?ORDINANCE NO. 960
The City Council of the City of DeQuincy, State of Louisiana, met in regular session on the 12th day of February 2024 and adopted the following Ordinance to be effective immediately.
THEREFORE, BE IT ORDAINED by the City Council of the City of DeQuincy, in a legal session convened, to add, Policies and Procedures for the DeQuincy Airport as follows:
1.0 PURPOSE AND AUTHORITY
1.1. Introduction
The establishment of airport rules and regulations is essential as this is the only document that applies to anyone that may access the airport property. The establishment of such ensures that individuals conduct themselves in a safe and orderly manner and serves to protect the people, property, aircraft, and equipment within the airport’s boundaries.
1.2. Applicability
These rules and regulations apply to all users and tenants of the DeQuincy Industrial Airpark located in the City of DeQuincy, Calcasieu Parish, Louisiana. Any entry upon or use of the airport or any part thereof whether with expressed permission or without is conditioned upon compliance with these rules and regulations; entry upon airport property by any person shall be deemed to constitute an agreement by such person to comply with said rules and regulations.
1.3. Other Laws
All applicable provisions of the laws of the United States, Federal Aviation Regulations (FARs), laws of the State of Louisiana, and other ordinances of the City of DeQuincy, now in existence or hereafter enacted, shall be in effect at the airport. These airport regulations are not intended to amend, modify, or supersede any provisions of federal, state, or parish law. If any portion of these regulations shall be ruled to be invalid or unenforceable, all other portions shall nevertheless remain in effect.
In any case where a provision of these regulations is found to conflict with any other provision of these regulations adopted hereunder or in conflict with a provision of any zoning, building, fire safety, health or other ordinance, code, rule, or regulation, the provision which establishes the higher standard for the promotion and protection of the health and safety of the people shall prevail. Compliance with these regulations does not excuse failure to comply with any other law.
1.4. Subordination Clause
It is mutually understood and agreed that the rules and regulations listed in this document shall be subordinate to the provisions of any existing or future agreement between the City of DeQuincy and the United States of America, its boards, agencies, commissions, and others, relative to the operation or maintenance of the airport, the execution of which has been or may be required as a condition precedent to the expenditure of federal funds for the development of the airport, and these rules and regulations will be subordinate to the license or permit of entry that may be granted by the Secretary of Defense.
1.5. Sponsor Authority
Ordinance No. 960 an ordinance approving the implementation (or amendment) of airport rules and regulations at the DeQuincy Industrial Airpark effective February 12th 2024.
1.6. Airport Manager or Designated Representative’s Authority
The airport manager (or designated representative) shall, at all times, have the authority to take such reasonable action as may be necessary to enforce these rules and regulations and to efficiently manage the airport and its operations. In any emergencies, the airport manager shall be authorized to make such reasonable rules and orders as may be necessary and proper under the circumstances. In the event the airport manager or designee believes the condition of the airport to be unsafe for landings or take offs, it will be within their authority to issue or cause to be issued, a Notice to Air Missions (NOTAMs) closing the airport or any portion thereof.
1.7.Amendments to the Rules and Regulations
Additions, deletions, or amendments to these rules and regulations may be initiated by the airport as conditions warrant. These rules and regulations may be modified or reinforced by a policy letter issued by the airport manager that will be regulatory until the rules and regulations are formally adopted.
2.0 GENERAL REGULATIONS
2.1. Responsible Party
Any person accessing the airport shall be responsible for their actions and all actions of any person to whom they provide access, whether directly or indirectly.
2.2. Restricted Areas and Entry
Apart from pilots, passengers, employees of the airport, and others having official business or travel plans utilizing the airport, no person shall enter the airport, its structures, gates, or facilities thereon, without the appropriate supervision or authorization from the airport manager or their authorized designee. All persons authorized access to the Air Operations Area (AOA) shall possess proper identification at all times and must either be approved by the airport manager or escorted by an airport employee that has been approved by the airport manager.
No person shall operate a bicycle (electric or non-electric), scooter, moped personal assistive mobility device, motorized skateboard, hover board or similar vehicle on any runway, taxiway, taxilane, or apron without prior permission from the airport manager. Strollers and wheelchairs can be used for their intended purpose as a means of transporting children and individuals that require such.
