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Purpose
The purpose of these rules and regulations (hereinafter referred to as the “Rules and Regulations”) is to provide for the efficient and safe operation of the Possum Kingdom Airport (hereinafter referred to as the “Airport”); and to provide the greatest service for the citizens of Possum Kingdom Lake and the aviation public. These Rules and Regulations are adopted by the Board of Directors of the Brazos River Authority (“BRA”).
The definition of "Airport", "aircraft", "airplane", and other common terms used herein is as defined in Part 1, Code of Federal Regulations, Title 14, Aeronautics and Space. Ultralight refers to aircraft that fall within the description given in FAR Part 103. "Airport" with a capital refers to the specific airport for which these rules are adopted. “TxDOT” herein refers to the Texas Department of Transportation, Aviation Division. “FAA” herein refers to the Federal Aviation Administration.
Federal Grant Assurances
Upon receiving federal and/or states funds, the BRA is obligated to ensure that the Airport will be operated and maintained safely and efficiently in accordance with contractual conditions known as the FAA Grant Assurances. Full text of each assurance can be found on the FAA website.
Exclusive Rights
In accordance with the FAA Grant Assurance 23, the granting of rights or privileges to engage in activities shall not be construed in any manner as affording any entity an Exclusive Right, other than the exclusive use of the land and/or improvements that may be leased to an entity and then only to the extent provided in an agreement.
However, an airport sponsor may elect to provide certain activities directly (i.e., products, services, and facilities can be provided by the sponsor utilizing its own resources and its own personnel) in which case, the airport sponsor can exercise its proprietary Exclusive Right – as allowed in the Assurances.
Use of Airport Restricted
No person, partnership, firm, association, corporation or entity, incorporated or otherwise, shall use the Airport for any commercial activity, unless approved by a written permit from the BRA or its duly authorized agent.
Airport Manager
The BRA shall appoint an Airport Manager to oversee the operation of the Airport and its facilities. The Airport Manager is hereby granted authority to implement and enforce these Rules and Regulations and any other applicable laws, statutes, rules, regulations, ordinances, or guidelines.
General Rules and Regulations
The following Rules and Regulations shall be observed in the use and operation of the Airport:
Federal Air Traffic Rules
It shall be prohibited for any person to navigate, land, fly, service, move, maintain or repair any aircraft or conduct aviation activities, upon, on or from the Airport unless they are in compliance with current, applicable FAA rules and regulations established under federal authority. FAA air traffic rules and regulations applicable to aircraft operated in the United States are hereby adopted and incorporated herein.
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.
Minimum Operating Standards
Prior to commencing any activities at the Airport, all persons shall comply with all applicable requirements concerning such activities as are set forth in these Rules and Regulations.
Safeguard of Persons and Property
The Airport Manager shall at all times have authority to take necessary and legal actions to safeguard any person, aircraft, equipment, or property at the Airport.
Through-the-Fence Operations
No private individual, partnership, FBO, company, or corporation shall be permitted direct ground access to the Airport by their aircraft, customers’ aircraft, or private vehicle from property adjacent to or in the immediate vicinity of the Airport without prior written approval from the BRA. Furthermore, no private individual, partnership, company, corporate, or customers’ aircraft or vehicle shall be permitted direct ground access to property from the Airport – a practice commonly known as a “through-the-fence operation” without prior coordination with TxDOT.
Lien for Charges
To enforce the payment of any charge for repairs, improvements, storage, or care of any personal property by the BRA or its agents in connection with the operation of the Airport, the BRA may place a lien upon such personal property, which shall be enforceable as provided by law.
Lien Possessory Right
To enforce the payment of any such charge, the BRA may retain possession of such personal property until all reasonable, customary, and usual compensation has been paid in full.
Unauthorized Signs and Equipment
No signs, non-aeronautical equipment, portable buildings, or trailers may be erected, moved-in, or installed on Airport property, except as may be specifically authorized by the Airport Manager.
