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HomeMy WebLinkAbout2023-032 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 areasAN ORDINANCE ORDINANCE NO. 2023-032 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 2 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 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 3 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 or airport employee; (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); 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 to do so pursuant to the signing at such 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 as adopted via resolution by the city council. If a fee is established for a certain use of controlled parking, it is an infraction to use such controlled parking without paying the fee. (2) (a) 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)(1) of this section. (b) Public Parking Fee. The public parking area(s) at the Yakima Air Terminal are available for use on a fee basis. It is a parking infraction for the operator of any vehicle to remain 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 as adopted via resolution by the city council. (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 Yakima Air Terminal property in violation of the provisions of this section. The applicable provisions of the city of Yakima Municipal Code Chapter 9.47 shall govern the 4 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 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 18th day of July, 2023. ATTEST: osalinda Ibarra, City Clerk Publication Date: July 21, 2023 Effective Date: August 20, 2023 5 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: July 18, 2023 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 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. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Pass ordinance. ATTACHMENTS: Description Upload Date 0 Ord-YMC 1.92.050Recliine 7/13/2023 0 Ord-YMC 1.92.050 Final 7/11/2023 Type Co'er Memo Ordinance z AN ORDINANCE ORDINANCE NO. 2023- anmnding[ity 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 Code is hereby amended to read as follows: 1.92.010 General Provisions A. Definitions. As used in this chapter: (1) ^Airport/airterminal" means areas within the legal boundaries ofthe Yakima Air Terminal as defined in Exhibit A of the Joint Air Terminal Operation Agreement, dated June 3O,1982'Vnfile for public review inthe office of the Yakima Air Terminal manager, and all areas immediately adjacent tnthe air terminal property, aedefined above, that have taxiways, ramps, and the like intended asomeans nfaccess for aircraft toand from the air terminal. (Z) "Restricted area" means any portion Ofthe Yakima Air Terminal now O[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 Oftaxiways and runways and property adjacent thereto now O[ 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 tnterminal building concourses, now orhereafter used for loading and unloading of passengers and baggage of air carriers and as identified in the Yakima Air Terminal security manual (restricted access dnounnenU. (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 pUrpOae3, including loading, unloading and performing services in connection with aircraft other than aircraft operated byair carriers. (]) "Passenger preboarding area" means that portion of the Yakima Air Terminal building now or hereafter separated by barriers from the unrestricted area therein and a posted with awarning Si n(S)gkvingnOUC8Ul8tGntn/0fperS0n8intOU)8p8SS8ng8r pnsboarding 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 |8vvS, nJ|88 orregulations bJconduct pnedepartuvescreening of enplaning passengers and having econtract nrother agreement with the Yakima Air Terminal board to conduct such operations at the Yakima Air Terminal, either regularly Oronspecific dates. (R) "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. (S) "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 especified type orfor ospecified 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. (1 1) "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 CFF{ Part 107. Airport Security, dated January 1, 1991. The security plan is a restricted access document, and all requests for inh]rnn8bOn contained therein Sh8U b8directed t0the DineCtOr. Civil Aviation Security, Federal Aviation Administration. (12) "Dispenser" means any unit used for the storage and/or transfer of aviation fuels, |ubhC8OtS or oxygen, O[other fuels, lubricants or oxygen intended 03 be used in 8i[C[3ft. including, but not limited to, tanks and @sSOCiGt9d equipment, tank trucks 0rtank vehicles, hydrant SySte0S' fuel pits (whether above or below gr0uOd), mobile or fixed oxygen service units. lubrication dispanners, and any other type of device used for the storage or transfer of fuels, |ub[iC8OtS and oxygen, (13) "Fueling agent" means: (1) any person, firm or corporation engaged in the business of selling fuel, |VbhCGntS or oxygen to any other person, firm or corporation @tthe Yakima Air Terminal; O[/2\any SS|f-fu8|9r'that is, 8person, firm 0[corporation engaged iOthe business Of supplying fuel, lubricants or oxygen bJequipment owned, in vvhO|e Orin part, bythe person 0rcorporation. B, Authority of Yakima Air Terminal Board. The Yakima Air Terminal, through the airport directory signs osroquinedhvUlisohooterorauthernonogerdeennsnocossoryordonirob|e. and to administer provisions of this chapter and other applicable laws, rules and regulations, all 2 4 by the city shall be residents of the city. BG. Enforcement. Unless otherwise provided hevein, the provisions of this chapter are enforceable by all law enforcement personnel of the city of Yakima,--, the Yakima Air Terminal, those members ofthe airport staff designated mS eCurih/ .orcity of Yakima employees qranted special authority limited commissions to enforce parkinq reOu|otions.o���*s+��������e����� CO. Approved Rules and Regulations. The following publications, documents and circulars