CHAPTER 97: AIRPORTS

Section
General Provisions
97.001 Definitions

Administration
97.015 Department of Aviation established
97.016 Director of Aviation; appointment
97.017 Director of Aviation; powers and duties
97.018 Director of Aviation; responsibilities
97.019 Department of Aviation; funds
97.020 Airport Advisory Board; organization
97.021 Airport Advisory Board; purposes
97.022 Airport Advisory Board; quorum; voting
97.023 Airport Advisory Board; chair; meetings
97.024 Airport Joint Zoning Board

Public Use
97.035 Free use of facilities
97.036 Hours
97.037 Regulation of conduct; removal of persons and aircraft
97.038 General use restrictions
97.039 Signs; approval required
97.040 Unauthorized entry to aircraft areas
97.041 Traffic code applies; accident reports
97.042 Lost articles

Aircraft Operation
97.055 Pilot license required
97.056 Airworthiness certificate
97.057 Compliance with FAA rules
97.058 Right-of-way; taxiing restrictions
97.059 Take-off and landing restrictions
97.060 Operating under the influence
97.061 Running up engines; restrictions
97.062 Fire prevention regulations
97.063 Aircraft accident reports

Standing and Parking; Vehicles and Aircraft
97.075 Park vehicles in designated area
97.076 Distance from fire hydrant
97.077 Parking aircraft after sunset
97.078 Disabled aircraft; standing restrictions
97.079 Unattended aircraft
97.080 Illegally parked aircraft; impoundment and redemption
97.081 Aircraft not to stand on runway during instruction

Unlawful Acts
97.095 Unauthorized use of aircraft or equipment
97.096 Unauthorized work on aircraft
97.097 Unrestrained animals
97.098 Soliciting
97.099 Unauthorized lights and signs
97.100 Destruction of property
97.101 Litter
97.102 Weapons and explosives
97.103 Operation of other airborne objects
97.104 Recreational activities

Commercial Use
97.115 Contract required
97.116 Fees and charges authorized
97.117 Fees payable; delinquency
97.118 Place of payment
97.119 Use before payment prohibited
97.120 Agreements; liens to secure payment
97.121 Rental of hangars, storerooms, and aircraft parking spaces
97.122 Conditions of lease or contract
97.123 Ground rental for facility construction
97.124 Rental of non-aviation buildings and areas
97.125 Grant of exclusive right prohibited; lease of excessive space prohibited

GENERAL PROVISIONS

§ 97.001 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

AIR CARRIER. Any aircraft operated for hire in which a pilot is provided, either for training purposes or passenger or cargo purposes, operated on scheduled or non-scheduled flights, including any aircraft operated or owned by an airport transport line, air feeder line, air cargo line, or charter service, and excluding any resident private aircraft or aircraft of an aircraft service operator engaged only in student flying activities or sightseeing flights.

AIRCRAFT. Any weight-carrying structure for navigation in the air and which obtains support by
dynamic reaction of the air to any obstruction connected with the structure. Helicopters are considered
AIRCRAFT. Gliders and ultralights are recreational vehicles and not considered as AIRCRAFT under this definition.

AIRCRAFT SERVICE OPERATOR. Any person or company engaged in the demonstration of
aircraft and aircraft parts, the retail or wholesale distribution of aircraft and aircraft parts, aircraft fuel,
aircraft repairs, aircraft storage, aircraft servicing, student flight training, sightseeing by aircraft, aerial
spraying, aerial advertising, maintenance, servicing, sales, storage, rentals, or instruction for which a fee
or service charge is assessed or received.

AIRPORT. The landing field and all property and facilities within the area constituting the fenced
enclosure known as the McGregor Executive Airport, formerly known as the McGregor Municipal Airport, located on Highway 84, seven miles east of the city. The word AIRPORT shall include the land, buildings, roads, hangers, landing area, and all property of the city included within the airport area of the city.

CONCESSIONAIRE. Any person engaged in the operation of any restaurant, newsstand, vending
machine, shop, or business, other than the business of an aircraft service operator, or the sale of any goods, wares, or merchandise other than aircraft, aircraft parts, gasoline, or oil.

DIRECTOR OF AVIATION. The administrative head of the Department of Aviation of the city.

LANDING AREA, RUNWAYS, TAXIWAYS, AND THE LIKE. The landing area, runways,
taxiways, loading aprons, parking aprons, parking areas, and other areas and buildings referred to in this chapter shall respectively refer to and indicate the particular type of area or building as designated on the ground by signs or markers or upon the airport layout plan of the airport.

PRIVATE AIRCRAFT. Any aircraft other than an air carrier or aircraft service operator aircraft.
(Prior Code, § 2A-1) (Ord. passed 3-18-1991; Am. Res. passed 1-10-2000)

ADMINISTRATION

§ 97.015 DEPARTMENT OF AVIATION ESTABLISHED.
The city owns the Executive Airport which is located within the corporate limits of the city. There is hereby created a Department of Aviation of the city government to operate the airport, which department shall be under the general supervision of the City Manager.
(Prior Code, § 2A-2) (Ord. passed 3-18-1991; Am. Res. passed 1-10-2000)

§ 97.016 DIRECTOR OF AVIATION; APPOINTMENT.
The affairs of the Department of Aviation shall be administered by an official who shall have the title of Director of Aviation and this Director shall be appointed by the City Manager.
(Prior Code, § 2A-3) (Ord. passed 3-18-1991)

§ 97.017 DIRECTOR OF AVIATION; POWERS AND DUTIES.
(A) The Director of Aviation shall have the authority to appoint, employ, and remove those officers,
assistants, employees, and personnel according to authorized budgeted positions for the efficient
administration of the affairs of the Department of Aviation and to prescribe and fix their duties, scope of
authority, and qualifications. All assistants, employees, and personnel of the Department of Aviation shall be governed by the personnel rules and position classification and pay plan established for all other
employees of the city.

