10-24 Use Regulations For Aircraft Operators

A. The provisions of this chapter shall apply to all Airlines operating at the Airport from and after the date of adoption unless (and during the period that) the Airline shall have a lease for the use of the Airport Facilities with the Board of County Commissioners which lease is not subordinate to these rules and regulations. Upon termination of any such lease, the provisions of this chapter shall apply as to any authorized activity on the Airport.

B. Nothing herein shall be construed to exempt any Airline from compliance with any and all provisions of this title. (§ 10.24.010 repealed reenacted Ord. 028-05)

A. The County will provide, and maintain in good condition and repair, at the Airport, in accordance with good airport Maintenance practices, and make available for use by all Aircraft operators, the Public Airfield Facilities, and any additions or Improvements thereto. The County shall remove snow and ice from the Public Airfield Facilities as close to the air terminal as practicable, except as expressly provided in Section 10.24.070 of these regulations.

B. The County may from time to time increase the size or capacity of any such Public Airfield Facilities or make alterations thereto or reconstruct or relocate them or modify the design and type of construction thereof or close them, or any portion or portions of them, either temporarily or permanently, and the County will attempt to keep at a minimum any disruption or inconvenience that such projects may cause. . (§ 10.24.020 repealed reenacted Ord. 028-05)

A. Airlines and other Aircraft operators shall be entitled to use the Public Airfield Facilities for the following purposes:

      1. Runways, for the purpose of the landing and taking off of Aircraft;
      2. Taxiways, for the purpose of the ground movement of Aircraft;
      3. Public passenger Ramps and apron areas, for the purpose of unloading and loading passengers, baggage, freight, mail, supplies and cargo to and from Aircraft, together with the right to use designated portions of the Ramps for delivery and pick-up of freight, cargo, and mail by ground Vehicles or other means and the right to use designated portions of the Ramps for operation and reasonable Parking for them and their contracted Vehicles servicing Aircraft, and for the purpose of performing such Fueling and other Ramp services; all of which rights to public Ramp and apron are more extensively defined in Section 10.24.040;
      4. Training operations of Airlines; and
      5. Any other use normally incident to the foregoing.

B. The use of the Public Airfield Facilities by the Airlines may be in common with other public users, upon compliance with the reasonable and nondiscriminatory terms and conditions (including the payment of rates, fees and charges) upon which they are made available for such use, and in conformity with the reasonable rules and regulations prescribed by, or which may be prescribed by, the County with respect to the uses thereof including, but not by way of limitation, rules, regulations and directives relating to safety and security of the Public Airfield Facilities. . (§ 10.24.030 repealed reenacted Ord. 028-05)

A. The Airlines shall have the use of only those Ramp spaces designated by the Director of Aviation for their use. No services will be permitted by the Airlines to Aircraft occupying such loading or unloading positions other than those services (herein called “Ramp Services”) incidental to the immediate preparation of Aircraft for scheduled departure, such services to include, among others, fueling, inspection, interior cleaning, a non-routine adjustment of equipment of an emergency nature or in order to insure the safe departure of the Aircraft, unless otherwise authorized by the Director of Aviation or by the County.

B. The Airlines shall have the right to perform their own Ramp Services, but if desirous of having such service performed by a contractor, they shall employ a regular Ramp contractor, by which is meant a Person or concern authorized by the County to perform specific Ramp Services for turnaround services at the Airport, including, but not by way of limitation, another Air Carrier authorized to use the Public Airfield Facilities in accordance with the terms hereof, an FBO or the like permitted to do such Business in accordance with the terms of agreement of such Person or concern with the County, or any other contractor or supplier of such services, provided they supply or perform the services by agreement with the County, which agreements may provide for payment of fees and charges and the abiding by reasonable rules, regulations, and directives of the County and Director of Aviation as a condition of the agreements. Nothing in the foregoing paragraph shall be construed to prohibit the Airline engaging temporary emergency Maintenance services for the emergency repair of Aircraft.

