N.Y. General Municipal Law § 352: Equipment, maintenance and operation

§ 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.