TOWN OFPEACE R1VER BYLAW NO. 1876
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2 TOWN OFPEACE R1VER BYLAW NO A BYLAW OF THE TOWN OF PEACE RiVER IN THE PROVINCE OF ALBERTA TO GOVERN TIlE APPLICATION OF TIlE TOWN S BYLAWS AT THE PEACE RiVER AIRPORT WHEREAS the Municipal Council of the Town of Peace River deems it advisable and necessary to make provisions for the application of certaii of its bylaws at the Peace River Airport; AND WUEREAS The Peace River Airport is located within the jurisdiction of the Municipal District of Peace No. 135; AND WHEREAS The Town and the Municipal District of Peace No. 135 have agreed that it would be to their mutual benefit to have the Town of Peace River enforce certain of its bylaws at the Airport including the establishment of a bylaw relating to the imposition of specific rules, regulations, prohibitions, rates, fees and charges relating to the use and operation of the Airport; and the enforcement of Town bylaws relating to traffic and parking of motor vehicle and aircraft at the Airport; AND WHEREAS pursuant to section 12 of the Municipal Government Act, R.S.A. 2000, c.m-26, the Town of Peace River and the Municipal District of Peace No. 35 have entered an agreement to permit the Town to enforce bylaws of the Town within the boundaries of the MD and have agreed to pass a bylaw providing for such. The Town of Peace River Council duly assembled enacts as follows 1. INTERPRETATION: 1.1. This Bylaw is cited as the Town of Peace River Airport Operations Bylaw Airport means the Town of Peace River Airport on land legally described as: All ofnwl/ W5 Prt ofnel/ W5 Pit of SWI/ W5 Pit ofnel/ W5 Pit of SEI/ W5
3 Town of Peace River Bylaw No Page Airport Manager means the manager designated as the Airport Manager by the CAO CAO is the Chief Administrative Officer of the Town of Peace River Council means the Council of the Town of Peace River Municipal District means the Municipal District of Peace No Occupant means any lessee or user of the Airport Peace Officer isa member of the Royal Canadian Mounted Police or a Bylaw Enforcement Officer of the Town of Peace River Town is the Town of Peace River Violation Ticket is a ticket issued pursuant to Part 2 or 3 of the Provincial Offences Procedure Act, R.S.A. 2000, c.p AIRPORT OPERATION: 2.1. The fees to be charged as landing fees for aircraft landing at the Airport and as aircraft parking fees at the Airport (both for domestic and international flights) as well as general terminal fees to be levied at the Airport are set out in Schedule A which forms part of this bylaw. 2.2 The Town reserves the right to terminate the use of the Airport for any of the following reasons: a. non-payment of any fee, rate, or charge when due; b. use of Airport facilities contrary to this Bylaw; c. use contrary to Transport Canada requirements. 2.3 All Occupants shall comply with the requirements of this Bylaw and all operating procedures, agreements, rules and regulations relating to the operation of the Airport. 2.4 No Occupant shall knowingly use the Airport for any purpose contrary to the conditions of approval for use of the Airport, however granted.
4 Town of Peace River Bylaw No Page 3 3. PARKING REGULATIONS: 3.1 The Town may establish from time to time designated parking areas, for aircraft and motor vehicles, together with the rate and charges payable for such parking within such designated areas. 3.2 No person shall park an aircraft at the Airport except within designated parking areas without first obtaining the written consent of the Airport Manager. 3.3 Any aircraft parked contrary to the provisions of this Bylaw or in any area where aircraft parking is prohibited may be towed away at the expense of the owner of the aircraft and may be maintained by the Town or its agent in storage until the owner pays all towing costs, storage costs, unpaid parking fees and outstanding fines or penalties. 3.4 The Town or its agent shall be entitled to seize and take possession of an aircraft which is parked in a prohibited area or otherwise parked contrary to this Bylaw and shall be entitled to retain such aircraft in its possession until such time as it has received payment of all outstanding towing charges, storage costs, unpaid parking fees, fines and penalties. 3.5 The provisions of the Town s Traffic & Streets Bylaw #1746, as amended, apply to the Airport and can be enforced by a Peace Officer. 5. ENFORCEMENT: 5.1. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable to penalty as set out in Schedule B which forms part of this Bylaw Except in a case where a specific penalty is provided by the provisions of this Bylaw, any person violating any provision of this Bylaw or any person responsible for such violation shall be liable on conviction to pay a fine not exceeding $ A Peace Officer is hereby authorized and empowered to issue a Violation Tag to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw.
