Salinas Municipal Code Art. VII Airport

Footnotes:

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Editor's note— Ord. No. 2593 (NCS), § 1, adopted May 2, 2017, amended Ch. 4, Art. VII, §§ 4-07.01—4-07.46, in effect repealing and reenacting said article as set out herein. Former Art. VII pertained to similar subject matter. See Code Comparative Table for historical derivations.

Cross reference— As to the airport fund see § 12-1.

State Law reference— For state law authorizing cities to acquire and use property for airports, see Gov. C., §§ 50470 to 50478.

(a) All powers of the city over any and all airports now owned, leased, or possessed, or which may hereafter be owned, leased, or possessed by the city shall be exercised by the city council in the manner prescribed by the provisions of this chapter.

(b) The city council shall have and may exercise or delegate to the airport commission or the airport manager any and all further and additional powers which in its opinion may be necessary in or about the business of maintaining, controlling, and operating an airport or airports.

(c) Subject to the direction of the city council, the airport manager shall regulate all airport operations on all airports of the city and shall enforce the provisions of this chapter and all airport rules and regulations hereafter approved by the airport commission.

(d) Rates and Fees to be Set. The city council shall have the responsibility to establish and fix all rates, landing fees, rentals, tolls and charges, for the use and the occupation of the public facilities, runways, hangars, appurtenances, and appliances of the airport, and for services rendered by the employees of the city at the airport, and provide for the collection thereof.

(e) Delegation of Authority—Permits, Licenses, Leases, and Concessions. The airport manager shall have the authority to enter into a lease, permit, license, or concession of any portion of the airport, or of any of the appurtenances or facilities thereof, provided the term of such lease, permit, license, or concession does not exceed a period of six months, otherwise such lease, permit, license, or concession shall require the approval of the city council. Every lease, permit, license, or concession shall be in writing and shall be signed by the person or persons to be bound thereby.

(Ord. No. 2593(NCS), § 1)

Upon the recommendation of the airport manager, the airport commission shall consider and adopt rules and regulations governing, regulating, and controlling the use and occupancy of all airports now owned or hereafter acquired by the city.

(Ord. No. 2593(NCS), § 1)

Except as may otherwise be provided by the rules and regulations adopted by the airport commission, it shall be unlawful for any person to use or occupy any portion of the airport without the prior written permission of the airport manager.

(Ord. No. 2593(NCS), § 1)

(a) The city council hereby finds and determines that in order to protect the health, safety, general welfare, and property of the city's residents, and the health, safety, general welfare, and property of those persons using the Salinas Municipal Airport, it is necessary that certain height restrictions and other property use regulations be imposed upon property in the vicinity of the airport; that the creation or establishment of an airport hazard is a public nuisance and an injury to the region served by the Salinas Municipal Airport; and that the prevention of these hazards should be accomplished to the extent legally possible.

(b) Airport height restrictions and other property use regulations shall be recommended by the airport manager and approved by the airport commission. With respect to any property use regulations, the same may also be considered by the Salinas Planning Commission.

(Ord. No. 2593(NCS), § 1)

(a) Special Air Operations. Every person desiring a permit for special air operations shall file an application with the airport manager upon a form provided by the airport manager. The airport manager shall issue a permit if s/he determines it to be consistent with the public interest and safety and provided the applicant has submitted evidence in writing of the approval of the California Department of Aeronautics and a non-objection letter from the Federal Aviation Administration. Such permit may be issued subject to any conditions the airport manager shall deem necessary to protect the public interest and safety and may be suspended or revoked by the airport manager upon a violation of any of the conditions upon which the permit has been issued. The applicant for a permit shall pay a non-refundable application fee in the amount established by the city council.

(b) Take-offs and Landings Outside of Municipal Airport; Exceptions. It is unlawful for any reason to take off from or to land any aircraft within the limits of the city outside of the Salinas Municipal Airport, except under the following circumstances:

(1) When special circumstances render it impossible or unsafe for the aircraft to remain in the air and such landing is necessary to avoid danger to the pilot or other occupant of such aircraft;

(2) When special permission has been secured in advance from the airport manager or other person designated by the city council to grant such permission, in which event any such landing and take-off shall be confined to the area and to the conditions set forth in such permit;

(3) Helicopters landing at officially designated heliports;

(4) For air ambulance services; or

(5) For aerial applications (crop dusting).

(c) For the purposes of this section, the term "aircraft" means any contrivance now known or hereafter invented, used, or designed for manned flight in the air, except the following:

(1) Parachute or other contrivance when actually being used as a safety device under conditions of imminent danger to the user;

(2) Military aircraft; or

(3) Law enforcement aircraft.

(Ord. No. 2593(NCS), § 1)

Each violation of this chapter or of any rule or regulation promulgated pursuant to this chapter shall constitute a misdemeanor and shall be punishable by a fine of not more than one thousand dollars and/or imprisonment for not more than six months. Each day a violation continues to exist shall constitute a separate offense. Alternatively, in the discretion of the city attorney, violations of this chapter or of any rule or regulation promulgated pursuant to this chapter, may be prosecuted administratively pursuant to the Salinas City Code.

(Ord. No. 2593(NCS), § 1)

Any person aggrieved by a decision of the airport manager may appeal such decision to the airport commission by filing a notice of appeal with the airport manager and the city clerk within ten days of the decision. Any person aggrieved by a decision of the airport commission may appeal such decision to the city council by filing a notice of appeal with the city clerk within ten days of the decision. Upon the timely filing of a notice of appeal, the airport manager or the city clerk, as the case may be, shall advise the airport commission and the city council, respectively, that an appeal has been filed and the airport commission and the city council shall, within sixty days of filing of the appeal, proceed to hear and to determine the matter. The appellant shall be notified in writing of the time and place of the hearing not later than ten days prior thereto. The airport commission or the city council may affirm, modify, or reverse the decision of the airport manager or the airport commission as it deems proper. All decisions of the city council shall be final.

(Ord. No. 2593(NCS), § 1)