Port of Hood River - Ordinance 23

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Hood River Airport

Port Ordinance 23 (Adopted May 24, 2011)

ORDINANCE NO. 23
AN ORDINANCE REGULATING CONDUCT
AT THE
KEN JERNSTEDT AIRFIELD

WHEREAS, the Port of Hood River, a public authority created pursuant to the laws of the State of Oregon, and owner and operator of Ken Jernstedt Airfield, possesses the authority to adopt ordinances in furtherance of the safety and welfare of the users of Ken Jernstedt Airfield and the general public, and to enforce the provisions of those ordinances;

WHEREAS, increasing use of the Ken Jernstedt Airfield by antique airplane pilots, the need to clarify use procedures for airport improvements, the need to improve safety and requests by the Federal Aviation Administration require the formulation and implementation of the following Ordinance regulating use and activity at Ken Jernstedt Airfield;

NOW, THEREFORE, the Port of Hood River finds and ordains as follows:

SECTION 1. Scope of Ordinance. This Ordinance regulates conduct at the Ken Jernstedt Airfield.

SECTION 2. Definitions. Unless the context requires otherwise, for purposes of this Ordinance the following definitions apply, whether or not capitalized in the Ordinance text:

a. "Alternative Grass Landing Area" or "AGLA" means the grass area at the east end of the Airport and parallel to Runway 7/25 intended to accommodate aircraft landings. The AGLA is not an alternative landing area but an integral part of Runway 7/25. The AGLA is shown on Exhibit 'A' attached hereto and incorporated herein.
b. "AGLA Procedures" means Federal Aviation Administration approved rules that establish use of the AGLA depicted in Exhibit 'D' attached hereto.
c. "Aircraft" means any device that can be used for human flight, other than ultralight vehicles as defined in Federal Aviation Regulation § 103.
d. "Airfield" means any runway, taxi-way and area between a runway and taxi-way, and includes areas extending westerly and easterly beyond any runway and taxi-way, and all other areas used for "aviation activity" as defined below including within the Airport "Runway Protection Zone", as defined by the Federal Aviation Administration.
e. "Airport" means all real property owned or controlled by the Port that constitutes the area commonly known as the Ken Jernstedt Airfield, a public general aviation airport in Hood River County, bounded on the west by Tucker Road and on the east by Orchard Road as shown on Exhibit 'A' attached hereto, and as may be extended hereafter, including any Port structures or fixtures thereon.
f. "Airport Administration Building" means the structure(s) where the FBO conducts business, including areas within an FBO structure designated to be accessible to the general public.
g. "Aviation Activity" means parking, moving, operating, maintaining, modifying or repairing aircraft on the Airport.
h. "Board" means Port of Hood River Board of Commissioners.
i. "Camp" means erecting a tent or shelter, arranging bedding or occupying a parked vehicle, trailer or camper for purposes of, or in such a way as will permit, sleeping or remaining overnight.
j. "Commercial Activity" means any Aviation Activity which originates at the Airport, is made available to the general public or involves two or more persons or entities, and is undertaken for profit or personal financial gain, irrespective of where or when payment occurs. Payment includes all forms of compensation, including financial, trade and donations.
k. "Commercial Access Agreement" means a Port written agreement whereby the Port authorizes a person to engage in Commercial Activity and to come onto and leave the Airport at a particular location in an aircraft or motor vehicle, under specified terms and conditions.
l. "Commercial Glider Operator" means a person or business that is authorized by the Port to provide glider services to the public as a Commercial Activity.
m. "Concession Agreement" means a fully executed written agreement between the Port and a person or business entity authorizing the use or establishment of facilities for Commercial Activity and setting forth the terms and conditions under which the Commercial Activity may take place.
n. "Executive Director" means the person the Board has appointed to act as the general manager of all Port operations.
o. "FAA" means the Federal Aviation Administration.
p. "FARs" means Federal Aviation Regulations which are regulations implemented by the FAA governing aviation activity within the United States and are designed to promote aviation safety and the safety and welfare of the general public.
