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PART ONE — ADMINISTRATIVE CODE

Title V — Administrative Organization

Chapter 139 — Department of Port Control

Complete to June 30, 2009

CROSS REFERENCES

Port and Harbor Commission, Charter § 76-7; CO Ch 153

General provisions, Charter § 76-8

Airports, RC Ch 4563

City Airport, CO Ch 571

Aviation fuel and lubricant rates, CO 571.02

Harbor, CO Ch 573

139.01     Duties of Director of Port Control

(a) The Director of Port Control shall supervise and control the Department of Port Control as established by Charter Section 76-8, and the administration and control of the activities in and about the harbor and airplane landing fields of the City.

(b) The Director shall initiate, promote and supervise such means of publicity and promotional activities as will encourage the fullest use of the Municipally owned and operated port facilities of the City for both air and water-borne commerce, in order to place the operation of such facilities on a self-sustaining basis.

(c) The Director shall have authority to solicit proposals and to negotiate for the leasing of any piers or docks of the City with any and all interested parties and, after approval by Council, to enter into leases therefor with the parties deemed to be best able to advance the development of the Port of Cleveland thereby.
(Ord. No. 2817-82. Passed 5-6-83, eff. 5-10-83)

139.02     Airport Property Damage and Earnings Insurance

In order to protect the City against financial loss, and to provide a continuity of service at the airports operated by the City, the Director of Finance is hereby authorized to take out property damage, including but not limited to fire, windstorm, tornado and other casualty, and earnings insurance hereinafter specified. The premiums on such policies shall be paid by the City and the property damage insurance limits shall be controlled by current practices, but in any event limited to the replacement value of the physical facilities to be insured. The earnings insurance shall be limited to anticipated annual gross income derived directly or indirectly from the airport terminal facility insured.
(Ord. No. 781-57. Passed 6-17-57, eff. 6-19-57)

139.03     Comprehensive General Airport Liability Insurance

The Director of Finance is hereby authorized to take out comprehensive general airport liability insurance covering the Cleveland Hopkins Airport and the Cleveland Lakefront Airport. The premiums on such policies shall be paid by the City.
(Ord. No. 1694-57. Passed 7-16-57, eff. 7-19-57)

139.04     Division of Cleveland Hopkins International Airport

There is hereby established in the Department of Port Control, a Division of Cleveland Hopkins International Airport to be administered and controlled by a Commissioner of Cleveland Hopkins International Airport, subject to provisions of the Charter and ordinances of the City, and to the supervision and direction of Port Control.
(Ord. No. 1440-80. Passed 12-15-80, eff. 12-17-80)

139.041     Duties of Commissioner of Cleveland Hopkins International Airport

The Commissioner of Cleveland Hopkins International Airport shall have charge and general management of the Cleveland Hopkins International Airport, and, subject to the approval of the Board of Control, shall fix the charges for the use of hangar space, landing and take-off fees. He shall perform such other and further duties as the Director of Port Control may require.
(Ord. No. 1440-80. Passed 12-15-80, eff. 12-17-80)

139.05     Division of Burke Lakefront Airport

There is hereby established in the Department of Port Control, a Division of Burke Lakefront Airport to be administered and controlled by a Commissioner of Burke Lakefront Airport, subject to provisions of the Charter and ordinances of the City, and to the supervision and direction of the Director of Port Control.
(Ord. No. 1440-80. Passed 12-15-80, eff. 12-17-80)

139.051     Duties of Commissioner of Burke Lakefront Airport

The Commissioner of Burke Lakefront Airport shall have charge and general management of the Burke Lakefront Airport and, subject to the approval of the Board of Control, shall fix the charges for the use of hangar space, landing and take-off fees. He shall perform such other and further duties as the Director of Port Control may require.
(Ord. No. 1440-80. Passed 12-15-80, eff. 12-17-80)

139.06     Division of Harbor

There is hereby established a Division of Harbor in the Department of Port Control to be administered and controlled by a Commissioner of Harbor, subject to the provisions of the Charter and ordinances of the City, and to the supervision and direction of the Director of Port Control.
(Ord. No. 1484-54. Passed 6-21-54, eff. 6-29-54)

139.07     Duties of Commissioner of Harbor

(a) The Commissioner of Harbor shall have charge of the administration and control of the Harbor of the City and the docks, wharves, warehouse and transportation facilities in connection therewith. He shall supervise the enforcement by the Harbor Master of the regulations established by law or ordinance governing the harbor and of the performance of other duties required thereby of the Harbor Master.

