Sec. 5-1. Definitions.
As used in this chapter, unless the context otherwise requires, the following words shall have the meaning indicated:

Aircraft means any aeroplane, airplane, gas bag, flying machine, balloon, any contrivance now known or hereafter invented, used or de­signed for navigation or flight in the air.

Airport means the Harold Davidson Munici­pal Airport.

Based means the keeping of an aircraft for commercial aeronautical activity at the airport.

Commercial aeronautical activity means the use of any aircraft for hire, aerial photogra­phy, rental of space for aircraft storage, for crop spraying or dusting, flight training ac­tivity, aircraft charter and taxi, air ambulance service, aircraft engine and accessory main­tenance, including sale of parts for engines and airframes and sale of accessories, aircraft rental and sales, and aircraft storage, gaso­line and lubricant sales.

Inspector shall mean the building official or agent who performs under any zoning or build­ing ordinances of the city.

Landing area means the area of airport used for the landing, taking off or taxiing of air­craft.

Permit means a permit issued under the authority of the city to carry on any or all of the above commercial aeronautical activities.

Structure means any objects constructed or installed by man, including but without limita­tion, buildings, towers, smoke stacks, overhead transmission lines and radio antennae. (Ord. No. 593, 1-2-73)

Sec. 5-2. Governing body to control.
All of the regulations and controls as set forth in this chapter and permits issued hereunder shall be under-the control of the governing body of the city. (Ord. No. 593, 1-2-73) *Cross reference – Airport zoning, App. E. State law reference – Power of municipalities to regulate airports, SDCL 1967, § 50-7.2.

Sec. 5-3. Control, rules and regulations.
The airport shall be under the control of the city manager. The airport manager is hereby charged with the duty of maintaining and operating said airport, under the terms and provisions of resolutions adopted by the coun­cil. The city manager is hereby authorized to promulgate such rules and regulations as may be deemed necessary or advisable for the proper management, control and operation of said airport. Said rules and regulations as are adopted shall be in full force and effect upon the filing of copies of the same with the city auditor and shall be subject to the violation penalties of this chapter. (Ord. No. 593, 1-2-73)

Sec. 5-4. Federal regulations to prevail.
No aircraft shall be permitted to operate over the corporate limits of the city nor upon or from the airport, nor within any control zone thereof unless the operation thereof is done within strict compliance of all federal rules and regulations. (Ord. No. 593, 1-2-73)

Sec. 5-5. Parking regulations.
No vehicle or truck of any kind or type shall be allowed upon any area of the airport except in designated parking or unloading areas and as required for maintenance or snow removal, or as otherwise expressly authorized in writing by the city manager. (Ord. No. 593, 1-2-73) Cross reference-Parking generally, § 23-66 et seq.

Sec. 5-6. Permit-Requirement; application for.
No person shall hereafter operate or con­duct any commercial aeronautical activity upon or from the airport for any commercial pur­pose or any purpose whatsoever for hire by such person without first obtaining a permit for such operation or activity from the city. No permit for any commercial aeronautical activity will be issued until the person seeking such permit shall have submitted to said city an application stating the applicant’s name, ad­dress, complete description of the commercial activity and of the equipment to be used in connection therewith, and, if the applicant be a non-resident of the city, the person or per­sons he has designated to accept notice, serv­ices of process and summons on his behalf, which designation shall continue during the time any permit is in force. All permits and leases issued by the city shall be done so as to comply with minimum Federal and State rules and regulations so far as the same shall apply. (Ord. No. 593, 1-2,73)

Sec. 5-7. Same – Issuance; term.
The city shall, upon receipt of the fees in such sums as the council shall determine, is­sue to the applicant a permit to conduct com­mercial aeronautical activity or activities. Said permit shall clearly state the aeronautical ac­tivities in which the holder may engage. Per­mits shall be issued for a period of one year and shall expire on December 31 of the year issued. (Ord. No. 593, 1-2-73) *Cross reference-Airport zoning, App. E. State law reference-Power of municipalities to regulate airports, SDCL, 1967, 50-7.2

Sec. 5-8. Same – Fees.
(a) The following permits shall be required for operations based at or originating from the airport and shall be issued on an annual basis:

(1) Fixed base operator permit: Three hun­dred dollars ($300.00) per year to carry on all the following or any other form of commercial activity related to aviation;

(2) Air taxi permit: Fifty dollars ($50.00) per year to carry on regular air taxi oper­ations.

(3) Instructors permit: Fifty dollars ($50.00) per year to carry on pilot instruction.

(4) Crop spraying permit: Two hundred dol­lars ($200.00) per year to carry on crop spraying operations.

(5) Aircraft sales and repair permit: Fifty dollars ($50.00) per year to repair and sell aircraft.

(b) Any permit may be cancelled by the council for the violation of this chapter or for the violation of any pertinent provisions of this Code, State Aeronautics Commission or Federal Aviation Administration rules and regulations by the holder of said permit, his agents, employees or servants upon fifteen (15) days written notice given to the permit holder. (Ord. No. 593, 1-2-73)

Sec. 5-9. Hangar rental.
A rental charge, not to exceed thirty dollars per month for each airplane for hangar space, shall be paid to the city by each person who stores an airplane in any city-owned hangar. The rental shall be due and payable the first of each month to the city auditor; no refund shall be made because of abandonment or ces­sation of use of space rented during the month. (1956 R.O., § 10.1203)

Sec. 5-10. Storage of able materials.
The storage of any gasoline or highly inflam­mable material in any hangar located on the airport is expressly prohibited. AR paints, dopes, varnishes and solvents shall be stored and kept in accordance with appropriate fire and safety rules and regulations. No gasoline may be sold or disposed except from under­ground tanks through an approved stationary gasoline pump except that trucks may be used to deliver gasoline to buried gasoline tanks and deliver from said tanks to aircraft parked in designated parking or unloading areas. (Ord. No. 593, 1-2,73) Cross reference-Fire prevention and protection, Ch. 10.

Sec. 5-11. Right of Inspection.
The city, through its designated officials, reserves the right to enter and inspect any hangar or building located on the airport at the city’s discretion and any and all leases shall have in their provisions an agreement permit­ting such entry and inspection. (Ord. No. 593. 1-2-73)

Sec. 5-12. Building permit required for construction.
No construction, building, alteration and the like in any manner or form or any structure upon the airport shall be done or performed unless a building permit shall have been obtained therefor from the building of­ficial. The places where construction shall be allowed shall be as designated by the airport master plan. A permit must be obtained for the location of any facility such as, but not neces­sarily limited to, gasoline pumps, advertising signs and similar facilities from said building official in the same manner and forms as building permits. (Ord. No. 593, 1-2-73)

Sec. 5-13. Use of funds.
Proceeds from application and rental fees shall go into the general fund. (1956 R.O., § 10.1205)

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