S.A.S.A. - Skagit Airport Support Association - Skagit Regional Airport, Burlington, WA 98233

PORT OF SKAGIT COUNTY

RULES AND REGULATIONS

APPLYING AT

SKAGIT REGIONAL AIRPORT

And

BAYVIEW BUSINESS AND INDUSTRIAL PARK

BURLINGTON, WASHINGTON

ISSUED BY THE PORT OF SKAGIT COUNTY

P.O. BOX 348

BURLINGTON, WA 98233

	TABLE OF CONTENTS
SECTION 1	INTRODUCTION	4
	1.1 Purpose	4
	1.2 Statement of Policy	4
	1.3 Application	4
	1.4 Definitions	4
	1.5 Authorization to Administer Rules and Regulations	6
	1.6 Applicable Laws and Regulations	6
	1.7 Notification	7
	1.8 Invalidity of Particular Provisions	7

SECTION 2	GENERAL POLICIES AND REGULATIONS	8
	2.1 Protection of Life or Property	8
	2.2 Use of Port Facilities at Own Risk	8
	2.3 Commercial Use of Port Facilities	8
	2.4 Signs	8
	2.5 Commercial or Special Events	8
	2.6 Garbage	8
	2.7 Behavior	9
	2.8 Storage	10
	2.9 Accident Reports	10

SECTION 3	AERONAUTICAL POLICIES AND REGULATIONS	11
	3.1 Airport Operation	11
	3.2 Gate Cards	11
	3.3 Operation of Aircraft	11
	3.4 Maintenance, Repair, and Service of Aircraft	12
	3.5 Hazards to Aviation	12
	3.6 Damaged or Disabled Aircraft	13
	3.7 Aprons	13
	3.8 Fueling of Aircraft	14
	3.9 Changing of Oil	15
	3.10 Safety	15
	3.11 Ultralights	16
	3.12 Vehicle Operations	16

SECTION 4	MOTOR VEHICLE POLICIES AND REGULATIONS	18
	4.1 BASIC DRIVING CONDITIONS	18
	4.2 PARKING AND STORAGE OF VEHICLES, INCLUDING RESTRICTED AREAS	18
	4.3 ABANDONED OR IMPROPERLY PARKED VEHICLES	18
	4.4 REPAIRS TO VEHICLES	19
	4.5 USE OF ROADS AND STREETS	19

SECTION 5	EXPEDITIOUS COLLECTION OF AIRPORT CHARGES, PROCEDURES AUTHORIZED

SECTION 1

INTRODUCTION

1.0 PURPOSE

The purpose of these rules and regulations is to promote the safe and efficient operation of Skagit Regional Airport and the Bayview Business and Industrial Park and to provide services for aircraft operators, tenants, businesses, and the public.

2.0 STATEMENT OF POLICY

The Port has developed these rules and regulations for activities at the Skagit Regional Airport and Bayview Business and Industrial Park. Port staff will be responsible for administering these rules. The Port reserves the right to allocate the use of any port facility as it deems necessary to ensure that its users are treated safely and fairly.

1.3 APPLICATION

These rules and regulations apply to all users of the Skagit Regional Airport and Bayview Business and Industrial Park.

1. DEFINITIONS

1.4.1 Abandoned means anything that has been deserted or left behind.

1.4.2 Air Operations Area means runways, taxiways, and taxilanes.

1.4.3 Aircraft means any craft that flies, or other artificial contrivance capable of being used as a means of transportation in the air.

1.4.4 Airport means the Skagit Regional Airport.

1.4.5 Apron means all paved areas within the secured area except runways, taxiways, and taxilanes.

1.4.6 AWOS means Automated Weather Observing System

1.4.7 BBIP means the Bayview Business and Industrial Park.

1.4.8 Bayview Business and Industrial Park means all land, airspace, buildings, and improvements outside of airport property as shown on Exhibit A, attached hereto and by this reference incorporated herein.

1.4.9 CTAF means Common Traffic Advisory Frequency

1.4.10 Executive Director means the executive director of the Port of Skagit County or his/her designee(s). All approvals from the executive director required by these rules and regulations shall be in advance and shall be in writing.

1.4.11 FAA means the Federal Aviation Administration

1.4.12 FAR means Federal Aviation Regulation

1.4.13 FBO means any person providing aviation services with a fixed base of operation at the airport.

1.4.14 Owner means every person, firm, partnership, corporation, association, organization or agent thereof, with actual or apparent authority, who expressly or implicitly contracts to use port facilities.

