For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them:

AIRCRAFT: Any contrivance used or designed for navigation or flight in the air.

KEARNEY MUNICIPAL AIRPORT: The property covered by a deed dated the fifteenth (15th) day of June, 1950, executed by the United States of America in favor of the City and filed and recorded at the County Register of Deeds office on the seventh (7th) day of July, 1950, in Deed Book 151, page 47.

(Ord. No. 2872, 1, 9-26-78; Ord. No. 2932, 1, 1-9-79; Code 1980, 4-1; Ord. No. 7206, 9-13-2005)

A.

The Kearney Municipal Airport shall be and continue to be under the supervision and control of the City.

B.

The City Manager and/or his/her designated officers are hereby charged with the duty and responsibility of operating and managing the airport and enforcement of the rules, regulations and directives established for the airport.

C.

The City Council may promulgate such rules and regulations as it deems necessary or advisable for the proper management, control and operation of the Kearney Municipal Airport, and such rules and regulations may be adopted from time to time hereafter by resolution of the Board of Directors. A copy of such rules and regulations as are adopted by the City Council shall be filed in the Office of the City Clerk.

(Ord No. 2872, 12, 9-26-78; Ord. No. 2932, 5, 1-9-79; Code 1980, 4-2; Ord. No. 7206, 9-13-2005)

State Law reference— Similar provisions, Neb. Rev. Stat. 3-215(1)

The City Manager is hereby authorized to appoint as airport guards or police any qualified reserve peace officers as defined by Nebraska Revised Statutes Section 81-1438 et seq. Any such duly appointed guard(s) or police shall have full police powers within the boundary limits of the Kearney Municipal Airport.

(Ord No. 2872, 13, 9-26-78; Ord. No. 2932, 6, 1-9-79; Code 1980, 4-3; Ord. No. 7206, 9-13-2005)

State Law reference— Similar provisions, Neb. Rev. Stat. 18-1508

A.

The terms and provisions of this Code are hereby adopted for and made applicable to the Municipal Airport and are to be immediately in full force and effect within the territorial limits of the Municipal Airport as defined.

B.

All regular officers of the Police Department shall be and are hereafter vested with full police powers within the boundaries of the Kearney Municipal Airport; and it shall, hereafter, be their duty to enforce the provisions of the applicable City Code sections, rules and regulations.

(Ord. No. 2932, 6, 1-9-79; Code 1980, 4-4; Ord. No. 7206, 9-13-2005)

A.

No person shall operate or conduct any activity from the Kearney Municipal Airport for any commercial purpose or any purpose whatsoever for the financial profit of such operators, without first obtaining a permit for such operation or activity from the City. This issuance of any such permit shall be within the sole discretion of the City and in acting upon the application for such permit, the Kearney Municipal Airport shall take into consideration the availability of space for the particular type of operation or activity contemplated by the applicant, the safety of the lives and property of the inhabitants of the City, and all persons operating on or from said airport, the condition of the airport, and the desirability and suitability of such commercial operation upon and from said airport.

B.

No permits for commercial operation shall be issued until the person seeking such permit shall have submitted to the City his/her application stating his/her name and address, a complete description of the type of commercial operation contemplated, the period of time to be covered by the permit, a complete description of the equipment to be used in such commercial operation and any other facts or information that may be required by the City Council from time to time. Each permit issued shall state specifically the nature or type of operation authorized by such permit, and the length of time covered by the permit.

(Ord. No. 2872, 11, 9-26-78; Ord. No. 2932, 4, 1-9-79; Code 1980, 4-5; Ord. No. 7206, 9-13-2005)

The aircraft traffic pattern shall be the standard left-hand pattern as described in the Federal Aviation Regulations, Part 91, for airports without control towers.

(Ord. No. 2932, 3, 1-9-79; Code 1980, 4-17)

All landings and takeoffs, excepting helicopters, shall be made on the runways. No landings or takeoffs, excepting helicopters, shall be made on areas designated as ramp or areas designated as taxiways.

(Ord. No. 2872, 10, 9-26-78; Ord. No. 2932, 3, 1-9-79; Code 1980, 4-18)

When any aircraft is in flight within or above the City, the pilot thereof, or any other person therein, shall not make, or permit any loud or unnecessary noise to be made by such aircraft, its motor, or any apparatus attached to or contained in such aircraft; nor shall such pilot, or other person, permit the use of any radio, mechanical device or apparatus for the intensification or amplification of the human voice or any sound or noise for advertising purposes. Such pilot shall not drop or release, or permit any person to drop or release, any object or thing which may endanger life or injure property, or drop or release any paper or advertising matter therefrom.

(Ord. No. 2872, 9, 9-26-78; Ord. No. 2932, 2, 1-9-79; Code 1980, 4-19; Ord. No. 7206, 9-13-2005)

A.

Excepting public roads and buildings (during normal business hours) that are used for public aviation transportation, only persons and/or vehicles authorized by a written lease or agreement with the City of Kearney or authorized by the Airport Manager shall be allowed to enter upon any airport lands or buildings.

B.

Except for the vehicles and equipment used by the City in the operation and maintenance of the Kearney Municipal Airport, only vehicles authorized by the Airport Manager and equipped with flashing or rotating beacons shall be allowed to cross, enter upon, or travel upon any runway or taxiway. The Airport Manager may grant access to the apron areas to vehicles determined to need said access. Except for emergency vehicles, no vehicle shall exceed speeds of thirty-five (35) miles per hour when traveling upon or crossing any runway, taxiway, or apron area.

C.

The Airport Manager shall determine which vehicles or persons are authorized to enter upon areas of the Kearney Municipal Airport. Unauthorized persons or vehicles shall be considered to be trespassing if they refuse to leave any of the Airport areas when requested to do so by the Airport Manager, any employees of the City of Kearney, the Kearney Police Department or the Kearney Volunteer Fire Department.

D.

The use of any Airport-owned property for the establishment or maintenance of a family residence is hereby prohibited. For purposes of this section, the definitions of family and residence shall be as follows:

FAMILY: One (1) or more persons who are related by blood or marriage, living together and occupying a housekeeping unit, with or without kitchen facilities.

RESIDENCE: A factual place of abode (requiring only bodily presence as an inhabitant of the place).

(Ord. No. 7206, 9-13-2005)

Smoking is prohibited in the terminal building of the Kearney Municipal Airport except in designated areas and in private offices that are closed off from the rest of the public areas, in order to protest the public from exposure to smoke. Violation of this section shall constitute a misdemeanor.

(Ord. No. 5730, 3-8-94; Ord. No. 7206, 9-13-2005)

State Law reference— Similar provisions, Neb. Rev. Stat. 3-215(2), §71-5701, et seq.