Surreptitious Activities
Any person observing suspicious, unauthorized or criminal activities should report such activities immediately to the Airport Manager, local police, officers of the Texas Department of Public Safety, and the Transportation Security Administration General Aviation Information Hotline at 1-866-GA-SECUR (1-866-427-3287).
Wrecked Aircraft
Every aircraft owner, his/her pilot or agents, shall be responsible for notifying the FAA and promptly removing disabled or wrecked aircraft from the operational areas of the Airport, under the direction of the Airport Manager.
In the event the aircraft owner fails to arrange for the prompt removal of said aircraft, the Airport Manager may, within his/her discretion, have the aircraft removed as they deem necessary, with such removal being at the expense of the aircraft owner, his/her pilot or agents. The BRA and its employees and agents shall be without liability for damages which may result in the act of such movement or removal.
Abandoned Aircraft
Abandoned aircraft shall be disposed on in accordance with Texas Transportation Code 22.901.
Repairs to Aircraft
No aircraft shall be repaired on any part of the landing or takeoff area unless the repair is required to move the aircraft so that it minimizes damage to the aircraft and/or Airport property.
Preventive maintenance authorized by FAR Part 43 may be made by the owner or operator of any aircraft, but only within a hangar leased by that aircraft owner or operator or at places designated by the Airport Manager for such purpose.
Major engine, airframe, or avionics repairs shall be conducted by a properly licensed mechanic or other person authorized by the FAA.
Damage to Airport
No person shall destroy, deface, injure or disturb in any way Airport property or conduct at the Airport activities that are injurious, detrimental or damaging to Airport property or to activities and business of the Airport. Any person causing or liable for any damage shall be required to pay the BRA, or applicable Hangar Lessee, on demand the full cost of repairs. Any person failing to comply with this section shall be in violation of these regulations and may be refused the use of any Airport facility until the BRA, and/or applicable Hangar Lessee has been fully reimbursed for damage done.
Injury to Person
Persons entering the Airport groundside property by automobile, other vehicular conveyance, or on foot (does not include persons in aircraft using approved airside facilities) do so at their own risk and with no liability incurring to the BRA for any injury or damage to person or property. Further, any person desiring to use the Airport shall observe and obey all laws, resolutions, orders, rules, and regulations promulgated and enforced by the BRA or by any other Authority having jurisdiction over the operation of the Airport.
Licensed Pilots
Only aircraft with current and correct FAA Certificates of Registration and Airworthiness and persons holding valid and current airman and medical certificates issued by the FAA, for those flight operations requiring medical certificates, shall be authorized to operate aircraft upon the Airport except as provided in these Rules and Regulations.
Ultralights operating under FAR part 103 do not require aircraft registration, pilot certificates, or medical certificates.
This limitation shall also not apply to students-in-training under licensed instructors or to public aircraft of the Federal government or of a State, Territory, or political subdivision thereof, or to aircraft licensed by a foreign government with which the United States has a reciprocal agreement covering the operation of such licensed aircraft.
Use of the Airport by ultralight aircraft and light sport aircraft in the weight shift control and powered parachute class shall be in accordance with FAA Order 5190.6 (latest change) and appropriate FARs Part 61 and 103 and any other rules established by the BRA.
Animals
No person shall enter the Airport with a dog, cat, or other animal unless the animal is, and remains, restrained by a leash or properly confined as determined by the Airport Manager. Nothing in these Rules and Regulations shall serve to prohibit or interfere with possession and use of service animals in accordance to state and federal laws.
Living Quarters
No person may make permanent living quarters on Airport property. Exceptions to this rule for cause, such as Airport Manager or security personnel, will be coordinated with TxDOT.
Intoxicants and Narcotics Prohibited
No person under the influence of any intoxicant, narcotic, or other illicit drug shall operate or fly in any aircraft to or from the Airport. Such prohibition shall not apply to a passenger under the care of a medical doctor and accompanied by a doctor, nurse, or caretaker.