q. "FBO" means the Fixed Base Operator who may be a Port employee, or may be a commercial entity or person having an agreement with the Port to manage aspects of Airport operations and conduct certain Commercial Activity including aircraft maintenance, instruction and retail sales and may be the authorized representative of the Port under designated circumstances; the FBO shall include owners or employees of the FBO or FBO contractors permitted by the Port to perform FBO functions.
r. "Glider" means a heavier-than-air aircraft, that is supported in flight by the dynamic reaction of the air against its lifting surfaces and whose free flight does not depend principally on an engine.
s. "Glider Flight Activity" means final preparation of a glider for launch prior to takeoff, moving a glider to a takeoff location, and moving a glider away from the area where a glider has landed.
t. "Glider Operations Area" means the Airport area shown on Exhibit 'A' attached hereto and on Exhibit 'B' and Exhibit 'C' attached hereto and incorporated herein where gliders are prepared for launching, brought after landing, and temporarily parked during glider flight activity.
u. "Glider Support Area" means that Airport area shown on Exhibit 'A', Exhibit 'B' and Exhibit 'C' attached hereto where all persons not directly involved in Glider Flight Activity but interested in observing Glider Flight Activity, gather; where recreational glider pilots meet immediately prior to launch; and where Commercial Glider Operators meet with customers to transact business, including registering customers for glider flights. Glider Flight Activity is prohibited in the Glider Support Area.
v. "Glider Trailer" means any vehicle used to transport and/or store a Glider.
w. "Limited Access Areas" means those areas of the Airport the Port has made available to tie down aircraft or to provide access to T-Hangars for use by Airport tenants or persons moving aircraft, shown on Exhibit 'A' attached hereto and incorporated herein.
x. "Motor Vehicle" means a motorized device capable of being used on a street, roadway or path.
y. "No Access Areas" means those areas where no pilot or public access is permitted unless a legal right exists, because the areas are leased for Commercial Activity, are used for Port purposes, or contain critical weather-related apparatus, shown on Exhibit 'A' attached hereto.
z. "NOTAM" (Notice-To-Airmen) means a notice containing timely information on unanticipated or temporary changes to components of hazards in the National Airspace System (NAS). Component changes may pertain to facilities, services, procedures or hazards in the NAS. A NOTAM provides information that becomes available too late to publish in the associated aeronautical charts and related publications. The NOTAM system is not intended to be used to impose restrictions on airport access for the purpose of controlling or managing noise, or to advertise data already published or charted.
aa. "Official Sign" means all signs, signals, markings, devices and placards placed, erected or provided by the Port for the purpose of guiding, directing, warning or regulating aircraft, motor vehicle traffic or personal conduct.
bb. "Peace Officer" means a peace officer appointed by the Port pursuant to ORS 777.190, or a peace officer as defined in ORS 161.015.
cc. "Port" means Port of Hood River.
dd. "Port Tenant" means any person or business that has entered into a lease or rental agreement with the Port or FBO including renting T-Hangars, Tie-Downs or commercial properties at the Airport.
ee. "Recreational Glider Pilot" means an individual that engages in Glider Flight Activity for personal use without receiving compensation of any kind for use of the Glider or for acting as a Glider pilot or instructor.
ff. "Restricted Access Areas" means an aircraft runway, all taxi-ways, and areas within 150 feet of a runway or taxi-way at the Airport, shown on Exhibit 'A' attached hereto.
gg. "Tow Plane" means any aircraft used to launch a glider.
hh. "UNICOM" (Universal Communications) means a ground-to-air radio communication station that may provide airport advisory information to aircraft pilots and persons involved with aviation activity.
ii. "Ultralight" is any vehicle meeting the definitions set forth in FAR Part 103.1.

SECTION 3. Commercial Activity. No person shall engage in any Commercial Activity at the Airport without the prior approval of the Port, under the terms and conditions prescribed by the Port.

When the Port determines that a person proposes to engage in Commercial Activity at the Airport in the future, the Port may grant that person permission to do so, may issue a Concession Agreement, may require the person to enter into a lease or may deny permission to do so.