No person shall walk or run on any runway, taxiway, taxilane, or apron without prior permission from the airport manager. The airport manager may authorize such activities in order to accommodate special events that are held at the airport, or in case of emergencies. Walking or running on a taxilane or apron is permitted if the action is required as a part of that person’s employment, contract with the airport, or is associated with an aeronautical activity.
2.3. Conducting Business or Commercial Activity
Prior to commencing any aeronautical business or commercial activities at the airport, all persons shall comply with all applicable requirements concerning such activities as are set forth in the airport’s minimum operating standards including the required insurances and coverages by type of operation or activity.
2.4. Unauthorized Use of the Property
Notwithstanding any provision in these rules and regulations, the following activities are prohibited at the airport:
• Sale or distribution of any items, goods, merchandise, or services except when expressly allowed by written agreement with the airport.
• Conduct that in any way obstructs, delays, or interferes with the free movement of any other person or authorized business of the airport except by airport staff.
• Placement of a table, bench, chair, sign, fixture, object, or other structure on a public use area of the airport property unless permitted by the airport manager or their designee.
• Any activity which constitutes a danger to persons or property, or which interferes with any of the following, except by airport staff: pedestrian or vehicular travel; the entry to or exit from vehicles, doorways or passageways; security procedures; government inspection procedures; or cleaning, maintenance, repair or construction operations.
2.5. Solicitation
No person shall solicit funds for any purpose, and no signs or advertisements may be posted at the airport without the permission of the airport manager or without an agreement with the airport.
2.6. Hangar Access
The airport manager or their designee has the right to enter any leased hangar premises at any time to ensure compliance with these rules and regulations or to ensure compliance with any federal, state, or local rules or regulations.
2.7. Self-Fueling
Self-fueling is the process where fuel purchase, fuel storage, and fuel transfer into the aircraft are performed by the aircraft owner or by the owner’s bona fide employees. Although self-fueling is not considered a commercial aeronautical activity, the act of self-fueling requires that the fueler possess the required equipment, safety features, and insurance requirements as specified in the airport’s minimum operating standards.
Any person who engages in self-fueling shall be responsible for any and all costs associated therewith, including, but not limited to, any required cleanup, any property or personal damage, or any reasonable remedial measures undertaken by the airport.
2.8. Airport Construction
No person shall willfully interfere with, or hinder the progress of, any construction project(s) conducted at the airport. No person shall enter into or upon any construction area on the airport without the prior permission of the airport manager or a construction manager or superintendent, or without the proper safety attire.
2.9. Airport Security and Reporting Procedures
The vigilance of airport users is one of the most prevalent methods of enhancing security at General Aviation (GA) airports according to the Transportation Security Administration (TSA). There are three ways that persons can report suspicious activities:
• In all cases involving critical and immediate incidents or threats, contact 9-1-1 local emergency dispatch.
• For incidents or situations that are not immediate or critical, bring them to the attention of the airport manager who can often satisfy and resolve questions regarding the legitimacy of an activity. 337-660-3488
• Utilize the GA-SECURE hotline. TSA developed and implemented a GA hotline in partnership with the National Response Center. The toll-free number is (866) GA-SECUR (1-866-427-3287) and operates twenty-four (24) hours per day, seven (7) days per week.
3.0 PERSONAL CONDUCT
3.1. Compliance with Signs
Airport users shall observe and obey posted signs, fences, and barricades prohibiting entry upon an AOA or restricted area or governing the activities or demeanor of the public while on the airport.
3.2. Preservation of Property
No person may destroy, injure, deface or disturb any building, sign, equipment, marker or other structure, landscaping or other property on the airport. Any person who damages any City of DeQuincy airport-owned property shall notify the DeQuincy Police Department, airport manager, or their designee immediately and shall be fully responsible for any costs required to repair or replace the damage. Failure to provide notice may result in criminal punishment per Ordinance No. 960.
3.3. Payment for Damages
Any person causing, or liable for, any damage, shall be required to pay the airport, on demand, the full cost of repairs, clean up, removal, legal fees or other costs incurred by the airport as a result of the incident. Any person failing to comply with these rules shall be in violation and may be refused the use of any airport facilities until the airport has been fully reimbursed for damages sustained.
3.4. Smoking
Smoking, including the use of electronic cigarettes and vaping products, is prohibited at the airport and on transit vehicles except in designated smoking areas in compliance with Louisiana State Law Revised Statute (RS) 40:1291.11. No smoking shall be permitted within fifty (50) feet of an aircraft, a hangar, or a fuel truck and/or fuel storage area in accordance with the National Fire Protection Association (NFPA) 407 Standard for Aircraft Fuel Servicing.
