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Ordinance 90-029RELATING ~0 ~{E CONI33CT OF ~ PERSONS AND ANY A~ I~ ~lati~ for ~~ ~ ~ty-l~ ai~ to g~e~ ~e ~u~ of all ~ ~ ~ a~ivi~ at ~~ ~ ~ty-l~ ai~; ~, ~~, ~ ~ ~ ~ ~ ~ OF ~ ~I~ OF ~ ~ of ~ty ~io~ of ~lli~ ~, Flori~, (h~f~ ~ "~") d~ h~ ~ ~e foll~ f~: ~ ~ ~atl~ for ~~ ~ ~-1~ ai~ ~ ~ ~ ~ti~ ~ ~e ~, ~lf~, ~ g~l ~11-~ of ~i~ ~ ~ist ~. ~ ~ ~11 a~ly ~ ~ ~ ~o~ ~ all ~~ ~ ~ foll~ ~, ~ or ~ ~ ~ ~ ~s o~ ~1 ~ foll~ ~s ~ ~e ~ cl~ly ~i~ o~e~i~: ~ - A d~i~ d~i~, ~, or ~ ~ ~ ~ for ~vi~tion or fli~t ~ ~e a~, ~1~ ~u~, hot a~ ~1~, ~ li~, ~ gli~ or ~ d~i~ ~t li~ or ~ifi~ ~ ~e F.A.A. ~ ~ - ~ ~ a~ia~ wi~ ~ ~tion of ~ airlift ~ ~ ~ ~ t~ ~ ~ ~ ~ aloft wi~ ~ ~tion of fli~t, ~til ~ t~ ~ all ~ ~ ~ve depl~, ~ ~ ~i~ ~ ~n ~ffe~ d~ or ~ri~ tnJ~ ~ a ~lt of ~l~ in or u~n ~o aizc~aft, or ~ ~ ~n~ wi~ ~e a~ or ~ at~ or ~ ~ ~e a~ft ~iv~ ~ti~ ~ge. ~ ~ ~ ~ ~ - ~ v~icl~ a~ ~ ~t~ly ~ ~ ~ ~1 for ~ ~ ai~a~ ~, fi~, ~ ~e si~ti~ at ~ ~. ~ ~ - ~ ~ sit~ti~ a~ia~ wi~ ~e ~tion of ~ a~ ~ ~t~ cri~ia ~ ~i~ ~ ~ A~I~. ~ o~ ~ (A.O.A.) - ~ ~ of ~e ~ ~ or ~t~ to ~ ~ for 1~, ~ff, or ~fa~ ~e~i~ of ~ft. ~(S) - S~ll ~ ~e ~lli~ ~ty ~1~ ~ ~or ~e ~lad~ ~ ~ ~y o~ ri~t~f~y ~, 1~, ~t~ ~f~ a~i~ ~ pla~ ~ ~ j~t~i~ion, ~n~l ~i~tion of ~e ~ of ~ty ~io~ for aviation ~. ~ 7~ - S~ "7~nt" definition. ~ ~ ~ ~ for ~i~, ~~, ~ ~~ion on ~e ~. -Page 1 o£' 4- AVIATION OPERATOR - Any person or organization engagcd in busine~s of an aviation nature under authority of a lease or permit from the Board. BOARD - The Board of C~unty Cc~nissioners, Collier County, Florida. ~ 0 .PERATIONS - Shall mean all operations on Collier County Airports for c=~ex=ial purposes. ~ - Shall mean Collier C~unty, Florida. CGURTESY V~{ICLES - SI~ll mean ~ vehicles operated to and fr~ the Airports, specifically for the transportation and convenience of their patrons or prc~ive patrons, for which no oc~pensation is rendered, for hotels, motels, public parking firms, car rental cc~panies, and other cc~er~ial operations. f~]~Gf~CY VEKI~ - ~hosa vehicles, excluding aircraft firm and rescue w~hicles and other County authorized vehicles, approved and routinely operated for response to emergency situations, includirg ambulances and other mutual aid ~quipment. f~FiI~S~TAL ~UFFfR ZONE - Shall mean those areas, (within a fenoe barrier), set aside by the Federal, State or Local Government as ecologically sensitive. FAA - means the Federal Aviation Administration or its statutory suocessor. FENCE BARR/ER - Shall mean all wirm fencing (to include chain link), Airport buildings, masonry barriers, and/or any other structure that now, or shall in the future, enclose Airport pruperty which pruhibits direct access to the Air FENCE BARR/2~ OPENINGS - Shall mean all closeable openings that ar~ part of the Fence Barrier, i.e., wir~ gates, both pedestrian and vehicular, electric or ma~l; all doors located on or within buildings that form part of the barrier FIXED BASED OPERATOR - ThOSe aviation operators who furnish and engage in a full range of aeronautical services and activities for the public, line service, sale of aircraft, parts and supplies, maintanance and repair of airf~ ar~ ergines, air--eft charter and rental. GNi~3ND SUPFORT E~3IPM~r - Thosa vehicles and uquipm~nt approv~ and routinely used on the al~oft aprons or parking ~ in support of aik~aft c~-ration. ~ VEHICLES - The category of vehicles and equipment having authorized aocess to the A~A including: airport service equi[a~_nt, ground sn~port vehicles, aircraft fire and rescue vehicles, and all other emergency and County authorized and operated vehicles _nece__$_~ary for the safe