§ 3-17. Definitions.

(a)

As used in this chapter, unless the context clearly requires a different meaning, the term:

Aeronautical activity or aeronautical service shall mean any activity or service conducted at the airport that involves, makes possible, or is required for the operation of aircraft, or which contributes to or is required for the safety of such operations. These activities include, but are not limited to, air taxi and charter operations, aircraft fueling, aircraft storage, flight training, aircraft rental, aircraft sales, aircraft repair and maintenance, sightseeing, aerial photography, crop dusting, aerial advertising, aerial surveying, air carrier operations, sale of aircraft parts, sale and maintenance of aircraft accessories, radio, communication and navigational equipment, flying clubs and any other aeronautical or aviation related activity.

Agreement shall mean the written agreement between the BOCC and an operator specifying the terms and conditions under which the operator may conduct any aeronautical activity or perform any aeronautical service. Such agreement shall recite the terms and conditions under which the activity or service will be conducted at the airport including, but not limited to, term of the agreement, rents, fees and charges to be paid, and the rights and obligations of the respective parties.

Aircraft shall be construed broadly to include any device used or designed for navigation or flight in the air, regardless of FAA registration or licensure, including, but not limited to, airplanes, gliders, helicopters, gyrocopters, ultralites, balloons, and blimps.

Air charter or air taxi shall mean the operation of providing air transportation of person(s) and/or property for hire through either a charter or air taxi operator in accordance with Federal Aviation Regulations contained at 14 CFR Part 121 or 135.

Aircraft fuel shall mean all flammable liquids composed of a mixture of hydrocarbons expressly manufactured or blended for the purpose of operating an internal combustion, jet or turbine engine.

Aircraft management shall mean an entity engaged in the operational management of based aircraft for specific aircraft owners. Typically, a management service operator ensures or provides aircraft maintenance, storage, dispatch, aircrew assignment and ground servicing for these aircraft.

Aircraft operation shall mean the movement of any aircraft on airport property and including, without limitation, the landing, take-off, and taxing of aircraft at the airport.

Aircraft owner shall mean the person(s) and/or entity(ies) holding legal title to an aircraft and including person(s) and/or entity(ies) having exclusive and lawful possession of an aircraft.

Aircraft rental or aircraft leasing shall mean the operation of renting or leasing aircraft to the public.

Aircraft sales shall mean the sale of new or used aircraft through brokerage, ownership, franchise, distributorship, or dealership.

Aircraft storage shall mean the temporary or long-term parking or storage of aircraft and as further confined to within those areas of the airport depicted on the airport layout plan (ALP) or as expressly permitted by the manager in writing and subject to all terms and conditions imposed thereon.

Airfield operations areas or AOA shall mean any area of the airport used or intended to be used for landing, takeoff, or the surface maneuvering of aircraft. The AOA is part of the airport which is designated as a restricted area.

Airframe and power plant maintenance shall mean the commercial operation of providing airframe and power plant services, which include the service, repair, maintenance, inspection, construction or making modifications or alterations to aircraft engines, propellers and appliances including the removal of engines for major overhaul as defined in 14 CFR Part 43, and further includes the sales of aircraft parts.

Airframe and power plant mechanic or A&P shall mean any person who holds an aircraft mechanic certificate with both airframe and power plant ratings as authorized and described in 14 CFR Part 65.

Airport shall mean the Brooksville-Tampa Bay Regional Airport and includes all Hernando County owned or leased real or personal property, buildings, facilities and improvements within the boundaries of said airport, as it presently exists or as it may exist when it is hereafter modified, expanded or developed, and which also includes all of its facilities as shown on the most current airport layout plan.

Airport layout plan or ALP shall refer to the most recently approved plan or drawing depicting the physical layout of the airport and identifying the location and configuration of current runways, taxiways, buildings, roadways, utilities, navigational aids, etc. The ALP is a component of the airport's master plan.

