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HomeMy WebLinkAbout2010-014 YMC Amendment Chapter 1.92 Adding Requirement for City Residency by Yakima Air Terminal Board Members ORDINANCE NO. 2010 -14 AN ORDINANCE amending the Yakima Municipal Code to provide that members of the Yakima Air Terminal Board appointed by the City shall be residents of the City and adding that requirement to Chapter 1.92, Yakima Air Terminal, and specifically section 1.92.010. Section 1. Section 1.92 of the City of Yakima Municipal Code is amended to read as follows: Chapter 1.92 YAKIMA AIR TERMINAL Sections: • 1.92.010 General provisions. 1.92.020 Fuel handling. 1.92.030 Airport petroleum products license and flowage fee. 1.92.040 Of airport rental car business activity. 1.92.050 Airport ground control and security. 1.92.010 General provisions. A. Definitions. As used in this chapter: (1) "Airport/air terminal" means areas within the legal boundaries of the Yakima Air Terminal as defined in Exhibit A of the Joint Air Terminal Operation Agreement, dated June 30, 1982, on file for public review in the office of the Yakima Air Terminal manager, and all areas immediately adjacent to the air terminal property as defined above, that have taxiways, ramps, and the like intended as a means of access for aircraft to and from the air terminal. (2) "Restricted area" means any portion of the Yakima Air Terminal now or hereafter consisting of the air operations area (AOA), security identification display area (SIDA), general aviation areas (GA), and passenger pre- boarding area as those terms are defined by this section. (3) "Air operations area" means that portion of the restricted area of the Yakima Air Terminal consisting of taxiways and runways and property adjacent thereto now or hereafter posted or fenced with signs designating the boundaries of and warning against entry into such air operations area (4) "Security identification display area" means that portion of the restricted area of the Yakima Air Terminal adjacent to terminal building concourses, now or hereafter used for loading and unloading of passengers and baggage of air carriers and as identified in the Yakima Air Terminal Security Manual (restricted access document). (5) "General aviation area" means that portion of the restricted area of the Yakima Air Terminal now and hereafter designated by directory and warning signs to be used for general aviation purposes, including loading, unloading and performing services in connection with aircraft other than aircraft operated by air carriers. (6) "Passenger pre- boarding area" means that portion of the Yakima Air Terminal building now or hereafter separated by barriers from the unrestricted area therein and posted with a warning sign(s) giving notice that entry of persons into the passenger pre- boarding area is restricted and all persons entering that area are subject to the passenger pre- boarding screening process in accordance with applicable laws, rules and regulations. (7) "Air carrier" means a person, firm or corporation engaged in transporting persons and freight by air, required by applicable laws, rules or regulations to conduct pre- departure screening of enplaning passengers and having a contract or other agreement with the Yakima Air Terminal board to conduct such operations at the Yakima Air Terminal, either regularly or on specific dates. (8) "Public parking area" means any portion of the Yakima Air Terminal now or hereafter designated by sign(s) to be used for parking of vehicles by the general public. (9) "Controlled parking area" means any portion of the Yakima Air Terminal now or hereafter designated by sign(s) to be used for parking of specified vehicles or vehicles of a specified type or for a specified purpose. (10) "East ramp and west ramp" mean those portions of the Yakima Air Terminal ramp area now or hereafter designated for aircraft parking by resolution of the Yakima Air Terminal board (11) "Yakima Air Terminal Security Plan" means the Yakima Air Terminal Security Plan as promulgated pursuant to Code of Federal Regulations, Aeronautics and Space, Federal Aviation Administration Regulations 14 CFR Part 107, Airport Security, dated January 1, 1991. The Security Plan is a restricted access document, and all requests for information contained therein shall be directed to the Director, Civil Aviation Security, Federal Aviation Administration. (12) "Dispenser" means any unit used for the storage and /or transfer of aviation fuels, lubricants or oxygen, or other fuels, lubricants or oxygen intended to be used in aircraft, including, but not limited to, tanks and associated equipment, tank trucks or tank vehicles, hydrant systems, fuel pits (whether above or below ground), mobile or fixed oxygen service units, lubrication dispensers, and any other type of device used for the storage or transfer of fuels, lubricants and oxygen. (13) "Fueling agent" means: (1) any person, firm or corporation