Last Modified on 05/07/2009 09:05:45Chapter 4 AVIATION*
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Cross references: Aviation Department, § 2-31; dropping advertisements or other objects from aircraft, § 3-7.
State law references: Aviation, A.R.S. § 28-8201 et seq.; municipal authority relative to airports, A.R.S. § 28-8411 et seq.
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Article I. In General
Sec. 4-1. Definitions.
Sec. 4-2. Permission to use airport conditional; denial of permission; use of airport property; Phoenix Airport regulations.
Sec. 4-3. Minimum standards for leasing of space and conducting of businesses on airport.
Sec. 4-4. Written permission required for commercial activities and solicitation at the airport.
Sec. 4-5. Licenses.
Sec. 4-6. Aircraft storage areas.
Sec. 4-7. Payment of charges; delinquent account fee; method of computation.
Sec. 4-8. Lease assignments or subleases.
Sec. 4-9. Use of landing area, ramp and apron area.
Sec. 4-10. Structural and decorative changes.
Sec. 4-11. Airport liability.
Sec. 4-12. Damages to airport property.
Sec. 4-13. Firearms and explosives.
Sec. 4-14. Dogs and other animals.
Sec. 4-15. Commercial photography.
Sec. 4-16. Airport use limited to aviation-related activities.
Sec. 4-17. Hold harmless clause.
Sec. 4-18. Insurance coverage required.
Sec. 4-19. Compliance with airport revenue bonds.
Sec. 4-20. Operating locations for scheduled air carriers.
Sec. 4-21. Use of shop areas.
Sec. 4-22. Airport security fees and badges.
Sec. 4-23. Agreements with the United States Government.
Secs. 4-24– 4-29. Reserved.
Article II. Aircraft Rules
Sec. 4-30. Authority to close the airport, prohibit delay or restrict landing and takeoffs.
Sec. 4-31. Compliance.
Sec. 4-32. Negligent operations prohibited.
Sec. 4-33. Landing aircraft requirements.
Sec. 4-34. Landing of motorless aircraft prohibited.
Sec. 4-35. Aircraft engine ground operations.
Sec. 4-36. Practice landings and takeoffs.
Sec. 4-37. Clearance of landing runway.
Sec. 4-38. Aircraft accidents.
Sec. 4-39. Demonstration.
Secs. 4-40– 4-48. Reserved.
Article III. Vehicle Operation or Parking and Pedestrian Traffic Regulation
Sec. 4-49. Restriction as to operation of vehicles.
Sec. 4-50. Loading vehicle or unloading passengers, cargo or equipment.
Sec. 4-51. Vehicle parking restrictions.
Sec. 4-52. Motor vehicle operating in or on the aircraft movement area.
Sec. 4-53. Repair of motor vehicles.
Sec. 4-54. Authority to remove vehicles.
Sec. 4-55. Soliciting rides.
Sec. 4-56. Motor vehicle operation insurance requirements.
Sec. 4-57. Adherence to State and local vehicle and pedestrian laws.
Secs. 4-58– 4-66. Reserved.
Article IV. Commercial Ground Transportation Vehicles Rules and Regulations
Sec. 4-67. Definitions.
Sec. 4-68. Decal display; transfer; unlawful display.
Sec. 4-69. Driver's identification card.
Sec. 4-70. Commercial ground transportation; permit required; application; expiration.
Sec. 4-71. Rules and regulations.
Sec. 4-72. Compliance.
Sec. 4-73. Driver's identification cards issued.
Sec. 4-74. Reserved.
Sec. 4-75. Termination of operating privileges; application for reinstatement; effect of termination.
Sec. 4-76. Motor vehicle equipment safety violations.
Sec. 4-77. Prohibited acts.
Sec. 4-78. Fees.
Sec. 4-79. Rental car customer facility charge.
Sec. 4-80. Penalties.
Sec. 4-81. Exemptions.
Sec. 4-82. Taxicab and limousine operating rights; unscheduled taxicab and limousine operators; effective dates of termination.
Sec. 4-83. Established fare rates for taxicabs and contracted limousines.
Sec. 4-84. Definition; time scheduled van; operating rights; effective date of termination.
Sec. 4-85. Intercity ground transporter operating rights.
Sec. 4-86. Small operator parcel.
Secs. 4-87– 4-93. Reserved.
Article V. Safety; Environmental; Fueling
Sec. 4-94. Fire equipment.
Sec. 4-95. Storage and equipment.
Sec. 4-96. Abandoning personal property.
Sec. 4-97. Fire safety/storage.
Sec. 4-98. Entrance into restricted areas.
Sec. 4-99. Sanitation/trash containers.
Sec. 4-100. Preservation of property.
Sec. 4-101. Interfering or tampering with aircraft.
Sec. 4-102. Cleaning and maintaining aircraft; written plan.
Sec. 4-103. Removal of gas, oil, grease or regulated substances.
Sec. 4-104. Endangering persons or property.
Sec. 4-105. Smoking.
Sec. 4-106. Explosives and other dangerous articles.
Sec. 4-107. Reports to environmental agencies.
Sec. 4-108. Notification to Aviation Director.
Sec. 4-109. Permits and approvals.
Sec. 4-110. Waste.
Sec. 4-111. Bonding of electrical potential during fuel handling.
Sec. 4-112. Storage of fuel trucks and fuel trailers.
Sec. 4-113. Motorized equipment.
Sec. 4-114. Fueling and defueling aircraft; fueling ground service equipment; flowage fee.
Sec. 4-115. Control during emergencies.
Sec. 4-116. Compliance with environmental laws.
Sec. 4-117. Environmental actions.
Secs. 4-118– 4-126. Reserved.
Article VI. Conduct at City Airports Requiring A Permit
Sec. 4-127. Declaration of intent.
Sec. 4-128. Prohibited acts.
Sec. 4-129. Peripatetic noncommercial expressive activity.
Sec. 4-130. Permit required.
Sec. 4-131. Contents of application for permit.
Sec. 4-132. Issuance and denial of permits.
Sec. 4-133. Multiple applications– Limitations.
Sec. 4-134. General restrictions.
Sec. 4-135. Revocation or denial of permit.
Sec. 4-136. Penalties.
Sec. 4-137. Administrative rules and regulations.
Sec. 4-138. Newsrack vending machines– Definitions; findings; permit required; locations; type; rental fees; sanctions and appeal; rights.
Secs. 4-139– 4-148. Reserved.
Article VII. Minimum Standards at Airports
Sec. 4-149. Minimum standards established through rules and regulations.
Secs. 4-150– 4-159. Reserved.
Article VIII. Minimum Standards Fees
Sec. 4-160. Minimum standards fees.
Secs. 4-161– 4-171. Reserved.
Article IX. Rates and Charges
Sec. 4-172. Rates and charges.
Sec. 4-173. Terminal building space.
Sec. 4-174. Terminal 4 International Concourse common use facilities fees and surcharges.
Sec. 4-175. Explosive detection baggage handling system.
Sec. 4-176. Other facilities.
Sec. 4-177. Monthly landing reports of companies.
Sec. 4-178. Bond required.
Sec. 4-179. Commercial aircraft operator landing fees.
Sec. 4-180. Itinerant commercial operator landing/parking fees.
Sec. 4-181. Exemptions.
Secs. 4-182– 4-189. Reserved.
Article X. Aeronautical Commercial Use Permits
Sec. 4-190. Commercial use permit requirements; effective date; applicability.
Sec. 4-191. Permit required; application; expiration.
Sec. 4-192. Commercial use permit fees.
Sec. 4-193. Termination of commercial use permit.
Sec. 4-194. Termination for cause.
Secs. 4-195– 4-203. Reserved.
Article XI. General Aviation Aircraft Storage Charges
Sec. 4-204. Rates for open and covered tiedowns and T-hangars at City-owned airports.
Sec. 4-205. Vehicle access and fuel handler cards.
Secs. 4-206– 4-214. Reserved.
Article XII. Phoenix Aviation Advisory Board
Sec. 4-215. Creation; composition; term of members; vacancies; quorum; organization; rules; compensation of members.
Sec. 4-216. Powers and duties.
Secs. 4-217– 4-235. Reserved.
Article XIII. Airport Zoning
Sec. 4-236. Repealer; saving clause.
Sec. 4-237. Short title.
Sec. 4-238. Applicability and scope.
Sec. 4-239. Airport Zoning Commission.
Sec. 4-240. Definitions.
Sec. 4-241. Zones.
Sec. 4-242. Airport use restrictions.
Sec. 4-243. Nonconforming uses.
Sec. 4-244. Enforcement.
Sec. 4-245. Airport Board of Adjustment.
Sec. 4-246. Penalties.
Sec. 4-247. Conflicting regulations.
ARTICLE I.
IN GENERALSec. 4-1. Definitions.
In this chapter, unless the context otherwise requires, the following definitions shall apply. In addition, all definitions contained within the Federal Aviation Act of 1958 and all subsequent amendments shall be included and all definitions shall be interpreted on the basis and intention of the FAA Act and its amendments. A supplemental set of definitions is provided in Section 4-67 that relate only to Article IV. A second supplemental set of definitions is provided in Section 4-138.A that relate only to Section 4-138. A third supplemental set of definitions is provided in Section 4-22 that only relate to Section 4-22.
Accident means a collision between an aircraft or a vehicle, and an aircraft, vehicle, person, stationary object or other thing which results in property damage, personal injury, or death; or an entry into or emerging from a moving aircraft or vehicle by a person which results in personal injury or death to such person or some other person, or which results in property damage.
Air carrier means a person who is certificated by the Federal Aviation Administration to engage in air transportation directly by lease or by other arrangement.
Aircraft means a device that is used or intended to be used for flight in the air.
Aircraft movement area means any restricted portion of the airport specifically meant for the ground operation of an aircraft including runways, ramps, aprons, parking and loading areas.
Aircraft operation means an aircraft landing, takeoff or maneuver.
Aircraft parking and storage area means the open areas of an airport to be used for aircraft parking.
Airport means all of the land, buildings, and facilities comprising Phoenix Sky Harbor International Airport (PSHIA), Phoenix Deer Valley Airport (PDVA), or Phoenix Goodyear Airport (PGA), including the Rental Car Center, as now existing or as the same may hereafter be expanded and developed, unless otherwise designated.
Air terminal means any building owned and operated by the City of Phoenix with designated aircraft loading gates.
Air traffic means aircraft operating in the air or on an airport surface, exclusive of loading ramps and parking areas.
Air transportation means intrastate, interstate, overseas, or foreign air commerce or the transportation of mail by aircraft.
Aviation Director means the Aviation Director of the City of Phoenix or his designee.
Best management practices means any program technology, process, siting criteria, operating method, measure, or device that controls, removes, or reduces pollution.
Business or concession means the sale, offering for sale, or the furnishing of any commodity, article, facility or service.
Cargo means personal property transported or intended to be transported by air transportation.
City means the City of Phoenix, Arizona.
Commercial activity means the conduct of any aspect of a business or concession on the airport for revenue.
Council means the City Council of the City of Phoenix, Arizona.
Environmental laws includes, without limitation, local, State and federal laws now in effect or enacted hereafter which control or regulate substances or materials that may be detrimental to human health, safety or the environment, including hazardous substances, hazardous wastes, pollutants and petroleum products.
Fixed base operator means a person, firm or corporation that, subject to the provisions of a lease at the airport, is providing or offering general aviation services to the public.
Flying club means any partnership, corporation or group of individuals which, neither for profit nor reward possesses one or more aircraft for the purpose of rental to its members and is in compliance with other rules and regulations adopted by the Aviation Director.
Fuel dispenser means the authorized storage, transfer or other handling of aviation petroleum products in quantities greater than one hundred U.S. gallons.
Fuel handling means the transportation, delivery, fueling, and draining of fuel or fuel waste products.
Fuel storage area means any portion of an airport temporarily or permanently designated by the Aviation Director as areas where gasoline, and any other type of fuel, may be stored or loaded in compliance with applicable environmental laws.
General aviation services means:
1. Aircraft accessories: Sales, services, repair, exchange and installation of new or used aircraft accessories such as alternators, generators, starters and oil coolers.
2. Aircraft fuel and lubricant retail sale.
3. Aircraft maintenance: Inspection, repair, service, modification and replacement of airframes, power plants, components and accessories.
4. Aircraft parts: Purchase, sales and exchange of new, used or rebuilt aircraft parts, accessories equipment or tools at retail or wholesale.
5. Aircraft refinishing: Installation, replacement, modification or repair of aircraft interior upholstery and furnishings, and aircraft painting.
6. Aircraft rental: Allowing the use of aircraft in return for payment.
7. Aircraft sales: Purchase, sales, exchange and brokerage of new or used aircraft.
8. Aircraft storage: Rental of tiedowns or hangar space.
9. Contract operations: Special contractual services such as helicopter sling operations, firefighting, aerial photography and aerial advertising.
10. Pilot training: Instruction by qualified ground school and flight instructors to prepare students to take written, oral and flight examinations for a pilot's license, aircraft rating or periodic review; and aircraft rental for dual or solo flight training, pilot proficiency and currency.
11. Any other activities approved in writing by the Aviation Director.
Handicapped services vehicle means a van or any other motor vehicle that is designated by the Aviation Director as a handicapped services vehicle authorized to operate on an airport in accordance with Article IV.
Itinerant operations means all aircraft operations at a site other than its designated base.
Loading gate means that terminal space reserved for the loading and unloading of aircraft.
Loading ramp means the aircraft area used for the loading and unloading of aircraft.
Loading zone means that space adjacent to a curb reserved for loading or unloading passengers, baggage or materials from vehicles.
Off-airport rental car company means a person or business entity that rents vehicles to airport customers but does not lease space from the City at the airport.
On-airport rental car company means a person or business entity that rents vehicles to airport customers from space at the airport that has been leased from the City.
Operator means the person, firm or corporation in possession of an aircraft or vehicle; or, any person who has rented such for the purpose of operation by himself or his agent.
Over-height vehicle means a vehicle which exceeds a height of six feet ten inches above the level surface on which the vehicle stands.
Park or parking means an aircraft, bicycle or motor vehicle standing attended or unattended.
Pedestrian means any person afoot.
Permission or permit means permission granted by the Aviation Director unless otherwise herein specifically provided.
Pilot means the person responsible for the operation and control of an aircraft.
Regulated substance includes without limitation, any substance, materials or wastes that are or become regulated under, or that are classified as hazardous or toxic under any environmental law, including petroleum.
Rental Car Center or RCC means the ground area and improvements to the site within Sky Harbor Center from which all on-airport airport rental car companies serve airport customers.
Roadway means any street or roadway whether improved or unimproved within the boundaries of the airport set aside or designated for use by vehicles whether dedicated or not.
Sky Harbor Center means The Sky Harbor Center Redevelopment Area as identified in The Sky Harbor Center Redevelopment Area Redevelopment Plan adopted by the Phoenix City Council on April 24, 1985 by Resolution Number 16569.
Stormwater Enforcement Procedures and Civil Penalty Policy means a policy enacted by the City to achieve compliance with Phoenix City Code Chapter 32C and to prevent pollution of the waters of the United States via the public storm drain system by airport users.
Traffic means pedestrians and vehicles, either singly or together while using any airport area.
Vehicle means a device in, upon or by, which any person or property is or may be propelled, moved, or drawn upon a roadway or other ground surface.
Vehicle parking area means any portion of an airport designated and made available, temporarily or permanently, by the Aviation Director for the parking of vehicles.
Walkway means any sidewalk, crosswalk, ramp, dock, concourse, lobby area or other such area designed for pedestrian traffic.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 1, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4425, § 1, passed 4-18-2002, eff. 4-18-2002; Ord. No. G-4764, § 1, adopted 12-14-2005, eff. 1-26-2006)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 4-2. Permission to use airport conditional; denial of permission; use of airport property; Phoenix Airport regulations.
A. Any person who is granted permission by the City of Phoenix or Aviation Director expressly or by implication, to enter or use any part of the airport shall comply with the airport rules and regulations; and entry into the airport by any person, constitutes an agreement by the person to comply with such rules and regulations. The City of Phoenix reserves the right to deny any or all usage of the airport to any person for any cause.
B. In this chapter where it is specified that rules, regulations or other airport requirements shall be established by the Aviation Director, they shall be compiled in a manual and entitled "Phoenix Airport Regulations" and shall have the force and effect of law.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-3. Minimum standards for leasing of space and conducting of businesses on airport.
Prior to entering a bid, proposal or negotiation for any terminal space or land area to be leased from the City of Phoenix and prior to commencing any operation on the airport, a prospective tenant must present to the Aviation Director information satisfactory to the Aviation Director that the tenant meets the minimum standards established by the City of Phoenix for engaging in such business on the airport.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-4. Written permission required for commercial activities and solicitation at the airport.
The use of any portion of the airport for revenue-producing commercial activities or to solicit business or funds is prohibited unless authorized by the Aviation Director by lease, permit or license agreement under such terms and conditions that may be required by the Aviation Director for the safe, efficient and orderly use of the airport.
DESCRIPTION MONTHLY RATE SETUP (ONE TIME COST) Use for a point to point connection in a single building $71.88 $120.00 Each additional single building use $35.94 $60.00 Use for point to point connection between separate airport buildings $215.63 $360.00 Each additional separate building/concourse use $107.81 $180.00 A. The monthly rate shall be adjusted annually based on the Consumer Price Index (CPI) plus one half of a percent for administrative costs on January 1 of each year.
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3. The license shall include the following terms:
A. Term will be month-to-month.
B. Tenant may cancel the license at any time in writing.
C. The rate will be charged in whole months and will not be prorated.
D. The Aviation Director may terminate the license without cause at any time.
E. License will automatically terminate when tenant vacates the premises where the connectivity exists.
F. Tenant shall leave the connectivity infrastructure in place upon vacating the premises or upon termination of the license.
G. Tenant is solely responsible for installation and maintenance of all equipment the tenant uses in connection with the infrastructure.
H. Tenant shall be responsible for, and indemnify the City for, any damages to the infrastructure caused, in any part, by tenant's action or omission.
I. Tenant shall hold the City of Phoenix harmless from any consequential damages that may result from any use, interruption or failure of the infrastructure.
J. Any other terms and conditions deemed necessary or convenient by the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4786, § 1, adopted 3-22-2006, eff. 4-21-2006; Ord. No. G-4871, § 1, adopted 3-7-2007, eff. 4-6-2007)
Sec. 4-6. Aircraft storage areas.
(A) Except as otherwise provided in a lease or in accordance with (B) of this section, aircraft storage areas shall be used for aircraft storage only and no major maintenance, as defined in Federal Aviation Regulations (FAR) part 43, or commercial activity shall be performed in the aircraft storage area.
