Title 17 . Transportation and Public Facilities

Chapter 45 . Miscellaneous Provisions

Section 810. Conduct of first amendment activity on an airport

17 AAC 45.810. Conduct of first amendment activity on an airport

(a) A person who conducts a first amendment activity on an airport must abide by the provisions of this section.

(b) To ensure that a first amendment activity on an airport is conducted in a manner consistent with the considerations set out at 17 AAC 45.800(b) , the department may

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

(2) as is necessary for the proper functioning of the airport, require a person conducting a first amendment activity to relocate the activity from one area on the airport to another upon reasonable notice to the person.

(c) The department may direct a person to cease or to modify the conduct of a first amendment activity to resolve any extent to which

(1) the activity is subject to the provisions of 17 AAC 45.095, 17 AAC 45.105, or 17 AAC 45.200 - 17 AAC 45.299;

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

(3) conduct of the activity is inconsistent with the provisions of 17 AAC 45.800(b) ; or

(4) the activity is conducted in violation of one or more of the requirements of this section.

(d) A person participating in a first amendment activity on an airport 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.

(e) A first amendment activity may not be conducted on an airport

(1) in an area that is restricted or otherwise closed to the general public;

(2) in or within 10 feet of any of the following:

(A) in a department-operated terminal building,

(i) a ticket counter;

(ii) a baggage claim area;

(iii) a departure gate check-in counter;

(iv) a departure gate waiting room or area;

(v) a federally regulated security screening point;

(vi) a premises;

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

(viii) a rest room;

(ix) a stair, escalator, or elevator;

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

(xi) a public service information counter; or

(xii) an individual waiting in line for access to or service at any of the areas listed at (i) through (xi) of this subparagraph;

(B) a roadway for embarking or disembarking passengers;

(C) an area sufficiently congested to limit freely flowing foot or vehicle traffic, as applicable;

(D) a restricted area;

(E) a driveway providing access to a premises.

(f) A person conducting a first amendment activity may not

(1) sell any merchandise or solicit or receive money, except that a not-for-profit organization may, in the physical presence of a representative, place one stationary receptacle of a style and at a location approved by the department for passive receipt of donations;

(2) use sound or voice amplifying equipment;

(3) place anything on an airport without permission of the department;

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

(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.

(g) A person who conducts a first amendment activity on an airport must recover and properly dispose or otherwise take care of any items that the person 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 department agrees to less frequent cleanup, a person distributing any item in connection with a first amendment activity shall clean up any improperly discarded items that the person distributed at least once each hour after distribution. If that person fails to recover and properly take care of distributed items, the department will perform the cleanup and may seek reimbursement of all costs from the person.

(h) If the department determines that a person's first amendment activities on an airport are likely to generate or are generating litter on the airport, the department may require the person to submit a clean-up deposit of not more than $100 for each day of activity. The department will refund the deposit if the person performs the cleanup required under (g) of this section. If the person fails to perform the cleanup required under (g) of this section, the person shall forfeit the deposit to the department to cover the department's costs of performing the cleanup for the person. The person shall also pay to the department the costs of cleanup not covered by any forfeited deposit. Failure of the person more than once to clean up improperly discarded items is grounds for denial of access to an airport for the conduct of a first amendment activity.

(i) If the department 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 department may order the cessation of 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. 3/28/2002, Register 161; am 11/23/2003, Register 168

Authority: AS 02.15.020

AS 02.15.060

AS 02.15.090

AS 02.15.220

AS 02.15.230