City shall be established in the same manner as rules
and regulations are established under this chapter. Nothing in this chapter impairs or
limits the City's ability to impose fees or charges by contract.
Sec. 3-117. - Airport -related fee administration and collection.
The administration and collection of Airport -related fees is vested in the Airport
Manager, or his 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
Chapter 3 — Airport 6 Adopted February 11, 2020
it be for breach of performance, services, covenants, or nonpayment, the Person shall
thereafter be billed for all losses of revenue and expenses incurred to reestablish
performance or service and other costs, unless the Person files with the City, within ten
(10) calendar days of receipt of the formal notification, a statement that corrective or
preventive measures have been initiated and will diligently be carried out. If the promises
contained in the statement are not fulfilled, the Person will be considered in absolute
default and appropriate lawful steps will be initiated by the City.
Sec. 3-119. - Repealer and savings clause.
The effective date of this chapter shall be fourteen (14) days following the date this
ordinance is adopted by the City Council. All future duties and obligations thereafter
arising under the pre-existing Chapter 3 of the Denton Code of Ordinances shall cease,
but liability for fees and violations of the pre-existing Chapter 3 of the Denton Code of
Ordinances as of the effective date of this ordinance are preserved and continue
unaffected by this ordinance.
Sec. 3-120. - Severability.
If any section, subsection, paragraph, sentence, clause, phrase, or portion of this
chapter should be declared invalid or unconstitutional for any reason whatsoever, such
decision shall not affect the remaining portions of this chapter, which shall remain in full
force and effect; the City Council of the City of Denton declares that it would have adopted
this chapter and each section, subsection, sentence, clause, phrase, or portion thereof,
irrespective of the fact that any one (1) or more sections, subsections, sentences,
clauses, phrases, or portions thereof may be declared invalid or unconstitutional; and, to
this end, the provisions of this chapter are hereby declared to be severable.
Sec. 3-121. - Use of City -owned Airport property.
The Airport Manager may enter into a lease, license, permit, or other such agreement
for the use of any City -owned Airport property, including but not limited to, land, buildings,
office space, counter space, and aircraft storage facilities, subject to the following
conditions:
(1) Any lease of City -owned Airport property shall be in a form approved by the City
Attorney and subject to recommendation by the Airport Advisory Board and
approval of City Council.
(2) Any Airport license or other such agreement shall be in a form approved by the
City Attorney, with a term of three (3) years or less and a minimum of a thirty (30)
calendar day cancellation clause. Any license or other such agreement not
meeting these criteria shall be subject to recommendation by the Airport Advisory
Board and approval of City Council.
(3) 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.
Chapter 3 .- Airport 7 Adopted February 11, 2020
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) Agate access device or access card that has not been used in one hundred eighty
(180) consecutive days shall be deactivated.
Sec. 3-123. -Permit not transferable.
No lease, license, permit, or agreement shall be assigned, transferred, or in any other
manner set over to another person without the prior written consent of the City.
Secs. 3-124-3-200. - Reserved.
ARTICLE II. - RULEMAKING AUTHORITY
Sec. 3-201. - Airport Rules and Regulations.
The Airport Manager is authorized to establish or amend such rules, regulations, and
minimum operating standards as are necessary or useful to carry out or supplement the
provisions of this chapter and provide for the orderly and safe operation of the Airport.
Sec. 3-202. - Limitation on rules and regulations by Airport Manager.
(a) No rule, regulation, or minimum operating standard established by the Airport
Manager shall be effective until fourteen (14) calendar days after it is approved by
the Airport Advisory Board. Any regulation established by the Airport Manager shall
be posted in the lobby or other area of the Airport terminal building open to the
public during normal business hours for a period of not less than five (5) calendar
days prior to approval by the Airport Advisory Board.
(b) No regulation established by the Airport Manager shall increase fees identified in
the Airport Rates and Fees Schedule.
(c) Creation or modification of any fee is subject to approval by the Airport Advisory
Board and the City Council.
Sec. 3-203. - Posting and filing of documents.
Airport Rules, Regulations, Minimum Operating Standards, and Rates and Fees
Schedule shall be filed with the City Secretary. All amendments to these documents shall
be filed with the City Secretary.
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Sec. 3-204. - Emergency rules and regulations.
