Sacramento County Municipal Code Ch. 11.28 Executive Airport Noise Standards

The purpose of this chapter is to reduce noise in the areas adjacent to Executive Airport in the city of Sacramento, California, which is generated by aircraft take-off and landing operations at such airport.

(SCC 439 § 1, 1980)

The following words used in this chapter shall have the meanings set forth in this section, unless the context clearly indicates otherwise:

a. "Advisory circular" means the following publications by the United States Department of Transportation, Federal Aviation Administration: (1) Advisory Circular AC No. 36-1B, Appendices I, IA and II, dated December 5, 1977; and (2) Advisory Circular AC No. 36-2A, Appendices I, IA and II, dated February 6, 1978; and future amendments to or replacements of such advisory circulars.

b. "Airport" means and refers to the Sacramento Executive Airport which is located within the boundaries of the city of Sacramento.

c. "Airport director" means and refers to the Director of Airports of the county, or persons designated by the airport director to act on behalf of the airport director.

d. "EPNdB" means and refers to effective perceived noise in decibels as defined, measured and used in Part 36, Title 14, Code of Federal Regulations.

(SCC 439 § 1, 1980)

It shall be unlawful and a misdemeanor for a person to take-off or land an aircraft at the Airport if the noise level for that model of aircraft exceeds 84.0 EPNdB, as said noise level is set forth in the Advisory Circular in the columns entitled "Meas EPNdB" or "M/Est EPNdB" as measured at take-off.

(SCC 439 § 1, 1980; SCC 0970 § 1, 1994)

In the event a model of aircraft has not been measured in EPNdB for its take-off noise level by the Federal Aviation Administration, or such aircraft is not listed in the advisory circular, and the airport director has reasonable doubt that such aircraft will comply with the noise level standard specified in Section 11.28.030, then the owner or operator of such aircraft, at the request of the airport director, shall submit to the airport director such technical information concerning noise data on the aircraft as is available from the aircraft manufacturer or other reliable sources. Such data shall be used by the airport director to determine the EPNdB noise level of such model of aircraft at take-off. If noise data has been furnished in dBA (A-weighted decibels), the airport director shall convert such dBA (A-weighted decibels) noise data to the estimated EPNdB noise level.

(SCC 439 § 1, 1980)

In the event a model of aircraft has not been measured in EPNdB for its take-off noise level by the Federal Aviation Administration, or such aircraft is not listed in the advisory circular, and the airport director has reasonable doubt that an aircraft of that model will comply with the noise level standard specified in Section 11.28.030, and technical information concerning noise data on the aircraft as provided in Section 11.28.040, is not available or sufficiently clear, then the airport director may measure, or have measured at the operator's expense, the take-off noise level of an aircraft of such model for the purpose of estimating or determining the EPNdB noise level of such aircraft at take-off. The airport director may measure the noise level in dBA (A-weighted decibels) using the same or substantially similar measuring techniques and procedures as used by the Federal Aviation Administration. In lieu of actual measurement of noise level of aircraft, the airport director may use the estimated dBA (A-weighted decibels) noise level at take-off of aircraft as set forth in the publications of the Department of Transportation, Federal Aviation Administration described as follows: (1) Advisory Circular AC No. 36-3, Appendix I, dated May 29, 1979, and (2) Advisory Circular AC No. 36-2A, Appendix III, dated February 6, 1978, and future amendments to or replacements of such advisory circulars. After determining the dBA (A-weighted decibels) noise level of such aircraft, the airport director shall convert such dBA level to the estimated EPNdB noise level.

(SCC 439 § 1, 1980)

If the Airport Director determines, based on the noise data received pursuant to Section 11.28.040 or ascertained by measurement or data obtained pursuant to Section 11.28.050 that the aircraft noise level exceeds a standard at take-off of 84.0 EPNdB, then it shall be unlawful and a misdemeanor for a person to take-off or land such an aircraft at the Airport. Notice of the Airport Director's determination pursuant to Section 11.28.040 or 11.28.050 shall be given in writing to the persons who base aircraft at the Airport of the model which the Airport Director determines exceeds a noise level at take-off of 84.0 EPNdB. Such determinations by the Airport Director shall also be posted in five prominent locations at the Airport.

(SCC 439 § 1, 1980; SCC 0970, § 2, 1994)

Any person dissatisfied with the airport director's decision on the determination of the EPNdB noise level pursuant to Sections 11.28.040 or 11.28.050, may appeal such determination to the city council, of the city of Sacramento, within twenty days after such decision. The notice of appeal and the basis thereof shall be filed, in writing, with the City Clerk of the City of Sacramento. The city council may refer the appeal for hearing to a Hearing Officer pursuant to Sections 2.320 through 2.329 of the Sacramento city code. If the city council hears the appeal, the Sacramento City Clerk shall give at least ten days' prior written notice of the date of the hearing to the appellant, the airport director and other persons requesting notice of the hearing.

(SCC 439 § 1, 1980)

For purposes of this chapter, the determination of the take-off noise level in EPNdB for any aircraft model as provided in Sections 11.28.030, 11.28.040, or 11.28.050, shall be considered the take-off noise level for all aircraft of that model.

(SCC 439 § 1, 1980)

Notwithstanding any other provision of this chapter, the following categories of aircraft are exempt from the provisions of this chapter:

a. Aircraft operated by or for the United States of America or the state of California;

b. Law enforcement, emergency, fire or rescue aircraft operated by or for any county, city, or city and County of the state of California;

c. Aircraft used for emergency purposes during an emergency officially proclaimed by competent authority pursuant to the laws of the United States, the state of California, or the city or County of Sacramento;

d. Aircraft engaged in take-offs or landings while conducting tests under direction of the airport director in an attempt to determine the aircraft noise level pursuant to the provisions of this chapter;

e. Aircraft involved in a bona fide emergency which requires a landing for the preservation of life or property.

(SCC 439 § 1, 1980)

The city manager of the city of Sacramento or the airport director and any other person designated in writing by such city manager or the airport director, shall have the authority to enforce the provisions of this chapter by issuance of a citation pursuant to California Penal Code Section 836.5, to any person operating aircraft in violation of the provisions of this chapter, except that in the discretion of such city manager or the airport director a written warning may be issued to any person in place of a citation for a first violation of this chapter.

(SCC 439 § 1, 1980)

For the purpose of this chapter, the beneficial owner of an aircraft shall be presumed to be the pilot or operator of the aircraft with authority to control the aircraft's operations. When an aircraft is leased, the lessee shall be presumed to be the pilot or operator.

(SCC 439 § 1, 1980)

In the case of any training flight in which both an instructor pilot and a student pilot are in the aircraft which is flown in violation of any of the provisions of this chapter, the instructor pilot shall be presumed to have caused such violation.

(SCC 439 § 1, 1980)

Copies of the advisory circular and the determinations of the noise level of aircraft made by the airport director pursuant to Section 11.28.040 or 11.28.050, shall be maintained in the Sacramento County Department of Airports offices located at the airport and shall be supplied to the Federal Aviation Administration tower operations at the airport. A general summary of the airport noise standards shall be posted at five prominent locations at the airport.

(SCC 439 § 1, 1980)