GA Code § 32-9-8 (2021)
2021 Georgia Code|Title 32 - Highways, Bridges, and Ferries|Chapter 9 - Mass Transportation|Article 1 - General Provisions|§ 32-9-8. Licensing Airports

  As used in this Code section, the term:   "Aircraft" means any machine, whether heavier or lighter than air, used or designed for navigation of or flight in the air.   "Airport" means any area of land, water, or mechanical structure which is used for the landing and takeoff of aircraft and is open to the general public, as evidenced by the existence of a current and approved Federal Aviation Administration Form 7480-I or any successor application, for such use without prior permission or restrictions and includes any appurtenant structures and areas which are used or intended to be used for airport buildings, other airport facilities, rights of way, or easements; provided, however, that the term "airport" shall not include the following facilities used as airports:   Facilities owned or operated by the United States government or an agency thereof;   Privately owned facilities not open to the general public when such airports do not interfere with the safe and efficient use of air space of an airport for which a license or an airport operating certificate issued under 14 C.F.R. Part 139 of the regulations of the Federal Aviation Administration or any successor regulation has been granted; and   Facilities being operated pursuant to 14 C.F.R. Part 139 relating to certification requirements for airports serving scheduled air carrier operations or any successor agency of the United States government.     "Person" means an individual, firm, corporation, partnership, company, association, joint-stock association, municipality, county, or state agency, authority, or political subdivision and includes any director, employee, agent, trustee, receiver, assignee, or other similar representative thereof.     It is declared that the operation of airports used by the public for general aviation purposes but which are operated without regulation as to minimum and uniform safety requirements endangers the lives and property of persons operating aircraft at these facilities, the passengers of aircraft operated by such persons, and the occupants of lands in the vicinity of such facilities. For the purpose of establishing and improving a system of safer airports and to foster safer operating conditions at these airports, the department is authorized and directed to provide for the licensing of airports. The department may charge a license fee of $100.00 per runway, up to a maximum of $400.00, for each original license and each renewal thereof. All licenses shall be renewed biennially.   The department shall issue a license or renewal thereof to any owner of an airport that applies for a license or renewal thereof, if, upon investigation, the department determines that the airport meets minimum standards, prescribed by the department in its rules and regulations, in the areas of geometric layout, navigational aids, lighting, approach surfaces, landing surfaces, runway markings, and separation between airport sites, provided that no license shall be denied the owner or operator of an airport in existence on July 1, 1978, because of the failure to meet minimum standards prescribed with regard to geometric layout and separation between airport sites.   The department shall promulgate and publish reasonable rules and regulations establishing the minimum standards provided for in subsection (c) of this Code section, the procedure for obtaining, renewing, and revoking a license, and such other procedures and conditions as are reasonable and necessary to carry out this Code section.   Within 60 days after the receipt of a properly filled out application for a license, with appropriate fee, the department shall act upon the application.   All applications for renewal of a license shall be made to the department no later than 60 days prior to the expiration of the existing license.   Applications for a license or renewal thereof may be denied, or a license may be revoked, by the department, after notice and opportunity for hearing to the licensee, when the department shall reasonably determine:   That the licensee has failed to comply with the conditions of the license or renewal thereof;   That the licensee has failed to comply with the minimum standards prescribed by the department pursuant to this Code section; or   That because of changed physical or legal conditions or circumstances the airport has become either unsafe or unusable for the purposes for which the license or renewal was issued.     The decision of the department to deny or revoke any license or renewal thereof shall be subject to review in the manner prescribed for the review of contested cases as prescribed by Chapter 13 of Title 50, the "Georgia Administrative Procedure Act."     It shall be unlawful for any person to own or operate an airport without first obtaining and thereafter maintaining a valid license as required by this Code section.   