(B) The Director of Aviation shall have the responsibility and the authority to plan, organize, and
direct the operation of the airport and otherwise advise, coordinate, and promote activities in the field of aviation so as to further the best interests of the city. The Director of Aviation in exercising this authority shall have the power to establish airport administrative rules and regulations, which do not conflict with the provisions of this chapter, and established standards that are necessary to govern the safe and efficient operation of the airport.

(C) The Director of Aviation shall have the authority to suspend or restrict any or all air or ground
operations on the airport without regard to weather conditions whenever he or she believes these actions to be necessary in the interest of public safety.
(Prior Code, § 2A-4) (Ord. passed 3-18-1991)

§ 97.018 DIRECTOR OF AVIATION; RESPONSIBILITIES.
(A) The responsibilities of the Director of Aviation shall include, but not be limited to: furthering the
policies established by the City Council and City Manager; making recommendations to the Airport
Advisory Board, the City Manager, and the City Council regarding any extension, improvements, and
additions to the airport; enforcing the rules and regulations for the airport; monitoring the leasing of lands and facilities for the privilege of doing business on the airport; scheduling rental rates and other fees and charges for tenants and other lessees of airport property; reviewing, recommending, and submitting all applications for use and operation of the airport; enforcing traffic laws on airport property; establishing zones for loading or unloading passengers from aircraft and vehicles at the airport; establishing loading zones for the loading and unloading of material at the airport: designating restricted areas within the airport; designating areas for placing, discarding, or depositing in any manner any litter, offal, garbage, trash, debris, junk, or any refuse on the airport; advising, coordinating, and promoting activities in the field of aviation so as to further the best interest of the city; and other duties and responsibilities as may from time to time be assigned by the City Manager.

(B) The primary responsibility for the design, establishment, promulgation, and coordination of any
special police, fire, and health instructions and procedures effective at and upon the airport shall rest with the Director of Aviation, assisted or advised by the Chief of Police, the Fire Chief, and other departments and agencies of the city government as special problems or circumstances may require.
(Prior Code, § 2A-5) (Ord. passed 3-18-1991)

§ 97.019 DEPARTMENT OF AVIATION; FUNDS.
The Department of Aviation shall be operated as an enterprise fund of the city and as such shall be
appropriated all receipts and revenues from the operation of the airport. In addition, the City Council may, in its discretion, appropriate other revenues to the Department of Aviation. The City Council may choose to assess the Department of Aviation for services provided by other city departments. The funds allocated to the Department of Aviation shall be managed and disbursed in accordance with all applicable statutes, charters, ordinances, or other regulations governing same.
(Prior Code, § 2A-6) (Ord. passed 3-18-1991)

§ 97.020 AIRPORT ADVISORY BOARD; ORGANIZATION.
(A) There is hereby created and established an Airport Advisory Board consisting of four members
appointed for a term of three years or until their term is ended by forfeiture or resignation or until their
respective successors shall have been appointed and duly qualified. Board members shall be appointed
in such a manner as to create staggered terms. A quorum shall consist of three members.

(B) Vacancies shall be filled through nomination by the Mayor and approval by vote of the City
Council for the unexpired term of any member whose term becomes vacant. Each member of the Board shall be a citizen of the city and be interested in the development of aviation. The ex officio members shall include a representative of the City Manager’s office, the Director of Aviation, and the City Attorney. Ex officio members shall participate in the work of the Board, but shall not have a vote in its official actions.

(C) The Chair of the Board shall have the authority to appoint committees; however, the final action
taken by the Board with regard to any matter shall be by the Board as a whole.

(D) The Board is authorized to recommend rules and regulations within the guidelines established by
the City Council, as may be necessary for the orderly and efficient conduct of business.
(Prior Code, § 2A-9) (Ord. passed 3-18-1991)

§ 97.021 AIRPORT ADVISORY BOARD; PURPOSES.
The Board shall have the general purpose of advising the City Council in matters pertaining to the airport as follows:

(A) To make recommendations as to fees, charges, improvements, and needs of the airport, and other
matters as may be assigned to it by the City Council;

(B) To keep abreast of legislation, whether federal or state, having application to the airport, and from
time to time advise the City Council regarding same;

(C) To advise upon ways and means to strengthen and improve operations of the airport; and

(D) To investigate and advise the City Council on land development and capital improvement for the
airport.
(Prior Code, § 2A-10) (Ord. passed 3-18-1991)

§ 97.022 AIRPORT ADVISORY BOARD; QUORUM; VOTING.
Three members of the Board shall constitute a quorum. The vote of three members (excluding ex officio members) shall be necessary to adopt, approve, pass, or act upon any matter.
(Prior Code, § 2A-11) (Ord. passed 3-18-1991)

§ 97.023 AIRPORT ADVISORY BOARD; CHAIR; MEETINGS.
The Board shall select one of its members as Chair and shall adopt its own rules and methods of procedure. The Board shall select a time and place of meeting which shall be open to the public unless,
in the opinion of the Chair, some meeting or portion thereof should be closed to the public.
(Prior Code, § 2A-12) (Ord. passed 3-18-1991)

§ 97.024 AIRPORT JOINT ZONING BOARD.
(A) There is hereby created a joint airport zoning board in accord with the Airport Zoning Act, Tex.
Loc. Gov’t Code, Chapter 241, to be known as the City and County Joint Airport Zoning Board, which shall have the powers and exercise the duties set forth by the Airport Zoning Act.

