§ 18-101. Fixed base operator categories.


Latest version.
  • (a)

    Category A. Aircraft sales. Any lessee desiring to engage in the sale of new or used aircraft must lease and/or provide as a minimum the following:

    (1)

    Land. Basic requirement: The leasehold shall contain adequate space for building, storage of aircraft, and display.

    (2)

    Buildings. Basic requirement: Lease or construct adequate space of properly lighted, air conditioned, and heated space for office, public lounge, rest rooms and public use telephone.

    (3)

    Personnel. Basic requirement: One person having a current commercial pilot certificate with ratings appropriate for the types of aircraft to be demonstrated.

    (4)

    Dealerships. Basic requirement: New aircraft dealers shall hold an authorized factory or subdealership. All aircraft dealers shall hold a dealership license or permit if required by state.

    (5)

    Aircraft. Basic requirement: A dealer of new aircraft shall have available or on call one current model demonstrator.

    (6)

    Services. Basic requirement: Provide for adequate parts and servicing of aircraft and accessories during warranty periods (new aircraft).

    (7)

    Hours of operation. The normal operating hours will be at the operator's discretion, but he/she should be reasonably available to the public.

    (8)

    Insurance coverage.

    Aircraft liability

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Note: The above coverages should include aircraft held for sale and demonstration by the lessee but owned by others. Hangar keepers liability for nonowned aircraft left in lessee's care if appropriate.

    Products liability: $500,000.00 each accident (if lessee provides aircraft services)

    $1,000,000.00 total aggregate liabilities to any one accident.

    Amounts under the basic insurance coverage may be increased if warranted by the city.

    (b)

    Category B. Aircraft rental. Any lessee desiring to engage in the rental of aircraft to the public must provide as a minimum the following:

    (1)

    Land. Basic requirement: The leasehold shall contain adequate space for aircraft parking and building.

    (2)

    Buildings. Basic requirement: Lease or construct building which will provide adequate properly air conditioned, heated and lighted space for office, public lounge, rest rooms and public use telephone.

    (3)

    Personnel. Basic requirement: One person having a current commercial pilot certificate with appropriate ratings.

    (4)

    Aircraft. Basic requirement: One airworthy aircraft owned or leased in writing to the lessee.

    (5)

    Hours of operation. Basic requirement: The hours of operation shall be determined by lessee with approval of lessor.

    (6)

    Insurance coverage for owned for leased aircraft.

    Aircraft liability

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    1.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Amount under basic coverage may be increased if warranted by the city.

    (c)

    Category C. Flight training. Any lessee desiring to engage in pilot flight instruction shall provide as a minimum the following:

    (1)

    Land. Basic requirement: The leasehold shall contain adequate space for lessee's buildings and aircraft tie downs.

    (2)

    Buildings. Basic requirement: Lease or construct a building having adequate properly air conditioned, lighted and heated floor space to provide classroom, briefing room, pilot lounge, rest rooms, office space and public use telephone.

    (3)

    Personnel. Basic requirement: One person properly certificated by FAA as flight instructor to cover the type of training offered.

    (4)

    Aircraft. Basic requirement: The lessee shall own or have leased to him/her in writing one properly certificated aircraft equipped for flight instruction.

    (5)

    Hours of operation. Basic requirement: The hours of operation shall be determined by lessee with the approval of the lessor.

    (6)

    Insurance coverage for owned or leased aircraft.

    Aircraft liability

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Amount under basic coverage may be increased if warranted.

    (d)

    Category D. Public aircraft fuels and oil dispensing service. Lessees desiring to dispense aviation fuels and oil and provide other related services, such as tie down and parking, shall provide as a minimum the following services and facilities:

    (1)

    Land. Basic requirement: The leasehold shall contain adequate land to provide for buildings, aircraft parking area equipped with six tie downs and dispensing equipment. Increased land area to provide for additional facilities such as paved aircraft parking area, private auto parking, paved access walkway for the public, additional tie downs, etc.

    (2)

    Buildings. Basic requirement: Construct or lease a building providing adequate properly lighted, air conditioned and heated floor space for office, public lounge, rest rooms and public use telephone.

