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Any person operating or handling an aircraft in violation of any of these rules, or refusing to comply therewith, may at once be ejected from the airport, or may for any period of time, not exceeding thirty (30) days, be excluded from the airport by the city administrator or his designated agent, and upon hearing by the city council may be further deprived of the use of the airport and its facilities for such period of time as may appear necessary for the protection of life and property. Any violation of this article shall be a misdemeanor, punishable by fine as provided for in section 1.01.009 of this Code of Ordinances.
(1989 Code, ch. 1, sec. 14(F))
No person, firm, association, corporation or entity, incorporated or otherwise, shall use the airport for any commercial activity, unless approved by a written operating agreement from the city council.
(1989 Code, ch. 1, sec. 14)
The mayor of the city shall, with the consent of the city council, appoint an airport advisory board consisting of three (3) members. Said appointees shall serve for the term of one (1) year without compensation. Terms will be commensurate with the calendar year. Upon expiration of the initial term, said appointee would be eligible, upon the pleasure of the mayor and city council, for reappointment to a second term; however, no appointee may serve more than two consecutive terms. The board would have no regulatory authority, but would assist in assuring compliance with all rules and regulations affecting the airport. The board will also be a communicative link between the users of the airport and the city administrator to promote the use, viability, and security of the facility.
(1989 Code, ch. 1, sec. 14(B))
The following rules and regulations shall be observed in the use, operation and conduct of the Caldwell Municipal Airport:
(1) 
Rule 1. Federal air traffic rules.
The federal air traffic rules promulgated by the Federal Aviation Administration (FAA), for observance by aircraft operated anywhere in the United States, presently or hereafter effective, are hereby referred to, adopted and made a part hereof as though fully set forth and incorporated herein.
(2) 
Rule 2. Safeguarding of persons and property.
The city administrator or his designated agent shall at all times have authority to take such action as may be necessary to safeguard any person, aircraft, equipment or property at the airport.
(3) 
Rule 3. Lease of airport property; erection and maintenance of hangars; tie-down of aircraft; fees and security deposits.
(A) 
The city may lease property within the building area or other portions of the airport for the private construction of hangars, buildings, aprons, taxiways and auto parking lots in accordance with plans approved by the city council. All leased property, together with all buildings or structures erected thereon, shall be utilized only for aviation-related activities. The city may also assign tie-down spaces for aircraft. All persons, companies or corporations leasing property or having an assigned tie-down space at the Caldwell Municipal Airport shall be required to deposit security to cover any losses incurred by the city caused by any such leaseholder or tie-down space holder.
(B) 
The city council shall adopt rules regulating the use of the airport and its facilities, including setting fees for such use, and setting the terms and amounts of security to be deposited as set forth above.
(C) 
Said rules and regulations adopted by the city council are considered inclusive as a part of the code as if stated verbatim and must be complied with in their entirety.
(4) 
Rule 4. Unauthorized structures.
No structure may be erected beyond the building restriction line or in conflict with a plan approved by the city council.
(5) 
Rule 5. Construction.
All construction must be authorized and should be able to withstand sustained winds of eighty-five (85) miles per hour.
(6) 
Rule 6. Unauthorized signs, equipment, etc.
No signs or equipment or portable buildings and house trailers may be erected, moved in or installed except as may be specifically authorized by the city administrator or his designated agent.
(7) 
Rule 7. Suspicious activities.
All suspicious or unauthorized activities shall be reported immediately to the city administrator, the city police department or other law enforcement agency.
(8) 
Rule 8. Lien possessory right.
To enforce the payment of any charge, the city administrator may retain possession of personal property until all reasonable, customary and usual compensation shall have been paid in full.
(9) 
Rule 9. Wrecked aircraft; abandoned property.
Every aircraft owner, his pilot and agents shall be responsible for the prompt removal of wrecked aircraft, damaged aircraft or other personal property, and abandoned property. Property shall be deemed abandoned if not removed within fourteen (14) days after written notice from the city administrator or mayor to the purported owner, his pilot or agent. If any such personal property is not removed from the airport premises within such time limit, the city may remove and dispose of the property in any manner it deems reasonable, and shall bill the owner of such property for the expense incurred in removing such property. The city shall have a lien to enforce the payment of such expenses.
(10) 
Rule 10. Hazardous materials; agricultural spraying operations; storage of aviation fuel.
(A) 
No person, company or corporation may treat, store, deliver to, load, receive or dispose of hazardous substances on airport property. “Hazardous substances” are those substances identified as hazardous under all federal, state and local environmental laws and regulations, including the Resource Conservation and Recovery Act, as amended, the Comprehensive Environmental Response Compensation and Liability Act, as amended, the United States Environmental Protection Agency, as amended, and the rules and regulations of the state commission on environmental quality.
