Chapter 25.12

AIRCRAFT OPERATION AND AIR TRAFFIC RULES

Parts:

• 1 General Provisions

• 3 Rules

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§ 25.12.010

• 5 Use of Airport Facilities by Aircraft Owners and Operators

• 7 Storage of Aircraft

• 9 Obligations in Connection with Use of Airport

• 11 Fueling

Part 1

GENERAL PROVISIONS

Sections:

• 25.12.020 Federal and state air traffic rules - Adopted by reference.

• 25.12.030 Federal and state air traffic - Rules - Adherence.

Strict adherence to the rules and regulations is required. Variance from these rules and regulations is authorized only when directed by the control tower.

• (Ord. 25529.)

The traffic and flight rules of the city, set forth in Part 3 of this chapter, shall apply to the operation of all aircraft at the airport.

(Ord. 25529.)

Part 3

RULES

Sections:

• 25.12.310 Takeoffs.

• 25.12.320 Turns.

• 25.12.330 Passing.

• 25.12.340 Traffic pattern - On runways and takeoff.

• 25.12.350 Traffic altitude.

No person shall navigate any aircraft, fly same from service, maintain, repair any aircraft, or land upon or conduct any aircraft operation on or from the airport except in conformity with current Federal Aviation Administration rules and regulations established in accordance with federal law. (Ord. 25529.)

• 25.12.360 Traffic pattern - Entering for landing.

• 25.12.370 Landings.

• 25.12.380 Noise control.

• Compliance required.

• 25.12.400 Airport may refuse clearance.

The applicable air traffic and flight rules of the Federal Aviation Agency and the state governing the operation of aircraft in the city, currently in effect or as hereafter amended, are hereby adopted by reference and made a part of the air traffic and flight rules of the City of San José as fully as if set forth herein.

(Ord. 25529.)

No aircraft shall be taxied from the parking area onto a taxiway or runway without clearance from the control tower.

(Ord. 25529.)

• A. Takeoffs shall be made from the end of the runway designated by the control tower. Runway 30 Left is the preferential takeoff runway.

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§ 25.12.380

• B. All operations shall be confined to hard surface.

• (Ord. 25529.)

turbine-powered, fixed-wing aircraft shall enter the traffic pattern at not less than one thousand five hundred feet above sea level.

• (Ord. 25529.)

Unless directed by the control tower, no turn after takeoff shall be made until the aircraft has passed the airport boundaries and has gained an altitude of at least four hundred feet above sea level. (Ord. 25529.)

• A. There shall be no passing of aircraft in the landing or taxi pattern.

• B. Glide speeds shall be reasonable and in accordance with manufacturer's specifications.

• C. Safe distances will be maintained between all aircraft in the pattern and on the landing area.

• D. Aircraft rolling to a stop after landing shall immediately clear the runway by turning off at the nearest taxiway ahead of the aircraft unless otherwise advised by the control tower.

• (Ord. 25529.)

• A. All aircraft shall enter the traffic pattern at a forty-five-degree angle at the start of the downwind leg.

• B. Unless otherwise directed by the control tower, all aircraft shall make at least two ninetydegree turns of a traffic rectangle before landing.

• (Ord. 25529.)

• A. All landings shall be confined to hard surface and shall be made on the runway designated by the control tower.

• B. Runway 30 Right is the preferential landing runway.

• (Ord. 25529.)

• A. Unless otherwise directed or approved by the control tower, traffic patterns will be left hand for Runways 30L and 12L and right hand for Runways 30R and 12R.

• B. After takeoff from Runways 30L and 12L, aircraft shall make a normal left turn to leave the traffic pattern.

• C. After takeoff from Runways 30R and 12R, aircraft shall make a normal right turn to leave the traffic pattern.

• (Ord. 25529.)

• A. Normal traffic altitude shall be seven hundred fifty feet above sea level for powered, fixedwing aircraft of less than twelve thousand five hundred pounds gross weight.

• B. All fixed-wing aircraft in excess of twelve thousand five hundred pounds gross weight, and

• A. All aircraft approaching from or taking off over populated areas shall be operated so as to make a minimum of engine and propeller noise.

• B. Where federal regulations are not applicable, all aircraft on final approach to Runways 30 or 12, which are operating at less than one thousand feet above sea level, shall maintain an approach path which is not less than two hundred seventy-eight feet above the airport for each statute mile distance from the landing end of the runways.

• C. When approaching to land on Runway 30, this requirement results in a minimum aircraft altitude of six hundred eighteen feet above sea level over Santa Clara Street in the downtown area and two hundred four feet altitude above sea level over Highway 17.

• (Ord. 25529.)

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§ 25.12.390

Pilots shall comply and obey traffic direction indicators that are installed from time to time at the airport. (Ord. 25529.)

The director may delay, suspend or restrict any or all flight operations at the airport and may refuse takeoff clearance to any aircraft without regard to weather conditions whenever such action is deemed necessary in the interest of public safety. (Ord. 25529.)

• A. For the purpose of this section, "surplus military aircraft" means any single-engine militarytype aircraft, which is no longer owned by the federal government, with a gross weight, in accordance with the manufacturer's specifications, of over four thousand pounds and which has an engine with a takeoff horsepower rating in excess of one thousand horsepower.

• B. No person shall land at or take off from the airport in a surplus military aircraft unless he or she shall have met one of the following requirements:

  1. Have in his or her possession proof of having previously flown a surplus military aircraft of the same make and model; such proof to be made by proper entries in a pilot's log, or if the log is lost, by proper affidavit in lieu thereof; or

  2. Have in his or her possession a letter or other written instrument signed by a person qualified as required in subdivision 1 of this subsection, hereof, stating that the applicant has been checked out by a qualified pilot in a North American T-6 or comparable aircraft, and that in the opinion of the qualified pilot, the applicant is qualified to fly a surplus military aircraft.

