17 AAC 42.820. Action on an application for a first amendment activity permit

(a) The airport manager shall designate a person to act on behalf of the manager to process an application for a first amendment activity permit and to monitor compliance with any permit issued.

(b) Within three working days after receiving an application for a first amendment activity permit, the airport manager's designee shall mail or deliver to the applicant either a written permit or a written denial under (f) of this section that explains the reasons the permit is denied.

(c) To ensure that the permitted activity is conducted in a manner consistent with the considerations set out at 17 AAC 42.800(a) , the airport manager's designee may

(1) place reasonable restrictions on time, place, number of participants, and manner of exercise of first amendment activity; and

(2) as is necessary for the proper functioning of the airport, relocate the permitted activity from one area on the airport to another upon reasonable notice to the permittee.

(d) If more than one application for a permit for the same date, time, and location is submitted, the airport manager's designee shall review the permit applications and determine whether activity under multiple permits would pose a likelihood of interference with the proper functioning of the airport. If the designee determines that granting multiple permits will not result in a level of activity inconsistent with the considerations set out at 17 AAC 42.800(a) , the designee shall allocate space on an equitable basis and impose restrictions on time, location, and number of participants as necessary to accommodate all of the approved permits. If the designee determines that granting all pending permit applications may result in a level of activity inconsistent with the purposes set out at 17 AAC 42.800(a) , the designee shall review all applications and, in the order received, schedule permitted activities as necessary to avoid a level of activity inconsistent with those purposes.

(e) A permit must specify

(1) the dates and times the permitted activity may occur, up to a maximum of 30 calendar days within a calendar year;

(2) the designated area for the permitted activity;

(3) the maximum number of participants allowed at any given time; and

(4) any specific restrictions or requirements that the airport manager's designee determines are necessary or appropriate to ensure that the permitted activity is conducted in a manner consistent with the considerations set out at 17 AAC 42.800(a) .

(f) The airport manager's designee may deny an application only for one or more of the following reasons:

(1) the application contains incomplete or erroneous information;

(2) the proposed activity is subject to the provisions of 17 AAC 42.040, 17 AAC 42.095, 17 AAC 42.100, 17 AAC 42.105, or 17 AAC 42.200 - 17 AAC 42.297;

(3) the proposed activity is prohibited or otherwise precluded under applicable law;

(4) the activity proposed for the date, time, or location requested in the application would be inconsistent with the purposes set out at 17 AAC 42.800(a) ;

(5) another first amendment activity permit issued to the applicant, the individual who signed the application, or a person sponsoring, promoting, or conducting the activity specified in the application was revoked under 17 AAC 42.840 within the preceding 60 days; or

(6) the proposed activity would exceed the cumulative period allowed under 17 AAC 42.810(c) .

History: Eff. 1/14/2001, Register 157

Authority: AS 02.15.020

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