5 Town of Peace River Bylaw No Page A Violation Tag may be issued to such person: a. either personally, or b. by mailing a copy to such person at his last known post office address The Violation Tag shall be in a form approved by the CAO and shall state: a. the appropriate penalty for the offence as set out in this Bylaw; b. the name of the person; c. the offence; d. that the penalty shall be paid within thirty (30) days of the issuance of the Violation Tag; e. any other information as may be required by the CAO Where a contravention of this Bylaw is of a continuing nature, the Peace Officer may issue fuiither Violation Tags, provided that no more than one Violation Tag shall be issued for each day that the contravention continues Where a Violation Tag is issued pursuant to this Bylaw, the person to whom the Violation Tag is issued may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified on the Violation Tag Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation Ticket for the mandatory Court appearance of any person who contravenes any provision of this Bylaw If the penalty specified on a Violation Tag is not paid within the prescribed time period then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, RSA 2000, c. P Notwithstanding Section 5.8 of this Bylaw, a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, RSA 2000, c. P-34, as amended, to any person who the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw.
6 Town of Peace River Bylaw No Page In addition to the fines, which may be issued under this bylaw or the bylaws referenced herein, the Town may seek an Order of Court granting an injunction or any other Order necessary to enforce compliance. The Town will seek full recovery of such legal costs either through the court system or by adding the costs of such action to the tax roll. 6. REPEAL OF BYLAW Bylaw 1603 is hereby repealed. 7. SEVERABILITY PROVISION 7.1 Should any provision of this Bylaw be invalid, then such provision shall be severed and the remaining Bylaw shall be maintained. 8. EFFECTIVE DATES AND READINGS: 8.1 This bylaw shall come into force and effect on the final passing thereof. Read for the first time this 26 day of July, th th Read for the second time this 26 day of July, Read for the third time and duly passed this 26 day of July, th Ma or his Callioux Norrha acquarrie, CAO
7 Town of Peace River Bylaw No Page 6 Schedule A Town of Peace River Fees, Rates and Charges for Services at the Peace River Airport Category Rate Fee Airport Operating Per passenger, charged on both enplaning and deplaning. $8.50 Fee Aircraft Landing Fees A Charge for aircraft weight a) Minimum charge per flight landing $7.96 b) A charge for aircraft weight calculated as follows: 2 Aircraft Weight Charge per 1,000 kg. or fraction thereof DOMESTIC FLIGHT LANDING CHARGES: Not more than 21,000 kg. $1.71 More than 21,000 kg. but not more than 45,000 kg. $2.20 More than 45,000 kg. $2.57 INTERNATIONAL FLIGHT LANDING CHARGES Not more than 30,000 kg. $3.37 More than 30,000 kg. but not more than 70,000 kg. $4.15 More than 70,000 kg. $5.74 Aircraft Parking Fees A fee charged after 6 hours based on weight of aircraft 3 Daily 2,000 kg or less $6.11 More than 2,000 kg. but not more than 5,000 kg. $6.11 More than 5,000 kg. but not more than 10,000 kg. $10.82 More than 10,000 kg. but not more than 30,000 kg. $20.01 More than 30,000 kg. but not more than 60,000 kg. $31.00 More than 60,000 kg. but not more than 100,000 kg. $46.79 More than 100,000 kg. but not more than 2000,000 kg. $78.23 More than 200,000 kg. but not more than 300,000 kg. $ More than 300,000 kg. $ Monthly 2,000 kg or less $49.06 More than 2,000 kg. but not more than 5,000 kg. $49.06 More than 5,000 kg. but not more than 10,000 kg. $ More than 10,000 kg. but not more than 30,000 kg. $ Exemptions: Pilot/co-pilot, medivac flight, no passengers, or purpose of trip to refuel. 2 Exemptions: Aircraft registered in private name, unless S seats and up. Piston aircraft under $15 no invoice sent. Airport Tenants, $2.00 per piston aircraft, Minimum charge for helicopters $3.98, No Charge Tenant Training. Charged on apron or grassy area of airport over 6 hours. Monthly and annual rate must be requested in advance.
