Admin Order 58-22-27-F -- Final Airport Rule and Minimum Standards

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8 g. As further described in these Rules and Standards (e.g. Subdivision III, Section A.III), Aeronautical Activities may be undertaken that do not fall within the categories designated herein with the Consent of the Airport Director. h. Subdivision III (Minimum Standards) are intended to: (a) maintain a baseline quality of service for Airport users, (b) protect Airport users from unlicensed and unauthorized products and services, (c) enhance the availability of adequate services for all Airport users, (d) promote the orderly development of Airport land, (e) provide a clear and objective distinction between service providers that will provide a satisfactory level of service and those that will not, and (f) prevent disputes between aeronautical service providers. i. All Leases and other Agreements authorizing the use of Airport property and facilities will require compliance with the Rules and Standards. j. The City recognizes the jurisdiction of the federal government, delegated to the FAA concerning the certification and regulation of pilots, air carriers and Aircraft; navigable airspace; safety and security; and authorized uses of Airport facilities. Nothing herein is intended to assert jurisdiction by the City over matters under the exclusive jurisdiction of the federal government, and the provisions hereof shall be interpreted consistent with this purpose. k. References and citations in the Rules and Standards to ordinances, laws, rules, regulations, codes, policies, standards, and guidelines issued by the State of Oregon, the United States, and public and private bodies with jurisdictional rights over the City and include any amendments as may be adopted thereto after the City’s adoption of these Rules and Standards. The City intends to review the Rules and Standards periodically and adopt revisions as deemed appropriate. II. Effectiveness and Amendment a. Except as required by the terms of an existing Agreement that does not conform to these Rules and Standards, the Rules and Standards apply to all users of and Persons on any part of the Airport; Persons that conduct business at the Airport; Through-the-Fence Operations or business conducted at the Airport by off-Airport Persons. b. The provisions of Subdivision III (Minimum Standards) apply to any new Agreement and, at the Airport Director’s sole discretion, to any amendment, including without limitation extensions or renewals, of an existing Agreement authorizing Aeronautical Activity at the Airport. It will be presumed that Subdivision III (Minimum Standards) will not apply to any Agreement existing at the time of adoption of the Rules and Standards except as may be provided for in the Agreement. A Person may request an advisory opinion from the Airport Director as to the application of Subdivision III to such Person. The Airport Director’s advisory opinion may be appealed as provided in Section C(II) (Administrative Appeal). c. Any waiver or variance from the existing Minimum Standards will automatically terminate upon the termination of such Agreement and the applicable Rules and Standards will apply for all future Agreements. d. The City may, at its sole discretion, waive all or any provision of these Rules and Standards for the benefit of the government or governmental agencies conducting Aeronautical Activities at the Airport, but only upon determining that any such waiver will not have a materially negative impact on safety and security. The City further may waive all or any provision of these Rules and Standards in the event of a bona fide emergency, which may include for example, and without limitation, a natural disaster, acts of terrorism, a pandemic where government restrictions are imposed to ensure the safety of the general public, or other similar events. In furtherance of the foregoing, the City may waive application of any or all of these Rules and Standards for the Oregon Civil Air Patrol and the United States