3.1 Minimum Commercial Standards.

The Port will determine whether a specific Commercial Activity will be allowed at the Airport based on the following standards ("minimum commercial standards"), and may also consider other relevant criteria, including, but not limited to, whether facilities or capacity exists for the proposed use.

a. The Commercial Activity will not negatively impact the safety of the public, or airport operations, and/or convenience at the Airport.
b. The Commercial Activity will comply with federal, State and local laws and regulations, this Ordinance 23 and Port regulations governing conduct at the Airport.
c. Fair market compensation will be paid to the Port for the use and privilege of the Commercial Activity.
d. The Commercial Activity owner/operator has demonstrated a history of safe operations and is not in violation of any Port agreements or contracts.
e. The Commercial Activity owner/operator will provide proof of sufficient insurance to the Port with coverage consistent with the anticipated activity and naming the Port as additional insured. Tenants of the Airport shall provide insurance in such coverages as may be agreed upon between the Port and the tenant, which insurance provisions shall be made applicable to any subtenants on tenant's leased property. In the absence of a contractual provision, Airport tenants and subtenants shall maintain liability insurance in a company or companies rated in the current edition of Bests General Ratings as at least A (excellent) and financial size category of not less than Class X or in such other company or companies not so rated which may be acceptable to the Port, insuring tenant against all claims for damages for bodily injury, including death, and against all claims for damage and destruction of property which may arise by the acts or negligence of the tenant, its agents, employees or servants, or by any means of transportation whatsoever including owned, non-owned and hired motor vehicles, to the extent of at least the minimum required insurance limit required by the Port. The Port shall be provided with a certificate of insurance to conform compliance with this requirement.
f. The commercial owner/operator will employ personnel with the necessary experience and training to provide for the efficient, safe, and orderly compliance with its lease, agreement, or permit obligations. Personnel shall meet all federal, State, and local training and certification requirements applicable to the commercial activities.

3.2 Application of Minimum Commercial Standards.

Minimum standards for Commercial Activity shall be deemed to be a part of each lease, license, permit or agreement, unless any such provisions are expressly waived or modified by the Port in writing. The omission of any particular part of these minimum commercial standards in a lease, license, permit or agreement shall not constitute a waiver or modification of the standard unless the document expressly states that the Port waives application of that standard.

3.3 Waivers or Modifications.

The Executive Director may waive or modify any portion of these minimum commercial standards for the benefit of a governmental agency or non-profit organization performing public services, fire protection or an emergency response operation.

SECTION 4. Littering. No person shall litter at the Airport. Littering is defined as the dumping, throwing, placing, depositing or leaving, or causing to be dumped, thrown, deposited or left any refuse of any kind or any object or substance which tends to pollute, mar or deface.

SECTION 5. Fireworks. No person shall ignite fireworks or similar incendiary devices of any kind at the Airport whether legally allowed in Oregon or not.

SECTION 6. Animal Control. No person shall allow a domestic animal which the person owns or for which he or she is caring to be on the Airport unless the animal is on a leash and under the person's control at all times.

SECTION 7. Camping. No person shall camp at any time on the Airport unless the person has written permission to do so from the FBO or Port.

SECTION 8. Hunting. No person shall discharge firearms, hunt, or attempt to trap animals on the Airport unless the person has received written permission to do so from the Port.

SECTION 9. Fires. No person shall build or attempt to build a fire on the Airport.

SECTION 10. Access Prohibitions. No person shall be on any portion of Limited Access Areas, Restricted Access Areas or No Access Areas unless one or more of the following conditions are met:

a. In the Limited Access Areas they are a Port tenant or an invited guest of a Port tenant, a pilot with a legal right to use an aircraft located at the Airport, or an invited guest under the direct supervision of a pilot who has a legal right to use an aircraft located at the Airport.
b. In the Restricted Access Areas they are a pilot in command of an aircraft or guests of the pilot and under the direct supervision of the pilot in command of an aircraft.
c. In the No Access Areas they are a Port tenant authorized by the Port to be there or an invited guest of a Port tenant authorized to be there.
d. They have permission from the Port or the FBO to be there.
e. They are a Port employee or FBO, or a Port or FBO contractor with permission to conduct authorized business and are doing so.
f. In the case of an emergency requiring access.