(B) The Joint Airport Zoning Board shall be composed of five members, two to be appointed by the
City Council, and two members to be appointed by the Commissioner’s Court of the county. The fifth
member shall be elected by a majority of the members so appointed, and this fifth member shall serve as Chair of the Joint Airport Zoning Board.

(C) The City Council consents and authorizes the Board to appoint the city’s Planning and Zoning
Board as the Airport Zoning Commission.

(D) The City Council consents and authorizes the Board to appoint the city’s Zoning Board of
Adjustment as the Airport Zoning Board of Adjustment.

(E) The City Council also consents and authorizes the Board to appoint the city as the administrative
agency of the airport zoning regulations.
(Prior Code, § 2A-19) (Ord. passed 3-18-1991)

PUBLIC USE

§ 97.035 FREE USE OF FACILITIES.
(A) Except as otherwise specifically provided in this chapter, the owners and operators of private
aircraft may use the runways, taxiways, aircraft parking aprons (except for overnight or permanent
parking), hangar ramps, vehicle parking areas, and roadways of the airport in common with others without charge; provided, however, that this use conforms in all respects to the airport rules, air traffic patterns, ground rules, and other rules, orders, and ordinances promulgated by the Director of Aviation and the City Council relating to aircraft, air services, and aviation, and to the civil air regulations and air traffic rules of the Federal Aviation Administration or other proper agency of the government of the U.S. and the state.

(B) No person may occupy or use any area of the airport, except the common use areas described in
this section, without permission of the Director of Aviation or written agreement approved by the City
Council.
(Prior Code, § 2A-24) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.036 HOURS.
The airport shall be open for public use at all hours of the day subject to the restrictions provided in
this chapter and to other restrictions due to inclement weather, the condition of the landing area, and
presentation of special events, and like causes, as may be determined by the Director of Aviation.
(Prior Code, § 2A-25) (Ord. passed 3-18-1991)

§ 97.037 REGULATION OF CONDUCT; REMOVAL OF PERSONS AND AIRCRAFT.
(A) Any person making use of any area at the airport, or found thereon or being thereon, shall be held
to have consented to all ordinances of a general nature as being applicable to his or her conduct in or over the airport, just as they are applicable to any person within the city.

(B) All general ordinances of the city pertaining to the conduct of persons shall be in full force and
effect at the airport. The Chief of Police, or any police officer under this authority, has the authority to
enforce any violation of any code provisions, ordinances, or rules or regulations pertaining to the airport.

(C) The Director of Aviation may promulgate rules and regulations as necessary to ensure the orderly
conduct of the affairs of the airport. However, these rules and regulations must first be approved by the
City Council. The rules and regulations, when adopted and approved, shall be printed, and copies put in prominent places throughout the airport. A copy of the regulations shall be given to all persons entering lease agreement to conduct activity on the airport at the time a lease is entered into.

(D) The Director of Aviation shall have the authority to remove aircrafts or persons from the airport
who are in violation of any of the rules or regulations set forth as provided above. Any towing charges
necessary to remove aircraft will be charged against the owner of that aircraft, and, upon failure to pay,
shall become a lien against the aircraft.
(Prior Code, § 2A-26) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.038 GENERAL USE RESTRICTIONS.
(A) Payment of fees; obedience to rules. The right to use the airport or to exercise any privilege in
connection therewith, for any purpose, whether that right is granted generally by the provision of this
chapter or by lease, contract, permit, or license, expressed or implied, shall be subject to the conditions
that:

(1) All fees or charges in connection with use or privilege be paid as the same accrue and become payable;

(2) All terms and provisions of this chapter be fully and in good faith observed; and

(3) All orders, rules, or regulations made by the Director of Aviation be fully and in good faith observed.

(B) Termination of privileges. The right to use the airport or to exercise any privilege in connection
therewith may be terminated by the Director of Aviation upon the breach of any of the foregoing
conditions and any right or privilege so forfeited shall be reinstated or renewed only upon those terms and conditions as the City Council shall deem necessary to assure that the foregoing conditions will be
satisfied. The use of the airport or the exercise of any privilege in connection therewith shall constitute
an acceptance of the foregoing conditions and an acknowledgment that this use or privilege is subject
thereto.

(C) City’s right to deny privileges for fully used facilities. The right to use or exercise any privilege
at or in connection with the airport is limited by the extent of the facilities available therefor at the airport, and there is hereby reserved to the city, in the public interest, the right to deny to any person the use of, or the exercise of any privilege at or in connection with the airport whenever facilities or because existing facilities are then being fully utilized by others.

