COUNTY OF IDAHO ORDINANCE NO. 1
An ordinance providing for the adoption of rules and regulations for the operation and maintenance of the Idaho County Airport; providing for such rules and regulations to contain definitions, to provide for an Airport Manager, to provide for rules and regulations for aeronautical activities, to provide for special events, to provide for public use, to provide for common use areas, to provide vehicular traffic regulations, to provide for advertising, to provide ! acceptance of rules by use, to provide for operators keeping rules available, to provide for aircraft operation and airport traffic, to provide for general provisions pertaining thereto, to provide for taxiing rules, to provide for landing and take off-rules, to provide for ground rules, to provide for fire regulations, to provide for regulation of airport operators, leases and concessions, to provide for business activities, to provide for applications to be made, to provide for action on applications, to provide for supporting documents, to provide airport license and leases non-transferable, to provide for tie-down rates, to provide for regulation of refuse, to provide for approval of construction, to provide for operators, to provide for fixed base operators and services to be rendered thereby, to provide for waiver of certain provision, to provide for business name, to provide for penalties for violation of rules and regulations, to provide for posting of rules, to provide for governmental agreements, to provide for airport master plan, and to provide for the title of the rules and regulations; to provide for the ordinance to repeal any and all conflicting ordinances, rules or regulations; to provide for the ordinance to take effect from and after its passage and approval.
BE IT ORDAINED BY THE CHAIRMAN AND BOARD OF COMMISSIONERS OF IDAHO COUNTY, STATE OF IDAHO:
SECTION 1: That the Board does hereby approve and adopt the rules and regulations for the operation of the Idaho County Airport, the terms and provisions of which are incorporated by reference herein as though fully set forth, and as expressed in Exhibit “A”, attached hereto.
SECTION 2. That such rules and regulations shall be effective from and after the date of the adoption of this ordinance.
3. That any conflicting ordinance, parts of ordinances, rules or regulations in conflict herewith, are hereby repealed.
SECTION 4. That this ordinance shall take effect from and after its passage and approval.
Dated and signed this 9th day of March, 1965.
Approved: Roy Wisdom – Chairman of the Board
Ray Terhaar – Member of the Board
R. D. Williams – Member of the Board
Attest:
Carl T. Reuter – Clerk of the Board of County Commissioners
RULES AND REGULATIONS FOR THE IDAHO COUNTY AIRPORT
CHAPTER 1 GENERAL PROVISIONS
SECTION 1. DEFINITIONS As used in these Rules and Regulations, unless the text otherwise requires:
1.”Airport” means the Idaho County Airport and all of the area, buildings, facilities and improvements within the exterior boundaries of such airport as it now exists or as it may hereafter be extended or enlarged.
2.”Port Manager” means the Manager of the Idaho County Airport.
3.”Board” means the Board of Commissioners of the County of Idaho.
4.”C. A. B. ” means the Civil Aeronautics Board.
5.”Port” means the Airport of Idaho County.
6.”F. A. A. ” means the Federal Aviation Agency.
7. “Person” means any individual, firm, partnership, corporation, company, association, joint-stock association or body politic, and includes any trustee, receiver, assignee or other similar representative thereof.
SECTION 2. AIRPORT MANAGER The person designated by the Board of County Commissioners is the Airport Manager. The Airport Manager shall at all times have authority to take such action as may be necessary for the handling, policing, protection and safeguarding the public while present at the airport and to regulate vehicular traffic on the airport. The Airport Manager may suspend or restrict any or all operations without regard to weather conditions whenever such action is deemed necessary in the interest of safety, subject to the review of such action by the Board.
SECTION 3. RULES AND REGULATIONS All aeronautical activities at the airport, all operation and flying of aircraft at the Idaho County Airport and all business and other activities on the airport shall be conducted in conformity with these rules and regulations, all amendments, supplements, changes and additions hereto which may hereafter be adopted by the Board, and further in conformity with all pertinent rules, regulations, orders and rulings of the C. A. B. , the F. A. A. , and, if appropriate or effective, any other governmental agency, which are made a part of these rules by this reference, provided, however, nothing herein contained shall affect or impair any existing agreement In the event of any conflict between these rules and regulations and any law, rule, regulation or order of the C. A. B, the F. A. A, or other governmental agency exercising the same or similar jurisdiction, the latter shall prevail.
