§ 25-1. General.  


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  • 25-1.1

    Definitions. Note: Words not specifically defined by subsection 25-1.1 herein, which relate to aeronautical practices, processes and equipment, shall be construed according to their general usage in the aviation industry.

    (1)

    "Abandon" shall mean to forsake, desert, give up and surrender one's claim or right.

    (2)

    "Aircraft" shall mean any contrivance now known or hereafter designed, invented or used for navigation or flight in the air or space, except a parachute or other contrivance used primarily as safety equipment.

    (3)

    "Air Operations Area" or "AOA" shall mean any area of the Airport identified by the Department and used or intended to be used for landing, taking-off or surface maneuvering of aircraft, excluding those leasehold areas within or having direct access to the AOA which are subject to security requirements imposed on the lessee or tenant under appropriate federal regulations, or agreement incorporated in a signed lease, unless such security requirements are assumed by the Department through the issuance of an Operational Directive or by lease agreement.

    (4)

    "Airport" shall mean any Airport now or hereafter owned or operated by Dade County, Florida.

    (5)

    "Apron" or "ramp" shall mean that area of the Airport within the AOA designated by Operational Directive or other document of the Department for the loading, unloading, servicing or parking of aircraft.

    (6)

    "Authorized" shall mean acting under or pursuant to a written contract, permit, authorization or other evidence of right issued by the Board, the County Manager or Department Director or their authorized designee(s).

    (7)

    "Board" shall mean the Board of County Commissioners of Dade County, Florida.

    (8)

    "Bus" shall mean a passenger motor vehicle which operates on or to and from the Airport on a fixed route or a predetermined schedule or in a designated service area on or off the Airport and which holds a valid license from the Florida Public Service Commission or which is operated under a permit issued by the Department.

    (9)

    "Code" shall mean the Code of Metropolitan Dade County, Florida, as may be amended from time to time.

    (10)

    "Commercial activity" shall mean (a) the exchange, trading, buying, hiring or selling of commodities, goods, services or property of any kind on the Airport, (b) engaging in any conduct on the Airport for revenue-producing purposes, whether or not revenues ultimately are exchanged, obtained, or transferred on the Airport, or (c) the offering or exchange of any service on the Airport as a part of, or condition to, other revenue-producing activities or services on or off the Airport.

    (11)

    "Control tower" shall mean a Federal Aviation Administration Air Traffic Control Tower located at an Airport, or one which may be operated by or on behalf of the Department.

    (12)

    "County" shall mean the County of Dade in the State of Florida.

    (13)

    "County Manager" shall mean the County Manager of Dade County, Florida, appointed by the Board pursuant to the Home Rule Charter.

    (14)

    "Courtesy vehicle" shall mean any vehicle used in commercial activity as herein defined, other than a taxicab, to transport persons, baggage or goods, or any combination thereof, of a business establishment owning or operating such vehicle, to or from the Airport, whether or not revenues in payment for such service ultimately are exchanged, obtained or transferred.

    (15)

    "Cruising" shall mean the driving of a commercial vehicle on the upper or lower motor vehicle roadways in front of the Terminal Building of an Airport without passengers or cargo or without a pre-arrangement to pick up passengers or cargo for the purpose of advertising the availability of the commercial service.

    (16)

    "Curbside" shall mean the curb and those other areas designated by the Department to be used for loading and unloading of passengers and baggage adjacent to the upper and lower motor vehicle roadways within the Terminal Building area at an Airport, as may be designated by the Department for such specific use by appropriate signs or Operational Directive.

    (17)

    "Department" shall mean the Dade County Aviation Department, Dade County, Florida.

    (18)

    Reserved.

    (19)

    "Directive"—See "Operational Directive."

    (20)

    "Director" shall mean that person appointed by the County Manager of Dade County, Florida, carrying the title of Aviation Director or his duly authorized representatives.

    (21)

    "Domestic animal" shall mean any animal of a species usually domesticated in the United States and customarily found in the home.

    (22)

    "Equipment" shall mean mobile units or vehicles, other than those commonly classified as motor vehicles, which are utilized in conjunction with the operation of aircraft or an Airport facility.

    (23)

    "Explosives" shall mean any chemical compound or mixture that has the property of yielding readily to combustion or oxidation upon application of heat, flame or shock, or any device, the primary purpose of which is to function by explosion. The term "explosives" includes, but is not limited to, dynamite, nitroglycerine, trinitrotoluene, ammonium nitrate when combined with other ingredients to form an explosive mixture, or other high explosives, detonators, safety fuses, squibbs, detonating cords, igniter cords and igniters. Explosives shall not include shotgun shells, cartridges or ammunition for firearms.

    (24)

    "Flammable liquids" shall mean any liquid which emits flammable vapor as set forth in National Fire Protection Association standards, including but not limited to combustible liquids currently used as aircraft or vehicle fuel.

    (25)

    "Law enforcement officer" shall mean any person vested with the power of arrest on an Airport under federal, State, or County authority.

