State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_63 > GS_63-53

§63‑53.  Specific powers of municipalities operating airports.

In addition to the generalpowers in this Article conferred, and without limitation thereof, amunicipality which has established or may hereafter establish airports,restricted landing areas or other air navigation facilities, or which hasacquired or set apart or may hereafter acquire or set apart real property forsuch purpose or purposes is hereby authorized:

(1)        To vest authorityfor the construction, enlargement, improvement, maintenance, equipment,operation and regulation thereof in an officer, a board or body of suchmunicipality by ordinance or resolution which shall prescribe the powers andduties of such officer, board or body.  The expense of such construction,enlargement, improvement, maintenance, equipment, operation and regulationshall be a responsibility of the municipality.

(2)        To adopt and amendall needful rules, regulations and ordinances for the management, governmentand use of any properties under its control whether within or without theterritorial limits of the municipality; to appoint airport guards or policewith full police powers; to fix by ordinance, penalties for the violation ofsaid ordinances and enforce said penalties in the same manner in whichpenalties prescribed by other ordinances of the municipality are enforced.  Itmay also adopt ordinances designed to safeguard the public upon or beyond thelimits of private airports or landing strips within such municipality or itspolice jurisdiction against the perils and hazards of instrumentalities used inaerial navigation.  Such ordinances shall be published as provided by generallaw or the charter of the municipality for the publication of similarordinances.  They must conform to and be consistent with the laws of this Stateand shall be kept in conformity, as nearly as may be, with the then currentfederal legislation governing aeronautics and the regulations duly promulgatedthereunder and rules and standards issued from time to time pursuant thereto.

(3)        To lease suchairports or other air navigation facilities, or real property acquired or setapart for airport purposes, to private parties, to any municipal or Stategovernment or to the national government, or to any department of eitherthereof, for operation; to lease to private parties, to any municipal or Stategovernment or to the national government, or any department of either thereof,for operation or use consistent with the purpose of this Article, space, area,improvements, or equipment on such airports; to sell any part of such airports,other air navigation facilities or real property to any municipal government,or to the United States or to any department or instrumentality thereof, foraeronautical purposes or purposes incidental thereto, and to confer theprivileges of concessions of supplying upon its airports goods, commodities,things, services and facilities; provided that in each case in so doing thepublic is not deprived of its rightful, equal, and uniform use thereof.

(4)        To sell or lease anyproperty, real or personal, acquired for airport purposes and belonging to themunicipality, which, in the judgment of its governing body, may not be requiredfor aeronautic purposes in accordance with the laws of this State or theprovisions of the charter of the municipality governing the sale or leasing ofsimilar municipally owned property.

(5)        To determine thecharge or rental for the use of any properties under its control and thecharges for any services or accommodations and the terms and conditions underwhich such properties may be used, provided that in all cases the public is notdeprived of its rightful, equal, and uniform use of such property.  Chargesshall be reasonable and uniform for the same class of service and establishedwith due regard to the property and improvements used and the expense ofoperation to the municipality.  The municipality shall have and may enforceliens as provided by law for liens and enforcement thereof, for repairs to orimprovement or storage or care of any personal property, to enforce the paymentof any such charges.

(6)        To engage, on anairport, in commercial and industrial land development projects which relateto, develop, or further airborne commerce and cargo and passenger traffic, and,in connection with any project, to improve real estate on an airport and leasethat improved real estate to public or private commercial and industrialenterprises, or contract with others to do so.

(7)        To exercise allpowers necessarily incidental to the exercise of the general and special powersherein created. (1945, c. 490, s. 6; 1991, c. 501, s. 1.)