In order to maintain and provide for the safety of the citizens of the city of Sublette, Kansas including, but not limited to the protection of the waste management system for the City which is in close proximity to the airport, the City deems it paramount to set restrictions and limitations on the use and storage of pesticides in the Sublette Municipal Airport.
(Ord. 420; Code 2020; Ord. 420A)
No pesticides exceeding five gallons in amount shall be stored, transported, flown into, flown out of, or in any way possessed on the Sublette Municipal Airport except for under circumstances as outlined below in Section 5-203.
(Ord. 420; Code 2020; Ord. 420A)
In the event an individual, corporation, or other entity desires to utilize the Sublette Municipal Airport for the purpose of storage and or application of pesticides use then the same can occur if the following conditions are all met prior to the same:
(a) A minimum one million dollar ($1,000,000) insurance policy covering all liabilities of the same.
(b) A permit shall be applied for to the City and granted with specific dates given full valid payment of the above costs along with insurance verification.
(c) All storage of any pesticides must comply with K.A.R. 4-13-25:4-13-25k which governs containment of such pesticides.
(Ord. 420; Code 2020; Ord. 420A)
The City extends all its police powers and ordinances pertaining thereto to the Sublette Municipal Airport to the same degree and with the same force as if the airport property was situated within the city limits.
(Ord. 420; Code 2020; Ord. 420A)
(a) Any individual, or any individual on behalf of any entity found in violation of this article shall be punished as provided herein, together with any civil penalties for the same. A maximum jail sentence of six (6) months and $1,500 minimum fine not to exceed $2,500 shall be imposed upon the conviction of the same. The court shall order a sentence with a minimum of 30 days in jail to be served with no possibility of house arrest/work release for the same.
(b) Upon conviction of the same the individual and entity in which the individual represents shall be banned from the use of the Sublette Municipal Airport indefinitely. The entity or individual may petition the City for reinstatement of the ability to utilize the airport, but may only do so one year from the date of the ban. In so determining if the ban shall be lifted the City shall take into consideration if payments as outlined under Section 5-203 have been made, the intent of the wrongdoer, the damage caused by the violation, and other factors as deemed appropriate by the City. In no event, the City shall not lift the ban if Section 5-203 has not been satisfied for the event giving rise to the ban.
(Ord. 420; Code 2020; Ord. 420A)