HomeMy WebLinkAbout07/18/2023 08. Ordinance amending City of Yakima Municipal Code Chapter 1.92 relating to the Yakima Air Terminal for the purpose of allowing parking fees to be assessed in public parking areas and controlled parking areas, addressing failure to respond toBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 8.
For Meeting of: July 18, 2023
ITEM TITLE: Ordinance amending City of Yakima Municipal Code Chapter 1.92
relating to the Yakima Air Terminal for the purpose of allowing
parking fees to be assessed in public parking areas and controlled
parking areas, addressing failure to respond to parking citations,
addressing vehicle impoundment as it relates to parking, and
addressing enforcement personnel
SUBMITTED BY: Robert Hodgman, Airport Director
*Sara Watkins, City Attorney
SUMMARY EXPLANATION:
City Council recently amended the parking provisions at the Yakima Air Terminal to allow for
penalties if people failed to pay for parking. This additional amendment further clarifies
assessment of parking fees in public vs. controlled areas, makes the failure to respond penalty
consistent with other parking infractions in the City, and clarifies that personnel with limited
commissions will be allowed to enforce parking regulations at the Yakima Air Terminal.
Im
Public Trust and Accountability
N :10101 J, I J, 14 ZII 17-IN III Is] z ;
Pass ordinance.
ATTACHMENTS:
Description
Upload Date
Type
D Ord-YMC 1.92.050—Redline
7/13/2023
Cowr Memo
D Ord-YMC 1.92.050—Final
7/11/2023
Ordinance
ORDINANCE NO. 2023-
AN ORDINANCE amending City of Yakima Municipal Code Chapter1.92 relating to the
Yakima Air Terminal for the purpose of allowing parking fees to be
assessed inpublic parking areas and controlled parking areas,
addressing failure torespond tuparking uitaUona, addressing vehicle
impoundment aaitrelates toparking, and addressing enforcement
personnel.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section - Section 1.92.010.General Provisions, cfthe City ufYakima Municipal
1.92.010 General Provisions
UATURTAIMS =-
(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 preboarding 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 agains!
entry into such air operations area.
(4) "Security identification display area" means that portion of the restricted area of tl-"-
Yakima Air Terminal adjacent to terminal building concourses, now or hereafter used f
loading and unloading of passengers and baggage of air carriers and as identified in t
Yakima Air Terminal security manual (restricted access document). I
(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.
posted with a warning sign(s) giving notice that entry of persons into the passenger
preboarding area is restricted and all persons entering that area are subject to the
passenger preboarding 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
predeparture 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.
(9) "Controlled parking area" means any portion of the Yakima Air Terminal now or
-I*r
a specified type or for a specified purpose.
(10) "East ramp and west ramp" mean those portions of the Takima Air Terminal rarri
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 vehicle
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 o
transfer of fuels, lubricants and oxygen. I
(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.
BG. Enforcement. Unless otherwise provided herein, the provisions of this chapter are
enforceable by all law enforcement personnel of the city of Yakima,,_-th-e-�'
a44d-those members of the airport staff designated as ._gj_[p2rtsecurity goqrqLrjg=tsar city of
Yakima employees granted special authority limited commissions to enforce parking
regulations.
bGafd.
gg. 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.)
(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 July 29, 1974, replaced by the latest edition hereafter.
(5) Federal Aviation Administration Advisory Circular 150/5230-4, Aircraft Fuel Storage,
Handling, and Dispensing on Airports, dated August 27, 1982, replaced by the latest
edition hereafter.
•--if •MIN F. 110101 -0 0 a
Section 2. Section 1.92.050, Airport Ground Control and Security, of the City of
Yakima Municipal Code is hereby amended to read as follows:
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:
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(1) The airport manager, �!nd airport employees under the supervision of the airport
manager, and members of the Yakirna Air Tennjna4-bGafd 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
(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-a*po#-board-4:r�e�;
(7) Drivers and attendants of fire suppression vehicles and equipment, ambulances an4.
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); or
(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 0OdOSOpursuant tOthe signing Gtsuch area. Fees rn be estaNished for
certain uses ol con troHedjjqEKbgL.�jUch fees shaH �be set forth in the c1ty
_qf Yakima master
fee schedule as adop g
certain use of controlled parking, it is an infraction to use such controlled parkbg_A��
p2yb_q the fee.
(2)(8) 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 inaccordance with subsection (B)(1)ufthis section.
(b) PUb|icP@[hiDgF�e.
available for use oin a fee basis. It is 8 parking infraction for the operator Ofany vehicle to
FeD18iO parked in area designated for public parking without paying the applicable fee.
Each 24 hour period that the vehicle remains parked in the designated area without
payment shall be@new OffeDSU.g�_Yqk�ma master
(3) Impoundment. The airport manager, his designee, and any law enforcement officer
of the jurisdiction are authorized to impound or cause to be impounded any vehicle parked
on Yohinno Air Terminal property in violation of the provisions of this section. The
@pp|iC@b|9 pPDViSiUDS of the city of Yakima yWuDiCip@| Code Chapter Sh8|| gOV8[O
the impoundment, 1OvvinA. storage, redemption Orother disposition Ofany vehicle
impounded pursuant 10this section.