(D) City’s right to deny privileges to unfit persons. There is hereby further reserved to the city, in the public interest, the exclusive right to judge, determine, and pass upon the qualifications and fitness of any person to use or exercise any privilege at or in connection with the airport, and to deny an unqualified or unfit person this use or privilege whenever, in the judgment or opinion of the City Council, that action is necessary or desirable for the purpose of promoting the protection and preservation of the public health, safety, order, property, and general welfare of the city and its inhabitants.
(Prior Code, § 2A-27) (Ord. passed 3-18-1991)

§ 97.039 SIGNS; APPROVAL REQUIRED.
No sign, or billboard or advertising device, shall be installed, erected, constructed, or maintained
within the boundaries of the airport unless and until the location, size, height, materials, and subject matter thereof have been approved in writing by the Director of Aviation.
(Prior Code, § 2A-28) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.040 UNAUTHORIZED ENTRY TO AIRCRAFT AREAS.
It shall be unlawful for any person to drive any vehicle or walk or be carried upon or to enter the
aircraft parking aprons, taxiways, runways, or landing area of the airport at any time for any purpose not authorized by the Director of Aviation.
(Prior Code, § 2A-29) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.041 TRAFFIC CODE APPLIES; ACCIDENT REPORTS.
(A) The traffic code of the city now in effect and hereafter amended or supplemented shall be applicable to and is hereby extended so as to apply to the airport.

(B) All persons involved in any accident occurring on the premises of the airport shall report same to the Director of Aviation or the City Police Department as soon as possible giving all pertinent information requested by the person in charge.
(Prior Code, § 2A-30) (Ord. passed 3-18-1991)

§ 97.042 LOST ARTICLES.
All lost articles shall be turned in to the Director of Aviation’s office by the finders. Any found articles not claimed in 60 days will be disposed of as determined by the Director of Aviation.
(Prior Code, § 2A-50) (Ord. passed 3-18-1991)

AIRCRAFT OPERATION

§ 97.055 PILOT LICENSE REQUIRED.
(A) Aircraft to be operated only by licensed pilots. No aircraft shall take off or land at the airport
unless it is being navigated by a pilot holding an effective, valid pilot’s certificate issued by the proper
agency of the government of the U.S., an effective foreign pilot’s certificate validated by the proper agency of the government of the U.S., or a qualified student pilot.
(Prior Code, § 2A-31)

(B) Starting aircraft engine without competent operator or pilot. It shall be unlawful for any person to start or run any aircraft engine at the airport without a competent operator or pilot at the controls of the aircraft.
(Prior Code, § 2A-32)
(Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.056 AIRWORTHINESS CERTIFICATE.
No aircraft shall take off or land at the airport unless the aircraft holds an effective, valid certificate of airworthiness from the proper agency of the government of the U.S., and the aircraft is operated according to the terms thereof.
(Prior Code, § 2A-33) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.057 COMPLIANCE WITH FAA RULES.
It shall be unlawful for any person to navigate any aircraft over, land upon or take off from, or service,
repair, or maintain any aircraft on the airport, or conduct any operation on or from the airport otherwise
than in conformity with the rules and regulations of the Federal Aviation Administration of the U.S., and
those rules and regulations are hereby referred to, adopted, and made a part of this chapter as fully in all respects as if particularly set forth in this chapter.
(Prior Code, § 2A-34) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.058 RIGHT-OF-WAY; TAXIING RESTRICTIONS.
(A) Taxiing aircraft shall have the right-of-way in preference over vehicles or pedestrians.

(B) No vehicle shall be operated on airport runways, taxiways, ramps, or other air side areas of the airport unless that vehicle operation has been approved by the Director of Aviation.

(C) It shall be unlawful for any person at the airport:

(1) To taxi any aircraft on a loading apron or parking apron at a speed in excess of ten miles per hour, or to taxi any aircraft not equipped with adequate brakes on a loading apron or parking apron at any
speed unless an attendant is at all times beside at least one wing tip;

(2) To taxi an aircraft on a loading apron so as to enter any area where passengers are entering or leaving any aircraft;

(3) To taxi any aircraft in the vicinity of aircraft landing or taking off, or to fail to completely stop an aircraft being taxied in the vicinity of aircraft landing or taking off;

(4) To taxi any aircraft upon a runway except as a necessary part of taking off or landing; or

(5) To taxi any aircraft at night or after sunset unless the navigation lights are turned on and burning.
(Prior Code, § 2A-35) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.059 TAKE-OFF AND LANDING RESTRICTIONS.
(A) Taking off or landing at other than runway. It shall be unlawful for any person to take off or land any aircraft, except in case of emergency or accident, on any aircraft parking apron, hangar apron, taxiway, or any other place at the airport other than an active runway.
(Prior Code, § 2A-36)

(B) Taking off or landing contrary to UNICOM instructions or traffic pattern. It shall be unlawful
for any person to take off or land any aircraft at the airport contrary to the instructions of the UNICOM, if operative, or the air traffic pattern established for the airport.
(Prior Code, § 2A-37)
(Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.060 OPERATING UNDER THE INFLUENCE.
It shall be unlawful for any person to take off, land, or operate any aircraft from, at, or over the airport
while under the influence of or using any intoxicating liquor or habit-forming drug.
(Prior Code, § 2A-38) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.061 RUNNING UP ENGINES; RESTRICTIONS.
It shall be unlawful for any person to run up or check any aircraft engine at any place without having
adequate brakes fully set or without having the wheels set with blocks, or to start or run any aircraft engine in any hangar at the airport.
(Prior Code, § 2A-45) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.062 FIRE PREVENTION REGULATIONS.
It shall be unlawful for any person at the airport, except an aircraft service operator:

