HomeMy WebLinkAboutOrdinance No. 2024-005 An Ordinance of the City of Arlington, Washington Amending Arlington Municipal Code Title 14 Relating to the City's Airport Regulations ORDINANCE NO. 2024-005
AN ORDINANCE OF THE CITY OF ARLINGTON, WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE TITLE 14 RELATING TO
THE CITY'S AIRPORT REGULATIONS
WHEREAS, the City of Arlington has the authority to own and operate the Arlington
Municipal Airport; and
WHEREAS, the City's airport commission has recently recommended updates to
Arlington Municipal Code (AMC)Title 14 pertaining to the Arlington Municipal Airport
Regulations; and
WHEREAS,the City Council wishes to adopt the updated provisions recommended by
the Airport Commission;
NOW, THEREFORE, the City Council of the City of Arlington do hereby ordain as follows:
Section 1. Arlington Municipal Code subsection 14.07.030 shall be and hereby is added
to read as follows:
14.07.030 General rules.
The following general rules shall govern all aeronautical activities of glider
aircraft at the airport:
(1) All aeronautical activities of glider aircraft and tow plane operators at the
airport shall be conducted in conformity with the current pertinent
provisions of the Federal Aviation Administration (FAA) and all other
pertinent airport rules and regulations as set forth in this chapter.
(2) The airport manager or his or her duly authorized representative shall at
all times have the authority to take such action as he or she may deem
necessary for safety of operation and to safeguard the public at the
airport (See regulation 14.20.100).
(3) The airport manager may suspend or restrict any or all glider operations
for reasons of safety or adverse airport conditions whenever such action
is deemed necessary by him or her.
(4) No person, firm, corporation or association shall conduct any commercial
or glider club operations on the airport without first securing written
permission to do so from the airport manager or his or her duly
authorized representative.
ORDINANCE NO. 2024-005 1
(5) All glider organizations conducting operations on the airport are to
possess the required level of insurance as indicated in the airport's Title
14.
(6) All gliders and tow planes shall use a functioning two-way VHF radio.
(7) No glider shall be left unattended unless it is properly tied down in an
approved tie-down location. Glider owners are to provide their own tie-
down equipment. Tie-down equipment is to be in good condition and
regularly inspected by the owner.
(8) Gliders will not be parked or left with any part extending over any
taxiway.
(9) Glider trailers are to be parked on leased property or in the designated
trailer parking area; trailers shall not be parked in the derelict area
without the Airport director's (or his or her designee's) written approval,
Section 2. Arlington Municipal Code subsection 14.08.040 shall be and hereby is amended
to read as follows:
14.08.040 Charges for impounding and storage—Payment.
The charges for impounding and for storage of an aircraft illegally parked at the
Arlington Municipal Airport shall be as set forth herein. The charge for
impounding an illegally parked aircraft shall be the actual cost to the city
to have the aircraft impounded or immobilized. The charge for storage of
an illegally parked aircraft shall be the actual cost to the city to have the
aircraft stored. These charges shall be paid prior to the release of the
aircraft to its owner or the owner's agent. If the charges are not paid
within thirty days after impoundment, the city may proceed to enforce its
lien, as provided for in Section 14.08.030.
Section 3. Arlington Municipal Code subsection 14.16.020 shall be and hereby is amended
to read as follows:
14.16.020 Aircraft fuelers' responsibilities.
(a) No person, firm, corporation or association shall receive any fuel for the
purpose of fueling aircraft on Arlington Municipal Airport without first
securing written permission to do so from the airport director or his or
her duly authorized representative.
(b) All fuel trucks operating on the Airport must meet WSDOT standards and
shall adhere to International Fire Code (IFC), National Fire Protection
Agency (NFPA), and any City Fire regulations, and must be approved to
ORDINANCE NO. 2024-005 2
operate in writing by the Airport Director or his or her designee. Said fuel
trucks shall comply with any rules and regulations established by their
suppliers. All fuel trucks (including empty trucks and any fuel trailers,
which must be approved by the Airport Director or his or her designee)
must be stored within proper fuel containment devices.