3.5. Consumption of Alcohol, Drug Use, and Disorderly Conduct
Except for special events: which may include during air shows, other spectator events, or unless specifically approved by the airport manager, the consumption of alcohol is prohibited within the airport property boundaries. No person under the influence of alcohol or drugs shall operate any motor vehicle or aircraft of any type on the airport. No person shall be or become intoxicated or drunk, commit any disorderly, obscene, or indecent act or commit any nuisance. No person shall assault or commit a battery on any other person or touch any person without consent.
3.6. Clothing and Attire
No person shall enter the airport property without wearing a shirt, pants or shorts, and shoes. Anyone working closely or directly with fuel is also required to wear personal protective equipment including eye protection, ear protection, hand protection, and proper clothing and boots in accordance with the NFPA.
3.7. Littering
No person will conduct activities in such a manner as to cause littering or environmental pollution. No person will dispose of garbage, papers, refuse or other forms of trash, including cigarettes, cigars and matches, except in receptacles provided for such purposes. Persons found liable under the provisions of Louisiana State Law RS 30:2531 Litter Violations and Penalties shall be assessed, for a first-time violation, either a fine of $150.00 dollars or given the option to perform eight hours of community service in a litter abatement work program.
3.8. Animals
No person may bring an animal into the airport except: (1) An animal to be or that has been transported by air; (2) A service animal used by disabled persons in accordance with Louisiana State Law RS 46:1952; (3) An animal used for law enforcement purposes; or (4) Animals authorized by the airport manager or designee for special events or for wildlife hazard removal.
All animals permitted by this section must be restrained by a leash or confined and completely under control. No person other than those authorized by the airport will hunt, pursue, trap, catch, injure or kill any animal on the airport. No person will feed or do any other act to encourage the congregation of birds or other animals on the airport. No person will permit, either willfully or through failure to exercise due care or control, any animal to urinate or defecate on the sidewalks of the airport or within any airport building.
3.9. Firearms and Weapons
No person except those persons authorized by law may carry a firearm, weapon or destructive device inside the airport, provided that no person will be prohibited from carrying any legal firearm or weapon into the airport when such firearm or weapon is encased and secured with a locking device for shipment.
3.10. Camping
No person shall camp on airport property without the express permission of the airport manager.
4.0 AIRCRAFT OPERATION
4.1. Hold Harmless
Aircraft owners, pilots, agents or their duly authorized representatives will release or discharge the airport, and its employees of and from liability for any damage which may be suffered by any aircraft and its equipment and for personal injury or death.
4.2. Denial of Use of the Airport
The airport manager or designee has the right at any time to close the airport in its entirety or any portion thereof to air traffic, to delay or restrict any flight or other aircraft operation, to refuse take off permission, and to deny the use of the airport or any portion thereof to any specified class of aircraft or any individual or group when necessary to avoid endangering persons or property and to be consistent with the safe and proper operation of the airport.
4.3. Interference with Aircraft
No person may throw, shoot or propel any object nor shine a light or laser in such a manner as to interfere with or enanger the safe operation of any aircraft taking off from, landing at or operating on the airport or any vehicle operating on the airport. Pointing a laser at an aircraft is a federal crime. U.S. law enforcement agencies and the Federal Aviation Administration (FAA) may seek criminal and civil prosecution against violators. People who shine lasers at aircraft face FAA fines of up to $11,000 per violation and up to $30,800 for multiple laser incidents.
4.4. Aircraft Tampering
No person shall interfere or tamper with any aircraft or put in motion the engine of such aircraft or use any aircraft, aircraft parts, instruments, or tools without the written permission of the owner. Any tampering of aircraft or aviation facilities is a violation of U.S. Code Title 18 Chapter 2 §32 and would therefore constitute a federal offense that may be punishable through fines and/or imprisonment for up to twenty (20) years.
4.5. Aircraft Taxiing
No person may taxi an aircraft on the airport until they have ascertained that there is no danger of collision with any persons or objects. All aircraft will be taxied at a safe and reasonable speed. When taxiing aircraft converge, the aircraft involved will pass each other bearing to the right. No aircraft will be taxied into or out of any hangar under its own power. All aircraft being taxied, towed or otherwise moved on the airport will proceed with navigational lights on during the hours between sunset and sunrise.
