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HomeMy WebLinkAbout05/03/1988, 2 - OPERATION OF AIRCRAFT WITHIN CITY LIMITS IIIN^I�IIIIIIIIIIII���1IU �J r MEETING GATE: II il ci o sar ais og�spo 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