10-04 Defintions

The following words and phrases, when used in this Chapter, shall have the meaning respectively ascribed to them below:

“Accident” means a collision between a Vehicle and/or Aircraft and a Vehicle and/or Aircraft, Person, stationary object or other thing which results in property damage, Personal injury, or death; or an entry into or emerging from a moving Vehicle by a Person which results in Personal injury or death to such Person or some other Person, or which results in property damage.

“Aircraft” means all devices capable of flight that are licensed or regulated by the FAA.

“Air Carrier” means a Commercial Aeronautical Operator holding an operating certificate under Federal Aviation Regulation Part 121 or Part 135 and operating under a published schedule, pursuant to a certificate of public necessity.

“Airline(s)” means any Air Carrier or Air Taxi/Charter operation, but does not include general aviation.

“Airport”, as referred to or used herein, means Aspen-Pitkin County (Sardy Field) Airport, Pitkin County, Colorado.

“Airport FAA Master Plan” means the master plan adopted by the County pursuant to federal regulations, procedures and guidance. “Airport Operations Area” means all space on the Airport where the general public users of the Airport are restricted by fence or posting, or such areas where Aircraft are Parked or operated, or where operations not open to the general public are conducted; and such term shall include, but is not limited to, the GA Aircraft Ramp, Taxiways, Runways, open unimproved land abutting the Taxiways and Runways, and areas abutting the terminal Building.

“Air Taxi/Charter” means an Air Carrier certificate holder licensed by the FAA to provide air transportation (Persons or property) to the public for hire, under Part 135 of the Federal Aviation Regulations, and on a scheduled, nonscheduled, or on-demand basis as defined in the Federal Aviation Act of 1958, or as said Act may be supplemented or amended from time to time. As required or permitted under the Minimum Standards in Division II of these regulations, these Part 135 operators may be divided into two classes:

1. Carriage in air commerce of Persons or property for compensation or hire in Aircraft having a maximum seating capacity of thirty (30) passenger seats or less or maximum payload of less than seven thousand five hundred (7,500) pounds, where such carriage does not require the issuance of a Certificate of Public Convenience and Necessity from the U.S. Department of Transportation; or
2. Carriage in air commerce of Persons or property in common carriage operations solely between points entirely within any state of the U.S., in Aircraft having a maximum seating configuration of thirty (30) passenger seats or less or a maximum payload capacity of seven thousand five hundred (7,500) pounds or less, and operating a frequency of no more than four round trips per week on at least one route between two or more points, according to published schedule specifying time, days of week, and places, where such carriage does not require the issuance of a Certificate of Public Convenience and Necessity from the U.S. Department of Transportation.

“Authorized Emergency Vehicle” means Vehicles of the fire department, law enforcement department and such ambulances and other emergency Vehicles of municipal departments, government agencies, public service corporations, or private ambulance companies, or such others as are officially designated as such for use upon the Airport by written authorization of the Director of Aviation.

“Bicycle” means every device propelled by human power upon or which any Person may ride, having two tandem wheels either of which is over twenty (20) inches in diameter and including any device generally recognized as a Bicycle though equipped with two front or two rear wheels.

“Board of County Commissioners” or “BOCC” means the governing body of Pitkin County authorized by State law and County Charter to officially represent and legally bind the County.

“Building” means a roofed, enclosed, heated, insulated nontemporary structure with a foundation and utilities.

“Business” as used in these rules and regulations, means the sale, offering for sale, or the furnishing of any commodity, article, facility or service.

“Center Line” means the continuous or unbroken line marked upon the surface of a Roadway by paint or otherwise to indicate each portion of the Roadway allocated to Traffic proceeding in the two opposite directions, and if no line is painted or marked, it is the imaginary line in the Roadway equally distant between the opposite curbs or edges of the Roadway.

“Commercial Aeronautical Operator” means a Person or Business entity engaging in a Commercial Aeronautical Activity or Commercial Aeronautical Service as those terms are defined in Division II of this Title 10.

“Concession” as used in these rules and regulations, means the sale, offering for sale, or the furnishing of any commodity, article, facility or service.

“Concourse” means any extension of the Airport’s terminal Building so arranged as to facilitate access to and from Aircraft.

“County” means the county of Pitkin, a body corporate and politic.

“Crosswalk” means that part of a Roadway at an Intersection included within the connections of the lateral lines of the Sidewalks on opposite sides of the Roadway, measured from the curbs, or in the absence of curbs, from the edges of the traversable Roadway at an Intersection or elsewhere, distinctly marked or indicated for Pedestrians crossing by lines or otherwise, or where angle crossing is permitted within the connections of the lateral Sidewalks on opposite sides of the Roadway, measured from the curbs, or in the absence of curbs, from the edges of the traversable Roadway.