SECTION 4. SPECIAL EVENTS Special events such as air shows, air races, fly-ins, sky diving and all events requiring the general use of the airport, other than normal or routine airport traffic, shall be held only upon the prior approval of the Airport Manager and on such dates, in such areas and upon such terms and conditions as shall be specified by the Airport Manager.
SECTION 5. PUBLIC USE The airport shall be open for public use at all hours of the day, subject to regulation or restriction due to weather, the conditions of the landing area, the presentation of special events and like causes, as may be determined by the Airport Manager, and revocation of the right to use for violation of these rules and regulations as herein provided.
SECTION 6. COMMON USE AREAS All runways for landing and take-off; all runway, marker, guidance, signal and beacon lights used to guide operation aircraft; all apparatus or equipment for disseminating weather and wind information for signaling, for radio-directional finding, or for radio or other electrical communication, and any other structure, equipment or mechanism having a similar purpose for guiding or controlling flight in the air or the landing and take-off of aircraft; and together with such aprons, ramps, turn-offs, tie-down areas, taxiways and other areas of the airport as the Airport Manager shall specify or designate as common use areas shall be considered common use areas available for use, in common, by all persons flying or operating aircraft on the airport and shall be kept clear and available for aircraft traffic. No fixed base operator or other person shall use any common use area for the parking or storing of aircraft, the repair, servicing or gassing of aircraft or for any other purpose other than the flying and operation of aircraft without the prior consent or authorization of the Airport Manager. Common use areas are subject to change.
SECTION 7. VEHICULAR TRAFFIC The traffic laws of the County of Idaho and the State of Idaho shall apply to the streets, roads, and parking areas of the Airport. Except for fire fighting equipment, ambulances and emergency vehicles, no person shall take or drive any vehicle on the airport, other than on established streets, roads and automobile parking facilities unless permission has been first obtained from the Airport Manager and notice given Flight Service Station.
SECTION 8. ADVERTISING No signs or other advertising shall be placed or constructed upon the airport, or any building or structure or improvement thereon without the prior approval of the Board. No signs or advertising shall be permitted if in the Board’s opinion it is undesirable, unnecessary or in any way creates a safety hazard.
SECTION 9. ACCEPTANCE OF RULES BY USE The use of the Airport or any of its facilities in any manner shall constitute an assumption by the user of these rules and regulations and shall create an obligation on the part of the user to abide by and obey these rules and regulations. Flight instructors shall have the duty to fully acquaint their students with these rules and shall be responsible for the conduct of students under their direction. When a student is flying solo, it shall be his responsibility to comply with all applicable rules.
SECTION 10. OPERATORS TO KEEP RULES AVAILABLE All persons licensed to do business on or conducting operations of any kind on the Airport shall keep a current copy of these rules and regulations in its office or place of business and make it available to all persons.
CHAPTER 2
AIRCRAFT OPERATION AND AIRPORT TRAFFIC
SECTION 1. GENERAL
1. All aeronautical activities at the Idaho County Airport, and all flying of aircraft departing from or arriving at the airport, within three miles horizontally of the center of the airport, shall be conducted in conformity with the current pertinent provisions of the Civil Air Regulations issued by the Civil Aeronautics Board.
2. The Airport Manager shall at all times have authority to take such action as may be necessary to safeguard the public in attendance at the airport.
3. Instructors shall fully acquaint their students with these rules and shall be responsible for the conduct of students under their direction during dual instructions. When the student is flying solo, it shall be his sole responsibility to observe and abide by these rules.
SECTION 2. TAXIING RULES
1. No person shall taxi an aircraft to or from the hangar line or to or from an approved parking space until he has ascertained that there will be no danger of collision with any person or object.
2. No aircraft shall be taxied except at a safe and reasonable speed.
3. No aircraft not equipped with adequate brakes shall be taxied near buildings or parked aircraft unless an attendant is at a wing of the aircraft to assist.
4. Stop aircraft clear of runway for engine check. Make sure runway is clear of traffic before entering crossing.
SECTION 3. LANDING AND TAKE-OFF RULES
1. Landings and take-offs shall be made in a direction indicated by the controlled wind sock located within the airport.
2. No landing or take-off shall be made except at a safe distance from buildings and aircraft.
3. No turn shall be made after the take-off until the Airport boundary has been reached and the pilot has attained an altitude of at least 500 feet and has ascertained there will be no danger of turning into the path of a following aircraft.
