Notice of Violation Program

Operating Directive 20-001

Landside Notice of Violation Program

Introduction

This Operating Directive is designed to ensure compliance with the San Bernardino International Airport Authority (SBIAA) Rules and Regulations. This Operating Directive includes: 1. SBIAA Rules and Regulations as they relate to the operation of vehicles on SBIAA / IVDA properties, other than within the Air Operations Area (AOA). These regulations, and enforcement thereof, are applicable to all individuals having been issued an airport access badge.

Purpose

Compliance with this Operating Directive is mandatory for anyone issued an airport access badge. This includes all SBIAA / IVDA employees, tenants and their employees, agents, representatives, contractors, and/or sub-lessees. In addition, to facilitate compliance, this Operating Directive provides a progressive enforcement mechanism and penalty structure to ensure a safe, respectful and efficient airport environment. A written “Notice of Violation” (NOV) will be issued for instances of violation or non-compliance with the rules and regulations contained within this handbook.

By accepting an SBIAA / IVDA issued airport access badge, the holder agrees to abide by these rules and regulations, and understands that violation may result in the immediate suspension or revocation of their SBIAA / IVDA issued airport access badge, as well as possible banning from the airport and its associated properties.

Enforcement Procedures

Consistent with SBIAA Rules and Regulations a Landside NOV will be issued on behalf of the Chief Executive Officer, by Airport Security, to any person(s) found violating these regulations. Safety violations, or progressive violations may result in permanent revocation of the violators airport issued access badge.

I. General

Compliance actions will be based on one or more of the following factors:

- Severity of the violation.
- The effect (either actual or potential) on public safety and/or the environment (i.e. did the violation result in extensive damage to airport property, cause an operational impact to airport business, result in the arrest or prosecution of the violator, etc.).
- If the violation did, or could have resulted in personal injury, loss of human life, and/or damage to Airport property or facilities.
- The violator’s knowledge, either negligent or intentional, of the regulation violated.
- Any history of violations, including individuals and/or tenants, previous enforcement actions involving the site, Airport tenant, business or individual.
- The effectiveness of the enforcement action as a deterrent to similar violations.

II. Compliance Actions

In accordance with SBIAA Rules and Regulations, Airport Security Officers will take enforcement actions on behalf of the Chief Executive Officer by issuing notices of violation on SBIAA / IVDA owned property.

III. Types of Enforcement

Any Airport user, tenant, their employees, agents, representatives, contractors, and/or sub-lessees in violation will receive a written NOV for non-compliance with these SBIAA Rules and Regulations.

Appeal Process

Appeals from the receipt of an NOV may be filed in writing to the Airport Security Manager or designee. The Airport Security Manager will then review the information submitted and make a decision as to whether a violation actually occurred and whether any sanctions imposed as a result of this violation are appropriate.
Should the recipient of the NOV request an appeal of the Airport Security Manager’s decision, the Chief Executive Officer, or his designee, would then make a last and final determination. Barring any appeals and decisions made within the appeals process, all NOV’s are final decisions.

Penalties and Actions

Penalties that are imposed as a result of safety and security violations will be categorized in levels. Levels will escalate from Level I through Level III. However, because of the nature of the offense, some violations will immediately result in permanent revocation of the violator’s airport access badge. The list of violations provided is not meant to be all encompassing. Any offense not covered below will be evaluated on a case by case basis at the sole discretion of the SBIAA / IVDA.

If a violation has created an imminent danger, or rose to the level of a serious or willful offense, Airport Security Officers are authorized to issue a notice of violation, confiscate the violator’s airport access badge AND order the violator to leave the airport property. In the event that the violator does not comply with the officer’s order to leave, the violator will be subject to arrest per California Penal Code 602.

For the purposes herein, the terms Imminent Danger and Willful Offense are defined as follows:

“Imminent Danger” means the existence of any offense, act or practice in a manner that could reasonably be expected to immediately cause death or physical harm to any person(s), the environment, or airport operations.
“Willful Offense” means an individual has failed to follow SBIAA Rules and Regulations, or the individual repeats a violation for which they have already received a NOV.

Notice of Violation Records are kept of file as follows

Level I (non-hazardous violations) = Records kept for 24 consecutive calendar months.
Level II (potentially hazardous or administrative violations) = Records kept for balance of current year, plus 4-years.
Level III (violations resulting in injury, loss of life, destruction of airport property, etc.) = Records kept permanently.

Violation Levels

Levels	1st Violation	2nd Violation In One Year	3rd Violation in Two Years	4th Violation in Three Years
Level 1	Verbal Warning	Access badge suspended for 24 hours	Access badge suspension for 5 days	Permanent access badge revocation and removal from property
Level II	Access badge suspension for 24 hours	Access badge suspension for 5 days	Permanent revocation and removal from property	N/A
Level III	Permanent access badge revocation and removal from property	N/A	N/A	N/A

Type of Violation

1. Moving Violations on Airport Property

2. Security Violations on Airport Property

3. Safety and Health Violations

4. Non-moving Violations on Airport Property

Description	Level 1	Level 2	Level 3
Speeding on roadways or in parking lots within airport property		•
Driving on Non-AOA Airport Property without a valid driver’s license		•
Parking vehicles and/or equipment within 15-ft. of fire hydrant or other fire control apparatus	•
Vehicle registration violation (Not displaying proper decals or permits)	•
Failure to observe stop sign		•
Erratic or reckless driving			•

Description	Level 2	Level 3	Immediate Revocation
Vandalizing, removing, tampering with, or intentionally damaging any airport property			•
Allowing unauthorized access into Airport Parking Lots	•
Piggybacking, tailgating, or other inappropriate method to gain entrance into Airport Parking Lots	•
Unauthorized use of Airport badge to gain access into or out of a parking lot.	•
Lending an Airport access badge to another person or using another’s badge	•
Failure to cooperate with Airport Security/Police.		•
Circumventing security equipment or facilities, or deliberately compromising Airport security		•

Description	Level 1	Level 3	Immediate Revocation
Littering on airport property	•
Urinating / defecating on airport property	•
Possession or use of narcotics, illegal drugs as listed under Federal Law, or marijuana on airport property		•
Unauthorized consumption of alcohol on airport property		•
Feeding wildlife or encouraging the feeding of wildlife.	•
Unauthorized congregating on airport property	•
Threatening another person, fighting / challenging to fight.			•
Illegal possession of a weapon on airport property			•

Description	Level 1	Level 2
Vehicle parked in No Parking Zone	•
Parking in Fire Lane	•
Unauthorized parking or storing derelict vehicles on airport property	•
Parking over lines (using more than one stall)	•
Failure to report an accident or damage that was the result of a collision		•