(b) He shall have authority, subject to the approval of the Board of Control, to fix the charges or fees duly imposed for the use of docks, wharves, warehouse and transportation facilities in connection therewith, or necessary and incidental to the licensing or regulating of marine craft and transportation facilities, provided that no grant, license, permit or concession shall be granted unless expressly authorized by Council.
(Ord. No. 962-78. Passed 5-15-78 over Mayor's veto, eff. 5-15-78)

139.08     Refreshments for Promotional Activities

The Director of Port Control shall have the authority to expend funds in order to provide food and beverages, as necessary, in order to promote the fullest use of the Cleveland Hopkins International Airport or the Burke Lakefront Airport.
(Ord. No. 1021-83. Passed 6-15-83, eff. 6-16-83)

139.09     Crash-Fire-Rescue Ambulance Charges

The Director of Port Control shall assess and collect from each user of the Cleveland Hopkins International Airport Crash-Fire-Rescue ambulance transportation service, other than City employees working at such Airport, a fee in the same amount per use as the charge for emergency medical services fixed pursuant to Section 135.332.
(Ord. No. 1097-91. Passed 6-17-91, eff. 6-26-91)

139.10     Clothing Maintenance Allowance Payment

The Director of Port Control is hereby authorized to cause payment of a clothing maintenance allowance of one hundred twenty-five dollars ($125.00) per year to all employees in the classifications of Airport Maintenance Man, Heavy Duty Mechanic, Auto Body Repairman, and Welder in the Division of Cleveland Hopkins International Airport and the Division of Burke Lakefront Airport.
(Ord. No. 238-85. Passed 2-11-85, eff. 2-13-85)

139.11     Airport Flight Guide; Advertising and Subscription Fees

The Director of Port Control is hereby authorized to charge and collect a fee for the inclusion of advertisements in the Airport Flight Guide and a subscription fee for the guide. The advertising and subscription fees authorized herein shall be fixed by the Director of Port Control in such amounts as to recover the costs of preparing, printing, mailing and handling the guide.
(Ord. No. 2741-89. Passed 1-22-90, eff. 1-30-90)

139.12     Safety of Airfield Premises

The Director of Port Control is hereby authorized to file applications and other necessary documents to obtain permits and to enter into agreements which are necessary to ensure the safety of airfield premises.
(Ord. No. 136-94. Passed 3-14-94, eff. 3-23-94)

139.13     Donating Employee Uniforms

That notwithstanding any provision of these Codified Ordinances to the contrary, the Director of Port Control is hereby authorized to donate to charitable organizations various pieces of uniforms of employees whose employment with the City has been terminated.
(Ord. No. 239-94. Passed 3-14-94, eff. 3-23-94)

139.14     Expenditures for Professional Memberships

The Director of Port Control is authorized to expend funds for membership and other related expenses for employee participation in professional and trade organizations and associations deemed by the Director of Port Control to be necessary to the operations of the various divisions of the Department of Port Control, including but not limited to membership dues, program registration fees, research, expenses related to participation in professional meetings and events, and other related expenses.
(Ord. No. 1526-02. Passed 9-30-02, eff. 10-7-02)

139.15     Navigational Aids and Weather Equipment

Notwithstanding and as an exception to the provisions of Chapter 183 of the Codified Ordinances of Cleveland, Ohio, 1976, the Director of Port Control is hereby authorized to enter into agreements with the United States of America through the Federal Aviation Administration to provide necessary real estate rights for the operation, installation, use and maintenance of navigational aids (NAVAIDS) and weather equipment for the various divisions of the Department of Port Control, subject to such terms and conditions as are acceptable to the Director of Law. The agreements authorized by this section are limited to providing necessary real estate rights and the Director of Port Control is not authorized to enter into any other agreements of any value.
(Ord. No. 1817-99. Passed 2-7-00, eff. 2-16-00)

