IN GENERAL

Houston Code of Ordinances ch. 9, art. I

in effect

Houston Code of Ordinances § 9-1 Definitions.

Sec. 9-1. - Definitions. When used in this chapter, the following words, terms, and phrases shall have the meanings ascribed to them in this section, unless the context clearly indicates a different meaning: Air operations area means that area of a city airport, as identified in the airport's security program, in which security measures are carried out. The area includes but is not limited to aircraft movement areas, aircraft parking areas, aircraft loading ramps, safety areas for use by aircraft regulated under 49 CFR parts 1544 or 1546, and any adjacent areas, such as general aviation areas, that are not separately secured. This area does not include the secured area. Aircraft fuel means gasoline, kerosene, jet fuel, AvGas, or any other aircraft fuel. Aircraft movement area means any area within the air operations area that is used or intended to be used for the taxiing, landing, and taking-off of aircraft. Aircraft operator means a person who uses, causes to be used, or authorizes to be used an aircraft with or without the right of legal control (as owner, lessee, or otherwise) for the purpose of air navigation, including the taxiing of aircraft on any part of the surface of a city airport. Airport security program means a security program for a city airport, as approved in writing by the director and the TSA, that provides for the safety and security of persons and property on aircraft operating in air transportation against an act of criminal violence, aircraft piracy, or the introduction of an unauthorized weapon, explosive, or incendiary onto an aircraft. Airside area means all areas within the boundaries of a city airport that are access restricted and require persons present to be in display or possession of an identification badge under section 9-91 of this Code, including air operations areas, secured areas, and security identification areas. Aviation official means the director or a department employee who has been designated in writing by the director to act on behalf of the director in a specified capacity. CFR means the Code of Federal Regulations, as amended from time to time. City airport means any airport, owned or operated by the city, including all lands, buildings and other improvements owned, controlled, leased, or operated and maintained by the city appurtenant thereto. Commercial activity shall mean any activity undertaken for profit or direct monetary benefit, including the sale, advertisement, or display of goods or services. Daily parking means any area on any city airport designated by the director as intended for the parking of passenger vehicles by persons who are leaving their passenger vehicles at a city airport while they travel for periods of one or more days. Department means the Houston Airport System. Director means the Director of HAS or his duly designated deputy director. EFD means Ellington Airport. Exclusive area means any portion of a secured area, air operations area, or security identification display area, including individual access points, for which an aircraft operator has assumed responsibility under 49 CFR section 1542.111. FAA means the Federal Aviation Administration. FIS means the facility at IAH used by various agencies of the United States for the inspection and processing of arriving international passengers, together with the baggage claim, luggage storage, baggage recheck areas, in-transit lounge, and other appurtenant areas. Ground handling services means any of the following: on- and off-loading of aircraft passengers, baggage, mail, or cargo; into plane fueling; servicing aircraft lavatories; providing ground power, potable water and preconditioned air to aircraft; cleaning the interior or exterior of aircraft; provision of food and beverages for in-flight service; and emergency maintenance of aircraft engines and systems; and similar ground services. HAS means the Houston Airport System. HOU means William P. Hobby Airport. Hourly parking means any area on any city airport designated by the director as intended for the parking of passenger vehicles for short periods of time by persons who are dropping off or picking up travelers. IAH means George Bush Intercontinental Airport/Houston. Intoxicated has the meaning ascribed in Texas Penal Code § 49.01. Landside area means all areas other than airside areas within the boundaries of a city airport, including roadways, terminals and sterile areas. Landside vehicle means any type of vehicle that is powered by a gasoline, diesel, electric, LPG, or natural gas motor and is used or driven on the landside of a city airport. Motorized equipment means any type of vehicle other than aircraft that is self-powered (such as by a gasoline, diesel, electric, LPG, or natural gas motor) and is used or driven by any authorized person on the airside of a city airport. Operating instructions (OIs) shall mean the administrative rules and regulations promulgated by the director governing the use, control and operation of a city airport. Preferred parking means any of those areas in parking garages at a city airport designated by the director for the purpose of offering customers, by card access subscription, the right to preferred, close-in garage parking. Secured area means a portion of an airport, as identified in the airport's security program, where aircraft operators enplane and deplane passengers and sort and load baggage. The term includes any adjacent areas that are not separately secured. Security identification display area means a portion of a city airport, as specified in the airport's security program, in which security measures set forth in 49 CFR part 1540 are carried out. The term includes, but is not limited to, the secured area. Service animal has the meaning ascribed in 28 CFR § 36.104. Short-term parking means the same as hourly parking. Sterile area means a portion of a city airport, as identified in the airport's security program, in which passengers are provided access to boarding aircraft and to which access is controlled by the inspection of persons and property by the TSA or by an aircraft operator under 49 CFR, part 1544. Tower means an airport traffic control tower and its operating personnel. TSA means the Transportation Security Administration of the United States Department of Transportation. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 09-22, §§ 2, 3, 1-14-09; Ord. No. 2020-371, § 2, 5-6-2020)