    (26)

    "Limousine" or "limo" shall mean a for hire motor vehicle not equipped with a taxi meter, and providing seating accommodations for not more than eight (8) persons, not including the driver, operating to and from the Airport for hire in accordance with a valid permit or license from a proper governmental authority, but shall not include vehicles designated as "taxicabs," "vans" or "buses."

    (27)

    "Motor vehicle" shall mean a device in, upon or by which a person or property may be propelled, moved, or drawn upon land or water, except a device moved by human or animal power and except aircraft or devices moved exclusively upon stationary rails or tracks.

    (28)

    "Non-operating aircraft" shall mean any aircraft located on an Airport, whether on a tenant leasehold or a public area, which does not possess a current certificate of air worthiness, issued by the Federal Aviation Administration, and is not actively being repaired, i.e., no substantial repair work has been performed on such aircraft for a period in excess of sixty (60) days.

    (29)

    "Officer" shall mean a law enforcement officer.

    (30)

    "Operational Directive" shall mean a written order issued by the Director bearing the designation "Operational Directive" and requiring specific operational procedures or prohibiting specific operations or types of operations, onto or from an Airport; or establishing designated and restricted uses of various areas of an Airport, and enforceable under Section 25-1.2(c).

    (31)

    "Operator" shall mean any person who is in actual physical control of an aircraft or motor vehicle.

    (32)

    "Owner" shall mean a person in whose name the legal title of an aircraft or a motor vehicle is held or vested. If any aircraft or motor vehicle is the subject of a conditional sale or lease with the right of purchase upon performance of the conditions stated in the agreement, and with the immediate right of possession vested in the conditional vendee or lessee or anyone in possession of an aircraft or motor vehicle on an Airport, or in the event a mortgagor of an aircraft or motor vehicle is entitled to the possession, then the conditional vendee, lessee or mortgagor shall be deemed the owner for the purpose of these rules and regulations.

    (33)

    "Park" shall mean to put, leave or let a motor vehicle or aircraft stand or stop in any location whether the operator thereof leaves or remains in such vehicle or aircraft, when such standing or stopping is not required by traffic controls or conditions beyond the control of the operator.

    (34)

    "Person" shall mean any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, committee, assignee or other representative or employee thereof.

    (35)

    "Ramp"—See "Apron".

    (36)

    "Restricted area" shall mean any area of an Airport, locked or posted either to prohibit entry or to limit entry or access to specific authorized persons.

    (37)

    "Rules and regulations" shall mean the Dade County Aviation Department Rules and Regulations, as codified in Chapter 25, Code of Metropolitan Dade County, Florida, including Operational Directives issued thereunder.

    (38)

    "Runway(s)" shall mean those portions of an Airport used for the takeoff and landing of aircraft.

    (39)

    "Security Identification Display Area(s)" or "SIDA" shall mean those areas of the Airport designated by the Department, in accordance with Federal Aviation Regulations, in which each individual in the area is required to display on their person the identification badge issued by the Department or such other form of identification as approved by the Department.

    (40)

    "Security program" shall mean that program developed by the Department relative to the protection and safety of aircraft operations and users of the Airport.

    (41)

    "Solicit" or "solicitation" shall mean to directly or indirectly, actively or passively, openly or subtly, ask or endeavor to obtain by asking, request, implore, plead for, importune, seek, or try to obtain.

    (42)

    "State" shall mean the State of Florida.

    (43)

    "Sunset" or "sunrise" shall mean the time of sunset and sunrise as published by the United States National Weather Service, for the local area.

    (44)

    "Taxi lane" shall mean any portion of an Airport authorized or designated by the Department for the surface maneuvering of aircraft, which are used in common, which may or may not be located within leasehold areas and which are not under control of the Control Tower when the Airports have such tower facilities available.

    (45)

    "Taxicab", "taxi" or "cab" shall mean any automobile that carries persons for a fare, determined by a meter, and that is appropriately licensed as a taxicab by the proper governmental authority.

    (46)

    "Taxiway(s)" shall mean any portion of an Airport authorized or designated by the Department for the surface maneuvering of aircraft, which are used in common, are not located within leasehold areas and which are under control of the Control Tower when the Airports have such tower facilities available.

    (47)

    "Terminal Apron" shall mean that area of the Airport within the AOA designated by Operational Directive or other document of the Department, by posted sign, or by lease agreement for loading and unloading of aircraft passengers and/or cargo.

    (48)

    "Terminal", or "Terminal Building", or "Terminal Area" shall mean any passenger or cargo terminal facility or Airport facilities available to and accessed by the public as designated from time to time by the Department, including all roadways, vehicular circulation areas and parking facilities associated therewith.

    (49)

    "Traffic" shall mean pedestrians and vehicles, either singly or together, while using any Airport area.

    (50)

    "Vehicle" shall mean a device in, upon or by which a person or property, or both may be propelled, moved or drawn upon land or water, including a device moved by human or animal power, except aircraft or devices moved exclusively upon stationary rails or tracks. The term "vehicle" shall include, but not be limited to, taxis, cars, buses, vans, trucks, buses, limousines and courtesy vehicles of any type or kind.

