Chapter 5.28 — FLYING FIELDS, HELIPORTS AND HELISTOPS

For the purposes of this chapter, a "flying field" shall be construed to include any field, pad, rooftop, or other place from or to which airplanes or other aircraft, including helicopters or other steep-gradient aircraft, are flown, or where aviation activities are carried on for the purpose of demonstrating aircraft for schools or instruction, for the carrying of goods, merchandise or passengers, or for other public or private purposes. The term "flying field" shall include heliports and helistops, as defined in the Oakland Building Code, both public and private, whether located on a rooftop or at ground level.

(Prior code § 5-15.09)

It is unlawful for any person to establish, conduct or maintain a flying field within the city without first paying the license fees by this chapter required, and obtaining a permit therefor, which shall be applied for and granted and shall exist in compliance with the provisions of Chapter 5.02.

(Prior code § 5-15.10)

In addition to the requirements specified in Section 5.02.020, the application for such permit shall be signed by the owner of the property, or by his or her agent duly authorized in writing, and shall set forth the following:

A.

Location, size and character of the proposed field or pad;

B.

Proposed plans and specifications for the proposed field or pad;

C.

Map showing the intended routes of ingress thereto, and egress therefrom, including emergency landing areas;

D.

Qualifications of applicant to operate the proposed field or pad;

E.

Ability to meet federal and state requirements for approval of proposed field or pad.

(Prior code § 5-15.11)

Public notice of the hearing upon the application shall be given as provided in Section 5.02.050. The application shall be referred to the Executive Director of the Board of Port Commissioners and to all other interested officers or departments of the city.

(Prior code § 5-15.111)

In the granting of an application the following conditions shall be deemed incorporated therein, in addition to any others which may be imposed as necessary and reasonable to protect life and property. A violation of any condition shall be grounds for revocation or suspension of the permit:

A.

That all applicable laws, and all applicable regulations, rules and orders having the effect of law, shall be complied with including, but not limited to, agencies of the federal government and of the state of California charged with the licensing, establishment, operation and maintenance of airports, heliports and helistops, their operators, and pilots of aircraft using same.

B.

That the permittee shall not authorize, allow or permit the use of his or her facilities by persons, firms, or corporations violating any provision of said aforementioned laws, rules, regulations or orders;

C.

That the surface of any such facility shall be such that no dust, dirt, or other objectionable matter will be blown on adjoining property by the users thereof;

D.

That, with respect to a rooftop heliport or helistop, no fueling, refueling, storage of aircraft parts or flammable liquids, or repairing, except emergency repairs, shall be permitted;

E.

That smoking shall be prohibited in and on the facilities, except in such areas as may be approved for such use by the Fire Marshal;

F.

That the permittee of any private heliport or helistop shall procure and maintain insurance covering all liability to anyone who might be killed or injured or whose property might be damaged, by reason of the negligence or nonfeasance of said permittee, his or her agents, officers or employees, in the operation of said heliport or helistop. Said insurance shall be in such limits as the City Manager shall specify. The city shall be named as an additional insured on all policies. A duplicate policy or a certificate thereof shall be filed with the City Clerk. Said insurance shall inure to the benefit of anyone killed, injured or whose property has been damaged, by the negligent operation of said facility. The policy may not be cancelled nor the amount of the coverage thereof be reduced until ten days after receipt of the City Manager of the city of a written notice of such cancellation or reduction in coverage, as evidenced by receipt of a registered letter.

(Prior code § 5-15.112)

In addition to the grounds for revocation or suspension of a permit issued hereunder, it is expressly provided that such permit may be revoked, suspended or surcharged with additional conditions, if after investigation, notice and hearing, it is determined that the physical profile of the surrounding area renders the continued operation of the facility unsafe.

(Prior code § 5-15.113)

Nothing in this chapter provided, nor the requirement that a license fee be paid as in Section 5.04.570 provided, shall be construed to apply to officers and members of the United State Army and Navy or the Marine Corps, or officials of the United States while actively engaged in the operation of aircraft in the service of the government, nor be construed to apply to, or interfere with, the conduct or management of the Oakland Municipal Airport or the flying, operation or supervision of aircraft in connection therewith. So far as applicable, the provisions of this chapter shall be deemed to be in addition to any rules and regulations provided for the use of such airport by the Board of Port Commissioners of the city. Where a flying field is proposed to be located in the port area of the city, application therefor must be made exclusively to the said Board of Port Commissioners and its approval secured.

(Prior code § 5-15.12)