With the approval of the City Manager, the Airport Manager has authority to impose
emergency regulations. Such emergency regulations are limited to a forty-five (45)
calendar day duration and take effect immediately upon execution by both the Airport
Manager and the City Manager, and posting of copies of the regulations at the Airport
terminal building and at two (2) other public places within the City. Each emergency rule
or regulation shall be reviewed and established as a permanent rule or regulation at the
next regularly scheduled Airport Advisory Board meeting.
Secs. 3-205-3-300. -Reserved.
ARTICLE III. - AIRPORT BUSINESS PERMITS
Sec. 3-301. - Airport Business Permit required.
No Commercial Aeronautical Activity shall be conducted by any Person at the Airport
without said person being in possession of a valid Airport Business Permit. Each Person
holding an Airport Business Permit must hold a valid and current sales and use tax permit
issued by the state, if such license is required by the state. 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
Chapter 3 — Airport 9 Adopted February 11, 2020
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. -Permit 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 ofpermit
An Airport Business Permit shall remain in effect so long as the permittee complies
with all of its terms, conditions, and covenants.
Sec. 3-306. - Nonwaiver of defaults.
The waiver by the City of any breach by the permittee of any term, covenant, or
condition of any permit shall not operate as a waiver of any subsequent breach of the
same or any other term, covenant, or condition of the permit. No term, covenant, or
condition thereof can be waived except by the written consent of the Airport Manager,
and forbearance or indulgence by City, in any regard whatsoever, shall not constitute a
waiver of the term, covenant, or condition to be performed by permittee, and until
complete performance by permittee of the term, covenant, or condition, the City shall be
entitled to invoke any remedy available to it hereunder or by law, despite such
forbearance or indulgence.
Sec. 3-307. - General conditions for all permits.
The City is neither a joint venturer with, nor a partner or associate of, the permittee
with respect to any manner provided for in the permit. Nothing herein contained shall be
construed to create any such relationship between the parties or to subject the City to any
obligation of the permittee whatsoever. The permit is a license and not a lease.
Sec. 3-308. - Insurance.
(a) The operator, lessee, licensee, permittee, or other person using the Airport,
required to obtain and maintain insurance under the Airport Minimum Operating
Standards, shall, at their own expense, obtain and maintain a general liability policy
or Airport premises policy from an insurance company authorized to do business
in Texas, with the minimum coverage required by the applicable Airport Minimum
Operating Standards. All policies, except Workers' Compensation, shall name the
City of Denton, its agents, employees, elected and appointed officials, directors,
officers, commissioners, board members, and representatives as Additional
Insureds.
(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
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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.
Secs. 3-309-3-400. - Reserved.
ARTICLE IV. - ENFORCEMENT
DIVISION]. - GENERALLY
Sec. 3-40I. - 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.
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
Chapter 3 — Airport 1 L Adopted February 11, 2020
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.
(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:
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(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.
(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 denial of access.
(b) Persons subject to subsection 3-501(d) shall be provided a hearing as soon as
reasonably practical but in no event shall said hearing be delayed more than
seventy-two (72) hours after the effective time of the denial of access, except upon
mutual agreement of the Airport Manager and the affected party.
Sec. 3-503. -Denial hearing.
Except for the summary denial of access under subsection 3-501(d), access to, and
the use and privileges of, the Airport or any of its facilities shall be denied at the date and
time of the hearing if the affected party fails to appear to contest the denial. The affected
party shall have the right to present evidence and cross-examine any witnesses. The
hearing shall be informal and the rules of evidence shall not apply. The Airport Manager
may rule on the denial of use at the close of the evidence and argument, but, in any case,
Chapter 3 — Airport 13 Adopted February 11, 2020
shall enter a ruling within ten (10) calendar days after the completion of the hearing. The
Airport Manager shall notify the affected party in accordance with section 3-407. Pending
any appeal to the Airport Appeals Board, the Airport Manager's denial of access shall be
effective immediately if the ruling is made by the Airport Manager at the time of the
hearing, or upon notice of the ruling when the ruling is made after the hearing.
Sec. 3-504. - Appeai
(a) A person may appeal the denial of use to the Airport Appeals Board by filing a
written notice of appeal with the Airport Manager not later than ten (10) calendar
days after the Airport Manager has taken the action to be appealed from. The right
to appeal is waived if the notice of appeal is not timely filed. Except as provided
under subsection 3-501(d), the timely filing of an appeal shall stay enforcement of
the denial of access until the appeal is finally determined by the Airport Appeals
Board.