“Director of Aviation” means the official representative of Pitkin County at the Airport with principal responsibility for the operation and management of the Airport.

“Driver” means every Person who drives, operates, or is in actual physical control of a Vehicle or Motor Vehicle.

“Facilities” is an inclusive phrase, including Buildings, Improvements and equipment and any Personal property not included in the definitions of Buildings, Improvements and equipment, describing materials to provide services, or to support the provision of services to general aviation Aircraft and passengers and Commercial Aeronautical Operators.

“Federal Aviation Administration” or “FAA” means the Federal Aviation Administration established by the federal government under the Federal Aviation Act of 1958, as amended, or such other governmental agency which may be successor in function thereto or be vested with the same or similar authority.

“Federal Aviation Regulations” or “FAR” are the regulations promulgated by the FAA and appearing in the Code of Federal Regulations at Title 14.

“Fixed Base Operator” or “FBO” as more fully defined in Division II, means a Commercial Aeronautical Operator that maintains Facilities at the Airport for the purpose of:

1. Engaging in the retail sale of aviation Fuels primarily to purchasers other than; (1) scheduled or supplemental Air Carriers; or (2) the Department of Defense; and
2. Performing the minimum aggregation and level of the following aeronautical activities and/or services: retail Fuel sales, Maintenance, servicing, Parking, tie-down, storage, as further defined below.

An operator that provides at least the minimum required aggregation and level of Facilities, activities and services, including the retail sale of aviation Fuel, is classified as a full-service FBO; an operator that provides less than the minimum required aggregation of Facilities, activities and services is classified as a Specialized Fixed Base Operator (S-FBO).

“Fuel” means all Fuels used in the propulsion of Aircraft.

“Fueling Operation(s)” means the receipt, storage, handling, movement, delivery and dispensing of Fuel for Aircraft at the Airport, including the installation, use and Maintenance of fueling equipment, and the operations and supervision of all Personnel engaged in fueling activities. All Fueling Operations at the Airport are either Retail Fuel Sales or Self-Fueling.

“Fueling Operations Permit” means a written document issued by the Airport pre-requisite to the conduct of Fueling Operations at the Airport; such permit incorporates these regulations, as amended, and may set other applicable terms and conditions.

“General Aviation Area (GA Area)” or “General Aviation End (GA end)” means the northern half of the Airport (approximately); that part of the Airport occupied and used primarily by Facilities for and operations of general aviation, especially FBOs and S-FBOs and their customers; the General Aviation Area is separated from the Air Carrier Area of the Airport by a double yellow dashed line separated by a solid red line at approximately A-5 on the Runway.

“GA Aircraft Circulation and Staging Areas” means the paved portion of the General Aviation Area ramp identified and used for the ground movement of Aircraft and temporary Parking for the purposes of loading, unloading, line service or movement to or from Aircraft Parking areas.

“GA Aircraft Parking Areas” means the paved portions of the GA Area ramp identified and used exclusively for the uncovered, nontemporary Parking of Aircraft.

“GA Aircraft Ramp” means the paved portion of the GA Area used primarily for the movement, staging and storage of Aircraft.

“Improvements” means the products of the expenditure of funds relating to real estate that are not Buildings or Facilities including, without limitation, utilities and paving.

“Intersection” means the area embraced within the prolongation or connections of the lateral curb lines or, if none, the lateral boundary lines of the Roadways of two or more Roadways which join one another.

“Law Enforcement Officer” means every officer of the sheriff’s department of Pitkin County or any other Person designated and authorized in writing by the Director of Aviation to direct or regulate Traffic, or make arrest, pursuant to the Director’s powers, upon the Airport.

“Limousine” shall apply to and include any Motor Vehicle with a maximum seating capacity of fourteen (14) seats plus the driver operating on a “call and demand” basis, transporting passengers at a per person rate, the use of said vehicle not being exclusive to any individual or group.

“Loading Zone Only” means an area reserved for the exclusive use of Vehicles while actually engaged in loading or unloading passengers or freight.

“Maintenance” means the inspection, overhaul, repair, preservation, and the replacement of parts, excluding Preventive Maintenance.

“Major Repair” means a repair that:

1. If improperly done, might appreciably affect weight, balance, structural strength, performance, powerplant operation, flight characteristics, or other qualities affecting airworthiness; or
2. Is not done according to accepted practices or cannot be done by elementary operations.

“Maximum Allowable Gross Landing Weight” means the maximum permissible gross weight which an aircraft may lawfully have or be permitted to have at the time of landing as set forth in the FAA and/or manufacturer aircraft specifications and without giving consideration to local factors. The term does not refer to the actual weight of an aircraft.