1.4.15 Port Facilities means all land, buildings and other improvements located on Port property at the airport and BBIP.

1.4.16 Port means the Port of Skagit County.

1.4.17 Port Commission means the Port Commission of the Port of Skagit County. All approvals from the Port Commission required by these rules and regulations shall be in advance and shall be in writing.

1.4.18 RCW means Revised Code of Washington

1.4.19 Restricted Area means those areas within the secured area designated by signs, pavement markings, or other appropriate means.

1.4.20 Runway means runway 4/22 or runway 10/28. Said runways are depicted on Exhibits B and C, attached hereto and by this reference incorporated herein.

1.4.21 Skagit Regional Airport means all land, airspace, buildings, and improvements within the boundaries as shown on Exhibit A.

1.4.22 Secured Area means those areas of the airport where access is restricted by the Ports perimeter fence or natural barriers.

1.4.23 Taxilane means the portion of the aircraft parking area used for access between taxiways and aircraft parking positions. The centerlines of airport taxilanes are identified with yellow striping.

1.4.24 Taxiway means a defined path established for the taxiing of aircraft from one part of the airport to another. Taxiways currently consist of A, B, C, D, F, and G and are depicted on Exhibit C. The centerlines of airport taxiways are identified with yellow striping.

1.4.25 Through the Fence Fueling means any fueling done by a commercial fuel distributor not having a base of operation at the airport.

1.4.26 UNICOM means a nongovernment air/ground radio communication station which may provide airport information at public use airports where there is no tower or FSS.

1.4.27 User means any person, including aircraft owners/operators, port permittees, port lessees, and the public.

1.5 AUTHORIZATION TO ADMINISTER RULES AND REGULATIONS

The port commission authorizes the executive director to administer these rules and regulations by written or verbal instruction.
The executive director may require users violating these rules and regulations to leave the port facilities and/or may obtain assistance of law enforcement officers to protect property, lives, or preserve the peace.
Aircraft/vehicles and/or equipment located on port facilities in violation of these regulations is subject to removal and/or impoundment and sale. All charges for removal, impoundment, and sale of such property will be assessed against said property and/or its owner(s).
Differences of opinion regarding the interpretation of these rules and regulations, or their application, should be brought directly to the attention of the airport or BBIP manager. If the matter cannot be satisfactorily resolved, then it should be submitted in writing to the executive director. If the executive director cannot resolve the matter, or if the proposed solution is not acceptable to the complainant, then the matter shall be referred to the port commission, with both the executive director and complainant stating their cases in writing. In all cases, the decision of the port commission is final.

1.6 APPLICABLE LAWS AND REGULATIONS

All applicable Port, municipal, county, state, and federal regulations, laws, and safety standards apply to activities at port facilities.

1.7 NOTIFICATION

The Port does not accept responsibility for mailing or delivery of these rules and regulations to its customers, tenants, or users. These rules and regulations are available for review at the Ports administration office. A copy may be obtained upon request.

1. INVALIDITY OF PARTICULAR PROVISIONS

If any term or provision of these rules and regulations, or the application thereof to any user or circumstance shall, to any extent, be invalid or unenforceable, the remainder of these rules and regulations shall continue in full force and effect.

SECTION 2

GENERAL POLICIES AND REGULATIONS

2.1 PROTECTION OF LIFE OR PROPERTY

The Port reserves the right to physically move aircraft or vehicles in an emergency for the protection of life or property.

2.2 USE OF PORT FACILITIES AT OWN RISK

Anyone visiting or using port facilities does so at their own risk. The Port does not assume any responsibility for loss or damage to property and/or injury to users on port facilities.

2.3 COMMERCIAL USE OF PORT FACILITIES

Commercial users of airport facilities may apply for and obtain a master gate card for entry through secured airport gates. Such users should be monitored by the port tenant for whom they are working.
Mobile vendors/businesses are only allowed to perform business off of public roads (with permission of Port lessee) and shall observe a 300-foot no-business zone around a similar or competitor business.

2.4 SIGNS

All signs shall be approved by the executive director.

2.5 COMMERCIAL OR SPECIAL EVENTS

Commercial or special use events may be authorized with approval from the executive director containing terms and conditions established by the executive director. Depending on the type or location of the special event, prior written approval may also be required from the FAA or other appropriate agencies.