SECTION 11. Aircraft Access to Airport. Unless the Port or FBO grants prior permission otherwise, no person shall bring an aircraft onto the Airport unless they are landing the aircraft, are traveling across an existing Port aircraft access easement, are traveling through an approved access corridor under a Commercial Access Agreement, or in an emergency. No person shall bring an aircraft onto the Airport on or within a trailer unless the person obtains prior permission from the Port or FBO to do so, or, in the event the Port or FBO are unavailable, check-in at the earliest reasonable opportunity, to determine Airport use rules.

SECTION 12. Aircraft and Glider Storage. No person shall tie down or in any other way attach any aircraft or glider to the Airport unless they use Port approved tie-down equipment and they have received permission of the Port or the FBO. No person shall store or park an aircraft that is not tied down or in a hangar for more than twenty (20) minutes in Restricted Access Areas without permission of the Port or the FBO. Every person using the Airport for aircraft storage or tie-down parking of aircraft shall, at the time specified, pay to the FBO such fees as shall from time to time be fixed in the manner set forth by the Port; provided that the Port may waive any storage or tie-down fees for aircraft in connection with authorized air shows and fly-ins. T-hangar rentals shall require a written agreement between the proposed tenant and the Port in a form to be determined by the Port.

SECTION 13. Motor Vehicles.

a. Parking.
(1) Motor vehicles may be parked on paved areas immediately adjacent to the FBO building and on the shoulder of Airport Road.
(2) No person shall park a motor vehicle in Restricted Access Areas without receiving prior written permission from the FBO or Port to do so, or unless necessary because of an emergency.
(3) No person shall park a motor vehicle in Limited Access Areas without FBO or Port permission to do so or unless necessitated by an emergency; or are a Port tenant, with permission to park a motor vehicle near their leased space; or are an invited guest of a Port tenant and have permission to park a motor vehicle near a rented space or near a hangar leased by the person who invited them as a means of access to aircraft or a T-hangar. The foregoing notwithstanding, no person shall park a motor vehicle within Limited Access Areas for a period longer than eight consecutive hours unless the person has received prior permission to do so from the FBO or Port, and the person displays a parking permit issued by the Port in plain view on the dashboard of the parked motor vehicle.
(4) No person shall park a motor vehicle in No Access Areas unless they are a Port tenant authorized to park there, an invited guest of a Port tenant authorized by the Port to park there, or a Port employee.
b. Motor Vehicle Speed; Warning Lights.
Except on Airport Road, no person shall operate a motor vehicle at a speed in excess of 15 miles per hour on the Airport. No person shall move a motor vehicle within the Restricted Access Area or No Access Area unless the motor vehicle utilizes a clearly visible yellow beacon or yellow flashing lights to alert persons at the airport and aircraft pilots that the motor vehicle is present.

SECTION 14. Airport Administration Building Use. No person shall use the Airport Administration Building in violation of any regulation adopted by the Port. Regulations governing use of the Airport Administration Building now in effect are attached to this Ordinance. These regulations may be rescinded or modified at any time in the same manner as other Port regulations, as provided in this Ordinance. (See Exhibit 'E' attached hereto.)

SECTION 15. Gliders. No person shall engage in glider operations or in conduct at the Airport that violates any of the following provisions of this Section 15.

15.1 - General.

a. All Gliders and tow planes shall be operated in conformance with FAA and AGLA regulations and the rules set forth in this Ordinance.
b. The Port or FBO may suspend or restrict Glider Flight Activities at any time for reasons of safety including, but not limited to, weather, construction, firefighting operations, maintenance, etc. whenever they deem such action to be necessary. No person shall engage in Glider Flight Activity that violates any of the terms of such a suspension or restriction.
c. No person who owns or controls a Glider shall store or park the Glider in the Restricted Access Areas for more than twenty (20) minutes unless an emergency exists, written permission is obtained from the Port or FBO, or unless permitted by the terms of a concession agreement.
d. No person shall engage in any form of ground towing to launch a Glider at the Airport, other than using a tow plane connected to the Glider, unless the person has written permission from the Port or the FBO to do so, or it is permitted by the terms of a concession agreement.