(4) Penalty. Violations of vehicle parking provisions shall be a parking infraction with a
monetary penalty Oftwenty dollars per day (24hour period) for each violation. The
registered owner of the vehicle shall be presumed to have been the violator, unless
another person admits tOthe violation and pays the penalty.
date issue " d ',_� r �fthe..' notice was niafled within thir"', gJssued,,the
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 3. This ordinance shall beinfull force and effect 30days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED BY THE CITY COUNCIL, signed and approved this 18 th day of July, 2023.
ATTEST:
Roea|inda|barna.City Clerk
Publication Date:
Effective Date:
Janice []8CCiO'Mayor
5
ORDINANCE NO. 2023-
AN ORDINANCE amending City of Yakima Municipal Code Chapter 1.92 relating to the
Yakima Air Terminal for the purpose of allowing parking fees to be
assessed in public parking areas and controlled parking areas,
addressing failure to respond to parking citations, addressing vehicle
impoundment as it relates to parking, and addressing enforcement
personnel.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Section 1.92.010, General Provisions, of the City of Yakima Municipal
Code is hereby amended to read as follows:
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 preboarding 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 preboarding 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
preboarding area is restricted and all persons entering that area are subject to the
passenger preboarding 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
predeparture 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. Enforcement. Unless otherwise provided herein, the provisions of this chapter are
enforceable by all law enforcement personnel of the city of Yakima, those members of the
airport staff designated as airport security coordinators, or city of Yakima employees granted
special authority limited commissions to enforce parking regulations. .
C. 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 VI
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 July 29, 1974, replaced by the latest edition hereafter.
(5) Federal Aviation Administration Advisory Circular 150/5230-4, Aircraft Fuel Storage,
Handling, and Dispensing on Airports, dated August 27, 1982, 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. (Ord. 2010-14 § 1 (part), 2010: Ord. 93-116 § 2 (part), 1993).
Section 2. Section 1.92.050, Airport Ground Control and Security, of the City of
Yakima Municipal Code is hereby amended to read as follows:
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 and airport employees under the supervision of the airport
manager 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
preboarding 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;
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10
(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 ortobeserved thereby;
(8) Any person may enter a restricted area when escorted by the airport manager or
airport employee;
(7) Drivers and attendants offire suppression wehickeaondequipment,annbu|anoeaond
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 @CCeSS document); Or
(9) Any person specifically 8ULhOrizedtDenherneSthCted8re8Sbvthepn}vSiOnSOfthe
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 inany controlled parking areas 8tthe Yakima Air Terminal unless
authorized tuduaopursuant tothe signing atsuch area. Fees may be established for
certain uses of controlled parking; such fees shall be set forth in the city of Yakima master
fee schedule 8Sadopted via resolution bythe city council. |fGfee iSestablished for 8
certain USH of controlled parking, it is an iDhr8CtiOO to use such COOLnD||Hd parking without
paying the fee.
(2) (8) Public Parking. It is @ parking infraction for the operator Ofany vehicle to park G
vehicle any place other than iD8Oarea designated bysigns GS8public parking area 8L
the Yakima Air Terminal, unless such vehicle is stopped or parked in @ COntnJ||ed parking
area iDaccordance with subsection /13\(1)Ofthis section.
(b) Public P8ddDQ Fee. The public D8rkDQ 8[88(S) at the Y8NDl@ Air Terminal are
8v8i|Gb|8 for use On 8 fee basis. It is G parking infraction for the operator Ofany vehicle to
[0Ol8in parked in area designated for public parking without paying the applicable fee.
Each 24 hour period that the vehicle remains parked in the designated area without
payment shall be a new offense. The fee(s) shall be set forth in the city of Yakima master
fee schedule 8sadopted via resolution bythe city council.
(3) Impoundment. The airport manager, his designee, and any law enforcement officer
of the jurisdiction are authorized tOimpound O[cause tObeimpounded any vehicle parked
on Yohinno Air Terminal property in vin|8UOn of the provisions of this Section. The
applicable provisions Ofthe city OfYakima Municipal Code Chapter 9.47shall govern the
impoundment, towing, storage, redemption or other disposition of any vehicle impounded
pursuant tOthis section.
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m
(4) Penalty. Violations of vehicle parking provisions shall be a parking infraction with a
monetary penalty of twenty dollars per day (24 hour period) for each 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 the person
committing the parking infraction(s) fails to respond the citation within thirty days of the
date issued, or if the notice was mailed, within thirty-three days of the date issued, the
penalty shall be increased by an additional monetary penalty of twenty dollars.
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.
(Ord. 2010-14 § 1 (part), 2010: Ord. 93-116 § 2 (part), 1993).
Section 3. 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 18t" day of July, 2023.
ATTEST:
Rosalinda Ibarra, City Clerk
Publication Date:
Effective Date:
Janice Deccio, Mayor
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