Municipal Airports Code

1.0 Bylaws Relating to Municipal Functions: -

1.1.0 Bylaws Applicable Throughout the Area of Jurisdiction of the Municipality: -

1.1.1.0 Schedule 4B Functions: -

1.1.1.1 MUNICIPAL AIRPORTS: -

A. Municipal Airports Code

A. General

1.0 Glossary: -

In this Municipal Airports Code, the following words and phrases shall have the following meanings ascribed to them: -

Aircraft: Any machine that can derive support in the atmosphere from the reactions of the air other than the reactions of the air against the earth's surface and includes any fixed wing Aircraft, dirigible or helicopter;

Aircraft operator: Any Person engaged in or offering to engage in the operation of any Aircraft, the Owner of any Aircraft or any Person who is or has been acting as agent in the Republic for any Owner not domiciled or resident in the Republic;

Airport: The Virginia Airport and any other defined area of land or water intended to be used either wholly or in part for the arrival, departure or surface movement of Aircraft and includes any buildings, installations and equipment in any such area used in connection with the airport or its administration which is or may be established or maintained by the Metropolitan Council or an Operator as a Municipal Airport;

Airport Fire Orders: Orders prescribing actions and procedures to be taken in the event of an Aircraft accident or incident;

Airport Manager: The Person appointed as "Airport Manager" by the Operator to operate the Airport and approved by the Directorate;

Airport Station Officer: The senior shift officer designated by the Metropolitan Chief Fire Officerresponsible to see that Persons and equipment are properly deployed in response to an incident or accident;

Air Traffic Control: The Air Traffic Control Service providing Air Traffic Servicesfor the control of Airport traffic;

Air Traffic Control Service: A service for: -

(a) Preventing collisions

(i) between Aircraft; and

(ii) on the Manoeuvring Area between Aircraft and obstructions, and

(b) Expediting and maintaining a safe and orderly flow of air traffic;

Air Traffic Control Signs: Signs to facilitate the safe and efficient manoeuvring and segregation of Aircraft, Vehicles and equipment consistent with regulations made under Articles 28 and 37 of the Chicago Convention of 7th December, 1944;

Air Traffic Services: Any aerodrome control service, an approach control service, a flight information service, an air traffic advising service, an alerting service or any other service designated by the Commissioner;

Air Traffic Surface Markings: Markings to facilitate the safe and efficient manoeuvring and segregation of Aircraft, Vehicles and equipment consistent with regulations made under Article 37 of the Chicago Convention of 7th December, 1944;

Authorised Parking Area: An area designated by the Airport Managerby Air Traffic Surface Markings where Aircraft are to be parked;

Building includes: -

(a) any other structure, whether of a temporary or permanent nature and irrespective of the materials used in the erection thereof, erected or used for or in connection with: -

(i) the accommodation or convenience of human beings or animals;

(ii) the manufacture, processing, storage, display or sale of goods;

(b) any wall, swimming bath, swimming pool, reservoir or bridge or any other structure connected therewith;

(d) any part of a building, including a Building as defined in paragraph (a), (b) or (c);

(e) any facilities or system, or part or portion thereof, within or outside but incidental to a Building, for the provision of a water supply, drainage, sewerage, stormwater disposal, electricity supply or other similar service in respect of the building;

Charge: Property rates, levies, fees, taxes and tariffs in respect of any Function or service of the Metropolitan Council;

Code: When used without qualification, the "Municipal Airports Code" set out in this instrument;

Commissioner: The Commissioner of Civil Aviation appointed in terms of section 5(1) of the Aviation Act, 1962 (Act No.74 of 1972);

Constitution: The Constitution of the Republic of South Africa Act, 1996 (Act No. 108 of 1996);

Dependence-producing substance: A dependence-producing substance as defined in the Drugs and Drug Trafficking Act, 1992 (Act No. 140 of 1992);

Directorate: The Directorate of Civil Aviation of the Department of Transport, Republic of South Africa;