2.6 GARBAGE

2.6.1 The following items may be deposited in specifically marked containers provided by the Port:

Aircraft engine oil;
Aircraft engine filters.

Users are responsible for removing the following items from port facilities and shall not deposit them in port garbage containers:

Fuel and other petroleum products, except engine oil as stated above;
Aircraft components or other devices containing petroleum products, except filters as stated above;
Paints/thinners;
Batteries/tires;
Lumber;
Aircraft components or accessories;
Other waste defined as follows:

2.6.2.1.6.1 RCW 70.105.010 moderate risk waste, dangerous waste, hazardous substances, hazardous waste, or extremely hazardous waste;

2.6.2.1.6.2 RCW 15.58.030 pesticides;

2.7 BEHAVIOR

Behavior that disturbs or creates a nuisance for others at port facilities is prohibited. No user shall obstruct, impair, or unreasonably interfere with the safe, orderly, and efficient use of port facilities by any other user, vehicle, or aircraft.
Overnight camping at port facilities is prohibited except by special provision adopted by the port commission. For the purposes of these regulations, overnight stays in a vehicle, aircraft, or building shall be considered overnight camping.
Animals are allowed on port facilities only if the animal is restrained by a leash or other suitable means. Owners are responsible for proper clean up and disposal of animal waste.
Hunting or otherwise harassing of wildlife is not permitted on port facilities.
Except for properly licensed persons, no user shall possess a handgun or other firearm at port facilities without a trigger lock in place or contained in a gun case.
No user shall possess a destructive device on port facilities without prior approval of the executive director. Destructive device includes, but is not limited to, any device containing an explosive, incendiary material, or other chemical substance, a bomb, grenade, missile, or any other device creating an unreasonable risk of harm to persons or property.
No user shall abandon any belongings on port facilities.
No gambling or gambling devices shall be permitted on port facilities

2.8 STORAGE

Storage of personal property shall be at designated locations established by the executive director. Any personal property placed on public use areas of port facilities without approval of the executive director shall be considered abandoned and subject to removal at owners expense.

2.9 ACCIDENT REPORTS

Any user involved in an accident on port facilities that results in damage to persons or property shall promptly report such occurrence to the executive director and all appropriate agencies.

SECTION 3

AERONAUTICAL POLICIES AND REGULATIONS

3.1 AIRPORT OPERATION

In the interest of safety, the Port may, in its sole discretion, suspend or restrict any or all operations without regard to weather conditions whenever such action is deemed necessary.
In the interest of safety, all non-powered aviation operations shall be coordinated with the Port and conducted only after issuance of a non-powered aviation activity permit.

3.2 GATE CARDS

Entry into secured areas shall be through the use of gate cards issued by the Port. Gate cards may be issued for the following:

Hangar and tie-down permittees, and other airport tenants.
Non-tenant commercial users with a master license issued by the Port.
Others who are authorized by the executive director.

Fees for issuance of cards, or for additional or lost cards, will be established by the executive director.

3.3 OPERATION OF AIRCRAFT

When aircraft operate within the confines of the airport, the pilot in command is expected to conform to all applicable federal rules and regulations and to exercise good judgement, consideration, and safe operating practice.
The airport provides UNICOM/CTAF at 123.05 MHz.
All users should operate, service, maintain, paint or repair any aircraft at the airport in compliance with the regulations of the Federal Aviation Administration, port regulations, and all other applicable laws and regulations.
Aircraft shall not be taxied on or towed on any area other than runways, taxiways, taxilanes, or aprons without approval of the executive director.
Aircraft not equipped with wheel brakes shall have wing walkers when taxiing in the area of buildings and/or other aircraft.
Safe practice should be exercised during start and run-up, especially when the aircraft is not equipped with adequate wheel brakes.
The operation of all helicopters shall conform to Part 91 of the Federal Aviation Regulations and shall not be operated in the following areas:

T-hangar areas;
General aviation tie-down areas A, B, C, D, E and F as shown on Exhibit D, attached hereto, and by this reference incorporated herein, except for the purpose of parking aircraft;
Within one-hundred (100) feet of any hangar or the terminal building except for the purpose of parking aircraft;
Within one-hundred (100) feet of the fuel facility except for the purpose of purchasing fuel;
Transient apron between taxiway A and the terminal building except when loading/unloading passengers or parking aircraft;

The recommended aircraft landing and takeoff general flight patterns will be standard left-hand pattern per Aeronautical Information Manual (AIM).
Landing aircraft shall clear the runway as soon as practical, consistent with safe operating procedures.