    (3)

    Personnel. Basic requirement: One properly trained person shall be on duty during operating hours.

    a.

    Sufficient properly trained personnel shall be available to serve the public 24 hours per day. The concessionaire shall require attendants to be courteous and furnish good, prompt and efficient service at all times and shall provide service in a fair, equal and nondiscriminatory basis to all airport users.

    b.

    Solicitation of fueling services in a loud, boisterous, offensive or obstructive manner shall not be permitted. The concessionaire and his/her employees will maintain a friendly and cooperative, though competitive, relationship with other companies engaged in like business.

    (4)

    Aircraft service equipment. Basic requirement: Emergency starting equipment, adequate fire extinguishers.

    (5)

    Services. Basic requirement: Fuel, park and tie down aircraft, oil. Rental car service. Operate UNICOM. Courtesy car availability is desirable.

    (6)

    Fuel. Basic requirement: Lessee shall provide at least two grades of aircraft fuel, including 100 octane and Jet A. MOGAS, when provided, shall meet the designated FAA specifications for the type of fuel being provided and shall be supplied only to those aircraft that have been certified under the appropriate supplemental type certificate to use this fuel.

    (7)

    Fuel facilities. Basic requirement: Two metered filter-equipped dispensers fixed or mobile for dispensing two grades of fuel and separate dispensing pumps and meters for each grade of fuel are required.

    a.

    Trucks. If lessee elects to utilize mobile dispensing trucks, such trucks shall have a minimum capacity of 800 gallons for 100 octane and 2,000 gallons for Jet A. Trucks shall be properly maintained, operated and equipped in accordance with applicable FAA, city and National Fire Protection Association recommendations, requirements and regulations.

    b.

    Tank farm. If lessee elects to utilize fixed storage tanks, lessee shall furnish at least two aircraft fuel storage tanks with a capacity of 5,000 gallons.

    1.

    Fuel storage tanks shall be above ground unless otherwise authorized and such installations shall be in a location approved by the lessor in the fuel farm and shall comply with applicable, uniform Building Code Standards, fire codes and ordinances of the city and recommendations of the National Fire Protection Association. Aviation fuel tanks shall have capabilities for cleaning and maintenance.

    2.

    Fuel storage tanks shall comply with requirements set out by Environmental Protection Agency, the FAA, and the state.

    3.

    All plans and specifications for improvements on tank farm (including landscaping) shall be prepared and presented to the lessor and shall require the written approval of the lessor before any construction or installation may be undertaken.

    4.

    All construction or improvements on tank farms shall conform with any general architectural requirements of the city and shall be undertaken in accordance with local, state and federal codes, ordinances and regulations now in force or hereinafter prescribed by authority of law. Lessee shall, at its sole cost and expense, obtain all necessary building permits and all labor and material bonds.

    5.

    Lessee shall, at its sole cost and expense, maintain fuel farm, all improvements thereon, and all appurtenances thereto, in a presentable condition consistent with good business practice and equal in appearance and character to other similar improvements on said airport. Lessee shall repair all damages caused by its employees, patrons, or their operation thereon; shall maintain and repair all equipment thereon; and shall keep its premises in a safe, neat, sightly and good physical condition.

    6.

    Lessee shall, in the event it shall become necessary to make physical changes on its premises, promptly make such changes and installations at its sole expense, subject to the approval of the lessor, who in their reasonable discretion, shall be the sole judge of the quality of maintenance. Upon written notice by lessor to lessee, lessee shall be required to perform whatever reasonable maintenance lessor deems necessary. If said maintenance is not undertaken by lessee within ten days after receipt of written notice, lessor shall have the right to enter upon the demised premises and perform the necessary maintenance, the cost of which shall be borne by lessee.

    7.

    All fuel storage tanks on airport property, owned by lessee or a tenant shall, at the termination of the lease, be removed by the owner of the tank at his/her expense.

    (8)

    Hours of operation. Basic requirement: Fueling service shall be provided from 8:00 a.m. to sundown seven days a week. On call service shall be provided during nonscheduled hours of operation.

    (9)

    Insurance coverage.

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Amount under basic coverage may be increased if warranted by the lessor.