C. Further, it is understood and agreed by the Airlines that the Parking and storage of an Airline’s or its contractor’s ground Vehicles on its Ramp or apron shall be designated by the Director of Aviation. All such equipment so Parked and/or stored shall be in a workmanlike manner and the area designated for storage shall at all times be kept in clear and orderly condition. No Vehicles shall be Parked as “dead storage” on the Ramp area. Overnight Parking of the Airline’s Aircraft shall be allowed on its Ramp space(s) only.

D. Drivers and Vehicles delivering or picking up freight, cargo, or mail at the freight area of the passenger terminal shall be positively directed and controlled by a designated employee or employees of an Airline or an employee or employees of another Airline or other tenant operating on the Ramp, and it shall be the responsibility of the Airline when its employee or employees are so directing such Driver and Vehicle to do so in accordance with the rules and regulations of the County and directives of the Director of Aviation. (§ 10.24.040 repealed reenacted Ord. 028-05)

During the time of war or national emergency, the County shall have the right to enter into agreement(s) with the United States Government for military use of part or all of the Public Airfield Facilities, the publicly owned air navigation Facilities, and other areas or Facilities of the Airport, and if any such agreement becomes effective, the Airlines’ use and occupancy of the Airport, insofar as they are inconsistent with the provisions of such agreement(s) with the government, shall be subordinated to those agreement(s). (§ 10.24.050 repealed reenacted Ord. 028-05)

A. The Airlines shall have the right to use of any space or spaces designated for their use by the Director of Aviation.

B. The Airlines are granted the use of the space(s) so designated for the purposes normally associated with an Air Carrier’s use of the space, except that in no event shall the same be construed to permit occupation thereof as a car rental or leasing agency, for hotel or lodge reservations (including telephone “hot lines” therefor) or for Taxi or Limousine services; provided, however, that the foregoing shall not be construed to prohibit the use of the space for ground transportation services contracted for by the Airline to transport its passengers and/or freight by ground transportation in lieu of scheduled flights necessitated by the temporary closure of the Airport by bad weather. The rights of the Airlines under this section shall also include the right of them to carry air freight into and out of the Airport and to make surface pickup and delivery of such freight. The Director of Aviation may, at his or her election, offer substitute transportation by Motor Vehicle to the Airlines’ interstate passengers (only) under emergency conditions. Emergency conditions for purposes of this subsection shall include equipment failure, adverse weather conditions, or other causes beyond the control of the Airlines resulting in the Airlines’ inability to provide air transportation. The Director of Aviation, in his or her sole discretion, shall determine when an emergency condition exists. The Director of Aviation may act as agent for the Airlines and may impose and collect a reasonable charge for such transportation, to be paid over to Pitkin County or its agent, for providing such substitute service.

C. The Airlines shall be allowed to keep and maintain one pay telephone station in their screened passenger boarding areas as an accommodation to passengers.

D. Airlines may occupy the spaces designated as common areas for the purposes normally associated with an Air Carrier’s use of the space.

E. The Airlines may, for themselves, their employees, agents and invitees, use the public Facilities within the common areas of the air terminal such as rest rooms, drinking fountains and the like; provided, however, that there shall be no lounging of the Airlines’ employees in such areas. The areas shall meet the standards of the state of Colorado Industrial Commission, COSHA and OSHA, respecting occupancy of the premises by the Airlines’ employees. Items required by such legislation or regulatory agencies may be situated in any area.

F. If the Director of Aviation determines, on occasion, that safety of the public requires or, due to the lateness of the hour or for other reasonable causes, convenience requires use of a remote passenger boarding space or area, such space or area shall be considered as added on to the passenger boarding space of the Airline on a temporary basis. Subject to reasonable rules and regulations, the Airline shall have the right to use ten (10) employee Parking spaces in an area designated by the Director of Aviation. (§ 10.24.060 repealed reenacted Ord. 028-05)

A. In consideration of the rents paid, the County will provide heat at its expense within the inside areas occupied by the Airlines. The Airlines shall provide electricity, water, trash removal and other utility services desired by it at its own expense. The Airlines shall also provide snow removal to within three feet outside of any space designated for use by the Airlines and further shall cooperate fully with the County in its removal of snow and ice pursuant to Section 10.24.020.

