HomeMy WebLinkAboutAdmin Order 58-89-02
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BEFORE THE CITY COUNCIL OF
THE CITY OF EUGENE
In re Review of the
Administrative Order
of the City Manager
adopting Rules
Governing the Use of
Mahlon Sweet Airport
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ORDER
The City Council of the City of Eugene finds as follows:
1. The City Manager is required to adopt rules
governing the use of Mahlon Sweet Airport under Eugene Code,
1971, Section 2.430(1). These rules are to be adopted or
revised under the procedures set out in sections 2.430 and
3.012 of the code.
2. The current rules were adopted in February, 1969
and no longer serve the needs of a larger airport facility.
3. The City Manager has adopted new rules governing
the use of Mahlon Sweet Airport. These rules have been
reviewed by the City Attorney's Office, the Department of
Public Safety and other affected city departments. They have
been approved by the Airport Commission. The Airport Manager
has met with different users of the Airport and obtained
additional comment on the rules. Comments and suggestions
have been received from the local and regional offices of the
Federal Aviation Administration.
4. Notice of intended rulemaking was published in the
Reqister-Guard on June 4 and June 11, 1989. Copies of the
proposed rules have been sent to all current operators at the
Airport and to persons who have commented upon or requested
copies of the rules. The rulemaking procedures comply with
section 3.012 of the Eugene Code, 1971.
5. The Council has reviewed the adopted rules pursuant
to Section 2.430 of the Eugene Code, 1971.
NOW, THEREFORE, the City Council of the City of Eugene
Orders that:
1. The "Rules Governing Use of Mahlon Sweet Airport"
approved by the City Manager on July 26, 1989, are approved.
These rules are effective as of the date of this order.
2. The pr ior rules governing use of Mahlon Sweet
Order - 1
Airport adopted by Resolution Nos. 1629, 2424 and 3598 are
not longer effective.
Dated this ~ day of August, 1989.
CJf?:d \.~((l?LW ~~
Council President
Order - 2
C,.fy ReCdrd.!!.v-
RULES GOVERNING USE
OF
MAHLON SWEET AIRPORT
EUGENE, OREGON
APPROVED AUGUST 1989
1 .
stOPE
1.1
1.2
1.3
1.4
1.5
1.6
2.
RULES GO~ER~l~G USE Of ~~HLO~ S~EEi ~lRPORi
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............. ..... ..... ............... .... ....... .......
1
1
1
1
1
1
1
Co 1/ e rag e ...............................................
Re 1 at ion to other LaWS .................................
~u t ho r 1 t Y ..............................................
Post, ng of Rules .......................................
~dopt,on of Rules ~ot Grant of Right ...................
sel/erabn ,ty ...........................................
1
nEf 1 ~ n 10NS ..................................................
1
2.1 Mronaut,cal act,l/,ty ..................................
1
2.2 ~,rcraft...............................................
1
2 . 3 ~ , rf' e 1 d area ..........................................
1
2. 4 ~,rport.. .. . . .. . .. . .. .. .. . .. .. . .. . .. . . .. .. .. .. .. . . .. . .. 1
2 . 5 ~ , rpo rt ~an ag e r ........................................ 2
2. 6 ~pp 11 cant .............................................. 2
2.7 p.pron or ~pron area ....................................
2
2 . B City. . . . . . . . . . . . . . . . . . . · . · . . . . . . . . . . . . . . . . . . . . . . . · . . . . .
2
2.9 City Io\anager ...........................................
2.10 commercial operat,on ................................... 2
2
2 .11 control i ower ..........................................
2
2.12 fAA...... ........ ..... .... .......... ....... .... ........
2
2 . 13 F ~R ....................................................
2
2 . 14 F1 re Chi e f .............................................
2
2 . 15 f u e 11 ng ................................................
2.16 Ground transportatiOn act,l/,ty ......................... 2
2.17 HazardouS materials .................................... 2
3
2.1B Io\otor I/eh,cle ..........................................
3
2. 19 Io\ol/ement area ..........................................
3
2.20 operator ............................................... 3
2 . 21 owner ..................................................
3
2 .22 Perm' t .................................................
3
2 . 23 pe r son .................................................
3
2.24 Restricted area........................................
2 .25 Rules...... . . . . . . . . . . . . . . . . . . . . . '. . . . . . . . . · . . . . . . · . . . . .' 3
2.26 ierm1na1 building or ~1rport term1nal .................. 3
3
~UiHOR 1 il( ....................................................
3
3. 1 ~,rport Io\anager ........................................ 4
3 . 2 ~ , rpo rt comm' s s , on .....................................
t\
RULES Of GE~ER~L ~PPLlC~BILnl( ............................... 4
4.1 ComP 11 ance w, th federal LaW ............................
4.2 Perm' t Requ' red ........................................ ~
4.3 operation of Io\otor ~eh,cles ............................
4 .4 Par\<. , ng ................................................ ~
4.5 RemOl/a1 of ~eh1cles ....................................
3.
4.
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4.6 Restricted I\.reas ....................................... 5
4 . 7 ~n , mal s ................................................ 5
4. B offens' I/e Conduct ...................................... 5
4.9 san'tat'on............................................. 5
4.10 Firearms, and Explos'l/es ............................... 5
4.11 Pic\<.et1ng, Demonstrations, Sol,citations and
Handbill s ........................................... 6
4.11.1 General policies .............................. 6
4.11.2 proh1 b' ted Conduct ............................ 6
4.11.3 I\.uthor,zat1on to ~irport Manager .............. 6
4.11.4 Des,gnated Speech I\.reas ....................... 7
4.11.5 limitations on Use of s,dewal\<' I\.rea ........... 7
4.11.6 Remol/a1 from ~'rport property................. 7
4.11.7 I\.dl/ance Notification .......................... 7
4.12 Interference with Operat,on of ~ircraft ................ 7
4.13 lost I\.rticles .......................................... 7
4.14 Use of Hazardous Mater,als and Enl/ironmental
law Comp 1 i ance ...................................... 7
4.15 f,re Regulations....................................... B
4.15.1 Open Flame operat,ons ......................... B
4.15.2 combustible Storage ........................... 8
4.15.3 Care of Waste ................................. 8
4.15.4 Floor Care .................................... 8
4.15.5 Clean,ng w,th Flammable liquids ............... 8
4.15.6 Spray Painting and Oop,ng ..................... 8
4.15.7 f,re Ext,ngu,shers ............................ 8
4.15.8 Storage of Fl ammab 1 e liquids .................. 9
4.15.9 Welding or Burning ............................ 9
4 . 16 S mo \<. i n 9 ................................................ 9
4.17 Vending Mach,nes and Newsrac\<.s ......................... 9
5. RULES OF lIMITED I\.PPlICI\.BIlIT'( ............................... 9
5.1 Repa,r of Motor Vehicles and I\.ircraft .................. 9
5 . 2 Use 0 f 1\.' r fi e 1 d I\. re a ................................... 9
5.2.1 Motor Vehicles/pedestr,ans ..................... 9
5.2.2 Exhaust Protect,on ............................. 10
5.2.3 limitation of Entry to I\.irfield I\.rea/Secur,ty ., 10
5.2.4 Par\<.ing of Motor Vehicles at I\.pron ............. 10
5.3 operat,on of Aircraft .................................. 10
5.3.1 Careless, Negl,gent or Rec\<.less operation
of Aircraft .................................10
5.3.2 Compl,ance w,th Offic,al Orders, Signals
and o,rect,ons .............................. 10
5.3.3 Two-Way Rad,o Required on A,rcraft ............. 10
5.3.4 Permission Required for Certain I\.ctil/it1eS ..... 11
5.3.5 Qual1ficat,ons for operat,on of A,rcraft ....... 11
5.3.6 Tax1,ng of ~,rcraft ............................ 11
5.3.7 Aircraft Par\<.ing ............................... 11
5.3.B Disabled Aircraft .............................. 12
5.3.9 Accident Reports ............................... 12
5.4 fuel ing Aircraft..................... ................... 12
5.4.1 General Prohibitions ........................... 12
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6. PERMITS _ GENERI\.l RULES ..................................... 16
6.1 Perm,ssion for Actil/ities at Airport Required .......... 16
6.2 RelationshiP of Perm,t or lease to Rules ............... 16
6.3 General standards for all Permittees and lessees ....... 16
6.3.1 Requi red li censes and Permits .................. 16
6.3.2 Permit or lease Not Transferable ............... 17
6.3.3 construction of Improl/ements ................... 17
6.3.4 limit to Assigned Area ......................... 17
6.3.5 Required Space and Staffing .................... 17
6.3.6 Periodic Reports............................... 17
6.3.7 Right of Entry................................. 17
6.3.8 Records........................................ 18
6.3.9 Payment of Fees and Charges .................... 18
6.3.10 Repair and Maintenance ......................... 18
6.3.11 parking........................................ 18
6.3.12 SnoW, Ice, Weed and Debris Remol/a1.............. 1B
6.3.13 Insurance...................................... 1B
6.3.13.1 Comprehensil/e General liability...... 19
6.3.13.2 comprehensil/e Automobile liability... 19,
6.3.13.3 Worker's Compensation Insurance ...... 19
6.3.14 Indemnification................................ 19
6.3.15 Vending Machines ............................... 20
6.3.16 National Emergencies ........................... 20
6.3.17 Existing and Future GOl/ernment Agreements ...... 20
6.3.18 Airport layout Plan/Airport Master plan ........20
6.3.19 City Use of leased land ........................ ,20
6.3.20 Oiscrimination ................................. 20
5.4.2 Part,cular Restr,ct,ons ........................ 13
5.4.3 Bulk Plants.................................... IS
5.4.4 starting of Eng,nes Near Fuel Spill proh,bited . 16
5.4.'5 li abn ity for Improper Fuel i ng ................. 16
7. PERFORMANCE STANDARDS FOR PARTICUll\.R I\.CTIVITIES ..............21
7.1 Fueling, Oil Sales, and Transient I\.ircraft Serl/ices ....21
7.1.1 Required lot Size .............................. 21
7.1.2 Required Building Size .........................21
7.1.3 Required personnel............................. 21
7 . 1. 4 Requ ired Equ i pmen t ............................. 21
7.1.5 fueling facnities .............................21
7 .1. 6 Requ ired Serl/i ce ............................... 22
7.1.7 Hours of Operation .............................22
7.2 Aircraft Engine and Accessory Maintenance and Repair ...22
7.2.1 Required lot Size.............................. 22
7.2.2 Required Building Size ......................... 22
7.2.3 Required personnel...................... ....... 22
7.2.4 Required Equipment ............................. 22
7.2.5 Required Serl/ice ............................... 23
7.2.6 Hours of Operation ............................. 23
7.3 Aircraft Radio and Instrument Sales, Serl/ice, and Repair 23
7.3.1 Required lot Size .............................. 23
7.3.2 Required Building Size ......................... 23
7.3.3 Required personnel............................. 23
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7.4
7.5
23
7 .3.4 \lours of operation ............................. 23
Aircraft Charter and Taxi ..............................
