San Diego Municipal Code Div. 2 Soaring or Gliding Activity

(“Soaring or Gliding Activity” added 8–9–1993 by O–17951 N.S.)

(a) Definitions.

“Full scale glider soaring” means flight by any motorless, heavier–than–air
aircraft now known or hereafter invented, used or designed for navigation of
or flight in the air in which the pilot, crew and passengers are carried
internally within the frame of such aircraft.

“Hang gliding” means flight by any motorless, heavier–than– air contrivance
now known or hereafter invented, used or designed for navigation of or flight
in the air in which the pilot, crew and passengers are carried externally to the
frame of such contrivance.

“Radio–controlled model glider operations” means flight by any unmanned
motorless, heavier–than–air contrivance, now known or hereafter invented,
used or designed for flight or navigation, which is controlled from the ground
by radio signals.

(b) Any person who on any park, beach or other property owned or maintained by
The City of San Diego conducts or participates in any soaring or gliding
activity, including full scale gliding, hang gliding, and operation of radio–
controlled model gliders, in willful or wanton disregard for the safety of
persons or property, or without first obtaining a permit from the City, or
whose permit has been revoked or suspended is guilty of a misdemeanor.

(c) No permit shall be issued unless all of the following conditions are met:

(1) The applicant shall submit and maintain a certificate of personal injury
and liability insurance in the amount of Five Hundred Thousand
Dollars ($500,000) combined single limit, naming the City as an
additional named insured, and providing that in the event of
cancellation of the policy, the City will be provided at least thirty (30)
days’ written notice.

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(2) The applicant shall present and have approved by the City Manager a
complete set of flight regulations, rules and procedures related to
safety standards and operations.

(3) The applicant shall agree to abide by all rules and regulations approved by the City Manager for the protection of persons and property during flight operations.

(4) The applicant shall agree to indemnify and save the City harmless
from any and all liability for damage to property or injury to or death
of persons resulting from applicant’s activities on the ground or in the
air.

(5) The City Manager determines that the requested location of the gliding
or soaring activity does not endanger the safety of persons or property.

(d) A permit shall be issued for a term of twelve (12) months and be renewable
during the eleventh month of the term. Each permit shall contain the
following information: name and address of holder, date of issuance,
expiration date, and location of the approved activity.

(e) Upon notification that a person holding a permit under Section 63.0201 is in
violation of Section 63.0201(c)(1) or (3), the City Manager shall order a
hearing before a hearing officer, appointed by the City Manager, to be
conducted within Thirty (30) days of such notification. The City Manager
upon ordering such hearing shall mail by certified United States mail written
notice of such hearing to the person holding the permit at the address shown
on the permit currently filed with the City Manager. Failure to respond to such
notice shall be considered a surrender of such permit.

(f) Upon denial of a permit under Section 63.0201, the person requesting such
permit shall have the right to appeal such decision before the hearing officer
within thirty (30) days of such denial.

(g) Hearings shall be conducted with recognition of constitutional rights of due
process of law.

(h) The hearing officer’s written report of findings of fact and recommendation
shall be completed and submitted to the City Manager within ten (10) days of
the hearing.

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(i) The City Manager shall either affirm or overrule the hearing officer’s decision; however, the effect of the City Manager’s decision shall be stayed until the time for filing an appeal to the Committee on the Environment has expired or while an appeal is pending.

(j) Within ten (10) days of the decision of the City Manager, the appellant may
appeal to the Committee on the Environment of the City Council by filing a
request therefor with the City Clerk.

(k) If no appeal is filed within ten (10) days, the City Manager’s decision shall be
final. Any permits which have been suspended or revoked by the City
Manager shall immediately be surrendered to the City Manager and the
person surrendering such permit shall cease all soaring or gliding activity
permitted under Section 63.0201.

(l) Subject to the permanent rules of the City Council, the decision of the Council
Committee shall be the final administrative remedy.
(Amended 3–4–1996 by O–18266 N.S.)
(Amended 10-29-2013 by O-20316 N.S.; effective 11-28-2013.)

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Article 3: Public Parks, Playgrounds, Beaches, Tidelands and Other Property