Flammable Liquids or Substances: Any liquid or other substance having a flashpoint lower than 121⁰ Celsius;

Full Cost: includes such sum as the Metropolitan Council shall certify as being the full cost of carrying out the work including any supervision, administration Charge and the use of tools and plant, as well as any expenditure or labour involved;

Function: Any function or part of a function of the Metropolitan Council as devolved on the Metropolitan Council in terms of the Constitution, the Local Government Transition Act, 1993 (Act No. 209 of 1993) or any other law;

Landing Field: The Runway, the Manoeuvring Area and those parts of an Airport for the embarkation and disembarkation of passengers and the loading and off-loading of goods from Aircraft (excluding any Buildings);

Law Enforcement Agency: An agency established in terms of Item 29 of Schedule 2A of the Local Government Transition Act, 1993 (Act No. 209 of 1993) in conformity with the provisions of the South African Police Services Act, 1995 (Act No. 68 of 1995);

Law Enforcement Officer: Any servant or officer of the Metropolitan Council charged with the administration or enforcement of any law, Bylaws or regulation relating to the Metropolitan Council whether a member of a Law Enforcement Agency or of the kind referred to in section 72(5)(a) of the South African Police Services Act, 1995(Act No. 68 of 1995);

Manoeuvring Area: That part of an Airport to be used for the take off, landing and taxi-ing of Aircraft;

Metropolis: The area of jurisdiction of the Metropolitan Council;

Metropolitan Chief Fire Officer: The Person in charge of the Metropolitan Fire Service;

Metropolitan Council: The Durban Transitional Metropolitan Council established under Proclamation LG 123 of 1995(KZN);

Metropolitan Fire Service: The fire brigade service of the Metropolitan Council designed to be employed for preventing the outbreak or spread of fire; fighting or extinguishing a fire; the protection of life or property against a fire or other threatening danger; subject to the provisions of the Health Act, 1977 (Act No. 63 of 1977), the rendering of an ambulance service as an integral part of the fire brigade service and the performance of any other Function of the Metropolitan Councilconnected with any such matters;

Motor Vehicle: Any self-propelled Vehicle and includes: -

(a) a trailer; and

(b) a Vehicle having pedals and an engine or an electric motor as an integral part thereof or attached thereto and which is designed or adapted to be propelled by means of such pedals, engine, motor, or both such pedals and engine or motor, but does not include: -

(i) any Vehicle propelled by electrical power derived from storage batteries and which is controlled by a pedestrian; or

(ii) any Vehicle with a mass not exceeding 230 kilograms and specially designed and constructed and not merely adapted, for the use of any person suffering from some physical defect or disability and used solely by such person;

Municipal Airport: A "Municipal Airport" as contemplated in Schedule 4B of the Constitution;

Municipal Civil Protection: The persons operating the system for civil protection in the Metropolisin terms of the plan established under paragraph 3(18) of Proclamation 38 of 1996;

Municipality: A "Municipality" within the meaning of the Constitution;

Normal Hours: 06h00 to 22h00;

Notice Board: A notice board or boards provided by the Metropolitan Council at such place as is prescribed for the display of particular information in this Code;

Operator: A Municipality or any other Person contracted by the Metropolitan Council to carry out any Function or part of a Functionof the Metropolitan Council who is not an employee of the Metropolitan Council but includes any employee or agent of such Operator appointed by such Operator and, in default of the Metropolitan Councilcontracting with an Operator in respect of any Municipal Airport, the Metropolitan Council shall be the Operator for such Municipal Airport;

Parking: Keeping a Vehicleor Aircraft, whether occupied or not, stationary for a period of time longer than is reasonably necessary for the actual loading or off-loading of people or goods or the owning or possessing of any Vehicle or Aircraft by reason of a cause beyond the control of the Person so keeping such Vehicle or Aircraftand "park" shall have a corresponding meaning;

Person: includes, where appropriate, any corporate person;

Regulations: Regulations made under any convention or law for the control of Civil Aviation;