7 .4.1 Requ i red Lot Size .............................. 23
7.4.2 Requ,red Building Size ......................... 23
7.4.3 Required personnel............................. 23
7.4.4 Equipment Requirements ......................... 24
7.4.5 Hours of operation ............................. 24
Aircraft Rental ........................................ 24
7.5.1 Required Lot Size.............................. 24
7.5.2 Required Building Size ......................... 24
7.5.3 Required Equipment ............................. 24
7 .5.4 Hours of Operat ion ............................. 24
Fl ight Instruct ion ..................................... 24
7.6.1 Required Lot Size.............................. 24
7.6.2 Required Building Size ......................... 24
7.6.3 Required personnel............................. 24
7.6.4 Equipment Requirements ......................... 24
7.6.5 Hours of Operation ............................. 25
Hang a r s ................................................ 25
7.7.1 Location ....................................... 25
7.7.2 Compatibility of Design and Construction........ 25
7.7.3 Approl/al of plans .............................. 25
7 .7.4 Uses.. .. .. .. .. .. .. .. .. .. .. .. .. . .. .. .. .. .. .. .... 25
7.6
7.7
8. GROUND TRANSPORTATION SERVICES ............................... 25
8.1 Authorized Actil/ities .................................. 25
8.2 Permit Conditions...................................... 25
8.3 Limitation on Number of Permits ........................ 26
8.4 Ground Transportation Actil/ity Permit Fees ............. 26
9. APPLICATION FOR PERMIT OR LEASE .............................. 27
9.1 Application ............................................27
9 . 2 Pe rm i t Fee ............................................. 27
9.3 Support i ng Documents ................................... 27
9.4 Rel/iew of Appl ication .................................. 28
9.5 Action on Application.................................. 29
9.6 Appeal of Denial of Application ........................ 29
9. 7 Charges and Rents ...................................... 29
9.8 Operating Agreements................................... 29
10. REVOCATION OF PERMIT OR LEASE ................................30
10.1 Grounds for Rel/ocation ................................. 30
10.2 Notice of Rel/ocation ................................... 31
10 . 3 S Ul1\11la ry Rel/oca t ion ..................................... 31
10.4 Effect of Rel/ocation ...................................31
10.5 Reconsideration of Rel/ocation .......................... 31
11 . PENAL TIES .................................................... 31
,11. 1 Right to Remol/e ........................................ 31
11.1 Ejection From Airport ............................32
11.2 Ban From Use of Airport ..................... ..... 32
11.2 PenaltY For Violations ................................. 32
11.3 Comp 1 a i nts.. . .. .. . .. .. .. .. .. .. .. . . .. . .. . .. .. . . .. . . . .. ." 32
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RULES GOVERNING USE OF MAHLON SWEET AIRPORT
1. SCOPE.
1.1 Coverage. These rules govern all persons on the Airport and users
of the Airport. Any direct or indirect permission given to a person to enter
upon or use the Airport is conditioned, unless otherwise agreed, upon compli-
ance with these rules.
1.2 Relation to Other Laws. These rules do not amend, modify or super-
sede any provision of federal, state or local law or of any contract between
the City of Eugene and an Airport user. Insofar as possible, these rules
shall be interpreted not to conflict with, but to supplement, federal, state
or local law or any contract between the city of Eugene and an Airport user.
1.3 Authority. These rules are adopted and can be amended under the
authority of Section 2.430(1) of the Eugene Code, 1971. Rulemaking follows
the processes set out in Sections 2.430 and 3.012 of the Eugene Code, 1971.
1.4 Posting of Rules. These rules shall be posted at the offices of
the Airport Manager and the City Finance Officer.
1.5 Adoption of Rules Not Grant of Right. The adoption of these rules
is not intended to, and shall not be construed, to grant any property right
or expectation to any person. The City reserves the right to amend these
rules and to limit or deny any person's use of the Airport as may be in the
public's interest.
1.6 Severability. These rules are severable. If any part of these
rules is invalidated by a court or agency, that invalidation shall not affect
the validity of the remaining rules.
2. DEFINITIONS. As used herein, the following words and phrases mean:
2.1 Aeronautical activity - any commercial activity which involves,
makes possible, or is required for the operation or safety of aircraft used
for private, business, recreational, or agricultural purposes. "Aeronautical
activity" does not include activities of any local, state, or federal agency,
including the military, or an isolated use of the airfield by an aircraft.
2.2 Aircraft - any contrivance used or designed for navigation or
flight in the air.
2.3 Airfield area - the areas at the Airport for taxiing, landing, tak-
ing off, handling, servicing, loading and unloading of aircraft, including
clear zones, runways, taxiways, ramps, aprons, roadways, and all areas inci-
dent thereto.
2.4 Airport - the land and facilities known as Mahlon Sweet Airport and
any contiguous land owned by the City of Eugene.
2.5 Airport Manager - the person appointed by or under the authority of
Rules - 1
the Eugene City Manager to exercise the functions and authority described in
Rule 3.1, or the Airport Manager's designee.
2.6 Applicant - a person applying for a permit or lease to conduct
operations at the Airport, including any shareholder, partner, part owner,
or manager of such a person.
2.7 Apron or Apron area - the area adjacent to loading gates, hangars,
jetways and similar structures that is used for loading and unloading persons
and cargo to and from an aircraft.
2.8 City - City of Eugene, Oregon.
2.9 City Manager - the City Manager for the City of Eugene, or the
Manager's designee.
2.10 Commercial operation - operation or service performed for compensa-
tion which is conducted on or based at the Airport, including, but not limited
to, ground transportation activity.
2.11 Control tower - the Eugene Air Traffic Control Tower.
2.12 FAA - the Federal Aviation Administration of the United States, or
its successor agency.
2.13 FAR - Federal Aviation Regulations.
2.14 Fire Chief - the chief of the Department of Public Safety, or the
Fire Chief's designee.
2.15 Fueling - fueling or defueling.
2.16 Ground transportation activity - the provision of transportation
of persons or property on the Airport or based at the Airport to the general
public, either as a courtesy to a patron by a hotel, a motel, off-Airport
car rental agency or off-Airport parking lot operator, or for hire, including,
but not limited to, the solicitation of passengers, the actual transporting
of persons or property in a motor vehicle, the operation of a vehicle on the
Airport which vehicle is available for carrying persons or property, and any
other activity which directly or indirectly relates to the transportation of
persons or property by means of ground transportation. "Ground Transporta-
tion Activity" does not include dropping off persons or property at the Air-
port.
2.17 Hazardous materials - materials that, because of their quantity,
concentration or physical, chemical or infectious characteristics, may cause
or pose a present or potential hazard to human health or the environment when
improperly used, stored, disposed of, transported or otherwise handled. The
term includes, and is not limited to, petroleum products and any hazardous or
toxic substance regulated under the Resource Conservation and Recovery Act,
the Comprehensive Environmental Response, Compensation and Liability Act, or
any other of the state, federal, or local laws relating to the protection of
human health or the environment.
Rules - 2
2.18 Motor vehicle - any non-aircraft device that carries persons or
property and is self-propelled or designed for self-propulsion.
2.19 Movement area - the runways, taxiways and other areas shown on the
diagram attached to these Rules as Exhibit 1.
2.20 Operator - any person engaging in a commercial operation or aero-
nautical activity including all persons required to have a lease or permit
under these rules.
2.21 Owner - as used in connection with an aircraft, means a person
who holds legal title to an aircraft. If the aircraft is the subject of a
conditional sale or lease/option, or if the mortgagor of the aircraft is
entitled to possession, then the conditional vendor, lessor, or mortgagor
shall be deemed the owner for the purpose of these rules.
2.22 Permit - includes operating agreements.
2.23 Person - any individual, firm, partnership, corporation, company,
association, or body politic.
2.24 Restricted area - any area of the Airport not open to the general
public. The area open to the public includes the public roads and sidewalks,
the terminal lobby, restrooms,and places for public gathering, waiting and
viewing.
2.25 Rules - these rules.
2.26 Terminal bUilding or Airport terminal - the terminal building as
it now exists or as hereafter expanded or improved, including the sidewalks,
road and parking areas near the terminal building.
3. AUTHORITY.
3.1 Airport Manager. The Airport Manager is responsible for the opera-
tion of the Airport. Subject to direction by the City Manager, the Airport
Manager is empowered to:
3.1.1 Oversee all municipal and aeronautical operations at the
Airport;
3.1.2 Take any action at the Airport necessary to protect and safe-
guard the public;
3.1.3 Regulate traffic and parking at the Airport, and install and
remove traffic control devices;
3.1.4 Cause the removal from the Airport of any person who violates
any of these rules or an Airport Manager directive, when that removal is
necessary to insure the safe or orderly operation of the Airport;
3.1.5 Deny any future use of the Airport, except for air travel,
to any person who violates any of these rules or an Airport Manager
directive;
Rules - 3
3.1.0 Initiate a NOTAM closing of the Airport or any part thereof
through the FAA when unsafe conditions exist;
3.1.7 Issue, execute and administer all permits, licenses, and
leases for the conducting of any activity at the Airport;
3.1.8 Limit the number of permits, licenses or leases for a par-
ticular activity at the Airport when such limitation is consistent with
federal law;
3.1.9 Administer and enforce these rules;
3.1.10 Set all fees and charges imposed by the City for services,
goods, use of municipal property, licenses, permits and applications for
the foregoing arising from operation of the Airport; and
3.1.11 Perform any other duty that may be assigned by the City
Manager.
3.2 Airport Commission. The composition and authority of the Airport
Commission is governed by Sections 2.050 to 2.054 of the Eugene Code, 1971.
