Document Pickenscountyga_doc_d76def4c45

Page 1 of 53 STATE OF GEORGIA ORDINANCE NO. COUNTY OF PICKENS AN ORDINANCE TO ADOPT AND ADD NEW CHAPTER 13, ENTITLED “AVIATION”, TO THE CODE OF ORDINANCES, PICKENS COUNTY, GEORGIA TO PROTECT, PRESERVE AND FURTHER THE OVERALL INTERESTS OF THE PUBLIC OF PICKENS COUNTY GEORGIA BY FACILITATING COMPLIANCE BY ALL RELEVANT PARTIES IN RELATION TO THE PICKENS COUNTY AIRPORT WITH APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS BE IT ORDAINED by the Board of Commissioners of Pickens County, Georgia as follows: WHEREAS, the Constitution of the State of Georgia, approved by the voters of the State of Georgia in November of 1982, and effective July 1, 1983, provides in Article IX, Section IV, Paragraph II thereof that the governing authority of a county may adopt clearly reasonable ordinances, resolutions, and regulations; and WHEREAS, said Constitution of the State of Georgia, further provides in Article IX, Section II, Paragraph I, Subparagraph thereof that the governing authority of a county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with the Constitution or any local law applicable thereto. WHEREAS, O.C.G.A. § 36-1-20 authorizes counties to enact ordinances for protecting and preserving public health, safety and welfare in a county’s unincorporated areas; and WHEREAS, the Code of Ordinances, Pickens County, Georgia (“Code”) through its original adoption and through subsequent amendments thereto, is comprised of the ordinances that empower the Pickens County Board of Commissioners (“Board”), as the governing authority of Pickens County, to enable the administration and management of its property, affairs, and local government and to enable the governing and policing of the unincorporated areas of Pickens County, in both cases for the purpose of protecting, preserving and furthering public health, safety, welfare and quality of life therein; and WHEREAS, the Board assumed operational control of the Pickens County Airport on May 13, 2025 from the Pickens County Airport Authority which was dissolved by the Georgia General Assembly by way of Act No. 240; and ---PAGE BREAK--- Page 2 of 53 WHEREAS, the operations of the Pickens County Airport thereby become a critical affair of the Board on May 13, 2025; and WHEREAS, as one of its critical affairs, the Board has a paramount duty to the public in Pickens County in relation to the Pickens County Airport to operate, manage and regulate it in a manner that best and most effectively protects, preserves and furthers the public’s safety, health, welfare and quality of life in Pickens County, and WHEREAS, the regulation of the operations and activities conducted at and with regard to the Pickens County Airport is subject to various Federal, Georgia and local laws and regulations; and WHEREAS, compliance with said Federal, Georgia and local laws and regulations by all applicable parties regarding operations and activities conducted at the Pickens County Airport is essential to the protection, preservation and furthering of the public’s safety, health, welfare and quality of life in Pickens County; and WHEREAS, the Board, in fulfilling its obligations to the Pickens County public regarding the operations of the Pickens County Airport, is fully committed to enabling and enforcing current and future compliance with applicable Federal, Georgia or local law and/or regulations by all applicable parties under its current and future stewardship of the Pickens County Airport; and WHEREAS, prior thereto, the aforesaid Pickens County Airport Authority was responsible for exercising operational control from April 19, 2006 by way of Act No. 483 of the Georgia General Assembly until its dissolution by the same on March 13,2025; and WHEREAS, the Board, in fulfilling its obligations to the Pickens County public regarding the operations of the Pickens County Airport, is also fully committed to detecting and disabling any mechanism that commenced during the period of the Pickens County Airport Authority’s governance that legitimately caused, may have caused or could have caused noncompliant practices of any variety with applicable Federal, Georgia or local law and/or regulations; and WHEREAS, the City of Jasper annexed into its corporate limits on May 5, 2025 the entirety of the land upon which the Pickens County Airport sits; and WHEREAS, Pickens County and the City of Jasper entered into an intergovernmental agreement on March 4, 2025 pursuant to which Pickens County would regulate and monitor the ---PAGE BREAK--- Page 3 of 53 built environments of all county-owned properties located within the incorporated limits of the City of Jasper in accordance with the applicable provisions set forth in the Code and, correspondingly the City of Jasper would regulate and monitor the built environments of all city- owned properties located outside of the incorporated limits of the City of Jasper in accordance with the applicable provisions set forth in The Code of the City of Jasper, Georgia; and WHEREAS, Pickens County, pursuant to said intergovernmental agreement, regulates and monitors the built environment at the Pickens County Airport; and WHEREAS, the Board intends to adopt and add to the Code new Chapter 13, entitled “Aviation” in order to enable the achievement of the various critical objectives heretofore stated in the previous recitals hereto; and WHEREAS, an appropriately noticed public hearing concerning the adoption and addition of said new Chapter 13 to the Code, was conducted on November 17, 2025. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners, and it is hereby ordained by the authority of the same, as follows: SECTION 1. New Chapter 13, entitled “Aviation”, is hereby adopted and added to the Code by the amendments thereto set forth in Exhibit hereto. SECTION 2. If any provision or clause of this Ordinance is held to be invalid, or if a provision or clause of this Ordinance as applied to any particular situation or set of circumstances is held to be invalid, this invalidity shall not affect other provisions, clauses, or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 3. All ordinances, parts of ordinances, resolutions, or regulations in conflict with this Ordinance this day passed are hereby repealed. SECTION 4. This Ordinance shall become effective immediately upon its adoption. PASSED, ADOPTED, SIGNED, APPROVED, AND EFFECTIVE this 17th day of November 2025. (Signature Page to Follow) ---PAGE BREAK--- Page 4 of 53 PICKENS COUNTY BOARD OF COMMISSIONERS Kris Stancil Chairman Josh Tippens District-1 Commissioner Josh Tatum District-2 Commissioner Attest: County Clerk Lesa Thomason [county seal] ---PAGE BREAK--- Page 5 of 53 EXHIBIT A Adoption and Addition of new Chapter 13 [AVIATION] to the Code of Ordinances, Pickens County, Georgia That the Code of Ordinances, Pickens County, Georgia is hereby amended by adding new Chapter 13 [AVIATION] as follows: Chapter 13 - AVIATION ARTICLE I – GENERAL PROVISIONS DIVISION 1. – EMPOWERMENT, INTENT, OBJECTIVES AND GENERAL RESPONSIBILITIES. Sec. 13-1. – Empowerment to Adopt. The Board of Commissioners of Pickens County, Georgia (“Board of Commissioners”), constituting the governing authority of Pickens County, hereby adopts this Chapter 13 of the Code of Ordinances, Pickens County, Georgia (“Code”) and will amend it from time to time in the future pursuant to Article IX, Section II, Paragraph I, Subparagraph of the Constitution of the State of Georgia. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-2. – Duty, Intent and Objectives. Duty. 1. The Board of Commissioners hereby declares that it has a paramount duty to the public in Pickens County in relation to the Pickens County Airport to operate, manage and regulate said airport in the manner that best protects, preserves and furthers the public’s safety, health, welfare and quality of life in Pickens County. 2. The Board of Commissioners further declares said duty requires it to facilitate the enablement of compliance with applicable Federal, Georgia or local law and/or regulations by all applicable parties. ---PAGE BREAK--- Page 6 of 53 Intent. 1. Through the provisions of this Chapter, the Board of Commissioners intends to ensure the most effective regulation of the operations and activities conducted at the Pickens County Airport to enable the aforesaid compliance and to thereby facilitate the most effective operations possible thereat. 2. In regard to Subsection the Board of Commissioners intends that the provisions of this Chapter supplement Federal, Georgia or local law or regulations that apply to the operation of the Pickens County Airport and that, subject to any prohibitions and limitations that may be imposed by Federal law or regulations or Georgia law or regulations and subject to the provisions of Sections 13-51, 13-52 and 13-53 of this Article, certain of said provisions impose additional standards or more stringent standards on selected activities conducted at the Pickens County Airport or on selected documentation and other regulatory requirements related thereto as is specified in certain sections of this Chapter. Objectives. 1. This Chapter shall be administered in the most effective manner possible to achieve the critical objective of enabling and enforcing current and future compliance with any applicable Federal, Georgia or local law or regulations by all applicable parties under the Board of Commissioner’s current and future stewardship of the Pickens County Airport. 2. This Chapter shall be also administered in the most effective manner possible to achieve the additional critical objective of detecting and disabling any mechanism that commenced during the period time prior to the assumption of operational control of the Pickens County Airport on May 13, 2025 that legitimately caused, may have caused or could have caused noncompliant practices of any variety with regard to any applicable Federal, Georgia or local law or regulations. (Ord. of 11-17-2025, § 1 (Exh. ---PAGE BREAK--- Page 7 of 53 Sec. 13-3. - Responsibilities for Administration and Enforcement. Responsibilities for Administration. 