B. The County shall provide, at its expense, structural Maintenance to the premises, including the repair of damages to the premises not resulting from abuses of the Airlines or their Permittees’ negligence or abuse.

C. The County further will provide on a daily basis routine custodial care of the common areas (janitorial services to the satisfaction of the Director of Aviation for the space assigned to the Airlines being the responsibility of the Airlines) including, when appropriate, but not by way of limitation, sweeping, mopping, dusting, vacuuming and trash collection and, as may be required from time to time, waxing and washing. The County shall, as may in the discretion of the Director of Aviation be required, undertake from time to time the painting and refinishing of walls and other structural parts of the premises (exclusive and nonexclusive). (§ 10.24.070 repealed reenacted Ord. 028-05)

No Airline shall paint or erect in any manner any sign or advertising displays without the prior written approval of the Director of Aviation. All signs identifying the Airlines shall conform to reasonable standards established by the Director of Aviation with respect to their type, size, design, color, condition and location. . (§ 10.24.080 repealed reenacted Ord. 028-05)

Except for the installation of telephones addressed elsewhere in these regulations, no amusement or vending machines or other machines operated by coins or tokens shall be installed or maintained by the Airlines without prior written permission of the Director of Aviation.

(§ 10.24.090 repealed reenacted Ord. 028-05)

If by reason of any cause (other than that of the Airlines) the Airlines’ spaces are damaged to such an extent that such premises are unusable in whole or in substantial part, then:

      • A. The County will make all reasonable efforts to provide substitute Facilities, and such substitute Facilities will be made available to the Airlines in accordance with the schedule of rentals, fees and charges for the use of the Airport established and modified from time to time by the County;
      • B. If the repairs and rebuilding necessary to restore such premises to the condition existing prior to the occurrence of the damage are, in the reasonable judgment of the County, justified in the light of existing or contemplated construction programs and can be completed within ninety (90) days from the date on which the damage occurred, the County shall so notify the Airline or Airlines in writing and shall proceed with such repairs and rebuilding programs, or if they cannot, in the reasonable judgment of the County, be completed within ninety (90) days, the County, at its option, to be evidenced by notice in writing to the Airline or Airlines, may either: (1) proceed promptly with the repairs and rebuilding, in which event the rental shall be abated as aforesaid; or (2) terminate the use and occupancy of the premises by the Airline or Airlines;
      • C. If the Airlines, their employees, agents, invitees or licensees shall cause any damage to or destruction of any Airport Building or property, the Airlines shall so notify the Director of Aviation immediately and make immediate arrangements for restoration of the damage at the Airlines’ expense. The Airlines’ rent shall not be abated during repairs or rebuilding under this subsection. (§ 10.24.100 repealed reenacted Ord. 028-05)

The Airlines shall, on or before the twentieth day of each and every month during their occupancy, submit to the County by delivering to the office of the Director of Aviation, the following records of the preceding month’s activities:

      • A. Aircraft landing reports listing by such date the number and type of Aircraft landed by the Airlines at the Airport, showing the total of each such Aircraft for the preceding month;
      • B. Enplaned passenger report showing the monthly total of revenue passengers boarding the Airlines’ Aircraft at the Airport for the preceding month;
      • C. All necessary statistics relating to gross maximum allowable landing weights for the preceding month.

