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HomeMy WebLinkAboutORDINANCE NO. 8852I 354 ORDINANCE N0. 8852 v AN ORDINAN CE Providing for licenses, occupational taxes, fees and regulations governing the Eugene Airpark; providing for penalties and declaring an emergency. T:dE CITY OF EUGENE DOES ORDAIN AS FOLLOVITS: Section 1. This Ordinance shall be deemed a regulatory ordinance and the fees, licenses and charges exacted shall be deemed for the purpose of regulation and control of the Eugene Airpark. Section 2. It shall be unlawful for any person, firm or corporation to have or maintain an airplane upon the Eugene Airpark or to make use of the Eugene Airpark without first having complied with the provisions of this ordinance and the regulations promulgated by the Council. Section 3. All airplanes regularly using the facilities of the Eugene Airpark shall be required to first obtain a license to do so. Licenses and~or permits shall be classified as follows: - A. COA?MhRCIAL OPERATOR'S LICEi3SE: A Commercial Operator is defined as a person or i ~ persons regularly using the Eugena Airpark and~or other Air Park facilities for business or commercial purposes that shall include the following: Flight training; charter and~or sight'seeing flight; sales demonstration of airplanes; mechanical services, or any other i purpose for which a charge is made or fee collected in connection therewith. Before a commercial operator shall sell or offer for sale any service and or merchandise, he shall first make application through the office of the Airpark Manager for a license to be j designated as a "Commercial Operator's License." ` Such application shall be made to the Airport Manager on a form or forms to be i prescribed by the Airport Manager, which application shall set forth the applicant's name. i firm name, the number of aircraft to be operated on the field, a description of the planes to be so used, the type of service or services to be sold or offered for sale, j and any other information that the Airport Manager may deem necessary. The application shall be for an annual license arLd shall be accompanied by a i ~ fee of X200.00. The license shall expire at the end of the current fiscal year from the i date of issuance, and shall ue renewable only upon application and the payment of the i X200.00 fee. This application shall be filed with the Airport Manager and his endorsement i ~; and the Manager's signature upon the license, together with that of the City Manager, shall be required. i OCCUPATIONAL TA%: The holder of an approved Commercial ©perator's License shall ~ be sub3ect to the payment of an occupational tax to the City of Eugene, the tax to be based on 5f of the gross income derived from the planes so licensed. On or before the fifth day of each calendar ;uo~lth the liedxise holder shsll file with the office of the ~ Airport Manager a complete statement of gross earnings accruing from the use and operat- ~, ion of each plane or by the licensee during the preceding ealend^.r ::~onth. This report 3~5 to be made on a form or forms furnished by the City of Eugene, shall contain a sworn statsment as to the earnings shown thereon and must be accompanied by a remittance representing the sum equal to 5q of the earnings Shawn on the report. This report shall be subject to an audit by the proper city authorities. Failure to file this report or misrepresentation of figures on gross earnings shall be deemed sufficient cause for sus- pension of or revocation of the license. B. PRIVATE OPERATOR'S LICENSE: A Private Operator shall be defined as one owning or operating an airplane regularly from the Eugene Air Park for personal uses only and for none of the purposes as enumerated above under the classification of "Com- mercial Operator." Each private operator shall first make application through the office of the Airport Manager for a private operators field permit on a form or forms to be ,i su lied b the Air ort Mara er. This ermit a lication to be made annually and to be PP y P g P Pp accompanied by a remittance of °5.00 which shall constitute an`annual City license fee. C. CLUB OPERATORS: Members of any club associated together as an aviation club, society, or organization must first secure a "Club License" in the same manner as provided for a Commercial or Private Operatorts License. Such licenses to entitle the members of this group to operate for general purposes any airplane jointly owned by the membership of the group. The annual license fea shall be equivalent to X3.00 per member per year, payable annually at the time of making application for the Club License. The hiring out or rental of a plane jointly owned by club members shall make such group :ilibjeC-t. ;,c t e rwyu,er~t of a Commercial Gperator's License as outlined above. Section 3. All licenses above referred to shall be for the fiscal ye ar period beginning July Ist and ending June 30th of the following year. Licenses will be pro- rated on a semi-annual basis, as follows: 1. Co~ereial Operator: Half Year License X125.00 2. Private License: " " " 3.00 3. Club License per r,.ember: " " " 1.75 All applications for license abovo referred to shall be made through the office of the Airport 1~anager. Such applications when approved shall be submitted to the office off' the City Treasurer who will collect the fee as sho~m on the application, and issue the license. Section 1.E. RULES: AND REGULATIONS: The Council shall adopt end cause to be made and posted at the office of the Airport Manager and at the office of the City Recorder, certain rules and regulations governing the use of the field. Such rules and regulat- ions shall be administered by the Airport Manager and he shall have the right and authority to enforce such rules, to issue warnings to violators of the same, and to suspend or revoke any city license or permit issued to the plane owner. In case of a violation of this ordinance or of the regulations herein provided, in addition to any other penalty, licenses or permits may be revoked. In event of revocation of license or permit the holder or holders of the same shall have the right to appeal such action of the Airport Manager to the membership of the Eugene Airport Caznmission. The Airport 0 Commission as an advisory body shall examine into the facts of the ease and shall submit 3~6 to tFie Common Council any recommendations that it deems proper as to the revocation of license or permit. The Council shall thereupon hold a hearing upon five days notice to the offender. Action of the City Council in upholding such revocation or ordering restoration of license shall be conclusive and their action shall be final, Section 5. Any person, firm or corporation violating any of the provisions of this Ordinance shall be punished upon conviction in the Municipal Court by a fine of not to exceed X200.00 and by imprisonment in the City Jail one day for each X2.00 of the fine unpaid, provided, haNrever, that all rules, re galations, fees, taxes, etc., shall be subject to and be superseded by any applicable governmental :cgulations that are ncn+r or shall be put into effeot by the Civil Aeronautics Authority or other governmental agencies. Section b. UVHEREAS, the City of Eugene Air Park is being placed in operation and planes are operating on the field s.nd until this Ordinance goes into effect are not subject to any Local regulations, an emergency is declared to exist and it is hereby declared to be necessary to the peace, health and safety of the City of Eugene that this Ordinance take effect immediately upon its passage by the Council and approval by the Mayor, and it is so ordered. Passed by the Common Council this 10th day of September, 191.E5. Approved by the Mayor this 11th day of September, 191.5. John Fields City Recorder Earl L Mc2dutt Mayor l