4. RULES OF GENERAL APPLICABILITY.
4.1 Compliance with Federal Law. All aeronautical activity and commer-
cial operations at the Airport shall comply with the regulations and direc-
tives of the FAA and any other federal agency with jurisdiction over air-
ports, and with the directives of the Airport control tower.
4.2 Permit Required. No person shall conduct commercial operations or
engage in aeronautical activity at the Airport, use the Airport as a base for
the conduct of business, or otherwise provide services or goods to travelers,
customers, a permittee or a lessee at the Airport, without first obtaining a
written permit or lease from the Airport Manager. The duty to obtain a per-
mit for supplying services or goods to a single permittee or lessee may be
waived by the Airport Manager if the extent of the activity is not substan-
tial. Such a permit shall be issued and revoked under the procedures set
out in Rules 9 and 10.
4.3 Operation of Motor Vehicles. The operation of all motor vehicles
at the Airport shall comply with:
4.3.1 State laws regarding motor vehicle operation, including the
Oregon Vehicle Code, ORS Chapters 801 to 822;
4.3.2 City ordinances regarding motor vehicle operation (includ-
ing the provisions of Chapter 5 of the Eugene Code, 1971);
4.3.3 Orders, signals, and directives of the Airport Manager;
4.3.4 Traffic control devices; and
Rules - 4
4.3.5 The following restrictions:
4.3.5.1. All motor vehicles except emergency vehicles
responding to an alarm, shall yield the right of way to an air-
craft in motion;
4.3.5.2. No motor vehicle used for hauling trash, dirt,
or any other wastes shall be operated unless the vehicle is con-
structed so as to prevent the contents from dropping, leaking or
otherwise escaping.
4.4 Parking. All motor vehicles shall be parked in compliance with
state law, local law (including the provisions of Chapter 5 of the Eugene
Code, 1971), restrictions posted on authorized signs, and the following:
4.4.1 No person shall park a motor vehicle in a paid parking
area without paying the charges, or park in excess of the prescribed
time limit for a particular parking area.
4.4.2 No person shall park a motor vehicle other than in areas
established for parking or in a manner that obstructs or interferes
with vehicular traffic.
4.5 Removal of Vehicles. The Airport Manager may remove from any area
of the Airport any vehicle which is disabled, abandoned, or parked in viola-
tion of these rules, at the operator's expense and without liability for
damage which may result from the removal. Any towing of vehicles shall con-
form to the applicable sections of Sections 3.882 to 3.888 of the Eugene
Code, 1971, relating to towing.
4.6 Restricted Areas. No person shall use any part of the Airport in
a manner contrary to posted official directives applicable to that area. No
person shall enter a restricted area or the airfield area without permission
of the Airport Manager, except persons lawfully assigned to duty there, or
passengers or crews entering for purposes of embarkation or debarkation.
4.7 Animals. No person shall enter the airfield area or the terminal
building with a dog or other animal unless it is an on-duty dog trained to
assist handicapped persons, an animal which is leashed or properly confined
and is to be transported by air, or a dog owned and being used by a law
enforcement agency.
4.8 Offensive Conduct. No person shall commit at the Airport any act
made unlawful by Chapter 4 of the Eugene Code, 1971.
4.9 Sanitation. No person shall dispose of refuse or waste material on
the Airport except in receptacles provided for that purpose. No person shall
bring refuse or waste material to the Airport for purposes of disposal at the
Airport, except with written permission of the Airport Manager.
4.10 Firearms and Explosives. No person, except for duly appointed
peace officers, members of the United States armed forces while on duty, per-
sons licensed under state law to carry a concealed weapon, or corrections
Rules - 5
officers, shall carry any firearms or explosives into the Airport terminal
or airfield area without the written permission of the Airport Manager,
except for properly packaged firearms or explosives for shipment onto or
from an aircraft, or as expressly allowed by state law.
4.11 Picketing, Demonstrations, Solicitations and Handbills.
4.11.1 General Policies. The exercise of constitutional rights
of expression and communication in public areas of the Airport shall not
be restricted or infringed because of the content of the communication
or identity of the speakers. No prior restraint of speech is permis-
sible. It is necessary, however, to generally regulate speech activity
on Airport property and articulate standards on permissible conduct in
advance in order to deal with overcrowding of the terminal. At all times
when a restriction is imposed, the least restrictive alternative shall
be required.
4.11.2 Prohibited Conduct. Any person may engage in speech-
related activities on public areas of Airport property so long as the
following restrictions are obeyed:
4.11.2.1. No violation of state or municipal criminal
laws;
4.11.2.2. No intentional touching or making physical
contact with another person unless that person consents to such
physical contact;
ment;
4.11.2.3. No use of voice or sound amplification equip-
4.11.2.4. No use of placards, banners or signs made of
wood, metal, or other hard substances within the Airport terminal
or on the sidewalk immediately adjacent thereto;
4.11.2.5. No use of a table, counter, or stand within
the terminal building or on the sidewalk immediately adjacent
thereto without written authorization of the Airport Manager; and
4.11.2.6. No impeding of pedestrian or vehicle access
to any Airport facility.
4.11.3 Authorization to Airport Manager. The Airport Manager
may request that persons engaging in speech activity within the terminal
building or on the sidewalks adjacent thereto confine themselves to
designated areas if the unrestricted presence of such persons causes
serious public inconvenience in the operation of the Airport. Such
designated areas are shown on Exhibit 2 to these Rules. Such determina-
tion shall be made after initially allowing the activity but then finding
that the activity's continuance causes blockage of ticket lines, baggage
handling, car rental or other commercial activities, or aircraft, auto-
mobile, limousine or bus boarding or unloading, or results in inability
to transact business at the Airport. If such designated areas are
Rules - 6
already occupied by other persons exerclslng constitutional speech
rights, the persons engaging in the interfering activity shall be re-
quested to conduct such activities outside of the terminal building or
adjacent sidewalks. Priority of use of the designated areas for speech-
related activities shall be given to the person or group first request-
ing permission for such use in writing.
4.11.4 Designated Speech Areas. Within the terminal building
lobby and sidewalks adjacent thereto, the areas designated on the floor
plan set out in Exhibit 2 to these rules are reserved for free speech
activities when requested by the persons exercising speech rights or
when such persons are directed to continue such activities in those
areas by the Airport Manager.
4.11.5 Limitations on Use of Sidewalk Area. No group of persons
who are exercising free speech rights shall occupy more than two of the
three sidewalk areas adjacent to the front entrances to the terminal
building entrances.
4.11.6 Removal from Airport Property. Persons or organizations
engaging in the free speech activities shall be subject to arrest for
trespass in the event they continue to violate these rules after the
Airport Manager gives notice to cease and desist to any person engaging
in the activity. Failure of the person receiving the notice to communi-
cate the notice to other persons in that group shall not be a basis to
set aside the notice.
4.11.7 Advance Notification. Advance notification to the Airport
Manager of intent to picket, demonstrate, solicit, or distribute printed
material at the Airport is encouraged but not required. Interested
groups may wish to give advance notice where possible so that problems
with interference with Airport activities can be resolved in advance.
4.12 Interference with Operation of Aircraft. No person shall inter-
fere with the operation of aircraft, or start the engine of an aircraft with-
out the consent of the aircraft's operator.
4.13 Lost Articles. Lost or mislaid articles shall be turned in to the
Airport Manager's office by the finders. Such property shall be disposed of
as provided by state law (ORS 98.005 to 98.025 and ORS 98.302 to 98.436).
4.14 Use of Hazardous Materials and Environmental Law Compliance.
4.14.1 Hazardous materials shall not be stored in hangars except
in hazardous materials storage lockers approved by the Fire Chief and
Airport Manager.
4.14.2 All persons shall comply with federal, state, and City of
Eugene laws relating to the protection of human health and the environ-
ment, including laws and regulations pertaining to the use, storage, and
transportation of hazardous materials.
4.14.3 All persons shall exercise extreme care in handling haz-
Rules - 7
ardous miterials. Each person using hazardous materials shall undertake
any and all preventative, investigatory or remedial action which is re-
quired by law or by order of a governmental agency with jurisdiction
under the law or which is necessary to prevent or minimize property dam-
age or personal injury by release or exposure to hazardous materials.
In the event a person fails to perform any of these obligations the City
may, but is not required to, perform these obligations at the person's
expense.
4.14.4 No person, without the permission of the Airport Manager,
shall place any solid, or pour any liquid other than water, down floor
drains, manholes, or other sewer connections. Each person shall comply
with the industrial pretreatment provisions of the Eugene Code, includ-
ing sections 6.400 to 6.470 of the Eugene Code, 1971 as they exist now
or may hereafter be amended.
4.15 Fire Regulations.
4.15.1 Open Flame Operations. Open flames, flame producing de-
vices or other sources of ignition shall not be permitted in any hangar,
except as approved by the Airport Manager.
4.15.2 Combustible Storage. No person shall store combustible
materials or other hazardous materials in any aircraft hangar, except
in locations and containers approved by the Fire Chief and Airport
Manager.
4.15.3 Care of Waste. All combustible rubbish, oily rags, waste
material, or mechanic's work clothing, when kept within or adjacent to a
building, shall be securely stored in metal or metal lined receptacles
equipped with tight fitting covers or in rooms or vaults constructed of
non-combustible materials.
4.15.4 Floor Care. The floors of hangars and adjacent areas
shall be kept free of all oil, grease, flammable or combustible liquids,
and other flammable materials.
4.15.5 Cleaning with Flammable Liquids. Class I liquids and
Class II liquids with a flashpoint below 110 degrees F. shall not be
used within a building for washing parts or removing grease or dirt
unless they are used in a closed machine approved for such purpose or
in a separate well ventilated room constructed in accordance with Sec-
tion 79.804 of the Uniform Fire Code.
4.15.6 Spray Painting and Doping. All spraying or doping opera-
tions performed inside a building shall be conducted inside an approved
spray booth, spraying area, or room approved for such uses.
4.15.7 Fire Extinguishers. All hangars and repair areas shall
have at least one currently tested 2AI0BC fire extinguisher in a visible
location for each 300 square feet or less. Every towing vehicle, weld-
ing apparatus, aircraft refueler, and fueling station will have a minimum
of one currently tested 3A40BC extinguisher at all times. Use of any
Rules - 8
fire extfnguisher equipment under any circumstances shall be reported to
the Airport Manager and Fire Chief immediately after use.