Foreign Objects
No foreign objects, including plastic bags, bottles, cans, scrap, nuts, bolts, nails, or any object that may cause damage to an aircraft, shall be left upon the floor of any building or upon any part of the surface area of the Airport. Individuals are encouraged to pick up such foreign objects when observed and place them in a trash receptacle.
Litter
No boxes, crates, cans, bottles, paper, unusable airplane parts or wreckage, scrap wood or metal, discarded airplane or automobile tires, trash, or other litter shall be permitted to accumulate in or about a hangar, building, or other leased space. If such trash and litter is permitted to accumulate around a hangar/building, the Airport Manager shall notify the hangar/building owner, renter or lessee by registered letter to remove the offending litter. If within ten (10) work days after receipt of the letter the hangar/building owner, renter, or lessee has not removed the trash and litter as directed, the Airport Manager may have the area cleaned and the cost for such cleaning shall be charged to the hangar/building owner, renter, or lessee.
Hunting and Fishing
No person may fish, hunt, trap, or kill any fish, bird, or animal on the airport, except as authorized by the Airport Manager.
Loitering
No person may loiter on any part of the Airport or in any building on the Airport property. Any person who shall refuse to comply with a proper request to leave Airport property shall be considered a trespasser.
Aircraft Cleaning
Cleaning of aircraft, aircraft parts, or other equipment shall be accomplished with nonflammable cleaning agents if possible and otherwise subject to all provisions of these Rules and Regulations. When flammable materials must be used, only liquids having flash points in excess of 100 degrees Fahrenheit shall be used, and special precautions shall be taken to eliminate ignition sources.
Ground Operations
Air, Ground & Vehicular Traffic
No person shall operate a vehicle on the Airport except in accordance with the following rules, and all federal, state, and local law:
A. Vehicular traffic at the airport shall be confined to roads and avenues of passage provided for that purpose.
B. All vehicles operated on Airport property shall have vehicle liability insurance.
C. All vehicles shall be parked in spaces designated for vehicle parking.
D. Unoccupied vehicles shall not be parked in aircraft tie down areas.
E. All vehicles shall yield right of way to aircraft in motion and emergency vehicles.
F. No vehicle except ground service and emergency vehicles shall approach so close to any aircraft with running engine(s) as to create a hazard.
G. To the extent an access gate is present, all vehicles entering or exiting an operating 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 any other vehicle.
H. Any vehicle authorized to operate on the Airport runways or taxiways shall display a rotating or steady beacon that complies with FAA Advisory Circular 150/5210 (latest change).
I. All vehicles authorized to access the taxiways or runways are required to monitor the published Common Traffic Advisory Frequency (CTAF) for the Airport, and have the ability to communicate with aircraft via a two-way aviation radio.
J. The Airport Manager may cause any vehicle which is disabled, abandoned, or parked in violation of these rules, to be removed to the lot of a licensed tow truck company at the owner’s expense without liability for damage which may result in the course of such moving.
Speed Limits
The maximum speed limit for all vehicles in the airside area, with the exception of authorized BRA vehicles in the performance their official duties, is fifteen (15) miles per hour, unless posted otherwise.
Airport Security
Security
The Airport uses the Transportation Security Administration publication “Security Guidelines for General Aviation Airport Operators and Users” (July 30, 2025), or most recent version as a guideline to security on the Airport and is incorporated as a working document. The publication is available for reference on the TSA website.
In addition, all persons shall comply with any additional security requirements as may be adopted or required by BRA from time to time.
Access Codes
To the extent an access gate is applicable, persons who have been provided a code for the purpose of obtaining access to the Airport shall not divulge, duplicate, or otherwise distribute the same to any other person, unless otherwise approved in writing by the Airport Manager.
Aircraft Operation Rules
Aircraft Tie Downs
A. All aircraft not hangered shall be tied down and additionally should have the wheels chocked when remaining overnight and during inclement weather.
B. All aircraft owners or their agents are responsible for the tie down or security of their aircraft at all times and particularly during inclement weather.
Running Aircraft Engines
A. Aircraft not equipped with adequate brakes shall not be started until the wheels have been set with chocks attached to ropes or other suitable means of removing them.