4.6. Aircraft Takeoffs and Landings
No person may cause an aircraft, other than a helicopter, to land or takeoff at the airport, except on a runway. All aircraft with an operational radio should monitor the appropriate frequency during takeoff, landing, and taxiing. Aircraft arriving at the airport without operable radios shall comply with current procedures outlined in the Aeronautical Information Manual (AIM) and appropriate FAA regulations. Persons landing an aircraft at the airport will make the landing runway available to other aircraft by leaving said runway as promptly as possible, consistent with safety.
4.7. Dropping Items from Aircraft
Unless specifically authorized in advance by the airport manager as part of a special event, no items are to be dropped from an aircraft onto airport property.
4.8. Aircraft Accidents
Any person operating an aircraft who is involved in an accident on the airport resulting in injury to any person or damage to any property shall immediately stop such aircraft at the scene of the accident or as close thereto as possible so as to minimize the obstruction of other aircraft or vehicle traffic. The person operating said aircraft shall then comply with the FAA notification procedures and notify the airport. Such person shall then return to and remain at the scene of the accident, if possible, until he/she has fulfilled all reporting requirements.
Any person operating an aircraft involved in an accident shall make a full report of the accident to the appropriate law enforcement official(s) and the authorized representative(s) of the airport as soon after the accident as possible. This report should include, but is not limited to, names and addresses of the individuals involved, description of the property and all aircraft involved including registration and license number and such other information relevant to the accident as requested by the investigating law enforcement official(s). The aircraft operator involved in such accident shall also provide, upon request, licenses, registrations, or other documents relevant to the accident, or the persons or properties involved in the accident, to the investigating law enforcement official(s). In the event of an accident, the airport may move damaged aircraft at the expense of the owner without liability to the airport for damage which may result in the course of such moving.
4.9. Disabled Aircraft
Aircraft owners shall be responsible for the prompt removal of any disabled aircraft and associated parts as reasonably directed by the airport manager. In the event of the owner’s failure or refusal to comply with such directions, the disabled aircraft, including any and all parts thereof, may be removed by the airport manager at the owner’s expense and without liability for damage which may result from such removal.
4.10. Aircraft Parking and Storage
No aircraft shall be parked or stored at the airport except in the areas designated for such purposes. Aircraft parked in undesignated areas may be moved at the direction of the airport manager to a designated parking area at the aircraft owner/operator’s expense and without liability for damage that may result from such.
4.11. Non-operating, Abandoned, and Derelict Aircraft
No person shall park or store any aircraft in a non-flyable condition (see derelict aircraft) on airport property, including any leased premises, for a period in excess of ninety (90) days, without the written permission of the airport manager. No person shall store or retain parts or components as inventory anywhere on the airport, other than in an enclosed, authorized facility, or in a manner approved in writing by the airport manager. No person shall abandon (see abandoned aircraft) an aircraft at the airport.
Whenever any aircraft is parked, stored, or left in a non-flyable or abandoned condition in violation of the provisions of this section, the airport shall so notify the owner or operator thereof by certified or registered mail and require removal of said aircraft within fifteen (15) days of the mailing of such notice. If the owner or operator is unknown or cannot be found, the manager shall conspicuously post and affix such notice to the said aircraft and require removal of such within thirty (30) days of the date of posting. All costs incurred by the airport shall be recoverable against the owner or operator thereof. The airport shall not be liable for damage to any aircraft or loss of personal property that might result from the act of removal.
4.12. Prohibited Aircraft Engine Starting in Hangars
With the exception of commercial aeronautical facilities which have the expressed written consent to do so, the running of aircraft engines within a hangar is prohibited. Aircraft shall be towed or manually moved into and out of hangars with the engines off and shall not be started until the aircraft is moved a safe distance away from the hangar entrance.
4.13. Owner Aircraft Maintenance
The performance of aircraft and engine repair and maintenance is considered an aeronautical service that is regulated by the DeQuincy Industrial Airpark as detailed in the airport’s minimum operating standards.
4.13.1. Exceptions
• Except where such service and repairs are performed by the aircraft owner or by their bona fide employees – either of which must possess the appropriate licenses or be supervised by those in possession of licenses required to perform such work on aircraft and must have a lease agreement which permits this type of activity.
