Section 17.45.020. General rules of conduct; violations.

	(a)  A person using an airport shall  
		(1) comply with  
			(A) this chapter and other applicable law;  
			(B) orders that the department or the airport manager issues under AS 02.15.020(a) or under any other state or federal law; and  
			(C) instructions, requirements, and restrictions that the department or the airport manager has posted or indicated by sign, signal, or other control device, unless otherwise directed by an authorized person directing aircraft, vehicle, or pedestrian traffic;   
		(2) avoid hindering or obstructing another person, a vehicle, or an aircraft from lawful use of airport property; and  
		(3) limit use or occupancy of airport land or facilities as follows:  
			(A) use a public road, public walk, or other public area only as the department designates for the activity, class of traffic, or mode of travel in which the person is engaged;  
			(B) use a restricted area only as authorized under this chapter;  
			(C) use or occupy land or facilities only as authorized under a lease, permit, concession, or other written permission from the department authorizing that use or occupancy; or  
			(D) use or occupy a lease, permit, or concession premises only with the express or implied consent of the lessee, permittee, or concessionaire and in compliance with the applicable lease, permit, or concession.  
	(b)  Repealed 3/22/2008.  
	(c)  The department may, subject to the terms of a pre-existing lease, permit, or concession, authorize, restrict, or prohibit air carrier operations, concessions, or other uses in designated areas of airport land, buildings, or facilities, including a department-operated terminal building.  Except as otherwise authorized in a lease, permit, concession, or other written authorization from the department under this chapter, a person shall abide by the department's designation of or restriction on the use of airport land, buildings, or facilities.  
	(d)  A person may not place, spill, or dump garbage, trash, sewage, refuse, or other waste material on an airport except in a waste receptacle the department has approved for that purpose or in a waste receptacle designed and provided for that purpose by a lessee, permittee, or concessionaire on its premises.  
	(e)  A person may not dump snow on an airport except in a location the airport manager has designated for that purpose or as authorized by the department under a lease, permit, or concession.  
	(f)  A person may not operate an incinerator or burn trash, brush, or other material on an airport without the written approval of the airport manager.  
	(g)  A person may not conduct an aircraft show on an airport without the written approval of the department.   
	(h)  Except in an emergency or after receipt of approval from the airport manager to do so, a person may not moor, load, unload, launch, operate, or test a boat or boat motor in a body of water that is part of an airport float plane facility.  
	(i)  Unless the department approves in writing, a person may not display, distribute, post, or place a commercial sign, advertisement, circular, or other material on an airport  
		(1) in a public area of a department-operated terminal building;  
		(2) on land or a premises, except inside a building occupied by a lessee, sublessee, permittee, or concessionaire of the land or premises and in compliance with all applicable provisions of the lease, permit, or concession;  
		(3) on an aircraft or vehicle, unless the sign, advertisement, circular, or other material is placed on the aircraft or vehicle by the owner or lessee of the aircraft or vehicle; or  
		(4) in violation of or in conflict with an exclusive advertising concession or other right granted by the department.  
	(j)  If a person acts in violation of this chapter or fails to act as required by this chapter, the department or the airport manager may take one or more of the following actions:  
		(1) order the person to, either immediately or within a specified time,   
			(A) stop the violation;  
			(B) begin the required act; or  
			(C) leave the airport;  
		(2) provide written notice to the person that describes how the person may correct the violation or omission and the time within which the violation or omission must be corrected;   
		(3) correct the violation or omission; or  
		(4) in an emergency or when the department or the airport manager finds such assistance necessary for safety, maintenance, or operation of the airport, request enforcement assistance by a public safety agency with jurisdiction over the airport.  
	(k)  If the department or the airport manager acts under (j)(3) of this section to correct a violation or omission by a person, the department or manager, as applicable, may seek reimbursement from the person of all costs, plus interest at the rate provided in AS 45.45.010, that the department incurs in acting to correct the violation or omission, including site assessment costs, clean up costs, collection costs, legal and administrative costs, applicable fines, and costs resulting from interference with or delay of airport projects or operations.  
	(l)  If the FAA, TSA, or any other federal, state, or local governmental agency fines or otherwise imposes a monetary penalty on the department for a violation of a statute, ordinance, or regulation, and if the violation is caused by or based on, all or in part, an act or omission on an airport by a person, other than an employee of the department acting in the employee's official capacity, the department may seek reimbursement from the person for the portion of the fine or penalty, and associated costs, equal to the person's contribution to the basis of the violation.  
	(m)  The department may seek to require a person responsible under this chapter for the placement, dumping, or spilling of anything on the airport in violation of this chapter to clean up and properly dispose of the material consistent with the requirements of applicable law.   
	(n)  A person may not, without approval of the department or the airport manager, place, maintain, or display on an airport a sign, signal, marking, light, or other device that purports to be or resembles a control device or that attempts to direct the movement of aircraft, pedestrian, or vehicle traffic, conceals or interferes with the effectiveness of a control device, or dazzles, blinds, or otherwise interferes with the vision of a pilot, pedestrian, or driver.  
	(o)  A person may not park a vehicle within 10 feet of a fence that separates an area that is restricted under 17 AAC 45.060(a) from an area that is not restricted.  
	(p)  A person may not use or occupy airport land or facilities for any purpose unless  
		(1) the portion of the land or facility being used or occupied is designated by the department for a public purpose and the person's use or occupancy conforms to the public purpose;  
		(2) the person first obtains a lease, permit, concession, or other written permission from the department authorizing the use or occupancy; or  
		(3) the person is on leased premises with the express or implied consent of the lessee, permittee, or concessionaire and is not engaged in conduct prohibited under the applicable lease, permit, concession, this chapter, or a statute, ordinance, or other regulation.    

Authorities

02.15.020;02.15.060;02.15.220;02.15.230;02.15.240

Notes

Reference

17 AAC 45.080
17 AAC 45.127

Authority

AS 02.15.020 AS 02.15.060 AS 02.15.220 AS 02.15.230 AS 02.15.240 Editor's note: Each airport's layout plan is available from the airport manager responsible for the airport or from the department. A list of all department-operated airports and the administrative region of the department responsible for each airport, the address for persons designated to carry out the functions and responsibilities of the department for the airports in each administrative region of the department, and the name and address of the airport manager designated for each airport operated by the department are available through the commissioner's office at the address set out in the editor's note following 17 AAC 45.005.

History

Eff. 3/28/2002, Register 161; am 3/22/2008, Register 185; am 3/20/2016, Register 217

References

17.45.005