    (10)

    Fire extinguishers will be readily available during all refueling or defueling. Personnel will be trained in the use of such equipment as well as in rescue operations. Such persons will attend necessary training provided by local fire marshal or the city.

    (11

    Static discharging ground wires will attached to the aircraft, the fuel tank, or refueling pit, and to zero potential (ground) before any fueling operations. Grounding rods of sufficient length to reach permanent underground moisture will be conveniently located.

    (12)

    Adequate fuel filters and water traps will be installed on all fuel handling equipment and a suitable program for periodically conducting water contamination checks will be established and followed.

    (13)

    FBO personnel used to dispense aircraft fuels and lubricants will be trained in the proper recognition of aircraft fuel tank markings, kinds and grades of aircraft fuels and lubricants, and safety precautions necessary for fuel handling. Such personnel must, while servicing aircraft, wear sufficient identification so that the public may know which person is authorized to dispense petroleum products.

    (14)

    Automatic fuel dispensers may be utilized with appropriate disclaimers being provided by lessee.

    (15)

    In all matters related to aircraft fueling safety and servicing, the provisions of the most recent NFPA Manual 407 "Standard for Aircraft Fuel Servicing," together with American Petroleum Institute quality control standards, as such documents may be amended from time to time, shall be used as the basis for all airport fueling operations. Copies thereof are on file with the airport manager. In the event of conflict between such documents and the standards set forth elsewhere herein, the standards set forth herein shall control.

    (d(1))

    Category D(1). Nonpublic aircraft fuels and oil dispensing. Lessees desiring to conduct nonpublic aircraft fuel and oil dispensing shall meet the following minimum standards and provide the following minimum facilities:

    Restriction: Lessees holding nonpublic aircraft fuels dispensing permits shall not sell or deliver aircraft fuels to anyone other than lessee. Fueling of any aircraft not owned or leased by lessee (except in case of emergency) shall result in immediate revocation of the right to bring fuel upon, or store fuel on, airport property. Upon request by lessor, lessee shall provide evidence of ownership or lease of any aircraft being fueled. A corporation may not be formed for the expressed purpose of providing fuel services under this standard.

    (1)

    Personnel. Basic requirement: Personnel engaged in dispensing aircraft fuel shall be properly trained with regard to safety procedures.

    (2)

    Fuel. Basic requirement: Lessee shall provide only the type or grade of fuel required to service the lessee's aircraft.

    (3)

    Fuel facilities. Basic requirement: Metered, filter-equipped dispensers fixed or mobile for dispensing grades of gasoline required. Separate dispensing pumps and meters for each grade of fuel are required.

    (a)

    Trucks. If lessee elects to utilize mobile dispensing trucks, such trucks shall have a minimum capacity of 250 gallons for each fuel type provided. Trucks shall be properly maintained, operated and equipped in accordance with applicable FAA, city and National Fire Protection Association recommendations, requirements and regulations.

    (b)

    Tank farm.

    a.

    Fuel storage tanks shall be above ground unless otherwise authorized and such installations shall be in a location approved by the airport manager in the fuel farm, and shall comply with applicable, uniform building code standards, fire codes and ordinances of the city and recommendations of the National Fire Protection Association. Aviation fuel tanks shall have capabilities for cleaning and maintenance.

    b.

    Fuel storage tanks shall comply with requirements set out by Environmental Protection Agency, the FAA, and the state.

    c.

    All plans and specifications for improvements on tank farm (including landscaping) shall be prepared and presented to the airport manager and shall require the written approval of the city before any construction or installation may be undertaken.

    d.

    All construction or improvements on tank farms shall conform with any general architectural requirements of the city and shall be undertaken in accordance with local, state and federal codes, ordinances and regulations now in force or hereinafter prescribed by authority of law. Lessee shall, at its sole cost and expense, obtain all necessary building permits and all labor and material bonds.

    e.

    Lessee shall, at its sole cost and expense, maintain fuel farm, all improvements thereon, and all appurtenances thereto, in a presentable condition consistent with good business practice and equal in appearance and character to other similar improvements on said airport. Lessee shall repair all damages caused by its employees, patrons, or their operation thereon; shall maintain and repair all equipment thereon; and shall keep its premises in a safe, neat, sightly and good physical condition.

    f.