B. No aircraft will be left running without a qualified person at the controls.
C. No aircraft engine shall be started or run inside any building or hangar.
D. No engine shall be started, run up, or warmed up until and unless the aircraft is in such position that the propeller stream or jet blast will clear all buildings, other aircraft, and groups of people.
Damage to Airport Lighting
Any person damaging any runway, ramp, or taxiway light or fixture by operation of aircraft or otherwise, shall immediately report such damage to the Airport Manager. Persons causing damage to runway and taxiway lights as a result of negligent operation or willful acts will be liable for replacement cost of the light(s) and/or fixture(s) and may be charged with a misdemeanor as provided in the Penalty for Violation section of this order.
Taxiing Aircraft
A. Aircraft shall be taxied at a safe and prudent speed and in such a manner as to be under the control of the pilot in command at all times.
B. No person shall taxi an aircraft until it is reasonably ascertained there will be no danger of collision with any person or object in the immediate area.
C. Aircraft not equipped with adequate brakes will not be taxied near buildings or parked aircraft unless an attendant (wing-walker) is at a wing of the aircraft to assist the pilot.
D. Aircraft shall not be taxied by engine power into or out of any hangar.
Parking Aircraft
A. Unoccupied aircraft shall not be parked or tied down within any protected area (object free area, runway safety area, etc.) as described in FAA AC 150/5300-13 (latest change) and all aircraft not hangered shall be parked in the areas designated for that purpose.
B. Aircraft shall not be parked in such a manner as to hinder the normal movement of other aircraft and traffic unless specifically authorized by the Airport Manager as an emergency measure.
C. It is the responsibility of the pilot in command when leaving a parked aircraft unattended to see that the brakes are set and/or it is properly chocked and/or tied down.
Loading and Unloading Aircraft
Loading or unloading aircraft with the engine running is prohibited.
Authority to Suspend Operations
The Airport Manager may suspend or restrict any or all operations whenever such action is deemed necessary in the interest of safety.
Takeoffs on Other than Runways
Takeoffs or landings shall not be made on the apron, parking ramp, taxiway, or any area other than designated runways by airplanes, gyroplanes, powered lift, balloons, airships, ultralights, or light sport aircraft except by prearranged permission from the Airport Manager. Helicopters may operate to and from designated helicopter landing areas.
Takeoffs
Takeoffs Allowed, Non-Towered Airports – Low approach, full stop, touch and go, or stop and go landings may be made at the discretion of the pilot in command. Pilots remaining in the traffic pattern making landings should broadcast on the CTAF their pattern direction of turn and their landing (low approach, full stop, touch and go, stop and go) intentions at least by the final segment leg. All aircraft departing shall check the traffic pattern for traffic before taxiing into takeoff position. See FAR 91.113 (g). Pilots of no-radio aircraft should be especially vigilant for other aircraft while operating in the traffic pattern. Pilots of inbound aircraft that are not capable of radio communications should determine the runway in use prior to entering the traffic pattern by observing the landing direction indicator, the wind indicator, landing and departing traffic, previously referring to relevant airport publications, or by other means. See FAA Advisory Circular 90-66C, Section 9.12.2 No-Radio Aircraft.
Student Training
All student training activities shall be conducted in compliance with current, applicable FAA rules and regulations. Instructors and their students shall observe all Rules and Regulations, including local rules and FARs in effect at the Airport.
Agricultural Spraying Operations
Agricultural (Ag) spraying operations are not authorized at the Airport.
Special Procedures, Parachuting
A. The Airport Manager may, in the interest of safety, designate special traffic procedures for certain operations, such as helicopters, air shows or aviation fly-ins, agricultural operations, gyroplanes, powered lift, gliders, balloons, airships, ultralights, and light sport aircraft in the weight shift control or powered parachute class. Any such change from standard procedures shall be published in the FAA’s Airport/Facility Directory if of a permanent nature or the Airport Manager or their duly authorized agent shall issue a NOTAM if such change is if a temporary nature. Permanent changes require filing through TxDOT Aviation Division to the FAA. Temporary closing of a portion of the airport for special events will be approved by the FAA, through TxDOT Aviation Division. See FAA Order 5190.6 (latest change).