    (51)

    "Commercial vehicle" shall mean any vehicle used in commercial activity as defined herein, on the Airport.

    (52)

    "Weapon" shall mean a gun, knife, blackjack, slingshot, metal knuckles, or any explosive device, or any other like instrument capable of being utilized to coerce, intimidate or injure an individual.

    (53)

    "Wild animal" shall mean any animal of a species not usually domesticated in the United States nor customarily found in the home.

    (54)

    "Zone taxicab" or "Zone taxi" shall mean a chauffeur-driven for-hire motor vehicle which is a sedan or station wagon operating solely within a zone fare system as provided by County ordinance. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 88-37, § 1, 5-3-88; Ord. No. 95-41, §§ 1—35, 3-7-95)

    25-1.2

    Applicability of rules and regulations; Operational Directives.

    (a)

    Any permission granted a person by the Board, Department or Director, directly or indirectly, expressly or by implication, to enter upon or use an Airport, or any part thereof, is conditioned upon compliance with these rules and regulations and Operational Directives and the payment of any fees or charges established or authorized by the Board, or, if authorized, by the Director, and payable to the County for the use of an Airport or any facility located thereon including any such fees or charges established by the Director and payable to a lessee, management contractor, concessionaire, permittee or franchise holder of the County, or an approved an authorized subcontract thereof, for services rendered to such person; and entry upon or into an Airport by any person shall be deemed to constitute an agreement by such person to comply with such rules and regulations and to pay any such fees and charges.

    (b)

    It shall be unlawful for any person to do or commit any act forbidden by or to fail to perform any act required by these rules and regulations or to fail to pay any fees established and payable pursuant to subsection 25-1.2 hereof.

    (c)

    The Department, through its Director, may from time to time cause to be issued Operational Directives applicable to any Airport. If any such Operational Directive contains a requirement that fees or charges be paid for any operation on or use of an Airport as defined in the Operational Directive, such fees and charges shall be established in accordance with the provisions of subsection 25-1.2(a) hereof (Ord. No. 88-37, § 2, 5-3-88; Ord. No. 95-41, §§ 36, 37, 3-7-95)

    25-1.3 Airport liability. The County assumes no responsibility or liability for loss, injury or damage to persons or property on the Airport or using Airport facilities not caused by negligence of the County or its employees. (Ord. No. 75-113, § 2, 12-2-75)

    25-1.4 Emergencies. The Director is empowered to take such action as the Director deems necessary when an emergency exists at an Airport which, in the Director's judgment, presents an immediate threat to public health, security, safety or welfare, or to the operation of an Airport; provided, however, that in the exercise of such power the Director shall promptly notify the governmental agency(ies) or County department(s) having been assigned by the Board or County Manager primary responsibility for the handling and resolution of such emergency, and provided further that the Director's power herein granted shall cease upon the assumption of jurisdiction over such emergency by the governmental agency(ies) or County department(s) and such assumption of responsibility shall not be inconsistent with the requirements of any emergency procedure or program for an Airport adopted and approved by the Board. No action shall knowingly be taken by the Director hereunder or by any County department(s) contrary to any regulation or order of the Federal Aviation Administration or of any other Federal, State or County agency having appropriate jurisdiction. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 38, 3-7-95)

    25-1.5 Trespassing. Whoever, without being fully authorized, licensed or invited, willfully enters or remains at an Airport, or portion thereof, or having been authorized, licensed, or invited to an Airport, or portion thereof, is warned or ordered by authorized Department personnel or a law enforcement officer to depart, and refuses to do so, commits the offense of trespass. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 39, 3-7-95)

    25-1.6 Other laws. All applicable provisions of the laws of the State of Florida and ordinances of Dade County, Florida, now in existence or hereafter enacted, are hereby adopted by reference as part of these rules and regulations. (Ord. No. 75-113, § 2, 12-2-75)

    25-1.7 Penalties. Unless otherwise specifically provided herein, any person violating any of the provisions of these rules and regulations shall be subject to punishment by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the Dade County Jail for a period not to exceed sixty (60) days, or both such fine and imprisonment, in the discretion of the Dade County Court. (Ord. No. 75-113, § 2, 12-2-75; Ord. No. 95-41, § 40, 3-7-95)

    25-1.8 Jurisdiction. The violation of any provision hereof shall be triable in the Dade County Court. (Ord. No. 75-113, § 2, 12-2-75)

    25-1.9 Captions. The captions or heading of sections and subsections in these rules and regulations are inserted for convenience only, and shall not be considered in construing the provisions hereof. (Ord. No. 75-113, § 2, 12-2-75)

    25-1.10 Separability. If any provision of these rules and regulations or the application thereof to any person or circumstances is held invalid, the remainder of these rules and regulations and the application of such provision to other persons or circumstances shall not be affected thereby. (Ord. No. 75-113, § 2, 12-2-75)