“Minimum Standards” means the Minimum Standards and requirements for the conduct of Commercial aeronautical services and activities at the Airport, which were originally adopted by the BOCC on January 28, 1992, amended by the BOCC on August 24, 1993, amended by the BOCC on December 20, 2000, and further amended by the BOCC on July 27, 2005, set out in Division II. The Minimum Standards set forth the qualifications established by the County as the minimum requirements to be met as prerequisite conditions for the right to occupy real estate and to conduct a Commercial Aeronautical Activity on the Airport.

“Minor Repair” means a repair other than a Major Repair.

“MOGAS” means gasoline normally used in automobiles, but which is approved for use in certain Aircraft.

“Motor Vehicle” means every Vehicle which is self-propelled.

“Motorcycle” means every Motor Vehicle having a seat or saddle for the use of the rider and designed to travel with not more than three wheels in contact with the ground, including a motor scooter, but excluding a farm tractor, or implement of husbandry.

“Nighttime Operations” means any landing or departure at the Airport during the period between one-half hour past sunset, local time, and 7:00 AM the following morning. The time that is one-half hour past sunset shall be defined on a schedule published by the Director of Aviation and available upon request.

“Nonsignatory” means an operator who does not hold a written lease, license, use agreement or operating permit from the County for the use of the public terminal Facilities; or whose lease, license, use agreement or operating permit is expired, terminated or in default.

“Park” or “Parking” when prohibited, means the standing of a Vehicle, whether occupied or not, except when necessary to avoid conflict with other Traffic, or in compliance with the directions of a Law Enforcement Officer, County employee assigned to the Airport or Traffic Control Signal, sign or device.

“Pedestrian” means any Person afoot or in a wheel chair.

“Permittee” means a Person who has been issued and holds a valid, then-current Fueling Operations Permit.

“Person” means any natural person and any firm, association, joint-stock association, partnership, corporation, company, society or other organization, governmental entity or any other legal or Business entity. It includes a trustee, receiver, assignee, or similar representative of any such entity.

“Pilot” means every Person who operates, flies, or is in full control of an Aircraft.

“Pitkin County, Colorado” means a Colorado home-rule County; the owner, operator and FAA sponsor of the Airport.

“Public Airfield Facility(ies)” means (a) Runways; (b) Public Airfield Facilities Taxiways and turnoffs; (c) Public Airfield Facilities Ramp and apron areas; and (d) any extensions or additions to the above and any other space or Facilities provided by the County at the Airport for public and common use by Aircraft operators in connection with the landing and taking off of Aircraft, or in connection with operations hereinafter authorized to be performed by Aircraft operators upon the aforesaid Runways, Taxiways and public passenger Ramp and apron areas; but only as and to the extent that they are from time to time provided by the County at the Airport for public and common use by Aircraft operators.

“Public Airfield Facilities Ramp” means the paved area outside the areas leased to the Air Carriers and the FBO(s) that are not Runway, Taxiways or taxilanes.

“Public Airfield Facilities Taxiways” means the paved area outside the area leased to the FBO(s) identified and used exclusively for the movement of Aircraft to and from the Runway.

“Ramp” means the paved portion of the Airport, used primarily for general aviation, that is reserved exclusively for the storage and movement of Aircraft, including GA Parking Areas, GA Aircraft Circulation And Staging Areas, General Aviation Facilities Taxilanes, and allied servicing equipment.

“Retail Fuel Sales” means the conduct of Fueling Operations by a Person for money or other valuable consideration (present, past or future), including services of any kind whatsoever.

“Right-Of-Way” means the privilege of the immediate use of the Roadway.

“Roadway” means that portion of an area improved or designed, or ordinarily used for vehicular travel. In the event the Roadway includes two or more lanes, the term “Roadway,” as used herein, shall refer to any such Roadway separately, but not to all such Roadways collectively.

“Runway” means an improved surfaced area reserved exclusively for the landing and taking off of Aircraft.

“Scheduled Air Carrier” means an Air Carrier certified by the appropriate agency of the United States or state of Colorado to engage in interstate or intrastate transport of Persons, property or mail on a regularly scheduled basis.

“Secured Area” means the passenger boarding areas and the security identification display area, including the baggage handling areas, Airline offices, and commercial Aircraft operating apron.

“Self-Fueling” means the conduct of Fueling Operations by a Person who has been issued and holds a valid, then-current Fueling Operations Permit for that Person’s Own Aircraft, using that Person’s Own Equipment and by an individual Person or her, his or its Own Employees.