4. Traffic altitude is 800 feet above airport. All turns shall be made to the left.
5. Enter traffic at 800 feet above airport, 45 degrees to the downwind leg. Leave traffic on a 45 degree right turn at 500 feet after the first 90 degree left turn, and outside of the airport boundary.
6. It is recommended that take-offs of all aircraft be made from the end of the runway. However, pilots of light aircraft, at their discretion, and their own responsibility, may take off from the intersections to reduce taxiing. No plane will enter upon the active runway while another plane is on the runway.
7. Pilots of light aircraft making final landings, will land on the side of the runway on which they intend to turn off. Clear the runway as soon as possible.
SECTION 4. GROUND FULES
1. Aircraft engines shall be started or warmed up only in the places designated for such purposes. At no time shall engines be turned up when hangars, shops, other buildings, or persons in the observation area, are in the path of the propeller stream.
2. Aircraft shall not be parked except in areas designated for that purpose.
3. All repairs to aircraft or engines, except emergency repairs, shall be made in the spaces designated for this purpose and not on the area reserved for landing and take-off.
4. No automobile shall be driven on to the landing area proper without the express permission of the Airport Manager or his designated representative
5. No automobile shall be parked on the airport property except in areas designated for the purpose.
SECTION 5. FIRE REGULATIONS
1. All persons using in any way the airport area or the facilities of the airport shall exercise the utmost care to guard against fire and injury to persons or property.
2. No person shall smoke within fifty feet of any aircraft.
3. All aircraft shall be positively grounded when being serviced with gasoline.
4. No aircraft shall be fueled when the engine is running.
CHAPTER 3
AIRPORT OPERATORS, LEASES, AND CONCESSIONS
SECTION 1. BUSINESS ACTIVITIES Subject to applicable orders, certificates or permits of the C.A.B. or the F.A.A, or their successors; no person shall use the airport, or any portion thereof, or any of its improvements or facilities for revenue producing commercial, business, or aeronautical activities who has not first complied with these rules and regulations and obtained the consent and all appropriate permits and licenses for such activities from the Board and entered into such written leases and other agreements prescribed by the Board, or agreed upon by the Board and such person.
SECTION 2. APPLICATION Applications for leases of ground on the airport, or for permission to carry on any commercial, business or aeronautical activity on the airport, with the necessary permits and licenses, shall be made to the airport Manager on forms prescribed by the Board. The Airport Manager shall present the application to the Board by at least its next regular meeting. The Board may, if it deems it advisable, have a public hearing upon the application. The applicant shall submit all information and material necessary, or requested by the Board, to establish to the satisfaction of the Board that the applicant can qualify and will comply with these rules and regulations. The application shall be signed and submitted by every party owning an interest in the business, those who will be managing the business, every partner of a partnership, and each director, and officer, of a corporation.
SECTION 3. ACTION ON APPLICATION The Board may deny any application, if, in its opinion, it finds any one or more of the following:
1. The applicant for any reason does not meet the qualifications, standard and requirements established by these rules and regulations; or
2. The applicant’s proposed operations or construction will create a safety hazard on the airport; or,
3. The granting of the application will require the Port to spend Port’s funds, or to supply labor or materials in connection with the proposed operations to an extent which or at a time when the Board is unwilling to enter into such arrangement; or the operation will result in a financial loss to the Port, or
4. There is no appropriate, adequate or available space or building on the airport to accommodate the entire activity of the applicant at the time of the application; or
5. The proposed operation or airport development or construction does not comply with the master plan of the airport; or
6. The development or use of the area requested by the applicant will result in depriving existing fixed base operators or portions of the area in which they are operating; or will result in a congestion of aircraft or buildings; or will result in unduly interfering with the operations of any present fixed base operator on the airport through problems in connection with aircraft traffic or service, or preventing free access to the fixed base operator’s area; or,
7. Any party applying, or interested in the business has supplied
the Board with any false information or has misrepresented any material fact in his application or in supporting documents; or has failed to make full disclosure on his application or in supporting documents; or
8. Any party applying, or interested in the business has a record of violating these rules and regulations, or the rules and regulations of any other airport, or the Civil Air Regulations, the Federal Aviation Regulations or any other rules and regulations applicable to the airport; or
9. Any party applying, or interested in the business has defaulted
in the performance of any lease or other agreement concerning the airport; or
10. Any party applying, or interested in the business has a credit report which contains derogatory information and does not appear to be a person of satisfactory business responsibility and reputation; or
11. The applicant does not appear to have, or have access to, the finances necessary to conduct the proposed operation for a minimum period of six months; or.