Houston Code of Ordinances § 9-2 Establishment and general duties of the Houston Airport System.

Sec. 9-2. - Establishment and general duties of the Houston Airport System. (a) There is hereby created a department of the city to be known as the Houston Airport System. (b) The Houston Airport System and its employees shall be charged with the following duties: (1) To develop, redevelop, operate, supervise, manage, and maintain the city airports. (2) To plan the further expansion of the city airports as may be necessary or desirable to properly accommodate the needs of the public. (3) To evaluate the city airport system facilities and services and the domestic and international scheduled air services to and from the city for the purpose of ensuring adequate public air services, and to initiate, direct, or recommend, when so indicated, corrective action for deficiencies revealed. (4) To cooperate and coordinate with and represent the city with the FAA, TSA, and all other agencies constructively concerned with air transportation for the city and its trade territory. (5) To do all things necessary to assure the development and growth of air passenger and air cargo traffic to, from, and through the city. (6) To design or cause to be designed improvements to aviation facilities and construct or cause to be constructed such improvements under the supervision of its own professional architectural and engineering staff. (7) To acquire land and interests therein as may be required for the expansion of city airports and other aviation facilities, dispose of surplus land and interests therein, and lease aviation facilities to users thereof. (8) To administer all commercial and general aviation matters in which the city is interested and perform such other duties and functions as may be assigned to or required of the department or its personnel by and under any provision of the federal or state laws or the Charter or the ordinances or other appropriate action of the city. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02)

Houston Code of Ordinances § 9-3 Office of director created; appointment of director.

Sec. 9-3. - Office of director created; appointment of director. There is hereby created the office of director of the Houston Airport System. The director shall be appointed by the mayor and confirmed by the city council. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02)

Houston Code of Ordinances § 9-4 Duties and authority of the director.

Sec. 9-4. - Duties and authority of the director. (a) The director shall perform all duties and responsibilities as are required of him by the laws of the United States and the state and the ordinances of the city and such other functions, duties, and powers as may be assigned to him by the mayor. In addition to the foregoing duties, functions, powers, and responsibilities, the director shall: (1) Be executive head of the department and have control, supervision, and authority over all officers and employees therein in the performance of the duties set forth in this section. (2) Promulgate and enforce or cause to be enforced reasonable and necessary administrative rules and regulations governing the use, control, and operation of the city airports and any other property placed under the jurisdiction of the department. The regulations shall not be inconsistent with applicable state, federal, or local laws, rules, and regulations. A copy of the regulations shall be maintained for public inspection in the manager's office at each city airport and in the city secretary's office. (3) Be authorized and directed for and on behalf of the city to notify any person who fails or refuses to comply with any applicable provision of law or departmental rules and regulations to depart from any city property or building under control of the department. Any person who upon such notice fails to depart from the city property or building shall be subject to prosecution under § 30.05 of the Texas Penal Code for criminal trespass in addition to prosecution for any other crime that he may have committed thereupon. (b) The director is hereby authorized to perform the following functions: (1) Close or restrict the use of all or any portion of any city airport as he may deem necessary and advisable in the interest of public safety in the event of natural disaster, airplane crash, structural failure of a runway or other facility, or other unsafe condition or during construction and maintenance work. (2) Deny the use of IAH, HOU, and EFD to any person who fails to pay the charges or conform to any provision of this chapter. (3) Determine for each construction project which delivery method provides the best value for the city pursuant to state and federal law. (4) Promulgate standard terms for leases and concessions that shall be included in all such agreements. (5) Give any and all notices that are required to be given by the city as a condition precedent to the taking of any action by the city under the provisions of any and all lease agreements for land and premises at any city airport and under the terms and provisions of all concession agreements for concessions at any city airport. The director, with the counsel of the city attorney, is further authorized to initiate or take any action under the terms of any such agreement upon the failure or refusal of the party notified to comply with such agreement. (6) Establish reasonable aircraft parking charges within the ranges set forth in section 9-142 for the parking of commercial aircraft on unleased areas controlled by the city on the city airports. (7) Subject to approval by the city controller: a. Establish billing and collection procedures and forms for collecting and remitting the fees and charges provided for in this chapter. b. Prepare forms and prescribe methods of reporting numbers of flights, all enplaning and deplaning activities, aircraft weight, and time of use of the ramp areas and other facilities and services for which fees are charged. (8) Allow scheduled and nonscheduled airlines to use unleased gates and common use areas and other associated operating space and facilities within the terminals and concourses at IAH and HOU as described in sections 9-165 and 9-166 of this Code. (9) Establish air cargo aircraft operations charges within the ranges set forth in section 9-167 for the use of the air cargo apron areas designated by the director at IAH. (10) Require those persons not under written contract with the city who conduct business on the airside to maintain the insurance coverages described in section 9-95. (11) When determined to be in the best interest of the city and HAS, execute terminable written occupancy license agreements not exceeding six months, for the mayor and on behalf of the city, upon forms approved by the city attorney. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 04-1150, § 1, 11-9-04; Ord. No. 2015-668, § 11, 7-8-2015)

