ยง 352. Equipment, maintenance and operation. 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.
Structure New York Laws
Article 14 - Airports and Landing Fields
350 - Establishment and Location of Airport or Landing Field.
351 - Acquisition of Real Property; Bonds.
352 - Equipment, Maintenance and Operation.
352-A - Lease, Contract or Agreement for a Definite Term.
353 - Approval of Board of Estimate Required.
353-A - Joint Airports for Counties, Cities, Towns or Villages.
355 - Acquisition of Rights and Property Surrounding Airports.