(c) The following are prohibited on the Airport:
(1) Smoking or any open flame within fifty (50)feet of any aircraft, fuel
truck or fuel storage tank of any kind;
(2) Refueling or defueling of an aircraft or other vehicle in any hangar.
(3) Refueling during an electrical storm.
(4) While fueling aircraft, electronic devices such as cell phones, two-
way radios, etc. shall not be used until all fueling operations have
been completed.
(5) Hot refueling aircraft while the propellers or blades are in motion
without the authorization from the airport director or his/her
designee.
(6) Flying or releasing a model rocket, kite, fireworks, drone, and RC
aircraft/ helicopters, tethered balloon, etc., on the airport without
written permission.
(d) All fuelers shall comply with the Airport's Spill Prevention, Control and
Countermeasure plan (SPCC plan).
(1) All fuel spills are to be reported per the SPCC plan.
(2) Any person, firm, corporation or association that utilizes a fuel
truck or multiple fuel trucks for fueling operations, whether
personal or commercial, are required to be parked on sufficiently
impervious surface with a means of secondary containment (i.e.,
oil water separator) capable of containing the single largest
compartment or tank and sufficient freeboard to contain
precipitation.
(3) Fuel trucks must be stored in a secure manner (i.e., fencing,
lighting and/or other security measures).
(4) All fuel trucks are required to be parked in secondary containment
areas during nonbusiness hours.
(e) Fuel trucks taking deliveries via truck-to-truck transfers are required to be
within secondary containment areas and at a distance no closer than two
hundred feet from the nearest aircraft.
(f) Fuelers utilizing above ground storage tanks (mobile or fixed) shall
provide a minimum of two million dollars pollution liability insurance in
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addition to the insurance requirements in Section 14.20.050 of this title.
All such insurance shall name the city of Arlington as an additional
insured.
(g) Commercial fuelers shall keep a record of all personnel authorized to fuel
aircraft and shall provide them with proper training. Records of the
training given to each person shall be kept and made available to airport
staff when requested. At least one supervisor must complete an aviation
fuel training course at least once every twenty-four consecutive calendar
months at an approved FAA or industry sponsored fueling course.
(h) Fuelers are encouraged to inspect their equipment each day and keep
records of such inspections.
(i) Fuelers crossing active taxiways and runways are required to have a
functioning two-way aviation radio to monitor air traffic and a flashing
amber light and must complete the airport's driver training course
annually.
Section 4. Arlington Municipal Code subsection 14.20.050 shall be and hereby is amended
to read as follows:
14.20.050 Insurance.
Tenants of the Arlington Municipal Airport shall provide insurance in such
coverages as may be agreed upon between the airport and the tenant,
which insurance provisions shall be made applicable to any subtenants on
tenants' leased property. In the absence of a contractual provision,
airport tenants and subtenants shall maintain liability insurance in a
company or companies rated in the current edition of Best's General
Ratings as at least A (Excellent), and Financial Size Category of not less
than Class X or in such other company or companies not so rated which
may be acceptable to Arlington, insuring tenant against all claims for
damages for bodily injury, including death, and against all claims for
damage and destruction of property, which may arise by the acts or
negligence of the tenant, its agents, employees or servants, or by any
means of transportation whatsoever including owned, non-owned and
hired automobiles, to the extent of at least the minimum required
insurance limit as stated in the airport's most current policy, whichever is
greater. In such policy or policies, the city of Arlington shall be named as
an additional insured and be listed on the proof of insurance as such, and
shall be provided with a certificate of insurance to confirm compliance
with this requirement.
ORDINANCE NO. 2024-005 4
Section 5. Arlington Municipal Code subsection 14.20.080 shall be and hereby is amended
to read as follows:
14.20.080 Definitions.
"Aircraft parking and storage areas" means those hangar and apron locations of
the airport designated by the airport manager for the parking and storage
of aircraft. These areas include "tie-down" aprons equipped with rope or
chain devices which are used to secure light-weight aircraft during windy
conditions.