8 400 Town of Peace River Bylaw No Page 7 More than 30,000 kg. but not more than 60,000 kg. More than 60,000 kg. but not more than 100,000 kg. More than 100,000 kg. but not more than 2000,000 kg. $ $ $1, More than 200,000 kg. but not more than 300,000 kg. $2, More than 300,000 kg. $2, Annual 2,000 kg or less $ More than 2,000 kg. but not more than 5,000 kg. $37227 General Terminal Fees Charged to all aircraft with over 10 passenger seats accessing terminal building. 4 DOMESTIC FLIGHT PER AIRCRAFT Seating Capacity $ $ $ $ $ $ $ $ $ $ $ $ INTERNATIONAL FLIGHT PER AIRCRAFT Seating Capacity $ $ $ $ $ $ $ $ $ $ $1, $1, Fuel Flowage Fee 5 Av Gas $0.05! litre Jet Fuel $0052! litre Engine Oil $0013! litre Vehicle Parking Fees 6 Fee charged to aircraft that utilize the Air Terminal Building (not charged to itinerant aircraft filing flight plan only accessing Flight Services entrance). Fee paid to Airport from refuellers.
9 Town of Peace River Bylaw No Page 8 Non Electrical DaHy 3.00 Weekly Monthly Electrical Daily 6.00 Weekly Monthly Land Lease Terminal Space Lease rates to be negotiated with the airport operator based on location (airside or groundside). Lease rates to be negotiated with the airport operator. Long Term Parking Tags are available on request with long term rates.
10 Town of Peace River Bylaw No Page 9 Schedule B Town of Peace River Penalties Schedule Section No. Minimum Penalty Maximum Penalty 3.3 Parking or storage of $ $ aircraft, parts, equipment
11 TOWN OF PEACE RIVER BYLAW NO A BYLAW OF THE TOWN OF PEACE RIVER IN THE PROVINCE OF ALBERTA TO GOVERN THE APPLICATION OF THE TOWN S BYLAWS AT THE PEACE RIVER AIRPORT AND TO REPEAL BYLAW 1876 WHEREAS the Municipal Council of the Town of Peace River deems it advisable and necessary to make provisions for the application of certain of its Bylaws at the Peace River Airport; AND WHEREAS the Peace River Airport is located within the jurisdiction of the Municipal District of Peace No. 135; AND WHEREAS the Town and the Municipal District of Peace No. 135 have agreed that it would be to their mutual benefit to have the Town of Peace River enforce certain of its Bylaws at the Airport, including the establishment of a Bylaw relating to the imposition of specific rules, regulations, prohibitions, rates, fees and charges relating to the use and operation of the Airport; and the enforcement of Town Bylaws relating to traffic and parking of motor vehicles and aircraft at the Airport; AND WHEREAS pursuant to section 12 of the Municipal Government Act, R.S.A. 2000, c.m-26, the Town of Peace River and the Municipal District of Peace No. 135 have entered into an agreement to permit the Town to enforce Bylaws of the Town within the boundaries of the MD and have agreed to pass a Bylaw providing for such. The Town of Peace River Council duly assembled enacts as follows: 1. INTERPRETATION: 1.1. This Bylaw is cited as the Town of Peace River Airport Operations Bylaw Airport means the Town of Peace River Airport on land legally described as: All of NW ¼ W5 Part of NE ¼ W5 Part of SW ¼ W5 Part of NE ¼ W5 Part of SE ¼ W Airport Manager means the manager designated as the Airport Manager by the CAO. Page 1 of 8