These reports shall be signed as correct by responsible employees of the Airlines. The reports shall be on a form provided by or approved by the County and the County reserves the right within reason to ask for such further information or clarification of any matter contained thereon and the Airlines shall provide such information. Such information shall be kept confidential for a period of three months from the date of receipt thereof, and after that, the information shall not be published alone by the County in conjunction with the Airlines or reference thereto, but may be published only in gross; provided, however, that the foregoing restriction shall not be construed to prohibit the use and publication of such information combined in gross with similar statistics for all other Air Carriers utilizing portions of the air terminal for purposes of determin­ing the legitimate needs of the Airport after the expiration of three months from the receipt thereof by the County. (§ 10.24.110 repealed reenacted Ord. 028-05)

The Airlines shall release and indemnify and save harmless the County, its officers, agents and employees, from and against any and all loss of or damage to property, or injuries to, or death of, any Person or Persons, including property and officers, employees and agents of the County, and from any and all claims, damages, suits, costs, expenses, liability, actions or proceedings of any kind or nature whatsoever, of or by anyone whomsoever, in any way resulting from, or arising out of, the negligent acts and omissions and wrongful conduct of officers, employees, agents, contractors, and subcontractors of the Airlines. (§ 10.24.120 repealed reenacted Ord. 028-05)

The Airlines shall at all times maintain in force such bodily injury and property damage insurance as may be required as a condition of any operating certificates that they are required to have for their operations and shall, if not otherwise required, maintain bodily injury and property damage insurance covering all of the operations and activities at or upon the Airport, but with limits of not less than the limits enumerated in the document entitled “Minimum Insurance Requirements” as published by the Director of Aviation, and as the same may be modified from time to time by the Board of County Commissioners. The Airlines shall maintain in force workmen’s compensation insurance for all of its employees at the Airport. All policies of insurance so maintained, except workmen’s compensation insurance, shall name the County as a co-insured thereunder. The County shall maintain, at its expense, fire and extended coverage insurance upon the air terminal. (§ 10.24.130 repealed reenacted Ord. 028-05)

The Airlines shall cause itstheir officers, employees, and any other Persons over whom itthey have has control to obey and comply with all existing and future laws, and all lawful directives, conditions of certificates, and rules and regulations adopted, promulgated, or ordered by the United States Government or any of its agencies, state of Colorado, or any of its agencies or political subdivisions including, but not by way of limitation, the reasonable rules and regulations of the County, all as may affect the Airlines and the operations and activities in and at the Airport.

All gates and doors leading to the Airlines’ air operations areas will be either locked or controlled at all times and no unauthorized personnel and/or Vehicles will be permitted on their air operations areas.

All air freight customers will be escorted on the air operations area by Airline personnel. (The method of detecting unauthorized personnel within the Airlines’ air operations area shall be by personal recognition and/or a security pass inspection.)

Should any violation, attempted violation or emergency occur, the Airport management or the designated Airport security officer shall be notified immediately. The method of notification shall be verbal, followed up with a written report. In the event that the Airport management or Airport security officer is not available, the Pitkin County sheriff’s department shall be notified.

The Airlines shall be responsible for and pay any and all fines imposed by the FAA and/or TSA as a result of security violations with the Airlines’ use areas (terminal or Ramp or SIDA) without regard as to whether or not committed by the Airlines’ employees, agents or invitees. This includes, but is not limited to, open or unlocked gates or doors, unauthorized personnel, unauthorized and/or unescorted Vehicles. (§ 10.24.140 repealed reenacted Ord. 028-05)

As a condition for the use and occupancy of the premises: (1) no Person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (2) the Airlines shall use Airport property and Facilities in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-discrimination in Federally-assisted Programs of the Department of Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said regulations may be amended from time to time.

The Airlines shall undertake affirmative action programs as required by CFR Part 152, Subpart E, to insure that no Person shall on the grounds of race, creed, color, national origin, or sex be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. No Person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this chapter. The Airlines shall require that their covered sub organizations provide assurances to the County that they similarly will undertake affirmative action programs and that they will require assurances from their sub organizations, as required by 14 CFR Part 152, Subpart E, to the same effect. (§ 10.24.150 repealed reenacted Ord. 028-05)