Airport manager or manager shall mean the individual appointed and authorized by the Hernando County Board of County Commissioners to administer and manage all operations of the airport and airport facilities, and to supervise all airport projects in accordance with chapter 3 of the Hernando County Code and applicable law.

Avionics sales and maintenance shall mean the operation of providing for the repair and service, or installation of aircraft radios, instruments, and related accessories, and which operations may include the sale of new or used aircraft radios, instruments, and related accessories.

Based aircraft shall mean any aircraft which the aircraft owner physically locates or stores at the airport, and whenever absent from the airport, its owner intends to return the aircraft to the airport for storage.

BOCC shall mean the Board of County Commissioners for Hernando County, Florida.

Building shall mean any existing or planned facility, hangar, or T-hangar of steel, concrete, concrete block, or substantial metal construction on a concrete foundation, affixed to land within the airport, and at such location as has been duly approved by the BOCC. The erection, construction or expansion of any building after adoption of these standards shall be pursuant to all applicable zoning regulations and building codes.

Commercial operator or operator shall mean any person involved in any commercial aeronautical activity or providing any aeronautical service within the airport, or which contributes to, or is required for the safe conduct and utility of aircraft operations, the purpose of such activity being to generate or secure earnings, income, compensation, services, goods, like-kind exchange, or profit of any kind, whether or not such results are accomplished.

County shall mean Hernando County, Florida.

Exclusive right shall mean any power, privilege or other right excluding or debarring another from enjoying or exercising a like power, privilege or right. An exclusive right can be conferred either by express agreement, contract, license, lease, permit, the imposition of unreasonable standards or requirements or by any other means consistent with FAA rules, regulations or governing law.

FAA shall mean the Federal Aviation Administration, a federal agency within the United States Department of Transportation which has primary responsibility over air travel and transportation within the United States.

Fixed base operator or FBO shall mean any full service commercial aeronautical service provider that has the privilege to sell fuel and engages in a minimum of two (2) of the following secondary activities: airframe and power plant maintenance, flight training, aircraft rental, aircraft charter or air taxi, avionics sales and service and aircraft storage/tie-downs or sale of pilot supplies.

Flight training shall mean the commercial operation of instructing pilots in dual and solo flight, in fixed or rotary wing aircraft, and related ground school instruction as necessary to complete a FAA written pilot's examination and flight check ride for various categories of pilots licenses and ratings, and shall also include any portion of a flight between two (2) or more airports or other destinations where the primary purpose is to increase or maintain pilot or crew member proficiency.

Flying club shall mean any non-commercial and non-profit entity organized for the purpose of providing its members with aircraft for their personal use and enjoyment. Aircraft must be vested in the name of the flying club's owners, on a pro-rata share, and the club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain and replace the aircraft.

Fueling or fuel handling shall mean the transportation, sale, delivery, dispensing, storage, or draining of fuel or fuel waste products to or from any aircraft, vehicles, or equipment.

Fuel storage area shall mean any portion of the airport designated temporarily or permanently by the manager as an area in which aviation, motor vehicle gasoline or any other type of fuel or fuel additive may be stored or loaded.

General aviation shall mean all phases of aviation other than military aviation and scheduled or commercial air carrier operations.

Hazardous material shall mean any substance, waste or material which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, and is or becomes regulated as a hazardous material by any governmental authority, agency, department, commission, board or agency.

Improvements shall mean repairs, replacements, extensions and additions of buildings, lands, or any other facilities normally used or needed in the operation of an airport.

Independent contractor or independent operator shall mean any person or operator offering a 'single' aeronautical service which is not currently provided by an existing airport tenant and which does so without an established place of business on the airport. Independent contractors (as this term is used interchangeably with independent operators for purposes of these rules) shall be duly licensed or certificated as required for all work performed, maintain the required insurance, and fully comply with these standards.

Lease shall mean the written contract between the BOCC and an operator (lessee) specifying the terms and conditions under which an operator may occupy or operate from certain designated airport facilities and/or property.

Lessee shall mean any person(s) or entity(ies) who has entered into a lease directly with the county regarding property located within the airport boundaries.