4.15.8 Storage of Flammable Liquids. No person shall store flam-
mable or combustible liquids in any hangar or work area unless it is
stored in a properly labeled and approved flammable liquid storage cabi-
net. No dispensing of flammable liquids shall occur except in an approv-
ed container under five gallons. Storage cabinets may contain a maximum
of 50 gallons capacity of flammable liquids. Storage cabinets shall con-
form with the following requirements or their equivalent in fire resist-
ance: Bottom, top, and sides of the cabinet shall be made of steel hav-
ing a thickness of 0.043 inch. The cabinet, including the door, shall
be doubled wall with an 1-1/2 inch air space between the walls. Joints
shall be riveted or welded and be tight fitting. Doors shall be well
fitted, self closing and equipped with a latching device. The bottom
of the cabinet shall be liquid tight to a height of at least two inches.
Cabinets shall be conspicuously labeled in red letters "Flammable - Keep
Fire Away" "No Smoking Within 50 Feet".
4.15.9 Welding or Burning. Welding or burning shall occur only
in a booth, room, or area designed for such use.
4.16 Smoking. No person shall smoke or carry lighted cigarettes,
cigars, or pipes or any flame in or about any fuel storage area, stationary
refueling vehicle, public landing area, public aircraft parking and storage
area, or any other area where smoking is prohibited by sign.
4.17 Vending Machines and Newsracks. Vending machines and newsracks
may be located only in areas designated by the Airport Manager. In determin-
ing where to designate vending machine or newsrack areas the Airport Manager
shall consider whether vending machine or newsrack placement would lnterfere
with pedestrian movement, compete with another permitted activity, foster
political speech, and any other factor the Airport Manager deems relevant.
The Airport Manager may grant an exclusive concession to operate newsracks.
The operation of any vending machine or newsrack which requires money to oper-
ate it is a commercial activity and requires a permit under these rules. The
Airport Manager may order removal of noncommercial vending machines or news-
racks if the operation of these machines creates excessive litter.
5. RULES OF LIMITED APPLICABILITY.
5.1 Repair of Motor Vehicles and Aircraft. No person shall repair
motor vehicles or aircraft at the Airport in areas not approved by the Air-
port Manager, except for minor repairs necessary to remove the motor vehicle
or aircraft from the Airport.
5.2 Use of Airfield Area.
5.2.1 Motor Vehicles/Pedestrians.
5.2.1.1. No unauthorized motor vehicles shall be operated
in the airfield area.
5.2.1.2. Vehicles or pedestrians operating in the move-
Rules - 9
ment area or its adjoining area shall receive approval from the
Control Tower and have an operating radio with appropriate air to
ground frequencies (ground control/local control) or be escorted
by Airport personnel. All persons in the movement area shall be
conversant with and follow light signals from the Control Tower.
All vehicles, aircraft, equipment or personnel in the movement
area shall follow the procedures set out in the current letter of
agreement between the City of Eugene, Eugene Air Traffic Control
Tower, and Eugene Airway Facilities.
5.2.1.3. Vehicles operating in the movement area shall
have a flashing yellow light or appropriate signal flags displayed
at all times.
5.2.1.4. Vehicles operating in the airfield area shall
operate at a reasonable speed, and shall not exceed 15 MPH except
when performing a runway inspection.
5.2.1.5. Unless permission is obtained from the Control
Tower, agriculture equipment shall not operate closer than 175
feet from the edge of any runway or 75 feet from the edge of any
taxiway, or in any area where such operations would be inconsistent
with the requirements of FAR Part 77.
5.2.2 Exhaust Protection. No person shall operate a motor vehicle
or any engine in any hangar or on any ramp or apron without exhaust
screens or baffles to prevent the escape of sparks or flame.
5.2.3 Limitation of Entry to Airfield Area/Security. Aeronauti-
cal activity operators shall keep the gates closed on the terminal build-
ing apron, except when necessary for the loading and unloading of air-
craft. Spectators will not be permitted on the apron without Airport
Manager approval. All operators shall conform to FAR Parts 107 and 108.
5.2.4 Parking of Motor Vehicles at Apron. No motor vehicle shall
be parked at an apron within ten (10) feet from any fire hydrant.
5.3 Operation of Aircraft.
5.3.1 Careless, Negligent or Reckless Operation of Aircraft. No
aircraft shall be operated on the surface of any part of the Airport:
in a careless or negligent manner; while the person controlling the
operation of the aircraft is under the influence of intoxicating liquor,
or any drug affecting the senses; or, if the aircraft is constructed,
equipped or loaded in a manner which endangers or may endanger persons
or property.
5.3.2 Compliance with Official Orders, Signals and Directions.
The person in control of any aircraft must comply with any order, signal
or direction of the Control Tower or the Airport Manager, and applicable
lights, sign~, signals and pavement markings.
5.3.3 Two-Way Radio Required on Aircraft. No aircraft may land,
Rules - 10
take off,. or taxi at the Airport without a radio capable of direct two-
way communication with the Control Tower, except in the case of an emer-
gency or the prior approval of the Control Tower.
5.3.4 Permission Required for Certain Activities. No person,
without prior written permission of the Airport Manager, shall at the
Airport:
5.3.4.1. Land or take off a motorless aircraft;
5.3.4.2. Engage in special aviation events or demonstra-
tions; or
5.3.4.3. Land, taxi, or take off an aircraft having an
actual gross weight over that indicated for the Airport in the
FAA Airport Facility Directory.
5.3.5 Qualifications for Operation of Aircraft. No person shall
start or run an aircraft engine or land, take off or taxi an aircraft
unless the person is a pilot certified to operate that particular type
of aircraft, a mechanic certified to engage in that particular activity,
or is accompanied by a certified flight instructor.
5.3.6 Taxiing of Aircraft.
5.3.6.1. Aircraft shall not enter a movement area before
receiving clearance from the Control Tower and shall be in con-
tact with the Control Tower while in the movement area.
5.3.6.2. Operators shall maintain full control of any
aircraft which is taxiing, being towed or moved at the Airport.
Operators shall move an aircraft at a reasonable speed, and shall
be in contact with the Control Tower while in a movement area.
5.3.6.3. Aircraft shall use taxiways and paved areas when
taxiing.
5.3.6.4. No aircraft shall move into or out of any hangar
under its own power.
5.3.6.5. Position or navigation lights shall be used for
all aircraft being taxied, towed or moved between sunset and sun-
rise.
5.3.7 Aircraft Parking.
5.3.7.1. Except for permitted transient parking or stand-
ing, no person shall park or leave standing an aircraft at the
Airport other than inside a hangar, unless it is firmly tied to
the ground. The main landing wheels of parked aircraft shall be
chocked with wheel blocks or other approved devices, unless the
aircraft is equipped with adequate locking brakes.
Rules - 11
5.3.7.2. Every aircraft parked or left standing in an
area of the Airport other than one designated for aircraft park-
ing or hangaring purposes shall have its running lights on between
sunset and sunrise.
5.3.7.3. Upon direction from the Airport Manager, the
owner or operator of any aircraft shall move the aircraft from the
place where it is parked or stored to a designated place; if the
direction is not obeyed, the Airport Manager may tow said aircraft
to the designated place at the owner or operator's expense, with-
out liability for damage which may result in the course of such
moving.
5.3.7.4. All persons leasing space for aircraft storage,
parking or tie-down shall furnish a list of such aircraft to the
Airport Manager on request and shall notify the Airport Manager
of any change to that list.
5.3.8 Disabled Aircraft. Aircraft owners, pilots, or their agents
shall be responsible for the prompt disposal of disabled aircraft and
parts, unless required to delay that action pending an investigation
of an accident. If any person abandons or otherwise neglects or re-
fuses to move an aircraft, or any parts thereof, when directed by the
Airport Manager, the aircraft or parts may be removed by the Airport
Manager at the owner or operator's expense, and without liability for
damage which may result in the course of such removal.
5.3.9 Accident Reports. Persons involved in aircraft accidents
occurring on the Airport shall file an accident report with the Airport
Manager as soon as possible. The report shall include names, addresses,
aircraft identification, and all pertinent information relating to the
accident. This does not eliminate any obligation a person may have to
report accidents or incidents to any other agency.
5.4 Fueling Aircraft.
5.4.1 General Prohibitions. During the fueling of an aircraft a
person shall:
5.4.1.1. Not smoke on any apron or near an aircraft;
5.4.1.2. Exercise care to prevent the overflow of fuel;
5.4.1.3. Not use any material which is likely to cause
a spark or be a source of ignition;
5.4.1.4. Ensure that adequate fire extinguishers are
within easy reach;
5.4.1.5. Conduct such activities on hard surface areas
only;
5.4.1.6. Not engage in fueling:
Rules - 12
Rules - 13
(a) When an aircraft engine is running;
(b) When an aircraft is being warmed by
application of exterior heat;
(c) Inside a hangar or an enclosed area;
(d) While an aircraft radio transmitter or
receiver is being operated, or other electrical appli-
ances are switched on or off;
(e) When there are people aboard the aircraft
unless the aircraft door is open, there is an attendant
at the door, and a passenger loading stand is at the
cabin door; or
items.
(f) From drums, small containers, or similar
5.4.2 Particular Restrictions.
5.4.2.1. Fuel storage and servlclng equipment, including
fuel servicing vehicles, fueling pumps, meters, hoses, nozzles,
fire extinguishers and grounding devices shall be UL approved
where applicable, shall comply with state laws and regulations,
and shall be kept in first class non-leaking condition at all
times.
5.4.2.2. A fuel servicing vehicle, including tank trucks
and tank semi-trailers, when servicing an aircraft, must be posi-
positioned:
(a) So as to not interefere with the discharge
of persons from the aircraft during an emergency; and
(b) So that it can be readily driven forward
to an open area during an emergency.
5.4.2.3. Fuel servicing vehicles will proceed slowly
with caution on the apron.
5.4.2.4. A fueling operations attendant shall be fully
trained and competent to operate the emergency pump controls.
5.4.2.5. Prior to fueling an aircraft the fuel dispensing
equipment shall be grounded to a point or points of zero electri-
cal potential in the order indicated below, and when complete, in
the reverse order to prevent the possibility of static ignition
of volatile liquids:
(a) Refueling unit to ground,
(b) Refueling unit to aircraft.
