HomeMy WebLinkAbout05/03/1988, 2 - OPERATION OF AIRCRAFT WITHIN CITY LIMITS IIIN^I�IIIIIIIIIIII���1IU �J r MEETING GATE:
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COUNCIL AGENDA REPORT ITEM NUMBER:
FROM:
Roger Pic uet, Cit Attorne Jim Gardiner Chief of Police
iUBJECT:
Operation of Aircraft Within City Limits
CAO RECOMMENDATION:
Introduce to Print proposed ordinance regulating aircraft operations
within the City.
BACKGROUND:
Currently the City has no regulations regarding operation of aircraft
within the city limits. On occasion, hot-air balloons and/or
helicopters have landed and taken off at various sites and in
connection with various events or activities. It is felt that
aircraft operations are inherently inconsistent with urban uses and
lifestyles and that it is only a matter of time before an unfortunate
incident occurs. Accordingly, the attached ordinance is proposed to
regulate the operation of aircraft so as to generally prohibit
take-offs and landings except where permission has been obtained in
advance at already approved heliports (e.g. , hospitals) or for bona
fide emergencies. The regulations will ensure that adequate advance
planning and analysis is conducted prior to any aircraft operations
and that an appropriate judgment is made.
ORDINANCE NO. (1988 SERIES)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING CHAPTER 8.26 TO THE SAN LUIS OBISPO MUNICIPAL CODE
RELATING TO OPERATION OF AIRCRAFT WITHIN CITY LIMITS
BE IT ORDAINED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. Chapter 8.26 is hereby added to the San Luis Obispo
Municipal Code to read as follows:
Chapter 8.26
OPERATION OF AIRCRAFT
8.26.010 Takeoff or landing of aircraft at other than established
airports within city limits prohibited.
No person shall take off or land any aircraft within the city limits
except upon a regularly established airport field or landing place unless
that person has special permission of the Chief of Police or the City
Administrative Officer to land elsewhere or that person is on an emergency
or rescue mission. The terms "emergency" and "rescue mission," as used in
this section, shall mean situations in which human life is threatened.
The term "regularly established airport field or landing place" shall mean
only those sites for landing or takeoff of aircraft which are so
designated pursuant to federal, state or local law. The term "aircraft"
includes any airplane, helicopter, ultralight vehicle, glider, balloon,
parachute or other contrivance now known or hereinafter invented, used or
designed for navigation of or flight in the air. The term to "land"
includes loading or unloading person(s) and/or cargo between an airborne
aircraft and the ground or a structure or other object located on the
ground, and also includes the touching of any part of an aircraft upon the
ground or upon a structure or other object located on the ground.
This section shall not prohibit the takeoff or landing of a helicopter
at a construction site for the purpose of handling building materials or
equipment during construction activities, provided that written permission
for such takeoff or landing is first obtained from the City Administrative
Officer. Each applicant for such permission shall provide the City
Administrative Officer with a written statement specifying what kind of
operation is planned, including the location and the type of work to be
performed in determining whether to grant permission for the operation,
the City Administrative Officer shall consider weather conditions, the
existence of obstructions in approach and departure paths, the proximity
of the construction site to schools and other centers of activity, and any
other factors necessary to determine that the operation can be conducted
safely. If written permission for the operation is granted, the applicant
shall provide the City Administrative Officer with twenty-four (24) hours,
notification prior to commencing the operations.
SECTION 2. This Ordinance, together with the ayes and noes, shall be
published once in full, at least three (3) days prior to its final passage
in the Telegram-Tribune, a newspaper published and circulated in said
City, and the same shall go into effect at the expiration of thirty (30)
days after its said final passage.
INTRODUCED AND PASSED TO PRINT by the Council of the City of San Luis
Obispo at a meeting held on the day of 1988, on motion
of seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Adtinistrative Officer
City A rney
� -3
T MEETING -� aGEWa
DATE MAY b ea ITEM ,/L
RECEIVE ®
MAY 2 1988 2 May, 1988 i7�c Q uE j
CITY CLERK
SANLUISOBISPO.CA _ I. (�49Q/A;M
San Luis Obispo City Council
"Lc0L/<
900 Palm
San Luis Obispo, CA. 93401
Ref: Proposed Aircraft Ordinance
Dear Council Members;
You are considering a proposed ordinance to regulate the
operation of aircraft within the city limits. I ask you to
refect the proposed ordinance for several reasons.
The proposed ordinance is unneccesary as there are already
adequate regulations available. to control aircraft
operations in the city and to protect the residents therein.
Federal Air Regulations Sections 91 .7 "and 91.79 both
prohibit any operations anywhere that would endanger the
life or property of another or cause undue hazzard to
persona or property on the surface. Violations are
punishable by fine, inprisonment, and loss of license.
Additionally the California Penal Code Section 602.5
relating to trespass has been effectively used to punish
indiscriminate aircraft operators. Lastly with the
incorporation of the F.A.A. Tower at San Luis Obispo Airport
all of the airspace within a radius of five statute miles is
.controlled. by .the. tower. This includes all of the City of
San Luis Obispo.
To my knowledge there has never been an incident causing
demage..or injury to any personaor property resulting from
..•apy. type of aircraft .takeoff or landing within. the City.
do not agree with the passing of any ordinance or
regulation dust for the sake of passing regulations. In the
cmae,1L
.of this porposed ordinance,, there does not appear to be
a;,,eypecific need . for the ordinance and there are. already
.. ;adequate regulations to protect citizens from any unsafe
aircraft operations. I urge you to reject this proposed
ordinance and any similar ordinances presented for your
consideration unless there' ia a demonstrated real need for
such legislation.
For your information I am an Airline Transport- Pilot and I
am a helicopter pilot. In the thirteen years I have lived
In this area I have landed in the City of San Luis Obispo
once. This one instance was April 5, 1987, at the request
of the City Police in the attempt to find and apprehend an
armed felon believed hiding in the creek bed south of the
downtown area.
Again I urge your refection of this uneeded legislation.
Thank you for your time and your consideration.
Sincerely,
/Arroyo
F.W
CorberDrive
Grande, CA.
93420