§ 4-117. Alrcraft in working condition.

(a)

No person shall keep or store any aircraft at the airport unless it is in operating condition, is actively being repaired, or is awaiting ordered parts. An aircraft not in operating condition may not be kept or stored at the airport while actively being repaired or awaiting ordered parts for more than six (6) months. The authority may give permission to keep or store an inoperable aircraft not actively being repaired or awaiting ordered parts for a period not exceeding four (4) weeks for good cause shown.

(b)

Any person who keeps or stores any aircraft in violation of this article shall be subject to a citation and a fine of one hundred dollars ($100.00) for each infraction. Any person who receives a citation for the violation of this article and does not remove the subject aircraft from airport premises or otherwise remedy the violation within thirty (30) days following the issuance of the citation shall be subject to an additional citation and a fine in an amount not less than two hundred fifty dollars ($250.00) and not more than one thousand dollars ($1,000.00) for each infraction as determined by the Tupelo Municipal Court.

(c)

If any person fails to remove an inoperable aircraft from airport premises or otherwise remedy a violation of this article within thirty (30) days following the issuance of a citation for a violation of this article, the authority, in addition to or in lieu of the penalties specified in subsection (b), above (in the discretion of the authority), shall have the power to impound the aircraft, remove it from airport premises and store it at any suitable location, provided that before making any such impoundment the authority shall give not less than fifteen (15) days' written notice to the owner or custodian of such aircraft of the authority's intent to impound the aircraft and shall thereafter give the owner or custodian a reasonable opportunity prior to impoundment to show that the aircraft is no longer inoperable or otherwise in violation of this article. The authority shall not be liable for any damage or property loss resulting from such impound, removal or storage.

(d)

Following any impoundment of an aircraft pursuant to subsection (c), above, the owner or custodian of such aircraft may reclaim and take possession of the aircraft by reimbursing the authority for the reasonable cost incurred in impounding, removing and storing the aircraft and showing that he has paid all fines imposed pursuant to subsection (b), above. If the owner or oustodian does not reclaim the aircraft in such manner within sixty (60) days of the impoundment, the aircraft shall be deemed abandoned by the owner or custodian, and the authority may dispose of the aircraft in any manner, including donation or destruction. If the owner or custodian does not reclaim the aircraft, such person shall nevertheless be liable for any fines imposed and the reasonable costs incurred by the authority in seizing, removing, storing, and disposing of the aircraft, and the election by the authority to dispose of the aircraft by donation or destruction shall not absolve the owner or custodian from such liability.

(e)

The penalties and remedies set fotth in this article are in addition to and do not abrogate any penalties or remedies provided for in any other provision of this section or in any lease held by the owner or custodian of any aircraft.

(Ord. of 5-8-90, § 5.15; Ord. of 2-3-09(2), § 1(5.15(5.15.1—5.15.5)))