Rules - 14
5.4.2.6. Filler nozzles must be of a dead-man normally-
closed type and will be equipped with approved bonding connectors
whi~h shall be positively engaged with bonding attachments on the
aircraft. All bonding and grounding connections shall be made
prior to any fuel transfer and shall not be disconnected until
transfer operations are completed.
5.4.2.7. Tanks shall have a valve mechanism such that
water or other contaminants can be drained from the lowest portion
of the tank.
5.4.2.8. An in-line filtration system utilizing a 5 micron
or less fuel filter element shall be included in any fuel dispens-
ing system.
5.4.2.9. When a malfunction of the fueling equipment is
detected, all fueling operations shall cease immediately and the
malfunction shall be brought to the immediate attention of the
aircraft owner or operator.
5.4.2.10. Persons engaged in the fueling of aircraft shall
exercise extreme caution to prevent spills. When a spill occurs,
servicing will cease and spills will be removed or absorbed with
suitable material.
5.4.2.11. During fuel handling operations in connection
with any aircraft, no less than two each C02 or approved dry chem-
ical fire extinguishers of ten pounds or larger shall be immedi-
ately available for use.
5.4.2.12. No person shall perform or allow perfo~mance of
any fueling activity when lightning is observed in the immediate
vicinity of the Airport or during an electrical storm.
5.4.2.13. No person shall use any material or equipment
during fueling operations which is likely to cause a spark or
ignition.
5.4.2.14. All hoses, funnels, and appurtenances used in
fueling operations shall be equipped with a grounding device to
prevent ignition of volatile liquids. Furthermore, funnels shall
be metal and have a capacity of not less than two gallons to re-
duce the risk of spillage.
5.4.2.15. No airborne radar equipment shall be operated
or ground tested on any area wherein the directional beam of high
intensity radar is within 300 feet, or low intensity radar (less
than 50 KW output) is within 100 feet of another operation or
aircraft refueling truck.
5.4.2.16. During fueling, fuel handling devices shall be
Rules - 15
so placed so as to be readily removed in the event of fire.
5.4.2.17. Fuel shall not be transferred from a vehicle
fuel system to an aircraft fuel tank or intermediary tank for the
purpose of fueling aircraft.
5.4.2.18. Fuel servicing vehicles shall be maintained and
operated in accordance with Environmental Protection Agency (EPA)
federal, state, and local codes covering fuel dispensing on air-
ports and NFPA Standard 407, latest edition, (Aircraft Fuel Ser-
vicing), or as hereaftr amended. The applicable sections of FAA
Advisory Circular 150/5230-4 (with revisions) shall also be
followed.
5.4.2.19. Each fuel servicing vehicle shall be conspicu-
ously marked in letters of contrasting color, with the word "flam-
mable" on both sides and rear of the cargo tank in letters of at
least six inches high, and with the wording "emergency shut off"
and other appropriate operating instructions required at the
emergency operating devices in letters at least two inches high.
Each fuel servicing vehicle will also be conspicuously marked on
both sides and rear with the type and grade of fuel it contains
in appropriate color schemes.
5.4.2.20. Unless allowed by a permit or lease, fuel ser-
vicing vehicles shall not be stored or parked at the Airport. A
person, firm, or corporation may park or position a fuel servic-
ing vehicle on the Airport premises only when actually dispensing
fuel. Except for operators engaged in fueling, oil sales and
transient aircraft services under section 7.1 of these rules, per-
mission to park fuel servicing vehicles shall be granted by a per-
mit or lease only for extraordinary circumstances and for a limited
period of time.
5.4.2.21. Fuel servicing vehicles shall use only the
entrance, exit, and route designated by the Airport Manager while
at the Airport.
5.4.2.22. A fuel servicing vehicle cargo tank shall be
supported by and attached to, or be a part of, the vehicle upon
which it is carried.
5.4.2.23. Enough persons shall be employed during fueling
operations to safely operate the fuel storage and dispensing
systems and perform periodic checks and inspections essential to
their proper functioning.
5.4.2.24. Fuel will not be transferred from one fuel ser-
vicing vehicle to another within 100 feet of any building, open
flame, sparking device, source of ignition, or group of people.
5.4.3 . Bu1 k P1 ants.
5.4.3.1. Under no circumstances will a tank motor vehicle
be left unattended at a bulk plant during the loading or unloading
process. Loading and unloading shall not be considered complete
until the delivery hose is detached from vehicle and tanks.
5.4.3.2. Every tank motor vehicle must have the tank
grounded and the nozzle grounded before loading and unloading.
5.4.3.3. Persons or companies using any bulk plant are
responsible for keeping the yards and the area three feet (3')
outside the yard fences free of weeds, trash and other debris.
5.4.3.4. Tanks at bulk plants shall not be filled to the
point where they will overflow from heat expansion. Tanks must
be equipped with an overflow warning device or other system de-
signed to prevent overflow.
5.4.3.5. All loading platforms and fill nozzles will be
equipped with proper grounding devices and flexible cables.
5.4.3.6. Strict controls to detect fuel leakage or losses
shall be used. Records of such controls shall be available for
inspection by the Airport Manager.
5.4.4 Starting of Engines Near Fuel Spill Prohibited. No person
shall start the engine or engines of any aircraft at the Airport when
there is gasoline or any type of fuel on the ground under the aircraft.
In the event gasoline or any fuel spills, no person shall start an air-
craft engine in the area of the spillage until the spillage is flushed.
5.4.5 Liability for Improper Fueling. The City assumes no lia-
bility for improper fueling or use of wrong fuel for an aircraft by any
fuel provider at the Airport.
6. PERMITS - GENERAL RULES.
6.1 Permission for Activities at Airport Required. No person shall
conduct commercial operations or engage in aeronautical activity at the Air-
port, use the Airport as a base for the conduct of business, or otherwise
provide services or goods to travelers, customers, a permittee or a lessee
at the Airport, without obtaining a permit or lease from the Airport Manager
in the manner provided for under these rules. The duty to obtain a permit
for supplying services or goods to a single permittee or lessee may be waived
by the Airport Manager if the extent of the activity is not substantial.
6.2 Relationship of Permit or Lease to Rules. Unless otherwise agreed,
all permits and leases shall be subject to compliance with the requirements
of these rules, the rules regarding issuance and revocation of leases and
permits, and the Airport Master Plan and Airport Layout Plan. The Airport
Manager may waive in writing all or any portion of the general or minimum
standards set forth below when the Airport Manager deems such waiver to be
in the best interest of the Airport's operation. The length of the waiver
period shall be specified in a written agreement.
Rules - 16
6.3 General Standards for all Permittees and Lessees. All permits and
leases shall be subject to the following:
6.3.1 Required Licenses and Permits. The operator, aircraft
pilot, and all personnel and employees shall be competent and shall
hold all current valid certificates, permits, licenses or other auth-
orizations required by the FAA and state law. Such permits or certifi-
cates shall be presented to the Airport Manager upon request.
6.3.2 Permit or Lease Not Transferable. No permit or lease shall
be conveyed or transferred without the prior written consent of the
Airport Manager, which consent shall not be unreasonably withheld. Any
sublessee or transferee must meet all of the requirements of the permit
or lease, and these rules.
6.3.3 Construction of Improvements. No structure or improvements
at the Airport shall be constructed, altered or removed without the
prior written approval of the Airport Manager. The City may require a
performance bond to guarantee the satisfactory completion of any con-
struction. The plans for any building constructed at the Airport shall
be approved by the Airport Manager, and shall comply with state and
local laws, codes and regulations pertaining to their construction.
6.3.4 Limit to Assigned Area. An operator shall carryon opera-
tions strictly within the area assigned by the Airport Manager, and the
operations shall not interfere with the lawful activities of other per-
sons using the Airport. The operator shall not use any common use
areas except as authorized by these rules or the Airport Manager.
6.3.5 Required Space and Staffing. Unless otherwise agreed, all
operations shall be conducted on one area of sufficient size to accom-
modate all services for which the operator is licensed, allowing for
future growth. The location and minimum size of leased areas of opera-
tions shall be set by the Airport Manager, consistent with these rules
and the Airport Master Plan.
Except when offering T-hangars or inside hangar aircraft storage
only, each operator shall provide and maintain a staffed business
office open to the public during the normal business day and other
facilities required by these rules and the operator's permit or lease.
Only one office shall be required of each operator, without regard to
the number of operations conducted at the Airport. No operator shall
use the office, area or other facilities of any other operator without
the consent of that operator.
6.3.6 Periodic Reports. An operator shall report to the City,
as requested, on the volume of the operator's business on the form pro-
vided by the City. The City may require that these reports be certified
by a C.P.A.. This information is to be submitted in confidence, and,
unless required by law, shall not be disclosed by the City to third
parties. See, ORS 192.501(5); ORS 192.502(3).
6.3.7 Right of Entry. The Airport Manager shall have the right
Rules - 17
to inspect at reasonable times all Airport premises, together with all
structures or improvements, all aircraft and equipment, and all
licenses and registrations.
6.3.8 Records. An operator shall keep accurate records and books
of accounts on the operation of his facility. These records and books
shall be subject to examination by the Airport Manager during normal
business hours upon reasonable advance notice.
6.3.9 Payment of Fees and Charges. An operator shall pay promptly
when due, all utility charges incurred at the leased premises, charges
made by the suppliers, any fees or rents imposed by the City, and any
taxes and assessments levied against any property constructed, used, or
leased at the Airport. The operator agrees to hold the City harmless
from all liens that may be placed against the facilities on the leased
premises.
6.3.10 Repair and Maintenance. An operator shall keep the leased
area facilities and structures in an acceptable state of repair and
maintained in a clean and orderly condition at all times. All leased
property shall be free from fire hazards as may be determined by the
Airport Manager or the Fire Chief. The City may make repairs to any
leased area when the operator is obliged to make the repairs and has
failed, after due notice, to do so, or in any other case where City, in
its reasonable judgment, determines that repairs are necessary to
correct any condition likely to cause injury or damage to persons or
property. In either event, the operator shall reimburse the City for
the reasonable costs of these repairs promptly upon demand.
6.3.11 Parking. Each commercial operator operating a fixed place
of business at the Airport shall provide off-street, paved-surface park-
ing for full time employees, company vehicles, and customers in the
amount specified by the Eugene Code, 1971 for such operations, or the
amount specified by the rules, whichever is greater. In any event, not
less than five spaces shall be provided. Such parking shall be provided
at locations designated by the City. The City may require the provision
of this parking at a site operated by the City.