(B) For T-hangar and tiedown storage permittees the Aviation Director may issue a service authorization permit to allow the permittee to obtain aircraft maintenance and/or flight instruction services from a general aviation service provider. Said application shall contain, as a minimum, the following:
1. The identity of the permittee and the service provider.
2. A description of the service to be provided.
3. Copies of all necessary Federal Aviation Administration certificates and/or licenses for the service provider.
4. A hold harmless provision in favor of the City executed by both the permittee and the service provider.
5. A requirement that the permittee is present during all times service is being provided by the service provider.
6. Payment of a fee of ten dollars per any partial or full day of services provided, which shall not exceed two hundred fifty dollars per calendar year for any T-hangar or tiedown storage permittee.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-7. Payment of charges; delinquent account fee; method of computation.
A. All Aviation Department invoices are payable upon presentation except as provided on the invoice, or as modified by contract provision.
B. For all commercial activity authorized on an airport, payment due dates shall be subject to a ten-calendar-day grace period, and thereafter shall be delinquent and subject to a delinquent account fee of one and one-half percent per month, not to exceed eighteen percent per annum. Whenever Section 4-7 is referenced elsewhere in this Code, it shall apply to this subsection unless the context provides otherwise.
C. For all passenger facility charges by the airlines for and on behalf of the city which are remitted after the last day of the calendar month following their collection are subject to a delinquent account fee in the amount of one and one-half percent per month, not to exceed eighteen percent per annum.
D. Delinquent account fees shall be computed and accrued on a daily basis, and assessed until the account balance including delinquent account fees are paid in full.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4401, § 1, passed 12-19-2001, eff. 1-18-2002)
Sec. 4-8. Lease assignments or subleases.
No airport lease, license or permit may be transferred or sublet without the prior written consent of the Aviation Director. Any violation of this section shall subject the lease, license or permit to immediate cancellation at the discretion of the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-9. Use of landing area, ramp and apron area.
No person shall land or take off an aircraft on or from a landing area, or use a landing area, ramp and apron area, passenger ramp and apron area, cargo ramp and apron area, or an aircraft parking and storage area, except upon the payment of such fees and charges as may from time to time be prescribed by the Aviation Director, unless such person is entitled to use such areas under a lease or special contract. No person shall enter upon the ramp and apron areas except: (1) persons assigned to work in those areas; (2) persons authorized by the Aviation Director; (3) enplaning or deplaning passengers.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-10. Structural and decorative changes.
No person shall make any alterations of any nature whatsoever to any buildings, ramps or other airport space, nor erect any buildings or other structures without prior permission of the Aviation Director. All lessees and licensees shall comply with all building codes of the City of Phoenix, or if applicable, City of Goodyear, and deliver to the Aviation Director construction plans for approval prior to commencing such construction and as-built plans upon completion of construction.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-11. Airport liability.
The City of Phoenix assumes no responsibility or liability for loss, injury or damage to persons or property on the airport or using airport facilities, by reason of fire, vandalism, wind, flood, earthquake or other acts of God, civil disorder, armed conflict or collision damage, nor does it assume any liability by reason of injury to persons or property while using the facilities of same.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-12. Damages to airport property.
Tenants, licensees and permittees, in addition to any terms that might be contained in their use agreement, shall be fully responsible for all damages to buildings, equipment, real property and appurtenances in the ownership or custody of the City, including environmental damages, whether caused by negligence, abuse, or carelessness on the part of their employees, agents, customers, visitors, or persons with whom they may do business.
Any person causing, or liable for, any damage to airport property shall be required to pay to the City of Phoenix on demand the full cost of the damage. Any person failing to comply with this section may be refused the use of any airport facility until the City of Phoenix has been fully reimbursed for damage done.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-13. Firearms and explosives.
No person shall carry any unauthorized firearms or explosives on the airport in violation of applicable local, State or federal laws.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Cross references: Weapons and firearms, § 23-38 et seq.
Sec. 4-14. Dogs and other animals.
Dogs and other animals may be permitted on the airport only if on a leash or confined in such a manner as to be under control and present no hazard or nuisance to the operation of the airport.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Cross references: Animals, ch. 8.
Sec. 4-15. Commercial photography.
No person shall take still, motion or sound pictures of or at the airport for commercial purposes without permission of the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-16. Airport use limited to aviation-related activities.
The leased premises on the airport will be used for aviation and affiliated and related industries and businesses except where specifically authorized for other use by the City Council.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-17. Hold harmless clause.
Every lease, license or permit in connection with the use of airport property or facilities shall include a hold harmless clause in favor of the City.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-18. Insurance coverage required.
Every lessee, licensee and permittee shall provide to the City evidence of current insurance coverage in such form and for such amounts and for such coverages as determined by the City.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-19. Compliance with airport revenue bonds.
Every agreement shall comply with the applicable requirements of the airport revenue bond ordinances.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-20. Operating locations for scheduled air carriers.
Any scheduled air carrier providing passenger or air cargo service at the airport shall operate from such location as shall be designated by the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-21. Use of shop areas.
All shops, garages, equipment and facilities are expressly for the conduct of the owner's or lessee's business and operations. No person other than employees of the owner or lessee shall make use of these facilities or loiter around such premises without individual and specific permission of the owner or lessee.
1. Certified Air Carrier Initial Badge Fee $5.00* 2. Initial Fingerprint & Badge Fee $32.00 3. Refundable Deposit Per Badge Not To Exceed $50.00 4. Renewal/Reissue Fee $10.00 5. Replacement Badge Fee Not To Exceed $100.00 *Requires a transportation security administration approval code from a certified air carrier.
E. Fee waiver. The Aviation Director may waive fingerprint and badge fees for government agencies and companies under contract with the City of Phoenix.
F. Fee remittance. The City Controller is authorized to remit a portion of any fingerprinting fee to the agency or company processing fingerprints.
G. Badge termination. The Aviation Director shall terminate the privileges of any individual under this section when the individual no longer needs access to the restricted area. The Aviation Director may immediately revoke a badge for any violation of law, federal rule or regulation, or airport rule, or for failing to properly maintain custody or control of the badge.
H. Request for reconsideration. An individual requesting reconsideration of the Aviation Director's decision to deny or terminate their badge must do so in writing within five business days. The Aviation Director will notify the individual in writing of his decision within five business days after the request for reconsideration is received.
(Ord. No. G-4425, § 2, passed 4-18-2002, eff. 4-18-2002; Ord. No. G-5105, § 1, adopted 3-19-2008, eff. 4-18-2008)
Sec. 4-23. Agreements with the United States Government.
The Aviation Director may enter into agreements with the United States Government to delineate responsibilities for the safe and efficient operation of the airport, under such terms and conditions deemed to be necessary or convenient by the Aviation Director.
(Ord. No. G-4613, § 1, adopted 6-9-2004, eff. 7-9-2004)
Secs. 4-24– 4-29. Reserved.
ARTICLE II.
AIRCRAFT RULESSec. 4-30. Authority to close the airport, prohibit delay or restrict landing and takeoffs.
The Aviation Director may prohibit aircraft operations at any time that, in the Director's judgment, such activity is likely to endanger persons or property.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-31. Compliance.
An aircraft shall at all times be navigated and operated to, from and around an airport in full compliance with applicable Federal Aviation Administration laws, rules and regulations.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-32. Negligent operations prohibited.
No aircraft shall be operated in an aircraft movement area in a careless or negligent manner in disregard of the rights or safety of others, or, at a speed or in a manner which endangers, or is likely to endanger, persons or property; or, while the pilot, or other person aboard controlling any part of the aircraft operation, is under the influence of intoxicating liquor, narcotic or habit forming drug; or, if such aircraft is so constructed, equipped or loaded as to create a danger to persons or property.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
State law references: Careless or reckless operation of aircraft, A.R.S. § 28-8280.
Sec. 4-33. Landing aircraft requirements.
No aircraft may land or take off at an airport unless it is equipped with all equipment required by the Federal Aviation Administration.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-34. Landing of motorless aircraft prohibited.
No motorless aircraft, kite, model aircraft, balloon or unregistered aircraft may land or take off at an airport without written permission having first been obtained from the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-35. Aircraft engine ground operations.
A. No aircraft shall be taxied or hovered at an airport where the jet or propeller blast may cause injury to persons or property. If an aircraft cannot be so taxied or hovered, then its engine shall be shut off and the aircraft towed to its destination or a safe operating area.
B. No aircraft engine shall be run up except in authorized areas, and during hours established for such activity by the Aviation Director, nor in such manner that the propeller or jet blast may cause injury to persons or do damage to property or other aircraft.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-36. Practice landings and takeoffs.
All touch-and-go landing practice shall be done with permission of the control tower (when in operation), and in accordance with the guidelines adopted by the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-37. Clearance of landing runway.
Aircraft landing at the airport shall make the landing runway, associated taxiways, ramps and apron available to others by leaving the line of traffic as promptly as possible.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-38. Aircraft accidents.
A. The person in possession of an aircraft involved in an accident that occurs on an airport shall deliver to the Aviation Director a copy of the Federal Aviation Administration accident report as soon after the accident as possible.
B. The person in possession of an aircraft involved in an accident shall cause the expeditious removal of such aircraft and debris from the area.
C. When deemed necessary for the safe and convenient operation of an airport, the Aviation Director may cause the removal of a damaged or disabled aircraft and accident debris, and bill the cost of the removal to the owner or person in possession of the aircraft at the time of the accident.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-39. Demonstration.
No experimental flight or ground demonstration will be conducted on an airport without the prior written express consent of the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Secs. 4-40– 4-48. Reserved.
ARTICLE III.
VEHICLE OPERATION OR PARKING AND PEDESTRIAN TRAFFIC REGULATION*------------
Cross references: Vehicles and traffic, ch. 36; civil sanctions for violation of airport parking regulations, § 36-156.02; airport speed limits, § 36-158.
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Sec. 4-49. Restriction as to operation of vehicles.
A. Motor vehicles shall be operated only in those areas of an airport authorized by the Aviation Director, and then with strict compliance with such rules as are promulgated to regulate traffic.
B. Motor vehicles shall be operated on an airport in a manner to avoid hindering or obstructing traffic flow.
C. A driver of a motor vehicle on an airport shall exercise due care to avoid colliding with any pedestrian, vehicle in a parking area, or other property.
D. When required by the rules of an airport, a person operating a motor vehicle on the airside portion of the airport shall first have obtained a valid airfield driver's permit for that airport.
E. No person shall intentionally or negligently operate a motor vehicle within any aircraft movement area, aircraft parking and storage area, fuel storage area, cargo facility or vehicle parking area in careless disregard of the rights and safety of others.
F. Within an aircraft movement area motor vehicles shall be operated in strict compliance with speed limits and other vehicle traffic management regulations promulgated by the Aviation Director.
G. Every driver of a motor vehicle operated within an aircraft movement area shall so control the vehicle as to avoid colliding with any aircraft, and shall yield the right-of-way to any aircraft within five hundred feet of the vehicle.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-50. Loading vehicle or unloading passengers, cargo or equipment.
No vehicle operator shall load or unload passengers, cargo, luggage or equipment at an airport at any place not designated for such activity by the Aviation Director.
Economy Surface Lots $14.00 Economy Garages $16.00 Terminal Garages $35.00 b. The applicable daily maximum rates will be posted at each parking facility.
3. Fees not paid shall be deemed delinquent and assessed a delinquent account fee in accordance with Section 4-7 of the Phoenix City Code.
D. No person may park, stop, or leave a vehicle, or cause or permit a vehicle to remain halted within a vehicle parking area, aircraft movement area, fuel storage area or cargo facility, except at such places and for such periods of time as are designated by the Aviation Director.
E. No aircraft refueling, defueling or servicing equipment or apparatus may be parked on an airport except in areas designated by the Aviation Director for such purpose.
F. At night, or when visibility is impaired due to weather conditions, no unlighted vehicles or equipment may be staged in an aircraft movement area, or otherwise operated or parked in such manner that blocks or impedes aircraft movement.
G. No person may park a vehicle in a posted reserved parking space or area on an airport unless the vehicle displays an appropriate authorization parking decal for that space or area.
H. No person may park a vehicle in a posted handicapped services vehicle space or area or in a posted over-height vehicle parking space or area on an airport unless the vehicle is a handicapped services vehicle or an over-height vehicle.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 2, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4750, § 1, adopted 11-16-2005, eff. 1-9-2006 & 1-10-2006; Ord. No. G-5145, § 1, adopted 4-16-2008, eff. 5-16-2008)
Sec. 4-52. Motor vehicle operating in or on the aircraft movement area.
A. The Aviation Director may establish minimum equipment requirements for motor vehicles to be authorized to operate within an aircraft movement area.
B. Motor vehicles without such minimum equipment requirements shall not operate within the aircraft movement area.
C. An operator of a disabled motor vehicle or equipment within an aircraft movement area at PSHIA shall immediately notify the Airport Operations Division so that such information can be passed on to airport air traffic control.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-53. Repair of motor vehicles.
A. No person shall clean, perform maintenance on, or make repairs to, a motor vehicle anywhere on an airport, other than in areas or facilities designated for such purposes, except minor repairs necessary to remove said motor vehicle from the airport.
B. No person not the registered owner of a motor vehicle shall remove, or attempt to remove, from an airport, said motor vehicle, without the permission of the registered owner, or satisfactory proof of such person's right to do so, presented to the Aviation Director prior to such removal or attempted removal.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-54. Authority to remove vehicles.
A. The Aviation Director may cause to be removed from any area of an airport any vehicle that appears to be disabled, abandoned, parked in violation of airport rules, or parked in a reserved parking space, or otherwise interferes with airport operations, to another place designated by the Aviation Director.
B. An operator of a motor vehicle who parks, abandons or otherwise leaves a disabled vehicle in violation of airport rules shall be deemed to have consented to the removal of such vehicle by the Aviation Director, and said operator and the registered owner of said vehicle shall be jointly and severally liable for the cost of removal of said vehicle as provided in subsection A.
C. Notwithstanding any other provision of this section, or any other provision of the City Code, the following procedures shall apply to the towing, relocation, and recovery of all motor vehicles found to be in violation of statutes, ordinances, and posted signs which are, or may be, in effect to regulate the standing and parking of motor vehicles in areas adjacent to or near the terminals' curbside areas at Phoenix Sky Harbor International Airport.
1. In addition to any other civil or criminal penalty provided for by this Code, unattended motor vehicles standing or parked in violation of official posted signs adjacent to or near the curbside areas of the terminals of the airport are deemed to be a threat to the public health, safety and welfare, and are declared to be a public nuisance which may be abated by relocating such vehicles to areas within or without the airport designated by the Aviation Director as impound lots. The Aviation Director may designate specific Aviation Department personnel who shall be authorized to order and direct the relocation of vehicles under this subsection.
2. The registered owner or other person entitled to possession of a vehicle impounded pursuant to this subsection may:
a. Recover possession of the vehicle by paying to the tow contractor having custody of the vehicle the towing and storage fees that may have accrued.
b. Recover possession of the vehicle by posting with the tow contractor a bond in cash or alternate form approved by the Aviation Director in the amount of the towing and storage fees that have accrued. Within thirty days of the posting of such bond, a hearing before a hearing officer appointed by the Aviation Director shall be conducted at the airport at a time and place designated by the Aviation Director to determine the propriety of the tow. If the hearing officer determines that there were sufficient factual and legal grounds for the tow, the bond or other undertaking shall be forfeited as payment thereof; if the hearing officer determines that there were insufficient grounds for the tow, the bond or other undertaking shall be exonerated and the City shall be responsible for the tow charges.
c. In the event that the owner or other person entitled to possession of a vehicle cannot obtain immediate release of the vehicle, such person may demand on a form provided by the Aviation Department an immediate hearing as to whether there was a sufficient factual or legal grounds for impounding the vehicle. The hearing may take place before a hearing officer appointed by the Aviation Director. To be entitled to a hearing under this subsection, a written demand must be filed in the manner specified by the Aviation Director within either (i) five days after petitioner learned that the vehicle was impounded or was missing, or (ii) within fourteen days after the City sent notice by certified mail, returned receipt requested, to the vehicle's registered owner at the address of the person provided to the Arizona Department of Transportation, that the vehicle was impounded, whichever first occurs. Said hearing shall be held within forty-eight hours after the receipt by the City of the written demand. If the hearing officer determines that there was insufficient factual or legal grounds for the tow, then the tow contractor shall release the vehicle without the payment of the towing and storage fees, and, in that event, the City shall be responsible for payment of the towing and storage fees.
d. The payment of towing and storage fees or the release of the vehicle pursuant to a finding of insufficient factual or legal grounds shall not release the owner or driver of such vehicle from any other penalty imposed for the violation of this Code or the laws of the State of Arizona regulating the standing or parking of vehicles.
3. The Aviation Director shall establish and maintain a procedure by which a person may demand and receive, at the airport, a post-tow hearing in accordance with this subsection. The Aviation Director shall designate sufficient personnel of the Aviation Department to act as hearing officers, and such hearings shall be available within forty-eight hours of the demand therefor if the towing and storage fees have not been paid, or no bond or other undertaking is posted, and the vehicle is not released. The sole issue to be determined shall be whether there existed sufficient factual and legal grounds for the relocation to have been ordered. Members of the Police Department and Aviation Department personnel directly involved in ordering vehicle relocations shall not be designated as hearing officers.
4. The Aviation Director shall establish, by invitation for bids or otherwise, the maximum relocation charges to be assessed, commensurate with recovery of the actual costs incurred in relocating vehicles, and storage charges commensurate with garage parking fees established at the airport, and may promulgate such rules and regulations deemed convenient to provide for the release of impounded vehicles, the setting of hearings, and the posting, exoneration, forfeiture and disposition of bonds in accordance with the requirements of this section.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4138, § 1, passed 11-18-1998, eff. 11-18-1998)
Sec. 4-55. Soliciting rides.
No person shall, from a roadway or adjacent parkway of an airport, solicit a ride from passing motor vehicles; nor shall any person solicit aircraft rides from any area of an airport.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-56. Motor vehicle operation insurance requirements.
A. No person shall operate a motor vehicle within an aircraft movement area without having in force and effect an automobile liability policy with minimum coverages and amounts as prescribed by the Aviation Director, to provide coverage for liability arising from any accident in the aircraft movement area.
B. The operator of any such vehicle shall have available and produce on demand proof of the required insurance in a form prescribed by the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-57. Adherence to State and local vehicle and pedestrian laws.
Every motor vehicle operator, bicyclist and pedestrian entering upon an airport and traversing the roadway, sidewalks and crosswalks therein shall adhere and conform to the statutes of the State of Arizona and the ordinances of the City of Phoenix applicable to the rights and duties of such operator, bicyclist and pedestrian.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
State law references: Traffic regulations, A.R.S. § 28-601 et seq.
Secs. 4-58– 4-66. Reserved.
ARTICLE IV.
COMMERCIAL GROUND TRANSPORTATION VEHICLES RULES AND REGULATIONS*------------
Cross references: Taxicabs and limousines, § 36-201 et seq.