(b) This division contains all the appellate relief to which an aggrieved party is entitled
through City procedures. The exhaustion of appellate remedies at the City level
does not preclude an aggrieved party from seeking any other remedies provided
by law.
Sec. 3-505. -Appeal procedure.
(a) Upon receipt of a written notice of appeal, the Airport Appeals Board shall set an
appeal hearing within ten (10) calendar days and shall give notice of the hearing
as provided in this division.
(b) When required in the interest of fairness, the Airport Appeals Board may grant
continuances of the hearing, but all hearings on denial of access shall be heard
not later than thirty (30) calendar days from the date on which the notice of appeal
was filed.
(c) Except for the summary denial of access under subsection 3-501(d), access to,
and the use and privileges of the Airport or any of its facilities shall be denied at
the date and time of the hearing unless the affected party or the 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
(10) calendar days after the hearing, unless all parties stipulate that additional time
is required to render a decision. The Airport Appeals Board's decision shall be
supported by a preponderance of evidence. Subject to section 3-807, the decision
of the Airport Appeals Board is final.
Chapter 3 — Airport 14 Adopted February 11, 2020
(f) Except for the summary denial of access under subsection 3-501(d), the denial of
access shall be effective immediately if the ruling is made by the Airport Appeals
Board at the time of the hearing, or upon notice of the ruling when the ruling is
made after the hearing.
Sec. 3-506. - Settlement agreements.
(a) After the Airport Manager denies access to, and the use and privileges of the
Airport or any of its facilities, and before the Airport Manager enters a ruling, the
Airport Manager and affected Person may enter into a settlement agreement to
allow access.
(b) After the affected person appeals the denial of access to the Airport Appeal Board,
and before the Airport Appeals Board enters a ruling, the Airport Appeals Board
and the affected person may enter into a settlement agreement to allow access.
Secs. 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 3-602. - 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.
(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 (10) 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 (10) calendar days of the issuance of the citation/complaint;
Chapter 3 — Airport 15 Adopted February 11, 2020
(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 (10) 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.
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.
Chapter 3 — Airport 16 Adopted February 11, 2020
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. The 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 any person violating this chapter to use the
Airport or any of its facilities.
Secs. 3-613-3-700. -Reserved.
DIVISION 4. - LICENSE AND PERMIT REVOCATION
Sec. 3-701. -Revocation grounds
The Airport Manager may revoke any license or permit issued pursuant to this
chapter, upon the happening of any of the following events:
(1) A violation of the terms of such license or permit, of any provision of this
chapter, or any rules, regulations, or minimum operating standards
promulgated pursuant to this chapter;
(2) Falsification of any application or other information provided to the City under
this chapter;
(3) Any action which would place the Airport in violation of 49 U.S.C. § 47160 et
seq., 14 C.F.R. Part 1 et seq., or the FAA Grants and Assurances (see C.F.R.
Part 152); or
(4) A violation of any future rules, regulations, minimum operating standards, or
other conditions which the City may impose by appropriate process or any
federal statute or regulation hereafter enacted.
Sec. 3-702. - Revocation procedure.
Upon 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
have the right to present evidence and cross-examine any witnesses. The hearing shall
Chapter 3 — Airport 17 Adopted February 11, 2020
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 (10) calendar days of the completion of the hearing. Upon
the decision of revocation, the aggrieved party shall forthwith surrender the subject
license or permit.
(b) After a revocation, any Person responsible for the acts constituting the ground for
the revocation shall be ineligible to reapply for a like license or permit within an
appropriate period of time as determined by the Airport Manager. A partnership,
corporation, company, or association which has as a partner, officer, stockholder,
or member ineligible for reapplication as provided by this subsection shall itself be
ineligible for a like period.
(c) Notwithstanding the provisions of (b) of this section, the Airport Manager may
summarily suspend, effective immediately, pending a revocation hearing, the
license or permit of any 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 (10) calendar days after the Airport Manager
has taken the action to be appealed from. The right to appeal is waived if the notice
of appeal is not timely filed. Except as provided under subsection 3-703(c), the
timely filing of an appeal shall stay enforcement of the revocation until the appeal
is finally determined by the Airport Appeals Board.
(b) This division contains all the appellate relief to which an aggrieved party is entitled
through City procedures. The exhaustion of appellate remedies at the City level
does not preclude an aggrieved party from seeking any other remedies provided
by law.
Sec. 3-705. -Appeal procedure.