6.3.12 Snow, Ice, Weed and Debris Removal. Each operator shall
promptly remove snow, ice, debris, and weeds from the area in which the
operator is authorized to operate. Passageways, halls, doors, and exits
from buildings occupied by an operator shall be kept clear of stored
material and debris. The City may, at the request of the operator, and
at the discretion of the Airport Manager, assist the operator in snow,
ice, debris and weed removal. Each operator shall indemnify and hold
the City, and its officials, agents, and employees harmless from all
liability in connection with such snow, ice, debris and weed removal.
6.3.13 Insurance. Unless otherwise agreed, each operator shall
maintain in force during the time operations are conducted at the Airport
the insurance coverages specified below. The Airport Manager may re-
quire other types of insurance policies (e.g., hangar keepers, product
liability, aircraft liability) when the maintenance of such insurance
Rules - 18
is in the public interest. Each policy required by these prOV1Slons
shall be written as a primary policy, not contributing with or in excess
of any cov~rage which the City may carry. The operator shall deliver
copies of each policy to the Airport Manager before beginning operations.
Each liability policy shall be written on an "occurrence" form with an
admitted insurance carrier licensed to do business in the State of
Oregon and shall contain an endorsement entitling the City to not less
than 30 days prior written notice of any material change, nonrenewal or
cancellation. The adequacy of all insurance required by these rules
shall be subject to approval by the Airport Manager.
6.3.13.1 Comprehensive General Liability. The operator
shall maintain a broad form comprehensive general liability insur-
ance policy with coverage of not less than $500,000 combined single
limit per occurrence, with aggregate of $1 million, for bodily in-
jury, personal injury or property damage. Such policy shall contain
a contractual liability endorsement to cover the operator's indem-
nification obligations under these rules. The policy shall also
contain an endorsement naming the City as an additional insured, in
a form satisfactory to the City, and expressly providing that the
interest of the City shall not be affected by the operator's breach
of the policy provisions.
6.3.13.2 Comprehensive Automobile Liability. The operator
shall maintain a comprehensive automobile liability insurance policy
on all motor vehicles regularly used at the Airport with coverage
of not less than $500,000 combined single limit per occurrence with
aggregate of $1 million for bodily injury, personal injury or prop-
erty damage. The coverage shall include both hired and non-owned
auto liability. The policy shall also contain an endorsement nam-
ing the City as an additional insured, in a form satisfactory to
the City, and expressly providing that the interest of the City
shall not be affected by the operator's breach of the policy provi-
sions.
6.3.13.3 Worker's Compensation Insurance. The operator
shall comply with the Oregon worker's compensation law by qualify-
ing as a carrier-insured employer or as a self-insured employer and
shall strictly comply with all other applicable provisions of such
law. The operator shall provide the City with the assurances that
the City may require that the operator is in compliance with the
worker's compensation law. This rule is not intended to require
worker's compensation by an operator for agents, when that coverage
is not required by state law.
6.3.14 Indemnification. An operator shall indemnify and hold the
City of Eugene and its officers, agents and employees, harmless from and
against all claims, actions, liabilities, costs, including costs of de-
fense, arising out of or in any way related to the operator's activities
at the Airport, the operator's failure to comply strictly with any pro-
vision of these rules or of the operator's lease or permit with the City,
or of any other actions or failure to act by the opertor and the opera-
tor's employees, agents, officers and contractors. In the event any such
Rules - 19
action or"claim is brought against the City, the operator shall, if the
City so elects and upon tender by the City, defend the same at the opera-
tor's sole expense and cost, promptly satisfy any judgment adverse to the
City or to City and operator jointly, and reimburse the City for any
loss, cost, damage or expense suffered or incurred by the City, including
any legal fees, or fines paid to the FAA or any other governmental agency
arising from the operator's activities.
6.3.15 Vending Machines. An operator shall not install or operate
vending machines, pay telephones, coin-operated amusement machines or
devices in or upon any leased premises, except as approved by City.
City specifically reserves the right to arrange for the installation
of such machines or devices and such other concessions as the City may
desire.
6.3.16 National Emergencies. During time of war or national emer-
gency, the City shall have the right to lease the Airport, or any part
of the Airport to the United States for military use. Any permit,
lease, or authority granted under these rules shall be subject to and
controlled, in the event of inconsistency, by that government lease.
6.3.17 Existing and Future Government Agreements. Any permit,
lease, or agreement entered into under these rules shall be subject to
the terms the sponsor's assurances and agreements now required orcimposed
in the future between the City and the FAA or its successor, any exist-
ing or future agreement between the City of Eugene and the United States,
and to any directive from the FAA or its successor to the City, relative
to the operation or the maintenance of the Airport or the obtaining of
federal grants.
6.3.18 Airport Layout Plan/Airport Master Plan. The City reserves
the right to make changes in the Airport Layout Plan and Airport Master
Plan. The City reserves the power to designate as common use areas any
areas which have not been specifically leased or reserved to any person
or party by a written agreement.
6.3.19 City Use of Leased Land. The City has the right to tempor-
arily occupy any part of an area which has been leased or reserved to
any person by a written agreement, so long as the City use does not
interfere with the principal use of the land by the lessee or permittee.
The City may require any structure or building on any leased property
to be relocated on the property if the relocation is needed in connec-
tion with an expansion or improvement of the Airport. The City shall
pay the operator compensation for any temporary or permanent taking to
the extent required by law.
6.3.20 Discrimination. No person shall, in the use of the Airport
'or any of its facilities, discriminate or permit discrimination against
any person on the grounds of race, color, creed, national origin, sex
or age, or otherwise discriminate in violation of federal, state or
local law. Each operator shall furnish all services authorized or
licensed by the City of Eugene by charging fair, reasonable and not un-
justly discriminatory prices for each unit of service; provided, however,
Rules - 20
that the operator may make reasonable and non-discriminatory discounts,
rebates, or other similar types of price reductions to volume purchasers,
if permitted by law.
7. PERFORMANCE STANDARDS FOR PARTICULAR ACTIVITIES.
In addition to the general standards set out above, each permit or lease
for the following described operations shall conform to the following require-
ments. If an operator provides two or more of the services set forth below,
the operator shall be permitted to combine the lot size and building size
requirements for the services, so long as the total land provided is equal
to at least 75% of the aggregate requirements for all services provided and
100% of the largest single requirement, and so long as the total building
space provided is equal to at least 50% of the aggregate requirements for
all the services provided and 100% of the largest single requirement:
7.1 Fueling, Oil Sales, and Transient Aircraft Services.
7.1.1 Required Lot Size. The leasehold shall contain sufficient
square footage for buildings, paved parking areas adequate for accom-
modating twenty standard-sized automobiles, paved parking and tie-down
areas of adequate size and strength to accommodate twenty general-avia-
tion aircraft in the 12,500 pound category.
7.1.2 Required Building Size. The operator shall have:
7.1.2.1 A minimum of 1,000 square feet of lighted, heated
and air conditioned building space on Airport property for office,
restrooms, public lounges, and pilot's lounge.
7.1.2.2 A heated, clear-span hangar to accommodate over-
night hangar customers, containing 8,000 square feet of usable
aircraft storage space, in addition to any space required for the
operator's other operations.
7.1.3 Required Personnel. The operator shall have an adequate
number of qualified personnel to render competent service to general
aviation customers.
7.1.4" Required Equipment. The operator shall have adequate
ground support equipment including, but not limited to, ground power
units, oxygen carts, portable compressed air, passenger-loading steps,
tools, jacks, and towing equipment necessary to service the general
aviation aircraft normally frequenting the Airport.
7.1.5 Fueling Facilities. The operator shall have:
7.1.5.1 Adequate fuel storage facilities of sufficient
capacity to accommodate fully loaded interstate fuel transport
trucks (10,000 gallons) and suitable pumping equipment for each
type of fuel offered. Such fueling facilities shall be located
in the Airport fuel farm area unless otherwise authorized by the
Rules - 21
Airport Manager; and
7.1.5.2 Two fuel-dispensing trucks, a jet fuel truck hav-
ing a minimum capacity of 2,000 gallons and an aviation gasoline
truck having a minimum capacity of 1,500 gallons. Each truck will
be equipped with adequate and appropriate filtering devices and
meters. Fuel shall be available in such types and quantities to
meet all reasonable demands of the aircraft normally frequenting
the Airport. Both jet fuel and aviation gasoline shall be offered.
7.1.6 Required Service. The service shall include, but not be
limited to, fueling, parking, washing, tieing down aircraft, inflating
aircraft tires and changing aircraft oil. The operator shall provide
vehicles for the transportation of aircraft occupants from the parking
ramp to the lounge.
7.1.7 Hours of Operation. As a minimum, the facility shall be
open for business during the same periods that the FAA Control Tower at
Eugene is in operation, but no less than fourteen hours per day seven
days per week.
7.2 Aircraft Engine and Accessory Maintenance and Repair. The operator
must offer air frame power plant and accessory repair for small aircraft
(12,500 pounds and under) and must meet all requirements as specified under
FAR Parts 43 and 65.
7.2.1 Required Lot Size. The leasehold shall contain:
7.2.1.1 Sufficient square footage of paved parking area
for ten standard-sized automobiles, and
7.2.1.2 Paved parking and tie-down area of adequate size
and strength to accommodate five general aviation type aircraft in
the 12,500 pound category as specified in FAA AC 150/5320-6C and
AC 150/5300-48, or as amended.
7.2.2 Required Building Size. The operator shall have:
7.2.2.1 A minimum of 500 square feet of properly lighted
and heated building space on Airport property for office, restrooms,
and public use area.
7.2.2.2 A 4,000 square foot clear-span hangar of adequate
dimensions to accommodate maintenance and repair services for air-
craft normally frequenting the Airport.
7.2.3 Required Personnel. The operator shall have one qualified
full-time I-A Mechanic and as many other properly trained personnel as
may be required to perform the various maintenance repairs in an effi-
cient manner.
7.2.4 Required Equipment. The operator shall have:
7.2.'4.1 Sufficient equipment, supplies and parts to per-
Rules - 22
form" maintenance in accordance with manufacturer's recommendations
and to meet the needs of the various types of aircraft normally
frequenting the Airport.