Section 6. Arlington Municipal Code subsection 14.20.090 shall be and hereby is amended
to read as follows:
14.20.090 General requirements.
(a) Accidents resulting in damage to property or injury requiring professional
medical treatment must be reported as soon as practical in person or by
telephone to the airport manager's office.
(b) Commercial activity of any kind, involving the tender of money or barter,
requires the written authorization of the airport manager and payment of
fees if required.
(c) Flying clubs at the airport are considered airport businesses and shall
comply with all requirements applicable to businesses, including
insurance requirements. Flying clubs shall also meet applicable portions
of the airport minimum standards document.
(d) Lost or mislaid property shall be deposited at the airport office, 18204
59th Dr. N.E.
Section 7. Arlington Municipal Code subsection 14.20.100 shall be and hereby is amended
to read as follows:
14.20.100 Aircraft activities regulated by airport.
(a) Airport Closure. The airport manager is authorized to close the airport to
aircraft operations or to close the landside access roads to the airport.
(b) Restricted Flight. The airport manager following consultation with
aviation business owners will determine restricted or prohibited flight
activities on the AOA.
(c) NOTAMs (Notice To Air Mission) affecting the airport may be issued by
the airport manager or his/her designee. NOTAMs are also issued by the
FAA.
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(d) Fees. The airport commission has the authority to set rates and fees
charged for landing or parking of aircraft, plus other fees related to
customer use of the airport.
(e) Special Events. The airport commission and city council have
responsibility and authority to grant written approval for fly-ins, air
shows, and other special events at the airport.
(f) Flight Operations Restricted. The airport manager has the authority to
restrict or suspend any aircraft operation on the airport when such action
is deemed necessary in the interest of safety or to avoid risk of personal
injury or damage to property.
(g) Special Operations Restricted. Aerial spraying, banner towing, crop
dusting, aerial firefighting operations, or other operations requiring FAA
special waivers require adherence to certain risk terms and conditions,
contained in a written agreement, and approved by the airport manager.
(h) Relocating Aircraft. The airport manager is authorized to direct the
towing or other methods of relocating aircraft parked or stored in
unauthorized or unsafe areas.
(i) Qualified Pilot. A qualified pilot or mechanic must be in the cockpit and at
the controls of the aircraft when an aircraft engine is operating.
(j) Primary Runway. Is runway 34 designated as the calm wind runway when
the wind is less than five knots.
(k) Aircraft Maintenance. Aircraft repair, maintenance, and cleaning shall be
performed only in designated areas.
(1) Hangar Restriction. Operating aircraft engines inside a hangar is
prohibited. Aircraft shall not taxi into or out of any hangar under actual
aircraft engine power. Aircraft shall be towed or pushed by machines or
by hand into and out of hangars.
(m) Authorized Aircraft Parking. Aircraft shall be parked, serviced, loaded,
and unloaded at parking locations designed and designated by the airport
manager or the commercial tenant holding a lease for that portion of the
airport.
(n) Derelict aircraft shall be parked in a derelict aircraft storage area with
written permission of the Airport director or his or her designee or shall
be removed from the airport.
(o) Privately owned aircraft hangars shall be used for aircraft storage and
related aviation purposes only. Limited storage of other items shall not
exceed twenty percent of the total hangar area. Flammable liquids are
prohibited from being stored in aircraft hangars except that which is in
the fuel tanks of the aircraft or a maximum of ten gallons in an NFPA
ORDINANCE NO.2024-005 6
approved fuel storage container. The maximum time a hangar lease can
be continued without the storage of an aircraft is six months.
(p) Prior Written Approval Required. The following aircraft activity is
prohibited on or from the airport without prior written approval of the
airport manager or the FAA:
(1) Parachute or parasail demonstrations or sky diving activities;The airport
manager shall coordinate requests for this activity, subject to review by
the airport commission and/or city council. Proof of liability insurance is
required in an amount and under terms acceptable to the airport
manager.
(q) Exhaust and Propeller/Rotor Blast. No aircraft engine shall be started or
aircraft taxied where the exhaust or propeller/rotor blast may cause
injury to persons, do damage to property, or spread debris on the airside
area or into hangars.