(A) To fuel or drain any aircraft while the engine is running, or while in a hangar or other enclosed place, and without equipment for grounding static electricity continuously during the fueling or draining operation;

(B) To transport onto the airport, or to keep or store cylinders, flasks, or containers of any flammable
fuel or hazardous materials in any hangar except in the fuel tanks of aircraft or those other containers as
may have been approved in advance for use by the Director of Aviation;

(C) To clean, repair, paint, or assemble motors, aircraft parts, or aircraft within the storage area of any
hangar when flammable fluids or substances or open flames are used in that cleaning, repairing, or
assembling; or

(D) To smoke, or ignite any match or cigarette lighter in any hangar or building used for the storage or repair of aircraft or fuel thereof, except in offices, waiting rooms, or portions of those buildings in which
smoking is authorized by the Director of Aviation.
(Prior Code, § 2A-46) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.063 AIRCRAFT ACCIDENT REPORTS.
The operator of an aircraft involved in an accident occurring on the airport shall immediately, and by
the most expeditious means available, notify the Director of Aviation and the Federal Aviation Administration. The report shall contain the following information: location; date; time; aircraft make,
model, and registration number; name of operator; number of people involved; injuries to each person; and weather conditions. When a written report of any accident is required by the Federal Aviation Regulations, a copy of that report may be submitted to the city in lieu of the report that is required above.
(Prior Code, § 2A-51) (Ord. passed 3-18-1991)

STANDING AND PARKING; VEHICLES AND AIRCRAFT

§ 97.075 PARK VEHICLES IN DESIGNATED AREA.
It shall be unlawful for any person to park an automobile or other vehicle at the airport outside of the
limits of the designated parking area.
(Prior Code, § 2A-39) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.076 DISTANCE FROM FIRE HYDRANT.
No aircraft or vehicle shall be parked within 25 feet of a fire hydrant.
(Prior Code, § 2A-40) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.077 PARKING AIRCRAFT AFTER SUNSET.
It shall be unlawful for any person to leave any aircraft standing or parked at the airport outside of a designated parking area during the hours of darkness, unless the navigation lights are turned on and burning. (Prior Code, § 2A-41) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.078 DISABLED AIRCRAFT; STANDING RESTRICTIONS.
(A) It shall be unlawful for any person to leave any disabled or wrecked aircraft overnight on any taxiway, runway, or any place at the airport other than a designated aircraft parking area, unless specific prior authority has been granted by the Director of Aviation.

(B) If any person refuses to move an aircraft as directed by the Director of Aviation, that aircraft may
be towed away at the owner’s or operator’s expense and without liability for damage which may result in the course of or after that moving. The same shall apply to removal of a wrecked or damaged aircraft and its parts.
(Prior Code, § 2A-42) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.079 UNATTENDED AIRCRAFT.
It shall be unlawful for any person to leave any aircraft unattended at the airport on any taxiway, runway, or area other than a designated parking area, or to fail to securely tie down any unattended aircraft.
(Prior Code, § 2A-43) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.080 ILLEGALLY PARKED AIRCRAFT; IMPOUNDMENT AND REDEMPTION.
Aircrafts which are parked, stored, or abandoned contrary to the provisions of this subchapter may be
impounded. Redemption of aircraft which have been impounded will necessitate the owner or operator
paying all fees accrued against that aircraft, to include towing and storage fees incident to impoundment.
The city may remove aircraft from an illegal parking place by engaging private towing services or an
aircraft service operator. Any charges resulting from these activities shall be charged against the registered owner of the aircraft.
(Prior Code, § 2A-44) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.081 AIRCRAFT NOT TO STAND ON RUNWAY DURING INSTRUCTION.
It shall be unlawful for any person to leave any aircraft on the landing or take-off area of the airport for the purpose of instructing students between flights.
(Prior Code, § 2A-47) (Ord. passed 3-18-1991) Penalty, see § 10.99