7.2.4.2 Sufficient equipment to properly remove from the
landing area any disabled aircraft weighing 12,500 pounds or less
within a reasonable period of time.
7.2.5 Required Service. The operator shall have a stock of air-
craft parts and accessories, adequate in supply and variety to satisfy
the demand.
7.2.6 Hours of Operation. The minimum operating hours of the
facility shall be from 8:00 a.m. to 5:00 p.m., five days a week, exclud-
ing holidays.
7.3 Aircraft Radio and Instrument Sales, Service, and Repair. The
operator must provide a radio and instrument repair service at the Airport
and must hold all applicable certificates and ratings required under FAR Part
145 and FAR Part 65.
7.3.1 Required Lot Size. The operator shall have available to it
at all times, by ownership, lease, or contract, sufficient hangar space
to accommodate customer requirements.
7.3.2 Required Building Size. The operator shall have a minimum
of 300 square feet of properly lighted and heated building space on Air-
port property for office, shop, and other needs.
7.3.3 Required Personnel. The operator shall have one person
qualified for the services to be provided in accordance with the terms
of the repair station certificate.
7.3.4 Hours of Operation. The minimum operating hours of the
facility shall be from 8:00 a.m. to 5:00 p.m., five days a week, exclud-
ing holidays.
7.4 Aircraft Charter and Taxi. The operator must be certificated by
the FAA under FAR Part 135 with appropriate ratings and licensing.
7.4.1 Required Lot Size. The leasehold shall contain sufficient
tie-down and hangar space to accommodate the projected inventory of air-
craft.
7.4.2 Required Building Size. The operator must have a minimum
of 100 square feet of properly lighted and heated space on Airport prop-
erty for office and public use area. The operator may satisfy the obli-
gation to provide restrooms and lobby space by sharing lobby space and
restrooms with another operator in the same building. In addition, if
the operator provides air cargo service, a minimum of 200 additional
square feet of storage space is required. .
7.4.3 Required Personnel. The operator must have one person hav-
Rules - 23
ing a current commercial pilot's certificate, who is appropriately rated
to conduct the service offered.
7.4.4 Equipment Requirements. The operator must own or lease in
writing at least one four-place aircraft or one two-place helicopter
meeting all the requirements of the air taxi/commercial operator's cer-
tificate held.
7.4.5 Hours of Operation. The minimum operating hours of the
facility shall be from 8:00 a.m. to 5:00 p.m., five days a week, exclud-
ing holidays.
7.5 Aircraft Rental.
7.5.1 Required Lot Size. The leasehold shall contain sufficient
tie-down and hangar space to accommodate the projected inventory of air-
craft.
7.5.2 Required Building Size. The operator must have a minimum
of 100 square feet of properly lighted and heated space on Airport prop-
erty for office, public use area, and restrooms. The operator may sat-
isfy this obligation to provide restrooms and lobby space by sharing
lobby space and restrooms with another operator in the same building.
7.5.3 Required Equipment. The operator must own or lease in writ-
ing a minimum of two currently licensed aircraft, or one currently
licensed helicopter.
7.5.4 Hours of Operation. The minimum operating hours of the
facility shall be 8:00 a.m. to 5:00 p.m., five days a week, excluding
holidays.
7.6 Flight Instruction.
7.6.1. Required Lot Size. The leasehold shall contain sufficient
tie-down and hangar space to accommodate the projected inventory of air-
craft.
7.6.2 Required Building Size. The operator must have a minimum
of 250 square feet of properly lighted and heated floor space on the
Airport property to provide for a combination classroom/briefing room,
office space, public use area and restrooms. The operator may satisfy
the obligation to provide restrooms and lobby space by sharing lobby
space and restrooms with another operator in the same building.
7.6.3 Required Personnel. The operator shall employ at least one
full-time certified Flight Instructor, with appropriate ratings to cover
the type of training offered.
7.6.4 Equipment Requirements. The operator shall own or have
under written lease at least two properly certified aircraft equipped
for flight instruction. One aircraft shall be fully equipped for instru-
ment flight instruction.
Rules - 24
7.6.5 Hours of Operation. The minimum operating hours of the
facility where instruction is offered shall be 8:00 a.m. to 5:00 p.m.,
five days a week, excluding holidays.
7.7 Hangars.
7.7.1 Location. Hangars may be located only in specially desig-
nated areas shown in the Airport Layout Plan and Airport Master Plan for
hangar sites or T-hangar sites.
7.7.2 Compatibility of Design and Construction. Hangars located
in the area used for T-hangars must be similar in appearance to the
existing T-hangars and contain a minimum of ten (10) hangar units, space
permitting. These hangars shall be sheathed in metal with non-gloss
colored baked enamel finish over minimum spangle galvanized steel meet-
ing ASTM A446 Standard. The baked enamel to be a minimum of one mil or
greater in thickness. Roofs shall be galvanized metal meeting ASTM
A446 standard. Construction shall be in accordance with applicable
building, plumbing, mechanical and electrical codes of the City of
Eugene.
7.7.3 Approval of Plans. Plans and specifications for hangars
shall be approved by the Airport Manager and the City Building Official
prior to applying for a building permit. Hangars in the non-commercial
area may be constructed as rental hangars. The renter shall not use
these hangars for any commercial purpose and shall limit the use to
storage of aircraft.
7.7.4 Uses. Noncommercial hangars may not be used for commercial
purposes except to sublease space for storage of aircraft and the main-
tenance and repair of the aircraft stored in that hangar.
8. GROUND TRANSPORTATION SERVICES.
8.1 Authorized Activities.
8.1.1 Any person engaging in a ground transportation activity
shall obtain a permit to do so from the Airport Manager. In particular,
a permit shall be required for operators of taxicabs, limousines, vans,
and buses who pick up passengers or cargo at the Airport for transpor-
tation to an off-Airport destination.
8.1.2 Passenger and cargo pickup shall occur only in the areas
designated by the Airport Manager.
8.2 Permit Conditions.
8.2.1 The Airport Manager may impose such conditions and require-
ments on a ground transportation activity permit as the Airport Manager
deems necessary to protect the public interest. Such conditions shall
include at a'minimum: identification of the vehicles to be used, re-
quirements on posting rates and certificates, operational and mainten-
Rules - 25
ance requirements for such vehicles, restrictions on driver conduct
and dress, necessary insurance, and required indemnification to the
City.
8.2.2 Ground transportation permits shall be issued and revoked
under the procedures set out in sections 9 and 10 of these rules.
8.3 Limitation on Number of Permits.
8.3.1 The Airport Manager is authorized to limit the number of
permits issued for a particular ground transportation activity whenever
such a limitation would serve the public interest. In exercising this
authority, the Airport Manager shall consider:
8.3.1.1 Whether an exclusive permit or limitation on the
number of permits is necessary in order to provide consistent,
reliable, convenient and relatively inexpensive transportation
service to persons who arrive at and leave the Airport;
8.3.1.2 Whether congestion on Airport access roads or
passenger pickup areas requires limiting the number of vehicles
of a particular type or function using those areas; and,
8.3.1.3 Such other factors as the Airport Manager deems
relevant.
8.3.2 The determination of the Airport Manager on the need for
limiting the number of permits for a particular ground transportation
activity shall be in writing and shall be based on whatever investiga-
tion and record the Airport Manager deems appropriate.
8.3.3 Whenever a limitation is placed on the number of permits
issued for a particular ground transportation activity, the Airport
Manager shall use competitive processes in the award of the permit or
permits for that activity. The competitive process may be public bid-
ding, requests for proposals, requests for quotations, informal solici-
tation, or whatever process the Airport Manager determines is likely to
maximize revenue and minimize costs to the City and discourage favor-
itism and increase competition in the award of the permits.
8.4 Ground Transportation Activity Permit Fees.
8.4.1 Fees for particular types of ground transportation acti-
vity permits shall be set by the Airport Manager using the notice and
comment procedures set forth in Section 2.441 of the Eugene Code, 1971.
The decision of the Airport Manager on the amount of the permit fee
shall be final.
8.4.2 In determining the amount of the fee for particular types
of ground transportation activity permits (e.g., taxicabs, limousines
or vans for off-Airport car rental agencies, etc.), the Airport Manager
shall consider:
Rules - 26
8.4.2.1 The amount charged for such permits in the past;
8.4.2.2 Comparable amounts or rates, if any, charged by
other airports;
8.4.2.3 The consideration paid to the City by comparable
users of the Airport;
8.4.2.4 The revenue needs of the Airport;
8.4.2.5 The need to create incentives for businesses to
locate and operate at the Airport;
8.4.2.6 The benefits obtained by the business from its
operations at the Airport; and,
8.4.2.7 The need for a variety of economically viable
transportation activities at the Airport.
9. APPLICATION FOR PERMIT OR LEASE.
9.1 Application. Applications for Airport leases or permits shall be
made to the Airport Manager on a form prescribed by the Airport Manager. The
application shall state the services to be offered, the need for the service,
how the operation complies with these rules and the Airport Master Plan, the
number of persons to be employed, and the expected effects of allowance of
the application. The application shall be signed and submitted by every per-
son owning a substantial interest in the business, those who will be managing
the business, and every general partner of a partnership. The application
form currently prescribed shall be attached as an appendix to these rules.
9.2 Permit Fee. The application shall be accompanied by a fee set by
the Airport Manager under Sections 2.440 to 2.442 of the Eugene Code, 1971.
9.3 Supporting Documents. The application shall be accompanied by the
documents and information required by the Airport Manager, which may include:
9.3.1 A current financial statement of the applicant prepared
by a certified public accountant;
9.3.2 A listing of the assets, owned or being purchased, which
will be used in the operation;
9.3.3 A written authorization for the FAA, and all aviation and
aeronautical commissions, administrators, or departments of all states
in which the applicant has engaged in aviation business, to supply the
City of Eugene with all information in their files relating to the
applicant or its operations. The applicant shall execute such forms,
releases, and discharges as may be required by any of these agencies;
and,
9.3.4 A description and chronology of all other aeronautical
Rules - 27
activities or businesses conducted at an airport by the applicant, its
principal owners, and managers.