    Lessee shall, in the event it shall become necessary to make physical changes on its premises, promptly make such changes and installations at its sole expense, subject to the approval of the lessor, who in their reasonable discretion, shall be the sole judge of the quality of maintenance. Upon written notice by lessor to lessee, lessee shall be required to perform whatever reasonable maintenance lessor deems necessary. If said maintenance is not undertaken by lessee within ten days after receipt of written notice, lessor shall have the right to enter upon the demised premises and perform the necessary maintenance, the cost of which shall be borne by lessee.

    (4)

    Insurance coverage.

    Aircraft liability

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Amount under basic coverage may be increased if warranted by lessor.

    (5)

    Fire extinguishers will be readily available during all refueling or defueling. Personnel will be trained in the use of such equipment as well as in rescue operations. Such persons will attend appropriate training provided by local fire marshal or the city.

    (6)

    Static discharging ground wires will attached to the aircraft, the fuel tank, or refueling pit, and to zero potential (ground) before any fueling operations. Grounding rods of sufficient length to reach permanent underground moisture will be conveniently located.

    (7)

    Adequate fuel filters and water traps will be installed on all fuel handling equipment and a suitable program for periodically conducting water contamination checks will be established and followed.

    (8)

    In all matters related to aircraft fueling safety and servicing, the provisions of the most recent NFPA Manual 407 "Standards for Aircraft Fuel Servicing," together with American Petroleum Institute quality control standards, as such documents may be amended from time to time, shall be used as the basis for all airport fueling operations. Copies thereof are on file with the airport manager. In the event of conflict between such documents and the standards set forth elsewhere herein, the standards set forth herein shall control.

    (e)

    Category E. Airframe and/or power plant repair. Any lessee desiring to engage in airframe and/or power plant repair service must provide as a minimum the following:

    (1)

    Land. Basic requirement: The leasehold shall contain an area of adequate space for all buildings and temporary parking of aircraft. Increased land area to provide for additional facilities such as private auto parking, paved ramp area to appropriate lot line, paved pedestrian access walkway, etc.

    (2)

    Buildings. Basic requirement: Lease or construct a building sufficient to provide adequate shop and hangar space meeting local and state industrial code requirements plus adequate office space. Provide public use telephone.

    (3)

    Personnel. Basic requirement: One person currently certified by FAA with ratings appropriate for work being performed who may hold an airframe and/or power plant rating.

    (4)

    Hours of operation. Basic requirement: The hours of operation shall be determined by lessee with the approval of the lessor.

    (5)

    Equipment. Basic requirement: Sufficient equipment, tools, supplies and availability of parts to perform maintenance in accordance with manufacturers recommendations or equivalent. Demonstrate the ability to and assume responsibility for promptly removing from the public landing area any disabled aircraft as soon as permitted by cognizant federal and/or state authorities.

    (6)

    Insurance coverage.

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Products liability: $500,000.00 each accident (if lessee provides aircraft services).

    $1,000,000.00 total aggregate liabilities to any one accident.

    Amounts under the basic insurance coverage may be increased if warranted by the city.

    (f)

    Category F. Air taxi service. Lessees desiring to engage in air taxi service must hold an FAA Air Taxi-Commercial Operator Certificate with ratings appropriate to the functions to be accomplished, and provide as a minimum the following:

    (1)

    Land. Basic requirement: The leasehold shall contain adequate land for building.

    (2)

    Buildings. Basic requirement: Lease or construct a building providing a minimum of adequate properly heated, air conditioned and lighted space for office, public lounge, rest rooms and public use telephone.

    (3)

    Personnel. Basic requirement: One FAA certificated commercial pilot who is appropriately rated to conduct air taxi service offered.

    (4)

    Aircraft. Basic requirement: One four-place aircraft meeting all the requirements of the air taxi/commercial operator certificate held. Note: Aircraft shall be owned or leased by agreement in writing and meet all the relevant requirements of Part 135 of the FAA Regulations.