engaged in the business of selling fuel, lubricants or oxygen to any other person, firm or corporation at the Yakima Air Terminal; or (2) any self - fueler, that is, a person, firm or corporation engaged in the business of supplying fuel, lubricants or oxygen to equipment owned, in whole or in part, by the person or corporation. B. Authority of Yakima Air Terminal Board. The Yakima Air Terminal, through the airport manager, as the public entity having jurisdiction of all air terminal property, is authorized to establish practices and procedures for operations and activities of the Yakima Air Terminal, to administer the provisions of this chapter and other federal, state and local laws, rules and regulations applicable to air terminal operation and activities, to place and maintain warning and directory signs as required by this chapter or as the manager deems necessary or desirable, and to administer provisions of this chapter and other applicable laws, rules and regulations, all with the concurrence of the Yakima Air Terminal board. The members of the Board appointed by the City shall be residents of the City. C. Enforcement. Unless otherwise provided herein, the provisions of this chapter are enforceable by all law enforcement personnel of the city of Yakima, the Yakima Air Terminal, and those members of the airport staff designated as security officers or named specifically for parking enforcement by the Yakima Air Terminal board. D. Approved Rules and Regulations. The following publications, documents and circulars are approved for incorporation into the rules and regulations of the Yakima Air Terminal. In the event of conflict between /among regulations, the most stringent regulation shall apply. A complete copy of each shall be on file for public review, in the office of the Yakima Air Terminal Manager, 2400 West Washington Avenue, Yakima, Washington. (1) Uniform .Fire Code (1991 Edition, replaced by the latest edition hereafter), Part IV, Article 24, Airports, Heliports, and Helistops, Division 1- General, Division 2- Refueler Units, Division 3- Helistops, except Division 1- General, Section 24.107 drip pans and Section 23.203(c) (only one qualified person shall be required for fuel transfer from a mobile fueler.) (2) Uniform Fire Code (1991 Edition, replaced by the latest edition hereafter), Part VII- Special Subjects, Article 79, Flammable and Combustible Liquids, in its entirety. (3) National Fire Protection Association Part 407, Aircraft Fueling Servicing, 1990 Edition, replaced by the latest edition hereafter. (4) Federal Aviation Administration Advisory Circular 00 -34A, Aircraft Ground Handling and Servicing, dated 7/29/74, replaced by the latest edition hereafter. (5) Federal Aviation Administration Advisory Circular 150 - 5230 -4, Aircraft Fuel Storage, Handling, and Dispensing on Airports, dated 8/27/82, replaced by the latest edition hereafter. (6) Federal Aviation Administration Regulation 14 CFR 139.321, Handling and Storage of Hazardous Substances and Materials, dated January 1, 1991, replaced by the latest edition hereafter. 1.92.020 Fuel handling. A. No person shall store, dispense or otherwise handle aviation fuel, lubricants or oxygen (other than article and materials that are, or are intended to be, aircraft cargo) at the Yakima Air Terminal unless such person: (1) Has completed an aviation fuel training course in fire safety that meets the requirements set forth in the Federal Aviation Administration Regulations 14 CFR Part 139.321; or (2) Has successfully completed on-the-job training in aviation fuel handling fire safety from a person trained in subsection A of this section; and (3) Is registered with the Yakima Air Terminal and has provided acceptable documentation that the training in subsections A(1) or (2) of this section has been successfully completed; and (4) Possesses a valid identification badge issued by the Yakima Air Terminal manager. B. Identification badges are available at the Yakima Air Terminal manager's office, by appointment, for a nonrefundable fee of ten dollars. Within three days of termination of employment, the fueler's identification badge must be returned to the airport manager's office. It shall be the responsibility of the fuel handler's employer to assure the return of the identification badge. The employer shall submit to the air terminal manager a fee of fifty dollars for each badge not returned within the stated time period. The air terminal manager must be notified within three days of any lost, stolen or missing identification badges. A nonrefundable fee of five dollars will be charged for reissuing identification badges. C. Each air terminal tenant fueling agent shall annually certify to the air terminal manager that all fuel handlers employed by that agent have ,received the training outlined in subsection A of this section. This information shall be reported by June 1st of each year and shall include the name of each person