(r) Taxiing of Aircraft. No person shall taxi an aircraft without first taking all
necessary precautions to prevent a collision with other aircraft, persons
or objects, injury to persons or damage to property, or spreading of
debris on the airside area or into hangars. If it is impossible to taxi aircraft
in compliance with this section, then the engine must be shut off and the
aircraft towed to the new location.
Section 8. Arlington Municipal Code subsection 14.20.120 shall be and hereby is amended
to read as follows:
14.20.120 Vehicle operations on airport.
(a) City and State Laws. All motor vehicles on airport public roadways and
public parking lots are governed by state and city traffic ordinances.
(b) AOA Driving Rights. The airport manager has the authority to deny,
restrict, or cancel the right of any motor vehicle driver to operate on the
AOA.
(c) Impoundment. The airport manager has the right to tow or otherwise
move any motor vehicle for reasons of safety, security, abandonment, or
police investigation. The registered owner of any such vehicle shall be
liable for the costs of towing or impoundment.
(d) Runway Authorization. No motor vehicles are permitted on runways
except those operated by employees of the airport, the FAA, emergency
response vehicles, or other vehicles with proper flags or lights and
authorization by the airport manager.
(e) Speed Limits. Unless otherwise posted, the speed limit on all airport
roadways is twenty-five miles per hour (mph). The speed limit for motor
ORDINANCE NO.2024-005 7
vehicles on all airport apron or ramp areas is fifteen miles per hour
(mph).
(f) Aircraft Have Right-of-Way. A taxiing aircraft on apron or ramp areas
always has the right-of-way over nonemergency motor vehicles and
pedestrians. Motor vehicle drivers are required to pass to the rear of
taxiing aircraft.
(g) Proximity to Aircraft. Motor vehicle operators will not maneuver closer
than ten feet from any aircraft, or park in such a manner as to impede
the movement of aircraft. Specialized vehicles needed to service an
aircraft are excluded from this rule.
(h) Designated Parking. Motor vehicle drivers shall park in designated
parking areas only and for no longer than seventy-two consecutive hours
unless the vehicle owner has paid a long-term parking fee as set by city
resolution.
(i) Motor Vehicle Maintenance or Display. Motor vehicle drivers, owners,
and agents shall not clean or repair a motor vehicle on airport property
except when specifically authorized by the airport manager. No person
shall use airport property to display vehicles, including, but not limited to
motor homes, boats, and trailers, for sale.
(j) Trailers are only allowed to be parked underneath the beacon on the SW
corner of the airfield. Every trailer being parked at this location requires
written approval from the Airport Director or his/her authorized
representative. Any trailers left without written permission will be
subject to towing and impoundment at the owner's expense.
(k) Only official vehicles with proper identification and training may be
driven into the Airport Operation Area (AOA) or movement areas. A non-
official vehicle which is registered and whose owner/operator has valid
gate access is allowed access only to their hangar or tiedown. Vehicles
are expected to use the gate access closest to hangar destination. All
vehicles within the controlled access area shall at be driven cautiously at
a safe and reasonable speed not to exceed 15 miles per hour on taxilanes
and 25 mph on taxiways.
(1) Vehicle operators shall observe all applicable laws and regulations of the
airport, including all directional signs, fire lanes and pavement markings
and shall comply with all lawful orders, signals or directives of the Airport
Director or his/her authorized representative. Blocking of any access area
by a motor vehicle or aircraft is prohibited. Violators shall be subject to
tow at owner's expense.
(m) No person shall drive a motor vehicle on any street, parking lot, driveway
or frontage road, whether it is inside or outside of the controlled access
area (defined as area inside electronically controlled gates) unless such
vehicle is currently licensed and registered under state law with a valid
ORDINANCE NO.2024-005 8
sticker attached. Properties around the airport affected by airport
operations shall be subject to all FAA, WSDOT, and City standards.
(n) All vehicles operated on airport property within the controlled access
area shall be maintained in a safe operating condition in accordance with
WSDOT codes and standards.
(o) All cargo of any kind being transported on airport grounds must be
secured in the vehicle so as to ensure nothing falls out onto the roads or
movement areas.