Regulator: The Metropolitan Council in its public legal capacity where any Person has been appointed by contract with the Metropolitan Council to carry out any Function;

Road Traffic Marking: Any surface marking conforming with the specifications in the regulations made under the Road Traffic Act, 1996 (Act No. 93 of 1996);

Road Traffic Sign: Any sign conforming with the specifications in the regulations made under the Road Traffic Act, 1996 (Act No.93 of 1996);

Runway: The prepared surface of land used for the take off and landing of Aircraft on the Airport constructed or demarcated for the landing or take-off of Aircraft along its length;

Signage: Any prohibitory signage displayed under the authority of the Metropolitan Council or the Airport Manager;

Vehicle: A device designed or adapted mainly to travel on wheels or crawler tracks and includes such a device which is connected with a draw-bar to a breakdown vehicle and is used as part of the towing equipment of a breakdown vehicle to support any axle or all the axles of a Motor Vehicle which is being salvaged other than such a device which moves solely on rails;

Vehicular traffic: The flow or movement of Vehicles;

Virginia Airport: Lot Beachwood No. 13855 in the City of Durban, Administrative District of Natal held by the Metropolitan Council under Crown Grant No 107 of 1952 measuring in extent approximately 16,99 hectares as more fully appears on Plan No. 572322 but restricted to the area depicted A to Y on the said plan, the enhancements of the said property and the goods, equipment, goodwill, system and staff necessary or incidental to running an airport in terms of any law on the property aforementioned under the licence 406 issued in respect of the Airport by the Commissioner;

2.0 Repeals: -

The Bylaws for the Durban Municipal Aerodrome, 1962 of the former City Council of the City of Durban published under Provincial Notice No. 118 of 1962 are hereby repealed.

B. Operational

1.0 Admission and control of the Public: -

1.1 No Person, other than a Person embarking or disembarking from an Aircraft, shall enter or leave the Airport otherwise than through a gate or entrance provided for that purpose.

1.2 No Person shall enter any part of the Airport from which members of the public are excluded by Signage, except with the permission of the Operator.

1.3 The Metropolitan Council may determine a Charge to be levied by the Operator for entry by any Person or Vehicle to an Airport.

2.0 Regulation and Control of Vehicular or Pedestrian Traffic: -

2.1 No Person shall fail to obey and observe any road traffic sign or road traffic markingerected, placed or demarcated by or on behalf of the Metropolitan Council at an Airportfor the purpose or warning, guiding, regulating, controlling, restricting or prohibiting vehicular traffic or pedestrians or for controlling, restricting or prohibiting the parking of Vehicles on the Airport or any part thereof.

2.2 The Metropolitan Council may determine a Charge to be levied by the Operator for the parking of any Vehicle in an Airport.

3.0 Regulation and Control of Ground Air Traffic: -

3.1 No Person operating or in control of any Aircraft shall fail to obey any Air Traffic Control Sign or surface marking erected or placed by or on behalf of the Metropolitan Council for the purpose of regulating, controlling or restricting the movement, parking or fuelling of Aircraft at an Airport.

3.2 No Person shall Park or leave unattended or cause, allow, permit or suffer to be parked or left unattended any Aircraft: -

(1) anywhere on a Runway;

(2) in such a position at an Airport so as to endanger Aircraft landing on or taking off from the Runway.

3.3 No Person shall, save in an emergency, use a portion of an Airport other than a Runwayfor landing or taking off of an Aircraft.

3.4 No Person shall cause, allow, permit or suffer any Aircraft to be Parked or berthed on an Airport, except in an area which is demarcated by Air Traffic Control Signs or surface markings as being set aside for that purpose, without the permission of the Airport Manager.

3.5 No Person operating any Aircraft shall Park or cause, allow, permit or suffer any Aircraftto be Parked in an Authorised Parking Area at an Airport and unattended unless properly moored or otherwise secured by the Person operating or in control of that Aircraft.