(B) 
In the event the airport is used as a base for aircraft involved in agricultural spraying operations or handling hazardous substances, each agricultural spray operator or person handling hazardous substances shall be required to provide evidence of security in the minimum amount of fifty thousand dollars ($50,000.00) conditioned that the city shall recover any losses or damages it may suffer due to such operations. The security shall be in a form acceptable to and approved by the city. All such agricultural spraying operations or handling of hazardous materials shall be conducted in compliance with all federal, state and local environmental laws and regulations. No person involved in agricultural spraying operations or handling of hazardous materials shall wash or clean any aircraft used in such operations, or flush the spray tanks of such aircraft, on airport property, or conduct any activity thereon which could result in a residue of such material on the surface or in the soil of the airport property.
(C) 
Any person who violates this section shall be responsible for all costs and claims against the city, including all expenses of testing, cleanup and remediation and all other costs associated therewith.
(D) 
No aviation fuel or related substance shall be stored on airport property without written approval of the city.
(11) 
Rule 11. Damage to airport.
Any person, corporate or individual, and the owner of any aircraft causing damage of any kind to said airport, whether through violation of any of these rules or through any act of negligence, shall be liable therefor in and to the city.
(12) 
Rule 12. Injury to persons or property.
Any person going upon the grounds of Caldwell Municipal Airport, or using it for any purpose, shall do so at his own risk, to person or property, and shall hold the city harmless for and on account of any injury and damage to person or property suffered thereby. Such person shall be bound by and obey the rules and regulations concerning and pertaining to said airport.
(13) 
Rule 13. Licensed pilots.
Only aircraft and pilots licensed by the Federal Aviation Administration shall operate upon or over Caldwell Municipal Airport. Provided that this limitation shall not apply to students in training under licensed instructors nor to public aircraft of the federal government or of a state, territory or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft.
(14) 
Rule 14. Use of another’s property.
Unless authorized by the owner in writing, the use of any aircraft, parts, equipment, accessories or tools of another, situated on said airport, is forbidden.
(15) 
Rule 15. Intoxicants and narcotics forbidden.
No person under the influence of an intoxicant or narcotic shall operate or fly in any aircraft upon or over said airport.
(16) 
Rule 16. Glass.
No bottles or glass shall be left or broken upon the floor of any building or upon any part of the surface area of the airport.
(17) 
Rule 17. Vehicular traffic.
No vehicles shall be allowed on airport property except those authorized by the city. No vehicle shall be allowed on the runway, taxiway or transient parking apron unless such vehicle is engaged in a legitimate maintenance, inspection or emergency activity which has received prior approval of the city.
(18) 
Rule 18. Tie-down of aircraft.
All aircraft not hangared shall be tied down or secured at night and during inclement weather. Each aircraft’s main gear will also be set with blocks (wheel chocks).
(19) 
Rule 19. Damage to runway lights.
Any person damaging any field light or fixture by operation of an aircraft or otherwise shall immediately report such damage to the city administrator or his designated agent. Failure to report such damage may result in prosecution under this article and/or appropriate sections of the Penal Code of the state.
(20) 
Rule 20. Taxiing aircraft.
Aircraft will be taxied at a safe and prudent speed, and in such manner as to not cause injury to persons or damage to property, public or private.
(21) 
Rule 21. Parking aircraft.
Aircraft will not be parked in such a manner as to hinder the normal movement of other traffic unless specifically authorized by the city administrator or his designated agent. It is the responsibility of the pilot when leaving xa parked aircraft unattended to see that the brakes are set or that the plane is properly chocked and/or tied down. Pilots are prohibited from loading or unloading aircraft with the engine(s) running.
(22) 
Rule 22. Fire prevention.
Every person going upon or using the airport or its facilities in any manner shall exercise the greatest care and caution to avoid and prevent fire. Smoking within fifty (50) feet of any fueling operations is prohibited.
(23) 
Rule 23. Aircraft license.
All aircraft parked at Caldwell Municipal Airport must have a valid current license. Any aircraft out-of-license will be found to be in violation of this code. The city will duly notify the owner of such violation by certified mail to the last known address. Failure to remedy this licensing violation or remove this aircraft from the premises within the specified time, as stated in the notice, will constitute abandonment and forfeiture of all rights of possession thereto. The city will have the aircraft removed from the premises and disposed of based on what is in the best interest of the city. All costs related to such disposition will be assigned as a legal debt of the previous owner.
(1989 Code, ch. 1, sec. 14(C); Ordinance adopted 11/21/00, sec. I)
By publication of this article, all persons will be deemed to have knowledge of its contents. The rules concerning the use of the Caldwell Municipal Airport shall be posted in a place where all users will have access to them.
(1989 Code, ch. 1, sec. 14(D))
If and where there is conflict in these rules and regulations of any other jurisdiction having control over aviation and aviation-related activities conducted at the Caldwell Municipal Airport, the rules of the latter shall prevail.
(1989 Code, ch. 1, sec. 14(E))