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Sec. 4-67. Definitions.
In this article unless the context otherwise requires:
Airport terminal zone means those parts of Phoenix Sky Harbor International Airport that are within five hundred feet of any passenger terminal, including the Lincoln J. Ragsdale Executive Terminal.
Automated vehicle identification and tracking system (AVITS) means radio frequency identification or global positioning satellite (GPS) technology utilized to track a ground transportation motor vehicle while at Phoenix Sky Harbor International Airport.
Automated vehicle identification tag (AVI Tag) means a radio frequency identification or GPS transponder placed on a ground transportation motor vehicle for the purpose of tracking ground transportation operations at Phoenix Sky Harbor International Airport.
Bus means a motor vehicle with a designated seating capacity of twenty-three or more passengers.
City Manager means the City Manager of the City of Phoenix or his designee.
Courtesy vehicle means a motor vehicle operated by or on behalf of a hotel, motel or commercial parking lot facility for the purpose of transporting customers and baggage between an airport and the hotel/motel or commercial parking lot facility located off an airport without a direct fee being paid by the person for the service so rendered.
Driver means any person who drives a ground transportation motor vehicle.
Ground transportation motor vehicle means a bus, courtesy vehicle, handicapped services vehicle, mini-bus, motorcycle, off-airport rental car company vehicle, time-scheduled van, unscheduled limousine, unscheduled taxicab, V.I.P. vehicle, or intercity ground transporter's vehicle.
Handicapped services vehicle means a van or any other motor vehicle that is designated by the Aviation Director as a handicapped services vehicle authorized to operate on an airport in accordance with this article.
Intercity ground transporter means an owner or driver who utilizes a multi-occupant motor vehicle of a type authorized by regulations promulgated by the Aviation Director to transport passengers and baggage from Phoenix Sky Harbor International Airport to cities or towns located farther than a thirty-five mile radius from Phoenix Sky Harbor International Airport and are otherwise outside of the service areas of other contract ground transportation service providers operating at Phoenix Sky Harbor International Airport.
Contracted limousine means a vehicle, without a meter, that includes a converted chassis and a seating capacity of between seven and fourteen passengers, and that is operated under contract with the City of Phoenix awarded pursuant to a request for proposal process to provide on-demand limousine services at the airport.
Mini-bus means any motor vehicle with a designated seating capacity between fifteen and twenty-three passengers.
Motorcycle means a motor vehicle that has a seat or saddle for the use of the rider and that is designed to travel on not more than three wheels in contact with the ground.
Motor vehicle means any device, licensed by the State of Arizona, upon which any person is or may be transported upon a public highway excepting devices moved by human power or used exclusively upon stationary rails or tracks.
Notice of penalty means a violation of this article which resulted in the issuance by the Aviation Director of a written notice to the permittee or driver, and a penalty assessed.
Notice of violation means a violation of this article which resulted in the issuance by the Aviation Director of a written notice to the permittee or driver.
Off-airport rental car company vehicle means a motor vehicle operated by or on behalf of an off-airport rental car company for the purpose of transporting customers and baggage between the RCC and an off-airport rental car company facility located off the airport, where no direct fee is paid by the person or baggage transporter for the service so rendered.
Owner means the person, partnership, association, firm or corporation having beneficial ownership of a ground transportation motor vehicle and holding the right to use said vehicle for his/her or its economic interest.
Permittee means any person, partnership, association, firm or corporation operating or conducting business on an airport under a commercial ground transportation permit as provided in this article.
Safety regulations means those parts of Title 49 Code of Federal Regulations adopted by the Arizona Department of Transportation-Motor Vehicle Division as published in the Arizona Administrative Code as R-17-4-435, as the same are amended from time to time.
Scheduled means a ground transportation motor vehicle picking up a passenger or passengers at an airport on a pre-arranged contract basis.
Shared ride means non-exclusive use of a ground transportation motor vehicle by two or more unrelated passengers, to predetermined destinations or destinations agreed upon by the passengers and driver.
Small operator parcel means the area in the rental car center that provides shared space for up to five rental car companies, each of whom have a market share of the total of Phoenix area rental car market of approximately one percent or less.
Taxicab means a motor vehicle with a designated seating capacity of less than seven passengers, excluding the driver, having four doors for passenger ingress and egress, furnished for hire on an exclusive basis, and at a charge or fare based upon time and/or mileage and recorded and indicated on a taxicab meter.
Taxicab meter means a meter device that conforms to the standards established by the City Manager pursuant to Section 36-202 of the Phoenix City Code, and that otherwise measures the distance driven and/or time upon which the fare is based, and numerically displays in dollars and cents such fare in a manner readily visible to the passenger(s).
Unscheduled means a ground transportation motor vehicle picking up a passenger or passengers on an airport other than on a prearranged basis.
Van means any motor vehicle with a designated seating capacity between six and sixteen passengers.
V.I.P. vehicle means a limousine, van or any other motor vehicle not otherwise defined herein that may be designated by the Aviation Director as a ground transportation motor vehicle authorized to operate on an airport in accordance with this article on a shared ride for hire basis, or such other basis as may be authorized by the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 3, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4735, § 1, adopted 9-7-2005, eff. 10-7-2005; Ord. No. G-4764, § 1, adopted 12-14-2005, eff. 1-26-2006; Ord. No. G-4862, § 1, adopted 1-31-2007, eff. 3-2-2007; Ord. No. G-4878, § 1, adopted 3-21-2007, eff. 4-20-2007)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 4-68. Decal display; transfer; unlawful display.
A. No ground transportation motor vehicle shall stop or park within an airport terminal zone to load a passenger(s) unless a valid authorized decal issued by the Aviation Department is displayed in the manner specified by the Aviation Director.
B. An authorized decal issued by the Aviation Department shall be for a specific ground transportation motor vehicle, and shall not be transferable to another vehicle. In the event an authorized ground transportation motor vehicle is sold, any authorizing decal affixed thereto shall cease to be valid. Every authorization decal shall expire at 11:59 p.m. on the last day of the quarter that the decal was issued.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4735, § 2, adopted 9-7-2005, eff. 10-7-2005; Ord. No. G-4878, § 1, adopted 3-21-2007, eff. 4-20-2007)
Sec. 4-69. Driver's identification card.
A. The driver of any ground transportation motor vehicle, except a bus, must have a valid driver's identification card or a valid temporary driver's identification card issued by the Aviation Department and shall display the valid driver's identification card or valid temporary driver's identification card inside the vehicle as directed by the Aviation Director.
B. A driver of a ground transportation motor vehicle shall not engage in the business of picking up passengers or engage in other commercial activity at the airport without a valid driver's identification card or valid temporary driver's identification card issued by the Aviation Department.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4735, § 3, adopted 9-7-2005, eff. 10-7-2005; Ord. No. G-4763, § 1, adopted 12-14-2005, eff. 1-13-2006; Ord. No. G-5033, § 1, adopted 12-5-2007, eff. 1-4-2008)
Sec. 4-70. Commercial ground transportation; permit required; application; expiration.
A. A commercial parking lot facility, hotel/motel, or off-airport rental car company shall not engage, or permit anyone on its behalf to engage, in the business of picking up passengers or engage in other commercial activity at the airport without a valid commercial ground transportation permit in accordance with this section.
B. An owner or driver of a commercial ground transportation motor vehicle shall not engage in the business of picking up passenger(s) at the airport without a valid commercial ground transportation permit in accordance with this section.
C. An applicant for commercial ground transportation permit shall complete an application form provided by the Aviation Director and shall provide such information and certifications deemed necessary by the Aviation Director, including, but not limited to:
1. The name and address of the applicant.
2. A description of the motor vehicle(s) to be used.
3. An appropriate certificate of automobile liability insurance with at least the minimum amounts of coverage required by Arizona law for the vehicle category, including an endorsement thereon that names the City of Phoenix, its officers, officials, agents, employees and volunteers as "additional insureds."
4. An indemnification agreement in favor of the City of Phoenix.
5. A statement of whether the described motor vehicle(s) will be operated on a scheduled or unscheduled basis.
6. A certification that all statements of the applicant are true and complete, and an acknowledgment that any falsification or material omission shall cause the permit to be void.
7. A statement that the applicant complies with the Americans With Disabilities Act, 42 U.S.C. Secs. 12101 et seq., plus all applicable federal, state, and local laws.
D. An applicant shall pay the commercial ground transportation permit fees that are assessed by the City Council, including any fees that would have been payable for any period of operation prior to the date of permit application or renewal.
E. AVI Tags:
1. A commercial ground transportation motor vehicle permit will not be issued to the following ground transportation motor vehicles unless an AVI tag is obtained from the Aviation Department:
a. Unscheduled taxicabs.
b. Unscheduled contracted limousines.
c. Charter bus.
d. Courtesy vehicle.
e. Intercity ground transporter vehicle.
f. Time-scheduled van service vehicle.
g. V.I.P. vehicle.
2. An owner of a commercial ground transportation motor vehicle that is equipped with an AVI tag shall pay the AVI tag fees that are assessed in Section 4-78.
F. Holders of a commercial ground transportation permit may apply for renewal no sooner than thirty days prior to the expiration date.
G. A commercial ground transportation permit shall not be construed to be a contract, agreement or grant of a franchise or any property right to engage in commercial activity at an airport and is revocable.
H. A commercial ground transportation company requesting reconsideration of the Aviation Director's decision to deny or revoke their permit shall have fourteen calendar days after date of service of notice if personally served, or twenty-one calendar days from the date of mailing by certified mail at the last known address submitted to the Aviation Department, to request reconsideration by the Aviation Director. The request for reconsideration of the denial or revocation of a permit must be in writing and must state the specific allegations in the Aviation Director's decision with which the commercial ground transportation company disagrees. The request for reconsideration must be personally delivered to the Aviation Director or deposited in the United States Mail, certified, return receipt requested, postage prepaid, addressed to the Office of the Aviation Director, within the above-stated time. The Aviation Director shall notify the commercial ground transportation company in writing of the Aviation Director's final decision within five business days after the request for reconsideration is received.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4735, § 4, adopted 9-7-2005, eff. 10-7-2005; Ord. No. G-4763, § 2, adopted 12-14-2005, eff. 1-13-2006; Ord. No. G-4862, § 2, adopted 1-31-2007, eff. 3-2-2007; Ord. No. G-4878, § 1, adopted 3-21-2007, eff. 4-20-2007; Ord. No. G-4944, § 1, adopted 8-29-2007, eff. 9-28-2007)
Sec. 4-71. Rules and regulations.
The Aviation Director may promulgate such rules and regulations deemed by him necessary to make safe, efficient and orderly the operation of ground transportation motor vehicles on City of Phoenix airports.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4735, § 5, adopted 9-7-2005, eff. 10-7-2005)
Sec. 4-72. Compliance.
A. Any ground transportation motor vehicle operated on an airport shall be at all times in compliance with all federal, State and local laws, statutes and ordinances pertaining to its operation as a commercial motor vehicle, including the safety regulations as they are applicable to a vehicle type.
B. Any commercial ground transportation permittee or driver of a commercial ground transportation motor vehicle shall, at all times, be in compliance with all laws and regulations applicable to such permittee's or driver's commercial activities on an airport.
C. A commercial ground transportation permittee shall be responsible, and liable, for violations of law, statutes or regulations by any person acting under the color and authority of such permittee.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4735, § 6, adopted 9-7-2005, eff. 10-7-2005)
Sec. 4-73. Driver's identification cards issued.
A. No driver of a ground transportation vehicle may engage in the business of picking up passenger(s) at the airport without first obtaining and displaying a valid driver's identification card or valid temporary driver's identification card in accordance with this Section.
B. An applicant for a driver's identification card shall complete an application provided by the Aviation Department and shall provide such information and certifications deemed necessary by the Aviation Director, including:
1. The name and address of the applicant.
2. One full set of fingerprints obtained by the Aviation Director.
3. The name and address of the authorized signer of the commercial ground transportation company the driver will be representing while driving at the airport.
4. Proof of a valid driver's license issued by the Arizona Department of Motor Vehicles.
5. Documents that establish identity, employment eligibility and citizenship status in accordance with 49 Code of Federal Regulations Part 1542, and other Department of Homeland Security Transportation Security Administration (TSA) requirements, including security directives.
6. Authorization from the TSA in compliance with the requirements of the security threat assessment.
7. A certification that all statements of the applicant are true and complete, and an acknowledgment that any falsification or omission shall cause the driver's identification card to be void.
C. A driver's identification card may not be issued until the applicant has completed the application, certifications, and criminal history records check, and applicant is not an individual that would be disqualified as set forth in 49 Code of Federal Regulations Part 1542.
D. The application fee for obtaining fingerprints is in an amount not to exceed $53.00, as set forth by the Aviation Department. The City Controller is authorized to remit a portion of any application fee to the agency or company processing fingerprints.
E. The Aviation Department shall submit or electronically transmit all completed fingerprint cards to the Department of Public Safety, appropriate federal agency, or other authorized agency or contractor to conduct a criminal history records check. The applicant shall bear the cost of conducting the criminal history records check as set forth in Subsection D. Criminal history records checks shall be conducted pursuant to Section 41-1750, Arizona Revised Statutes, and Public Law 92-544, as amended. The Department of Public Safety is authorized to exchange the submitted fingerprint card information with the Federal Bureau of Investigation for a national criminal history records check.
F. The Aviation Director may issue a temporary driver's identification card valid for forty-five (45) days. A driver shall not apply for a temporary driver's identification card more than once. An applicant for a temporary driver's identification card shall complete an application provided by the Aviation Department and shall provide such information and certifications deemed necessary by the Aviation Director, including:
1. The name and address of the applicant.
2. The name and address of the authorized signer of the commercial ground transportation company the driver will be representing while driving at the airport.
3. Authorization from the TSA in compliance with the requirements of a security threat assessment.
4. Proof of a valid driver's license issued by any State Department of Motor Vehicles.
5. Documents that establish identity, employment eligibility and citizenship status in accordance with 49 Code of Federal Regulations Part 1542, and other TSA requirments, including security directives.
6. One full set of fingerprints.
7. A certification that all statements of the applicant are true and complete, and an acknowledgment that any falsification or omission shall cause the temporary driver's identification card to be void.
G. The Aviation Director may immediately revoke the driver's identification card or temporary driver's identification card under this Section when the individual is no longer a driver of the ground transportation company identified on the driver's application, if a criminal history background check reveals that the driver would be disqualified as set forth in 49 Code of Federal Regulations Part 1542, or if directed by the TSA. The Aviation Director may immediately revoke a driver's identification card or temporary driver's identification card for any violation of law, Federal or State rule or regulation, or airport rule, or for failing to maintain custody of the driver's identification card or temporary driver's identification card.
H. An individual requesting reconsideration of the Aviation Director's decision to deny or revoke their driver's identification card shall have fourteen calendar days after date of service of notice if personally served, or twenty-one calendar days from the date of mailing by certified mail at the last known address submitted to the Aviation Department, to request reconsideration by the Aviation Director. The request for reconsideration of the denial or revocation of a driver's identification card shall be in writing and shall state the specific allegations in the Aviation Director's decision with which the driver disagrees. The request for reconsideration must be personally delivered to the Aviation Director or deposited in the United States mail, certified, return receipt requested, postage prepaid, addressed to the Office of the Aviation Director, within the above-stated time. The Aviation Director shall notify the individual in writing of the Aviation Director's final decision within five business days after the request for reconsideration is received.
I. A driver may not request reconsideration from the City of Phoenix of a decision to deny or revoke a temporary driver's identification card.
J. A driver's identification card or temporary driver's identification card shall not be construed to be a contract, agreement or grant of a franchise or any property right to engage in commercial activity at an airport and is revocable.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4763, § 3, adopted 12-14-2005, eff. 1-13-2006; Ord. No. G-4878, § 1, adopted 3-21-2007, eff. 4-20-2007; Ord. No. G-5033, § 2, adopted 12-5-2007, eff. 1-4-2008)
Sec. 4-74. Reserved.
Editor's note: Ord. No. G-4763, § 4, adopted Dec. 14, 2005, effective Jan. 13, 2006, repealed § 4-74 in its entirety. Formerly, said section pertained to termination by City Council and derived from Ord. No. G-4116, § 2, adopted 9-2-1998, eff. 10-2-1998.
Sec. 4-75. Termination of operating privileges; application for reinstatement; effect of termination.
A. When reasonable grounds exist to believe that a commercial ground transportation permittee or a driver has by commission or omission, violated a provision of this Article, or any regulation promulgated in connection therewith, the Aviation Director may issue a notice of violation with a proposed penalty. Upon receipt of a notice of violation with a proposed penalty, a commercial ground transportation permittee or driver may request a review by a supervisor as prescribed by the rules and regulations promulgated by the Aviation Director. The request for a review by a supervisor must be requested within two hours of receipt of the notice of violation with the proposed penalty. If a review by a supervisor is not requested or the proposed penalty is deemed appropriate by the reviewing supervisor, the Aviation Director may suspend for a period of time not to exceed one hundred eighty calendar days or revoke the decal, permit or identification card of the violator by giving to such violator a notice of penalty. All revocations will take place immediately. Suspensions in excess of five days will automatically be stayed upon the filing of an appeal.
B. The decision to issue a notice of penalty with a penalty that imposes a suspension of five days or less is final.
C. Any party aggrieved by a decision of the Aviation Director that has a penalty imposed greater than a suspension of five days or revocation may, within ten calendar days of receipt of the notice of penalty, appeal by filing a notice of appeal with the Hearing Officer so designated by the City Manager.
D. The notice of appeal shall set forth the specific objections to the notice of penalty. The objections form the basis of the appeal.
E. The Hearing Officer shall set a time and place for the hearing as soon as practicable, but no later than fifteen business days after receipt of the notice of appeal.
F. The hearing shall be conducted in an informal manner to determine whether there is a sufficient factual and legal basis to support the notice of penalty. The Hearing Officer shall not be bound by the technical rules of evidence in the conduct of such hearings, provided that the decision of the Hearing Officer shall in all cases be based upon substantial and reliable evidence. All parties to the hearing shall have the right to present evidence. The burden of proof shall be at all times upon the party or parties appealing the notice of penalty.
G. The decision of the Hearing Officer shall be rendered within fifteen business days after close of the record and shall be based upon the evidence presented and it shall:
1. Affirm the notice of penalty;
2. Modify the notice of penalty; or,
3. Reverse the notice of penalty.
H. The decision of the Hearing Officer is final.
I. No person whose conduct by commission or omission was responsible for the revocation of a permit, decal or driver identification card shall be eligible to apply for an airport commercial ground transportation permit, vehicle decal or driver identification card.
J. It shall be unlawful to continue to operate on the airport during the period of time a suspension or revocation of a permit, decal, or driver identification card is in place.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 4, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4735, § 7, adopted 9-7-2005, eff. 10-7-2005)
Sec. 4-76. Motor vehicle equipment safety violations.