3.6 No Person shall start or cause, allow, permit or suffer any engine of an Aircraft to be started: -

(1) unless: -

(a) there is a pilot or a competent Person at the controls; and

(b) (i) where the Aircraft is not fitted with brakes, effective and properly constructed chocks are placed in front of its wheels, or

(ii) where the Aircraft is fitted with brakes, an effective braking system is in use; or

(2) in any hangar on the Airport,

without the permission of the Airport Manager.

3.7 No Person shall run or cause, allow, permit or suffer any engine of an Aircraft to be run: -

(1) while the Aircraft is stationary at an Airport and is in a position where the airstream is likely to cause damage or injury to any building, Aircraft or Person; or

(2) while the Aircraft is stationary at an Airport unless: -

(a) where the Aircraft is not fitted with brakes, effective and properly constructed chocks are placed in front of its wheels, or

(b) where the Aircraft is fitted with brakes, an effective braking system is in use; or

4.0 Flight Control: -

4.1.0 Take off: -

4.1.1 Boarding of Aircraft: -

No Person shall on an Airport, board an Aircraft without the permission of the Person in lawful charge of such Aircraft.

4.1.2 Runway control: -

No Person operating any Aircraft shall taxi or place any Aircraft on any Runway without the permission of Air Traffic Control during Normal Hours.

4.1.3 Barring of Take off: -

The Operator or his representative may prevent an Aircraft, pilot or passenger from leaving the Airport on instructions from: -

(a) the Directorate;

(b) the Department of Defence;

(d) the Department of Customs and Excise;

(e) the South African Police Services; or

(f) any other authority having the legal right to issue such instruction.

4.1.4 Take off Clearance: -

No Person operating any Aircraft at an Airportshall cause such Aircraft to become airborne without the permission of Air Traffic Control during Normal Hours.

4.2.0 Landing: -

4.2.1.0 Night Landing: -

4.2.1.1 No personshall operate, cause, allow, permit or suffer to be landed, or participate in any way in any landing of, any Aircraft at an Airport outside of Normal Hours other than in an emergency or with the permission of the Airport Manager.

4.2.1.2 Other than in an emergency, no permission for the use of night-landing facilities after Normal Hoursshall be granted unless received by the Airport Manager during Normal Hours.

4.2.2 Landing Clearance: -

No Person operating any Aircraft shall cause such Aircraft to land at an Airport except with the permission of Air Traffic Control or in an emergency duringnormal hours.

4.2.3 Embarkation and Disembarkation: -

No Person shall be embarked or disembarked or cargo loaded on or unloaded from Aircraftarriving on an Airport from any point outside the Republic of South Africa other than in accordance with the international and national law governing the procedures and practices for international entry into or exit from the Republic.

5.0 General Behaviour: -

No Person shall at an Airport: -

(a) obstruct or interfere with the proper use of an Airport;

(b) obstruct any Person employed by the Operator or the Metropolitan Council acting in the execution of his duty in relation to an Airport;

(c) remove any Notice Board erected by or on behalf of the Operator or Metropolitan Council or remove or deface any writing or document displayed on such Notice Board;

(d) commit

(i) any nuisance;

(ii) any disorderly or indecent act;

(e) be in a state of intoxication or under the influence of a dependence-producing substance;

(f) behave in a violent or offensive manner to the offence or annoyance of other Persons at the Airport; or

(g) make use of abusive, indecent or offensive language.

C. Conditions of Use of Airport facility by Aircraft operators and pilots: -

1.0 Limitation of Liability: -

1.1 The Metropolitan Council, the Operator or their respective employees shall not be responsible for: -

(1) any theft from or damage to an Aircraft or a Vehicle while it is at an Airport;

(2) any death, injury, loss or damage of any kind arising from or out of any take off, ascent, landing or descent of any Aircraft made in connection with an Airport,

and the Aircraft Operator and the pilot of every Aircraft concerned is deemed jointly and severally to indemnify and hold harmless the Metropolitan Council, the Operator and their respective employees and to have undertaken to have kept indemnified and held harmless the Metropolitan Council, the Operator and their respective employees against any claim, suit, demand or action for all damages and costs on an attorney and client scale by any Person arising from or out of: -

(a) any theft from or damage to such Aircraft while it is at the Airport concerned;

(b) any death, injury, loss or damage of any kind arising from or out of any take off, ascent, landing or descent of such Aircraft made in connection with the Airportconcerned.