UNLAWFUL ACTS

§ 97.095 UNAUTHORIZED USE OF AIRCRAFT OR EQUIPMENT.
It shall be unlawful for any person to borrow, use, or enter any aircraft, or borrow or use aircraft parts
or accessories or tools or other equipment owned or controlled by any other person and stored or therwise left at the airport, without the consent of the owner or operator thereof.
(Prior Code, § 2A-48) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.096 UNAUTHORIZED WORK ON AIRCRAFT.
It shall be unlawful for any person who is not the owner, pilot, or employee of the owner of any aircraft to work on that aircraft on the ramp or landing area or in a private hangar of the airport.
(Prior Code, § 2A-49) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.097 UNRESTRAINED ANIMALS.
It shall be unlawful to bring or allow any unrestrained animal onto a city airport.
(Prior Code, § 2A-52) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.098 SOLICITING.
It shall be unlawful to solicit funds or anything of value, or to solicit any business or trade, including
transportation of persons or baggage for hire, on the airport without a lease, permit, or concession from
the city.
(Prior Code, § 2A-53) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.099 UNAUTHORIZED LIGHTS AND SIGNS.
It shall be unlawful to post, distribute, or display lights or signs at the airport without specific authorization from the Director of Aviation.
(Prior Code, § 2A-54) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.100 DESTRUCTION OF PROPERTY.
It shall be unlawful to wilfully destroy, injure, deface, disturb, mutilate, uproot, tamper with, or do harm in any way to any building, sign, equipment, marker, or other structure, flower, tree, shrub, lawn, vending machine, or any other real or personal property on the airport, whether the same be determined public or private.
(Prior Code, § 2A-55) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.101 LITTER.
It shall be unlawful to place, discharge, or deposit in any manner any litter, offal, garbage, trash, debris, junk, or any refuse on the airport except at those places and under those conditions as the Director
of Aviation may prescribe.
(Prior Code, § 2A-56) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.102 WEAPONS AND EXPLOSIVES.
(A) It shall be unlawful to carry any prohibited weapon, as defined in the Tex. Penal Code, on any
area of the airport except by officers specifically authorized by federal or state law, or city ordinances, to do so or where same is done as a legitimate shipment of freight, or by a permit from the city.

(B) It shall be unlawful to bring any explosive substance, as defined in the Tex. Penal Code, upon any
area of the airport without the prior approval of the Director of Aviation and/or the Federal Aviation
Administration.

(C) It shall be a defense to a prosecution under this section that these activities were necessitated by a prevailing emergency.
(Prior Code, § 2A-57) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.103 OPERATION OF OTHER AIRBORNE OBJECTS.
It shall be unlawful to operate or release any glider, ultralight vehicle, kite, balloon, model aircraft, model rocket, or parachute upon or above the airport without written permission from the Director of Aviation.
(Prior Code, § 2A-58) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.104 RECREATIONAL ACTIVITIES.
It shall be unlawful to use city airport premises for the purpose of camping, picnicking, hunting, athletic games or contest, or other recreational activities, unless approval therefor is granted by the Director of Aviation.
(Prior Code, § 2A-59) (Ord. passed 3-18-1991) Penalty, see § 10.99

COMMERCIAL USE

§ 97.115 CONTRACT REQUIRED.
Any person, business, association, or club desiring to engage in commercial enterprise on the airport, or use the airport for, or operate any aircraft on the airport for commercial purposes, must have a contract
in writing approved by the City Council prior to that commercial operation. Persons or businesses authorized to operate on the airport will comply with all provisions of this chapter.
(Prior Code, § 2A-70) (Ord. passed 3-18-1991)

§ 97.116 FEES AND CHARGES AUTHORIZED.
Any person, business, association, or club authorized by the City Council to use any part of the airport
for commercial purposes may be required to pay fees or charges for the privilege of using the airport. Fees or charges may include landing fees; land, building, or office space rental; concessionaire, fuel service, and motor carrier operations; auto and aircraft parking; aircraft service operations; land use for farming; and other fees and charges determined to be appropriate to support airport operations. The amount of fees and charges will be as established by the City Council from time to time, or as agreed to by the person or business and approved by the City Council.
(Prior Code, § 2A-71) (Ord. passed 3-18-1991)

§ 97.117 FEES PAYABLE; DELINQUENCY.
(A) All fees prescribed shall be payable as agreed to in contract with the city.

(B) The amount of these fees accrued and not paid on or before the date the same become due and
payable shall bear interest from the due date until paid at the rate of 10% per annum.
(Prior Code, § 2A-72) (Ord. passed 3-18-1991)

§ 97.118 PLACE OF PAYMENT.
All fees or rentals prescribed by this chapter shall be paid to the city at the municipal building or at
those other places as designated by the City Manager.
(Prior Code, § 2A-73) (Ord. passed 3-18-1991)

§ 97.119 USE BEFORE PAYMENT PROHIBITED.
It shall be unlawful for any person who incurs or who is directly or indirectly responsible for incurring any fees or charge of any nature or kind whatsoever levied or imposed by, or payable to or for the benefit of the city on account of, or as a result of, the use of the airport; or the furnishing or sale of any services, goods, wares, or merchandise to, for, or in connection with any aircraft owned, operated, or otherwise in the possession or under the control or supervision of that person unless and until all these fees and charges have been satisfied and paid in full, and the Director of Aviation is hereby authorized and instructed to close and deny to that person the use of runways, taxiways, and other parts of the airport capable of being used for taking-off aircraft unless and until these fees and charges have been so satisfied and paid.
(Prior Code, § 2A-74) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.120 AGREEMENTS; LIENS TO SECURE PAYMENT.
The right to use the airport or to exercise any privilege in connection therewith, where the use or privilege is subject to any fee of charge provided by this chapter, is reserved for the city and withheld from every person unless and until the payment of these fees or charges to accrue and be incurred have been secured by express agreement with the city, and every person who shall use the airport or exercise any privilege in connection therewith, without first having expressly provided by agreement with the city for security for these fees and charges, shall, by the act of using the airport or exercising and privilege in connection therewith, grant and give, and consent to, a lien in favor of the city in the amount of the fees and the charges incurred by him or her then or thereafter, for that use of privilege, upon all property which he or she shall at any time use, or have in his or her control, at the airport, in the same manner and to the same extent as if that lien were expressly agreed to and contracted for, and any such lien shall be foreclosed as provided by Tex. Rules of Civ. Pro., Rule 309.
(Prior Code, § 2A-75) (Ord. passed 3-18-1991)