A. The Aviation Director shall issue a notice of penalty prohibiting the use of the authorization decal for any ground transportation motor vehicle that is in violation of the safety regulations with respect to requirements for tires, steering components, brakes, lights or windshield.
B. Upon correction of the deficiency, the owner may apply for reinstatement of an authorization decal.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 4.1, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4735, § 8, adopted 9-7-2005, eff. 10-7-2005)
Sec. 4-77. Prohibited acts.
A. A violation through act or omission of any of the following requirements or restrictions of this subsection is prohibited.
1. All ground transportation motor vehicles shall be parked on an airport only in areas designated for its class of vehicle as posted by the Aviation Director.
2. Drivers shall load passengers only in designated loading zones posted by the Aviation Director for such activity.
3. Ground transportation motor vehicles shall be attended by the driver while in a loading zone AT an airport. The Aviation Director may prescribe rules to define the term "attended" for purposes of this subsection.
4. A driver shall not stop, stand or park an unscheduled ground transportation motor vehicle on an airport while loading a passenger(s):
a. Without displaying in a manner prescribed in rules promulgated by the Aviation Director information informing prospective and committed passengers of:
i. the fares to be charged the passenger(s);
ii. the name and business address of the driver, and of the permittee, if different;
iii. how, and where to lodge a complaint; and
iv. such other information as may be specified by the Aviation Director
5. A taxicab shall not be parked in a posted loading zone on an airport while loading a passenger(s) without:
a. Having a properly installed, approved and sealed taxicab meter that is correctly set to calculate the fare or rate displayed on the outside of the vehicle; and
b. Having a roof or top sign mounted on the vehicle which readily identifies the vehicle as a taxicab.
6. A driver or owner shall not solicit passengers for hire at the airport, except as authorized by the Aviation Director by written agreement designating specific locations and conditions for such activity. Except as specially authorized by the Aviation Director, fare negotiations with passengers shall take place outside of the terminals and only in areas designated by the Aviation Director.
7. A permittee, driver, or owner shall charge only the fare prescribed in Section 4-83 A.(4), or the amount shown on the meter, if used, and displayed on and in the vehicle. V.I.P.S may charge the rate agreed upon in a specific agreement, in which case, no more than the rate contracted for with the passenger may be charged.
8. Failure of a driver to take the most direct and rapid route to the passenger's destination unless otherwise directed by the passenger shall be unlawful.
9. A permittee or driver shall not engage in any physical fighting or loud, boisterous verbal disputes while at the airport or while transporting passengers from the airport.
10. A V.I.P. vehicle driver shall not stop or park within an airport except where designated by the Aviation Director without having a prearranged customer.
11. A V.I.P. vehicle driver shall provide the date, time, company, terminal, license plate, driver, airline, flight number, passenger name, and any other information requested by the Aviation Director in writing upon entering a terminal. Failure to provide the information in writing as directed shall be unlawful.
12. Failure to obtain and maintain a valid permit, decal, or driver identification card shall be unlawful.
13. Rental car companies shall use only the common transportation system, provided by the City, as the exclusive means to transport customers to and from the airport terminal zone.
Off airport rental car companies shall pick up and drop off passengers only at the curb position at the RCC designated for off-airport rental car companies.
The requirements in this subsection 14 do not apply to handicapped services vehicles picking up customers with special needs or to rental car customers renting from a facility located in space subleased from a fixed base operator.
14. Loading and unloading at the curb position at the RCC designated for off-airport rental car companies and at the curb positions for the common transportation system are governed by airport rules and regulations posted on the airport's website.
15. A driver shall not stop, stand or park a commercial ground transportation motor vehicle at Phoenix Sky Harbor International Airport while loading a passenger(s) unless the vehicle is properly equipped with an AVI tag if the vehicle is required to obtain an AVI tag.
B. The remedies herein are cumulative and the City may proceed under one or more such remedies.
1. A violation under subsection A, paragraphs 1, 2, or 3 shall constitute a civil traffic violation, subject to a civil sanction as provided in Section 36-156.02 of the Phoenix City Code.
2. Civil sanctions:
a. A violation under subsection A, paragraphs 4 through 15 is subject to a civil sanction of not less than one hundred dollars or more than two thousand five hundred dollars. A second violation under subsection A, paragraphs 4 through 15 within thirty-six months of the commission of a prior violation of subsection A, paragraphs 4 through 15 shall be subject to a civil sanction of not less than two hundred fifty dollars. A third violation under subsection A, paragraphs 4 through 15 within thirty-six months of the commission of a violation under subsection A, paragraphs 4 through 15 shall be subject to a civil sanction of not less than five hundred dollars.
b. The thirty six month period provision of subsection B, paragraph 2.a. shall be calculated by the dates the violations were committed. Any person shall receive the enhanced civil sanction upon a finding of responsibility for any violation under subsection A, paragraphs 4 through 15 which was committed within thirty-six months of the commission of another violation for which that person was convicted or found responsible, irrespective of the order in which the violations occurred or whether the prior violation was civil or criminal.
3. Criminal sanctions:
a. A violation of subsection A, paragraphs 4 through 15 shall be a criminal violation subject to the provisions of Section 4-80 of the Phoenix City Code.
b. Any person convicted of a violation of subsection A, paragraphs 4 through 15 shall be sentenced to a fine of not less than one hundred dollars. Any person who is convicted of a second violation of subsection A, paragraphs 4 through 15 committed within thirty-six months of a prior violation of subsection A, paragraphs 4 through 15 shall be subject to a fine of not less than two hundred fifty dollars. Any person who is convicted of a third or subsequent violation of subsection A, paragraphs 4 through 15 committed within thirty-six months of a prior violation of subsection A, paragraphs 4 through 15 shall be subject to a fine of not less than five hundred dollars.
c. The thirty six month period provision of subsection A, paragraphs 4 through 15 shall be calculated by the dates the violations were committed. The owner or responsible party shall receive the enhanced fine upon a conviction of any violation of subsection A, paragraphs 4 through 15 which was committed within thirty-six months of the commission of another violation for which owner or responsible party was found responsible or convicted, irrespective of the order in which the violations occurred or whether the prior violation was civil or criminal.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 5, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4735, § 9, adopted 9-7-2005, eff. 10-7-2005; Ord. No. G-4764, § 1, adopted 12-14-2005, eff. 1-26-2006; Ord. No. G-4862, § 3, adopted 1-31-2007, eff. 3-2-2007; Ord. No. G-4878, § 1, adopted 3-21-2007, eff. 4-20-2007)
Sec. 4-78. Fees.
A. The following schedule of fees is hereby established for the ground transportation motor vehicles:
VEHICLE CLASS TYPE OF FEE AMOUNT Bus (Charter) Per trip $2.00 Courtesy Vehicle Annual 400.00 Handicapped Services Vehicle Annual 100.00 Intercity Ground Transporter Annual 400.00 Off-Airport Rental Car Company Vehicle Monthly Per subsection F Time Scheduled Van Annual 1,000.00 Unscheduled– Contracted Limousine Annual Per subsection P Unscheduled– Taxicab Annual 200.00 V.I.P. Vehicle Annual 400.00 B. An annual fee per vehicle as established in subsection A shall be due and payable, prorated on a quarterly basis on January 1, April 1, July 1, and October 1 of each year or portion thereof that a vehicle is in service. A new vehicle placed in service for less than a calendar quarter shall be assessed a portion of the quarterly fee retroactive to the first day of the month that the vehicle was placed in service.
C. The Aviation Director may establish such other fees for temporary or daily use vehicle permits as he deems necessary for the safe, efficient and orderly operation of the airports.
D. Unscheduled taxicab and unscheduled contracted limousine owners shall collect a one dollar surcharge for each trip generated from Phoenix Sky Harbor International Airport, and shall remit such surcharge collected to the Aviation Department in the manner prescribed in rules promulgated by the Aviation Director.
E. AVI tag fees:
1. The Aviation Director shall set fees at the actual cost of the AVI tag for each vehicle requiring an AVI tag in an amount not to exceed twenty-one dollars ($21.00) for the following types of AVI tags:
A. The original AVI tag placed on the vehicle.
B. The replacement cost of the AVI tag if a transponder is lost, stolen or damaged.
2. The Aviation Director may require a refundable deposit at the actual cost of an AVI tag in an amount not to exceed twenty-one dollars ($21.00) for any ground transportation motor vehicle that obtains a temporary permit (to accommodate vehicle maintenance) and/or a daily permit (to supplement fleet size). The refundable deposit will be forfeited if an AVI tag is not returned to the City of Phoenix within thirty (30) days after a permit has expired.
F. Off-airport rental car companies and vehicle rental companies subleasing space from a fixed base operator shall pay, for the use of off-airport rental car company vehicles at the RCC, a fee of seven percent of the gross receipts received from that portion of the vehicle rental company's vehicle rental receipts derived from persons transported between the airport and such vehicle rental facility. The fees to be imposed at Phoenix Deer Valley Airport and Phoenix Goodyear Airport shall be commensurate in amount and application to identical fees imposed at Phoenix Sky Harbor International Airport as set forth in section G, below.
G. For purposes of computing gross receipts in this section Phoenix Sky Harbor International Airport, Phoenix Deer Valley Airport and Phoenix Goodyear Airport shall each be considered an independent operation, and the rental receipts derived from each airport shall be reported in accordance with the following:
1. Gross receipts includes all amounts received, billed (whether collected or not), delivered or realized by the off-airport rental car company, without deduction or offset, whether by cash, credit or otherwise related to the off-airport rental car company's vehicle rental concession as authorized by this article. All amounts are included in the definition of gross receipts unless specifically excluded as provided in subsection 2 below. In determining whether an amount is or is not included in gross receipts the burden of proof is on the off-airport rental car company and all exclusions in subsection 2 will be construed narrowly.
2. Gross receipts shall not include:
(A) Taxes– Any fee or other charge levied by federal, state, county or municipal government that is explicitly identified by the taxing authority as a tax levied on the customer and required by law to be separately stated.
(B) Customer facility charge– As defined in Phoenix City Code Section 4-79 when collected and remitted to the City.
(C) Sums received for loss, conversion, disposal or abandonment of the off-airport rental car company's vehicles, provided that the off-airport rental car company retains documentation from a third-party that establishes to the City's satisfaction that the loss, conversion, disposal or abandonment occurred, and that the sums received do not exceed the amount necessary to repair or replace the vehicle that was subject to the loss, conversion, disposal or abandonment.
H. No deductions shall be allowed from gross receipts for the payment of franchise fees or taxes levied on the off-airport rental car company's activities, facilities, equipment or real or personal property of the off-airport rental car company.
I. Each off-airport rental car company acknowledges that its payments to the City under this article are for the company use of the airport, and that those payments do not reflect a fee that is imposed by the City upon customers renting cars from the company. Each off-airport rental car company understands that the City does not support the practice of transferring the company obligation for payment of the fees due under this article to its customers. Except as provided under Section 4-79 of this article, each off-airport rental car company is prohibited from stating or implying, in writing or orally, that the City or airport imposes or approves of any direct charge to its customers, including any surcharge that the company passes on to its customers to recoup airport use fees. Each off-airport rental car company is prohibited from misrepresenting to the public its prices or the terms and provisions of its rental agreement or those of its competitors, either orally or in writing. If an off-airport rental car company separately states and imposes a fee recoupment charge, recovery fee, or surcharge on its customers, that charge shall be immediately adjacent to time and mileage charges on the customer's invoice and shall not be described as a tax.
J. Each off-airport rental car company shall report all income, both cash and credit, in its monthly gross receipts statement to the City.
K. All off-airport rental car companies shall keep true and accurate account records, books and data which shall, among other things, show all sales made and services performed for cash or credit or otherwise, without regard to whether paid or not, and also the gross sales of said business and the aggregate amount of all sales and services and orders, and of all of the off-airport rental car company's business conducted from the airport.
L. The City and its agents shall have the right, at all reasonable times and during all business hours, to inspect and examine such records, cash registers, books and other data as required to confirm the gross receipts as defined above.
M. Within ninety days after the end of each calendar year, the off-airport rental car company, at its sole expense, shall submit to the City a certified annual statement of gross receipts, prepared by an independent certified public accountant in accordance with the statement on auditing standards issued by the Standards Board of The American Institute of Certified Public Accountants ("AICPA Standards"), as the same may from time to time be amended or superceded:
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Annual Gross Receipts Annual Audit Statement $0.00– $999,999.00 File a written audit statement based on a review which indicates that nothing in the inquiries or analytical testing has caused the reviewer to determine that the off-airport rental car company's payment of the concession privilege fee was inaccurate. $1,000,000.00– Up File a written audit statement based upon an examination which contains an opinion that the concession privilege fees paid by the off-airport rental car company for the calendar year were made in accordance with the terms of this article. If the off-airport rental car company delivers a qualified opinion, an adverse opinion or a disclaimer of opinion as defined by the AICPA Standards, this shall constitute a failure to comply with the annual statement requirement. N. In the event of an overpayment or underpayment by the off-airport rental car company, an amount equal to such payment shall be promptly paid by, or credited to, the off-airport rental car company. If, through an audited statement, it is established that the off-airport rental car company overpaid the City, reimbursement will be conditioned upon the off-airport rental car company providing reasonable justifications for the overpayment that are satisfactory to the City.
O. Off-airport rental car company vehicle fees shall be paid in accordance with the following schedule:
1. All fees assessed pursuant to this section shall be paid on a monthly basis on or before the twentieth day of the month next succeeding the month in which the fee accrues, and payment shall be made with forms prescribed by the Aviation Director for reporting, computing and remitting said fees.
2. Fees shall be deemed delinquent and assessed a delinquent account fee in accordance with Section 4-7 of the Phoenix City Code.
P. Unscheduled contracted limousine annual permit fees shall be assessed and collected in accordance with the current service contracts between each contracted limousine owner and the City.
Q. The Aviation Director may, in his sole discretion, waive any or all of the fees assessed by this section at Phoenix Goodyear Airport or Phoenix Deer Valley Airport when he determines that it is not cost-effective to assess and collect such fees.
R. Failure to comply with the terms of this article or pay the fees as required may result in a non-renewal of the commercial ground transportation permit as provided in Section 4-70 of the Phoenix City Code or a suspension or revocation of the permittee's decal or permit as provided in Section 4-75 of the Phoenix City Code.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 6, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4375, § 1, passed 7-5-2001, eff. 8-4-2001; Ord. No. G-4418, §§ 1, 2, passed 4-3-2002, eff. 5-3-2002; Ord. No. G-4735, § 10, adopted 9-7-2005, eff. 10-7-2005; Ord. No. G-4764, § 1, adopted 12-14-2005, eff. 1-26-2006; Ord. No. G-4862, § 4, adopted 1-31-2007, eff. 3-2-2007; Ord. No. G-4878, § 1, adopted 3-21-2007, eff. 4-20-2007)
Sec. 4-79. Rental car customer facility charge.
A. Subject to the exception in subsection 4-79(B), all on-airport rental car companies who lease space at the Airport and all off-airport rental car companies who obtain customers at the Airport shall collect a daily customer facility charge ("CFC") of six dollars per transaction day per vehicle from all airport customers. A transaction day means a car rented for twenty-five or fewer hours for the first transaction day, and every twenty-four hours for each transaction day thereafter.
B. All CFC's collected by all vehicle rental companies are and shall be trust funds held by the vehicle rental companies for the benefit of the City. Vehicle rental companies and their agents hold only a possessory interest in the CFC's, and no legal or equitable interest. All vehicle rental companies shall segregate, separately account for and disclose all CFC's as trust funds in their financial statements, and shall maintain adequate records that account for all CFC's charged and collected. Failure to segregate the CFC's shall not alter or eliminate their trust fund nature. The City shall have the right to audit the CFC records upon reasonable notice.
C. All vehicle rental companies shall remit all CFC's that were collected or should have been collected from its airport customers on a monthly basis to the City together with the monthly statement of transactions and transaction days to a lockbox location designated by the City. The CFC's shall be remitted by the last day of the month following the month the CFC's were collected. Failure to strictly comply with this subparagraph shall be considered a material breach of the vehicle rental company's authorization to do business at the airport.
1. The CFC's shall be used to pay, or reimburse the City, for the costs associated with the RCC consolidated rental car facility which shall be located in Sky Harbor Center, and for the costs of related transportation facilities and equipment. Any or all of the CFC's may be pledged to the punctual payment of debt service on obligations issued by or on behalf of the City for the cost of the consolidated rental car facility RCC and related transportation facilities and equipment, and to create and maintain reasonable reserves. Eligible costs for the consolidated rental car facility RCC shall include all costs, fees, and expenses associated with the planning, design, equipping, construction, other related costs for the development or acquisition of the RCC consolidated car rental facility, and for capital improvements to the RCC. Eligible costs for the related transportation facilities and equipment shall include operating costs in addition to the foregoing costs. Any or all of the CFC's may be deposited with an eligible depository or held in trust by a trustee pending application as authorized by this Section.
D. The RCC consolidated rental car facility and related improvements are designated as "special purpose facilities" for purposes of Ordinance No. S-21974, as amended, Master Airport Revenue Refunding Bond Ordinance.
E. This Section is hereby adopted pursuant to the laws of the State of Arizona, including, without limitation, Arizona Constitution, Article XIII; Title 9 and Article 6, Chapter 25, Title 28, Arizona Revised Statutes, as amended; and the City of Phoenix Charter.
(Ord. No. G-4375, § 2, passed 7-5-2001, eff. 8-4-2001; Ord. No. G-4418, § 3, passed 4-3-2002, eff. 5-3-2002; Ord. No. G-4530, §§ 1, 2, passed 7-2-2003, eff. 8-1-2003; Ord. No. G-4764, § 1, adopted 12-14-2005, eff. 1-26-2006; Ord. No. G-5272, § 1, adopted 11-12-2008, eff. 12-12-2008)
Sec. 4-80. Penalties.
Except where otherwise specifically provided in this Article or Section 36-156.02 of the City Code, a violation of the requirements of this Article shall be deemed a Class 1 misdemeanor, and punishment therefore shall be as prescribed by the Phoenix City Code for Class 1 misdemeanors.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4375, § 3, passed 7-5-2001, eff. 8-4-2001)
Sec. 4-81. Exemptions.
Except for subsections 4-77A(1)(2) and (3), the requirements of this Article do not apply to a ground transportation motor vehicle owned and operated by the United States, the State of Arizona, or any political subdivision thereof or to any vehicle operated on an airport pursuant to a separate lease or permit with the City.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4375, § 3, passed 7-5-2001, eff. 8-4-2001; Ord. No. G-4735, § 11, adopted 9-7-2005, eff. 10-7-2005)
Editor's note: Former § 4-81 pertained to criminal history record information and was repealed by Ord. No. G-4360, § 7, passed 6-27-2001, eff. 7-27-2001. Subsequently, former §§ 4-79 and 4-80 were renumbered as §§ 4-80 and 4-81 by Ord. No. G-4375, § 3, passed July 5, 2001, eff. August 4, 2001. See the Code Comparative Table for a detailed analysis.