9.4 Review of Application. An application shall be allowed or denied
within 45 days after receipt of a complete and accurate application. Any
application not allowed within that time shall be deemed to be denied. The
Airport Manager may deny an application if he or she finds anyone or more
of the following to be true:
9.4.1 The requested operation is inconsistent with the Airport
Master Plan, the Eugene-Springfield Metropolitan Area General Plan, the
Eugene Code, 1971, these rules, or any other provision of federal, state
or local law;
9.4.2 The applicant's past or present violation of laws or regu-
lations presents a reasonable doubt about the applicant's ability to
conduct activities at the Airport without endangering property or the
public's health or safety;
9.4.3 The applicant possesses insufficient skill or expertise to
conduct the desired activity;
9.4.4 Allowance of the application will require the expenditure
of public funds in connection with the proposed operation;
9.4.5 There is no appropriate, adequate, or available space of
building on the Airport to accommodate the entire activity of the appli-
cant at the time of application;
9.4.6 Development or use of the area requested by the applicant
will unduly interfere physically with existing operations at the Airport;
9.4.7 The applicant has supplied the City with false information
or has misrepresented a material fact in the application;
9.4.8 The applicant has defaulted in the performance of any lease,
permit or other agreement with the City;
9.4.9 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;
9.4.10 The applicant has a history of not paying debts when due;
9.4.11 The applicant is unwilling to execute a permit or lease in
the form and containing the provisions required by the City; or
9.4.12 Other reasons, in the sole judgment of the Airport Manager,
require denial of the application for the protection of the health, wel-
fare or safety of users of the Airport.
Nothing contained herein shall be construed to prohibit the City from grant-
ing or denying, for any reason it deems sufficient, an application to do
Rules - 28
business on the Airport or to use any area of the Airport.
9.5 Action on Application. Unless denied by inaction, the Airport Man-
ager shall issue a written decision on the application. The application
shall be allowed only upon execution of a permit or lease on a form and con-
taining provisions acceptable to the City. The decision of the Airport
Manager on allowing an application shall be final.
9.6 Appeal of Denial of Application. An applicant may appeal the
denial of an application within 15 days after the date of notice of denial.
The appeal shall be in writing and state the name and address of the appel-
lant and how the Airport Manager made a factual error in denying the appli-
cation. Unless the City and the appellant agree to a longer period, the
appeal shall be heard by a hearings official appointed by the City Manager
and conducted within 15 days of the receipt of the notice of appeal. At
least 10 days prior to the hearing the City shall mail notice of the time
and location thereof to the appellant. The hearings official shall hear and
determine the appeal on the basis of any evidence the hearings official deems
appropriate. The rules of evidence used in courts do not apply. The hear-
ings official shall issue a written decision on the appeal within 10 days of
the hearing date. If the hearings official concludes that the Airport Man-
ager made a factual error in denying the application, the matter shall be
remanded to the Airport Manager for further review. The decision of the
hearings official denying the appeal is final.
9.7 Charges and Rents. The permit or lease shall provide for the peri-
odic payment to the City of a sum based on the following:
9.7.1 The amount charged for such use in the past;
9.7.2 Comparable amounts or rates, if any, charged by other air-
ports;
9.7.3 The amounts paid or benefits given by comparable users of
the Airport; and
9.7.4 The revenue needs of the Airport.
9.8 Operating Agreements. The provisions of Rules 9.1 to 9.6 do not
apply to operating agreements for the following operators. Use of the air-
field shall be allowed for such entities subject to federal and state law
and to reasonable conditions for such use imposed in an operating agreement.
9.8.1 Certificated Route Air Carriers, i.e., an air carrier hold-
ing a certificate of public convenience and necessity issued by the
Oregon Department of Transportation to conduct scheduled services;
9.8.2 Supplemental Air Carriers, i.e., an air carrier holding a
certificate of public convenience and necessity issued by the Oregon
Department of Transportation authorizing the carrier to perform passen-
ger and cargo charter services supplementing the scheduled service of
the Certificated Route Air Carriers;
Rules - 29
9.8.3 Aircraft Charter, i.e., the prOV1Slon of aircraft for hire,
with pilot, on an irregular or unscheduled basis in accordance with FAR
Part 121, which aircraft has a minimum seating capacity of 60 or more
passengers;
9.8.4 Air Commuter Service, i.e., operation of aircraft in accord-
ance with FAR Part 135, providing carriage for persons or property for
hire in an aircraft having a maximum seating capacity of less than 20
passengers or a maximum payload capacity of 6,000 pounds (for inter-
state transport) or an aircraft having a maximum seating capacity of
less than 309 passengers or a maximum payload capacity of less than
7,500 pounds (for intrastate transport), which operation performs at
least five round trips per week between two or more points and publishes
flight schedules which specify the times, days of the week, and points
between which flights are performed.
10. REVOCATION OF PERMIT OR LEASE.
10.1 Grounds for Revocation. Unless otherwise provided in the lease
or permit, the Airport Manager may terminate any lease or revoke any permit
upon the happening of any of the following:
10.1.1 Failure of the operator to pay any rental, fee or other
charge when due and within seven (7) days after notice from the City
of such nonpayment;
10.1.2 Failure of the operator to comply with any provision of
these rules or with any provision of the lease or permit within thirty
(30) days after notice from the City specifying the nature of the defi-
ciency with reasonable particularity and the corrective action that is
to be taken within such period to cure the deficiency;
10.1.3 The filing by the operator of a voluntary petition in
bankruptcy or the filing of an involuntary petition in bankruptcy
against the operator and the failure of the operator to dismiss such
proceeding within ninety (90) days after the filing;
10.1.4 The taking of possession of all or substantially all of
operator's assets pursuant to proceedings brought under the provisions
of any federal reorganization act and the failure of the operator to
secure the return of such assets and the dismissal of such proceedings
within ninety (90) days from the date of the takinmg of such possession;
10.1.5 The appointment of a receiver of all or substantially
all of operator's assets and the failure of operator to secure the re-
turn of its assets and the dismissal of such receivership proceeding
'within ninety (90) days from the date of such appointment.
10.1.6 The taking of possession of the leased premises, or any
portion thereof, or all or substantially all of the assets of operator
by virtue of' any attachment, execution or levy of any judicial process
in any action instituted against the operator in any court of competent
Rules - 30
jurisdiction and the failure of the operator to secure the release of
such attachment, execution or levy within ninety (90) days from the date
of the taking of such possession;
10.1.7 The assignment by the operator of its assets fer the bene-
fit of creditors;
10.1.8 The abandonment or discontinuance of any permitted opera-
tion for a period of thirty (30) days unless the discontinuance is
approved by the Airport Manager. Suspension of operation caused by
strike or work stoppage shall not be construed as abandonment; or,
10.1.9 The operator or its agents have intentionally supplied the
City with false or misleading information or misrepresentation of any
material fact on the application or documents, or in statements to or
before the City, or have intentionally filed to make full disclosure on
the financial statement or other required documents.
10.2 Notice of Revocation. Upon determining that a ground for revoca-
tion of a lease or permit exists, the Airport Manager shall provide written
notice of revocation to the operator. The notice shall be given at least
15 days before the revocation becomes effective. The notice shall state the
reason for the revocation.
10.3 Summary Revocation. Upon determining that a ground for revocation
of a lease or permit exists, and that continuance of the lease or permit pre-
sents an immediate danger to persons or property at the Airport or unfairly
interferes with any permitted activity at the Airport, the Airport Manager
may summarily revoke the lease or permit. The revocation takes effect immed-
iately upon being received by the operator or upon being delivered to the
operator's address as shown in the lease or permit. The notice shall state
the reasons for the revocation.
10.4 Effect of Revocation. No person whose lease or permit has been
revoked by the City shall carryon any aeronautical activity or commercial
operation at the Airport for one year after that revocation. This rule may
be waived by the Airport Manager upon a showing of good cause.
10.5 Reconsideration of Revocation. On written request, filed within
ten days of the revocation, the Airport Manager shall reconsider revocation
of the permit or lease. The request shall be filed by the operator and shall
state the reasons why revocation was improper. The Airport Manager shall
decide whether to continue the revocation on the basis of whatever record
the Airport Manager deems necessary. The Airport Manager may decide the re-
consideration on the basis of the written request, may meet with the operator
to discuss the revocation, or may conduct an evidentiary hearing to resolve
any issues of fact. The written determination of the Airport Manager on
reconsideration shall be final.
11 . PENAL TIES.
11.1 Right to Remove.
Rules - 31
11.1.1 Ejection From Airport. In addition to any other penalty
provided by law, any person who violates these rules or fails to comply
with a lawful directive of the Airport Manager, may be promptly removed
or ejected from the Airport by or under the authority of the Airport
Manager.
11.1.2 Ban From Use of Airport. Any person who violates these
rules and whose continued presence at the Airport endangers persons or
property at the Airport or interferes with public use of the Airport or
its efficient operation, may be banned from the Airport by order of the
Airport Manager. Such an order shall be in writing and be immediately
effective upon service upon the person. The order shall state the rea-
sons for the ban and the length of time for the deprivation. The
affected person may appeal the order to a hearings official by filing
a written appeal with the Airport Manager. Such an appeal shall con-
form to the procedures and timelines set out in Section 10.5 of these
rules. The order of the Airport Manager shall remain in effect during
the pendency of any appeal. The decision of the hearings official on
the appeal shall be final.
11.2 Penalty For Violations. Violation of these rules is made unlawful
under Sections 2.425 and 4.005 of the Eugene Code, 1971. Any such violation
is subject to prosecution in the appropriate court and to the penalties and
remedies provided by law.
11.3 Complaints. Any complaint against any person for violation of
these rules shall be in writing and signed by the person submitting the com-
plaint. The complaint shall specify dates, times, and witnesses, if any.
Rules - 32
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HELICOPTER OPERATIONS AREA
1--
Rules - 33
EXHIBIT 2 - DESIGNATED SPEECH AREAS
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L! seATlNG!J
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BAGGAGE CLAIM
T1CKET COUHT'ERS
TICKET LOBBY
'. ..:'\.,:....
SERlNG ReHT.A.t CAR COUNTERS SERING SE.l.TIHQ
.~:--:
· 0-=0 G=O Gc:aO G_g o=a OemG coae OCDI OemO
: VESTIBUlE · \1!SlIlIUl..E VEST18Ut.e vesneuu;ll 1
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. : ~ DESIGNATED SPEECH AREA
PORTE..cocHERE
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'-------___ ...J
Rules - 34