§ 97.121 RENTAL OF HANGARS, STOREROOMS, AND AIRCRAFT PARKING SPACES.
To reduce the administrative burden of recurring approvals by the City Council, the Director of
Aviation is authorized to execute agreements for rental of city-owned hangers, aircraft parking space, and storerooms on behalf of the city as follows:

(A) The rental rates will be established by the City Council;

(B) The term of any lease will not exceed 12 months, but may automatically be renewable on an annual basis with written notice;

(C) Hangars may be leased for storing items other than aircraft with the provision in the lease that if
the hangar is subsequently required to meet the needs for aircraft storage, the lessee will vacate the hangar at his or her expense within 30 days upon written notification; and

(D) Hangars may be leased for commercial use only upon separate contract and approved by the City
Council.
(Prior Code, § 2A-76) (Ord. passed 3-18-1991)

§ 97.122 CONDITIONS OF LEASE OR CONTRACT.
Every lease or contract made under this subchapter shall be subject to the following provisions, conditions, and covenants, whether expressed therein or incorporated therein by reference or not:

(A) The lessee or user shall restore all buildings and the premises used to the same condition and good
order as that existing at the time of entering upon the same, ordinary wear and tear excepted, at or before
the expiration or termination from any cause of the lease or contract;

(B) The lessee or user shall remove all improvements and personal property placed thereon by him
or her at or before the expiration or termination from any cause of the lease or contract, and any
improvements or property not so removed shall thereupon be and become the property of the city;

(C) The lessee or user shall not make alterations, attach fixtures, or erect additions, structures, or signs
in or upon the premises leased, unless the plans and specifications therefor have been submitted to the
Director of Aviation and the same have been approved in writing by the Director of Aviation or by
resolution of the City Council;

(D) The lease or contract shall not be assigned, in whole or in part, without prior approval of the City
Council;

(E) The lessee or user shall keep the premises in a neat, safe, and sanitary condition at all times, and
the city, its officers, agents, and employees, shall have the right at reasonable times to enter and inspect
the premises and to make any necessary repairs thereto, or determine that any obligation or covenant of
the lessee or user to maintain the premises in good repair has been observed;

(F) The city has the right, as it sees fit, to further develop or improve that area of the airport or any
building or structure thereon and to take any action it considers necessary or advisable to protect the aerial approaches to the airport against obstruction and to increase the usefulness of the airport and prohibit and prevent structures and property which, in the opinion of the City Council, constitute a hazard to aircraft;

(G) The lessee or user shall carry fire, wind, and general liability insurance, as well as public liability
and property damage insurance, with that coverage as the City Council shall, from time to time, require
by ordinance or resolution upon the premises, equipment, and property under the control of the lessee or user;

(H) The lessee or user shall prevent his or her agents or employees, and all persons coming upon the
airport at his or her invitation, express or implied, or to transact any business with him or her, from going upon or being at any restricted or unsafe portion of the airport and shall assume all liability and responsibility for, and shall indemnify and hold harmless the city from, any damage or claim of any nature or kind whatsoever by any such agent, employee, or person, as well as the claims of any other person, arising from, or attributable directly or indirectly to, going upon or being at any restricted or unsafe portion of the airport;

(I) The lessee or user will indemnify and hold harmless the city from all claims or demands of any
kind or character whatsoever arising out of, or connected in any kind of way with, the demonstration of
aircraft and aircraft accessories or student flying activities conducted by the lessee or user, or his or her
agents, employees, or students, arising out of the operation of any aircraft owned or operated by him or
her, or his or her agents, employees, or students;

(J) As between the lessee or user and the city only, the lessee or user shall assume all risks of every
kind and character whatsoever incident to the use of the airport or exercise of any privilege in connection therewith, including specifically, but not being limited to, the risk of damage or injury arising from any act done or omitted to be done by any other lessee, user, or person, and the lessee or user shall indemnify and hold harmless the city, its officers, agents, or employees, arising out of the use of any airport or the exercise of any privilege in connection therewith by the lessee or the user, his or her agents or employees, or by any other person;

(K) The lessee or user, or his or her agents, employees, and students, shall fully and faithfully observe
all the ground rules, air traffic rules, and other rules, regulations, or orders relating to safety or the
prevention of unsafe practices which shall be promulgated from time to time by the Director of Aviation;

(L) The lessee or user, and his or her agents, employees, and students, shall fully and faithfully observe all ordinances of the city, all laws of the state, and the rules, regulations, and orders of any agency or department thereof, and all laws of the U.S. and the rules, regulations, and orders of any agency or
department thereof, and relating to air travel and commerce, aircraft, and the maintenance and operation of aircraft and facilities in connection therewith;

(M) All rents or charges shall be paid monthly in advance in cash to the city at the municipal building;

(N) All fees and other charges imposed by this chapter upon the lessee or user shall be paid at the time
and in the manner therein provided;

(O) The lease or contract shall cease and terminate and be ineffective as to any expired portion of the
term thereof automatically upon the expiration or termination of any permit or license granted to the lessee or user or required of the lessee to obtain or renew, or obtain the renewal of, any such permit or license;