Sec. 4-82. Taxicab and limousine operating rights; unscheduled taxicab and limousine operators; effective dates of termination.
A. The Aviation Director may issue Phoenix Sky Harbor International Airport operating privileges for taxicab and limousine ground transportation motor vehicles only in accordance with subsection B of this section.
B. Operating privileges.
1. Unscheduled taxicab and limousine owners may obtain airport operating privileges pursuant to taxicab or limousine service contracts awarded by the Aviation Director on the basis of competitive bidding, requests for proposals or direct negotiations.
2. Taxicab and limousine service contracts may be awarded in such numbers and upon such terms and conditions as provide, in the judgment of the Aviation Director, an efficient number of taxicabs and limousines to serve the traveling public.
C. Except as provided in Section 4-83, in the event of a conflict between the provisions of this Article and the terms and conditions of specific taxicab or limousine service contracts entered into pursuant to this Article, the terms and conditions of said service contracts shall be controlling.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 8, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4735, § 12, adopted 9-7-2005, eff. 10-7-2005)
Sec. 4-83. Established fare rates for taxicabs and contracted limousines.
Maximum and minimum passenger fare rates for fares applicable to ground transportation categories departing from Phoenix Sky Harbor International Airport shall be as follows:
A. Unscheduled taxicab.
1. Subject to subsection 4 below, the taxicab fare per trip is five dollars for the first mile and two dollars and ten cents for each additional mile.
2. An owner may assess a traffic delay charge, in accordance with its service contract or rules and regulations promulgated as provided in this article, at a rate not to exceed twenty-one dollars per hour.
3. An additional one-dollar airport surcharge recoupment shall be collected for each trip.
4. Notwithstanding any other provision in this subsection, a minimum fare of fifteen dollars may be charged per trip from the airport.
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B. Unscheduled contracted limousines.
1. An owner shall not charge, or allow a charge of, a fare in excess of the following rates per trip from the airport:
FROM AIRPORT TO: RATES (1– 2 PASSENGERS) Zone A $35.00 Zone B $45.00 Zone C $55.00 Zone D $65.00 Zone E $75.00 Zone F $85.00 Additional passenger(s) $10.00/person 2. Zone boundaries: The geographic boundaries for each zone are identified below:
ZONE NORTH SOUTH WEST EAST A Camelback Road Beloat Road 19th Avenue Scottsdale Road B Shea Boulevard Pecos Road 59th Avenue Country Club Drive C Union Hills Drive Riggs Road 99th Avenue Val Vista Drive D Jomax Road Judd Road (Pinal) Litchfield Road Sossaman Road E Carefree Highway Smith-Enke Road (Pinal) Citrus Road Meridian Road F Honda Bow Road Peters & Nall Road / Highway 287 (Pinal) Rainbow Road Mountain View Road The map of these geographic boundaries is located in the Aviation Department Rules and Regulations available from the Aviation Department and posted on the website for Phoenix Sky Harbor International Airport.
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3. Additional-passenger rate: For purposes of these rates, an additional passenger is any passenger in addition to the first two passengers.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 9, passed 6-27-2001, eff. 7-27-2001; Ord. No. G-4617, § 1, adopted 6-16-2004, eff. 7-16-2004; Ord. No. G-4774, § 1, adopted 1-18-2006, eff. 2-17-2006; Ord. No. G-4878, § 1, adopted 3-21-2007, eff. 4-20-2007; Ord. No. G-5300, § 1, adopted 1-14-2009, eff. 2-13-2009)
Sec. 4-84. Definition; time scheduled van; operating rights; effective date of termination.
A. "Time-scheduled van service" means operation of a fleet of vans connected and controlled by radio dispatch to pick up and deliver to an airport one or more passengers from circumscribed sectors of a general service area, and to pick up arriving passengers for delivery to their curbside destinations when such passenger(s) have contracted, or made prior arrangements, for the service prior to the van arriving in said airport.
B. The Aviation Director shall issue operating privileges, including but not limited to, driver's permits and van authorizing decals, for time-scheduled van service on City airports only in accordance with subsection C.
C. Phoenix Sky Harbor International Airport shall be served by one time-scheduled van service, which shall be issued operating privileges in accordance with terms and conditions of an exclusive time-scheduled van service contract to be awarded from time to time by the Aviation Director on the basis of competitive bidding, requests for proposals or by direct negotiations.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4360, § 10, passed 6-27-2001, eff. 7-27-2001)
Cross references: Definitions and rules of construction generally, § 1-2.
Sec. 4-85. Intercity ground transporter operating rights.
A. Intercity ground transporters shall not provide transportation within a thirty-five-mile radius from Sky Harbor Airport.
B. The Aviation Director may issue a notice of violation and/or notice of penalty for failure to comply with all applicable sections of Phoenix City Code, , Article IV.
(Ord. No. G-4360, § 11, passed 6-27-2001, eff. 7-27-2001)
Sec. 4-86. Small operator parcel.
The Aviation Director may enter into month-to-month leases at the small operator parcel under such terms and conditions deemed necessary and convenient to the City.
(Ord. No. G-4764, § 2, adopted 12-14-2005, eff. 1-26-2006)
Secs. 4-87– 4-93. Reserved.
ARTICLE V.
SAFETY; ENVIRONMENTAL; FUELING*------------
Cross references: Fire prevention, ch. 15.
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Sec. 4-94. Fire equipment.
All tenants, permittees or licensees shall supply and maintain such adequate and readily accessible fire extinguishers as may be required by the City of Phoenix Fire Department.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-95. Storage and equipment.
No tenant, permittees or licensees on the airport shall store or stack materials or equipment in such a manner as to be unsightly or to constitute a hazard to personnel or property.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-96. Abandoning personal property.
No person shall abandon any personal property on the airport. Any personal property so abandoned shall be disposed of in the manner prescribed by applicable law. Abandoned property shall be subject to the recovery of applicable storage and/or transfer charges.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-97. Fire safety/storage.
A. Flammable and/or combustible liquids may only be stored in their original containers in such amounts as may be approved by the Aviation Director.
B. No person shall keep or store lubricating oils in or about the hangars, provided, however, that such materials may be kept in aircraft in the proper receptacles installed in the aircraft for such purposes or in containers provided with suitable draw-off devices, and stored only in such amounts and places as approved by the City of Phoenix Fire Department or the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-98. Entrance into restricted areas.
No person shall enter upon the aircraft movement area, or other restricted area of the airport, so designated by signs, without the express permission of the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-99. Sanitation/trash containers.
No person shall keep uncovered trash containers in any area of the airport. No vehicle used for hauling trash, dirt or any other materials shall be operated on the airport unless such vehicle is constructed so as to prevent the contents thereof from dropping, sifting, leaking, or otherwise escaping therefrom. Areas to be used for trash or garbage containers shall be designated by the Aviation Director and no other areas shall be used. Such areas shall be kept clean and sanitary at all times.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-100. Preservation of property.
No person shall destroy, injure, deface or disturb, in any way, any airport property.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-101. Interfering or tampering with aircraft.
No person shall interfere or tamper with any aircraft without permission of the owner or by specific direction of the Aviation Director.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-102. Cleaning and maintaining aircraft; written plan.
A. Cleaning, painting, washing, polishing of or otherwise maintaining aircraft shall be accomplished only in areas designated for that purpose by the Aviation Director and in compliance with environmental laws and the airport's best management practices.
B. All companies engaged in these activities shall submit a written plan for approval by the Director. The plan should include, at a minimum a materials safety data sheet for all chemicals being used and the procedure for their application and removal.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-103. Removal of gas, oil, grease or regulated substances.
In the event of spillage, discharge or dripping of gasoline, oil, grease, pollutant or any material which may be unsightly, detrimental or regulated under any environmental law, onto the pavement in any area at the airport, the same shall be removed immediately and reported to the Airport Environmental Coordinator in accordance with the Aviation Department stormwater enforcement and civil penalty policy. The responsibility for the immediate removal of such gasoline, oil, grease, or other material shall be assumed by the operator or owner of the aircraft or equipment causing the same or by the tenant or permittee responsible for the deposit on the pavement. Upon default of the responsible party to clean such area, the City may provide the necessary cleaning and bill the responsible party or parties for the expense thereof.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-104. Endangering persons or property.
No person in or upon the airport shall do or omit to do any act if the act or omission endangers or is likely to endanger persons or property.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-105. Smoking.
No person shall smoke or carry lighted cigars, cigarettes, pipes, matches or any open flame in or upon any place where smoking is specifically prohibited by signs.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-106. Explosives and other dangerous articles.
No person shall store, keep, handle, use, dispense, or transport at, in or upon the airport any unauthorized firearms, Class A or Class B explosives, any radioactive substances or material, flammables, incendiaries, substances that are regulated under any environmental laws, or any other material at any such time or place or in any manner or condition in violation of any law or so as to endanger or as to be likely to endanger persons or property.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-107. Reports to environmental agencies.
Airport tenants shall, at their own cost and expense, make all tests, reports, studies and provide all information to any appropriate governmental agency as may be required pursuant to environmental laws pertaining to the tenant's use of the premises. Additionally, the City shall have the right to access within ten days of the tenant's receipt of a written request, and to copy any and all records, test results, studies and/or other documentation, other than trade secrets, regarding the use, storage or treatment of regulated substances on or under the premises.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-108. Notification to Aviation Director.
Airport tenants shall immediately notify the Aviation Director of any of the following: (a) any correspondence or communication from any governmental agency regarding the application of environmental laws to the premises or use, of the premises; (b) changes in the tenant's use of the premises that has the potential of changing the tenant's or the City's obligations or liabilities under any environmental law and (c) any assertion of a claim or other occurrence for which the tenant may incur on obligation under this Article.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-109. Permits and approvals.
Airport tenants shall at their own expense obtain and comply with any permits or approvals that are required or may become required as a result of any use of the airport by the tenant, or the tenant's agents, employees, contractors, invitees and assigns.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-110. Waste.
Lessees of hangars or other aircraft servicing or maintenance buildings, terminal buildings or other areas shall provide suitable metal receptacles with self-closing covers for the storage of oily wastes, rags and other rubbish and trash. All waste within this general classification shall be removed by the lessees from the airport premises and at regular intervals as may be established by the Aviation Director. No petroleum products, pollutants or environmentally controlled or regulated substances shall be dumped or be permitted to drain into drainage ditches, canals, rivers, ponding areas or into sanitary sewer systems or storm drains.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-111. Bonding of electrical potential during fuel handling.
During all fuel handling operations in connection with any aircraft at the airport, the aircraft and the fuel dispensing or draining apparatus shall be bonded by cable to prevent the possibility of static ignition of volatile liquids.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-112. Storage of fuel trucks and fuel trailers.
Fuel trucks and refueling units shall be stored outside and not less than fifty feet from a building or such other distance as shall be approved by the Aviation Director except for the accomplishment of minor adjustments or repairs necessary to move such units to the storage area when failure occurs elsewhere on the airport. No fuel truck, or refueling unit, empty or otherwise, shall be brought into, kept, or stored within any building at the airport, unless said building is used exclusively for that purpose.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-113. Motorized equipment.
All equipment must be parked so that it may be readily driven or towed away from an aircraft in case of emergency.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-114. Fueling and defueling aircraft; fueling ground service equipment; flowage fee.
A. No aircraft shall be fueled or defueled on an airport except as authorized by the Aviation Director by written permit.
B. No ground service equipment operating on an airport shall be fueled except as authorized by the Aviation Director.
C. Issuance of fuel dispenser permits shall be restricted to fixed base operators under lease, aircraft owner self-fuelers, commercial fuel dispensers, and authorized providers of aircraft ground equipment services.
D. Except as provided in Subsection E below, there is hereby established a flowage fee of nine cents ($0.09) per gallon of fuel dispensed at the airport, subject to an annual CPI adjustment. The CPI adjustment shall reflect changes in the U.S. Department of Labor Revised Consumer Price Index (CPI) for all urban consumers, for the Phoenix-Mesa Metropolitan Area. The amount of each adjustment shall be determined by multiplying the fee by the percent of change in the Consumer Price Index.
E. Subsection D shall not apply to commercial air carriers or commercial air cargo carriers at Phoenix Sky Harbor International Airport that pay landing fees pursuant to Section 4-178, or to aircraft owner self-fuelers utilizing fuel dispensing equipment with capacity of 150 gallons or less. Aircraft owner self-fuelers utilizing fuel dispensing equipment with capacity of 150 gallons or less shall obtain a fuel handlers' card prior to commencement of fueling activities at the airport and shall comply with Aviation Department self-fueling rules and regulations.
F. An authorized fuel dispenser shall not be required to obtain a commercial use permit for fuel dispensing activity on an airport.
G. Fees shall be deemed delinquent and assessed a delinquent account fee in accordance with Section 4-7 of the Phoenix City Code.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4626, § 1, adopted 7-1- 2004, eff. (Retroactive to) 1-1-1998; Ord. No. G-4638, § 1, adopted 9-8-2004, eff. 10-8-2004; Ord. No. G-4734, § 1, adopted 9-7-2005, eff. 10-7-2005; Ord. No. G-4986, adopted 10-3-2007, eff. 11-2-2007)
Sec. 4-115. Control during emergencies.
In the event of an emergency at the airport, the Aviation Director shall have absolute control of the airport.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-116. Compliance with environmental laws.
Lessees, licensees and permittees shall fully comply with all applicable environmental laws and the Aviation Department stormwater enforcement and civil penalty policy and best management practices and shall not cause or permit any regulated substance to be used, generated, manufactured, produced, stored, brought upon or released on or under airport property or transported to or from airport property by employees or contractors in a manner that would violate any environmental law.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
State law references: Environment generally, A.R.S. § 49-101 et seq.
Sec. 4-117. Environmental actions.
If the presence of any regulated substance on or under a lessee's or licensee's premises results in any contamination or threatened contamination of the demised or adjacent area, the lessee or licensee shall promptly take all actions at its sole cost and expense to mitigate any immediate threat to health or the environment. Lessee or licensee shall then take such further action necessary to return the premises to the condition existing prior to the introduction of such regulated substances, provided that the City shall first approve such actions. The City's approval however, shall not be cause for the City to be liable for the lessee's or tenant's actions.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Secs. 4-118– 4-126. Reserved.
ARTICLE VI.
CONDUCT AT CITY AIRPORTS REQUIRING A PERMITSec. 4-127. Declaration of intent.
It is the intent of the Phoenix City Council to own, maintain and operate its airport facilities as public facilities dedicated to the safe, efficient and convenient movement of departing and arriving passengers and support activities directly related thereto and that said airport facilities be financially operated as a self-sustaining proprietary function. To that end, the exercise of expressive activity at the City's airports shall be subject to regulation as provided in this Article.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-128. Prohibited acts.
The following conduct is prohibited within the interior public use area of a terminal if conducted by a person to or with passersby in a continuous or repetitive manner:
(A) The sale or distribution of any merchandise, including but not limited to, jewelry, food stuffs, candles, flowers, badges and clothing;
(B) Solicitations and receipt of funds.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Cross references: Aggressive solicitation in public areas, § 23-7.
Sec. 4-129. Peripatetic noncommercial expressive activity.
Any person or organization desiring to use the City-operated airports for the purpose of noncommercial peripatetic expressive activity such as picketing, distributing literature, displaying signs, and soliciting of contributions except as otherwise prohibited in Section 4-128 shall be permitted to do so providing such activities do not result in impairing or interfering with the operational functions of the airports and further provided that such activities are in compliance with City Code provisions. The following provisions are hereby declared to be necessary for the accomplishment of the following:
A. To insure that persons seeking to engage in noncommercial peripatetic expressive activity may reasonably do so upon the premises of City-operated airports;
B. To restrict such activities to certain public use areas of City-operated airports;
C. To protect all persons using the airports from being subjected to unreasonable contacts by any person or organizations seeking to exercise such rights;
D. To insure the free and orderly flow of pedestrian traffic through the airport premises; and
E. To insure the efficient and safe operations of the airports;
F. Nothing in this Article VI shall be construed to mean that the airport premises are a traditional public forum or a designated public forum. Such public forum status is hereby expressly rejected by the City.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-130. Permit required.
No group of four or more persons shall congregate within any terminal of an airport to engage in activity as described in Section 4-129, without a permit which shall be obtained by making written application to the Aviation Director of their intent to do so at least three business days prior to the date contemplated for commencing such activities.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-131. Contents of application for permit.
The written application shall contain:
A. The full name, mailing address (other than post office box number), [and] telephone number of the person making the written application, and, if he is a member of an organization which is sponsoring, conducting, or promoting the activity, the full name, mailing address (other than post office box number), and telephone number of the organization and a responsible officer or agent thereof, and the names and addresses of all members of the organization who will be engaging in the permitted activities at the airports.
B. The purpose or subject matter of the literature, picketing, sign display, solicitation or other means of communication or expression;
C. A description of the proposed activity;
D. The date, hour, and anticipated duration of such activity;
E. The number of persons planning to participate in such activity at any one time.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-132. Issuance and denial of permits.
A. The permit or permits shall be issued promptly within three days following receipt of application by the Aviation Director, or the applicant shall be furnished a written statement indicating why the issuance of the permit or permits will be delayed or why the permit or permits are denied.
B. An applicant shall be denied a permit if the applicant has not fully complied with the disclosure provisions as provided in Section 4-131.
C. An applicant shall be denied a permit if the proposed activity stated in the application for which the permit is requested is commercial and subject to other licensing and or leasing provisions regulating business activity at City airports.
D. Any denial of a permit for activity permitted in Section 4-129 by the Aviation Director, or his designated representative, shall be subject to the notice requirement as provided in Section 4-135.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-133. Multiple applications– Limitations.
In the event that more than one application for a permit to engage in the activities described in Section 4-129 is received by the Aviation Director for the same or overlapping time period or that said activity is simultaneously being conducted by a total of four or more people within any one terminal building, the Aviation Director shall allocate space within the public use area available for such activities dividing, if possible, the areas available equally between applicants. Choice of areas available shall be afforded to applicants in accordance with the time at which their written application was received by the Aviation Director. Such allocation of space shall impose on all persons or organizations limitations as to dates or hours or numbers of participants as reasonably may be required to provide fair and equitable opportunities for all.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-134. General restrictions.
A. All persons shall conduct their proposed activities as described in Section 4-129 in or upon the public use areas of the airports with the number of persons allowed and at such time as set forth in their permits, if applicable, and as otherwise may be prescribed from time to time by the Aviation Director. However, any restrictions shall be both reasonable and appropriate and prescribed only after a fact-finding investigation and determination by the Aviation Director that the restrictions are necessary to avoid injury to persons or to property or to assure the safe and orderly use of the airport facilities by the public.