• Except for preventative maintenance items that are defined in 14 Code of Federal Regulations (CFR), Part 43 which allows a pilot certificated under 14 CFR, Part 61 to perform some preventative aircraft maintenance.
• Except for when unscheduled or emergency repair or maintenance is needed for aircraft not based at the field, and this should still be approved by the airport manager.
4.14. Nonprofit Flying Clubs
All flying clubs should be conducted in compliance with the requirements of the FAA’s amended policy on flying clubs as found in 81 Federal Register (FR) 13719, FAA Order 5190.6B Airport Compliance Manual – Section 10.6 Flying Clubs, and with the Airport’s Minimum Operating Standards.
5.0 MOTOR VEHICLES
5.1. Permission
Operation of vehicles on the airport must be in compliance with all applicable federal and state laws, local ordinances, and these rules and regulations. No person may operate a motor vehicle on the AOA or movement area unless permission based on operational need has been granted by the airport manager or designee. Authorized access to the airport is carefully monitored to enhance safety and security. Sharing of any airport gate access codes to users not authorized by the airport or not connected to the performance of an aeronautical activity is strictly prohibited. No person will operate a motor vehicle on the airport without an appropriate valid driver’s license.
5.2. Operation of Motor Vehicles
No person shall operate any vehicle on airport property in a careless or negligent manner, in disregard for the safety of others, or operate a vehicle in excess of any posted speed limits. Except for airport staff responsible for runway inspections, the speed limit for all vehicles operating on the AOA is fifteen (15) Miles Per Hour (MPH). Vehicles operated within the AOA shall be identified by an operating flashing amber light or beacon which must be visible from all directions. Vehicles not possessing a warning light must be accompanied by a vehicle possessing such a system. All aircraft have the right of-way over surface vehicles. All vehicles, upon entering or exiting an airport access gate, shall wait for the gate to completely close behind them before proceeding to their destination so as to not allow the entry of an unauthorized vehicle.
No vehicles may be parked or stand within ten (10) feet of a fire hydrant or within locations marked by signage as a no parking area. Vehicles found parked in violation of this section or in a location that impedes ingress and egress of vehicles or aircraft will be moved at the owner/operator’s expense and without liability for damage that may result from such.
5.3. Vehicle Accidents
The driver of any vehicle involved in an accident on the airport which results in injury to or death of any persons or property damage must immediately stop such vehicle at the scene of the accident and immediately, by the quickest means of communication, give notice of the accident to the applicable law enforcement agency, usually by dialing 9-1-1.
5.4. Vehicle Parking
No vehicle shall be parked so as to obstruct roadways, restrict any other person’s space, or so as to restrict movement of any person, aircraft, or other vehicle. No person shall abandon any vehicle on the airport (see abandoned motor vehicle). Any vehicle which is parked on the airport in violation of these rules and regulations may be towed at owner’s expense. The airport will bear no liability for damage which may result in moving the vehicle. No vehicle shall be parked in such a manner as to occupy more than one marked space. Hangar tenants and their passengers may park their vehicles within assigned hangars while their aircraft is in use.
The airport may remove or cause to be removed from any restricted or reserved areas, any roadway or right-of-way or any other unauthorized area or structure at the airport, any property which is disabled, abandoned or unattended which creates an operational problem, nuisance, security or safety hazard or which otherwise is placed in an illegal, improper or unauthorized manner. Any such property may be removed or caused to be removed by the airport in accordance with Louisiana State Law (RS 32:473.1 Abandoned vehicle, removal).
5.5. Traffic Citations
The DeQuincy Police Department is authorized to issue traffic citations to motor vehicle operators who violate any applicable federal, state, or local laws governing motor vehicles.
6.0 HAZARDS, FIRE SAFETY, AND ENVIRONMENTAL PROTECTION
6.1. Hazard Reporting
Any aircraft owner or operator who becomes aware of any hazard to safe operations of the airport will report the condition to the airport manager, or his/her representative, who will immediately rectify the safety hazard or make appropriate notice(s).
6.2. Storage of Materials
No person shall keep or store material or equipment in such manner as to constitute a fire hazard. All storage materials shall be arranged in a height not to exceed the lower or bottom side of roof trusses and not closer than eighteen (18) inches below sprinkler heads. Lessees of all airport facilities shall provide adequate passage of fire department personnel and equipment.