1. The Board of Commissioners. a. This Chapter shall be administered and enforced within the span of control of the Board of Commissioners. b. The Board of Commissioners shall have the power to act as is granted by Georgia law and as provided in this Chapter and shall do so in the administration thereof pursuant to the applicable provisions set forth in the various articles comprising this Chapter. 2. The Pickens County Government. a. The Board of Commissioners hereby charges the Pickens County Government, as operating under its span of control and as functioning under the day-to-day direction of its Chairperson, with the administration of this Chapter and with the enforcement of its provisions. b. Within the Pickens County Government, the day-to-day administration of this Chapter shall be the designated responsibility of the Pickens County Airport Department (“Airport Department”), as led by the Airport Manager, with that position reporting to the Chairperson or to the Chairperson’s designee. The Airport Manager is the employee of the Board of Commissioners having immediate charge of the airport. c. When circumstances warrant, the Airport Department, the Airport Manager and the authorized county employees therein shall also seek the advice, guidance, assistance, and/or involvement from colleague departments of the Pickens County Government, including, but not limited to the Planning & Development Department, the Public Works Department, the Fire Marshal’s ---PAGE BREAK--- Page 8 of 53 Office, Pickens County Fire & Rescue, and the Water Department. Responsibilities for Enforcement. The various respective responsibilities of the Board of Commissioners, the Chairperson and the Pickens County Government are specified in Division 2 of this Article. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-4. – Administrative Airport Minimum Standards, Rules, Regulations and Procedures. Subject to any prohibitions or limitations caused by the operation of Sections 13-51, 13-52 and 13-53 of this Article, any administrative airport minimum standards, rules, regulations, procedures and/or other provisions of a similar nature existing at the time of the adoption of this Chapter that directly conflict with any of this Chapter’s provisions shall be nullified hereby and the provisions of this Chapter shall govern and control any applicable situation. Any administrative airport minimum standards, rules, regulations, procedures and/or other provisions of a similar nature existing at the time of the adoption of this Chapter that do not conflict with any of this Chapter’s provisions shall remain in effect until duly amended by the Pickens County Government in a manner consistent with this Section. As soon as is practicable after the adoption of this Chapter, the Pickens County Government shall appropriately amend any conflicting administrative airport minimum standard, rule, regulation, procedure and/or other provision of a similar nature to achieve as referenced in Subsection of this Section in a manner so that said amendment does not conflict with the provisions of this Chapter. In all cases, any adoption of a new or amendment to an administrative airport minimum standard, rule, regulation, procedure and/or other provision of a similar nature: ---PAGE BREAK--- Page 9 of 53 1. Shall be approved by the Board of Commissioners. 2. Shall be subject to the prohibitions or limitations caused by the operation of Sections 13-51, 13-52 and 13-53 of this Article. (Ord. of 11-17-2025, § 1 (Exh. Secs. 13-5 – 13-20. - Reserved. DIVISION 2. – ENFORCEMENT AGAINST VIOLATIONS. Sec. 13-21. – Applicability and Responsibilities. Applicability 1. This Division shall govern the administration of enforcement against violations of the provisions of this Chapter. 2. Subject to any prohibitions and limitations that may be imposed by Federal law or regulations or Georgia law or regulations and subject to the provisions of Sections 13-51, 13-52 and 13-53 of this Article in said enforcement and prosecution shall be conducted in accordance with this Division. Responsibilities. The various respective responsibilities of the Board of Commissioners, the Chairperson and the Pickens County Government are specified in the applicable sections of this Division. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-22. – Violations. Violation. The term “violation” means: 1. The performing of an act that is prohibited by any provision of this Chapter. ---PAGE BREAK--- Page 10 of 53 or 2. The failure to perform an act that is required to be performed by any provision of this Chapter. Person committing a violation. The term “person committing a violation” means a person committing a violation of this Chapter. Person. The term “person” means any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. Enforcement actions against violations. A violation of any provision of this Chapter may result in any or all of the following enforcement actions, which may be taken due to the violation against the person committing the violation: 1. Removal from airport premises as set forth in Section 13-23 2. Administrative actions as set forth in Section 13-24. 3. Penalties as set forth in Section 13-25. 4. Other available actions as set forth in Section 13-26. 5. The requirement to bear costs of noncompliance as set forth in Section 13-27. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-23. – Removal from Airport Premises. Any person committing a violation may be removed or rejected and/or prohibited from the airport premises by the Airport Department and/or ---PAGE BREAK--- Page 11 of 53 by any employee of the Pickens County Government authorized by the Chairperson and may be denied the use of the airport and its facilities. Any period of prohibition in excess of ten (10) days must be approved by the Chairperson. A written statement describing said removal, rejection and/or prohibition must be provided to the person subject to the action by verifiable means within five business days of the removal, rejection and/or prohibition. Said removal, rejection and/or prohibition may be appealed to the Board of Commissioners within sixty (60) days of the date of action. Any action taken pursuant to this Section shall in no manner bar, otherwise preclude, or limit any of the other enforcement actions set forth in Section 13-22(d) of this Division or under Federal or Georgia law. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-24. – Administrative Actions Regarding Violations. Cease-and-Desist Orders. 1. In order to prevent the continuance of any violation of the provisions of this Chapter, the Chairperson, the Airport Department and/or any other employee of the Pickens County Government authorized by the Chairperson may impose a cease-and-desist order on any person committing the violation, thereby compelling said person to take one or more of the following actions: a. Discontinue any prohibited action. b. Remove or relocate any prohibited item or structural changes. c. Discontinue any prohibited work being done or any other prohibited actions being taken. d. Take any other action deemed necessary to effectuate compliance with the provisions of this Chapter. ---PAGE BREAK--- Page 12 of 53 2. Any cease-and-desist order shall state the conditions pursuant to which it may be removed. 3. A cease-and-desist order shall not preclude the performance of activities directed by the Airport Department for the purpose of removing any violation or unsafe condition. Lease Termination. Subject to the provisions of the applicable lease and applicable laws, the Board of Commissioners, upon recommendation by the Chairperson, may terminate any lease on which a person committing a violation is a party thereto or the person committing the violation is an employee or agent of a party to the lease. Revocation of Permits, Certificates, and Other Approvals. 1. Any applicable permits, certificates, or approvals may be revoked by the Chairperson, the Airport Department and/or any other employee of the Pickens County Government authorized by the Chairperson when it is determined that actions deemed to constitute violations were conducted during the application process for the purpose of obtaining such permit or approval, including but not limited to, the making of false statements, or the making of misrepresentations on written documents. 2. Any applicable permits, certificates, or other approvals may be revoked when it is determined that actions deemed to constitute violations have been or are being conducted after the permit or approval has been obtained for the purpose of falsely alleging compliance with such permit’s or approval’s requirements, including but not limited to, the making of false statements or the making of misrepresentations on written documents. Refusal to Issue Permits, Certificates, and Other Approvals. The Pickens County Government shall refuse to issue any permit, certificate, or other approval that would otherwise be issued pursuant to ---PAGE BREAK--- Page 13 of 53 any applicable provision of this Code so long as the person seeking a permit, certificate, or other approval is not in compliance with this Chapter. No bar to other enforcement actions. Any action taken pursuant to this Section shall in no manner bar, otherwise preclude, or limit any of the other enforcement actions set forth in Section 13-22(d) of this Division or under Federal or Georgia law. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-25. – Penalties for Violations. Civil Penalties. Civil Penalties for any violation are civil in nature may include a civil fine not to exceed $500 per violation. Written Notice of Penalties Required. Penalties must be imposed by written notice provided by the the Chairperson, the Airport Department and/or any other employee of the Pickens County Government authorized by the Chairperson. Continuing Violations. Each day that any violation of any provision of this Chapter continues in sequence or occurs on separate nonsequential days shall constitute a separate violation, and each and every separate violation may accordingly be subjected to separate respective civil fines. No Bar to Other Enforcement Actions. Any action taken pursuant to this Section shall in no manner bar, otherwise preclude, or limit any of the other enforcement actions set forth in Section 13-22(d) of this Division or under Federal or Georgia law. (Ord. of 11-17-2025, § 1 (Exh. ---PAGE BREAK--- Page 14 of 53 Sec. 13-26. – Other Available Actions. Chairperson Authorized to Act. Upon any violation of this Chapter, in addition to other remedies, the Chairperson may direct that any legally available injunction, mandamus, or other appropriate action or proceeding be sought in an applicable court of competent jurisdiction to prevent or stop any unlawful act, or to correct or abate such violation. No Bar to Other Enforcement Actions. Any action taken pursuant to this Section shall in no manner bar, otherwise preclude, or limit any of the other enforcement actions set forth in Section 13-22(d) of this Division or under Federal or Georgia law. Enforcement Actions. The Board of Commissioners, the Chairperson and/or the Pickens County Government may seek any appropriate action to enforce the provisions of this Chapter in any court of competent jurisdiction. Redress. Any aggrieved party may seek redress for any action alleged to be inappropriately taken in any court of competent jurisdiction. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-27. – Responsibility for Expenditures Necessary for Compliance. Responsibility of Responsible Persons. All expenditures required to comply with any provision of this Chapter and/or with any determination, order, or similar action taken by the Pickens County Government shall be the obligation of any applicable “responsible person(s)”, and the Pickens County Government, its elected officials, officers, employees or agents shall not be responsible for such expenditures under any circumstances. ---PAGE BREAK--- Page 15 of 53 “Responsible person(s)” shall mean any person that constitutes an applicable owner, agent of an owner, or other person that is otherwise responsible for any activity or item subject to regulation pursuant to this Chapter. The term “person” for purposes of this Section shall mean any individual, corporation, business trust, estate, trust, partnership, association, joint venture, utility, cooperative, or other legal or commercial entity. No Bar to Other Enforcement Actions. Any action taken pursuant to this Section shall in no manner bar, otherwise preclude, or limit any of the other enforcement actions set forth in Section 13-22(d) of this Division or under Federal or Georgia law. (Ord. of 11-17-2025, § 1 (Exh. Secs. 13-28 – 13-50. - Reserved. DIVISION 3. – LEGAL STATUS PROVISIONS. Sec. 13-51. – Severability. The articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter are severable, and if any article, division, section, paragraph, sentence, clause, or phrase of this Chapter shall be declared unconstitutional, invalid, or otherwise unenforceable by a valid judgment or decree of any court of competent jurisdiction, then such declaration of unconstitutionality, invalidity, or unenforceability shall not affect any remaining articles, divisions, sections, paragraphs, sentences, clauses, and phrases of this Chapter, because the remaining articles, divisions, sections, paragraphs, sentences, clauses and phrases would have been enacted by the Board of Commissioners without the incorporation of the unconstitutional, invalid, or unenforceable article, division, section, paragraph, sentence, clause, or phrase. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-52. – Conflict with Federal and/or State Law or Regulations. ---PAGE BREAK--- Page 16 of 53 If any part of this Chapter is found to be in conflict with Federal law or regulation and/or Georgia law or regulation, the higher or highest standard shall prevail. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-53. – Prohibition. Any part of this Chapter that is deemed to be explicitly prohibited by Federal law or regulation or Georgia law or regulation shall not be enforced. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-54. – Liability. Compliance with the provisions of this Chapter by any person shall not relieve that person from the responsibility for damage to any person or property otherwise imposed by law nor impose any liability upon the Pickens County Government, its elected officials, officers, employees or agents. (Ord. of 11-17-2025, § 1 (Exh. Secs. 13-55 – 13-90. - Reserved. ARTICLE II – REGULATORY STANDARDS FOR OPERATIONS AT THE PICKENS COUNTY AIRPORT. DIVISION 1. – MINIMUM OPERATIONAL STANDARDS FOR THE PICKENS COUNTY AIRPORT. Sec. 13-91. – Operations at the Pickens County Airport to be Conducted by a Fixed Base Operator. The operations at the Pickens County Airport shall be conducted by one or more fixed base operator. A fixed base operator is a party authorized and required by the Board of Commissioners to provide, at a minimum, the aeronautical services at the ---PAGE BREAK--- Page 17 of 53 Pickens County Airport and meet the minimum standards specified in Section 13-102 of this Division. At the discretion of the Board of Commissioners, the fixed base operator at the Pickens County Airport may be the Pickens County Government under the Board’s direct control and/or one or more third-parties. Should the Board of Commissioners engage a third-party to serve as a fixed base operator: 1. The third-party fixed base operator must show financial solvency and business ability to the satisfaction of the Board of Commissioners. 2. The third-party fixed base operator shall be required to furnish performance bonds commensurate with the construction required under the minimum standards of service to be performed. 3. The third-party fixed base operator shall be required to notify the Airport Manager when repairs to airport facilities are needed. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-92. – Minimum Standards for the Fixed Base Operations at the Pickens County Airport. The minimum standards for operations conducted any fixed base operator operating at the Pickens County Airport shall consist of conducting the following: 1. Providing sufficient hangar, T-hangar, and tie down spaces. 2. Providing line services, including, but not limited to, fueling of aircraft, ramp parking, and wheel chocks. 3. Maintaining the proper inventory and sale of aircraft fuels and lubricants. 4. Providing crew and passenger lounge areas and public restrooms. ---PAGE BREAK--- Page 18 of 53 5. Providing flight planning and weather equipment and services. 6. Operating and maintaining in working order all equipment necessary to conduct business according to all applicable rules and regulations. 7. Maintaining all leased areas exterior to acceptable standards. 8. Furnishing all applicable services and conducting all activities in a fair, equal, and nondiscriminatory manner to all airport users in accordance with applicable Federal laws and regulations and Georgia laws and regulations. 9. Abiding by all applicable Federal and Georgia laws, rules, requirements, or mandates including, but not limited to, grant assurances requirements and other grant-related terms and conditions. 10. Performing work tasks in a manner that ensures safe and efficient operations in accordance with all applicable Federal and Georgia laws, rules, requirements, or mandates. (Ord. of 11-17-2025, § 1 (Exh. Secs. 13-93 13-120. - Reserved. DIVISION 2. – GENERAL REGULATORY OPERATIONAL STANDARDS. Sec. 13-121. – General Regulatory Operational Standards Established. The provisions in the various sections of this Division, as hereby adopted and as may be amended from time to time by the Board of Commissioners, shall constitutes the general regulatory operational standards for the Pickens County Airport. In accordance with Section 13- 4 of this Article, the provisions herein shall be supplemented for purposes of administration and enforcement by administrative airport minimum standards, rules, regulations and procedures which are not inconsistent with this Division. ---PAGE BREAK--- Page 19 of 53 The provisions of the various other divisions of this Article shall regulate specified actions, items and other aspects of the operations of the Pickens County Airport. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-122. - Operations and Activities to be Approved. No commercial aeronautical operation, commercial operation of any kind or any type of operation or activity shall be conducted upon the Pickens County Airport unless specifically approved by the Board of Commissioners. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-123. - Lease or Operating Agreement Required. All commercial aeronautical operations conducted on the Airport require a lease, sublease, operating agreement, and/or sub-operating agreement approved by the Board of Commissioners or approved by a duly authorized representative of the Board of Commissioners as set forth in this Chapter. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-124. - Airport Users to Obey Ordinances and Regulations. The use of the Pickens County Airport or any of its facilities in any manner shall create an obligation on the part of the user thereof to obey all the provisions provided and adopted in this Chapter as well as the administrative airport minimum standards, rules, regulations and procedures adopted pursuant to Section 13-121(b) in accordance with Section 13- 4 of this Article. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-125. – Conduct at the Pickens County Airport. While at the Pickens County Airport, all persons shall not engage in intimidating, threatening, or disorderly conduct towards the Pickens County Board of Commissioners, Pickens County personnel, airport ---PAGE BREAK--- Page 20 of 53 users, airport tenants and/or other persons thereat. All persons thereat shall follow all reasonable instructions of Pickens County personnel. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-126. - Design and Standards of Construction. All construction required under this article shall be in accordance with design and construction standards established by the Board of Commissioners. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-127. - Assumption of Risk and Liability in Use of Airport. The privilege of using the Pickens County Airport and its facilities shall be conditioned on the assumption of full responsibility and risk by the user thereof, and the user shall release and hold harmless and indemnify the county, its officers and employees from any liability or loss resulting from such use, as well as claims of third persons resulting from use of the Pickens County Airport. The privilege of using the Pickens County Airport shall be upon the condition that any person desiring to use the Pickens Airport shall furnish a policy of indemnity against personal injury and property damage in such sum as the Board of Commissioners shall require. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-128. – General Prohibitions. The following actions or uses are prohibited upon and within the premises of the Pickens County Airport: 1. Operations and activities that are not conducted in accordance with Section 13-72 of this Division. 2. Solicitation of funds. ---PAGE BREAK--- Page 21 of 53 3. Unauthorized advertising. No exterior bulletin, circular, advertisement or sign may be posted within the boundaries of the Airport without authority or permission of the Airport Manager. 4. Occupying or using land or improvements at the Pickens County Airport that is contrary to its safe and efficient operation including, but not limited to, any activity that jeopardizes the safety of the public, aircraft, or the property located at the Airport, 5. Conducting any activity at the Pickens County Airport that is inconsistent with current Federal Aviation Administration grant certifications and assurances. 6. Carrying any firearm, explosives, or combustible materials at the Pickens County Airport other than as authorized by law or by written permission of the Airport Manager. 7. Hunting or the discharge of any weapon upon airport property except for animal control purposes approved by the Board of Commissioners and the Georgia Department of Natural Resources. 8. Tampering or interfering with any aircraft or putting in motion the engine of said aircraft or using any aircraft, aircraft parts, instruments or controls without the permission of the owner of the aircraft or at the specific direction of the Airport Manager. 9. Entering into any restricted area of the Pickens County Airport in an aircraft, in a vehicle or on foot that is posted as being closed to the public without permission except for persons assigned to a duty to be performed therein or except for authorized representatives of the Board of Commissioners. 10. Destroying, injuring, defacing or disturbing in any manner any structure, building, sign, equipment, marker or other structure, trees, lawn or other property at the Pickens County Airport; nor alter, or make additions to any building or sign. ---PAGE BREAK--- Page 22 of 53 11. Making any excavations at the Pickens County Airport. 12. Abandoning any personal property on said airport. 13. Conducting radio and instrument repairs unless approved by the Board of Commissioners. 14. Conducting aerial advertising unless approved by the Board of Commissioners. The prohibition of the designated actions or uses by Subsection is supplemental and additional to the various specific prohibitions set forth in any other applicable section of this Chapter and any such specifically prohibited action or use as set forth in any corresponding other section shall not be permissible due to its exclusion from Subsection (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-129. - Placing Refuse in Receptacles. Garbage, refuse and other waste material shall be placed in receptacles provided for such purpose except as may be prohibited by the provisions of Division 6 of this Article. Hazardous waste shall not be mixed with non-hazardous waste. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-130. - Building Construction Requirements. The erection of any building or structure by any person must be approved by the Board of Commissioners and the Federal Aviation Administration. Construction must comply with all applicable local building and inspection codes and procedures. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-131. - Use of Roads and Other Designated Areas; Manner of Parking. ---PAGE BREAK--- Page 23 of 53 Without authority of the Airport Manager or his or her designee, no motor vehicle shall be operated at the Pickens County Airport except on roadways, parking areas, apron areas, which are restricted to the necessary and reasonable use in connection with aircraft flight, inspection and performance of duties, and other areas specifically designated for the operation, travel or parking of such motor vehicles. No motor vehicle shall be parked or left standing in any manner which interferes with the operation of the Pickens County Airport or airport facilities. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-132. – Approval Required for Specified Events. All events with an attendance greater than twenty-five (25) people shall require the approval of the Airport Manager and required insurance must be obtained by the host of the event. (Ord. of 11-17-2025, § 1 (Exh. Secs. 13-133 13-160. - Reserved. DIVISION 3. - GROUND VEHICLES Sec. 13-161. - Use of Roads and Other Designated Areas. Without authority of the Airport Manager or his or her designee, no motor vehicle shall be operated at the Pickens County Airport except on roadways, parking areas, apron areas, which are restricted to the necessary and reasonable use in connection with aircraft flight, inspection and performance of duties, and other areas specifically designated for the operation, travel or parking of such motor vehicles. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-162. - Parking. ---PAGE BREAK--- Page 24 of 53 No motor vehicle shall be parked or left standing in any manner which interferes with the operation of the Pickens County Airport or airport facilities. All motor vehicles must be parked in designated areas as designated by the Board of Commissioners or the Airport Manager, except for the purpose of loading or unloading for a reasonable period of time not to exceed thirty (30) minutes without the permission of the Airport Manager. The Airport Manager or his or her designee may move, remove or cause to be moved or removed, from any area of the Pickens Airport, any motor vehicle which is disabled, abandoned, parked in violation of this article, or which presents an operational problem to any other area of the Pickens County Airport, at the operator's expense and without liability to the Board of Commissioners for any damage which may result in the course of such moving. The term “operational problem” means a situation that impedes, delays, hinders or inhibits normal operations. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-163. - Right-of-Way of Emergency Vehicles. Emergency vehicles responding to an emergency shall have the right-of-way; other vehicles shall yield to aircraft at all times. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-164. - Vehicles Operating within Landing Area. Vehicles shall not be driven in the aircraft movement area, taxiways, runways, ramps, aprons or in areas posted "restricted area" without the approval of the Airport Manager. Those operational vehicles authorized by the Airport Manager permitted in the aircraft movement area, taxiways, runways or in posted "restricted areas" shall be equipped with a two-way radio capable of operation on radio frequencies designated by the Airport Department. ---PAGE BREAK--- Page 25 of 53 If radio communication cannot be established or maintained with the Airport Department, prior authorization from the Airport Manager shall be obtained before any vehicle is allowed within the movement area. Those vehicles regularly operated in the areas described shall be equipped with suitable warning lights and/or an appropriate checkered flag flown well above the vehicle. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-165. – Vehicle Accident Reports. Any person involved in a motor vehicle accident whereby bodily injury or property damage is incurred shall report the same to the Airport Manager (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-166. - Traffic Laws. The provisions of the Georgia Uniform Traffic Code contained in O.C.G.A. § 40-6-1 et seq., and as may be amended from time to time, shall be in full force and effect upon all streets and roadways within the Pickens County Airport. No person shall operate any vehicle in a careless or negligent manner, while chemically impaired or in disregard for the safety of others. The speed limit on all roads within the reservation of the Airport shall not exceed fifteen miles-per-hour (15 mph). (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-167. – Right-of-Way of Aircraft. Subject to Section 13-163 of this Division, all aircraft have the right-of- way at the Pickens County Airport and all vehicles and pedestrians shall yield the right-of-way to aircraft. ---PAGE BREAK--- Page 26 of 53 (Ord. of 11-17-2025, § 1 (Exh. Secs. 13-168 13-200. - Reserved. DIVISION 4. - AIRCRAFT OPERATIONS Sec. 13-201. – Aircraft Operations - Generally. No person shall operate or maintain any aircraft at the airport except in strict conformity with all ordinances, rules and regulations of the Pickens County Airport, and the regulations of the Federal Aviation Administration and all other applicable laws. All operators of aircraft are responsible for a complete knowledge of all laws, rules and regulations relating to the operation of aircraft. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-202. - FAA Regulations Apply. The air traffic rules and aircraft operations regulations of the Federal Aviation Administration currently in effect and all amendments and/or additions made thereto are made a part of these airport rules and regulations as fully as if set forth in this Chapter. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-203. – Discretion to Delay Flights or Other Operations. The Airport Department may delay or restrict any flight or other operations at the Airport of any aircraft not in compliance with applicable Federal Aviation Regulations, this Chapter and/or corresponding administrative airport minimum standards, rules, regulations, procedures and/or other provisions of a similar nature. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-204. – Condition of Aircraft. ---PAGE BREAK--- Page 27 of 53 Only aircraft considered airworthy by the Federal Aviation Administration or any foreign counterpart shall be allowed to park on the ramp and tie- down areas of the Pickens County Airport. Non-worthy aircraft shall not be hangared at the Pickens County Airport and it shall be the responsibility of the aircraft owner or operator to establish airworthiness with the Airport Manager on an annual basis. Temporary permission to park non-airworthy aircraft may be granted by the Airport Manager. Abandoning an aircraft anywhere at the Airport shall be strictly prohibited. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-205. – Tie-Downs. Depending on availability tie-downs are available for rental at the Pickens County Airport. The Board of Commissioners determines usage and fees. Aircraft operators utilizing leased tie-downs shall provide their own tie- down ropes. Any person duly leasing a tie-down may permit another person owning or operating an aircraft not owned or operated by the lessee to utilize the lessee’s tie-down. All operators of aircraft are responsible for a complete knowledge of all laws, rules and regulations relating to the operation of aircraft. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-206. – Non-Based Aircraft Arriving at the Pickens County Airport. All aircraft that land and are not currently based at the Pickens County Airport shall check in with Airport Department and provide tail number and ---PAGE BREAK--- Page 28 of 53 contact information. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-207. – Parking Aircraft. No aircraft shall be parked, stored or repaired at the Pickens County Airport except in the areas designated for such use. Operators of nonscheduled and general aviation aircraft wishing to park on the apron to load or unload passengers and/or luggage shall contact the Airport Department. All transit aircraft shall park in the spaces that are not marked "reserved". In addition to any consequences which may be imposed by the applicable provisions of Article I and are accordingly referenced in Section 13-22(d), if a transit aircraft parks in the spaces that are labeled "reserved" their aircraft will be towed to a different location and the owner shall be subject to a $200 towing fee. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-208. - Starting and Running Up Engines Restricted. Aircraft engines shall be started and run up only in the places designated for such purposes. At no time shall engines be run up when hangars, shops, airplanes or any buildings or persons are in the path of the propeller stream and/or jet exhaust. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-209. - Moving of Parked Aircraft—Generally. ---PAGE BREAK--- Page 29 of 53 At the direction of the Airport Manager, the operator, owner or pilot of any aircraft on the Airport shall move the aircraft from the place where it is parked or stored to any other place designated on the Airport. If the operator refuses to comply with such directions, the Airport Manager, may direct the towing of the aircraft to such place at the operator's expense and without liability for damage that may result from such moving. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-210. – Moving of Disabled or Damaged Aircraft—In the Event of Accident. In the event of an accident, the Airport Manager may direct the movement of any damaged aircraft from the landing areas, ramps, aprons, or other areas at the expense of the owner and without liability for damage resulting from such moving. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-211. – Situational Movement of Aircraft by the Airport Department. At the direction of the Airport Manager when he or she deems necessary, the Airport Department shall move aircraft when the owner or pilot is not present. The Board of Commissioners shall not be responsible for damages caused by such movement so long as reasonable care is exercised. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-212. – Aircraft Accident Reports. The pilot of an aircraft involved in an accident at the Pickens County Airport causing personal injury or property damage exceeding $100.00 shall report such accident to the Airport Department. ---PAGE BREAK--- Page 30 of 53 If the pilot is unable to do so, the owner or his or her agent and witnesses shall make such report. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-213. - Payment for Damaged or Destroyed Airport Property. Airport property damaged or destroyed by an accident or otherwise shall be paid for by the parties responsible. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-214. - Detaining of Aircraft for Nonpayment of Charges. The Chairman shall have the authority to detain any aircraft for nonpayment of any charges due. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-215. - Determination of Safety Before Taxiing. No person shall taxi an aircraft until he or she has ascertained by visual inspection of the area that there will be no danger of collision with any person or object in the immediate area. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-216. - Speed of Taxiing. Aircraft shall be taxied at a safe and reasonable speed with due respect for other aircraft, persons and property. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-217. - Use of Runways and Hard Surface Areas Required. All takeoffs and landings shall be confined to the runways and all movement of aircraft shall be confined to the hard surface areas of the Pickens County Airport. ---PAGE BREAK--- Page 31 of 53 (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-218. - Persons Authorized on Landing Area, Taxi Space and Aprons. No persons, except pilots, operators, duly authorized Pickens County personnel or agents, passengers going to or from aircraft, or persons being personally conducted by airport attendants shall be permitted to enter the landing area proper, taxi space or aprons. However, this does not give any person so excepted the privilege of unrestricted use of the Pickens County Airport. These privileges are confined to the necessary use of these spaces in connection with flights, inspections and routine duties. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-219. - Air Traffic Regulations. The following air traffic regulations shall govern aircraft using the Airport: 1. During the hours of operation of the Pickens County Airport, the airport traffic pattern and movement of aircraft on designated taxiways shall be as directed by the Airport Department. 2. During the hours when the Pickens County Airport is not in operation, runway 16 is to be utilized in the event of prevailing southerly winds and runway 34 is to be utilized in the event of prevailing northerly winds. 3. All landings and takeoffs on runways 16 and 34 will be made from the hard surface runway in accordance with Section 13-217 of this Division. (Ord. of 11-17-2025, § 1 (Exh. Secs. 13-220 13-250. - Reserved. DIVISION 5. - AIRCRAFT FUELING OPERATIONS ---PAGE BREAK--- Page 32 of 53 Sec. 13-251. – Sale and Purchasing of Aviation Fuel, Oil and Petroleum Products. The sale of aircraft fuel, oil and petroleum products on the property of the Pickens County Airport, except for said sales by the Pickens County Government, shall be prohibited. The purchasing of aircraft fuel, oil and petroleum products on the property of the Pickens County Airport, except for purchases of said products by the Pickens County Government, shall be prohibited. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-252. – Fuel Dispensing Equipment. All fuel dispensing equipment shall be of a modern design and shall be kept in a safe and non-leaking condition. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-253. – Due Care Required When Fueling or Defueling. Persons engaged in the fueling of an aircraft shall exercise care to prevent overflow of fuel. Persons responsible for fueling shall take proper measures to remove combustible liquids when spilled during transfer. Persons responsible for fueling shall not operate any radio transmitter or receiver (including cell phones) or switch electrical appliances off or on in an aircraft during fueling or de-fueling. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-254. - Fueling or Draining, When Prohibited. No aircraft shall be fueled or drained while the aircraft engine is running or while the aircraft is in a hangar or an enclosed area. ---PAGE BREAK--- Page 33 of 53 However, military aircraft may be fueled or drained while its engine is running. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-255. - Grounding of Aircraft. During all fueling operations, the aircraft and the fuel dispensing apparatus and other related appurtenances shall both be electrically grounded using the grounding cable provided. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-256. - Smoking or Lighting Flame Prohibited. Smoking or lighting of an open flame shall be prohibited within one-hundred feet (100 ft) of any fueling operation. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-257. - Distance from Hangars. Fueling operations shall be conducted and fuel trucks shall be parked at least thirty feet (30 ft) from any hangar. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-258. - Design and Maintenance of Dispensing Equipment. All fuel dispensing equipment shall be of a modern design and shall be kept in a safe and non-leaking condition. (Ord. of 11-17-2025, § 1 (Exh. Secs. 13-259 13-290. - Reserved. DIVISION 6. - FIRE PREVENTION AND PROTECTION. Sec. 13-291. – Adoption of State Minimum Fire Safety Standards. ---PAGE BREAK--- Page 34 of 53 For purposes of enabling fire prevention and protection at the Pickens County Airport, adopted hereby for incorporation into this Chapter, as though fully set forth in this Division, are the state minimum fire safety standards referenced in O.C.G.A. § 25-2-12 and correspondingly promulgated by the Safety Fire Commissioner pursuant to O.C.G.A. § 25-2-4 and thereby set forth in the “Rules and Regulations of the State of Georgia - Chapter 120-3- 3, Rules and Regulations of the Safety Fire Commissioner, for the State Minimum Fire Safety Standards”, including all subsequent revisions thereof. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-292. – Adoption of Additional Safety Standards. Adopted hereby for incorporation into this Chapter, as though fully set forth in this Division, are the following additional safety standards: 1. The Georgia Life Safety Code in its current adopted year (based on NFPA 101) 2. The International Fire Code in its current adopted year, including its: a. Appendix B concerning fire-flow requirements. b. Appendix C concerning the location and spacing of fire hydrants. c. Appendix D concerning fire apparatus access requirements. 3. Article 3, “Application of Building and Fire Related Codes in Existing Buildings”, of Chapter 2, “Standards and Requirements for Construction and Alteration of Buildings and Other Structures”, of Title 8, “Buildings and Housing”, of the Official Code of Geogia Annotated. 4. All applicable NFPA standards. 5. The 2010 ADA Standards for Accessible Design. (Ord. of 11-17-2025, § 1 (Exh. ---PAGE BREAK--- Page 35 of 53 Sec. 13-293. – Strictest Standards Apply. Should two or more of the sources of standards adopted or incorporated pursuant to Sections 13-291 and 13-292 respectively provide, in whole or in part, overlapping standards on any particular regulated item, the most regulatorily stringent standards between the overlapping standards shall govern the regulation of that item. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-294. – Disposition of Flammable Products. No person shall dispose of gasoline, oil, solvent or other flammable waste products in any drain, manhole, open ditch, or other areas of the Pickens County Airport. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-295. - Areas of No Smoking and No Lighting of Open Flames. Smoking or lighting of an open flame is prohibited at places with posted signs, within one-hundred feet (100 ft) of any aircraft and within one-hundred feet (100 ft) of hangars, fuel trucks, fuel loading stations and tank farms. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-296. - Permission Required to Start Open Fire. No person shall start an open fire at any place at the Pickens County Airport without permission of the Airport Manager and the Pickens County Fire Marshal. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-297. - Use of Premises in Violation of Fire Code. No person shall store material or equipment, use inflammable liquids, or gases or allow the premises to become in such condition so as to violate any provision of this Division in any manner. ---PAGE BREAK--- Page 36 of 53 (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-298. - Fire Extinguishers – In General. Portable fire extinguishers shall be located throughout the Pickens County Airport based on the determination of the Fire Marshal. Portable fire extinguishers shall not be moved from designated locations for any reason other than as a precaution against an immediate hazard or to be recharged. Access to all fire extinguishing equipment shall be kept free and unobstructed at all times. Portable fire extinguishers shall be inspected periodically by a vendor approved by the Fire Marshal. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-299. - Fire Extinguishers and Other Equipment of Tenants Required by the Fire Marshal. Tenants of all hangars and buildings shall provide suitable fire extinguishers and equipment, which shall be kept in good condition, as required by the Fire Marshal, and inspected at least every twelve (12) months by trained personnel. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-300. - Cleanliness of Premises. All tenants of buildings shall maintain the floors of hangars, hangar ramps, and adjacent areas free and clear of oil, grease, and other flammable materials. Tenants and other persons are required to keep their premises clean and clear of all rubbish, junk, debris, old aircraft and vehicles, and any other objects. ---PAGE BREAK--- Page 37 of 53 If after warning by the person in authority the area is not cleaned, cleaning will be done and billed to the Tenant or other person. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-301. – Storage of Flammable Liquids. Flammable liquids in a quantity of five gallons or more shall be stored in an appropriate flammable liquids cabinet. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-302. – Inspections of Existing Structures. The Fire Marshal’s Office shall conduct annual inspections of all existing structures at the Pickens County Airport. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-303. – Inspections of Construction Work. The Fire Marshal’s Office, in conjunction with the Planning & Development Department, shall inspect or cause to be inspected at specified intervals all construction work required to have a building permit in any structure or building subject to regulation by this Chapter and subject to the standards and requirements adopted and incorporated by and in Sections 13-291, 13-292 and 13-293 of this Division. All provisions of Chapter 16 of this Code shall be satisfied with regard to new construction, including any requirements to submit building plans for review pursuant to Section 16-33 therein. Such inspections shall be required in the case of: 1. New construction. 2. Any change in occupation, including, but not limited to, changes in tenant occupancy and changes in occupancy. 3. Qualifying construction on existing structures. ---PAGE BREAK--- Page 38 of 53 Such inspection activities shall be conducted at various interval points during the construction process, including at the fifty percent (50%) point- of-completion and at the eighty percent (80%) point-of-completion. In all cases, a final inspection of the applicable structure shall be conducted. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-304. – Certificate of Occupancy. A certificate of occupancy shall be obtained from the Fire Marshal’s Office prior to the occupation of any structure subject to regulation by this Chapter and subject to the standards and requirements adopted and incorporated by and in Sections 13-291, 13-292 and 13-293 of this Division. No certificate of occupancy shall be issued until the applicable structure has successfully passed final inspection pursuant to Section 13-303(e) of this Division. (Ord. of 11-17-2025, § 1 (Exh. Secs. 13-305 13-330. - Reserved. ARTICLE III – LEASES DIVISION 1. – STANDARDS FOR ALL LEASES. Sec. 13-331. – Leases at the Pickens County Airport. The fully compliant existence of leases at the Pickens County Airport between the Board of Commissioners (“Lessor”) and airport tenants, as defined herein, is of significant importance to the successful operations of the Pickens County Airport in the context of protecting, preserving and furthering the public’s safety, health, welfare and quality of life in Pickens County, (Ord. of 11-17-2025, § 1 (Exh. ---PAGE BREAK--- Page 39 of 53 Sec. 13-332. – Role of the Board of Commissioners. The Board of Commissioners shall have the sole authority to approve, execute, extend, terminate or take any other actions with regard to existing or future leases at the Pickens County Airport and shall do so in full compliance with all applicable Federal laws and regulations, Georgia laws and regulations and local laws and regulations, including the provisions of this Chapter. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-333. – Airport Tenants. A Tenant is any individual, partnership, corporation or other business entity, and its agents, employees, representatives, and subtenants which occupies or controls all or part of areas, buildings or other facilities at the Pickens County Airport which the Tenant leases from the Board of Commissioners. Each Tenant shall conduct all of that Tenant’s affairs at the Pickens County Airport in in full compliance with all applicable Federal laws and regulations, Georgia laws and regulations and local laws and regulations. Each Tenant shall conduct all of that Tenant’s affairs at the Pickens County Airport in full compliance with the provisions of the applicable lease agreement previously entered into with the Pickens County Airport Authority and assumed by the Board of Commissioners or entered into directly with the Board of Commissioners. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-334. – Georgia Law Controls the Validity, Nature and Character of Leases. The validity, nature and character of leases at the Pickens County Airport and any provision thereof is determined and controlled by applicable Georgia law, unless said Georgia law is determined to be in conflict with Federal law. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-335. – Ad Valorem Taxation of Aircraft During Lease Term. ---PAGE BREAK--- Page 40 of 53 Each Tenant and each sublessee shall be required to return at least all subject aircraft for ad valorem taxes in Pickens County, Georgia and shall house in the applicable hangar aircraft based at the Pickens County Airport for the term of the lease. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-336. – Leases Shall Be Nondiscriminatory. All leases at the Pickens County Airport shall be nondiscriminatory and shall so comply with all applicable Federal and Georgia laws and regulations. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-337. – Qualification to Engage in Aeronautical Activities. By fulfilling the requirements of this Chapter, a Tenant may qualify to engage in one or more aeronautical activities as set forth in Section 13- 338 of this Division, except in no cases shall any Tenant engage in the sale of aviation petroleum products. It shall be the obligation of a Tenant to establish and annually confirm with the Airport Department that its activities conducted at the Pickens County Airport duly qualify as permissible aeronautical activities as set forth in Section 13-338 and do not constitute prohibited nonaeronautical activities as set forth in Section 13-339. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-338. – Permitted Aeronautical Uses of Leased Premises. Permitted aeronautical uses of the land leased by a Tenant (“leased premises”) and any hangar or other improvements located thereon constitute: 1. Storage of active aircraft. 2. Shelter for maintenance, repair, or refurbishment of aircraft, but not the indefinite storage of non-operational aircraft. ---PAGE BREAK--- Page 41 of 53 3. Construction of amateur-built or kit-built aircraft provided that activities are conducted safely. 