12. Any party applying, or interested in the business has been convicted of any crime or violation of any city ordinance of such a nature that it indicates to the Board that the applicant would not be a desirable operator on the airport; of,
13. The protection of the health, welfare, safety or morals of the inhabitants of Idaho County require such denial.
Nothing contained herein shall be construed to prohibit the Board from granting or denying, for any reason it deems sufficient, an application to do business on the airport for the purpose of selling, furnishing or establishing non-aviation products and supplies or any service or business of a nonaeronautical nature, or the application by a person for an area on the airport for the personal non-profit use of such person.
SECTION 4. SUPPORTING DOCUMENTS If requested by the Board, the applicant shall submit the following supporting documents to the Board, together with such other documents and information as may be requested by the Board; to-wit:
1. A current financial statement prepared or certified by a Certified Public Accountant.
2. A written listing of the assets owned or being purchased which will be used in the business on the airport.
3. A current credit report covering all areas in which the applicant has done business during the past ten years.
4. A written authorization for the F. A. A. and the C. A. B. , and all aviation or aeronautic commissions, administrators, or departments of all states in which the applicant has engaged in aviation business to supply the Board with all information in their files relating to the applicant or his operation. The applicant shall execute such forms, releases and discharges as may be requested by any of these agencies.
SECTION 5. AIRPORT LICENSE AND LEASES NON-TRANSFERABLE No right, privilege, permit or license to do business on the Idaho County Airport, or any lease of any area of the airport shall be assigned, sold or otherwise transferred or conveyed in whole or in part without the prior consent of the Board.
SECTION 6. TIE-DOWN RATES Rates charged for hangar space, T-Hangar rentals, tie-downs, and service charges in connection with aircraft shall not be excessive, discriminatory nor otherwise unreasonable, and shall be filed with the Airport Manager. Transient and home-owned aircraft using parking facilities of the airport, not under lease to fixed base operators, shall be charged in accordance with rates on file with the Airport Manager.
SECTION 7. REFUSE No person shall throw, dump or deposit any waste, refuse or garbage on the airport. All waste, refuse or garbage shall be placed and kept in closed garbage cans or containers and all operating areas shall be kept in a safe, near, clean and orderly manner at all times and in such a manner as to minimize any hazards.
SECTION 8. APPROVAL OF CONSTRUCTION No buildings, structures, tie-downs, ramps, paving, taxi areas, or any other improvement or addition on the airport shall be placed or construed on the airport, or altered or removed without the prior approval of the Board. In the event of any construction, the Board may, in its discretion, require an appropriate bond to guarantee the completion of the construction in accordance with the Board approval.
SECTION 9. OPERATION AREA No person authorized to operate on or conduct business activities on the airport shall conduct any of its business or activities on any area except those specified by the Board, or the Airport Manager, and the leased areas.
SECTION 10. FIXED BASE OPERATORS
1. No person shall use the airport as fixed base operator until such person has applied for and received from the Board a fixed base operator’s license and has met the qualifications, standards and requirements of these rules and regulations. A fixed base operator shall be a person who carries on all of the following services for profit on the Idaho County Airport:
A. Aircraft sales.
B. Parts and accessories sales.
C. Charter operations which include, without limitation, passenger or ‘air-taxi’; freight or delivery; photography, aerial survey; agricultural spraying, etc.
D. Aircraft rental.
E. Flight instruction or ground schools.
F. Maintenance services which shall include services in one or more of the following:
1. Airframe overhaul and repair;
2. Engine overhaul and repair;
3. Radio and electrical shop;
4. Instrument shop;
5. Aircraft interior work;
6. Refinishing and painting.
G. Line services which shall include one or more of the following services:
1. Supplying the fuel, oil and other fluids;
2. De-icing fluid;
H. Aircraft storage, inside and/or outside.
2. In order to qualify for the respective services mentioned in paragraph 1 of this Section, the fixed base operator shall, in addition to meeting all other requirements and qualifications set out in these rules and regulations, meet the following minimum qualifications:
A. AIRCRAFT SALES. The fixed base operator shall provide the office required by these rules, and shall lease from the Port on the Airport an area of sufficient size to permit the storage and/or display of all aircraft for sale or used in the aircraft sales business. Lease terms and rentals shall be set by the Board.
