Can the airport ban bicycles?

Our new hangar lease includes a specific ban on bicycles, of all
things. (And cars, and anything else in the hangars not directly
related to aviation.)

Is this legal?
--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com
"Your Aviation Destination"

"Jay Honeck" wrote in message
oups.com...
Our new hangar lease includes a specific ban on bicycles, of all
things. (And cars, and anything else in the hangars not directly
related to aviation.)

Is this legal?

If they use a nebulous term, such as "safety", it probably is.

"Jay Honeck" wrote in message
oups.com...

Our new hangar lease includes a specific ban on bicycles, of all
things. (And cars, and anything else in the hangars not directly
related to aviation.)


So you can't park your car in your hangar while you're flying your airplane?



Is this legal?


Possibly. Is it right? No.

On Aug 28, 2:43 pm, Jay Honeck wrote:
Our new hangar lease includes a specific ban on bicycles, of all
things. (And cars, and anything else in the hangars not directly
related to aviation.)

Is this legal?

IANAL, but I don't see why not. My experience is with residential
leases, so what I say may or may not apply; while there are
restrictions on what owners can write into a lease, they are pretty
specific (i.e. I can't write a restriction on smoking for a
residential lease, but i can for pets. I cannot require a "pet
deposit," but I can have a "pet rider" which increases the rent).
Waterbeds are an example of a property restriction I cam make
perfectly legally even on the first floor.

I wouldn't be surprised if it's not a CYA move on the owner's part to
restrict any other "vehicles" being "parked" there and the hangar
becoming a "garage" for insurance purposes. In a lot of states,
bicycles are covered under the motor vehicle code and are considered
"vehicles" (that's how they can apply operating under the influence
laws to bicycles). If the lease was worded to restrict other
"vehicles," it may not be clear that bicycles are included in that
definition. However, by excluding bicycles specifically, the lessor
removes that ambiguity.

JMHO TIFFIW.

"Jay Honeck" wrote in message
oups.com...
Our new hangar lease includes a specific ban on bicycles, of all
things. (And cars, and anything else in the hangars not directly
related to aviation.)

Is this legal?

It's certainly legal, but the question is, what is their intent? Do they
really resent your leaving a car or bicycle behind while you go flying, or
are they just trying to keep the their hangers from becoming clutter barns?
A lots of people turn hangers in to junk barns, with just enough space to
push the airplane in. In addition, I have seen people ( I guess ) sell their
planes, and keep the hanger for cheap storage. We had a local enforcement
action one time that insisted any hanger not actually storing an aircraft
had to be surrendered, and almost a dozen units were freed up for those on
the waiting list. Not to mention how junky airports often look on Sunday,
when everyone's door is open.

Jay Honeck wrote:
Our new hangar lease includes a specific ban on bicycles, of all
things. (And cars, and anything else in the hangars not directly
related to aviation.)

Is this legal?
--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com
"Your Aviation Destination"

Not absolutely sure if it still applies, but if it's a commercial lease,
it's legal the instant you accept the conditions and sign the lease, as
long as the conditions don't violate existing law.
It gets a bit tricky when there's federal or state dollars involved in
airport construction, but if it's private property issuing a commercial
lease, if it doesn't violate, it's legal for the conditions they put on
the lease. The way I understand it, it's your option not to accept the
stated conditions.
This was the way it was in our old operation. God only knows what the
politicians have altered since then. :-)
Dudley Henriques

--
Dudley Henriques

On Aug 28, 3:27 pm, Dudley Henriques wrote:
Jay Honeck wrote:
Our new hangar lease includes a specific ban on bicycles, of all
things. (And cars, and anything else in the hangars not directly
related to aviation.)

Is this legal?
--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com
"Your Aviation Destination"

Not absolutely sure if it still applies, but if it's a commercial lease,
it's legal the instant you accept the conditions and sign the lease, as
long as the conditions don't violate existing law.
It gets a bit tricky when there's federal or state dollars involved in
airport construction, but if it's private property issuing a commercial
lease, if it doesn't violate, it's legal for the conditions they put on
the lease. The way I understand it, it's your option not to accept the
stated conditions.

And this is also the reason why leases are separated into clauses that
can be severable if they violate any existing laws...and one of the
clauses in the lease usually states this g

Doug Semler wrote:
On Aug 28, 3:27 pm, Dudley Henriques wrote:
Jay Honeck wrote:
Our new hangar lease includes a specific ban on bicycles, of all
things. (And cars, and anything else in the hangars not directly
related to aviation.)
Is this legal?
--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com
"Your Aviation Destination"
Not absolutely sure if it still applies, but if it's a commercial lease,
it's legal the instant you accept the conditions and sign the lease, as
long as the conditions don't violate existing law.
It gets a bit tricky when there's federal or state dollars involved in
airport construction, but if it's private property issuing a commercial
lease, if it doesn't violate, it's legal for the conditions they put on
the lease. The way I understand it, it's your option not to accept the
stated conditions.

And this is also the reason why leases are separated into clauses that
can be severable if they violate any existing laws...and one of the
clauses in the lease usually states this g


One thing's for certain. We'll NEVER get beyond those wonderful friends
of ours in general aviation....those champions of GA who protect us from
that which THEY alone have designed to be what we need protection
from......our benefactors......the protectors of the weak and of the
innocent....as long as the weak and the innocent have the money to pay
for the protection.........you guessed it.......the LAWYERS involved in
general aviation!!!!
:-))


--
Dudley Henriques

I wouldn't be surprised if it's not a CYA move on the owner's part to
restrict any other "vehicles" being "parked" there and the hangar
becoming a "garage" for insurance purposes.

The "owners" are "We the People" -- it's a municipal airport hangar.

I believe the original intent of the clause(s) was to prevent the use
of hangars as non-aircraft storage units. The current commission,
however, is taking a very rigid reading of the lease, and has
announced a ban on ANYTHING not directly related to aviation --
including bicycles, of all things.

Our airport support group, "Friends of Iowa City Airport", is
absolutely abuzz with comments and crossfire, from commissioners and
tenants. It's actually kind of fun, but the ramifications are too
serious to really enjoy it.

Honestly, just when you thought you had seen everything...
--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com
"Your Aviation Destination"

Our new hangar lease includes a specific ban on bicycles, of all
things. (And cars, and anything else in the hangars not directly
related to aviation.)

So you can't park your car in your hangar while you're flying your airplane?

No, they specifically okay that practice in the lease. But bikes,
cars, motorcycles, and anything "non-aeronautical" is banned
(according to their reading of the rules) at all other times -- even
if there is ample room around the aircraft.

In my opinion, this is a gross mis-reading of the FARs, which were put
in place to make sure that airport hangars were not used as cheap
storage units for boats and other non-aircraft.
--
Jay Honeck
Iowa City, IA
Pathfinder N56993
www.AlexisParkInn.com
"Your Aviation Destination"