1.2 Any parking of an Aircraft at the Airport and any take off, ascent, landing or descent of any Aircraft made in connection with an Airport shall be entirely at the risk of the Aircraft Operator of that Aircraft.

1.3 In the event of the Airport being closed due to any emergency or through military exigencies or the taking over of the Airport by the Department of Defence or by the Municipal Civil Protection, no compensation shall become payable to any Personby the Metropolitan Council, the Operator or their respective employees arising from such closure.

2.0 Civil Liability of Aircraft Operator and Pilot: -

It shall be a condition of the use of the Airport by any Aircraft that the owners, Aircraft Operators and pilots thereof shall be jointly and severally responsible for any damage resulting to the Airport or any building or other property therein from the failure of a pilot or of any member of the crew of the Aircraft to comply with this Code or the Regulations or through the negligent act of any such Person.

3.0 Landing and other charges: -

3.1 The Metropolitan Council may determine Landing and other Charges to be levied by the Operator in connection with any Aircraft landing at, parking or operating from an Airport.

3.2 The owners, Aircraft Operators and pilots of Aircraft shall be jointly and severally responsible for any Charges to be levied under section C/3.1.

D. Environment

1.0 Executive Powers: -

1.1 The Aircraft Operator or other Person in lawful charge of any Aircraft or Vehicle which is: -

(1) parked in contravention of this Code, or

(2) which is abandoned or left unattended in a position which interferes with the use of the Airport,

shall, on being directed to do so by the Airport Manager, move such Aircraft or Vehicle to another place indicated by the Airport Manager or from the Airport.

1.2 If such Person fails or refuses or is not present to comply forthwith with any direction given in terms of section D/1.1, the Airport Manager or a Law Enforcement Officer may have such Aircraft or Vehicle moved to such other place or from the Airport and the Operatormay recover the full costsfrom the Aircraft Operator or other Person in lawful charge of the Aircraft or Vehicle concerned.

1.3 The Aircraft Operator of any damaged or disabled Aircraft shall, if directed to do so by the Airport Manager, move such Aircraft or any part thereof or any cargo or thing carried therein to another place on the Airport indicated by the Airport Manager or from the Airport.

1.4 If the Aircraft Operator of a damaged or disabled Aircraft refuses or fails or is not present to comply forthwith with any direction given by the Aircraft Operator in terms of section D/1.3, the Airport Manager may take all steps necessary to ensure that such Aircraft or any part thereof or any cargo or thing carried therein is moved expeditiously and safely in compliance with the said direction and may recover from the Aircraft Operator of that Aircraft the full cost incurred therein.

1.5 The Airport Station Officer and the Metropolitan Chief Fire Officermay issue such Orders as may be necessary or expedient to prevent the outbreak of fire and to counter any fire and all Persons using or employed at the Airport shall make themselves acquainted with and comply with Airport Fire Orders issued by the Airport Station Officer or the Metropolitan Chief Fire Officer from time to time.

1.6 The Airport Manager may impound any animal found straying on any part of the Airport.

1.7 Any executive or civil action by the Airport Manager, a Law Enforcement Officer or the Operatorshall not exempt such Person from a prosecution in respect of such refusal or failure.