(a) Upon receipt of a written notice of appeal, the Airport Appeals Board shall set an
appeal hearing within ten (10) calendar days and shall give notice of the hearing
as provided in this division.
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(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
(10) calendar days after the hearing, unless all parties stipulate that additional time
is required to render a decision. The Airport Appeals Board's decision shall be
supported by a preponderance of evidence. Subject to section 3-807, the decision
of the Airport Appeals Board is final.
(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.
Secs. 3-707-3-800. -Reserved,
DIVISION 5. - ABATEMENT OF VIOLATIONS
Sec. 3-80L - 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
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proceed independently of any denial of access or civil or criminal violation filed
pursuant to this chapter.
(b) If any Person, served a notice to abate by the City pursuant to this chapter, fails to
comply with such notice or order, the City may abate the conditions subject to the
notice.
(c) If the City elects to abate the violation, the Airport Manager or 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:
(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;
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(6) A warning stating that, if the violations are not corrected within the fifteen (15)
calendar day period, the City can abate the problem and assess the owner the
cost of such abatement and record a lien on the property for the assessment;
(7) Appeal procedures; and
(8) The fifteen (15) calendar day notice set forth in this section shall not apply to
emergency abatements pursuant to section 3-802.
Sec. 3-804. - Appeal of notice to abate.
(a) Any notice to abate or any assessment can be appealed to the Airport Appeals
Board.
(b) An appeal must be filed within fifteen (15) calendar days of the service of the notice
to abate or the assessment and must be fled with the Airport Manager's office.
(c) Failure of a Person entitled to appeal under this chapter to timely file an appeal
shall constitute a waiver of the right to appeal and such Person shall be estopped
to deny the validity of any notice or assessment which could have been timely
appealed.
(d) The notice of appeal shall set forth, in writing, the Person's reasons for believing
no violation of the chapter has occurred or that the assessment is excessive.
(e) The individual appealing shall accompany the written appeal with an appeal fee of
twenty-five dollars ($25.00), such sum to be deposited in the Airport enterprise
fund of the City.
(f) In case of financial hardship, the fee may be suspended by the Airport Manager
until the decision on appeal is rendered. The Airport Appeals Board may waive the
fee upon a finding of financial hardship.
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. Subject to section 3-807, the decision of the Airport
Appeals Board is final.
Sec. 3-806. - Abatement variances and time extensions.
(a) Any Person may request a variance or time extension of a notice to abate or an
assessment. Such request shall be made to the Airport Appeals Board.
Chapter 3 — Airport 21 Adopted February 11, 2020
(b) The same time limits for filing and written requirement that appear in section 3-704
on appeals applies to this section.
(c) The procedure shall be the same as set forth in section 3-705.
(d) The Airport Appeals Board may grant a variance only where it is determined that
all of the following apply:
(1) Special circumstances or conditions apply to this appeal application such as
hardship;
(2) Authorization of the variance is necessary for the preservation and enjoyment
of substantial property rights; and
(3) Authorization of the variance will not be materially detrimental to Persons
residing or working in the vicinity, to adjacent property, to the neighborhood or
to the public welfare in general.
(e) If a variance is granted by the Airport Appeals Board, the conditions in paragraph
(d) allowing the variance and the extent of the variance shall be explicitly stated.
(f) The Airport Appeals Board may grant one (1) extension of the time limit set forth
in section 3-803. Such extension shall not exceed one hundred eighty (180)
calendar days. The extension period granted by the Airport Appeals Board starts
to run on the day the Airport Appeals Board issues a decision pursuant to section
3-805(c). The Airport Appeals Board may grant an extension only where it is shown
that:
(1) It would create a hardship to comply with the decision within the fifteen (15) -
day period of section 3-803; and
(2) The moving party presents a plan that is approved by the Airport Appeals
Board, by which said party will comply with the decision within no more than
one hundred eighty (180) calendar days.
Sec. 3-807. - Appeal from decision of Airport Appeals Board
Any party aggrieved by a decision of the Airport Appeals Board may seek review by
the City Council.
Sec. 3-808. - Stay of order during appeal
Except for orders to vacate or violations presenting an imminent hazard, the timely
filing of an appeal shall stay enforcement of a notice to abate or assessment until the
appeal is finally determined by the Airport Appeals Board.
Sec. 3-809-3-900. - Reserved.
Chapter 3 — Airport 22 Adopted February 11, 2020