B. Parachute descent onto the Airport property shall not be permitted without the recommendations of the Airport Manager and the written approval of the BRA. The Airport Manager may develop operating procedures and designated landing areas for parachute operations.
Model Aircraft
Model aircraft not capable of carrying a person shall not be permitted to operate, take off or be launched from, flown over or land at the Airport. Model Aircraft operations for specific aeronautical events such as fly-ins or air shows may be approved for specific times by the Airport Manager.
Drones
Drones shall not be operated from or over the Airport.
Fuel and Fire Safety
Fuel
Aircraft fueling, fueling equipment, fuel transportation, and fuel storage at the Airport is permitted only for personal use. Aircraft fuel may be stored in Hangars for fueling aircraft; however, commercial fueling operations/activities are strictly prohibited. Fuel stored in hangars shall be stored in accordance with any all applicable laws, rules, regulations and standards. It is the responsibility of the hangar lessee to store and use fuel appropriately.
Fire Safety
A. Every person using the Airport or its facilities in any manner shall exercise the greatest care and caution to avoid and prevent fire.
B. No person shall smoke or carry lighted cigars, cigarettes, pipes, matches or any open flame on any aircraft apron, or ramp. The Airport Manager may designate smoking and/or vaping areas at the Airport.
C. No person shall operate an oxyacetylene torch, electric arc, or similar flame or spark-producing device on any part of the Airport property except within leased premises specifically designated for such use.
D. Compressed flammable gas shall not be kept or stored upon the Airport, except at such place as may be designated by the Airport Manager.
E. No flammable substance shall be used for the cleaning of any aircraft part or anything inside a hangar, T-hangar, or other building upon the Airport.
F. Hangar entrances must be clear in a manner such that emergency or fire/rescue personnel and equipment can immediately access the hangar without hindrance.
G. The floors in all buildings shall be kept clean and free of oil. Volatile or flammable substances shall not be used to clean floors, walls or any portion of a hangar structure.
H. The tenant shall supply and maintain such adequate and readily accessible fire extinguishers as may be required by applicable fire codes and regulations. Each fire extinguisher shall carry a suitable tag showing the date of most recent inspection.
Lease of Airport Property and Construction on Airport
Hangars and other buildings or structures owned by the BRA may be leased by the BRA to private individuals, companies, or corporations for the storage of aircraft and ancillary equipment. All leases shall be subject to terms and provisions as determined appropriate by the BRA in its sole discretion. In addition, hangar leases shall be subject to the FAA Policy on the Non-Aeronautical Use of Hangars at Obligated Airports, 81 FR 38906-38911 dated June 2016 or most recent version. This policy is adopted and incorporated herein, as existing or as may be hereafter revised by the FAA.
Construction on Leased Property
A. There shall be no construction on the leased property without prior written authorization of the BRA.
B. As given in FAR part 77, the BRA or BRA’s agent will file electronically with the FAA for any construction on or near the airport. See FAR part 77. File at http://oeaaa.faa.gov (or most current URL). A determination of no objection must be received from the FAA prior to any construction on the Airport. No hangar or structure may be erected beyond the building restriction line or in conflict with the approved Airport Layout or Development Plan.
C. All plans and specifications for construction, renovation, remodeling, or refurbishing of the leased premises shall meet all current Standard Fire and Building Codes published by the Southern Building Code Congress and the National Electrical Code, and shall provide for the construction to be from material satisfactory and acceptable to the BRA. All construction must be of a compatible standard capable of withstanding winds of 130 mph, with doors open or closed.
