§ 23.61. Charges and landing fees for certified, scheduled or commercial air carriers.

(1)

Schedule.

(a)

Designated space in terminal building. Each certified, scheduled or commercial air carrier shall pay for designated space in the terminal building that is occupied exclusively by such carrier at the following rates per square foot per annum, which rental shall be paid monthly in advance:

January 1, 1990 to
December 31, 1990 ..... $18.84

January 1, 1991 to
December 31, 1991 ..... 18.84

January 1, 1992 to
December 31, 1992 ..... 18.84

(b)

Joint use area.

1.

Each air carrier shall pay in monthly installments its pro rata share of any joint use area it utilizes in the terminal building of the airport, computed at the rate set forth in par. (a).

2.

The total amount each such carrier shall pay shall be computed according to the following formula: a sum equal to 20 percent of such total annual rental divided by the number of such carriers using such joint use area, plus a share of the remaining 80 percent of such total annual rental allocated among such air carriers so that each shall pay monthly the proportion thereof which the total number of its enplaning passengers during each monthly period bears to the total number of enplaning passengers of all such airline lessees during the monthly period.

(c)

Landing fees.

1.

Each air carrier shall pay the following landing fees per thousand pounds of certified maximum gross landing weight of each aircraft weighing over 30,001 pounds:

January 1, 1990 to
December 31, 1990 ..... $0.95

January 1, 1991 to
December 31, 1991 ..... 0.95

January 1, 1992 to
December 31, 1992 ..... 0.95

2.

Each air carrier shall pay the following landing fee for each aircraft weighing 30,000 pounds or less:

Under 14,500 ..... $17.00

14,501 to 30,000 ..... 25.00

3.

In tabulating weights, the weights of each aircraft shall not be less than the certified maximum gross landing weight as computed by the manufacturer and the federal aviation administration.

(2)

Authority of airport manager. As a condition precedent to the right of all such air carriers to use the airport, they and each of them shall comply with all rules and regulations promulgated by the Airport Board and all applicable County ordinances. The Airport Manager or his designee shall be given access by them at all reasonable times in person or by agent to examine and check the records of such air carriers, disclosing the information required hereunder to be reported by them to the Airport Manager.

(3)

Monthly flight reports of companies. As a condition precedent to the right to use and occupy the airport, each such air carrier shall furnish to the Airport Manager on or before the 10th day of each month hereafter, certified as true and correct by the person delegated by such air carrier as its official representative having custody of the records of same, the number of its flights which have landed at the airport during the preceding month, together with the manufacturer, type and official landing weight, as stated above.

(4)

Remittance of fees. The monthly report referred to in sub. (3) shall be accompanied by the remittance of such air carrier, calculated at the schedule in sub. (1) for the purpose of checking and auditing by the Airport Manager. If any deficiency in such remittance shall be determined, billing therefor shall be sent to the air carrier and if any overage, the same shall be refunded or credited. If remittance at the rate provided in sub. (1) shall not accompany such monthly report, send statements to the air carrier so reporting, calculated at such rate, which statement shall be due and payable not later than the 25th of each month.

(5)

Passenger and cargo reports. Each air carrier using the airport shall, in addition to the monthly report, at the same time report to the Airport Manager the quantity of cargo, mail and express and the number of passengers its flights have handled at the airport. The Airport Manager shall have the right to prescribe and furnish forms for the making of all reports required by the provisions of this section.

(6)

Fixed base operations. Charges herein fixed shall not apply to the operations of fixed base operators, nor shall the same apply to aircraft not operated for commercial purposes.

(7)

Contracts with carriers. This section does not apply to any air carrier using the airport during the term of any contract, whether of date prior or subsequent to the effective date of this section, if such contract covers fees to be charged to it for the use of the airport by its aircraft.

(8)

Transitional landing fees.

(a)

"Transitional landings" as used herein shall mean any landings made to acquaint pilots with aircraft or landing facilities.

(b)

No commercial air carrier shall use the airport for transitional landings without complying with the provisions of this subsection.

1.

Any above referenced air carrier using the airport for transitional landings shall pay landing fees as set forth in sub. (1).

2.

Any air carrier using the airport for transitional landings shall file a monthly report with the Airport Manager on a form prescribed by the Airport Manager. Such report shall be filed with the Airport Manager not later than 15 days following the month of activity.

(9)

Delinquent payments. Any fee, charge, rate, rental or other payment, whether due under written agreement, the provisions of this section or otherwise, shall be paid as of the established due date. Any portion of such fee, charge, rate, rental or other payment which remains unpaid after the established due date shall bear interest at the rate of 18 percent per annum, compounded monthly, from the due date until paid. This subsection shall become effective as of the date of publication and shall apply to all delinquencies then or thereafter in existence.

(10)

Penalty. Any person found in violation of this section shall be punishable by forfeiture of no more than $200.00, with each day's continuing violation constituting a separate and distinct offense.

(O-20-89)