1. As used in the definition for “Self-Fueling, the term “Own Aircraft” means:
   • a. If an FAA Part 121 or Part 135 operator, Aircraft listed on that operator’s then-current Part 121 or Part 135 Certificate; and
   • b. For Part 121 or Part 135 operators and for all civil Aircraft, “Own Aircraft” shall be Aircraft used exclusively by a Person and titled and registered with the FAA in that Person’s own name or Aircraft used by that Person as lessee under a Bona Fide Lease or as lessee/lessor under a Bona Fide Management Contract.
2. As used in the definition for “Self-Fueling, the term “Bona Fide Lease” means:
   • a. The lease is in writing, is signed by all parties at interest, is for a term of at least six months and terminable earlier for cause only and is for adequate consideration;
   • b. The lease provides that the primary care, custody and control of the Aircraft is in the Person applying to conduct Fueling Operations and contains substantially all terms and conditions standard in the industry for that type of lease;
   • c. That Person obtains insurance to cover all of its interest and activities with respect to the Aircraft or is named as co-insured under the policy of the lessor; and
   • d. True and correct copies of the lease and a complying certificate of insurance are attached to the application for a Fueling Operations Permit and thereafter promptly updated by that Person as changes, if any, occur.
3. As used in the definition for “Self-Fueling, the term “Bona Fide Management Contract” means Aircraft managed by the Person applying to conduct Fueling Operations where the following requirements are met:
   • a. The management contract is in writing, is signed by all parties at interest, is for a term of at least six months and terminable earlier for cause only and is for adequate consideration;
   • b. The management contract provides that the primary care, custody and control of the Aircraft is in the Person applying to conduct Fueling Operations and contains substantially all terms and conditions standard in the industry for that type of contract;
   • c. The management contract provides that the Person applying to conduct Fueling Operations is responsible for all Maintenance, all Pilot service, and all scheduling of the Aircraft;
   • d. The management contract provides that the Aircraft is available for rental or sub-lease to the public under commercially-reasonable terms and conditions;
   • e. That Person obtains insurance to cover all of its interests and activities with respect to the Aircraft or is named as co-insured under the policy of the Aircraft owner; and
   • f. True and correct copies of the management contract and a complying certificate of insurance are attached to the application and thereafter promptly updated by the applicant after changes, if any, occur.
4. As used in the definition for “Self-Fueling,” the term “Own Equipment” means Facilities and equipment, as described herein, that is used exclusively by a Person and titled in the name of the Person applying to conduct Fueling Operations or is used by that Person subject to a Bona Fide Lease, purchase, financing, or use agreement with the following requirements:
   • a. The agreement is in writing, is signed by all parties at interest, is for a term of at least six months and terminable earlier for cause only and is for adequate consideration;
   • b. The agreement provides that the primary care, custody and control of the subject of the lease is in that Person and contains substantially all terms and conditions standard in the industry for that type of agreement;
   • c. That Person obtains insurance to cover all of its interests and activities with respect to the subject of the agreement or is named as co-insured under the policy of the equipment owner; and
   • d. True and correct copies of the agreement and a complying certificate of insurance are attached to the application and thereafter promptly updated by that Person after changes, if any, occur.
5. As used in the definition for “Self-Fueling, the term “Own Employees” means employees of the Person applying to conduct Fueling Operations for whom all state and federal employment taxes are paid by that Person.

“Semi-Trailer” means every Vehicle of the trailer type, so designed and used in conjunction with a Motor Vehicle that some part of its own weight and that of its load rests upon or is carried by another Vehicle.

“Sidewalk” means that portion of the area adjoining the Roadway, between the lateral lines of the Roadway and the adjacent Building or property lines intended for the use of Pedestrians.

“Signatory” means the holder of a written lease, license, use agreement or operating permit from the County for use of the public terminal Facilities; provided, that such lease, license, use agreement or operating permit shall be then valid and not in default. (“Specialized Fixed-Base Operator” or “S-FBO,” as more fully defined in Division II, means a Commercial Aeronautical Operator that is permitted by the County to provide one or more aeronautical activities or services at or from the Airport, but fewer than the minimum aggregation of Facilities, activities and services required to be qualified as an FBO.

“Taxi” or “Taxicab” means any Motor Vehicle used to transport Persons or property for hire, having a seating capacity of not more than seven Persons, not including the Driver, holding a Certificate of Public Convenience and Necessity issued by the Colorado Public Utilities Commission for transportation of passengers and their baggage in taxicab service operating on a “call and demand” basis, the first passenger: (1) having exclusive use of the vehicle unless he/she agrees to “multiple loading”; and (2) having the ability to designate any destination, route, or stops desired on the route.

“Taxiway” means an improved surfaced area reserved exclusively for use by Aircraft to proceed to and from Ramp and Runway areas.

“Traffic” means Pedestrians, ridden or herded animals, Vehicles, Aircraft, and other conveyances, either singularly or together while using any Roadway, or other area for the purpose of travel.

“Traffic Control Device” means all signs, signals, markings, electronically controlled devices and signals and other devices not inconsistent with the rules and regulations, placed or erected by authority of the Director of Aviation, for the purpose of regulating Traffic, or warning or guiding Traffic.