12 TOWN OF PEACE RIVER BYLAW NO CAO is the Chief Administrative Officer of the Town of Peace River Council means the Council of the Town of Peace River Municipal District means the Municipal District of Peace No Occupant means any lessee or user of the Airport Peace Officer is a member of the Royal Canadian Mounted Police or a Bylaw Enforcement Officer of the Town of Peace River Town is the Town of Peace River Violation Ticket is a ticket issued pursuant to Part 2 or 3 of the Provincial Offences Procedure Act, R.S.A. 2000, c.p Mechanical Flight is a flight conducted for the sole purpose of diagnosing mechanical issues or determining the airworthiness of an aircraft Training Flight is a flight conducted for the sole purpose of training flight crew. 2. AIRPORT OPERATION: 2.1. The fees to be charged as landing fees for aircraft landing at the Airport and as aircraft parking fees at the Airport (both for domestic and international flights) as well as general terminal fees to be levied at the Airport are set out in Schedule A which forms part of this Bylaw The Town reserves the right to terminate the use of the Airport by any business, individual or entity for any of the following reasons: Non-payment of any fee, rate, or charge when due; Use of Airport facilities contrary to this Bylaw; or Use contrary to Transport Canada requirements All Occupants shall comply with the requirements of this Bylaw and all Operating Procedures, Agreements, Rules and Regulations relating to the operation of the Airport No Occupant shall knowingly use the Airport for any purpose contrary to the conditions of approval for use of the Airport, however granted. Page 2 of 8
13 TOWN OF PEACE RIVER BYLAW NO PARKING REGULATIONS: 3.1. The Town may establish from time to time designated parking areas, for aircraft and motor vehicles, together with the rate and charges payable for such parking within such designated areas No person shall park an aircraft at the Airport except within designated parking areas without first obtaining the written consent of the Airport Manager Any aircraft parked contrary to the provisions of this Bylaw or in any area where aircraft parking is prohibited may be towed away at the expense of the owner of the aircraft and may be maintained by the Town or its agent in storage until the owner pays all towing costs, storage costs, unpaid parking fees, and outstanding fines or penalties The Town of its agent shall be entitled to seize and take possession of an aircraft which is parked in a prohibited area or otherwise parked contrary to this Bylaw and shall be entitled to retain such aircraft in its possession until such time as it has received payment of all outstanding towing charges, storage costs, unpaid fees, fines and penalties The provisions of the Town s Traffic and Streets Bylaw No. 1746, as amended, apply to the Airport and can be enforced by a Peace Officer. 4. ENFORCEMENT: 4.1. Any person who contravenes any provision of this Bylaw is guilty of an offence and is liable to penalty as set out in Schedule B which forms part of this Bylaw Except in a case where a specific penalty is provided by the provisions of this Bylaw, any person violating any provision of this Bylaw or any person responsible for such violation shall be liable on conviction to pay a fine not exceeding $ A Peace Officer is hereby authorized and empowered to issue a Violation Ticket to any person who the Peace Officer has reasonable and probable grounds to believe has contravened any provision of this Bylaw A Violation Ticket may be issued to such person: Either personally, or Page 3 of 8
14 TOWN OF PEACE RIVER BYLAW NO By mailing a copy to such person at his last known post office address The Violation Ticket shall be in a form approved by the CAO and shall state: The name of the person; The offence; The appropriate penalty for the offence as set out in this Bylaw; That the penalty shall be paid within thirty (30) days of the issuance of the Violation Ticket; and Any other information as may be required by the CAO Where contravention of this Bylaw is of a continuing nature, the Peace Officer may issue further Violation Tickets, provided that no more than one (1) Violation