15.2 - Glider Support Area.

a. The Glider Support Area shall be the only Airport area used by Commercial Glider Operators for customer orientation and registration, waiting customers and observers, and shall be the only Airport area from which customers are transported to the Glider Operations Area.
b. Unless the Port gives written permission otherwise, the Glider Support Area shall be the only Airport area used by Recreational Glider Pilots, by their glider passengers, and by persons assisting a Recreational Glider Pilot to orient passengers and glider assistants, and shall be the only Airport area from which Recreational Glider Pilots, their passengers and assistants are transported to the Glider Operations Area.
c. No person shall place any canopies, picnic tables or other items intended for use by persons involved with or observing Glider Flight Activity in the Glider Support Area other than a person who has received written permission to do so from the Port.
d. No person shall park a motor vehicle within the Glider Support Area unless located at a place designated for public parking by an official sign, or unless the vehicle has been registered with a Commercial Glider Operator and the motor vehicle is parked in a location within the Glider Support Area designated for parking under a Concession Agreement.
e. Unless the Port gives written permission, all visitors of a Recreational Glider Pilot intending to launch a Glider, their passengers and assistants, shall only meet at or near the FBO Building and be transported to the Glider Support Area along the route shown on Exhibit 'C' attached hereto, prior to entering into the Glider Operations Area.

15.3 - Glider Operations Area.

a. Unless the Port gives written permission otherwise, the Glider Operations Area shall be the only Airport area used by Commercial Glider Operators and Recreational Glider Pilots, glider passengers and persons assisting them to provide a safety briefing, pre-flight orientation, to answer questions about glider launching and flight, and make final preparations for a Glider to be launched.
b. No person shall remain in the Glider Operations Area after completing a Glider ride longer than necessary to remove the Glider that has landed from the Glider Operations Area, or in the case of passengers longer than necessary to be transported to the Glider Support Area, unless specifically permitted to do so by the FBO or unless the Port gives written permission to do so.
c. No person shall place any objects within the Glider Operations Area except tow planes, Gliders, and equipment necessary for conducting safe glider operations.

15.4 - Glider Launching.

a. Standard Soaring Society of America (S.S.A.) procedures now or hereafter adopted applicable to Glider Flight Activity on land shall be used by all glider pilots, and their assistants, before a Glider is launched and after a Glider has landed, including using appropriate hand signals.
b. No Commercial Glider Operator or Recreational Glider Pilot or person assisting a Commercial Glider Operator or Recreational Glider Pilot to launch a Glider shall launch a Glider when there is a motor vehicle or aircraft in the area that may cause a risk of damage to the Glider or the motor vehicle or other aircraft. Each Glider pilot and person assisting a Glider launch shall assure that a Glider departure will not conflict with aircraft that are taxiing, taking-off or landing.
c. Each pilot who is towing a Glider to launch it shall announce their departure on UNICOM frequency prior to take-off roll.
d. Each Glider pilot who takes off from the Airport shall cause their Glider to be launched from the main runway 7/25.
e. Only a tow plane shall be used to launch a Glider, unless the Glider pilot has written permission from the Port, or is permitted by the terms of a Concession Agreement, to do so.
f. No person shall engage in any form of Glider towing prior to launching a Glider at the Airport other than using a tow plane or motor vehicle operated in conformance with § 13.b. of this Ordinance, unless the person has written permission from the Port or FBO, or is permitted by the terms of a Concession Agreement, to do so.

15.5 - Glider Landing.

a. Glider pilots shall land Gliders only on the AGLA or main runway 7/25, unless otherwise required by emergency conditions.
b. Glider pilots and persons who aid in the management of Gliders after landing shall comply with requirements governing activities for use of the AGLA in Section 17 of this Ordinance.

SECTION 16. Ultralights.