6.3. Storage of Flammable Liquids and Chemicals
No person shall keep or store any flammable liquids, gases, explosives, signal flares or other hazardous materials on the airport, except in proper receptacles or in areas specifically approved for such storage in compliance with NFPA standards and applicable provisions of the local code, state and federal law, and with the approval of the airport manager. Except in the airport’s consolidated fuel farm, no more than five (5) gallons of fuel shall be stored in any building or structure on the airport at any time. All fuel in quantities of five (5) gallons or less shall be stored in approved containers.
No person shall keep or store lubricating oils on the airport, except in containers and receptacles designed and labeled for such purpose and in structures or areas specifically approved for such storage in compliance with NFPA standards and applicable provisions of the local code, and with the approval of the airport. Waste rags, oil, and other rubbish shall be stored in approved metal receptacles with a self-closing lid.
6.4. Doping, Paint Stripping and Spray Painting
No person shall perform doping processes, paint stripping, or spray painting without a lease agreement granting such activity. Doping, paint stripping, and spray painting are only to be performed in areas or facilities approved for such purposes under NFPA and Department of Environmental Protection (DEP) standards and applicable provisions of federal and state law and the local code. No person shall enter or work in a “dope” room while doping is in process, or in a spray painting room or area while spray painting is being conducted unless such person is properly clothed and outfitted with the proper safety equipment in accordance with NFPA standards and applicable provisions of the local code.
6.5. Response to Spills
Any person, including owners, operators, and into-plane fuelers, causing overflow or spillage of excess oil, grease, fuel, hazardous material, or any similar material anywhere on the airport, shall be responsible for the immediate cleanup of such spillage in compliance with all applicable local, state or federal rules, regulations or laws. In the event of the default of the responsible person to clean such spillage area, the airport shall provide the necessary cleaning and charge the responsible person for the cleanup expense.
6.6. Fueling Operations
Fuel sales to the public shall only be conducted on the airport by an approved fixed-base operator in accordance with the airport’s minimum operating standards. All fueling operations, including self-fueling, at the airport shall be conducted in accordance with the State of Louisiana’s Fire Codes, Rules, and Laws, and FAA Advisory Circular (AC) 150/5230-4C Aircraft Fuel Storage, Handling, Training, and Dispensing on Airports (2021). No deviations from the procedures of NFPA 407 are permitted without the prior written approval of the local Fire Marshall.
All fueling operations, including self-fueling, shall comply with the following requirements:
• All aircraft, refueling apparatus and containers shall be bonded in accordance with NFPA 407.
• No aircraft shall be fueled while the aircraft is being pre-heated.
• Defueling or fueling of an aircraft in a hangar or within any other enclosed structure is prohibited.
• No aircraft shall be fueled on the runway, taxiway or taxilane.
• Hot fueling or fueling while an aircraft engine is running is prohibited.
• No person shall smoke within fifty (50) feet of an aircraft that is undergoing fuel servicing.
• No aircraft shall be fueled when lightning is observed or evident in the vicinity of the airport.
• Extreme caution shall be exercised at all times to prevent fuel spills. When any spill occurs in excess of ten (10) gallons, servicing shall cease immediately and the person in charge shall call the airport manager and/or 9-1-1. Section 6.5 Response to Spills should be referenced as the situation applies.
• No fuel vehicle designed for or employed in the transportation of fuel shall be operated on a runway or taxiway.
• No fuel vehicle shall be parked within fifty (50) feet of any airport building except for in preparation for a hurricane or other anticipated natural disaster.
• Aircraft fuel servicing personnel shall not carry lighters, or matches in their possession while performing servicing operations, or loading and unloading operations.
6.7. Fire Extinguishers
Fire extinguishing equipment at the airport shall not be tampered with at any time nor used for any purpose other than firefighting or fire prevention. All such equipment shall be maintained in accordance with the standards of the NFPA. Tags showing the date of the last inspection and the status of such equipment shall be attached to each unit.
All persons occupying hangars, aircraft maintenance buildings, or shop facilities shall supply and maintain readily accessible fire extinguishers of a type and number that are determined by appropriate laws and building code. Fueling vehicles designed for the transport and transfer of fuel shall carry on board at least (2) fire extinguishers, one located on each side of the vehicle. All extinguishers shall conform to applicable NFPA Standards.