D. The BRA written approval of the plans and specifications must be obtained prior to construction of the improvements.
E. Construction must begin within one hundred twenty (120) days after the effective date of the lease or final comment from TxDOT and the FAA for the filed air space study as required by FAR Part 77, whichever date is later. Construction must be substantially completed within one hundred eighty (180) days of start of construction. Projects anticipated to exceed 180 construction days require approval of the Airport Manager. The Improvements on the leased premises shall remain the tenant’s property until expiration or termination of the lease and its covenants or as otherwise agreed to in the contract between the BRA and the tenant.
Flying Clubs
A Flying Club (“Club”) shall meet the following standards:
A. At the time of applying for a lease, license, permit or agreement to operate at the Airport, the Club shall furnish the Airport Manager with a copy of its documents of organization; the Club’s list of members, including names of officers and managers; evidence of required insurance; a description of all aircraft used; evidence that such aircraft are properly certificated; evidence of ownership of such aircraft; and any operating rules of the Club.
B. All aircraft used by the Club shall be owned by the Club or leased exclusively by written agreement to the Club, and all ownership or lease rights to such aircraft must be vested on a pro-rata basis in all of the Club’s members. The property rights of the Club members shall be equal, and no part of any revenues received by the Club shall inure to the direct benefit of any member (e.g., by salary or bonus). The Club shall not derive greater revenue from the use of its aircraft than the amount necessary for the operation, maintenance and replacement of its aircraft and facilities.
C. The Club’s aircraft shall not be used by any person other than the Club’s members and shall not be used by any person for hire, charter, or air taxi. Flight instruction may be given in Club aircraft.
Environmental Issues and Indemnification
Any tenant of the Airport, its agents, employees, independent contractors, or sub lessee shall not install, store, use, treat, transport or dispose of any:
A. Asbestos in any form.
B. Urea formaldehyde foam insulation.
C. Transformers or other equipment which contain dielectric fluid containing levels of polychlorinated biphenyls in excess of 50 parts per million; or
D. Any other chemical, material, air pollutant, toxic pollutant, waste, or substance which is regulated as toxic or hazardous or exposure to which is prohibited, limited or regulated by the Resource Conservation Recovery Act, the Comprehensive and Environmental Response Compensation and Liability Act, the Hazardous Materials Transportation Act, the Toxic Substances Control Act, the Clean Air Act, and/or the Clean Water Act or any other federal, state, county, regional, local or other governmental authority or which, even if not so regulated, may or could pose a hazard to the health and safety of the occupants of the Leased Premises, and which is either:
1. in amounts in excess of that permitted or deemed safe under applicable law;
2. or any manner which is prohibited or deemed unsafe under applicable law.
E. The substances referred to in (A), (B), (C) or (D) are collectively referred to hereinafter as "Hazardous Materials."
Environmental Cleanup Laws
An Airport tenant will, at their own expense, comply with all existing or hereafter enacted laws relating to Hazardous Materials (collectively, "Cleanup Laws") in effect at the time of the lease, and all future laws thereafter.
An Airport tenant will, at their own expense, make all submissions to provide all information to, and comply with all requirements of the appropriate governmental authority (the "Authority") under the Cleanup Laws. Should any Authority require that a cleanup plan be prepared and that a cleanup be undertaken because of the existence of Hazardous Materials which were installed, stored, used, treated, transported, disposed of or discharged on the leased premises, by an Airport tenant, its agents, employees, independent contractors or sub lessees during the term of a lease, the Airport tenant will prepare and submit the required plans and financial assurances in accordance with such Cleanup Laws.
THE AIRPORT SHALL BE INDEMNIFIED AND HELD HARMLESS FROM AND AGAINST ALL OBLIGATIONS, DAMAGES, INJUNCTIONS, FINES, PENALTIES, DEMANDS, CLAIMS, COSTS, EXPENSES, ACTIONS, LIABILITIES, SUITS, PROCEEDINGS AND LOSSES OF WHATEVER NATURE (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES AND COURT COSTS), AND ALL CLEANUP OR REMOVAL COSTS AND ALL ACTIONS OF ANY KIND ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE INSTALLATION, STORAGE, USE, TREATMENT, TRANSPORTING, DISPOSAL OR DISCHARGE OF HAZARDOUS MATERIALS IN OR ON THE LEASED PREMISES BY AN AIRPORT TENANT.