    (5)

    Hours of operation. Basic requirement: The hours of operation shall be determined by lessee with the approval of the lessor. Provide on call service during nonoperating hours.

    (6)

    Insurance coverage.

    Aircraft liability

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Amounts under the basic insurance coverage may be increased if warranted by the lessor.

    (g)

    Category G. Radio, instrument, or propeller repair service. Lessees desiring to provide a radio, instrument or propeller repair service must hold an FAA repair station certificate and ratings for same and provide as a minimum the following:

    (1)

    Land. Basic requirement: The leasehold shall contain adequate land for building.

    (2)

    Buildings. Basic requirement: Construct or lease building providing adequate properly lighted, air conditioned and heated space to house office, rest room facilities and minimum shop and hangar space as required for FAA repair shop certification. Public use telephone.

    (3)

    Personnel. Basic requirement: One FAA certificated repairman qualified in accordance with the terms of the repair station certificate.

    (4)

    Hours of operation. Basic requirement: The hours of operation shall be determined by lessee and approved by lessor. Provide on call service during weekends.

    (5)

    Insurance coverage.

    Aircraft liability

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000 total aggregate liability under the policy

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Amounts under the basic insurance coverage may be increased if warranted by the lessor.

    (h)

    Category H. Aerial applications(long term). Lessees desiring to engage in aerial application operations must hold an agricultural aircraft operator certificate issued by the FAA; comply with requirements of the state and political subdivisions thereof; and said operations must be negotiated with the lessor.

    (j)

    Category J. Specialized commercial flight services. Lessees desiring to engage in the specialized commercial air activities including but not limited to those listed below may provide as a minimum the following:

    Banner towing and aerial advertising

    Aerial photography or survey

    Fire fighting or fire patrol

    Powerline or pipe line patrol

    Any other operations specifically excluded from Part 135 of the Federal Aviation Regulations.

    (1)

    Land. Basic requirement: Leasehold shall contain adequate land to provide for buildings, aircraft parking and tie downs.

    (2)

    Buildings. Basic requirement: Construct or lease adequate properly heated and lighted floor space for office. Telephone.

    (3)

    Personnel. Basic requirement: One person having a current commercial pilot certificate with appropriate ratings for the aircraft to be flown.

    (4)

    Aircraft. Basic requirement: One properly certificated aircraft owned or leased in writing to the lessee.

    (5)

    Hours of operation. Basic requirement: The normal operating hours will be at the operators discretion and approval by the airport manager, but he/she should be reasonably available to the public.

    (6)

    Insurance coverage for owned or leased aircraft.

    Aircraft liability

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Amounts under the basic insurance coverage may be increased if warranted by the lessor.

    (k)

    Category K. Multiple services. Lessees desiring to engage in two or more commercial aeronautical activities must provide as a minimum the following:

    (1)

    Land. Basic requirement: The leasehold for multiple activities shall contain adequate space for specific use area requirements established for the service to be offered (specific use spaces need not be additive where combination use can be reasonably and feasibly established).

    (2)

    Buildings. Basic requirement. Lease or construct a building containing adequate space to provide properly lighted, air conditioned and heated space for specific use area requirements established for the service to be offered (specific use space need not be additive where combination use can be reasonably and feasibly established). Repair stations must provide minimum shop and hangar space as required by FAA repair shop certification.

    (3)

    Personnel. Basic requirement: Multiple responsibilities may be assigned to personnel to meet personnel requirements for all activities.

    (4)

    Aircraft. All requirements for aircraft for the specific activities to be engaged in must be provided; however, multiple uses can be made of all aircraft, except aerial applicator aircraft, to meet these requirements. In order to meet these requirements, however, a minimum of two aircraft must be owned or under the direct control of the lessee and based on the lessee's leasehold.

    (5)

    Equipment. All equipment, specifically required for each activity, must be provided.

    (6)

    Services. All services specifically required for each activity must be provided during the hours of operations.

    (7)

    Hours of operation. The lessee will adhere to the operating schedule as required for each activity.

    (8)

    Insurance coverage. The lessee will obtain the highest single coverage in the amounts established for each type of insurance required for the specific activity.