6.8. Environmental Laws
Each airport user shall comply with federal, state, regional, and local governmental laws, ordinances, regulations, orders, and rules as amended to protect the environment from the direct or indirect impacts to the environment and natural resources due to, or in any way resulting from, the conduct of an airport user during their operations on the airport. Any operator found to be violating any environmental law through the discharge of petroleum products, fuels, batteries, chemicals, or concealment of such will be reported to the appropriate authorities and will also be found in violation of the airport rules and regulations and further subject to the fines and penalties associated with their action. Furthermore, the operator is financially responsible for all cleanup costs as well as any court costs or suits related to such violations.
Each airport user shall indemnify and hold harmless the airport from and against any and all liability for fines and physical damage to property or injury or death to persons, including reasonable expense and attorneys’ fees, arising from or resulting out of, or in any way caused by such airport user’s failure to comply with any law or regulation, now or hereafter promulgated for the purpose of protecting the environment. Each airport user shall cooperate with any investigation or inquiry by any governmental agency regarding possible violation of any environmental law or regulation.
7.0 ENFORCEMENT AND PENALTIES
The airport may take measures at any time, and as may be permitted by law, to enforce these rules and regulations and maintain the control, and the safe operation, of the airport, including but not limited to issuing warning letters to those in violation. Any person violating any of the airport rules and regulations may also be deprived of the use of the airport facilities for such a period of time as may be necessary to be effective in the opinion of the airport manager or their designee. Furthermore, the violator shall be responsible for any fees and penalties in accordance with Ordinance No. 960.
7.1. Cease and Desist Orders
The airport manager, or their designee, may order any person to cease and desist any activities or conduct in noncompliance with the airport rules and regulations, policies, standards, procedures, lease, or other directives.
7.2. Removal From or Denial of Access to the Airport
The airport manager, or their designee, may deny access to or order any person removed from the airport who knowingly fails to comply with a cease-and-desist order. Such violators of cease-and-desist orders will be considered trespassers and removed from the airport property. Removal orders will describe the reasons for and dates on which removal or denial of access will begin and end.
7.3. Appeals of Cease-and-Desist Orders and Access Removal
Any person(s) aggrieved by a decision of the airport manager issuing a cease-and-desist order or removing or ejecting such person(s) from the airport or denying the use of the airport to such person(s) pursuant to this section may appeal such decision to the local governing body. Notification of an appeal of any administrative enforcement action must be made to the airport manager, in writing, within ten (10) calendar days of the date on the airport’s initial notification order and must specify all reasons why the order should be modified or reversed.
7.4. Violation of Federal Rules and Regulations
Any violator of federal law, whether by willful misconduct or negligence, will be immediately reported to the appropriate authorities. If the violator is an airport tenant, they will be deemed in breach of their current contract which could lead to termination thereof.
Said Ordinance having been introduced on the 8th day of January 2024, notice of Public Hearing having been published on the 7th day of February 2024, said Public Hearing having been held on the 12th day of February 2024 with the title having been read and Ordinance considered, on motion by Jim Smith_____, seconded by Scott Wylie____ to adopt the Ordinance. A record vote was taken, and the following result was had:
YEAS: 4
NAYS: 0
ABSENT: 1
This Ordinance was declared duly adopted on this 12th day of February 2024.
/s/Eddy Dahlquist
Eddy Dahlquist,
Chairman of the Council
I hereby certify that the foregoing Ordinance has been presented to the mayor on this 12th day of February 2024, at 5:30 p.m.
/s/Sherri Breaux Sherri Breaux,
Secretary of the
Council and City Clerk
I have reviewed the above and foregoing Ordinance on this 12th day of February 2024 and do hereby Approve same.
/s/Riley Smith
Riley Smith,
Mayor
I hereby certify that I have received from the mayor at 5:30 p.m., on this 12th day of February 2024, the foregoing Ordinance which has been approved by the Mayor.
/s/Sherri Breaux
Sherri Breaux,
Secretary of the Council
and City Clerk
I certify that the above and the foregoing constitute a true and correct copy of an Ordinance duly adopted at a meeting of the City Council of the City of DeQuincy held on February 12, 2024, at which a quorum was present and voted in favor of said Ordinance and said Ordinance has never been modified or rescinded and is still in full force and effect.
Date: 02/12/2024
/s/Sherri Breaux
Sherri Breaux,
Secretary of the Council
and City Clerk
Run: Feb. 28, 2024 (F-5)