Environmental Notices
An Airport tenant shall promptly supply the BRA with copies of any notices, correspondence and submissions made or received from any governmental authorities of the United States Environmental Protection Agency, the United States Occupational Safety and Health Administration, or any other local, state or federal authority that requires submission of any information concerning environmental matters or Hazardous Materials.
Environmental Survival
An Airport tenant's liability pursuant to any environmental issue shall survive the expiration or earlier termination of their lease.
Storm Water Compliance
A. The Airport is subject to federal storm water regulations, 40 C.F.R. Part 122 for “vehicle maintenance shops” (including vehicle rehabilitation, mechanical repairs, painting, fueling and lubrication), equipment cleaning operations and/or deicing operations that occur at the Airport as defined in these regulations and, if applicable, state storm water regulations. Each Airport tenant shall become familiar with these storm water regulations if it conducts “vehicle maintenance” or operates equipment cleaning operations and/or deicing activities as defined in the federal storm water regulations.
B. The tenant shall take steps necessary to apply for or obtain a storm water discharge permit as required by the applicable federal and/or state regulations, including the leased property occupied or operated by an Airport tenant. If the BRA applies for a storm water discharge permit, the permit issued to the BRA may name an Airport tenant as a co-permittee.
C. An Airport tenant’s close cooperation is necessary to ensure compliance with any storm water discharge permit terms and conditions, as well as to ensure safety and to minimize costs. An Airport tenant may have to implement and maintain “Best Management Practices” to minimize the exposure of storm water (and snow melt) to “significant materials” generated, stored, handled or otherwise used as defined in the federal storm water regulations.
D. The BRA’s storm water discharge permit is incorporated by reference into each lease and any subsequent renewals.
Hold Harmless
THE BRA SHALL NOT BE LIABLE TO AN AIRPORT TENANT’S EMPLOYEES, AGENTS, SERVANTS, CUSTOMERS, INVITEES, OR TO ANY OTHER PERSON WHOMSOEVER, FOR ANY INJURY TO PERSONS OR DAMAGES TO PROPERTY ON OR ABOUT THE LEASED PREMISES OR ANY ADJACENT AREA OWNED BY THE BRA.
Knowledge of Rules Implied
By publication and adoption of these Rules and Regulations, all persons shall be deemed to have knowledge of its contents. However, the Airport Manager is directed to have copies of the Rules and Regulations posted in paper or electronically, where appropriate. Copies shall be available at all times in the Airport Manager’s office, and copies shall be furnished to all Airport Tenants.
Conflict of Rules and Regulations
If and where there are conflicts in the Rules and Regulations prescribed herein and the FAA’s Federal Aviation Regulations (FAR), the latter shall prevail. If and where there exists a conflict between any of the rules or regulations prescribed herein and any other BRA rules applicable to the same area, the more stringent limitation, or requirement shall govern and prevail. In the event of a conflict between these rules and the provisions of any Hangar Lease, these Rules and Regulations shall prevail.
Penalty for Violation
The Airport Manager may deny use of the Airport for a period not exceeding fifteen (15) days for any person violating or refusing to comply with any of the rules or regulations prescribed herein. Continued violations of the Rules and Regulations may result in additional penalties, up to and including prohibition of use of the Airport and termination of any agreement associated with use of the Airport.
Any violation of these Rules and Regulations shall be a misdemeanor, and upon conviction, be punishable by a fine not exceeding two-hundred ($200) dollars, and each day a violation continues to exist shall constitute a separate offense. This section is cumulative of all other penalties for violation of Federal, State, and local laws, rules, regulations, ordinances, and orders. Citation for violation or issuance of a violation ticket of any of the Rules and Regulations prescribed herein may be made by any authorized police officer. The BRA may request authorized police officers to investigate any suspected violation of these rules.
Severability
If any of the provisions of these Rules and Regulations or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the Rules and Regulations which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.