Houston Code of Ordinances § 9-5 Airport zoning.

Sec. 9-5. - Airport zoning. Nothing in this Code or the ordinance adopting this Code shall be deemed to affect the validity of any ordinance relating to airport zoning, establishing an airport zoning commission, or designating any airport hazard area for zoning purposes, and all such ordinances are hereby recognized as continuing in full force and effect. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02)

Houston Code of Ordinances § 9-6 References to aviation department and aviation director.

Sec. 9-6. - References to aviation department and aviation director. The Houston Airport System was formerly known as the department of aviation or the aviation department, and the director was formerly known as the director of aviation or the aviation director. Any such reference in this Code or in any contract, agreement, purchase order, or other document shall be construed to mean the Houston Airport System or the director of the Houston Airport System, as applicable. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02)

Houston Code of Ordinances § 9-7 Animal regulations.

Sec. 9-7. - Animal regulations. No person shall enter any city airport terminal building or airside area with an animal in his possession. It is a defense to prosecution under this section that: (1) The animal is a service animal in actual service to the actor, who is a person with disabilities; (2) The animal is securely contained within a cage or carrier that is approved for airline use; or (3) The actor has been authorized by the director to bring the animal onto airport property. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02)

Houston Code of Ordinances § 9-8 Lost articles.

Sec. 9-8. - Lost articles. Any person who finds lost articles on any city airport shall deposit them with persons authorized under regulations promulgated from time to time by the director. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02)

Houston Code of Ordinances § 9-9 Deposit of garbage or waste.

Sec. 9-9. - Deposit of garbage or waste. No person shall deposit or leave any debris, garbage, paper or any other type of waste on any city airport, except in approved receptacles provided for that purpose. A person who commits an offense under this section shall, upon conviction, be subject to a fine of not less than $100.00 nor more than $4,000.00. To the extent that any conduct in violation of this section is also a violation of the Texas Litter Abatement Act, then the violation shall be prosecuted under and punishable as provided under the Act, rather than this section (Ord. No. 02-1184, § 1(Exh. A), 12-18-02; Ord. No. 2021-431, § 3, 5-26-2021)

Houston Code of Ordinances § 9-10 Environmental regulations.

Sec. 9-10. - Environmental regulations. Persons who violate any environmental rules or regulations promulgated by the director, the Texas Commission on Environmental Quality, or the United States Environmental Protection Agency while on airport property shall be subject to any and all applicable state and federal laws. (Ord. No. 02-1184, § 1(Exh. A), 12-18-02)

Source: City of Houston, Code of Ordinances and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/tx/houston/codes/code_of_ordinances?nodeId=COOR_CH9AV_ARTIINGEFetched: 10/26/2026