Sacramento Municipal Code Art. II Noise Restrictions

The purpose of this chapter is to reduce noise in the areas adjacent to executive airport in the city which is generated by aircraft take-off and landing operations at such airport. (Prior code § 4.04.100)

The following words used in this article have the meaning set forth in this section.

"Advisory circular" means the following publications by the United States Department of Transportation, Federal Aviation Administration: (1) Advisory Circular AC No. 36-1B, Appendix I, IA and II, dated 12-5-77; and (2) Advisory Circular AC No. 36-2A, Appendix I, IA and II, dated 2-6-78, and future amendments to or replacements of such advisory circulars.

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

"Airport director" means and refers to the director of airports of the county of Sacramento, California 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. (Prior code § 4.04.101)

It is unlawful and a misdemeanor for a person to take off or land an aircraft at the airport if the noise level for the 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. (Prior code § 4.04.102)

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 12.88.520 of this chapter, 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 or 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. (Prior code § 4.04.103)

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 12.88.520 of this chapter, and technical information concerning noise data on the aircraft as provided in Section 12.88.530 of this chapter is not available or adequate for the airport director to make a determination pursuant to that section, 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 replacement 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. (Prior code § 4.04.104)

If the airport director determines, based on the noise data received pursuant to Section 12.88.530 of this chapter or ascertained by measurement or data obtained pursuant to Section 12.88.510 of this chapter, that the aircraft noise level exceeds a standard at take-off of 84.0 EPNdB, then it is 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 12.88.530 or 12.88.540 of this chapter shall be given in writing to the persons who base a model of the aircraft at the airport which the airport director has determined exceeds a noise level at take-off of 84.0 EPNdB. Such determinations by the airport director shall also be post-ed in five prominent locations at the airport. (Prior code § 4.04.105)

The decisions of the airport director made pursuant to Section 12.88.530 and 12.88.540 of this chapter are final and conclusive. (Prior code § 4.04.106)

For purposes of this chapter, the determination of the take-off noise level in EPNdB for any aircraft model as provided in Section 12.88.520, 12.88.530 or 12.88.540 of this chapter shall be considered the take-off noise level for all air-craft of that model. (Prior code § 4.04.107)

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

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 or city 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 article.

E. Aircraft involved in a bona fide emergency which requires a landing for the preservation of life or property. (Prior code § 4.04.108)

The city consents to and authorizes the enforcement of this article by the county, provided, however, that nothing herein shall prevent the city from enforcing this article with city staff. The city manager or airport director and any other person designated in writing by the city manager or airport director shall have the authority to enforce the California Penal Code Section 836.5 to any person operating aircraft in violation of the provisions of this article, except that in the discretion of the city manager or airport director, a written warning may be issued to any person in place of a citation for a first violation of this article. (Prior code § 4.04.109)

For the purposes 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. (Prior code § 4.04.110)

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 article, the instructor pilot shall be presumed to have caused such violation. (Prior code § 4.04.111)

Copies of the advisory circular and the determinations on noise level of aircraft made by the airport director pursuant to Section 12.88.530 or 12.88.540 of this chapter shall be maintained in the Sacramento County department of airport offices located at the airport and shall be supplied to the Federal Aviation Administration tower operators at the airport. A general summary of the airport noise standards shall be posted at five prominent locations at the airport. (Prior code § 4.04.112)