16.1 - General Rules.

a. All ultralight vehicles shall be operated in conformance with FAA and AGLA regulations and the rules set forth in this Ordinance.
b. The Executive Director may suspend or restrict any or all ultralight operations for reasons including, but not limited to, safety and/or adverse weather conditions whenever such action is deemed necessary;
c. The Executive Director or his or her duly authorized representative shall at all times have the authority to take such action as he or she may deem necessary for safety of operations and to safeguard the public at the airport.

16.2 - Ultralight Operations.

a. All ultralight flight operations shall be conducted from such areas as are designated by the Executive Director
b. All ultralight ground support activities shall be conducted only in areas designated by the Executive Director.
c. All ultralight fixed base operators shall have the duty at all times to carry out the provisions of this Ordinance and any other applicable regulations with respect to admission and control of children, pets and nonflying observers to or at areas where ultralights are in operation.
d. Ultralight operations shall be conducted only during daylight hours and during Visual Flight Rule weather conditions as prescribed by the FARs. Any differing specification shall be made only by the Executive Director and be consistent with this Ordinance and other applicable rules and regulations.

16.3 - Ultralight Safety.

a. Ultralight pilots shall be familiar with local Instrument Flight Rule procedures and with the nonstandard patterns flown by aircraft operating Instrument Flight Rule or practicing Instrument Flight Rule operations.
b. Ultralight pilots shall be aware of the effect of wake and helicopter rotor turbulence upon ultralight aircraft and aware of the proper separation criteria to be observed.
c. Each ultralight operator must demonstrate to the Executive Director or his or her authorized representative the pilot's knowledge of the safe and orderly operation of the ultralight, the designated area within which the ultralight may be operated, and the flight rules and procedures applicable to the ultralight, and that the pilot has the requisite capability to operate the ultralight in a safe and orderly manner.
d. Each ultralight operator shall be responsible for determining the safe operating condition of the ultralight and that it is equipped with a proper operating and accurate altimeter.

SECTION 17. Aircraft Activities. No person shall engage in conduct at the Airport that violates any of the following provisions of this Section 17.

17.1 - No Simultaneous Aircraft Operation.

a. All pilots shall comply with applicable FARs and AGLA Procedures.
b. No pilot shall move an aircraft or cause an aircraft to be moved on the AGLA runway if another aircraft is on or will be imminently landing on the primary runway or the AGLA runway.
c. No pilot shall move an aircraft or cause an aircraft to be moved on the Airport taxi-way north of the primary runway if another aircraft is on that taxi-way, on the AGLA runway, or if a landing on the AGLA is imminent.

17.2 - Landings.

a. All pilots shall comply with applicable FARs and AGLA Procedures on landing.
b. Pilots intending to use the AGLA shall monitor UNICOM prior to and after landing their aircraft if it is equipped with a UNICOM radio.
c. A pilot, with a radio onboard an aircraft, who intends to land on the AGLA, shall declare that intention to land on the AGLA by radio prior to landing.
d. A pilot may land an aircraft on the AGLA only when no other aircraft or other activities are occurring or present on either the paved runway or the taxiway.
e. An aircraft pilot on the AGLA shall exit onto the north parallel taxi-way as soon as safely possible.
f. Any person who assists with removing a Glider from the AGLA after landing shall remain outside the Restricted Access Areas until the Glider has safely landed and stopped moving.
g. Any person who assists with removing a Glider from the AGLA shall comply with FAA procedures and Port rules applicable to use of the AGLA.

17.3 - Departures.

a. All pilots shall comply with applicable FARs and AGLA Procedures on departure.
b. Pilots of aircraft with radios shall declare the intention to taxi on the north parallel taxi-way and complete a thorough visual review of ground and air traffic before crossing the taxi-way hold line.
c. Pilots shall keep aircraft at the designated taxi-way hold line until all traffic on Airport runways or taxi-ways is clear.

SECTION 18. Official Signs. No person shall engage in any conduct in violation of instructions appearing on an Official Sign at the Airport.