2.0 Offences: -

2.1.0 Fire Safety: -

2.1.1 No Person shall on the Airport: -

(1) smoke in or bring an open flame into: -

(a) any place where such act is prohibited by Signage displayed on the direction or with the permission of the Metropolitan Council, or

(b) any place within 15 m of any Aircraft or of any Vehicle used for the supply of fuel to an Aircraft or a store or dump of liquid fuel;

(2) by any act or omission cause or render likely an outbreak of fire;

(3) tamper or interfere with any fire hose reel, hydrant or any other item of equipment provided solely for fire fighting purposes;

(4) keep, store, discard or discharge any Flammable Liquids or Substances except in an Aircraft in the receptacle appropriate for the purpose or in a place on the Airportspecifically approved by the Airport Station Officer for the purpose;

(5) store or stack any material or equipment in a manner which in the opinion of the Metropolitan Chief Fire Officeror Airport Station Officer constitutes or will constitute a fire hazard, or

(6) supply fuel to any Aircraft except at a place and in a manner approved by the Airport Station Officer.

2.1.2 The Airport Station Officer may make any approval granted by him in terms of section D/2.1.1 (3) or (5) subject to compliance with such conditions as he may consider necessary to safeguard Persons or property on the Airport and he may from time to time vary or add to any condition so imposed or withdraw his approval.

2.2.0 Other Safety: -

2.2.1.0 Control of Animals: -

2.2.1.1 No Person shall cause or permit any animal to graze, feed or stray on an Airport.

2.2.1.2. No Person bringing an animal or receiving an animal into an Airport shall fail to ensure that it is at all times under proper control while it remains on the Airport.

2.2.1.3 No Person shall cause or permit any dog belonging to him or in his charge to enter or remain on an Airport unless such dog is, and at all times while on an Airport, continues to be, on a leash and is effectively restrained from causing annoyance or damage to any other Personon such Airport.

2.2.2.0 Control of Equipment: -

2.2.2.1 No Person shall in any Airport: -

(1) leave any chock, drum, loading step, trestle or other equipment capable of causing an obstruction on the Landing Field except when its presence there is actually and immediately necessary; or

(2) throw, leave or drop anything capable of causing injury to any Person or animal or damage to any property.

2.2.2.2 No Person shall in any Airport -

(1) damage, interfere or tamper without authority, with any part of the Airport or any equipment associated with the operation of the Airport; or

(2) tamper or interfere in any way whatsoever with any Aircraft or anything used in connection therewith.

except with the permission of the Person in lawful charge of an Aircraft.

2.2.3 Prevention of Flying Hazards: -

No Person shall fly any kite or similar potential hazard to Aircraft from an Airport or within five kilometres of the perimeter fence of an Airport.

2.2.4 Non-compliance with directives: -

No Person shall fail to obey any Fire Order or directive given under this Code.

2.3 Other Environment: -

No Person at an Airport shall: -

(1) go on to or damage any lawn or flower bed;

(2) remove or pick any soil, grass, tree, shrub or flower without the express permission of the Airport Manager; or

(3) dump or deposit any waste matter or refuse whatsoever elsewhere than in a receptacle or at a place provided or approved for the purpose by the Airport Manageror set aside for that purpose by Signage.

E. Offences

1.0 Any Person who -

(a) contravenes any provision of sections B/1.1, 1.2, 2.1, 3.0, 4.1.1, 4.1.2, 4.1.4, 4.2.1.1, 4.2.2, 4.2.3, 5.0 or D/2.0 of this Code; or

(b) contravenes any conditions imposed upon the granting of any application, consent, approval, concession, relaxation, permit or authority in terms of this Code; or

shall be guilty of an offence and liable, upon conviction, to a maximum penalty of six months imprisonment or to a fine as prescribed for the offence under the Adjustments of Fines Act, 1991 (Act No. 101 of 1991).

2.0 Failure to comply with the terms of any condition or Notice referred to in section E.1.0(b) or (c) above shall constitute a continuing offence and a Person failing to comply with the terms of such condition or Notice shall be guilty of a separate offence for each day during which he fails to comply with such terms.

3.0 Every Person shall be irrebuttably presumed to know the provisions of this Code and, in relation to each Airport, of every Airport Fire Order published under the hand of the Airport Station Officeror the Metropolitan Chief Fire Officeron the Notice Board of that Airport.