B. PARTS AND ACCESSORIES SALES. A fixed base operator shall be licensed to conduct one or more other fixed base operator services and provide suitable space for the display and sale of such items.
C. CHARTER OPERATIONS. A fixed base operator shall provide the office required by these regulations; shall own at least one aircraft based on the Idaho County Airport which is so equipped and maintained as to comply with the applicable rules and regulations of the C. A. B. and the F. A. A.; and shall lease from the airport an area on the airport of sufficient size to accommodate all such buildings, and all aircraft that will be used in such charter operations. Lease terms and rentals shall be set by the Board.
D. AIRCRAFT RENTAL. A fixed base operator shall provide the office required by these rules and shall lease from the Port an area on the Airport of sufficient size for the buildings and to accommodate all aircraft that will be used by the operator. Lease terms and rentals to be set by the Board.
E. FLIGHT INSTRUCTION OR GROUND SCHOOL. A fixed base operator shall provide the office building required by these rules which shall be of sufficient size as to provide a suitable classroom, and shall lease from the Port an area on the Airport of sufficient size to accommodate the buildings and all aircraft that will be used by the fixed base operator; and shall own and have based upon the Airport one or more aircraft suitable for flight instruction which comply with the rules and regulation of the F. A. A. and C. A. B. Lease terms and rentals shall be set by the ‘ Board.
F. MAINTENANCE SERVICES. A fixed base operator shall provide a shop building of sufficient size to accommodate at least one twin-engine private aircraft together with all tools and equipment and the office required by these rules. In addition the fixed base operator shall equip the shop with such tools, machinery, equipment, parts and supplies normally necessary to conduct a full time business operation in connection with the maintenance service being offered. Such shop shall be staffed by mechanics and personnel who are qualified and competent and who hold any and all certificates necessary from the C. A. B. or F. A. A. Lease terms and rentals shall be set by the Board.
G. LINE SERVICES. A fixed base operator shall be licensed to provide at least one other fixed base operator service and shall provide the office required by these rules. In addition, the fixed base operator shall provide and maintain all necessary pumps, tanks, and/or mobile gas trucks, gassing islands and areas, ramps and other gassing facilities that may be necessary, provided, however, the fixed base operator shall not place or maintain any gassing facilities on the airport, mobile or fixed, which is not previously approved by the Board. The fixed base operator shall not deliver fuel into any aircraft unless the fuel has first been placed in a suitable and approved filtration tank. There shall be no fueling direct from a common carrier transport truck into refueler without filtration. Each fixed base operator offering line services shall maintain enough full time attendants on duty to service aircraft without unreasonable delay during the normal times and weather for this type of service. The fixed base operator shall offer night service by having an attendant available who will respond by a telephone call to a telephone number conspicuously posted at the facility. The fixed base operator with gassing facilities shall at all times maintain an adequate supply of the gasses, oils and fluids normally called for on an Airport. If the fixed base operator maintains a mobile gas truck, he shall operate this truck only on the area leased by him and such other areas as the Airport Manager may designate from time to time. The fixed base operator must have an area of sufficient size to accommodate the line services and flow of traffic in and out of the line services, for all buildings and for the parking or storing of all aircraft used by the fixed base operator in his operations, and for his customers’ aircraft. Lease terms and rentals shall be set by the Board.
H. AIRCRAFT STORAGE. For outside aircraft storage the fixed base operator must be licensed to supply at least one other fixed base operator’s service in addition to the qualifications thereof; have a paved tie-down area of sufficient size to accommodate all aircraft used by the fixed base operator in his operations and all aircraft that will be parked or stored by the operator. If the fixed base operator will offer inside hangar of T-Hanger storage, the operator shall have an area of sufficient size to accommodate the building or buildings with proper access. Lease terms and rentals shall be set by the Board.
I. AIRLINE SERVICES. A fixed base operator shall be licensed to provide at least one other fixed base operator service, shall maintain on hand and available all equipment, tools, parts, and inventory necessary to properly conduct the service and shall conduct this service in only, those areas specified or authorized by the Airport Manager.
3. Each fixed base operator shall, upon being authorized by the Board and as the construction of any required physical facilities permit, immediately commence and conduct on a full time basis all business activities and services authorized.
