Morro Bay Municipal Code Ch. 8.30 Operation of Aircraft

A. The purpose of this chapter is to regulate the landing of aircraft within the limits of the city.

B. The city council finds that the landing of aircraft, as defined in Section 8.30.020 of this chapter:

1. Creates excessive noise and vibration which degrades the environment of the city to a degree which is harmful and detrimental to the health, welfare and safety of its inhabitants;

2. Creates problems of public safety in that:

a. The city environment is not designed for the landing of aircraft and contains many hazards which are incompatible with aircraft,

b. Citizens conducting business or recreating within a city environment are not expecting the presence of aircraft except in designated areas;

3. Is incompatible with the status of Morro Bay as a bird sanctuary, in that:

a. The presence of birds and aircraft in close proximity is dangerous to both,

b. The presence of low-flying aircraft will reduce the attractiveness of the sky over the city to the desired bird population;

4. Effective regulation of aircraft is essential to the furtherance of the health and welfare of the city's inhabitants, and to their conduct of the normal pursuits of life, recreation, commerce and industrial activity.

(Ord. 355 § 1 (part), 1989)

For purposes of this chapter, certain terms are herein defined:

A. "Aircraft" means and includes every type of airplane, helicopter, ultralight, glider, balloon, parachute, dirigible, or other contrivance now known or hereinafter invented, used or designed for navigation of or flight in the air, or used as a means of transporting persons or goods or both in the air.

B. "Landing" means and includes: the loading or unloading of person(s) and/or cargo between an airborne aircraft and the ground or a structure or other object located on the ground or on the water; or, the touching of any part of an aircraft upon the ground or on the water, or upon a structure or other object located on the ground or on the water.

(Ord. 355 § 1 (part), 1989)

Except in case of emergency or military operations, no person without a permit shall land any aircraft within the corporate limits of the city except upon a regularly established and permitted airport field, heliport, or helistop.

(Ord. 355 § 1 (part), 1989)

Due to the nature of certain aircraft operations, exemptions by special use permit for a limited duration may be granted based on specified operational needs and requirements although aircraft owners and operators shall comply with Federal Aviation Administration (FAA) safety precautions and restrictions at all times.

A. Applications for a special use permit pursuant to the provisions of this chapter shall be completed and submitted to the city administrator or his designee on a form provided for such purpose. A nonrefundable filing fee for the permit is established in the Master Fee Schedule in an amount set by resolution of the city council, and such fee shall be paid at the time of filing of the permit application. The permit application shall contain a clause signed by the permittee(s) indemnifying and insuring the city against any and all claims, injuries, damages, and other liabilities arising from all operations conducted under the requested permit.

B. Permit applications shall be filed no later than five business days prior to the time and date of the intended aircraft operation. Each applicant shall provide a written statement detailing the extent and duration of operation or landing planned, including the type of work to be performed and the location with written permission of the property owner thereof.

C. In determining whether to issue a special use permit, the city administrator or his designee shall consider weather conditions, the presence of obstructions in approach, departure and touchdown zones, the proximity of the landing site to schools, nesting or environmentally sensitive habitats, and other centers of activity, the size of the landing site, and any other necessary factors. The city administrator or his designee may impose conditions and charges for public services on the issuance of the special use permit as deemed necessary to ensure the public health, safety and welfare.

(Ord. 355 § 1 (part), 1989)

When immediate action by a person, government agency, or the military performing a public service is required to protect life and property from imminent danger, or to restore, repair, or maintain public works, utilities or services destroyed, damaged, or interrupted by natural disaster, serious accident, or in other cases of emergency, the requirements of obtaining any permit under this chapter may be waived upon notification to the city administrator of the type and location of the work within three days after the disaster or discovery of the danger, whichever occurs first.

(Ord. 355 § 1 (part), 1989)

Any person who violates any provision of this chapter is deemed guilty of a misdemeanor/infraction and, upon conviction thereof, is subject to punishment as provided in Title 1 of this code. The imposition of one penalty shall not excuse the violation(s) or permit such violation(s) to continue. When not otherwise specified, the existence of such operation for each and every day after citation shall be deemed a separate and distinct offense.

(Ord. 355 § 1 (part), 1989)