B. No more than the indicated number of persons set forth pursuant to Section 4-131(E) shall be allowed to engage in the activities permitted or as otherwise restricted by the Aviation Director pursuant to subsection A above.
C. All activities as defined in Section 4-129 shall be conducted only in or upon those airport premises which are open to the general public for common use, except as hereinafter set forth and shall not intrude upon nor take place within ten feet from any location or area reserved to a particular use, such as baggage areas, security checkpoints, offices, ticket sales counters, restaurants or any areas devoted to business enterprise. Nor shall the permitted activities be conducted within twenty feet of a centerline between the entrance to the sterile concourse on the south and the central front door on the north in Terminal 2 of Phoenix Sky Harbor International Airport.
D. The sterile concourse of Phoenix Sky Harbor International Airport is a public use area for which conduct requiring a permit under these Code provisions is prohibited for the following reasons:
1. The concourse is a conduit for rapid moving pedestrian traffic enplaning and/or deplaning; and
2. Security requirements resulting from bomb and highjacking threats dictate the need for absolute control of the rapid and free flow of pedestrian traffic.
3. As used in this subsection the term "sterile concourse" shall mean all portions of Terminal Buildings 2, 3 and 4 beyond the security checkpoint areas, to and including the aircraft boarding holding areas and jetways.
E. No person shall use sound or voice amplification systems, musical instruments, radio communication systems, or other mechanical sound devices or donation boxes or vending machines while conducting permitted activities.
F. No person, while engaging in any activities, as defined in Section 4-129 shall prevent or interfere with free movement of pedestrian traffic within the airports, nor shall such persons in any manner assail, coerce, threaten, or physically disturb any other person or persons.
G. Notwithstanding any provisions of this section to the contrary, the general restrictions contained in this section shall apply only to the permitted activity as authorized in Section 4-129 of this Article.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-135. Revocation or denial of permit.
Permits will be revoked or denied by the Aviation Director when he has evidence that a permittee has violated any condition of the permit. Notice of revocation or denial of a permit shall be in writing supported by a statement of facts and witnesses, and personally served on permittee or applicant or by certified mail, return receipt requested. The aggrieved party shall have seven days from receipt of service to request a hearing before the City Manager or his designee. If requested, a hearing will be conducted as soon as reasonably practicable.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-136. Penalties.
It shall be unlawful for any person to violate any of the foregoing Code provisions and any person so doing shall be guilty of a Class 1 misdemeanor.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-137. Administrative rules and regulations.
The Aviation Director may make such reasonable and viewpoint neutral administrative rules and regulations as deemed necessary to effectuate the purpose and intent of this Article.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-138. Newsrack vending machines– Definitions; findings; permit required; locations; type; rental fees; sanctions and appeal; rights.
A. Definitions. As used in this section the following words shall be defined as follows:
1. City newsrack structure means the fixture constructed by the City of Phoenix to contain multiple newsrack vending machines.
2. Fee adjustment means the annual adjustment to the yearly fee to reflect changes in the U.S. Department of Labor Revised Consumer Price Index (CPI) for all urban consumers, for the Phoenix-Mesa Metropolitan Area. The amount of each adjustment will be determined by multiplying the fee by the percent of change in the Consumer Price Index.
3. Newsrack vending machine means an enclosed newspaper dispensing box in which a single newspaper publication is sold or distributed.
4. Permittee means the person signing the permit on behalf of a publication.
5. Publication includes newspapers with different editions. In the event a newspaper has different editions, only one edition may be placed in the City newsrack structure unless no other publication has requested to be placed in the City newsrack structure.
6. Terminal buildings means the passenger terminal buildings at Phoenix Sky Harbor International Airport, and perimeter and connecting sidewalks and parking facilities ancillary thereto, and the main lobby and concession areas of the terminals at Phoenix Goodyear Airport and Phoenix Deer Valley Airport.
B. Findings. The City of Phoenix finds and declares that the uncontrolled placement and maintenance of newsrack vending machines and the proliferation of such devices within an air terminal would unreasonably interfere with the public in its use of said areas, create an aesthetically displeasing environment, constitute a safety hazard and adversely impact airport revenues. The City further finds that the distribution of newspapers through newsrack vending machines should, however, be accommodated by the imposition of reasonable content and viewpoint neutral time, place and manner regulations as provided in this section.
C. Permit required. Placement of newsrack vending machines at an air terminal without a permit issued pursuant to this section or after a permit has expired is prohibited. Permits must be renewed annually.
1. Permits shall require approval by the Aviation Director and shall be issued within three business days upon application made to, and on forms approved by, the Aviation Director unless specifically denied due to a lack of space or failure to pay the appropriate fee. Any appeal from this decision must be in writing and in accordance with Section I.
2. Applications to renew a permit shall be filed by November 1 of each year along with the required fees. Permits shall be renewed on January 1 of each year upon approval by the Aviation Director unless specifically denied due to a lack of space for more than one newsrack vending machine for a publication in the City newsrack structure; failure to pay the appropriate fee; or a violation of any previous permit. The Aviation Director shall issue any denial of this application in writing by November 15 of each year. Any appeal from this decision must be in writing and in accordance with Section I.
3. The application shall identify the permittee, the number and proposed location of the newsrack vending machines requested and contain proof of insurance or self-insurance covering the permittee's activity in maintaining, operating and servicing the newsrack vending machines requested with insurance coverage limits for comprehensive general liability as set forth in the permit.
4. The City of Phoenix, its agents, servants and employees shall be named as an additional insured on any certificate of insurance submitted pursuant to this section.
5. The application shall also contain provisions indemnifying the City of Phoenix for any liability arising out of the permittee's negligence in maintaining, operating or servicing said newsrack vending machines.
6. Upon issuance of a permit by the Aviation Director, the permittee shall pay the City an annual rental fee of fifty dollars per newsrack vending machine. at the beginning of each year, this fee shall be subject to the fee adjustment.
7. Only one newsrack vending machine may be placed by a publication in each of the City newsrack structures unless space remains for newsrack vending machines that no other publication has requested and received permission to use. The available remaining space shall be allocated as described in [sub]section 8 below.
8. Upon issuance of a permit, the Aviation Director shall allow permittee's to select specific spaces for the placement of their newsracks within the City newsrack structure.
a. Priority in selecting specific spaces shall be based on the following content and viewpoint neutral criteria:
i. The publication that commits to place the largest number of newsrack vending machines in City newsrack structures; or
ii. If two or more publications request the same number of newsrack vending machines, priority between those publications will be granted to the publication that provides proof of higher circulation figures at Phoenix Sky Harbor International Airport. The proof of circulation shall be audited and verified by a third party, such as the Audit Bureau of Circulations.
b. If there are insufficient spaces available in a particular City newsrack structure to accommodate a publication, the Aviation Director shall ensure that publication is placed in a City newsrack structure within each air terminal.
D. Locations.
1. Newsrack vending machines are prohibited in any area on an airport except in an air terminal as outlined in this section. If a City newsrack structure is placed on an air terminal floor level, no other newsrack vending machine may be located outside of a City newsrack structure on that air terminal floor level.
2. If a City newsrack structure is not placed on an air terminal floor level, a newsrack vending machine may be placed, installed, used or maintained on that air terminal floor level but cannot be:
a. Bolted or fastened to the floor, walls or fixtures;
b. Other than with its back against a wall or permanent divider;
c. In front of art displays or that portion of wall space containing advertising or air carrier logo displays;
d. Located so as to obstruct any door, stairway, passageway, ventilation equipment, concession, telephone, paging assistance locators, emergency equipment or security operation;
e. Within a radius of twenty-five feet of an existing newsstand concession;
f. Within fifty feet of any newsrack vending machine on the same air terminal floor level regularly vending or distributing the same publication;
g. In any area that obstructs a view through a window; or
h. In any other areas where the newsrack vending machine seriously obstructs the flow of pedestrian traffic.
E. Temporary removal. The City reserves the right to request the temporary removal of any newsrack vending machine for security reasons, for the proper maintenance of the air terminal or during construction projects to remodel the air terminal. Unless the temporary removal is immediately needed for security reasons, the City of Phoenix shall notify the newsrack vendor in writing of its request and the anticipated duration of the temporary removal. Upon receipt of written notice, the newsrack vending machine must be removed within forty-eight hours. The City reserves the right to remove the newsrack vending machine for security reasons or if it is not removed after forty-eight hours.
F. Inspections. Permittee's shall participate in quarterly inspections of the newsrack vending machines at Phoenix Sky Harbor International Airport with Aviation Department Personnel to ensure that the newsracks comply with the requirements of this section.
G. Type. In order to maintain an aesthetically pleasing air terminal environment the City of Phoenix finds it necessary to establish uniform design standards for newsrack vending machines, as follows:
1. All newsrack vending machines shall be of a rectangular shape. The dimensions shall be seventeen and one-half inches in height, seventeen and three-sixteenths inches front to back and twenty-four and one-eighth inches in width.
2. The paintable surface area of each exposed surface of the newsrack vending machine shall be of a single, neutral color chosen by the Aviation Director to blend into the existing decor.
3. The front portion of the newsrack vending machine may contain the publication's logo and/or name in no more than three additional colors to be chosen by the newspaper vendor.
4. All newsrack vending machines shall have a lock assembly that may be opened by Airport Security Personnel in the event of an emergency. The following lock assemblies are required:
a. SR-716-TK Door-Lock Assembly Kit with CO2R Changeover Lock, for TK-100 Newsrack Vending Machines;
b. SR-155-K Door-Lock Assembly Kit with CO2R Changeover Lock, for K-100 Newsrack Vending Machines.
5. The newsrack vending machine, including any coin mechanism, must be provided, maintained in good repair, be kept clean, clear of spilled liquids, dirt and other debris, and regularly stocked all at the expense and responsibility of the permittee. The City shall maintain the City newsrack structure in good repair, and keep it clean, and clear of spilled liquids, dirt and other debris.
6. The uniform dimensions, color and style requirements of this subsection shall not be enforced until the expiration of ninety days from the effective date of this subsection.
7. If the newsrack vending machine is not placed in a City newsrack structure, it must have a stable base.
H. Sanctions.
1. Any permittee placing a newsrack vending machine at an air terminal in violation of the provisions of this section shall be notified of the specific violation and shall cure or appeal the violation as alleged in accordance with Section I below. A newsrack vending machine shall be summarily removed only if:
a. It constitutes an imminent pedestrian traffic hazard;
b. It was placed at an airport without a permit;
c. It was not removed within three days of the expiration of a permit;
d. It was not removed within forty-eight hours of the City's request or;
e. At the direction of either the Federal or State Department of Homeland Security because it poses an imminent threat to airport security.
2. The permittee of a newsrack vending machine that has been summarily removed, shall be notified of the removal of the newsrack vending machine within one business day through a notice of violation. A notice of violation shall be considered served when mailed by regular or certified mail to the permittee.
3. If the permittee does not cure or appeal the violation in accordance with Section I, the newsrack vending machine may be impounded by the City. The permittee or owner (in the event a permit was not obtained), if known, shall be notified of the impoundment and may reclaim the newsrack vending machine. An impoundment fee of twenty dollars shall be assessed together with accruing charges of one dollar per day on and after the fifth day of impoundment. The impoundment fee does not have to be paid before the permittee or owner may claim the newsrack vending machine.
I. Appeal rights. To appeal a notice of violation, the summary removal of a newsrack vending machine, the denial of a permit, or the denial of an application to renew a permit, a permittee must file a written appeal with the Aviation Director within seven business days. If the permittee files an appeal, an administrative hearing shall be conducted by the Aviation Director, or a designee, upon seven business days' notice. Except in the case of a newsrack vending machine summarily removed, a newsrack vending machine that is properly permitted shall not be removed until the aggrieved party has had ten business days to make a judicial appeal from the service of the administrative hearing decision. The provisions of this subsection are in addition to any other restrictions or procedures as may be provided by law.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4780, § 1, adopted 2-15-2006, eff. 3-17-2006)
Cross references: Definitions and rules of construction generally, § 1-2.
Secs. 4-139– 4-148. Reserved.
ARTICLE VII.
MINIMUM STANDARDS AT AIRPORTS*------------
Editor's note: Ord. No. G-4648, § 1, adopted Oct. 13, 2004, effective Nov. 12, 2004, amended Ch. 4, Art. VII to read as herein set out. Formerly said article pertained to Minimum Standards, Phoenix Sky Harbor International Airport and derived from Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4519, § 1, passed 6-11-2003, eff. 7-11-2003.
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Sec. 4-149. Minimum standards established through rules and regulations.
The Aviation Director may promulgate such rules and regulations deemed necessary to make the operation of City of Phoenix airports safe, efficient and orderly and to establish and enforce minimum standards for persons seeking to provide aeronautical services or to engage in aeronautical activities at an airport.
(Ord. No. G-4648, § 1, adopted 10-13-04, eff. 11-12-04)
Secs. 4-150– 4-159. Reserved.
ARTICLE VIII.
MINIMUM STANDARDS FEES*------------
Editor's note: Ord. No. G-4648, § 2, amended Ch. 4, Article VIII, to read as herein set out. Formerly said article pertained to Minimum Standards, Phoenix Deer Valley Airport and derived from Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998.
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Sec. 4-160. Minimum standards fees.
A. There is hereby imposed a fee for the purpose of defraying the cost of reviewing activities associated with minimum standards for aeronautical activity at an airport that result in increased usage and demands on the City's airport system and to help ensure that the airport is self-sustaining.
B. The Aviation Director shall set fees for reviewing activities associated with minimum standards as follows:
1. Self-fueling annual fee: not to exceed $100.00.
2. The annual fee shall be five hundred dollars for:
a. Independent maintenance operators.
b. Independent avionics and independent instrument maintenance operators.
c. Sightseeing flight operators.
d. Aircraft sales operators.
3. For flight training operators:
a. Beginning January 1, 2009, the fee shall be one dollar for every student flight hour.
b. Beginning January 1, 2010, the fee shall be two dollars for every student flight hour.
c. Beginning January 1, 2011 and each year thereafter, the two dollar fee will be adjusted annually according to the Phoenix-Mesa Consumer Price Index.
d. Flight training operators shall submit flight hour reports and payments for the preceding month to the City of Phoenix on a monthly basis on or before the twentieth day of each month.
4. Flight charter operators and aircraft management operators shall pay as follows:
a. For aircraft twelve thousand five hundred pounds or less maximum gross landed weight, the fee shall be one hundred dollars.
b. For aircraft exceeding twelve thousand five hundred pounds maximum gross landed weight, the fee shall be two hundred fifty dollars.
c. On or before the twentieth day of each month, the operator shall submit a report of the number of its flights that landed at the airport during the preceding month, together with the name of each aircraft's manufacturer, type, and maximum allowable weight. On or before the twentieth day of the month, operator shall also submit the fee for the preceding month.
5. For all other Specialized Aviation Service Operators (SASOS), the annual fee shall be two percent of gross receipts. On or before the twentieth day of each month, the operator shall submit a monthly statement of gross receipts and the fee for the preceding month.
6. For the purpose of this section, gross receipts include all amounts received, billed (whether collected or not), delivered or realized, without deduction or offset, whether by cash, credit or otherwise, related to activities at the airport, including rents, service fees and sales. All amounts are included in the definition of gross receipts unless specifically excluded as provided below in Subsection 7. In determining whether an amount is or is not gross receipts the burden of proof is on the operator and the exclusion in Subsection 7 will be construed narrowly.
7. Gross receipts shall not include the cost for fuel for which the operator has paid fuel flowage as required in the Phoenix City Code.
(Ord. No. G-4648, § 2, adopted 10-13-2004, eff. 11-12-2004; Ord. No. G-5248, § 1, adopted 10-8-2008, eff. 11-7-2008)
Secs. 4-161– 4-171. Reserved.
ARTICLE IX.
RATES AND CHARGESSec. 4-172. Rates and charges.
A. Rates and charges for use of facilities at Phoenix Sky Harbor International Airport shall be assessed in accordance with the classifications of "private" or "commercial" aircraft, as defined in subsections B and C. Final determination of category designation of any aircraft shall be made by the Aviation Director.
B. "Private aircraft" means:
1. Privately owned aircraft operated noncommercially by its registered owner(s); or
2. Privately owned aircraft when used by persons other than the registered owner, provided no part of the cost of operation of the aircraft is received in money or other consideration by the registered owner for such use; or
3. Privately owned aircraft when used in connection with the registered owner's business (comparable to an owner's use of his private automobile), provided the registered owner is not engaged in the business of air transportation; or
4. Company and corporation owned aircraft when operated for the free transportation of company personnel and/or products, provided no part of the cost of operation of the aircraft is received in money or other consideration by the company for such use; and
5. Flying club aircraft.
C. "Commercial aircraft" means:
1. Any aircraft for hire to carry passengers or cargo on flights; or
2. Any aircraft otherwise for rent, hire or charter; or
3. Aircraft used for student instruction and related occupations; or
4. Any aircraft used for commercial purposes and not otherwise covered in this section.
D. "Commercial aircraft operator" means any person who operates a commercial aircraft.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-173. Terminal building space.
A. Commercial aircraft operators who occupy terminal space shall pay the terminal rates and charges at Phoenix Sky Harbor International Airport as provided in subsection B of this section.
B. Effective July 1, 2008, the terminal rental rates per square foot per year shall be:
Terminal 2 $57.36 Terminal 3 60.96 Terminal 4 69.96 West Air Cargo 13.56 West Air Cargo ground service equipment 1.80 South Air Cargo 14.76 C. Jointly occupied terminal space costs shall be prorated on the basis of twenty percent distributed equally among the joint users and eighty percent distributed in proportion to each joint user's enplaned passenger count.
D. All rents and fees assessed in accordance with the section are due and payable prorated monthly in advance on the first day of each month, and are delinquent if not received in the office of the Aviation Director by the tenth day of the month. Rents and fees shall be deemed delinquent and assessed a delinquent account fee in accordance with Section 4-7 of the Phoenix City Code.
E. Each commercial aircraft operator shall pay monthly in advance for its exclusive and jointly occupied terminal building space, at the rates per square foot per year as provided in subsection B, and in accordance with the procedure of subsection D.