4. Except in cases of fixed base operators offering T-hanger or inside hangar aircraft storage only, each fixed base operator shall provide and maintain an office which shall be staffed and open to the public during the. normal business hours of each normal business day which shall be the operator’s office of place of business on the airport and shall provide therein at least a waiting room with appropriate furnishings, separate restrooms for men and women and a public telephone. These facilities and office shall be kept in a neat, clean and orderly condition and properly painted. Only one office shall be required of each fixed base operator. No fixed base operator, or its employees, agents, officers or other persons connected with the business shall use the office, area or other facilities of any other fixed base operator without the consent of said fixed base operator.
5. The fixed base operator and all personnel and employees shall be competent and shall hold all current, valid certificates, permits, licenses or other authorities required by the C. A. B, and the F. A. A., including any required F. A. A. Air Taxi permits and Public Service Commission certificates. Fixed base operators shall not utilize any pilot in any aircraft operations who does not hold valid and current certificates from the C. A. B. and F. A. A. necessary for him to conduct such activities.
6. Each fixed base operator approved shall enter into an agreement with the Port which includes an agreement on the part of the fixed base operator to accept, be bound by, comply with and conduct his business operations in accordance with these rules and regulations and to agree that his license and authority to carry on business on the Idaho County Airport shall be subject to the terms and conditions set out in these rules and regulations and the revocation or termination thereof is herein provided.
7, Unless otherwise agreed to by the Board, the fixed base operator shall, at his own expense, provide, construct, install, equip and maintain all utilities, buildings, structures, ramps, tie-down areas, taxi-ways, fences and all other facilities and improvements requested or approved by the Board as being advisable and necessary for the fixed base operator to carry on the activities or services authorized by the Board. The Board may in its discretion, provide Port assistance in the development of the operation area.
8. The fixed base operator shall promptly pay when due, all charges for sewer, water, power, telephone service, and all other utilities and services supplied to his operation on the airport, -all wages or salaries and all rentals, fees and payments payable to the Board.
9. Plans and specifications for all construction shall be submitted to the Board for their approval within 90 days after approval of the application and construction thereon shall commence within 90 days after approval of the plans and specifications by the Board. All construction shall be completed by the fixed base operator within one year from the date of the Board approval of the plans and specifications. These times may be extended by the Board upon good cause shown by the fixed base operator. All construction shall comply with all applicable building codes and ordinances.
10. Airport areas on which fixed base operator facilities, if any, are to be constructed or operated shall be specified by the Board or the Airport Manager in accordance with these rules and the Master Plan of the Idaho County Airport.
11. Unless otherwise provided by the Board, all operations of the fixed; base operator shall be conducted on one area of sufficient size to accommodate all services for which the operator is licensed, allowing for future growth and additional services as contemplated by the Board, Airport Manager or the applicant, at the time of application, to the extent however, that space is available on the airport. The fixed base operator shall carry on his business operations strictly within the area assigned him by the Board or the Airport Manager and his operations shall not in any way interfere with the operations of other fixed base operators, agencies or other businesses operating on the airport; the use of the airport by the general public; or with any common use areas. The fixed base operator shall not use any common use areas except as authorized by these rules or the Airport Manager.
12. For a fixed base operator to qualify for a license he must have available sufficient operating funds to conduct the proposed business for a period of at least twelve (12) months.
13. A fixed base operator shall cooperate with the Airport Manager in operation, management and control of the Airport and shall do all things reasonable to advance or promote the Idaho County Airport and aeronautical activities thereon and to develop the airport into an attractive, efficient and modern airport.
14. All complaints against any fixed base operator for violation of these rules shall be made in writing signed by the party submitting the complaint and shall specify dates, times and witnesses, if any.
15. The fixed base operator agreed to indemnify, defend, and save the Idaho County Airport, its authorized agents, officers, representatives and employees harmless from and against any and all actions, penalties, liability, claims, demands, damages, or loss resulting from claims or court actions, whether civil, criminal or in equity, and arising directly or indirectly out of acts or omissions of the fixed base operator, his (its) agents, employees, servants, guests or business visitors.