Ticket shall be issued for each day that the contravention continues Where a Violation Ticket is issued pursuant to this Bylaw, the person to whom the Violation Ticket is issued may, in lieu of being prosecuted for the offence, pay to the Town the penalty specified on the Violation Ticket Nothing in this Bylaw shall prevent a Peace Officer from immediately issuing a Violation Ticket for the mandatory Court appearance of any person who contravenes any provision of this Bylaw If the penalty specified on a Violation Ticket is not paid within the prescribed time period, then a Peace Officer is hereby authorized and empowered to issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, R.S.A. 2000, c.p Notwithstanding Section 4.8 of this Bylaw, a Peace Officer is hereby authorized and empowered to immediately issue a Violation Ticket pursuant to Part II of the Provincial Offences Procedure Act, R.S.A. 2000, c.p-34, as amended, to any person who the Peace Officer has reasonable grounds to believe has contravened any provision of this Bylaw In addition to the fines, which may be issued under this Bylaw of the Bylaws referenced herein, the Town may seek an Order of Court granting an injunction or any other Order necessary to enforce compliance. The Town will seek full recovery of such legal costs either through the Court System or by adding the costs of such action to the Tax Roll. Page 4 of 8
15 TOWN OF PEACE RIVER BYLAW NO REPEAL OF BYLAW NO. 1876: 5.1. Bylaw No is hereby repealed. 6. SCHEDULES: 6.1. The following Schedules form part of this Bylaw: SCHEDULE A Town of Peace River Fees, Rates and Charges for Services at the Peace River Airport; and SCHEDULE B Town of Peace River Penalties. 7. SEVERABILITY PROVISION: 7.1. Should any provision of this Bylaw be invalid, then such provision shall be severed and the remaining Bylaw shall be maintained. 8. EFFECTIVE DATES AND READINGS: 8.1. The Bylaw shall come into force and effect on April 1, 2017 after third reading and on being signed. Read for a first time this day of, Read for a second time this day of, Read for a third and final time this day of, Signed by the Mayor and Chief Administrative Officer this, day of Thomas Tarpey Mayor Christopher J. Parker Chief Administrative Officer Page 5 of 8
16 TOWN OF PEACE RIVER BYLAW NO SCHEDULE A Town of Peace River Fees, Rates and Charges for Services at the Peace River Airport Airport Operating Fee 1 Charge per passenger Emplaning $10.00 Deplaning $10.00 Landing Fee (kg) 2 Charge per 1000kg or portion thereof Minimum $ ,000 $ ,000-45,000 $ ,000 + $6.50 Call Out Fee $ Aircraft Parking (kg) Charged after 6 hours Daily 0 2,000 $ ,000-5,000 $ ,001-10,000 $ ,001-30,000 $ ,001-60,000 $ , ,000 $ , ,000 $ Annual 0 2,000 $ ,000-5,000 $ ,001-10,000 $1, ,001-30,000 $2, ,001-60,000 $3, , ,000 $5, ,001 + $7, Exemptions: Pilot/Co-Pilot, Medivac flight, no passengers, and Piston aircraft under 2,500kg. 2 Exemptions: Piston aircraft under 2,500kg, training flights and mechanical flights. Page 6 of 8
17 Fuel Flowage Fee AvGas $.05/liter Jet Fuel $.052/liter Engine Oil $.013/liter Vehicle Parking Fee Charged upon entry to car park Daily $8.00 Weekly $45.00 Monthly $ Annual $1, TOWN OF PEACE RIVER BYLAW NO Land Lease Terminal Space Lease rates to be negotiated with the Town of Peace River based on location and current market values. Lease rates to be negotiated with the Town of Peace River based on location and current market values. Page 7 of 8
18 SCHEDULE B Town of Peace River Penalties TOWN OF PEACE RIVER BYLAW NO Section No. 4.1 Parking or storage of aircraft, parts Minimum Penalty $ $ Maximum Penalty Page 8 of 8
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