17 AAC 42.830. General terms and conditions for a first amendment activity permit

(a) This section sets out general terms and conditions applicable to and is incorporated into each first amendment activity permit granted under 17 AAC 42.800 - 17 AAC 42.840. A person or organization granted a first amendment activity permit or participating in an activity under the permit shall comply with these general terms and conditions and, if applicable, with any specific terms and conditions established for the permit under 17 AAC 42.820.

(b) A person or organization granted a first amendment activity permit and any person participating in an activity under the permit shall not interfere with the freedom of movement of a person, vehicle, or aircraft at an airport or otherwise interfere with the peaceful, orderly, safe, effective, and efficient use of airport property for airport purposes.

(c) The activity allowed by the first amendment activity permit may be conducted only in an area of an airport that is open to the general public for common use and is not secured.

(d) The activity allowed by the first amendment activity permit may not be conducted in or within 10 feet of any of the following on an airport:

(1) in a department-operated terminal building,

(A) a ticket counter;

(B) a baggage claim area;

(D) a departure gate waiting room or area;

(E) a federally regulated security screening point;

(F) a premises;

(G) a public, courtesy, or emergency telephone;

(H) a rest room;

(I) a stair, escalator, or elevator;

(J) a doorway, entry way, or open front of a store or food service area;

(K) a public service information counter;

(L) an individual waiting in line for access to or service at any of the areas listed at (A) through (K) of this paragraph;

(2) a roadway for embarking or disembarking passengers;

(3) an area that is designated in the permit as an area of frequent congestion;

(4) a restricted area; or

(5) a driveway providing access to a premises.

(e) A person conducting an activity under the first amendment activity permit may not

(1) sell any merchandise or solicit or receive money, except that a permittee may place one stationary receptacle of a style and at a location approved by the airport manager's designee for passive receipt of donations during times that the permit is in effect;

(2) use sound or voice amplifying equipment;

(3) place anything on an airport unless specifically allowed in a permit;

(4) store placards, boxes, or supplies on an airport unless in an area authorized under the permit;

(5) leave personal property unattended in any area on an airport;

(6) touch another person or an article in that person's possession without the express permission of the other person; or

(7) mislead the public by misrepresenting the affiliation or purposes of the first amendment activity or organization.

(f) The person or organization granted a first amendment activity permit is responsible to recover and properly take care of any items that the permittee or a person participating in an activity under the permit has distributed and the general public has discarded improperly in public portions of a department-operated terminal and adjacent roadways and parking facilities or otherwise at the location on the airport where the activity is being conducted. Unless the airport manager's designee agrees to less frequent cleanup, a permittee shall clean up any improperly discarded items that the permittee distributed at least once each hour after distribution. If a permittee fails to recover and properly take care of distributed items, the designee may require the permittee to post a performance bond or cash deposit in an amount not to exceed $500 per day to guarantee the performance of the permittee's cleanup obligation. If the permittee fails to perform the cleanup required under this subsection, the permittee shall forfeit the bond or deposit to the department as payment toward the department's costs of performing the cleanup for the permittee. The permittee shall also pay to the department the costs of cleanup not covered by any forfeited deposit. Failure of the permittee more than once to clean up improperly discarded items and failure to post a required bond are grounds for revocation of the permit.

(g) If the airport manager's designee determines that an emergency situation exists that affects or may affect public health, safety, or security or that unusually congested conditions exist because of weather, air carrier schedule interruptions, heavy traffic movements, or other causes, the manager's designee may suspend the permit for any first amendment activity that affects or may be affected by the emergency situation or congested conditions until the emergency situation or congested conditions no longer exist.

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

Authority: AS 02.15.020

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