16. To guarantee performance of paragraph 15 above the fixed base operator shall secure public liability and property damage insurance on which the County of Idaho shall be named as joint assured with the fixed base operator. Such policies of insurance shall be maintained in full force and effect during all terms of existing leases, agreements or business licenses or renewals or extensions thereof. Such policies shall be for not less than the amount of $50,000 for one person and $100,000 for one accident and shall be placed with a reputable company approved by the County Board. Copies of all such policies of insurance shall be delivered to the Board and shall be held for the benefit of the parties as their respective interests may appear. The amounts of said insurance shall not be deemed a limitation on the fixed base operator’s liability to the County and if the County or any of its authorized agents, officers, representatives or employees becomes liable for an amount in excess of the insurance, the fixed base operator will save and hold them harmless for the whole thereof.
17. The fixed base operator shall furnish all services authorized or licensed by the Board on a fair, equal, and not unjustly discriminatory basis to all users thereof and shall charge fair, reasonable, and not unjustly discriminatory prices for each unit or service; provided, that the fixed base operator may make reasonable and non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers, if permitted by law.
18. The Board shall have the right in its discretion to terminate any lease or other agreement authorizing the fixed base operator to conduct any services or business on the airport and to revoke any fixed base operator’s license, authority or permit to do business upon the Idaho County Airport for any cause or reason provided in these rules, or by law and in addition thereto, upon the happening of any one or more of the following:
A. Filing of a petition voluntarily or involuntarily, for the adjudication of the fixed base operator as a bankrupt;
B. The making by the fixed base operator of any general assignment for the benefit of creditors;
C. The abandonment or discontinuance of any permitted operation at the airport by the fixed base operator or the failure to conduct them on a full time basis without the prior approval of the Board;
D. Except for payment of rents, charges, fees and other payments to be paid to the County, the failure of the fixed base operator to remedy any default or breach or violations by him, or his personnel in keeping, observing, performing, and complying with Chapters 1, 3 and 5 of these rules and regulations and the terms, covenants and conditions in any lease or agreement entered into pursuant hereto on the part of the fixed base operator to be performed, kept or preserved, within thirty (30) days from the date written notice from the Airport Manager has been mailed or delivered to the place of business of the fixed base operator at the Idaho County Airport;
E. The failure to promptly pay to the County, when due, all rents, charges, fees and other payments which are payable to the County by the operator;
F. The fixed base operator, or any partner, officer, director, employee or agent thereof commits any of the following:
1) Violates any of the rules of Chapter 2 of these rules; or
2) Engages in unsafe or abnormal or reckless practices in the operation of an aircraft on or in the vicinity of the Idaho County Airport, which creates a hazard to the safety of other airport users, other aircraft, or the general public, or endangers property, or which could, if any emergency developed foreseeably result in causing personal injuries or death to a person or damage to property; or
3) Causes personal injury to or the death of a person, or property
damage involving in excess of $500 for repairs or loss;
4) Operates the business of the fixed base operator in such a fashion as to create a safety hazard on the airport for other airport users, aircraft or property on the airport, the general public or the airport, or any pilots, students or passengers.
G. Any party applying for a fixed base operator’s license, or who is interested in the business, supplied the Board with any false information; or misrepresented any material fact to the Board in the application, supporting documents, or in statements to or before the Board; or failed to make full disclosure to the Board in the application, the supporting documents or in statements to or before the Board.
In the event of such termination, the fixed base operator shall forthwith peaceably vacate the airport and surrender possession of the premises to the County and cease and desist all business operations on the airport. Should the Operator fail to make such surrender, the County of Idaho shall have the right at once and without further notice to the fixed base operator to enter and take full possession of the space occupied by the fixed base operator on the airport by force or otherwise, and with or without legal process to expel, oust and remove any and all parties and any and all goods and chattels not belonging to the County of Idaho that may be found within or upon the same at the expense of the Operator and without being liable to prosecution or to any claim for damages therefore. Upon such termination by the County all rights, powers and privileges of the fixed base operator hereunder shall cease, and the fixed base operator shall immediately vacate any space occupied by it under this agreement or any lease or leases and shall make no claim of any kind whatsoever against the County of Idaho, its agents or representatives by reason of such termination or any act incident thereto.
19. In addition to all other rights and remedies provided in these rules, the County of Idaho shall have any and all other remedies at law or in equity, including the equitable remedy of injunction, to enforce these rules and regulations.
20. Subject to the terms of any written agreement or lease, the Board, in its discretion, may permit the fixed base operator to remove from the airport any buildings or structures thereon owned or constructed thereon by the Operator.