Whenever it appears or is made known to the department that any person is operating an airport without a valid license, the department may issue an initial written cease and desist order requiring such person to cease and desist immediately from such unauthorized activity. Such cease and desist order shall become final 20 calendar days from the date of issuance as noted on the order. If the proper license or evidence of exemption from licensure requirements during the time of the alleged unlicensed activity is provided to the department's satisfaction within the 20 day period, the order shall not become final and shall be rescinded in writing by the department. Review of an administrative decision of the department entered pursuant to this paragraph shall be available solely in the superior court of the county of domicile of the department and shall be filed no later than 30 days after the department's cease and desist order becomes final.   When a person fails to comply with the terms of a final cease and desist order of the department, the department may, through the Attorney General and upon three days' written notice to such person, petition the superior court in the county where the unlicensed airport is located for an order directing such person to obey the final cease and desist order of the department. Upon the filing of such petition, the court shall allow a motion to show cause as to why a final cease and desist order of the department should be affirmed. After a hearing upon the merits or after failure of such person to appear when ordered, the court may grant the petition of the department.     Any person that violates the terms of an order issued pursuant to this subsection shall be liable to the department for a civil penalty not to exceed $1,000.00 per violation per day.   In determining the amount of penalty, the department shall consider the appropriateness of the penalty relative to the gravity of the violation, the history of any previous violation by such person, and any other such contributing factors or circumstances. The department may, in its discretion, compromise or modify any penalty that is subject to imposition or has been imposed pursuant to this paragraph. Any violator that is assessed a civil penalty may also be assessed the cost of collection, including, but not limited to, interest, court costs, and attorney's fees.   Any person assessed a civil penalty as provided in this paragraph shall have the right to request a hearing into the matter as provided for in Chapter 13 of Title 50, the "Georgia Administrative Procedure Act" within ten days after notification of the assessment has been served upon the person involved; otherwise, such penalty shall be final.     All penalties and fines recovered by the department pursuant to paragraph (4) of this subsection shall be paid to the general fund of the state; provided, however, that the department in its discretion may remit such amounts net of the cost of recovery if the department makes an accounting of all such costs and expenses of recovery.      (Code 1933, § 95A-1307, enacted by Ga. L. 1978, p. 1932, § 1; Ga. L. 2010, p. 9, § 1-62/HB 1055; Ga. L. 2021, p. 526, § 6/HB 577.)    The 2021 amendment,  effective July 1, 2021, in paragraph (a)(2), inserted ", as evidenced by the existence of a current and approved Federal Aviation Administration Form 7480-I or any successor application," in the middle, and substituted ", provided, however," for ", provided" near the end; in subparagraph (a)(2)(B), inserted "14 C.F.R." in the middle, and added "and" at the end; substituted the present provisions of subparagraph (a)(2)(C) for the former provisions, which read: "Facilities being operated pursuant to a current airport operating certificate issued by the Federal Aviation Administration or any successor agency of the United States government; and"; deleted subparagraph (a)(2)(D), which read: "Any facility served by a scheduled air carrier operating under a certificate of public convenience and necessity issued by the Civil Aeronautics Board or any successor agency of the United States government."; inserted "director, employee, agent," near the end of paragraph (a)(3); deleted the former last sentence of subsection (b), which read: "In promulgating the rules and regulations establishing minimum standards, the department shall consult with the Georgia Aviation Trades Association."; in subsection (c), substituted "license" for "permit" three times and substituted "that applies" for "who applies" near the middle; substituted "The" for "Within nine months after July 1, 1978, the" at the beginning of subsection (d); deleted the former first sentence of subsection (e), which read: "Within six months after the effective date of the rules and regulations adopted by the department, the owner of each airport in this state shall apply, on forms prescribed by the department, for a license to operate the airport."; and substituted the present provisions of subsection (i) for the former provisions, which read: "After September 30, 1979, it shall be unlawful for any person to own or operate an airport without a valid license as required by this Code section. Any person owning or operating an airport without a valid license as prescribed by this Code section shall be subject to a civil penalty in an amount not to exceed $100.00, to be imposed by the commissioner."   Cross references.   - Powers of local governments as to air facilities, T. 6, C. 3.   Administrative Rules and Regulations.   - Rules and regulations for licensing of certain open-to-the-public airports, Official Compilation of the Rules and Regulations of the State of Georgia, State Department of Transportation, Chapter 672-9.