3.4 MAINTENANCE, REPAIR, AND SERVICE OF AIRCRAFT

Repair, service, or maintenance of aircraft at the airport shall be performed:

At a commercial repair facility, or
By port lessees or port permittees, or their agents, within the confines of their lease area or permit areas and as further defined in the lease or permit, or
In all other cases, as authorized by the executive director.

3.4.2 Any person performing aircraft maintenance for hire may obtain a master gate card from the Port to enter secured areas on airport property.

3.5 HAZARDS TO AVIATION

No person shall operate or release any model aircraft, rocket, kite, or other article or substance over the boundaries of the port facilities without the approval of the executive director.

3.6 DAMAGED OR DISABLED AIRCRAFT

An owner or operator of a damaged aircraft shall remove the damaged aircraft from operations areas immediately unless said removal is contrary to the procedures and requirements of the National Transportation Safety Board or FAA.
Damaged or disabled aircraft shall be moved to:

A commercial repair facility; or

Owners hangar; or

May be stored up to ninety (90) days or such additional time as approved by the executive director at owners tie-down space; or

Such other place with approval of the executive director.

3.6.3 Aircraft and parts or components of the aircraft not removed when required by paragraph 1, above, or parked or stored in violation of paragraph 2, above, may be removed to and stored at a suitable storage area at the expense of the owner.

3.7 APRONS

Aircraft shall be parked at tie-down areas, private fixed based operator facilities, hangars, or such other place with approval from the executive director.

Aircraft that park in reserved spaces without approval from the executive director are subject to removal from the space. Aircraft owner(s) shall be responsible for payment of all costs involved in the move.

Day users and other users without a hangar, tie-down, or operating agreement with the Port or a port tenant, shall park in designated transient areas.

The owner or operator of an aircraft shall properly secure aircraft when parked at the airport. Owner/operator(s) are responsible for any damage from failure to do so.

In an emergency, aircraft may be moved and secured by the Port at the owners expense without liability for damage that may result in the course of such action. This action may be taken by the Port if, in its sole discretion, it is deemed necessary to prevent injury or damage to people or property, but it shall not be incumbent upon the Port to do so.

It shall be the responsibility of the aircrafts owner/operator to contain any oil or fuel leakage from his/her parked aircraft. Clean up and/or repairs of any damage resulting from failure to observe proper containment of such leaks shall be made at the expense of the aircraft owner/operator(s).

3.8 FUELING OF AIRCRAFT

Through the fence fueling operations are not allowed. Fixed based operators (FBOs) may provide fuel-dispensing services only with approval of the port commission. All fueling operators shall have approved storage and dispensing equipment/facilities and are subject to flowage fees established by the port commission.

Fueling operations shall not be conducted in any building on the airport.

Aircraft shall not be fueled or defueled with:

Engine running, helicopters using Jet-A fuel excepted; or

Occupants aboard, unless FAA established procedures are complied with; or

Avionics or electrical equipment in the "on" position;

All fueling operations shall comply with the Uniform Fire Code (1997 edition).

In the event of a fuel spill, the Port shall be notified immediately. Spills shall also be reported to 9-1-1.

Bulk fuels from off site vendors may only be delivered to a Port authorized FBO by a properly licensed vendor with properly certified equipment. Such deliveries shall be made only to the Ports storage tanks, or such other storage tanks approved by the port commission.

Fuel may be dispensed from the Ports storage tanks or from other port approved storage tanks, or from an approved fuel truck only as follows:

Into properly installed fuel tanks aboard aircraft;

Into approved portable container to be transported off airport property;

By authorized FBO personnel, from the Ports storage tanks into a truck approved for mobile dispensing.

Matches, cigarette lighters, and other similar devices shall not be permitted on persons engaging in fueling/defueling operations.

All aircraft shall be positively grounded and or bonded to any truck or equipment used when being fueled.

It is the responsibility of any FBO or person(s) authorized by the Port to provide fueling/defueling services, to ensure that all persons engaged in such fueling/defueling services be properly trained in accordance with FAA policies and procedures and all other applicable laws and regulations prior to fueling/defueling of aircraft or dispensing of fuel in any other manner.

3.9 CHANGING OF OIL

Users changing oil in aircraft engines shall be responsible for the lawful disposal of the waste oil. Waste oil and filters shall be removed from the airport or disposed of in the appropriate Port-supplied containers. Disposal shall be in a manner that avoids environmental contamination and complies with all applicable laws and regulations.