139.16     Applying and Accepting Federal and State Grants and Other Funding

The Director of Port Control is authorized to apply for and accept grants and other funding from the United States of America and the State of Ohio, as they become available, to fund projects related to the operations of the various divisions of the Department of Port Control. The Director is further authorized to file all papers and execute all documents necessary to apply for, accept and receive grants and other funding; provided that the City shall follow all applicable federal or state regulations; and that any funds are appropriated for the purposes in the applications for the grants, applications for other funding, or any amendments thereto. The Director of Port Control shall notify this Council, through its Clerk, of any funds accepted under the authority of this section, on receipt of each award.

The Director of Port Control is further authorized to pay cash matching funds for projects approved by the above-named grantors for grant funding and other funding. The matching funds shall be paid from funds appropriated for the use of the various divisions of the Department of Port Control and, when permitted by law and indentures, from any existing or future revenue bond funds, grant proceeds and PFC authorizations.
(Ord. No. 1005-08. Passed 7-2-08, eff. 7-2-08)

139.18     Loaned United States Government Property

The Director of Port Control is authorized to enter into agreements with the United States of America to accept and maintain various property on loan from the United States of America and located at Cleveland Hopkins International and Burke Lakefront airports, subject to terms and conditions that are acceptable to the Director of Law.
(Ord. No. 696-04. Passed 6-7-04, eff. 6-11-04)

139.19     Electronic Fingerprint-Based Background Checks for Employees, Prospective Employees and Tenants Located at Cleveland Hopkins International Airport

(a) The Director of Port Control is authorized to enter into agreements with the United States of America, an entity identified by the United States of America as its vendor, or when allowable under federal regulations, an entity selected by the Director of Port Control through the City's process of receiving professional services through competitive proposals to provide and process electronic fingerprint-based background checks required under 49 CFR Part 1542.209 for employees and prospective employees at Cleveland Hopkins International Airport, and for airport tenants located at Cleveland Hopkins International Airport, subject to terms and conditions acceptable to the Director of Law. When allowable under federal regulations, the Director of Port Control is authorized to employ by contract or contracts one or more consultants or one or more firms of consultants for the purpose of supplementing the regularly employed staff of the several departments of the City of Cleveland in order to provide professional services necessary to provide electronic fingerprint-based background checks. The selection of the consultants for the services shall be made by the Board of Control on the nomination of the Director of Port Control from a list of qualified consultants available for employment as may be determined after a full and complete canvass by the Director of Port Control for the purpose of compiling a list. The compensation to be paid for the services shall be fixed by the Board of Control. The contract or contracts authorized shall be prepared by the Director of Law, approved by the Director of Port Control, and certified by the Director of Finance.

(b) The Director of Port Control is authorized to pay the costs of the electronic fingerprint-based background checks from Fund No. 60 SF 001.

(c) The Director is further authorized to accept fees from airport tenants located at Cleveland Hopkins International Airport, to reimburse the City for the cost of fingerprinting and processing fingerprint-based background checks of the included tenant employees, and their prospective employees. The fees collected from the airport tenants shall be deposited into Fund No. 60 SF 001.
(Ord. No. 100-08. Passed 3-10-08, eff. 3-12-08)

139.20     Department of Port Control Special Police Force

Pursuant to the Charter of the City of Cleveland, the Director of Port Control is authorized to utilize all special police officers commissioned for the purpose of providing protection and security at Department of Port Control facilities. The Director, in conjunction with the Director of Public Safety, shall promulgate any rules and regulations necessary to implement a Special Police Force for the Department of Port Control. The officers in the Special Police Force authorized by this section shall be employees of the City of Cleveland and subject to all Civil Service rules and regulations. The Chief of Police shall determine the scope of their authority and maintain control over the special police officers in accordance with the Charter. The minimum qualifications for these positions and the schedule of compensation for these officers shall be determined in accordance with the Charter.
(Ord. No. 169-08. Passed 6-9-08, eff. 6-16-08)

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