(P) The rights of the lessee or user shall be subordinate to the provisions of any existing or future
agreement between the city and the U.S. relative to the operation or maintenance of the airport, the
execution of which was or may be required as a condition precedent to the expenditure of funds of the U.S. government for the development or improvement of the airport;

(Q) The rights of the lessee or user shall be subordinate to the provisions of any existing or future
agreement between the city and the U.S. for use of the airport or any part thereof during time of war or
national emergency for military or naval purposes, and that any provisions of the lease or contract shall
be suspended insofar as the same are inconsistent with the provisions of those agreements with the U.S.;

(R) Insofar as general municipal regulation is concerned, the lessee binds himself or herself, and his or her heirs, executors, and administrators to comply, at his or her own cost and expense, with all municipal regulations, ordinances, and zoning regulations now in force, or that may be hereafter enacted with regard to the use of the airport premises, including fees and rates charged; and

(S) In the case of default in any of the covenants or conditions, the city may enforce performance of the lease in any mode provided by law, and the lease may be forfeited at its discretion if the default continues for a period of ten days after the lessee or user is notified of the default continues and the intention to declare the lease forfeited, this notice to be sent by mail or otherwise to the leased premises; and thereupon (unless the default has been completely removed or cured) the lease or contract shall cease for the expiration of the term thereof, and the city, its agents, or attorney, shall have the right, without being deemed guilty of any manner of trespass and without prejudice, to any remedies for arrears of rent or breach of covenant, and the city shall have a lien as security for the unpaid rent upon the property of the lessee or user at the airport.
(Prior Code, § 2A-77) (Ord. passed 3-18-1991) Penalty, see § 10.99

§ 97.123 GROUND RENTAL FOR FACILITY CONSTRUCTION.
(A) No lease or contract for the use of a site or space at the airport for the construction, erection, or
installation by the lessee or user of any hangar or office space, store, restaurant, service establishment,
warehouse, or building or other facility shall be made covering any portion of the grounds of the airport
for so long as existing facilities at the airport are available and suitable for the intended purposes of the
lessee or the user.

(B) Leases or contracts for the use and occupancy of a site or space for the construction, erection, or
installation of any facility not available at the airport, or to take the place of unsuitable existing facilities
at the airport, shall be made and entered into upon application therefor in the manner and subject to the
terms and conditions provided in § 97.122 of this code, with the following exceptions in the case of a lease or contract for a site or space for any building, structure, or facility.

(1) The lease or contract shall be for a term, as determined by the City Council, on the basis of the area and space required, the location thereof, the type and nature of the building, structure, or facility, the purposes and intended use thereof, the cost thereof, and the rate of depreciation thereto.

(2) The original cost of constructing, erecting, or installing the building, structure, or facility may be prorated or amortized and may be in part or full satisfaction of all obligations of the lessee or user to pay any rental for and during the full term of the lease or contract.

(3) Upon completion of the building, structure, or facility, and during and upon expiration or termination of the lease or contract, the building, structure, or facility shall be and become the property of the city.

(4) The lessee or user shall keep the building, structure, or facility in good repair and in a safe, sanitary, and attractive condition, and shall landscape the area appurtenant thereto, during the entire term of the lease, and shall replace the same in the event it shall be destroyed by fire or other casualty during the term of the lease.

(5) The lessee or user may assign or sell the lease or contract to any person approved by the City Council
.
(6) The lease or contract shall be subject to those other and additional terms, covenants, and conditions as may be agreed to and incorporated in the lease or contract.
(Prior Code, § 2A-78) (Ord. passed 3-18-1991)

§ 97.124 RENTAL OF NON-AVIATION BUILDINGS AND AREAS.
The city, upon the recommendation of the Director of Aviation, shall designate buildings and areas on the airport that are not suitable for, or are not currently required for, air commerce or other aviation purposes and that are suitable or adaptable for use as warehouses, stores, service establishments, or any other commercial, industrial, or agricultural or livestock purposes not connected directly with air commerce or the furnishing of services or goods, wares, or merchandise to air passengers or aircraft owners or operators. Such non-aviation buildings and areas shall be leased by publicly inviting competitive bids. The Council shall determine the most advantageous bid for the city and shall award the lease to those bidders, but the Council shall have the right to reject any and all bids, and, in the event all bids are rejected, may call for new bids. Pending the time of submitting bids, the terms and conditions of the lease that is to be made and entered into with the successful bidder shall be on file in the office of the City Manager and the Director of Aviation for inspection of all persons desiring to bid. The building or area shall also be made available for inspection by all persons desiring to bid.
(Prior Code, § 2A-79) (Am. Ord. passed 3-18-1991)

§ 97.125 GRANT OF EXCLUSIVE RIGHT PROHIBITED; LEASE OF EXCESSIVE SPACE PROHIBITED.
There shall never be granted to any person the exclusive right for the use of any landing area or air
navigation facility or the exercise at the airport of any privilege to carry on any business, trade, or
profession for or in connection with the sale or furnishing of services, goods, wares, or merchandise to or for aircraft, or the operation or navigation thereof, and there shall never be leased at the airport any space or facility in excess of that reasonably necessary for the conduct and operation of the business, trade, or profession of the lease.
(Prior Code, § 2A-80) (Am. Ord. passed 3-18-1991)