3.10 SAFETY

A parent or other responsible adult shall accompany children under twelve (12) years of age while within the secured area.

No user shall enter the secured area except:

Arriving and departing pilots and their passengers. Passengers shall be the responsibility of the pilot at all times while within the secured area;

Tenants, permittees, and their guests and/or clients. Guests and/or clients shall be the responsibility of the tenant or permittee at all times while within the secured area;

Those authorized by the executive director.

Aircraft propeller blast should be directed away from other aircraft, hangars, and buildings.

Smoking is not permitted within one hundred (100) feet of an aircraft being fueled or defueled. At other times, smoking is not allowed within fifty (50) feet of aircraft.

Dangerous Substances:

Caustic/corrosive substances may not be used in an aircraft operations area or apron.

All users shall keep, store, transport, or use any flammable materials on airport property in the following manner:

In a proper receptacle installed in the aircraft;

In areas and quantities approved by the Port;

Transporters of bulk fuels or other flammable materials shall obtain approval from the executive director and are subject to fees established by the port commission;

3.11 ULTRALIGHTS

The operation of ultralight aircraft shall conform to the following:

All ultralight operations shall be confined to the northwest 2,000 feet of taxiway A.

Ultralight aircraft shall yield to any taxiing aircraft.

Ultralight flight operations shall not be conducted on active runways at the airport;

All ultralight aircraft operators should brief the airport UNICOM/CTAF prior to any operation so that the UNICOM/CTAF operator may inform other traffic in the area as to the ultralights movement.

3.12 VEHICLE OPERATIONS

Vehicles with an axle load exceeding 42,500 lbs. are not permitted within the secured area without approval of the executive director.

No vehicles shall be operated in the restricted area(s) or in the air operations area without prior approval of the executive director.

Aircraft shall have the right-of-way over vehicles at all times. All vehicles shall pass to the rear of taxiing aircraft. Any vehicle operator, upon observation of approaching aircraft, shall slow to a stop off to the side of the aircrafts potential movement area, allowing the aircraft to pass by safely.

Vehicles shall not be driven greater than fifteen (15) MPH within the secured areas.

No user shall operate a vehicle in the secured area without exhausts protected by screens, baffles, or mufflers to prevent the escape of sparks or the propagation of flame.

Delivery trucks shall use the access gate closest to their delivery point and shall drive the shortest route to and from such delivery point.

SECTION 4

MOTOR VEHICLE POLICIES AND REGULATIONS

4.1 BASIC DRIVING CONDITIONS

Drivers of vehicles shall obey all posted signs and all applicable Washington State driving laws.
Vehicles shall not be operated in areas other than those designated as a street or a vehicle parking area, without approval from the executive director.
Go-carts, motorcycles, bicycles, or similar vehicles or horses shall not be permitted on the runways, taxiways, taxilanes, or aprons without approval from the executive director.

4.2 PARKING AND STORAGE OF VEHICLES, INCLUDING RESTRICTED AREAS

No user shall park or store vehicles except in areas specifically posted and designated for such purposes in accordance with the rules regulating vehicle parking and storage of vehicles. Specific regulations governing parking are contained in separate rules available at the Port administrative offices.

4.3 ABANDONED OR IMPROPERLY PARKED VEHICLES

4.3.1 Any vehicle which has been:

Abandoned on port facilities; or

Parked or stored in such a manner as to obstruct or unreasonably interfere with the safe, efficient, and orderly operation a port facility; or

Parked or stored contrary to Port regulations;

may be towed to a vehicle storage area designated by the Port or to a designated commercial impound yard per signs posted throughout port facilities.

The legal or registered owner, or person entitled to possession of a vehicle placed in the storage area or impound yard may reclaim the vehicle upon presentation of satisfactory proof of ownership and upon payment of the actual costs incurred in the removal, preservation, and custody of the vehicle, including actual towing fees together with storage charges.

At any time after the vehicle has remained unclaimed in the designated airport storage area for not less then five (5) days, the Skagit County Sheriff shall be notified and the vehicle released to such official for disposition as provided by law.

4.4 REPAIRS TO VEHICLES

No person shall clean or make any repairs to vehicles on port facilities, except emergency repairs necessary to remove a vehicle from port facilities.