F. Each commercial aircraft operator shall pay its proportionate share of any deficiency the City incurs when terminal space costs exceed revenues received from said operators under this section in any fiscal year of the City; conversely, when such revenues exceed the City's cost to provide the facilities each commercial aircraft operator shall be credited with its proportionate share of the excess.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4190, § 1, passed 6-16-1999, eff. 6-16-1999; Ord. No. G-4276, § 1, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4315, § 1, passed 12-13-2000, eff. 1-1-2001; Ord. No. G-4353, § 1, passed 6-6-2001, eff. 6-6-2001; Ord. No. G-4400, § 1, passed 12-12-2001, eff. 12-12-2001; Ord. No. G-4440, § 1, passed 6-12-2002, eff. 6-12-2002; Ord. No. G-4475, § 1, passed 12-4-2002, eff. 1-1-2003; Ord. No. G-4518, § 1, passed 6-11-2003, eff. 6-11-2003; Ord. No. G-4612, § 1, adopted 6-9-2004, eff. 7-1-2004; Ord. No. G-4708, § 1, adopted 6-15-2005, eff. 6-15-2005; Ord. No. G-4803, § 1, adopted 6-14-2006, eff. 6-14-2006; Ord. No. G-4908, § 1, adopted 5-30-2007, eff. 5-30-2007; Ord. No. G-5160, § 1, adopted 5-28-2008, eff. 6-27-2008)
Editor's note: Ord. No. G-5160, adopted May 28, 2008, has an effective date of June 27, 2008. It should be noted that fees implemented by this Ordinance are effective July 1, 2008.
Sec. 4-174. Terminal 4 International Concourse common use facilities fees and surcharges.
A. Effective July 1, 2008, Terminal 4 International Concourse Common Use fees, of domiciled airlines scheduled non-stop international air service shall be:
1) Fee for each aircraft operation (domiciled airlines):
a) Gate area (includes loading bridges and related joint use space) . . . . $132.00
b) Ticket area . . . . 16.00
c) Baggage make-up device . . . . 67.00
d) Full service (combination of above three elements) . . . . 215.00
e) Gate area-commuter only . . . . 44.00
2) Fee per each passenger enplaned and deplaned:
a) Common use terminal equipment (CUTE) . . . . $0.47
3) Fee per deplaned passenger using Federal inspection services:
a) International passenger walkway . . . . $0.44
____
B. Effective July 1, 2008, Terminal 4 International Concourse Common Use Facilities fees and surcharges for domestic or non-scheduled international air service, shall be:
Domiciled Airlines Transient Airlines 1) Fee per each aircraft operation: a) Gate area (includes loading bridge and related joint use space) $264.00 $330.00 b) Gate area-commuter only 88.00 110.00 c) Ticket area 32.00 40.00 d) Baggage make-up device 134.00 168.00 e) Full service [combination of a), c) and d)– Excludes commuter] 430.00 538.00 2) Fee per each passenger enplaned and deplaned: a) Common user terminal equipment (CUTE) $0.93 $0.93 3) Fee per deplaned passenger using Federal inspection services: a) International passenger walkway $0.88 $0.88 4) Operational fee penalty surcharges: a) Exceeding time allotted for occupying a gate $300.00 $300.00 b) Using a gate without prior permission $300.00 $300.00 c) Failure to use allotted time slot for a gate without due notice $300.00 $300.00 ____
C. All fees and surcharges not timely paid shall be deemed delinquent and assessed a delinquent account fee in accordance with Section 4-7 of the Phoenix City Code.
D. The Aviation Director is authorized to promulgate by separate administrative rule such reasonable and appropriate definitions as are deemed necessary to implement the provisions of this section.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4190, § 2, passed 6-16-1999, eff. 6-16-1999; Ord. No. G-4276, § 2, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4315, § 2, passed 12-13-2000, eff. 1-1-2001; Ord. No. G-4353, § 2, passed 6-6-2001, eff. 6-6-2001; Ord. No. G-4400, §§ 2, 3, passed 12-12-2001, eff. 12-12-2001; Ord. No. G-4440, §§ 2, 3, passed 6-12-2002, eff. 6-12-2002; Ord. No. G-4475, § 2, passed 12-4-2002, eff. 1-1-2003; Ord. No. G-4518, § 2, passed 6-11-2003, eff. 6-11-2003; Ord. No. G-4612, §§ 2, 3, adopted 6-9-2004, eff. 7-1-2004; Ord. No. G-4708, §§ 2, 3, 6-15-2005, eff. 6-15-2005; Ord. No. G-4803, §§ 2, 3, adopted 6-14-2006, eff. 6-14-2006; Ord. No. G-4908, § 1, adopted 5-30-2007, eff. 5-30-2007; Ord. No. G-5160, §§ 2, 3, adopted 5-28-2008, eff. 6-27-2008)
Editor's note: Ord. No. G-5160, adopted May 28, 2008, has an effective date of June 27, 2008. It should be noted that fees implemented by this Ordinance are effective July 1, 2008.
Sec. 4-175. Explosive detection baggage handling system.
A. The Aviation Director may enter into agreements with the United States Government and commercial aircraft operators to delineate responsibilities for the use, operation, and maintenance of the explosive detection baggage handling system under such terms and conditions deemed to be necessary or convenient by the Aviation Director.
B. Costs attributable to the explosive detection baggage handling system shall be apportioned for aircraft operators on a prorated usage basis in a manner deemed to be necessary by the Aviation Director.
(Ord. No. G-4866, § 1, adopted February 2, 2007, eff. March 9, 2007)
Sec. 4-176. Other facilities.
A. Each commercial aircraft operator shall pay rental rates as may from time to time be set by the City for other airport facilities, including but not limited to, fuel storage areas, aircraft maintenance areas, air cargo facilities, and such other facilities and areas that are used by commercial aircraft operators.
B. All rents and fees assessed in accordance with subsection A are due and payable prorated monthly in advance on the first day of each month and are delinquent if not received in the office of the Aviation Director by the tenth day of each month.
C. Rents and fees shall be deemed delinquent and assessed a delinquent account fee in accordance with Section 4-7 of the Phoenix City Code.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4866, § 2, adopted 2-7-2007, eff. 3-9-2007)
Note: Formerly, § 4-175.
Sec. 4-177. Monthly landing reports of companies.
A. As a condition precedent to the privilege to conduct business and aircraft operations at Phoenix Sky Harbor International Airport, each commercial aircraft operator shall furnish to the Aviation Director by the twentieth day of each month a report of the number of its flights that landed at the airport during the preceding month, together with the name of each plane's manufacturer, type and maximum allowable gross landed weight, and such other information that the Aviation Director may from time to time require.
B. The report required by subsection A shall be duly certified as true and correct by the person designated by each commercial aircraft operator as its official representative having custody of its records.
C. For purposes of this section, "maximum allowable gross landed weight" means a weight not less than the maximum allowable gross landed weight computed at Mean Sea Level for an aircraft type and model by the Federal Aviation Administration.
D. Each certificated commercial aircraft operator using Phoenix Sky Harbor International Airport shall, in addition to the monthly report required by Subsection A at the same time report to the Aviation Director the quantity of cargo, mail, and express handled upon its flights; and the number of passengers enplaned and deplaned at the airport; and the number of passengers on its flights who passed through the airport. The Aviation Director may, but is not obligated to, prescribe and furnish forms for the making of all such reports.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4866, § 2, adopted 2-7-2007, eff. 3-9-2007)
Note: Formerly, § 4-176.
Sec. 4-178. Bond required.
Commercial aircraft operators, who have not previously established a record of payment satisfactory to the Aviation Director for a period of twelve successive months shall, at the commencement of its services, post a bond in an amount equal to an estimated three months of operating fees or a minimum of ten thousand dollars. The bond shall be in the form specified by the City of Phoenix Finance Department.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4866, § 2, adopted 2-7-2007, eff. 3-9-2007)
Note: Formerly, § 4-177.
Sec. 4-179. Commercial aircraft operator landing fees.
A. The monthly report required by Section 4-176 shall provide the data for calculation of landing fees for each commercial aircraft operator.
B. Effective October 1, 2008, the landing fee shall be one dollar and forty-seven cents per one thousand pounds.
C. Each commercial aircraft operator shall by the twentieth day of each month pay all landing fees for the previous month. Fees not timely paid shall be deemed delinquent and assessed a delinquent account fee in accordance with Section 4-7 of the Phoenix City Code.
D. Each commercial aircraft operator of commercial aircraft in excess of twelve thousand five hundred pounds gross landed weight shall pay its proportionate share of any deficiency the City incurs as a result of landing facility costs that exceed revenues received from said operators under this section in any fiscal year of the City; conversely, when revenues received from landing facilities exceed the City's cost to provide the facilities, each such commercial aircraft operator shall be credited with its proportionate share of the excess.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4190, § 3, passed 6-16-1999, eff. 6-16-1999; Ord. No. G-4276, § 3, passed 6-14-2000, eff. 7-1-2000; Ord. No. G-4315, § 3, passed 12-13-2000, eff. 1-1-2001; Ord. No. G-4353, § 3, passed 6-6-2001, eff. 6-6-2001; Ord. No. G-4400, § 4, passed 12-12-2001, eff. 12-12-2001; Ord. No. G-4440, § 4, passed 6-12-2002, eff. 6-12-2002; Ord. No. G-4475, § 3, passed 12-4-2002, eff. 1-1-2003; Ord. No. G-4518, § 3, passed 6-11-2003, eff. 6-11-2003; Ord. No. G-4612, § 4, adopted 6-9-2004, eff. 7-1-2004; Ord. No. G-4708, § 4, adopted 6-15-2005, eff. 6-15-2005; Ord. No. G-4803, § 4, adopted 6-14-2006, eff. 6-14-2006; Ord. No. G-4866, § 2, adopted 2-7-2007, eff. 3-9-2007; Ord. No. G-4908, § 1, adopted 5-30-2007, eff. 5-30-2007; Ord. No. G-5160, § 4, adopted 5-28-2008, eff. 6-27-2008; Ord. No. G-5250, § 1, adopted 10-15-2008, eff. 10-15-2008)
Editor's note: Ord. No. G-5250, adopted October 15, 2008, has an effective date of October 15, 2008. It should be noted that fees implemented by this Ordinance are effective retroactive to October 1, 2008.
Note: Formerly, § 4-178.
Sec. 4-180. Itinerant commercial operator landing/parking fees.
A. Itinerant commercial operators shall pay the landing and parking fees prescribed by this section for PSHIA, PDVA and PGA.
B. For aircraft exceeding twelve thousand five hundred pounds maximum gross landed weight, the landing fee shall be as prescribed in Section 4-178(B).
C. For aircraft twelve thousand five hundred pounds or less maximum gross landed weight, the landing fees shall be for:
1. Single engine . . . . $ 5.00
2. Twin engine piston . . . . 7.00
3. Turbo prop and jet under 12,500 lbs. . . . . 12.00
4. Helicopters . . . . 7.00
D. Parking fees for aircraft overnight parking shall be for:
1. Single engine . . . . $ 5.00
2. Twin engine piston . . . . 7.00
3. Turbo prop and jet under 12,500 lbs. . . . . 12.00
4. Large aircraft between 12,500 lbs. and 60,000 lbs. maximum gross landed weight . . . . 24.00
5. Transport category aircraft (except those which rent a gate holdroom in a terminal and utilize that parking position overnight) . . . . 80.00
6. Helicopters . . . . 7.00
E. All landing and parking fees assessed under this section are due and payable upon presentment of a bill therefor, and shall be deemed delinquent and assessed a delinquent account fee in accordance with Section 4-7 of the Phoenix City Code.
F. The landing and parking fees prescribed in this section are not applicable to airport tenants who occupy space as a primary tenant or as a fixed base operator pursuant to a written agreement in good standing, to the extent that an agreement provides for aircraft landing and parking fees, or that an exemption is otherwise created in this chapter.
G. The Aviation Director may establish and collect reasonable fees for related and additional services provided to itinerant commercial operators.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4866, § 2, adopted 2-7-2007, eff. 3-9-2007)
Note: Formerly, § 4-179.
Sec. 4-181. Exemptions.
This article shall not apply to (1) fixed base operators, or (2) private aircraft.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4866, § 2, adopted 2-7-2007, eff. 3-9-2007)
Note: Formerly, § 4-180.
Secs. 4-182– 4-189. Reserved.
ARTICLE X.
AERONAUTICAL COMMERCIAL USE PERMITSSec. 4-190. Commercial use permit requirements; effective date; applicability.
A. Individuals or companies who provide an aviation related service(s) to or for a certificated Part 121 and/or Part 135 air carrier shall be required to obtain a commercial use permit (CUP) authorizing their commercial activity on or from the airport premises; except, a CUP shall not be required for:
1. Commercial activities authorized under terms of an existing Aviation Department lease or license. Air carriers will not be required to obtain a CUP for providing service to carriers with whom they are sharing a gate. Air carriers will be required to obtain a CUP for providing services to all other carriers.
2. Deliveries of a product to the airport premises or courier type services.
3. Contractors performing work under a tenant improvement contract.
B. Applicability. The provisions of this Article shall not be in conflict with or in derogation of the minimum standards and agreements for fixed base operators.
C. Exclusion. The provisions of this Article shall not apply to, or supersede, the provisions of Section 4-6 of this chapter.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-191. Permit required; application; expiration.
A. Permit required. No individual or company shall engage in the business activities classified in Section 4-190 at the airport without first having obtained a CUP as provided in this section, except as otherwise provided in Section 4-6.
B. Application. Permits as provided in (A) shall not be issued until the permittee has executed a permit agreement provided by the City which shall contain such information and certifications as deemed necessary by the Aviation Director which shall include, as a minimum, the following:
1. The name and address of the permittee.
2. A description of the activity and equipment to be used.
3. A certificate of comprehensive general liability insurance in such policy limits as may be determined by the Aviation Director which policy names the City of Phoenix as an additional named insured by endorsement.
4. A hold harmless clause in favor of the City of Phoenix.
5. A certification that all statements provided by the permittee are true and that any falsification is grounds for termination of the permit.
6. Payment of the appropriate fee.
C. Unless otherwise terminated, as provided in this Article, all commercial use permits shall be on a month-to-month basis.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-192. Commercial use permit fees.
A. The fee for CUP activities and operations on or from the airport, is eight percent of gross revenue, as defined in the CUP.
B. The fee provided in subsection (A) shall be paid on a monthly basis and shall be due and payable at the place and time that the Aviation Director shall designate.
C. Delinquent account fees shall be assessed in accordance with Section 4-7 of the Phoenix City Code.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-193. Termination of commercial use permit.
Either the permittee or the Aviation Director may terminate a permit issued under this Article without cause by giving ten days' written notice.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-194. Termination for cause.
The Aviation Director may immediately terminate a CUP for any breach by permittee of any of the provisions of this Article, the permit, any violation of law or of airport rules.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Secs. 4-195– 4-203. Reserved.
ARTICLE XI.
GENERAL AVIATION AIRCRAFT STORAGE CHARGESSec. 4-204. Rates for open and covered tiedowns and T-hangars at City-owned airports.
A. Permittees of noncommercial aircraft storage facilities at Phoenix Sky Harbor International Airport, Phoenix Deer Valley Airport and Phoenix Goodyear Airport shall pay the rates as established and implemented in the schedule in subsection B, for the permittee's facility.
____
B. [Rate schedules.]
(1) Phoenix Sky Harbor International Airport.
Facility Types 9/1/96 1/1/98 Open tiedown $ 33.00 * Small covered tiedown 76.00 * Large covered tiedown 110.50 * Small T-hangar 159.50 * Large T-hangar 294.00 * *Adjustment by CPI for the date indicated and annually thereafter.
(2) Phoenix Deer Valley Airport.
Facility Types 9/1/96 1/1/98 1/1/99 1/1/00 1/1/01 Open tiedown $ 17.00 * * * * Small covered tiedown 37.75 49.00 60.00 72.00 * Large covered tiedown 54.75 62.75 70.75 79.00 * Small T-hangar 113.75 125.00 136.00 148.00 * Large T-hangar 200.00 207.00 * * * *Adjustment by CPI for the date indicated and annually thereafter.
(3) Phoenix Goodyear Airport.
Facility Types 9/1/96 1/1/98 1/1/99 1/1/00 1/1/01 Small covered tiedown 25.00 29.00 33.00 * * Large covered tiedown 36.00 40.00 44.00 * * Small T-hangar 75.75 87.00 98.00 110.00 * Large T-hangar 133.25 137.50 * * * *Adjustment by CPI for the date indicated and annually thereafter.
____
C. Each year after the year of implementation of the highest-stated rate for a facility, the rate shall be adjusted based upon changes in the Consumer Price Index for the available twelve calendar months preceding the date of adjustment, but in no event shall the rate be adjusted lower than that charged in the preceding year.
D. All rates assessed in accordance with this section are due and payable on the first day of the month stated on the bill. Amounts are delinquent after the tenth calendar day of said month. Delinquent account fees shall be assessed in accordance with Section 4-7 of this Code.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Sec. 4-205. Vehicle access and fuel handler cards.
A. For the purpose of defraying the cost associated with issuing vehicle access cards and fuel handlers cards at Phoenix Deer Valley Airport and Phoenix Goodyear Airport, the following fees shall apply for each card issued:
1. Vehicle access card fee: $25.00.
2. Fuel handlers card fee: $20.00.
3. Replacement fuel handler and vehicle access card fee: $15.00.
(Ord. No. G-5278, § 1, 11-19-2008, eff. 12-19-2008)
Secs. 4-206– 4-214. Reserved.
ARTICLE XII.
PHOENIX AVIATION ADVISORY BOARD*------------
Cross references: Administration, ch. 2.
------------
Sec. 4-215. Creation; composition; term of members; vacancies; quorum; organization; rules; compensation of members.
A. There is hereby created, constituted, and established a Phoenix Aviation Advisory Board, hereinafter referred to as the "Board," consisting of the Aviation Director, chairman of the Phoenix Sky Harbor International Airport Master Plan Steering Committee, and current chairman of the Airline Station Managers Council as nonvoting ex officio members and nine regular members, appointed by the Mayor, and approved by the City Council.
B. The term of office of the members of the Board shall be four years. The terms of Board members on the effective date of the ordinance shall continue pursuant to their current appointments.
The Board member status and term of the ex officio member chairman of the Phoenix Sky Harbor International Airport Master Plan Steering Committee shall automatically cease upon completion of the Phoenix Sky Harbor International Airport Master Plan Steering Committee process.
In the event of any vacancy which may occur before the expiration of a term of office, the new member appointed to fill the vacancy shall serve for the unexpired term vacated.
C. A Board member's office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office:
1. Death of a Board member.
2. Resignation of the Board member and lawful acceptance of the resignation.
3. Removal from office under Phoenix City Code Section 2-51.
4. Failure to attend three consecutive regular meetings of the Board or failure to attend fifty percent or more of the regular meetings during any calendar year.
D. Five members of the Board shall constitute a quorum for the exercise of the powers and authority conferred upon the Board.
E. The Board shall elect one of its members Chairman for a term of one year and one of its members Vice-Chairman for a term of one year.
F. The Board may adopt such rules for the administration and proper functioning of the Board as the Board may deem expedient which shall not be inconsistent with the laws of the State, the City Charter, or City ordinances.