authorized pursuant to subsection A of this section to fuel and a list of training accomplished. D. It is a civil infraction for any person to fuel, or otherwise handle fuel, lubricants or oxygen on the airport without visibly displaying the fuel handlers identification badge, on his /her person, unless such person is receiving on -the- job training and is under the direct and immediate supervision of a person authorized to handle fuel as outlined in subsection A of this section. E. It is a civil in infraction for any person to use, or allow the use of, aviation fuel, lubricants or oxygen from any dispenser whether fixed or mobile, which does not comply strictly with all pertinent sections of the Uniform Fire Code, National Fire Protection Association Part 407 (latest edition), F.A.A. Advisory Circular 150/5230 -4 (latest edition). F. It is a civil infraction for any person at the Yakima Air Terminal to dispense fuel, lubricants or oxygen from any dispenser, whether fixed or mobile, in a manner that is not strictly in compliance with procedures outlined in the Uniform Fire Code, National Fire Protection Association Part 407 (latest edition), and F.A.A. Advisory Circular 150/5230 -4 (latest edition). G. Penalty for Violations. (1) Any person in violation of subsections A, C, D or F of this section shall be penalized as follows: (a) First offense: Revocation of fueling privilege until conditions have been corrected, as determined by persons with appropriate authority outlined in subsection I of this section. (b) Second offense: A Class 3 infraction, subject to a civil penalty of not more than fifty dollars and seven -day revocation of fueling privilege. (c) Third and any subsequent offense: A Class 2 infraction, subject to a civil penalty of not more than one hundred twenty -five dollars and thirty -day revocation of fueling privilege. (2) Any person in violation of subsection E of this section shall be penalized as follows: (a) First offense: Immediate revocation of fueling privilege until discrepancy is corrected, as determined by persons with appropriate authority outlined in subsection 1 of this section. (b) Second offense: A Class 3 infraction, deemed committed by the owner and /or operator of the dispenser, whether fixed or mobile; subject to a civil penalty of not more than fifty dollars and mandatory revocation of fueling privilege until the discrepancy has been corrected. (c) Third and any subsequent offense: A Class 2 infraction, deemed committed by the owner and /or operator of the dispenser, whether fixed or mobile; subject to a civil penalty of not more than one hundred dollars and mandatory revocation of fueling privilege for one month. At the end of the suspension date, the dispenser may be put back into service only after it has been inspected and determined to be in compliance with all pertinent regulations. H. Applicability. (1) This subsection is applicable to all persons, corporations, firms and organizations which supply fuel, lubricants and oxygen to any other person, corporation, company or organization at the Yakima Air Terminal for use or intended for use in aircraft of any type or nature. (2) Subdivisions (1), (2) and (3) of subsection A of this section and subsections C, E, F and G of this section are applicable to persons, corporations, firms and organizations who dispense fuel, lubricants and oxygen to aircraft owned and operated solely by said person, corporation, firm or organization at the Yakima Air Terminal. (3) Subsections A, C, and D of this section are not applicable to FAA Part 121 or Part 135 Airline Operators while engaged in self - fueling. (4) This section is not applicable to wholesale fuel distributors who are licensed in accordance with Yakima Air Terminal board Resolution No. 12 -83- 003 -A, • Airport Petroleum Products License and Flowage Fee, except if such person, firm or corporation so licensed above engages directly in supplying fuel, lubricants or oxygen to aircraft, the subsections otherwise appropriate to the person, firm or corporation's activities apply. I. Authority. The following persons have the authority to administer the regulations set forth in this section and initiate enforcement action: (1) Yakima Air Terminal board and staff; • (2) City of Yakima code enforcement personnel; (3) City of Yakima fire chief, or his designee. 