4.5 USE OF ROADS AND STREETS

The right to use any and all roads, streets, parking area or lots within the airport is revocable at any time by the Port. Any designation of roads, streets, parking area or lot, and/or the use thereof, shall not in any way be construed as a dedication thereof.

SECTION 5

EXPEDITIOUS COLLECTION OF AIRPORT CHARGES,

PROCEDURES AUTHORIZED

5.1 GENERAL

The airport operator's Executive Director and/or assigned subordinates are authorized to take reasonable measures, including the use of chains, ropes and locks, to secure aircraft within the Airport facility so that the aircraft is in the possession and control of the Airport Operator and cannot be removed from the Airport facility. These procedures may be used if an owner hangaring or parking an aircraft at the Airport facility fails, after being notified that the charges are owing and of the owner's right to contest that such charges are owing, to pay the Airport charges owed or to commence legal proceedings. At the time of securing the aircraft, an Airport employee shall attach to the aircraft a readily visible notice. The notice shall be of a reasonable size and shall contain the following information:

the date and time the notice was attached;

5.1.2 a reasonable description of the aircraft;

the identity of the authorized employee;

5.1.4 the amount of Airport charges owing;

a statement that if the account is not paid in full within ninety (90) days from the time the notice is attached, the aircraft may be sold at public auction to satisfy the Airport charges;

5.1.6 a statement of the owner's right to commence legal proceedings to contest the charges owing and to have the aircraft released upon posting of an adequate cash bond or other security;

5.1.7 the address and telephone number where additional information may be obtained concerning the release of the aircraft.

After an aircraft is secured, an authorized Airport employee shall send a copy of the notice attached to the aircraft by registered mail, return receipt requested, and also by first class mail, to the owner at the owner's last known address.

5.2 MOVEMENT OF AIRCRAFT

In lieu of securing an aircraft in place, the Airport Operator's Executive Director and/or assigned subordinates are authorized to place aircraft in an area within the Airport Operator's control for storage with private persons under the Airport Operator's control as bailees of the Airport facility, if the aircraft is owing Airport charges. Reasonable costs of any such procedure shall be paid by the aircraft's owner. After an aircraft is moved, an authorized airport employee shall send a notice to the owner at the last known address by registered mail, return receipt requested, and an additional copy by first class mail. The notice shall be identical to that of subsection A above, except that the notice need not be attached to the aircraft, but shall specify the date and time the aircraft was moved.

5.3 PAYMENT OF CHARGES AND RELEASE OF AIRCRAFT

If an aircraft is secured under subsection A or moved under subsection B hereof, the owner who is obligated to the Airport Operator for Airport charges may regain possession of the aircraft by:

5.3.1 Making arrangements satisfactory with the Airport Operator for the immediate removal of the aircraft from the Airport's hangar, or making arrangements for authorized parking; and

5.3.2 Making payment to the Airport Operator of all aircraft charges or by posting with the aircraft operator a sufficient cash bond or other acceptable security, to be held in trust by the Airport Operator pending written agreement of the parties with respect to payment by the aircraft owner of the amount owing, or pending resolution of the matter of the charges in a civil action in a court of competent jurisdiction. After entry of judgment, including any appeals, in a court of competent jurisdiction, or after the parties reach agreement with respect to payment, the trust shall terminate and the Airport Operator shall receive as much of the bond or other security as is agreed or as is necessary to satisfy any judgment, costs, and interest as may be awarded to the Airport Operator. The balance shall be refunded immediately to the owner at his/her last known address by registered mail, return receipt requested. The Airport Operator shall send to the owner by first class mail a notice that the balance of funds was forwarded to him or her by registered mail, return receipt requested.

5.4 ABANDONED AIRCRAFT

If an aircraft has been secured by the Airport Operator under subsection A or secured under subsection B hereof and it is not released to the owner under the bonding provisions of this section within ninety (90) days after notifying, or attempting to notify, the owner under subsections A or B hereof, the aircraft shall be conclusively presumed to have been abandoned by the owner.

5.5 SALE OF AIRCRAFT

If an aircraft parked or hangared at the Airport is abandoned, the Airport Operator's Executive Director and/or assigned subordinates may, by resolution of its legislative authority, authorize the public sale of the aircraft by authorized personnel to the highest and best bidder for cash as follows:

5.5.1 Before the aircraft is sold, the owner of the aircraft shall be given at least twenty (20) days notice of the sale by registered mail, return receipt requested, if the name and address of the owner is known. The notice of sale shall be published at least once, more than ten (10) but not more than twenty (20) days before the sale, in a newspaper of general circulation in Skagit County. Such notice shall include the name of the aircraft, if any, its aircraft identification number, the last known owner and address, the time and place of sale, the amount of Airport charges that will be owing at the time of sale, a reasonable description of the aircraft to be sold, and a statement that the Airport Operator may bid all or part of its Airport charges at the sale and may become a purchaser at the sale.