and secure operation of G~DSS WEI(~{T (MGm4) - The certified max/mum allowable gross landing weight of an akc~'aft, as determined by the manufacturer, Federal Aviation Administration, or ar%, other governmental agency having jurisdiction. ITINERANT PIiOT - A pilot operating an aircraft not based at the airport. LANDING AREA - All aircraft operation ameas, including runways, taxi-ways, ramp~ and aprDns. LEASE AGREfl~D~ OR LEASE - A contract by which Collier County has conveyed real or persc~ml pruperty to an individual, partnership, firm, organization, association, company or corporation. LEASED ~ - An aircraft in the solo possession of tho Lessee and being utilized in the pursuit of the cc~T~r=ial activities authorized through the ~-~e ~t with the Board. LESSOR - ~he Board of County C~,,,dssioners of Collie/' County, Florida who has conveyed an interest in real or personal property. MANAGER - (hereinafter called "Airport Manager") shall mean the County Manager or his designee, acting urger the direction of the Board, who shall be charged with the duties of un~orcb,] ~os~ Rules and Regulations, and of administering and controlling any airport property. -Page 2 of 4- MUIDR V~fICLES - Any and all motor driven vehicles. ~ AREA - The runways, taxiw~ys, and other areas of th~ Airports which · ~. arm utilized for taxing, takeo[f, and landing of aircraft. P~RSON - Shall mean any individual, partnership, firm, organization, ~mmocimtion, c~m~%~ny, tx~ll~rat[on, or thoir nq~ntm. PRIVATE PLANE - A plane operated by an individual owner for pleasure or of other purpose, wher~ no direct monetary r~turn is received fr~ its operation. PUBLIC ~ - Means an airport which is cgen to the general flying public, and at which commodities or services are offered for sale to the general flying ~ublic. ~K~LIC PARKING FACILITIES - Shall m~an all auto,bile parking facilities provided for the public at the Airports. SOLICITATION OR '~fo SOLICIt' - Shall mean to directly or indirectly, actively or passively, openly or subtly, ask (or endeavor or obtain by asking), request, implore, please for, importune, seek, or try to obtain. T~ANT - Shall mean any individual, partnership, firm, organization, association, company, corporation, keing a part of a fully executed lease a~ with the Board for lands or stru~ at any Oounty-cwned and Oo~m~-y- 1 ~ Airport. TRANSIENT ~ - Shall mean an aircraft not using the Airports as its permanent basa of operations. ULTRALIf~{T Vf~[ICLE - A vehicle used or intended to be used for manned operation in the air by a single or dual oc~_nt which meets all requirements as specified by Federal Aviation Regulations, Part 103.1. V~{ICLE - Any conveyance, except aircraft, used on the ~und to transport persons, cargo, or equi~a~ent including: airport service equipment, ground ~pport vehicles, aircraft fir~ and rescue vehicles, and all other emergency and County authorized and operated vehicles necessary for the safe and secure operation of the Airports. ~he Board of O~mty C~.~issioners shall adopt by Resolution the Airport Rules and Regulations of Collier Osunty, Florida. Said adopted rules and regulations shall have the full force and effect of law and shall be binding upon all persons and activity at any County-owned and County-leased and County-~ airport. ~he Board of County Cc~nissioners may amend said Airport Rules and Regulations by P~solution approved by the Board of County Omnmlssioners at r~gularly advertised Cc~mission m~etings. SECTION SIX - PENALTIES: If any person fails or refuses to obey or oc~ply with or violates any of the provisions of this Ordinance, such person