5.1-157 - Authority rules and regulations; penalty.
§ 5.1-157. Authority rules and regulations; penalty.
A. The Authority shall have the power to adopt, amend, and repeal rules andregulations pertaining to use, maintenance and operation of its facilitiesand governing the conduct of persons and organizations using its facilities.
B. Unless the Authority shall by unanimous vote of all members presentdetermine that an emergency exists, the Authority shall, prior to theadoption of any rule or regulation or alteration, amendment or modificationthereof:
1. Make such rule, regulation, alteration, amendment, or modification inconvenient form available for public inspection in the office of theAuthority for at least ten days;
2. Publish a notice in a newspaper or newspapers of general circulation inthe District of Columbia and in the local political subdivisions of theCommonwealth where the Authority Facilities are located declaring theAuthority's intention to consider adopting such rule, regulation, alteration,amendment, or modification and informing the public that the Authority willhold a public hearing at which any person may appear and be heard for oragainst the adoption of such rule or regulation or such alteration,amendment, or modification, on a day and at a time to be specified in thenotice, after the expiration of at least ten days from the day of thepublication thereof; and
3. Hold the public hearing on the day and at the time specified in suchnotice or any adjournment thereof, and hear persons appearing for or againstsuch rule, regulation, alteration, amendment or modification.
C. The Authority's rules and regulations shall be available for publicinspection in the Authority's principal office.
D. The Authority's rules and regulations relating to:
(i) Air operations and motor vehicle traffic, including but not limited to,motor vehicle speed limits and the location of and payment for public parking;
(ii) Access to and use of Authority Facilities, including but not limited to,solicitation, handbilling, picketing and the conduct of commercialactivities; and
(iii) Aircraft operation and maintenance; shall have the force and effect oflaw, as shall any other rule or regulation of the Authority which shallcontain a determination by the Authority that it is necessary to accord thesame force and effect of law in the public interest; provided, however, thatwith respect to motor vehicle traffic rules and regulations, the Authorityshall obtain the approval of the traffic engineer or comparable official ofthe local political subdivision in which such rules or regulations are to beenforced.
E. The violation of any rule or regulation of the Authority establishing anoise limitation on aircraft that operate at the Authority Facilities shallsubject the violator, in the discretion of the circuit court of any politicalsubdivision where the facility is located, to a civil penalty not to exceed$5,000 for each violation. Such penalty shall be paid to the Authority. Withthe consent of the violator or the accused violator of a rule establishingaircraft noise limits, the Authority may provide, in an order issued againstthe violator or accused violator, for the payment of civil charges inspecific sums not to exceed the limit that could be imposed by the court.Such civil charge when paid shall be in lieu of any civil penalty which couldbe imposed by the court. Any court proceeding shall be within the exclusivejurisdiction of the circuit court and shall be a civil proceeding at lawbrought by the Authority.
F. The violation of any Authority rule or regulation, having the force andeffect of law, shall be a Class 1 misdemeanor unless otherwise specified bythis chapter or unless a lesser penalty is set by the Authority in the ruleor regulation. The rules of criminal procedure and evidence that applythroughout the Commonwealth shall apply to the adjudication of any caseinvolving the violation of any Authority rule or regulation having the forceand effect of law.
G. The courts of this Commonwealth shall take judicial notice of theAuthority's regularly adopted rules and regulations. For the convenience ofthe courts which may regularly hear cases arising under the Authority's rulesand regulations, the Authority may certify to the clerk of such court a copyof its rules and regulations. Any such certification, when signed by thechairman of the Metropolitan Washington Airports Authority, shall be acceptedas evidence of the facts therein stated.
H. With respect to the violation of any statute of the Commonwealth, localordinance or Authority rule or regulation having the force and effect of lawoccurring at the Authority Facilities:
1. The matter shall be within the jurisdiction of the state courts of thepolitical subdivision where the violation occurred; violations occurring atRonald Reagan Washington National Airport shall be within the jurisdiction ofthe courts for Arlington County;
2. The attorney for the Commonwealth shall have authority to prosecute thoseoffenses in the name of the Commonwealth or local government as appropriate;and the county or city attorney, if otherwise authorized to prosecuteoffenses in the name of the county or city, shall have authority to prosecutethose offenses in the name of the county or city; and
3. Sheriffs and clerks of the court shall provide those same services andexercise those same powers with respect to the Authority Facilities withintheir jurisdiction as for their political subdivisions.
(2001, c. 342.)