    (l)

    Category L. Flying clubs. In an effort to foster and promote flying for pleasure, develop skills in aeronautics, including pilotage, navigation, and an awareness and appreciation of aviation requirements and techniques, the category of flying clubs is added to the standards of the airport.

    All flying clubs desiring to base their aircraft and operate on the airport must comply with the applicable provisions of these standards and requirements. However, they shall be exempt from regular fixed base operator requirements upon satisfactory fulfillment of the conditions contained herein.

    (1)

    The club shall be a nonprofit entity (corporation, association or partnership) organized for the express purpose of providing its members with aircraft for their personal use and enjoyment only. The ownership of the aircraft must be vested in the name of the flying club (or owned proportionately by all of its members). Each member must be a bonafide share owner of the aircraft or a stockholder in the corporation. The property rights of the members of the club shall be equal and no part of the net earnings of the club will inure to the benefit of any member in any form (salaries, bonuses, etc.). The club may not derive greater revenue from the use of its aircraft than the amount necessary for the operations, maintenance and replacement of its aircraft.

    (2)

    Flying clubs may not offer or conduct charter, air taxi, or rentals of aircraft operations. They may not conduct aircraft flight instruction except for regular members, and only members of the flying club may act as pilot in command of the aircraft except when receiving dual instruction. No flying club shall permit its aircraft to be utilized for the giving of flight instruction to any person, including members of the club owning the aircraft, when such person pays or becomes obligated to pay for such instructions, except when instruction is given by a lessee based on the airport who provides flight training. Any qualified mechanic and/or instructor who is a registered member and part owner of the aircraft owned and operated by a flying club shall not be restricted from doing maintenance work and/or giving instruction in aircraft owned by the club, so long as the club does not become obligated to pay for such maintenance work or instruction, except that such mechanics and instructors may be compensated by credit against payment of dues or flight time.

    (3)

    All flying clubs and their members are prohibited from leasing or selling any goods or services whatsoever to any person or firm other than a member of such club at the airport except that said flying club may sell or exchange its capital equipment.

    (4)

    A flying club shall abide by and comply with all federal, state and local laws, ordinances, regulations and the rules and regulations of this airport management.

    (5)

    The flying club, with its permit request, shall furnish the airport management a copy of its charter and by-laws, articles of association, partnership agreement or other documentation supporting its existence; a roster, or list of members, including names of officers and directors, and investment share held by each member to be revised on a semiannual basis; evidence of insurance in the form of a certificate of insurance with hold harmless clause in favor of the airport, its officers and employees (ten days' prior notice of cancellation shall be filed with airport management); number and type of aircraft; evidence that aircraft are properly certificated; evidence that ownership is vested in the club; and operating rules of the club. In addition, the club shall maintain a set of books showing all club income and expenses. Said books shall be available for inspection by airport management to determining compliance with this provision.

    (6)

    Insurance coverage.

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    (7)

    A flying club which violates any of the foregoing, or permits one or more members to do so, will be notified in writing of the violation and given ten days in which to correct said violation. Should such violation not be corrected within ten days, a public hearing will be held for the purpose of considering termination of tenancy.

    (m)

    Category M. Airport tenant. A person having the use designation of "airport tenant" shall be limited to the following and only the following uses:

    Storage of aircraft and nonhazardous personal property and service and maintenance on aircraft.

    Such person may provide fuel for owned or leased aircraft, but only after meeting the requirements of (D(1)) "nonpublic aircraft fuels and oil dispensing."

    (1)

    Insurance coverage.

    Aircraft liability

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Comprehensive public liability and property damage

    a.

    Public liability insurance

    1.

    Bodily injury $500,000.00 each person

    $1,000,000.00 total aggregate liability as to any one accident

    2.

    Property damage $500,000.00 each accident

    $1,000,000.00 total aggregate liability under the policy

    Amounts under the basic insurance coverage may be increased if warranted by the lessor.

    (2)

    Due to the vast variety of single and multi-occupancy hangars, a single, minimum standard for building and acreage is not established. Therefore, each application under this standard will be considered on its own merits.

(Ord. No. O-5-01, Exh. B, 3-12-2001)