SECTION 19. Use of Port Electricity. No person shall connect an electrical device of any kind to a Port electrical power outlet or in any other manner use electricity supplied to the Port at the Airport without Port permission.

SECTION 20. Fees. No person shall refuse nor neglect to pay when due a fee or charge established by the Board or Executive Director for use of Airport Property, Airport facilities or Port or FBO services provided at the Airport.

SECTION 21. Port Regulations. The Board may adopt regulations which define or regulate conduct at the Airport in furtherance of the provisions of this Ordinance, or which otherwise prohibit or limit conduct at the Airport. Each such regulation shall be enacted after publication of a Board meeting agenda that includes a reference to a regulation or regulations to be considered at the Board meeting. The public will have an opportunity at the Board meeting to obtain a copy of the proposed regulation(s) and to comment on the regulation(s) prior the Board adopting a regulation. Each adopted regulation shall be in writing, be dated and be on file for public inspection at the Port business office during Port business hours. If a person violates any provision of an adopted Port regulation the person will be deemed to have violated this Ordinance, and shall be subject to the same penalties as for a violation of a provision of this Ordinance.

SECTION 22. Port Permission. A person may act in a manner which would otherwise violate a provision of this Ordinance if in furtherance of a Port objective the person is given permission to do so by the Board, Executive Director, or a Port employee with authority to grant such permission. If permission is given under this section the permission shall only apply to a particular time or event; such permission shall not be considered ongoing unless explicitly stated as applying to a future date or dates or a future event or events.

SECTION 23. Penalties. Any person who violates a provision of this Ordinance shall be subject to a fine not to exceed $250.00.

a. Each violation of a separate section of this Ordinance shall constitute a separate offense;
b. Each time a separate violation of this Ordinance is committed shall constitute a separate offense;
c. The maximum penalty for a violation of this Ordinance shall not exceed the maximum penalty prescribed for violation of a substantially similar offense prescribed by the Oregon Revised Statutes now or hereafter in effect.

SECTION 24. Enforcement.

a. The Board appoints the Executive Director and the Port Maintenance Supervisor, as Peace Officers who shall have the same authority, for the purpose of the enforcement of the provisions of this Ordinance, as other peace officers;
b. All Peace Officers shall have the authority to enforce the provisions of this Ordinance and to issue citations for the violation of any section of this Ordinance;
c. Any person who is issued a citation for the violation of any section of this Ordinance must appear in Hood River County Circuit Court on the date and time listed on the citation, or in such other court in Hood River County with jurisdiction over the matter as stated on the citation.

SECTION 25. Right of Removal.

a. No person shall remain at the Airport after being asked to leave the Airport by a Peace Officer if they believe the person being requested to leave has violated or intends to violate any provision of this Ordinance.
b. No person shall cause or allow their personal property to remain at an Airport location after a Peace Officer has asked the person to remove or relocate the personal property.
c. The Port shall have the right to tow a motor vehicle parked at the Airport and to store the motor vehicle at a location away from the Airport at the expense of the owner of the motor vehicle if the motor vehicle is parked in violation of any provision of this Ordinance or a Port regulation.

SECTION 26. Severability. This Ordinance and the regulations adopted pursuant hereto will be liberally construed to effectuate the purposes of this Ordinance. Each section, subsection or
other portion of this Ordinance shall be severable; a finding of the invalidity of any section, subsection, or other portion shall not invalidate the remainder.

SECTION 27. Declaration of Emergency. This Ordinance is being enacted to protect the health and safety of persons who use the Airport, and the general public, to promote the orderly use of the Airport, to protect Port property, and to promote compliance with FAA rules and policies. Because it is important to reduce risks of harm to persons and property associated with Airport use as soon as possible due to increasing Airport use in spring and summer, and because
the FAA has requested the Port to enact an ordinance regulating certain Airport activities, therefore, an emergency is declared to exist. This Ordinance shall take effect immediately upon passage.

Read on: May 24, 2011.

Passed on this 24th day of May, 2011, by the Port of Hood River Board of Commissioners.

PORT OF HOOD RIVER

Hoby Streich
President

ATTEST:
M. Halseth
Recording Secretary