5.5.2. Before an aircraft is sold, any person seeking to redeem an impounded aircraft under this section may commence a lawsuit in the Superior Court of Skagit County to contest the validity of the impoundment or the amount of the Airport charges owing. Such lawsuit must be commenced within ten (10) days of the date the notification was provided pursuant to the subsections A or B hereof, or the right to a hearing shall be deemed waived and the owner shall be liable for any Airport charges owing the Airport Operator. In the event of litigation, the prevailing party shall be entitled to reasonable attorneys' fees and costs.

5.5.3. The proceeds of a sale shall first be applied to the payment of Airport charges owed. The balance, if any, shall be deposited with the department of revenue to be held in trust for the owner or owners and lienholders for a period of one (1) year. If more than one (1) owner appears on the aircraft title, and/or if any liens appear on the title, the department must, if a claim is made, interplead the balance into a court of competent jurisdiction for distribution. The department may release the balance to the legal owner provided that the claim is made within one (1) year of sale and only one (1) legal owner and no lienholders appear on the title. If no valid claim is made within one (1) year of the date of sale, the excess funds from the sale shall be deposited in the aircraft search and rescue, safety, and education account created in RCW 47.68.236. If the sale is for a sum less than the applicable Airport charges, the Airport Operator is entitled to assert a claim against the aircraft owner or owners for the deficiency. In the event that no one purchases the aircraft at a sale, or that the aircraft is not removed from the premises or other arrangements are not made within ten days of the sale, title to the aircraft shall revert to the aircraft operator.

5.6 POSTING AND RECITAL REGULATIONS

That which is set forth herein is enforceable only if:

5.6.1. The Airport Operator has had its tariff and/or regulations containing these Regulations authorizing the impoundment of an aircraft that is the subject of delinquent Airport charges, conspicuously posted at its Airport Manager's office at all times;

5.6.2. All impounding remedies available to the Airport Operator are included in any written contract for Airport charges between an Airport Operator and an aircraft owner; and

5.6.3. That the rules laid out here for expeditious collection have been adopted by resolution of the Port Commission.

5.7 SEVERABILITY

Nothing hereinbefore contained may be construed as a limitation of any rights, privileges, or remedies previously existing under any applicable laws affecting the Airport Operator.

EXHIBIT A
AIRPORT (SHADED)
BBIP (HATCHED)

EXHIBIT B
TRAFFIC PATTERNS
note: NOT TO SCALE

EXHIBIT C
RUNWAYS/TAXIWAYS

EXHIBIT C Page 2

Object Free Area means a two-dimensional ground area surrounding runways, taxiways, and taxilanes that is clear of objects except for objects whose locations is fixed by function. The following areas as shown on Exhibit A exist at the airport:

250 feet on each side of the centerline of runways 10/28 and extending 600 feet beyond runway ends.

200 feet on each side of the centerline of runways 4/22 and extending 300 feet beyond runway ends.

93 feet on each side of the centerline of taxiways A, B, C, D;

65-1/2 feet on each side of the centerline of taxiways F, G.

57-1/2 feet on each side of the centerline of the taxilanes identified on Exhibit D.

39-1/2 feet on each side of all other taxilanes;

Runway Safety Area means a defined surface surrounding the runway prepared or suitable for reducing the risk of damage to airplanes in the event of an undershoot, overshoot, or excursion from the runway. The following areas as shown on Exhibit A exist at the airport:

150 feet on either side of centerline of runway 10/28 and extending 300 feet beyond runway ends;

60 feet on either side of centerline of runway 4/22 and extending 240 feet beyond runway ends.

Taxiway Safety Area means a defined surface alongside the taxiway prepared or suitable for reducing the risk of damage to an airplane unintentionally departing the taxiway. The following areas as shown on Exhibit A exist at the airport:

59 feet on each side of the centerline of taxiways A, B, C and D.

39-1/2 feet on each side of the centerline of taxiways F and G.

EXHIBIT D
TIEDOWN AREAS