upon conviction of such offense, shall be guilty of a misdemeanor and shall be punished by a fine not to exceed Five Hundred Dollars ($5100.00) or by imprisonment not to exceed sixty (60) days in the County jail, or loth, in the discretion of the Court. Each violation or non-c~Npliance shall be considered a separat~ and distinct offense. Further, each day of continued violation or non-compliance shall be consid~ as a separate offense. Nothing herein contained shall present or restrict the County frum taking s~ch other lawful action in any court of ccz~etent jurisdiction as is necessary to pruvent or r~mody any violation or non-~u,vlJanou. .%h. lch othor ]aWhl! actions shall include, but .~11 not bu limitod to, an equitable action for injunctive relief or an action at law for d~mages. Further, nothing in this Section shall be construed to pruhibit the County fr~m prosecuting any violation of this Ordinance by means of a Code Enforcement Board establishsd ~3nt to tho authority of ~pter 162, Florida Statutas. All remedies and penalties provided for in this Section shall be cumalativo and ir~ontly available to the County and the County shall be authorized to pursue any and all re~dies set forth in this Section to the full extent allowed by law. -Page 3 of 4- SECTION SEV~ - P.%T~AL OF RESO[/.]TION NO. 419: Collier C~unty r~solution No. 419, dated Jan~ar7 25, 1977, which established Collier C~unty Airport Rules and Regulations, and the Rules and ~gulations ado~od and made a part th~f by referenoe, are hereby repo_aled in thoir ontirc~y. ~ - ~| GI~R FEDERAL/STATE OR LDCAL CODES: All other ordinances not in conflict with said Airport Rules and Regulations of Collier Oounty, Florida shall also be enforced on all airports and airport prc~erty %u~der the Jurisdiction, administration and control of the Ocunty of Collier and violators may be punished in accordance with the particular Federal, Stat~ or local ordinance, statute, code, rule or r~gulation uiolatod. Furthermore, all persons shall cc~ply with applicable ordinances, _ccde~___, rules and r~gulations, inclusive of but not limited to the Florida Statutes relating to aircraft and aviation, which are hereby adopted by reference as an aid to make uniform air traffic laws throughout the County and for county-oz~d ard county-lea-~d property. ~ - CONFLICT AND SEVEBABIL1TY: In the event this Ordinance conflicts with any other ordinance of Collier CXxmty or other applicable law, the more restrictive shall apply. If any ~ or portion of this Ordinance is held invalid or unconstitutional by any court of cc~petent Jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of th. re~ainbg portion. hereof, ~ the oontext will permit, the singular incl~ the plural and thru w~rd ,'person" includes, but not by way of limitation, individuals, children, firms, associations, Joint adventures, partnership, estates, trusts, b~s _ir~__~ trusts, syndicates, fiduciaries, corporations, and all other gr~xlps or ~ Ordinance shall ~ effective upon r~ceipt of notice frc~ the Secretary of State that this Ordinance has been filed with the Secretary. PASSED AND UJLY A~OFfED by tho Board of County C~,~isaioners of Collier C~, Florida this ./~'? day of ~ , 1990. A_-~EST: Assistant Ck~unty Attorney ..,~?tary of~.tqte's Of[l~ the Collier County, FZorida c~.~;. ~ ocknowle~gerntni of I~at · -Page 4 of 4- .. COUNT'! :, ~A~ES C, ~:LE~, C~erk of Courts tn ~nd ~,~r the Twentieth Judicial Cji-cult. Collier hereby certify that the foregoing Is a true copy of: which was adopted WETNESS my hand and the official f, ual Oo~nty Commissioners of Collier County, day of Apr:l, !990.