1.92.030 Airport petroleum products license and flowage fee. A. No person, firm or corporation shall deliver aviation gasoline, motor vehicle gasoline, diesel fuel, kerosene, aviation jet fuel or like substance (hereafter referred to as fuel) to any person, firm or corporation located at the Yakima Air Terminal with the knowledge that such fuel will be dispensed at the Yakima Air Terminal without first securing a license to do so, hereby designated as an airport petroleum license. Such license shall be obtained from the Yakima Air Terminal board through the airport manager's office and shall expire on the last day of December of each year. The annual fee for such license is fixed in the sum of fifty dollars, without regard to the date on which it is purchased. The term "located at the Yakima Air Terminal" as used throughout this section means any person, firm or corporation with direct access to the Yakima Air Terminal whose prime business is dependent upon airport operations or usage. B. Any person, firm or corporation who delivers said fuel to any person, firm or corporation located at the Yakima Air Terminal, shall pay to the Yakima Air Terminal a fuel flowage fee of five cents for each gallon of fuel. C. On or before the tenth day of each month, each person, firm or corporation delivering fuel as designated in this section shall render to the airport manager a statement showing the type of fuel, and the number of gallons delivered in the previous month, to whom delivered, and the amount due the Yakima Air Terminal board pursuant to this section, and remit with the statement the amount due. D. Exemption. Fuels used exclusively by the city of Yakima fire department and the Yakima Air Terminal are exempt from this section. An air carrier whose lease with the Yakima Air Terminal prohibits the charge of a fuel flowage fee also is exempt from this section. 1.92.040 Off - airport rental car business activity. A. No person, firm or corporation shall solicit, pick up or deliver customers in any manner at the Yakima Air Terminal for any rental car business not having an office at the Air Terminal without first having obtained an off - airport rental car business permit from the board for the operation of an off - airport rental car business. B. Off - airport rental car business permits will be issued annually for a twelve- month period within thirty days after the application has been submitted to the board, provided the application is approved. C. The board may issue an off - airport rental car business permit only upon receipt of a signed and verified application from the rental car business owner(s) containing the following information, agreements, and proof: (1) The names and addresses of every person, partnership or corporation having an interest in the business; (2) For corporations not traded publicly, the names and addresses of all persons having an interest in the business; (3) Proof of comprehensive general liability and automobile insurance in the amount of at least five hundred thousand dollars combined single limit covering all business operations, employees and customers; (4) The make, model, color, identification number and motor vehicle registration number of all vehicles to be operated at the air terminal; (5) Proof of financial responsibility in the form of a cash bond or corporate surety bond in the amount of five thousand dollars, or other similar security acceptable to the board assuring the faithful performance of all obligations under the business permit and business permit application; (6) A written agreement to pay for the duration of the permit, to the board, a percentage fee equal to ten percent of gross rental revenues per month, as defined herein, payable on the tenth day of each month for the preceding month's receipts; (7) The names and job titles of local management personnel, as well as all business employees engaged in the operation of vehicles to be operated on airport property; (8) A written agreement covenanting to obey and follow all standards, rules and regulations published by the board; (9) Proof of all business and motor vehicle permits required by local, state and federal authorities; (10) A written agreement to submit written proof to the board of all gross receipts at the time payment is due; accompanied by a statement certified by an officer of the company attesting to the accuracy of payments due the board. " "Gross automobile rental revenue" means only the time and mileage charges and sums received by the operator from its customers for all vehicles rented from the air terminal, it being understood that such gross receipts include only receipts derived from the rental of automobiles to passengers picked up at the Yakima Air Terminal; (11) A written agreement to authorize the board to audit all business records and accounts at any time upon demand and to make such records and accounts available; (12) A written agreement that vehicles will stop only while in the process of loading and unloading customers with bona fide reservations. Upon request by an authorized representative of the board, the driver of a vehicle (or company personnel that may accompany them) shall provide the representative the name of such pre - reserved customer and other information applicable to the reservation. Drivers of vehicles (or company personnel that may accompany them) are prohibited from solicitation of business in any manner whatsoever upon the air terminal. The operation of vehicles will be specifically limited to picking up and delivering pre - reserved