Lessor shall mean the Hernando County Board of County Commissioners BOCC).

Master plan shall mean the current master plan report and the scaled dimensional layout of the entire airport, indicating current and proposed usage for each identifiable segment as approved by the BOCC, FAA, and the Florida Department of Transportation.

Minimum operating standards or standards shall mean these qualifications, criteria, and standards set forth in section 3-78.

Non-aeronautical lease shall mean any lease of airport property that does not pertain to an aeronautical activity.

Operator means any person involved in any commercial aeronautical activity or providing any aeronautical service within the airport, or which contributes to, or is required for the safe conduct and utility of aircraft operations, the purpose of such activity being to generate or secure earnings, income, compensation, services, goods, like-kind exchange, or profit of any kind, whether or not such results are accomplished.

Permit shall mean any administrative written approval, lease agreement, or license agreement issued by the BOCC or manager to any person to conduct any aeronautical activity or provide any aeronautical service, on a temporary basis, and under such terms, conditions, and duration as may be imposed and strictly limited to such location or locations as authorized.

Person, as used in these standards, shall mean any individual or individuals, corporation, firm, partnership, association, organization and any other group acting as an entity, or combination thereof, and further includes any trustee, receiver, assignee, or similar representative thereof.

Preventive aircraft maintenance shall mean any maintenance that is not considered a major aircraft alteration or repair and does not involve complex assembly operations as listed in 14 CFR Part 43, except for Item 22 in the Regulation (Item 22 involves the replacement of prefabricated fuel lines and shall, for the purposes of these regulations, be considered a major aircraft repair).

Public airport facilities means the airport facilities located in Hernando County and includes all facilities used or to be used in connection with aviation activities.

Roadway shall mean any street or road, whether improved or unimproved, within the boundaries of the airport and designated for use by ground vehicles.

Rules and regulations or rules shall mean the airport rules and regulations which are set forth in chapter 3, article IV of this Code. The airport rules and regulations may be amended from time to time. The rules shall apply to all persons operating under or pursuant to these standards.

Self-service shall mean the refueling, repair, preventive maintenance, towing, adjustment, cleaning and/or other general services of any aircraft performed by an aircraft owner, or by such direct employee(s) of an aircraft owner with resources supplied by the aircraft owner.

Specialized aviation service operation or SASO shall mean any aeronautical or aviation related business that offers a single or limited aeronautical service that does not include fueling. Examples of a SASO include, but are not limited to, flight training, aircraft maintenance, air charter, air taxi, aircraft sales, aircraft rental, avionics sales and maintenance, aircraft storage, and sale of pilot supplies.

Sublease shall mean any written agreement, approved by the BOCC, stating the terms and conditions under which a third-party operator leases space from a lessee for the purpose of providing aeronautical activities or services at or within the airport boundaries.

Taxi lane shall mean those portions of the airport apron area, or any other area, used for access between taxiways and aircraft parking or storage areas.

Taxiway shall mean those defined paths established for the taxiing of aircraft from one (1) part of the airport to another.

Through-the-fence operator shall mean an operator which accesses airport property to conduct commercial aeronautical activities or to provide a service or sell a product on airport property without having a lease agreement or prior permission from the BOCC to do so.

Variance shall mean any approved deviation from the requirements of these minimum operating standards as provided herein.

Vehicle parking area shall mean any portion of the airport designated and made available temporarily or permanently by the manager for the parking of vehicles.

(b)

Terms which relate to aeronautical practices, processes and equipment, if not defined in subpart (a) above, shall be construed according to the definitions contained in Title 14 of the Code of Federal Regulations, chapter 332, Florida Statutes, or if not defined therein, according to their general usage in the aviation industry.

(Ord. No. 81-3, § 3, 6-9-81; Ord. No. 98-05, § 3, 4-14-98; Ord. No. 2014-27, § 4, 12-16-14; Ord. No. 2017-32, § 1, 8-22-17)