§ 3-46. Fixed base operations.

(a)

No person shall operate as a fixed base operator, unless such person has met and agrees to abide by the "Minimum Standards for Fixed Base Operators, 1997" approved by city council except as provided. However, this provision shall not apply during fuel emergencies, as determined by the city manager, or designee as set forth in subsection (g) below.

(b)

The "Minimum Standards for Fixed Base Operators, 1997" shall be available in the office of the city secretary and office of the airport manager during normal business hours. The "Minimum Standards for Fixed Base Operators, 1997" may be amended or modified only by city council approval.

(c)

In addition to selling fuel and lubricants, a fixed base operator shall perform the mandatory operations as stated in the "Minimum Standards for Fixed Base Operators, 1997," including but not limited to: airframe, power plant, and accessory repair, and operation of a ground frequency.

(d)

A fixed base operator may also perform any and all of the following optional services as stated in the "Minimum Standards for Fixed Base Operators, 1997," including but not limited to: air taxi and charter; radio, instrument and propeller repair; flight training; aircraft rental; aircraft sales; and operation of a flying club. If a fixed base operator performs any of these optional services, the fixed base operator shall meet and abide by the guidelines and requirements for that optional service as stated in the "Minimum Standards for Fixed Base Operators, 1997."

(e)

If a person or entity that is not a fixed base operator performs any of these optional services, that person or entity shall meet and abide by the guidelines and requirements for that optional service as stated in the "Minimum Standards for Fixed Base Operators, 1997."

(f)

The violation of section 3-46 shall be punishable by a fine of not more than five hundred dollars ($500.00). Each day a violation of section 3-46 continues shall constitute a separate offense.

(g)

A fuel emergency shall mean there is no fixed base operator to provide fuel, or the approved fixed base operator is unable or unwilling to sell fuel at a regular and consistent volume to satisfy normal demands of airport patrons. During a fuel emergency, the city manager, or designee, may authorize the city or one or more airport tenants to provide fuel to airport patrons for a period not to exceed ninety (90) days. During such emergency, the city manager, or designee, may waive one (1) or more requirements set forth in the "Minimum Standards for Fixed Base Operators, 1997." The city manager, or designee, may prescribe conditions, including but not limited to, the type and amounts of insurance coverage, and payment of fuel flowage fees to the city. The city manager, shall report the emergency to the city council at the next regular meeting of the city council. City council may extend the fuel emergency for a period beyond ninety (90) days. All decisions by the city manager and city council shall be final.

(Ord. No. 97-55, § 5, 7-10-97; Ord. No. 99-110, §§ 2, 3, 11-23-99)