Title 17 . Transportation and Public Facilities

Chapter 45 . Miscellaneous Provisions

Section 20. General rules of conduct; violations

17 AAC 45.020. General rules of conduct; violations

(a) A person using an airport shall comply with

(1) this chapter and other applicable law;

(2) orders that the department or the airport manager issues under AS 02.15.020 (a) or under any other state or federal law; and

(3) 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.

(b) A person using an airport shall remain upon a public road, public walk, or other public area provided for the particular class of traffic or mode of travel that person is using and may not hinder or obstruct another person, a vehicle, or an aircraft from use of airport property.

(c) The department may, subject to the terms of a pre-existing lease, permit, or concession, restrict or prohibit airline 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 or permit.

(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 as expressly authorized under a 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 fines the department for a violation of a federal statute or regulation or for an occurrence or omission on an airport, the department may seek reimbursement from the person who caused 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) Except on a premises that the person holds under a lease, permit, or concession, 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.

History: Eff. 3/28/2002, Register 161

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.220

AS 02.15.230

AS 02.15.240