§ 352 — Equipment, maintenance and operation

§ 352. Equipment, maintenance and operation. The local legislative\nbody of a city, or board of supervisors of a county, or board of\ntrustees of a village, or town board of a town, which has established an\nairport or landing field and has acquired, leased or set apart real\nproperty for such purpose, or has entered into an agreement to operate\nan airport as a public airport or hereafter does so establish, acquire,\nlease, or enter into such agreement, or where two or more municipalities\nshall have established or hereafter do establish a joint airport or\nlanding field pursuant to section three hundred fifty-three-a of this\narticle the local legislative bodies thereof in joint session, may:\n 1. Construct, develop, improve, equip, maintain and operate the same.\n 2. Adopt regulations and establish fees or charges for the use\nthereof, and fix civil penalties for the violation of such regulations\nand provide for their enforcement.\n 3. Provide and charge for all services, concessions or other usual or\nincidental facilities rendered, conducted or maintained thereat.\n 4. Purchase and sell aviation petroleum products, aircraft assessories\nand parts, and provide and charge for the servicing and repairing of\naircraft, and for all other services reasonably necessary or incidental\nto the operation of such airport or landing field.\n 5. Lease, or sub-lease the real property or lease, contract or\notherwise agree, on an exclusive or non-exclusive basis, for the entire\noperation of such airport or landing field, or of any part thereof, or\nfor the rendering of various services, or the conduct of business\nactivities, on or at said airport or landing field subject to the\nprovisions of section three hundred fifty-two-a of this chapter;\nprovided, however, that no such lease or contract shall be made until\nthe governing body of the municipality shall have held a public hearing\nin respect thereto on at least ten days notice published in two\nnewspapers having general circulation in the municipality, and provided\nfurther that any lease of an entire or portion of an airport or landing\nfield, together with the facilities thereon, or contract for the\noperation of an airport or landing field or portion thereof shall be for\na term not exceeding forty years and shall expressly provide that the\nsaid airport or landing field shall be used only for aviation purposes\nand for other purposes required for or necessary to the efficient and\nsuccessful operation of an airport or landing field, upon such terms as\nshall require the operation of the same as a public airport or landing\nfield for the general use of the public and for the benefit of such\ncity, county, village or town. Notwithstanding the provisions of any\ngeneral or local law to the contrary, any municipality which was a party\nto an agreement in effect on or prior to January first, nineteen hundred\nsixty for the operation of an airport or landing field may, enter into\nan amended and supplemental agreement for a period not exceeding fifteen\nyears beyond the expiration date of the existing agreement with such\nadditional modifications in the terms of the agreement consistent with\nthe provisions of this chapter, as may be approved by the governing body\nof the municipality after a public hearing in respect thereto on at\nleast ten days notice given in the manner provided in this subdivision.\n 5-a. Notwithstanding the provisions of paragraph five of this section\nor any other provision of law to the contrary, any town in Suffolk\ncounty may lease, for a term not exceeding forty years, real property\nacquired for an airport or landing field, and not necessary for the\nefficient and proper operation of the airport or landing field, for such\nother purposes as the governing board may determine, provided such other\npurposes do not interfere with the proper and efficient operation of the\nremainder of the airport or landing field. Any such lease shall be\nsubject to requirement of a public hearing as set forth in paragraph\nfive of this section.\n 5-b. Notwithstanding the provisions of subdivision five of this\nsection or any other provision of law to the contrary, the county of\nOneida may lease, for a term not exceeding forty years, real property\nacquired for an airport or landing field, and not necessary for the\nefficient and proper operation of the airport or landing field, for such\nother purposes as the governing board may determine, provided such other\npurposes do not interfere with the proper and efficient operation of the\nremainder of the airport or landing field. Any such lease shall be\nsubject to requirement of a public hearing as set forth in subdivision\nfive of this section.\n 6. Vest jurisdiction in any officer, board or body of such city,\ncounty, village or town to perform any or all of the foregoing powers,\nand establish or create a suitable office, board or body for that\npurpose; in vesting jurisdiction in such office, board or body, the\nlocal legislative body may reserve to itself such specific powers as it\nmay deem proper, and may make the exercise of any such powers subject to\nits approval. Where a joint airport shall have been established or is\nhereafter established by two or more municipalities pursuant to section\nthree hundred fifty-three-a of this article such jurisdiction shall be\nvested in a joint board or body as the local legislative bodies of the\nparticipating municipalities in joint session shall provide.\n The expenses incurred in connection herewith shall be a city, county,\nvillage or town charge as the case may be.\n