are approved for incorporation into the rules and nsQu|odons 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, 24OOWest Washington Avenue, Yakima, Washington. (1) Uniform Fire Code (1S91 Edition, replaced bvthe latest edition hereGfUeh.Part IV, Article 24, Airports. Heliports, and Me|istops. Division 1—General, Division 2--Refue|er Units, Division 3--He|iatopa. except Division 1--Genera|, Section 34.107 drip pans and Section 23.203(n) (only one qualified person shall be required for fuel transfer from a mobile fueler.) (2) Unhbnn Fine Code (1991 Edition, replaced by the latest edition hereafter), Part V||-- 8peoio| Gubieots, Article 70. Flammable and Combustible Liquids, in its entirety. (3) National Fire Protection Association Part 4O7,Aircraft Fueling Servicing, 1990 Edition, replaced by the latest edition hereafter. (4) Federal Aviation Administration Advisory Circular 0O-34A,Aircraft Ground Handling and Servicing, dated July 29, 1974, replaced by the latest edition hereafter. (5) Federal Aviation Administration Advisory Circular 15O/533O-4'Aircraft Fuel Storage, Handling, and Dispensing on Airports, dated August 27, 1982, replaced by the latest edition hereafter. (0) Federal Aviation Administration Regulation 14CFF(138321.Handling and Storage of Hazardous Substances and Materials, dated January 1, 1991, replaced by the latest Section 2- 89SUOn 1.92.050. Airport Ground Control and S8Curitv, 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 toenter restricted areas: 3 u (1) The airport nnangg8r-,and 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 atany time; (2) Law enforcement officers performing their duty may enter any restricted area at any (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 corner; (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 mnams without first having been subjected to the final passenger screening process in accordance with applicable |avvs' rules, regulations orother 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 airnnaft, 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; (0) Any person may enter arestricted area when escorted bvthe airpnrtmmnoger-�!rr airport employee-,or- (7) Drivers and attendants Cf 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; (5) Aircraft fuelers and other aircraft servicing personnel may enter the security identification display area when such fueling and/or servicing is requested bvair carrier personnel for air carrier aircraft; provided, that such entry is in accordance with provisions Vfthe Yakima Air Terminal security plan (restricted access doournonU; 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 o 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 tOdOSOpursuant tOthe signing Gtsuch 8n9G. Rae certain uses of controHed u�rkiDASuch fees 8ha|| b8 set forth in the city CfYalkinla master fee schedule asud souiion by the cityqq� Lngi|, |f8fee iSestablished for 8 certain use of controlled p8rkinq, it is an infraction to use such controlled parking without P@yinq 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 6 the Yakima Air Terminal, unless such vehicle is stopped or parked in a controlled parking area in accordance with subsection (13)(1) of this section. (b) Public PaddnuFee� ren-ninal are available It is 2 parking infraction for the operator Ofany vehicle to remain parked in area designated for public parking without paying theapp|ioab|efee. Each 24hour period that the vehicle remains parked inthe designated area without payment shall beanew offense.city_inna-maste[ fee schedule ecity council. (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 Yakima 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, towing, storage, redemption or other disposition of any vehicle impounded pursuant 10this section. (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 tOthe violation and pays the penalty. InfractionParking Monetary PRnaUyfor Fai| date issued, orifthe issued, the C. Penalty for Violation. Any person convicted nfviolating any provision of this section, other than 8 parking infraction, is subject to punishment by fine of not more than five hundred dollars or incarceration for not more than ninety days or by both such fine and incarceration. Sectiom3- 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 7 AN ORDINANCE ORDINANCE NO. 2023- 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 1 8 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. 2 9 (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 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; 3 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 or to be served thereby; (6) Any person may enter a restricted area when escorted by the airport manager or airport employee; (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); 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 to do so pursuant to the signing at such 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 as adopted via resolution by the city council. If a fee is established for a certain use of controlled parking, it is an infraction to use such controlled parking without paying the fee. (2) (a) 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)(1) of this section. (b) Public Parking Fee. The public parking area(s) at the Yakima Air Terminal are available for use on a fee basis. It is a parking infraction for the operator of any vehicle to remain 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 as adopted via resolution by the city council. (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 Yakima Air Terminal property in violation of the provisions of this section. The applicable provisions of the city of Yakima Municipal Code Chapter 9.47 shall govern the impoundment, towing, storage, redemption or other disposition of any vehicle impounded pursuant to this section. 4 11 (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 18th day of July, 2023. ATTEST: Rosalinda Ibarra, City Clerk Publication Date: Effective Date: Janice Deccio, Mayor 5