21. To the extent necessary to protect the rights and interests of the County of Idaho, or to investigate compliance with the terms of these rules and regulations, the Airport Manager, any member of the Board, the County Engineer, the County Attorney and any other agent of Idaho County shall have the right to inspect at all reasonable times all airport premises together with all structures or improvements, and all aircraft, equipment and all licenses and registrations.
22. Each fixed base operator shall be responsible for the removal of snow and ice from all his leased areas and areas in which he is authorized to operate, and shall keep his leased areas and areas in which he is authorized to operate free and clear of a11 weeds, rocks, debris and other material which could cause damage to aircraft, buildings, persons or automobiles as the result of aircraft engine operation. The County may, at the request of the Operator and in the discretion of the Airport Manager assist the fixed base operator in snow, ice and week removal, provided such operator shall assume the liability of the County’s actions in this regard and shall indemnify and hold the County, its officials, officers, agents and employees harmless from all liability in connection with al things done by the County pursuant thereto and in connection with such snow, ice and weed removal.
23. The fixed base operator shall park and store the aircraft used in his operations and his customers’ aircraft on his assigned area only, unless he arranges for such par king with another fixed base operator, or the Airport Manager.
SECTION 11. WAIVER OF CHAPTER 3 PROVISIONS The Board may, in its discretion, waive all or any portion of Chapter 3 of these rules and regulations for the benefit of any commercial airline, any Government or Governmental agency or department or person performing non-profit public services to the aircraft industry, or performing air search and rescue operations, or performing fire prevention or fire fighting operations.
SECTION 12. BUSINESS NAME No person shall conduct business operations on the airport under a business name the same as or deceptively similar to the business name of any other fixed base operator previously established on the airport.
SECTION 13. Nothing contained in these rules and regulations shall be construed as requiring the County to maintain, repair, restore or replace any structure, improvement or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the County.
CHAPTER 4
PENALTIES
SECTION 1. In addition to any penalties otherwise provided by County Resolution, ordinance, law, the Civil Air Regulations or the Federal Aviation Regulations, and all other rules and regulations of the Civil Aeronautics Board and the Federal Aviation Agency, any person violating these rules or regulations, or operating or handling any aircraft in violation of these rules and regulations, or failing or refusing to comply with these rules and regulations, may be promptly removed or ejected from the airport by or under the authority of the airport manager, or upon his order such person may be temporarily grounded or deprived of the further use of the airport and its facilities pending presentation of the matter to the Board. Such matters shall be presented to the Board as soon as practicable and at least by the next regular meeting of the Board, at which time the violator shall appear before the Board and show cause, if any, why he should not be deprived of the further use of the airport and its facilities. Upon the order of the Board such person may be deprived of the further use of the airport and its facilities for such length of time as may be deemed necessary by the Board to insure the safeguarding of the airport, its operations and the public use thereof and the County’s interest therein.
SECTION 2. Any person violating these rules, the traffic laws of the State of Idaho in connection with vehicular traffic on the airport shall be subject to prosecution in the appropriate court for such violation.
CHAPTER 5
POSTING OF RULES
SECTION 1. These rules and regulations shall be posted in the office building of each fixed base operator.
CHAPTER 6
GOVERNMENT AGREEMENTS
SECTION 1. During the time of war or national emergency the County shall have the right to lease the airport, or the landing area, or any part thereof to the United States Government for military or naval use, and, any license or authority granted under these rules and any lease and agreement executed pursuant hereto shall be subject to such Government lease and the provisions of the Government lease shall control insofar as they are inconsistent with the said Operator’s agreement, lease or authority.
SECTION 2. Any license, authority, lease or agreement entered into pursuant to these regulations shall be subject and subordinate to the provisions of any existing or future agreement between the County of Idaho and the United States, relative to the operation or the maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds for the development of the airport.
CHAPTER 7
AIRPORT MASTER PLAN
SECTION 1. The County may, without the knowledge, consent or approval of any fixed base operator or other person licensed to do business or use part of the airport, make changes in the Master Plan of the Airport and in its planning and policies in connection with the development of the airport. The Board reserves the power to designate as common use areas such portions of any leased area or areas used by any fixed base operator as shall be necessary for the development of the airport or for the flow of aircraft traffic to other areas on the airport.
CHAPTER 8
TITLE
SECTION 1. These rules and regulations may be known and cited as the AIRPORT RULES.