Section 352. Equipment, maintenance and operation  


Latest version.
  • The local legislative
      body of a city, or board  of  supervisors  of  a  county,  or  board  of
      trustees of a village, or town board of a town, which has established an
      airport  or  landing  field  and  has acquired, leased or set apart real
      property for such purpose, or has entered into an agreement  to  operate
      an  airport as a public airport or hereafter does so establish, acquire,
      lease, or enter into such agreement, or where two or more municipalities
      shall have established or hereafter do  establish  a  joint  airport  or
      landing  field  pursuant  to section three hundred fifty-three-a of this
      article the local legislative bodies thereof in joint session, may:
        1. Construct, develop, improve, equip, maintain and operate the same.
        2. Adopt regulations  and  establish  fees  or  charges  for  the  use
      thereof,  and  fix civil penalties for the violation of such regulations
      and provide for their enforcement.
        3. Provide and charge for all services, concessions or other usual  or
      incidental facilities rendered, conducted or maintained thereat.
        4. Purchase and sell aviation petroleum products, aircraft assessories
      and  parts,  and  provide  and charge for the servicing and repairing of
      aircraft, and for all other services reasonably necessary or  incidental
      to the operation of such airport or landing field.
        5.  Lease,  or  sub-lease  the  real  property  or  lease, contract or
      otherwise agree, on an exclusive or non-exclusive basis, for the  entire
      operation  of  such airport or landing field, or of any part thereof, or
      for the rendering of  various  services,  or  the  conduct  of  business
      activities,  on  or  at  said  airport  or  landing field subject to the
      provisions  of  section  three  hundred  fifty-two-a  of  this  chapter;
      provided,  however,  that  no such lease or contract shall be made until
      the governing body of the municipality shall have held a public  hearing
      in  respect  thereto  on  at  least  ten  days  notice  published in two
      newspapers having general circulation in the municipality, and  provided
      further  that any lease of an entire or portion of an airport or landing
      field, together  with  the  facilities  thereon,  or  contract  for  the
      operation of an airport or landing field or portion thereof shall be for
      a  term  not  exceeding forty years and shall expressly provide that the
      said airport or landing field shall be used only for  aviation  purposes
      and  for  other  purposes required for or necessary to the efficient and
      successful operation of an airport or landing field, upon such terms  as
      shall  require  the operation of the same as a public airport or landing
      field for the general use of the public and  for  the  benefit  of  such
      city,  county,  village or town.   Notwithstanding the provisions of any
      general or local law to the contrary, any municipality which was a party
      to an agreement in effect on or prior to January first, nineteen hundred
      sixty for the operation of an airport or landing field may,  enter  into
      an amended and supplemental agreement for a period not exceeding fifteen
      years  beyond  the  expiration  date of the existing agreement with such
      additional modifications in the terms of the agreement  consistent  with
      the provisions of this chapter, as may be approved by the governing body
      of  the  municipality  after  a  public hearing in respect thereto on at
      least ten days notice given in the manner provided in this subdivision.
        5-a. Notwithstanding the provisions of paragraph five of this  section
      or  any  other  provision  of  law  to the contrary, any town in Suffolk
      county may lease, for a term not exceeding forty  years,  real  property
      acquired  for  an  airport  or  landing field, and not necessary for the
      efficient and proper operation of the airport or landing field, for such
      other purposes as the governing board may determine, provided such other
      purposes do not interfere with the proper and efficient operation of the
      remainder of the airport or landing  field.  Any  such  lease  shall  be
    
      subject  to  requirement  of  a public hearing as set forth in paragraph
      five of this section.
        5-b.  Notwithstanding  the  provisions  of  subdivision  five  of this
      section or any other provision of law to the  contrary,  the  county  of
      Oneida  may  lease,  for a term not exceeding forty years, real property
      acquired for an airport or landing field,  and  not  necessary  for  the
      efficient and proper operation of the airport or landing field, for such
      other purposes as the governing board may determine, provided such other
      purposes do not interfere with the proper and efficient operation of the
      remainder  of  the  airport  or  landing  field. Any such lease shall be
      subject to requirement of a public hearing as set forth  in  subdivision
      five of this section.
        6.  Vest  jurisdiction  in  any  officer,  board or body of such city,
      county, village or town to perform any or all of the  foregoing  powers,
      and  establish  or  create  a  suitable  office,  board or body for that
      purpose; in vesting jurisdiction in such  office,  board  or  body,  the
      local  legislative body may reserve to itself such specific powers as it
      may deem proper, and may make the exercise of any such powers subject to
      its approval. Where a joint airport shall have been  established  or  is
      hereafter  established by two or more municipalities pursuant to section
      three hundred fifty-three-a of this article such jurisdiction  shall  be
      vested  in  a joint board or body as the local legislative bodies of the
      participating municipalities in joint session shall provide.
        The expenses incurred in connection herewith shall be a city,  county,
      village or town charge as the case may be.