CHAPTER XII. PUBLIC PROPERTYCHAPTER XII. PUBLIC PROPERTY\ARTICLE 2. AIRPORT

The governing body shall, at all times, have authority to take such action as may be necessary to safeguard the public and all attendants at the municipal airport of the city and to make and enforce such temporary or permanent rules and regulations as may be required for such purposes.

(Code 1986, 12-101; Code 2007)

The city does hereby extend all of its police powers and any ordinances pertaining thereto, to and over the municipal airport and grounds to the same extent and with the same force and effect as if the municipal airport and grounds were situated within the corporate limits of the city.

(Code 1986, 12-102; Code 2007)

No person, firm, or corporation shall hereafter operate, engage in and conduct any commercial business, activity or enterprise upon or from the municipal airport and grounds for any commercial purpose without first submitting an application to the governing body for a permit for such purpose and obtaining a permit therefor. All such permits issued hereunder shall be on such forms as may be furnished by the city clerk and shall expire on the 31st day of December following the date of their issuance. The issuance of any such permits shall be within the sole discretion of the governing body, and in acting upon any application for such permit, the governing body shall take into consideration the number of outstanding permits for the particular type of operation or activity contemplated by the applicant, the safety of the lives and property of the inhabitants of the city and all persons operating upon or from the municipal airport and grounds, the condition of the municipal airport and grounds, and the desirability and suitability of such commercial business upon and from the municipal airport and grounds. This section shall not apply to visiting commercial or pleasure aircraft. Upon approval of any such application by the governing body, the city clerk shall issue a permit to such applicant upon payment by him or her to the city of the following permit fee or fees:   

(a)   Aircraft weighing 12,500 pounds and under, unless regulated by separate agreement secured directly from the governing body: 

(1)   For an agricultural aviation permit, including aerial spraying, covering one operated aircraft, the operator of which shall have issued to him or her a current Kansas state license for aerial spraying, the sum of $1,000.00 annually for such aircraft. For an agricultural aviation permit, including aerial spraying, covering more than one operated aircraft, the operator of which shall have issued to him or her a current Kansas state license for aerial spraying, the sum of $500.00 annually for each such additional aircraft; and,

(2)   For any and all other commercial purposes specifically authorized, such annual sum as shall be fixed by the governing body for each such commercial purpose; provided, however, that for a training or rental aircraft permit, the annual permit fee shall be the sum of $100.00 for each such aircraft used for such purposes.

(b)   Permits for commercial purposes for all aircraft weighing in excess of 12,500 pounds shall be secured directly from the governing body and shall be regulated by a separate agreement.

(Code 1986, 12-103; Code 2007)

All persons, firms, and corporations hereafter operating, engaging in and conducting any commercial business, activity or enterprise upon or from the municipal airport and grounds for any commercial purpose shall, at all times, comply with all applicable laws, rules and regulations of the United States and of the State of Kansas, or authorized agencies thereof, and all applicable ordinances and regulations of the city.

(Code 1986, 12-104; Code 2007)

(a)   Before any permit shall be issued hereunder, every applicant therefor shall submit to the governing body satisfactory evidence that such applicant is covered by public liability insurance pertaining to such applicant’s commercial business, activity or enterprise to be conducted upon or from the municipal airport and grounds in an amount not less than the sum of $1,000,000 for each accident or occurrence, and no permit shall be valid unless a policy of public liability insurance or a certificate for such insurance, issued by a company authorized to do business within the State of Kansas, shall be filed with the city clerk, and every such applicant shall agree, in writing, to assume all liability and responsibility for all injuries and/or damage done, caused or permitted to any persons whomsoever through his or her neglect, operation and commercial business, activity or enterprise upon or from the municipal airport and grounds and shall further agree, in writing, to save and hold the city harmless from all liability, loss or damages by reason thereof.

(b)   Before any permit shall be issued hereunder, every applicant therefor shall file with the city clerk a good and sufficient surety bond in an amount as shall be required by the governing body to insure the financial responsibility of such applicant. Before such bond shall be released, the governing body shall determine any damage caused to the municipal airport and grounds by such applicant, and upon payment of such damages, such bond shall be released by the city clerk.

(Code 2007)

All persons, firms, and corporations receiving an agricultural aviation permit, including aerial spraying, shall, at their own expense and responsibility, install and provide for their own use at the municipal airport and grounds the following safety equipment and comply with all State, Federal, and KDHE regulations.

(Code 1986, 12-106; Code 2007)

No person, firm or corporation shall engage in the sale of refreshments or of any other commodity, including gasoline and oil, or of any service or rental service, or solicit funds from the public on the municipal airport and grounds for any purpose or place, or distribute or display signs, advertisements, handbills, circulars, printed or written matter at the municipal airport and grounds, except with the consent and approval of the governing body and upon payment of the rates and charges fixed by the governing body.

(Code 1986, 12-107; Code 2007)

No person, firm or corporation shall do, or cause to be done, any construction, alteration or work in or to any hangar or building located upon the municipal airport and grounds without securing the consent and approval of the governing body and all such construction, alteration and work shall be done in accordance with applicable regulations of the city. Any authorized work shall be removed at the expense and responsibility of the person, firm or corporation causing the same, as required by the governing body.

(Code 1986, 12-108; Code 2007)

No person, firm or corporation shall operate any vehicle or mobile equipment, including automobiles and trucks, on and upon the municipal airport and grounds except in accordance with the prescribed rules and regulations of the city. The speed limit for all vehicles shall be no more than 20 miles per hour, and no vehicles, other than vehicles owned and operated by the city for city business, shall be driven on or upon the airport runways, ramp areas or active taxiways, except by permission of the governing body. No vehicles shall be allowed to park on or upon the municipal airport and grounds other than in the public parking areas, except those vehicles operated by licensed businesses and hangar owners, or except in case of emergency.

(Code 1986, 12-109; Code 2007)

No smoking will be permitted within 50 feet of any fuel carrier, or fuel pump facility, or fuel storage area.

(Code 1986, 12-110; Code 2007)

All aircraft owners, their agents or pilots shall be responsible for the prompt disposal of disabled aircraft and parts thereof, unless required or directed by the airport manager to delay such action pending an investigation of an accident. Disabled aircraft must be removed from the municipal airport and grounds or stored in a hangar out of view of the public.

(Code 1986, 12-111; Code 2007)

Any and all municipal airport property destroyed, injured or damaged by accident or otherwise shall be paid for by the party or parties responsible for such destruction, injury or damage thereto.

(Code 1986, 12-112; Code 2007)

The city administrator shall at all times have authority to take such action as may be necessary in the handling, conduct and management of the public in attendance at the airport.

(Code 1986, 12-113; Code 2007)

Rules and regulations shall be posted by the airport manager concerning the use of the airport.

(Code 1986, 12-114; Code 2007)

Should there be any conflict between the provisions of this article and the rules and regulations established by the secretary of commerce under “The Air Commerce Act, the Civil Aeronautics Board of the Civil Aeronautics Authority, such federal rules and regulations shall apply and all persons using the airport must conform to such federal rules and regulations.

(Code 1986, 12-115; Code 2007)

The city council is hereby authorized and empowered to lease the airport and hire a manager therefore as provided by law under the terms and conditions they deem proper.

(Code 1986, 12-116; Code 2007)