customers. "Solicitation" is seeking to obtain revenues through the Yakima Air Terminal; (13) A written agreement to park only in the parking and pickup area designated for off - airport rental cars; (14) The operator shall agree to indemnify, defend and save harmless the Yakima Air. Terminal board, the city and county of Yakima, and their elected and appointed agents, officials, and employees from any liability arising from the operator's activities while at the air terminal, including, but not limited to, the operator's care, custody and control of operator's passengers and operation of operator's motor vehicle at the air terminal; (15) A written agreement to abide by such additional requirements as the board shall impose from time to time. D. An off - airport rental car business permit will permit the business to pick up customers at the terminal or other areas of the airport in a designated van appropriate marked with operator's business name, or other motor vehicle, provided that no off - airport rental car business shall operate more than two designated motor vehicles at the air terminal, at the same time. E. An off - airport rental car business permit shall not permit a business to have an office or station at the air terminal, to park rental cars at the air terminal; and all of these actions and activities are expressly prohibited. F. An off- airport rental car business permit may be revoked by the board for cause at a public meeting upon seven days' notice. "Cause" includes, but is not limited to, a breach of any of the agreements herein; a failure to perform any of the agreement herein, including a failure to make timely payments; violation of board rules and regulations; violation of the laws of the federal government or the laws of the state of Washington or city of Yakima; and any other act or omission of the permittee adversely affecting air terminal business operations or posing a danger to the public health, safety or welfare. "Cause" also includes financial insolvency or instability. In the event a permit is revoked, all sums owed the board shall immediately become due and payable, and no fees or charges shall be refundable by the board An off - airport rental car business permit may, likewise, be denied for similar cause as it could be revoked. In addition, an off-airport rental car business permit may be denied or revoked when, in the opinion of the board, such action is necessary to protect the public health, safety or welfare, or to preserve the financial welfare of the board. In the event a permit is denied, the applicant shall be given written notice of the reasons within two days of the board's decision and shall have the right to a hearing before the board provided the appellant files notice of the appeal with the airport manager within ten days of the board's decision. G. Any person, firm or corporation violating any provision of this section shall immediately discontinue its rental car business activities at the Yakima Air Terminal at the demand of the board or its designee. H. It is a civil infraction to violate any provision of this section. All proceedings shall be conducted in accordance with RCW Chapter 7.80. Any person or corporation found by a court of law to have violated any such provision is subject to a penalty up to two hundred fifty dollars for each day during which a violation occurred. A notice of violation may be issued to the responsible party by any enforcement officer named in Section 1.92.010(C), upon reasonable grounds to believe a • violation by that party occurred. 1.92.050 Airport ground control and security. A. Entry Prohibited. It is unlawful for any person to enter any restricted area of the Yakima Air Terminal which is posted or fenced with signs warning against entry into such area, except the following persons are authorized to enter restricted areas: (1) The airport manager, airport employees under the supervision of the airport manager, and members of the Yakima Air Terminal board on official business may enter any restricted area at any time; (2) Law enforcement officers performing their duty may enter any restricted area at any time; (3) Any employee of an air carrier may enter any restricted area as may be necessary for the employee to perform his duties as assigned by supervisory personnel of such air carrier; (4) Enplaning and deplaning passengers of air carriers may enter the passenger pre- boarding area and security identification display area while in the process of enplaning or deplaning; provided, no enplaning passengers shall enter such restricted areas without first having been subjected to the final passenger screening process in accordance with applicable laws, rules, regulations or other requirements; (5) Owners, operators and other persons connected with the operation and servicing of aircraft located at the Yakima Air Terminal other than that of air carriers, and passengers and other persons being served by such aircraft, may