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HomeMy WebLinkAbout1995-11-13 96-17 ORDINANCECOUNCIL ACTION Item No. 96-17 Date November 13 1995 Item/Subject: Amending Chapter II, Article 35 of the Laws A Ordinances of the City of Bangor -- Airport Department Responsible Department: Legal This item would amend the City's Airport Ordinance by adding an assimilative violations provision under which violations of federal, state or local laws or regulations by an airport tenant or user within the aeronautical area of the Airport would also constitute City ordinance violations. A minimum fine of $100.00 would be authorized in such instances (subsection 2). The amendment also would authorize the Airport Director to seek recovery of any governmental fine imposed against the Airport as a result of a tenant's or user's violation of federal, state or local laws within the aeronautical area of the Airport (subsection 1). The proposed amendment would be useful in those situations where the City as landowner becomes legally liable for tenant's or user's actions, such as fuel spills, leaking storage tanks, OSHA violations, or fire code violations. n f Department Head M�apna�ger"'s Comments: I. {}m FAUD �bx SU.3SP%uTl�� City Manager Associated Information: Finance Director I-1 / City Solicitor Introduced For Passage x First Reading Referral .fp Qfw.(im 4Page 1 of 2 �j luA..w�ey t NrNn Ib ( 4S 96-17 (AMEND BY SUBSTITUTION) A®igad to Councilor CITY OF BANGOR (TITLE) Mrbfit Cea Amending ChapterII, Article 35 of the Lawn VIfI .... ...... ......... ............ ............ ................. a Ordinances of the City of Bangor -- Airport Department Be N ordahW by Ow Cit Cmmcil ofd* City ofBauyer, as /oNmoe: THAT Chapter II, Article 35, Section 6 of the Law and Ordinances of the City of Bangor be amended by adding a new subsection 6.2(K), as follows: H. COMPLIANCE - LAWS, RULES AND REGULATIONS 1. The Airport Director shall be authorized to demand reimbursement from any tenant, airport user or any other entity or individual for any fines assessed the Airport Department by federal, state or local agencies as a result of an action or lack of action which causes a violation of existing law. ' 2. For the purpose of Section x of this ordinance "alrport" shall be the geographical area designated as "aeronautical" by the City of Bangor's Land Development Code. Violation of Section X of .this ordinance, upon conviction thereof, shall be punished by a fine or penalty of $100.00. Each and every violation of Section E of this ordinance shall constitute a separate offense. 3. The Airport Director shall be authorized to deny access to the actively controlled security areas of the airport, as defined in the Airport Security Manual an file with the Federal Aviation Administration, to any individual who has been found in violation of the applicable airport rules and regulations. 96-1J Assigned to Comedor Tyler November 13, 1995 CITY OF BANGOR (TITLE.) @rbinalttr, AmendLng Chapter II Article 35 of the Laws _ & Ordinances of the City of Bangor -- Airport Department Be a ordained by W City ComdR of W CUY ofBansve, as fallowd: THAT Chapter II, Article 35, Section 6 of the. Laws and Ordinances of the City of Bangor be amended by adding a new subsection 6. 2(N), as follows: H. COMPLIANCE - LAWS, ROLES AND REGULATIONS 1. The Airport Director shall be authorized tm demand reimbursement from any tenant, airport user or any other entity or individual for any fines assessed the Airport Department by federal, state or local agencies as a result of an action or lack of action which causes a violation of existing law. 2. The Airport Director shall be further authorized to impose a fine of One Hundred Dollars ($100.00) upon any tenant, airport user or any other entity or individual who violates federal, state or local laws which pertain specifically to the operation of the airport. In this context the -airport" shall be considered to be the geographical area designated as "aeronautical" within the City of Bangor's Land Development Code. The Airport Director may delegate the authority granted under this ordin}Iace to any member of the City's police force assigned, either permanently or temporarily, to the Airport Department. 3. The Airport Director shall be authorized to deny access to the actively controlled security areas of the airport, as defined in the Airport Security Manual on file with the Federal Aviation Administration, to any individual who has been found in violation of the applicable airport rules and regulations. 96-1] 1 ORDINANCE l Iw CITY COUNCIL November 13, 1995 ( TIM,) Amending Chapter II. Article 35 Firer KeatingReferred the Laws and Ordinances of the City of Ba n [a Airport Committee Committee - Aitport Department 1 CITY CLERK xAe@i;W 1 ! Tz �(� IF CITY COUNCILNCI9 1/ November D, 1995 Subset as Amended by Substitution Vote: 9 Yes Councilors voting Yee: Beldacci, Blanchette, Frankel, Leen, Popper, Soucy, Sullivan, Tyler A woodcock CITY CLERK