4. Storage of aircraft handling equipment, e.g., tow bar, glider tow equipment, workbenches, and tools and materials used to service, maintain, repair or outfit aircraft; items related to ancillary or incidental uses that do not affect the hangar’s primary use. 5. Storage of materials related to an aeronautical activity, for example, balloon and skydiving equipment, office equipment, teaching tools, and materials related to ancillary or incidental uses that do not affect the hangar's primary use. 6. Storage of non-aeronautical items that do not interfere with the primary aeronautical purpose of the hangar (for example, televisions, furniture). 7. Parking a vehicle at a hangar while the aircraft usually stored in that hangar is flying. 8. Pilot training. 9. Aircraft rental. 10. Charter operations. 11. Aerial photography. 12. Aircraft sales. 13. Aircraft and/or aircraft equipment service, repair and maintenance. 14. Flying clubs. 15. Any other activity because of its direct relationship to the operation of aircraft can be appropriately regarded as an aeronautical activity. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-339. – Prohibited Nonaeronautical Uses of Leased Premises. ---PAGE BREAK--- Page 42 of 53 Nonaeronautical uses of the leased premises by a Tenant and any hangar located thereon are strictly prohibited and include, but are not limited to the following: 1. Use as a residence. 2. Operation of a non-aeronautical business, e.g., limo service, car and storage, storage of inventory, non-aeronautical business office. 3. Activities which impede the movement of the aircraft in and out of the hangar or other aeronautical contents of the hangar. 4. Activities which displace the aeronautical contents of the hangar or impede access to aircraft or other aeronautical contents of the hangar. 5. Storage of household items that could be stored in commercial storage facilities. 6. Long-term storage of derelict aircraft and parts. 7. Storage of items or activities prohibited by local or state law. 8. Fuel, and other dangerous and Hazmat materials. 9. Storage of inventory or equipment supporting a municipal agency function unrelated to the aeronautical use. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-340. – Criteria for Lease Decisions. The following criteria shall be evaluated and considered by the Board of Commissioners in executing a new lease, in approving an assignment of an existing lease, in approving a sublease or in extending an existing lease: 1. The placement of a prospective Tenant on any applicable waiting list as determined by the date of placement thereon by the Airport Department, though said placement is only one criterion for ---PAGE BREAK--- Page 43 of 53 consideration and, standing alone, shall not be dispositive of a decision to execute a lease. 2. The history of any prior relationship with the Tenant or prospective Tenant at the Pickens County Airport, with the Pickens County Government or at any other airport or government facility, including whether that person has violated any airport or governmental polices, rules, or regulations or has violated any environmental laws, rules or regulations, including but not limited to unreported fuel spills, unapproved washing or de-icing of aircraft. 3. Whether the Tenant or prospective Tenant has in all material respects complied with any applicable prior or existing lease terms, including whether all lease payments have been made in a timely manner. 4. Whether the Tenant or prospective Tenant has agreed to accept lease provisions. 5. Whether the overall proposition improves or adds value to the totality of the Pickens County Airport. 6. Whether the overall proposition is consistent with the long-term vision of the Board of Commissioners. 7. Whether the overall proposition adds value or benefit to the areas surrounding the Airport and to Pickens County; and 8. The results of one professional airport-aviation related appraisal of the proposed leasehold interest in order to determine the current and future fair market value to be placed on such leasehold. (Ord. of 11-17-2025 § 1 (Exh. Sec. 13-341. – Condition of Aircraft That Can be Hangared at the Pickens County Airport. Only aircraft considered airworthy by the Federal Aviation Administration or any foreign counterpart shall be allowed to be hangared at the Pickens County Airport. ---PAGE BREAK--- Page 44 of 53 It shall be the responsibility of the aircraft owner or operator to establish airworthiness with the Airport Manager on an annual basis. Temporary permission to hangar a non-airworthy aircraft may be granted at the sole discretion of the Airport Manager. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-342. – Inspections by the Airport Department. At least one annual inspection shall be conducted by the Airport Department for the purpose of confirming: 1. Compliance with leases and airport rules and regulations 2. That the aircraft tail number stored in the hangar matches the lease and the Tenant’s property tax bill. More frequent inspections may be conducted at the discretion of the Airport Manager. Tenant shall provide to the Airport Department a currently operable key to any and all hangars upon the Leased Premises. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-343. – Utilities. Tenants shall be responsible for the costs of all utilities incurred in conjunction with the occupation of hangars. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-344. – Costs of Compliance. Tenants shall be responsible for all costs required to comply with the provisions of this Chapter. (Ord. of 11-17-2025, § 1 (Exh. ---PAGE BREAK--- Page 45 of 53 Secs. 13-345 – 13-380. - Reserved. DIVISION 2. – ADDITIONAL STANDARDS FOR GROUND LEASES. Sec. 13-381. – Ground Lease Agreements. Ground Lease Agreements are agreements whereby the Board of Commissioners leases Leased Premises at the Pickens County Airport to a tenant (Tenant”) upon which the Tenant proposes to construct and so constructs improvements thereon, with said improvements constructed in accordance with this Chapter and/or conditions as established by the Board of Commissioners. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-382. – Ground Lease Agreements Shall Be Nondiscriminatory. Nondiscrimination Regarding USDOT Programs. A Tenant must, for itself, successors in interest, and assigns, to the extent successors and assigns are permitted, covenant and agree as a covenant running with the land that in the event facilities are constructed, maintained, or otherwise operated on the leased premises for a purpose for which a U.S. Department of Transportation program or activity is extended, or for another purpose involving the provision of similar services or benefits, that the Tenant and its successors or assigns shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, “Nondiscrimination in Federally Assisted Programs of the Department of Transportation”, and as said regulations may be amended. Nondiscrimination Regarding Facilities, Improvements, and Federally- Funded Activities. A Tenant must, for itself, successors in interest, and assigns, to the extent successors and assigns are permitted, covenant and agree as a covenant running with the land that: 1. No person on the grounds of race, color, national origin (including ---PAGE BREAK--- Page 46 of 53 limited English proficiency), creed, sex (including sexual orientation and gender identity), age, or disability shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said leased premises or any activity conducted with or benefiting from Federal assistance. 2. In the construction of any improvements on, over, or under such leased premises and the furnishing of services thereon, no person on the grounds of race, color, or national origin (including limited English proficiency) shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination. 3. The Tenant shall use the Premises in compliance with all other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, as said regulations may be amended, and other applicable Laws and Regulations, and shall obtain such compliance from any sublessees or other parties holding lower tier agreements to the extent the same are permitted by the subject Ground Lease Agreement. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-383. – Terms of Ground Lease Agreements. Ground Lease Agreements shall be for a term not to exceed thirty (30) years. Approved assignments of a Ground Lease Agreement shall not extend the term of the underlying tenancy being transferred. Approved subleases of a Ground Lease Agreement shall not extend the term of the underlying tenancy. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-384. – Rental Rate Provisions. ---PAGE BREAK--- Page 47 of 53 The Tenant shall pay to the Lessor a base rent for the leased premises based on annual per-square-foot amount commencing on the commencement date of the Ground Lease Agreement. Said rate shall increase each year on the anniversary date of the commencement date and said increase shall be calculated by multiplying the current rental rate by the most current Consumer Price Index that was published prior to the anniversary of the commencement date and adding that amount to previous year's base rental rate. The Tenant shall pay the higher of either this changed rental rate or the previous year's rental rate. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-385. – No Exclusive Rights for the Tenant and Reservation of All Other Rights by the Lessor. Ground Lease Agreements shall not grant a Tenant any exclusive right or privilege for the conduct of any activity at the Pickens County Airport except to lease the leased premises for the Tenant's exclusive use as provided in this Article. Ground Lease Agreements shall convey only a leasehold interest in the leased premises on the terms and for the purposes provided in this Article. Ground Lease Agreements shall not convey other rights, title, or interests of any kind. Among the multiple rights reserved to the Lessor in the leased premises are the following nonexclusive list of rights: 1. A right of flight for the passage of aircraft in the air, 2. A right to cause such noise as may at any time be inherent in the operation of aircraft, 3. All other rights, including, but not limited to, water, minerals, oil, and gas. ---PAGE BREAK--- Page 48 of 53 (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-386. – Parity of Ground Lease Agreement Amongst Similar Tenants. The provisions of Ground Lease Agreements shall be equally designed and equally applicable to similar tenants. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-387. – Assignment of Ground Lease Agreements. A Tenant shall not assign any of its rights under its Ground Lease Agreement, including, but not limited to, rights in any improvements, except with the prior written consent of the Lessor, irrespective of whether such assignment is voluntarily or involuntarily, by merger, consolidation, dissolution, change in control, or any other manner. A Tenant shall not delegate any performance under its Ground Lease Agreement, except with the prior written consent of the Lessor. The Lessor shall not unreasonably withhold such consent referenced in Subsections and A transferee receiving any such right pursuant to an approved assignment of a Ground Lease Agreement shall be required to execute a lease assignment agreement. Regardless of the Lessor’s granting consent, a Tenant shall not be released from any obligations for matters arising during the time when its Ground Lease Agreement was in effect. Any purported assignment or delegation of rights or delegation of performance in violation of this Section shall be void. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-388. – Sale of a Tenant’s Interests in Improvements. Upon approval provided in writing by the Lessor granted at the sole ---PAGE BREAK--- Page 49 of 53 discretion of the Lessor, a Tenant may sell all of its interests in the improvements that the Tenant owns on the leased premises of the applicable Ground Lease Agreement to a third party subject to any limitations set forth in Federal law or regulations, Georgia law or regulations or the provisions of this Chapter. Said third party shall enter into a Ground Lease Agreement with the Lessor on terms offered by the Lessor. The original Tenant's Ground Lease Agreement shall automatically terminate at the time when such third party's lease for the Premises commences. The approval required from the Lessor shall not be unreasonably withheld by the Lessor. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-389. – Subleases. Upon obtaining the Lessor's prior written consent, which the Lessor may provide or withhold in the Lessor's sole discretion, a Tenant shall have the right to sublease portions of the leased premises for the storage of Aircraft in the areas approved by and subject to the terms required by the Lessor. The Tenant shall impose on all approved subtenants the same terms set forth in its Ground Lease Agreement to provide for the rights and protections afforded to the Lessor thereunder. The Tenant shall reserve the right to amend Tenant's subleases to conform to the requirements of the Ground Lease Agreement, and all such subleases shall be consistent with and subordinate to the Tenant’s Ground Lease Agreement as it is amended from time to time. Sublessees shall pay rents to the Tenants and Tenants shall in turn pay rent to the Lessor. Such subleases shall include an agreement that the sublessees will attorn to and pay rent to the Lessor if the Tenant ceases to be a party to the ---PAGE BREAK--- Page 50 of 53 original Ground Lease Agreement. The Lessor shall have the right to approve any sublease in the Lessor's sole discretion, and the Tenant shall provide to the Lessor a copy of every sublease executed by the Tenant (which shall include the make, model, and identification number of all Aircraft making use of such space). No sublease shall relieve Tenant of any obligation ·under this Agreement. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-390. – Encumbrance of Real Property or Tenant’s Rights. A Tenant shall not encumber or permit the encumbrance of any real property at the Pickens County Airport. A Tenant shall not encumber or permit the encumbrance of any of Tenant's rights under this Agreement without the Lessor’s prior written consent, in the Lessor’s sole discretion. A Tenant shall not record its Ground Lease Agreement or any document or interest relating any encumbrances referenced in Subsections and Any purported encumbrance of rights by a Tenant in violation of this Section shall be void. In connection with the Lessor’s consent to any encumbrance, at a minimum the following shall apply: 1. Such encumbrance shall only encumber a Tenant's leasehold interest for the purpose of securing financing for the Tenant's authorized improvements (no other encumbrance shall be permitted). 2. Such encumbrance shall be subordinate to the Lessor’s interests. 3. The lienholder must agree to maintain current contact information with the Lessor and provide the Lessor with concurrent copies of any notices or communications regarding a default. ---PAGE BREAK--- Page 51 of 53 4. The lienholder must certify to the Lessor that it has reviewed the Ground Lease Agreement and accepted provisions that may affect the lienholder, and that no loan requirements conflict with or materially erode any provisions of the Ground Lease Agreement. 5 . Any default relating to such encumbrance shall be a default of the Ground Lease Agreement. 6 . The lienholder must agree that upon any default, the Lessor shall have a lien with first priority on all Tenant-owned improvements and other property on the leased premises subject to the Ground Lease Agreement. 7 . Such encumbrance shall terminate prior to the Expiration Date and the lienholder must agree to remove such encumbrance when the obligation that it secures has been satisfied. If while such encumbrance is in effect, a Tenant defaults under such encumbrance or under the Ground Lease Agreement, and if such lienholder is in compliance with the provisions set forth in this Section and cures the Tenant's defaults of this Agreement within twenty (20) days after the first such default, shall permit such lienholder to provide a substitute tenant (which must be acceptable to in its sole discretion) for a period of up to twelve (12) months after the date when such lienholder cured all defaults so long as such lienholder fully satisfies its obligations during such period. If such a lienholder fails to comply with any of the applicable requirements set forth in this Section, such failure shall be a default of the Ground Lease Agreement and the Lessor may at any time (but is not required to) terminate the Ground Lease Agreement and exercise any rights set forth therein. The Lessor shall have no obligation to provide any notices to any lienholder and shall have no liability of any kind to any lienholder. (Ord. of 11-17-2025, § 1 (Exh. ---PAGE BREAK--- Page 52 of 53 Sec. 13-391. – Effect on Tenant-Owned Improvements of Termination of a Ground Lease Agreement Due to Default by a Tenant. ( a ) If a Ground Lease Agreement terminates before the stated expiration date due to the Tenant's default, within ninety (90) days after such termination, the Lessor, in its sole discretion, may determine to accept title to all or any portion of the Tenant-owned improvements on the leased premises. ( b ) Upon the Lessor’s acceptance of any such title, all of the Tenant's rights, title, and interests in the same shall be terminated and title thereto shall automatically vest in the Lessor. ( c ) Upon termination of the Ground Lease Agreement in such a case, the Tenant shall surrender such improvements and the leased premises to the Lessor. ( d ) If the Lessor rejects any such title, or if such ninety-day period expires, the Tenant shall within sixty (60) days of such rejection or expiration remove all improvements that were not accepted by the Lessor at the Tenant's sole expense in a manner acceptable to the Lessor. ( e ) If the Tenant fails to remove any such improvements, the Lessor may do so in any manner acceptable to the Lessor. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-392. – Effect on Tenant-Owned Improvements of Expiration of a Ground Lease Agreement. At the expiration of the Ground Lease Agreement, any improvements constructed on the leased premises will transfer, free and clear, to the Lessor. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-393. – Preservation of the Lessor’s Compliance Obligations. ---PAGE BREAK--- Page 53 of 53 Ground Lease Agreements shall be drafted and executed to preserve the Lessor's rights and powers to comply with the Lessor's Federal, Georgia and other governmental obligations. (Ord. of 11-17-2025, § 1 (Exh. Sec. 13-394. – Subordination to the Lessor’s Government Commitments. ( a ) Ground Lease Agreements shall be subordinate to the provisions of any agreement between the Lessor and the Federal Government or other governmental authority that affects the Pickens County Airport, including, but not limited to, agreements governing the expenditure of Federal o r o t h e r g o v e r n m e n t a l funds for improvements thereon, irrespective of when said intergovernmental agreement may have been executed. ( b ) In the event that the Federal Aviation Administration or other governmental authority requires any modification to a Ground Lease Agreement as a condition of the Lessor entering any agreement or participating in any program applicable to the Pickens County Airport, including, but not limited to, those providing funding, a Tenant must agree to consent to any such modification. ( c ) If a governmental authority determines that any act or omission of a Tenant or a Tenant's employees, agents or other associates has caused or will cause the Lessor to be noncompliant with any of the Lessor's government commitments, including, but not limited to, any assurances or covenants required of the Lessor or obligations imposed by law, the Tenant shall immediately take all actions that may be necessary to preserve the Lessor's compliance with the same. ( d ) Without liability to the Lessor, the Lessor shall have the right to terminate a Ground Lease Agreement and reenter and repossess any portion of the leased premises if the Federal Government or other governmental authority having jurisdiction expressly requires any such action, subject to any review that may be afforded to the Tenant by such authority. (Ord. of 11-17-2025, § 1 (Exh.