enter the general aviation area, east ramp, west ramp and air operations area as may be necessary to operate and service such aircraft or to be served thereby; (6) Any person may enter a restricted area when escorted by the airport manager, airport employee, or airport board member; (7) Drivers and attendants of fire suppression vehicles and equipment, ambulances and other emergency vehicles and equipment may enter any restricted area as may be necessary to respond to a summons for emergency services; (8) Aircraft fuelers and other aircraft servicing personnel may enter the security identification display area when such fueling and /or servicing is requested by air carrier personnel for air carrier aircraft provided that such entry is in accordance with provisions of the Yakima Air Terminal Security Plan (restricted access document); (9) Any person specifically authorized to enter restricted areas by the provisions of the Yakima Air Terminal Security Plan (a restricted access document). B. Vehicle Parking. (1) Controlled Parking. It is a parking infraction for the operator of any vehicle to stop or park such vehicle in any controlled parking areas at the Yakima Air Terminal unless authorized to do so pursuant to the signing at such area. (2) Public Parking. It is a parking infraction for the operator of any vehicle to park a vehicle any place other than in an area designated by signs as a public parking area at the Yakima Air Terminal, unless such vehicle is stopped or parked in a controlled parking area in accordance with subsection B(I) of this section. (3) Impoundment. The airport manager, his designee, and any law enforcement officer of the jurisdiction, are authorized to be impounded or cause to be impounded any vehicle parked on Yakima Air Terminal property in violation of the provisions of this section. The applicable provisions of Chapter 9.48 of the city of Yakima Municipal Code shall govern the impoundment, towing, storage, redemption or other disposition of any vehicle impounded pursuant to this section. (4) Penalty. Violations of vehicle parking provisions shall be a parking infraction with a monetary penalty of ten dollars for each and every violation. The registered owner of the vehicle shall be presumed to have been the violator, unless another person admits to the violation and pays the penalty. (5) Parking Infraction- Monetary Penalty For Failure to Respond. If no response is made to a notice of parking violation within seven days from the date it is issued, there shall be a monetary penalty of five dollars added to the monetary penalty for committing the parking infraction; and further, such monetary penalty for failure to respond shall be increased to twenty dollars if the notice of parking infraction remains unpaid for a period of thirty days. After thirty days, the air terminal manager may, in addition to other available remedies, turn the unpaid penalties over to a collection agency, with the penalties and the associated collection expenses to be paid by the responsible party. C. Penalty for Violation. Any person convicted of violating any provision of this section, other than a parking infraction, is subject to punishment by a fine of not more than five hundred dollars or incarceration for not more than ninety days or by both such fine and incarceration. Section 2. This ordinance shall be in full force and effect 30 days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 23 day of March, 2010. fl Micah Cawley, M or • ATTEST: A L _ _Ark City Clerk Publication Date: March 26, 2010 Effective Date: April 25, 2010 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 2- Item No. . For Meeting of March 23, 2010 ITEM TITLE: An Ordinance amending YMC Chapter 1.92 adding the requirement that City appointed members of the Yakima Air Terminal Board are City residents SUBMITTED BY: City Council Rules & Procedures Committee CONTACT PERSON/TELEPHONE: City Council Rules & Procedures Committee SUMMARY EXPLANATION: On February 18, 2010 the City Council Rules and Procedures Committee reviewed the . residency requirements of all boards /committees /commissions to determine if changes should be made to residency requirements. A recommendation was made to the full Council on March 2, 2010 and City Council voted, directing staff to prepare the ordinances for consideration. Based on direction from the City Council, the staff respectfully requests consideration of an ordinance reflecting the city residency requirement for City appointed members of the Yakima 0 Air Terminal Board. , Resolution Ordinance X Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: �� de- /7 ity Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council to pass the ordinance. BOARD /COMMISSION /COMMITTEE RECOMMENDATION: City Council Rules & Procedures Committee recommends this ordinance amendment so that City appointed members of the Yakima Air Terminal Board are residents of the City of Yakima. COUNCIL ACTION: •