G. The Board members shall receive no compensation for their services.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998; Ord. No. G-4166, §§ 1, 2, passed 3-17-1999, eff. 4-16-1999)
Sec. 4-216. Powers and duties.
The Board shall:
A. Submit to the City Council recommendations on basic airport policies;
B. Review and make recommendations to the City Council on major airport projects, concession contracts and leases.
(Ord. No. G-4116, § 2, passed 9-2-1998, eff. 10-2-1998)
Secs. 4-217– 4-235. Reserved.
ARTICLE XIII.
AIRPORT ZONING*------------
Editor's note: Ord No. G-5179, TA-9-06, § 1, adopted June 4, 2008, effective July 4, 2008, amended Art. XIII, §§ 4-236– 4-247 in its entirety to read as herein setout with the exception of the recently approved Downtown Zone Section 4-240.F [2-241.B]. See Section 4-236. Former said article pertained to similar subject matter and derived from Ord. No. G-3106, § 2 and Ord. No. G-4784, TA-33-05, adopted 3-15-2006, eff. 4-14-2006.
State law references: Airport zoning, A.R.S. § 28-8461 et seq.
------------
Sec. 4-236. Repealer; saving clause.
The Phoenix Sky Harbor Airport Municipal Airport Zoning Article passed by the City Council on February 1, 1971, is hereby repealed, except for Section 4-240, Height Limitations, Subsection F "Downtown Zone", which is renumbered [Section] 4-241, Zones, Subsection Height Zone B– "Downtown Zone". All rights or remedies of the City are expressly saved as to any and all violations of said article. As to all violations that have accrued at the time of the effective date of this Article, the Court shall have all the powers that existed prior to the effective date of this Article. All existing violations of the Phoenix Sky Harbor Municipal Airport Zoning Article which may become nonconforming uses shall be considered as violations of this Article in the same manner that they were violations of the Phoenix Sky Harbor Municipal Airport Zoning Article.
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)
Sec. 4-237. Short title.
This [Article] may be cited as "The City of Phoenix Airport Height Zoning Article."
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)
Sec. 4-238. Applicability and scope.
This Article does not give any person any entitlement or right to heights higher than the heights in the City of Phoenix Zoning Ordinance or different than any applicable overlays or other zoning requirements. This Article does not alter or modify in any way the City of Phoenix Zoning Ordinance or any of the other processes or requirements set forth in the Phoenix City Code.
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)
Sec. 4-239. Airport Zoning Commission.
A. Creation; composition; terms of members; vacancies; compensation of members. There is hereby created an Airport Zoning Commission. The City's Planning Commission is appointed as the Airport Zoning Commission. The members of the Commission shall serve without compensation.
b. Powers and duties; regulations. It shall be the duty of the Commission to hold public hearings when necessary and make recommendations to the City Council on all airport matters relating to the creation of the various zones and their boundaries, the appropriate height regulations and restrictions to be enforced, amendments to this Article, and any other zoning matter within the scope of the police power pertaining to the airports under the ownership of control of the City. The Commission is authorized to confer and advise with other City, County, Regional or State Planning Commissions with regard to airport zoning matters.
AREA 1: 1,275 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 26 40.69220 112 04 06.65491 33 26 40.63130 112 03 53.94980 33 26 31.51253 112 04 06.66181 33 26 31.51430 112 03 54.39358
AREA 2: 1,300 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 26 41.63685 112 04 25.09522 33 26 40.10488 112 04 09.37186 33 26 40.10839 112 04 07.89649 33 26 40.69806 112 04 07.88019 33 26 40.69220 112 04 06.65491 33 26 31.51253 112 04 06.66181 33 26 31.50924 112 04 25.10223
AREA 3A: 1,325 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 26 43.43276 112 04 43.53509 33 26 41.63685 112 04 25.09522 33 26 31.50924 112 04 25.10223 33 26 31.50519 112 04 43.54265
AREA 4A: 1,350 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 26 44.81566 112 04 57.73970 33 26 43.43276 112 04 43.53509 33 26 31.50519 112 04 43.54265 33 26 26.73561 112 04 57.73617
AREA 3B: 1,325 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 26 45.24463 112 04 11.14274 33 26 43.39527 112 03 53.58613 33 26 40.63130 112 03 53.94980 33 26 40.69220 112 04 06.65491 33 26 40.69806 112 04 07.88019 33 26 40.10839 112 04 07.89649 33 26 40.10488 112 04 09.37186 33 26 40.27770 112 04 11.14526
AREA 4B: 1,350 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 26 47.18638 112 04 29.58385 33 26 45.24463 112 04 11.14274 33 26 40.27770 112 04 11.14526 33 26 42.07419 112 04 29.58498
AREA 5: 1,375 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 26 49.01344 112 04 46.94250 33 26 47.18638 112 04 29.58385 33 26 42.07419 112 04 29.58498 33 26 43.86992 112 04 48.02490
AREA 6: 1,400 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 26 50.14964 112 04 57.74074 33 26 49.12737 112 04 48.02519 33 26 43.86992 112 04 48.02490 33 26 44.81566 112 04 57.73970
AREA 7: 1,500 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 27 16.55968 112 03 59.13861 33 27 16.54884 112 03 54.09829 33 26 43.39527 112 03 53.58613 33 26 43.98269 112 03 59.16201
AREA 8: 1,525 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 27 16.57671 112 04 07.10601 33 27 16.55968 112 03 59.13861 33 26 43.98269 112 03 59.16201 33 26 44.82151 112 04 07.12532
AREA 9: 1,550 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 27 16.59360 112 04 15.07340 33 27 16.57671 112 04 07.10601 33 26 44.82151 112 04 07.12532 33 26 45.66018 112 04 15.08867
AREA 10: 1,575 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 27 16.61034 112 04 23.04080 33 27 16.59360 112 04 15.07340 33 26 45.66018 112 04 15.08867 33 26 46.49871 112 04 23.05206
AREA 11: 1,600 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 27 17.24395 112 04 31.00778 33 27 17.23416 112 04 26.26505 33 27 16.61492 112 04 25.23106 33 27 16.61034 112 04 23.04080 33 26 46.49871 112 04 23.05206 33 26 47.33709 112 04 31.01550
AREA 12: 1,625 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 27 17.26029 112 04 38.97519 33 27 17.24395 112 04 31.00778 33 26 47.33709 112 04 31.01550 33 26 48.17534 112 04 38.97898
AREA 13: 1,650 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 27 17.27648 112 04 46.94260 33 27 17.26029 112 04 38.97519 33 26 48.17534 112 04 38.97898 33 26 49.01344 112 04 46.94250
AREA 14: 1,675 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 27 17.29253 112 04 54.91001 33 27 17.27648 112 04 46.94260 33 26 49.01344 112 04 46.94250 33 26 49.85140 112 04 54.90606
AREA 15: 1,700 FEET MSL WITHIN THE COORDINATES: Latitude Longitude 33 27 17.29821 112 04 57.74605 33 27 17.29253 112 04 54.91001 33 26 49.85140 112 04 54.90606 33 26 50.14964 112 04 57.74074 Where an area is covered by more than one height limitation, the more restrictive limitation shall prevail. Any tree or structure which may be erected, or caused to be erected, by the City of Phoenix for public purposes, is hereby exempted from the height limitations of this Ordinance.
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C. Height Zone C– Aircraft Approach And Departure Zone.
1. Area definition: The area used by aircraft for final descent during the approach phase of flight and initial climb during the departure phase of flight. For the purposes of this Article, Height Zone C is bound to the east by the Height Zone C Baseline as described below. The northern edge of Height Zone C originates at Point A as defined in this Section and splays at a ratio of 8 to 1 from the extended centerline of Runway 8/26 as shown on sheet 2 of 3, to a point where it reaches 3,000 feet from the extended centerline of Runway 8/26. From there, the northern edge of Height Zone C runs parallel with the extended centerline of Runway 8/26 to a point where the elevation of Height Zone C reaches 1,875 feet above mean sea level.
The southern edge of Height Zone C originates at Point B as defined in this Section and splays at a ratio of 8 to 1 from the extended centerline of Runway 7R/25L as shown on sheet 2 of 3, to a point where it reaches 3,000 feet from the extended centerline of Runway 7R/25L. From there, the southern edge of Height Zone C runs parallel with the extended centerline of Runway 7R/25L to a point where the elevation of Height Zone C reaches 1,875 feet above mean sea level.
2. Airport height restriction: No obstacle may exceed above a sloping surface originating at the Height Zone C Baseline as defined in this Section. This surface originates at the elevation of the Height Zone C Baseline and extends upward parallel with the extended centerline of Runway 8/26 at a slope of 62.5 to 1 (62.5 feet horizontally for every one foot vertically) to a point where the surface reaches an elevation of 1,875 feet above mean sea level.
3. Height Zone C Baseline: A baseline established for the purposes of defining airport height restrictions in Height Zone C. The baseline is a straight line between the two coordinates and elevations listed below, as shown [on the attached Zone Boundaries Map] on sheet 2 of 3.
POINT 'A' POINT 'B' LATITUDE: N 33° 26' 30.07" N 33° 25' 39.91" LONGITUDE: W 112° 01' 47.25" W 112° 01' 47.31" ELEVATION: 1,111' MSL 1,111' MSL D. Height Zone D– Aircraft Approach And Departure Zone.
1. Area definition: The area used by aircraft for final descent during the approach phase of flight and initial climb during the departure phase of flight. For the purposes of this Article, Height Zone D is bound to the west by the Height Zone D Baseline as described below. The northern edge of Height Zone D originates at Point 'C' as defined in this Section and splays at a ratio of 8 to 1 from the extended centerline of Runway 8/26 as shown on sheet 2 of 3, to a point where it reaches 3,000 feet from the extended centerline of Runway 8/26. From there, the northern edge of Height Zone D runs parallel with the extended centerline of Runway 8/26 to a point where the elevation of Height Zone D reaches 1,875 feet above mean sea level.
The southern edge of Height Zone D originates at Point 'D' as defined in this Section and splays at a ratio of 8 to 1 from the extended centerline of Runway 7R/25L as shown on sheet 2 of 3, to a point where it reaches 3,000 feet from the extended centerline of Runway 7R/25L. From there, the southern edge of Height Zone D runs parallel with the extended centerline of Runway 7R/25L to a point where the elevation of Height Zone D reaches 1,875 feet above mean sea level.
2. Airport height restriction: No obstacle may exceed above a sloping surface originating at the Height Zone D Baseline as defined in this Section. This surface originates at the elevation of the Height Zone D Baseline and extends upward parallel with the extended centerline of Runway 8/26 at a slope of 62.5 to 1 (62.5 feet horizontally for every one foot vertically) to a point where the surface reaches an elevation of 1,875 feet above mean sea level.
3. Height Zone D Baseline: A baseline established for the purposes of defining airport height restrictions in Height Zone D. The baseline is a straight line between the two coordinates and elevations listed below, as shown [on the attached Zone Boundaries Map] on sheet 2 of 3.
POINT 'C' POINT 'D' LATITUDE: N 33° 26' 29.93" N 33° 25' 37.31" LONGITUDE: W 111° 59' 31.68" W 111° 59' 31.77" ELEVATION: 1,135' MSL 1,135' MSL E. Height Zone E– Aircraft Maneuvering Zone.
1. Area definition: The area used by aircraft maneuvering in the vicinity of Phoenix Sky Harbor International Airport. For the purposes of this Article, Height Zone E is bound by the limits shown on the attached Zone Boundaries Map (sheet 2 of 3).
2. Airport height restriction: No obstacle may exceed above a sloping surface originating at the Height Zone E Baseline as defined in this Section. This surface originates at the elevation of the Height Zone E Baseline and extends upward and outward at a slope of 30 to 1 (30 feet horizontally for every one foot vertically) to a point where the surface reaches an elevation of 1,875 feet above mean sea level.
3. Height Zone E Baseline: A baseline established for the purposes of defining airport height restrictions in Height Zone E. The baseline is a straight, sloping line between the two coordinates and elevations listed below, as shown [on the attached Zone Boundaries Map] on sheet 2 of 3.
POINT 'E' POINT 'F' LATITUDE: N 33° 26' 05.50" N 33° 26' 05.39" LONGITUDE: W 112° 01' 47.27" W 111° 59' 31.77" ELEVATION: 1,111' MSL 1,135' MSL F. Height Zone F– Aircraft Enroute Zone.
1. Area definition: The remaining area within the City limits beyond the limits of those areas defined above by Zones A– E and shown on the attached Zone Boundaries Map (sheet 1 of 3).
2. Airport Height Restriction: The Federal Aviation Administration's obstacle evaluation process governs the airport height restriction in this area. If required to file a Federal Aviation Administration Form 7460-1 as per Part 77.13 of Title 14 of the Code of Federal Regulations no permit shall be issued unless and until a determination of no hazard has been issued by the Federal Aviation Administration.
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)
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Sec. 4-242. Airport use restrictions.
Notwithstanding any other provisions of this Article, no use may be made of land or water within any zone established by this Article that will create electrical interference with navigational signals or radio communication between an airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using an airport, impair visibility in the vicinity of an airport, wildlife hazards or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use an airport.
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)
Sec. 4-243. Nonconforming uses.
This Article is not retroactive. The regulations prescribed in this Article shall not be construed to require the removal, lowering or other changes to or alteration of any structure not conforming to the regulations as of the effective date of this Article, or otherwise interfere with the continuance of any nonconforming use.
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)
Sec. 4-244. Enforcement.
A. Zoning Administrator. It shall be the duty of the Zoning Administrator, or their designee, to administer and enforce this Article with such duties and powers granted to them through the City of Phoenix Zoning Ordinance. A building permit shall not be issued by the City for any building or obstacle which does not comply with this Article unless a variance is first obtained. Applications for variances from this Article shall be made on a form available in the Office of the Zoning Administrator, and shall be transmitted to the Airport Board of Adjustment for hearing and decision.
B. Variances. Any person aggrieved by a decision or interpretation of the Zoning Administrator in enforcing this Ordinance, may appeal that decision or interpretation to the Board.
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)
Sec. 4-245. Airport Board of Adjustment.
A. Creation; composition; terms of members; vacancies; compensation of members. There is hereby created an Airport Board of Adjustment to be known as "The Airport Board of Adjustment" or "Board." The Board shall be composed five members who shall be residents of Phoenix and who shall serve without pay. Members shall be appointed by the City Council of Phoenix. Each appointment shall be for a term of three years, except that in the event of a death or resignation of a member, the vacancy may be filled for the unexpired term.
The Board shall elect a Chair and a Vice-chair from among the members appointed by the City Council. The Chair and Vice-chair shall have power to administer oaths and take evidence.
The Board may adopt rules and procedures in keeping with the provisions and intent of this Article as are necessary to the conduct of its business. Such rules and procedures, together with the provisions of this Article, may be subject to continuing study to ensure that the interests of both the City and its citizens are being served.
Meetings of the Board shall be open to the public. The minutes of its proceedings, showing the vote of each member and records of its examinations and other official actions, shall be kept and filed in the Office of the City Clerk as a public record.
B. Powers and duties; regulations. It shall be the duty of the Board to:
a. Hear and decide appeals in which it is alleged there is an error in an order, requirement, or decision made by the Zoning Administrator in the enforcement of this Article.
b. Hear and decide appeals from the action of the Zoning Administrator in the granting or denying of variances, the issuance of use permits, or in the interpretation of the provisions of this Article.
c. Hear and decide all matters referred to the Board by the Zoning Administrator.
d. Reverse or affirm, wholly or in part, or modify the order, requirement, or decision of the Zoning Administrator appealed from, and make such order, requirement, decision, or determination as necessary.
The Board may not:
a. Make any changes in the uses permitted in any zoning classification or zoning district, or make any changes in the terms of the zoning article; provided that the restriction in this paragraph shall not affect the authority to grant variances.
b. Grant a variance if the special circumstances applicable to the property are self-imposed by the property owner.
c. Grant a variance that will negatively impact terminal or emergency aircraft procedures, or that will be materially detrimental to persons or aircraft operating in the vicinity, to adjacent property, or to the public welfare in general.
d. Consider an application for an expansion of a nonconforming structure, or any variance pertaining to a nonconforming structure.
Appeals from rulings and interpretations of the zoning administrator regarding nonconforming structures may be heard only to determine that an obstacle is, or is not, a legal non-conforming use.
C. Procedure before the Airport Board of Adjustment.
1. Appeals from an order, requirement, or decision made by the Zoning Administrator, may be made by any person or governmental agency, on forms provided by the Zoning Administrator, and shall specify the basis of the appeal.
2. Any appeal shall be heard by the Board. A quorum of the Board consisting of three members shall be necessary to hear any matter. The concurring vote of a majority of members present and not otherwise disqualified shall be necessary to reverse or modify an order, requirement, or decision of the Zoning Administrator, otherwise such order, requirement, or decision shall be affirmed.
3. The Board may grant variances from the terms of this Article when a literal enforcement of any provision of this Article would result in unnecessary property hardship; or, when evidence is presented to the satisfaction of the Board that all of the following conditions are met.
a. That special conditions and circumstances exist which are peculiar to the land or obstacle or use involved, and which are not applicable to other lands, or obstacles in the same zone.
b. That such special circumstances were not created by the owner or applicant.
c. That the authorizing of the variance is necessary for the preservation and enjoyment of substantial property rights.
d. That the authorizing of the application will not be materially detrimental to persons residing or working in the vicinity, to adjacent property, to the neighborhood, or to the public welfare in general.
4. In granting a variance the Board may stipulate certain requirements in order to fully carry out the provisions and intent of this Article, such as a limitation of the time for which the variance may be effective, or that the owner, at their expense, install, operate and maintain such markers and lights as may be deemed necessary by the aviation director to indicate the presence of an airport hazard.
A violation of any stipulation shall be considered a violation of this Article and such violation shall render the variance null and void.
5. An appeal may be reheard only when there has been a mistake of law or fact affecting the Board's action.
6. Any person aggrieved by any decision of the Board, or a taxpayer, or officer or department of the municipality affected by the decision, may within thirty days after the Board has rendered its decision, file a complaint for special action in the Superior Court to review the Board's decision. Filing the complaint does not stay proceedings on the decision sought to be reviewed, but the Court may, on application, grant a stay and on final hearing may affirm or reverse, in whole or in part, or modify the decision reviewed.
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)
Sec. 4-246. Penalties.
Each violation of this Article or of any regulation, order or ruling promulgated hereunder shall constitute a Class 1 Misdemeanor, and each day a violation continues to exist shall constitute a separate offense.
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)
Sec. 4-247. Conflicting regulations.
Where there exists a conflict between any of the regulations or limitations prescribed in this Article and any other regulations applicable to the same area, whether the conflict be with respect to the height of structures or trees, the use of land, or any other matter, the more stringent limitation, restriction or requirement shall govern and prevail.
(Ord. No. G-5179, § 1, adopted 6-4-2008, eff. 7-4-2008)