(p) Only equipment and vehicles authorized to operate by the Airport
Director or his/her authorized representative shall be operated within
the AOA. These approved vehicles shall be lighted with a rotating beacon
and equipped with a two-way radio at all times while operating within
the AOA. Crossing the runway is prohibited by those other than Airport
Operations employees, those with written approval from the Airport
Director or his/her authorized representative, or those accompanied by
an Airport Operations escort.
Section 9. Arlington Municipal Code subsection 14.20.030 shall be and hereby is amended
to read as follows:
14.20.130 Tenant operations.
(a) FOD Program. The FOD (foreign object debris) program at the airport is of
special concern due to the wide variety of general aviation aircraft using
the airport's runway,taxiway, and apron facilities. Motor vehicle traffic
within the AOA contributes to the FOD risk. Small pieces of metal,
pavement, rock, or trash can result in major damage and economic loss
to aircraft engines, propellers, and airframes. Each tenant operator is
required to train and continually emphasize the importance of FOD
pickup and cleanup by all employees, patrons, and visitors.
(b) Employee Responsibility. Tenant operators are responsible for training
their employees, visitors and subtenants on the contents of the most
current airport rules and regulations, airport minimum standards, and
applicable portions of their airport tenant lease or rental agreement(s).
(c) Cleanliness and Maintenance of Tenant Facilities.Tenant operators shall
keep all leased areas free of waste material, rubbish,junk, landscaping
litter, and flammable material. Additionally,tenants are prohibited from
staging or storing anything outside of their hangar or on airport property
at all, including, but not limited to, scissor lifts, boats, RV's, campers,
forklifts, vehicles,trailers, box trucks,jack stands,jacks, aircraft fuselages,
tugs, pallets, tow bars, etc.
(d) Residential use of hangars or any aeronautical businesses on airport
property is prohibited by FAA regulations and the FAA Airport
ORDINANCE NO.2024-005 9
Compliance Manual. Facilities can be used for resting period or pilot
lounges, but not as permanent or even temporary residence for flight
crews, pilots, aircraft owners/operators, guests, customers, mechanics,
or families and relatives of the same. No beds, fold out couches, futons,
or Murphy beds or anything similar are permitted. The FAA recognizes
that only certain aeronautical uses—such as medical evacuation services
—may have a need for limited and short-term flight crew quarters for
temporary use, including overnight and on-duty times. FAA regulations
permit Aircraft Rescue and Fire Fighting (ARFF) quarters if there is a 24-
hour coverage requirement.
Section 10. Severability. If any provision, section, or part of this ordinance shall be
adjudged to be invalid or unconstitutional, such adjudication shall not affect the validity of the
ordinance as a whole or any section, provision or part thereof not adjudged invalid or
unconstitutional.
Section 11. Effective Date. The title of this ordinance which summarizes the contents
shall be published in the official newspaper of the City. The ordinance shall take effect and be in
full force five (5) days after the date of publication.
PASSED BY the City Council and APPROVED by the Mayor this 1st day of April, 2024.
CITY OF ARLINGTON
on E. Vanney,,0ayor
Attest:
Aa�6,�, 174
Wendy Van Ifer Meersche, City Clerk
Approved as to form:
�w
Stev4nJ,AeAIe
City Attorney
ORDINANCE NO. 2024-005 10
CERTIFICATION OF ORDINANCE
1, Wendy Van Der Meersche, being the duly appointed City Clerk of the City of Arlington,
Washington, a municipal corporation, do hereby certify that the following Ordinance No.
2024-005 was approved at the April 1, 2024 City Council meeting.
ORDINANCE NO. 2024-005
"AN ORDINANCE OF THE CITY OF ARLINGTON,WASHINGTON
AMENDING ARLINGTON MUNICIPAL CODE TITLE 14 RELATING TO
THE CITY'S AIRPORT REGULATIONS"
A true and correct copy of the original ordinance is attached.
Dated this 2nd day of April, 2024
Wendy VaK Der Meersche
City Clerk for the City of Arlington