• C. No person shall land on or take off from Runways 12 Right/Left in a surplus military aircraft unless he or she shall have previously made twelve landings on and twelve takeoffs from Runways 30 Left/Right, and shall have in his or her possession a pilot's log, or if the log is lost, a proper affidavit in lieu thereof, showing that he or she has made twelve landings on and twelve takeoffs from Runways 30 Left/ Right.

• (Ord. 25529.)

Part 5

USE OF AIRPORT FACILITIES BY AIRCRAFT OWNERS AND OPERATORS

Sections:

• 25.12.510 Flying instructor restrictions.

• 25.12.520 Intoxicants and drugs.

• 25.12.530 Use of aircraft, instruments and tools.

• 25.12.540 Starting or running aircraft engines.

• 25.12.550 Aircraft engines - Locations.

• 25.12.560 Aircraft engines - Operation in hangars prohibited.

• 25.12.570 Taxiing into or out of hangars prohibited.

• 25.12.580 Pilot responsibility.

• 25.12.590 Cleaning of aircraft.

• 25.12.600 Doping restrictions.

• 25.12.610 Floor care - Requirements.

• 25.12.620 Floor care - Using certain substances prohibited.

• 25.12.630 Open-flame operations.

• 25.12.640 Storage - Equipment and material.

• 25.12.650 Storage - Inflammable material.

• 25.12.660 Storage - Lubricating oils.

• 25.12.670 Waste receptacles.

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§ 25.12.540

and shall be evidenced by a certificate of insurance satisfactory to the city's risk manager as to form and amounts of coverage. (Ord. 25529.)

• A. The privileges of using the airport and its facilities shall be conditioned upon the assumption of full responsibility and risk by the user thereof and the city, its agents and/or employees shall not be liable for loss, damage or injury to persons or property arising out of any accident, incident or mishap of any nature whatsoever and/or from any cause whatsoever to any individual, aircraft or property occurring on the airport or in the use of any of the airport facilities.

• B. Any person who is authorized by the city to utilize city-owned and operated aircraft shelters, T-hangars, or outdoor tie-down spaces for parking of general aviation aircraft at the airport shall keep in full force and effect at all times the following minimum insurance coverage and requirements:

  1. An aircraft liability insurance policy in an amount not less than one million dollars single limit for bodily injury and property damage and, in addition, coverage of not less than one hundred thousand dollars per passenger for bodily injury.

  2. Any such policy of insurance shall contain provisions satisfactory to the city's risk manager which require thirty days' advance notice to the city in the event of cancellation or change in scope of coverage.

  3. Any such policy of insurance shall contain provisions satisfactory to the city's risk manager which name the city, its officers, agents, employees and contractors as additional insureds and which specify that such insurance shall be primary insurance with respect to the city.

• C. Any insurance coverage shall be provided by an insurer acceptable to the city's risk manager

No one other than a pilot with an instructor's rating shall teach the art of flying on the airfield at the airport for hire, reward, or gratuitously, and no one other than a pilot with an instructor's rating shall check out students.

(Ord. 25529.)

No pilot or other member of the crew of an aircraft in operation on the airport or any person attending or assisting in such operation on the airport, shall be under the influence of intoxicating liquor or habit-forming drugs, nor shall any person obviously under the influence of intoxicating liquor or habit-forming drugs be permitted to board any aircraft except a medical patient under proper care or in case of emergency.

(Ord. 25529.)

No person shall take or use any aircraft, aircraft parts, instruments, or tools thereof owned, controlled, or operated by any other person while such aircraft parts, instruments, or tools are stored, housed, or otherwise left on the airport or within its hangars without the written consent of the owner or operator thereof, or satisfactory evidence of the right to do so duly presented to the director. (Ord. 25529.)

• A. No aircraft engine shall be started or run unless a licensed pilot or mechanic shall be attending the controls.

• B. Blocks equipped with ropes or other suitable means of blocking an aircraft shall always be placed in front of the main landing wheels

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§ 25.12.540

before starting the engine or engines, unless the airplane is equipped with adequate parking brakes.

(Ord. 25529.)

• A. Aircraft shall be started and warmed up only in places designated for such purposes by the director.

• B. Engines shall not be operated in such a position that hangars, shops, or other buildings, or spectators will be in the path of the propeller slipstream.

• (Ord. 25529.)

No aircraft engine shall be run in any hangar. (Ord. 25529.)

Airplanes shall not be taxied into or out of hangars.

(Ord. 25529.)

Following a landing or prior to takeoff and while taxiing the pilot shall assure himself or herself that there is no danger of collision with other aircraft taking off, landing, or taxiing; all aircraft shall be taxied under full control at reasonable speed. (Ord. 25529.)

No person shall use inflammable, volatile liquids in the cleaning of aircraft, aircraft engines, propellers and/or appliances unless such cleaning operations are conducted in open air, or in a room specifically set aside for that purpose, which room shall be ventilated properly, fireproofed, and equipped with adequate and readily accessible fire extinguishing apparatus. (Ord. 25529.)

• A. Doping processes shall be conducted only in open air, or in designated and properly designed fireproofed and ventilated rooms or buildings in which all illumination, wiring, heating, ventilation equipment, switches, outlets and fixtures shall be sparkproof and vaporproof.

• B. No person shall enter or work in a dope room while doping processes are being conducted unless such person wears sparkproof shoes.

• (Ord. 25529.)

All lessees on the airport shall keep the floors of the hangars and hangar and terminal apron pits and areas adjacent thereto leased by them, free and clear of oil, grease and other inflammable material. (Ord. 25529.)

No person shall use volatile, inflammable substances for cleaning floors in the hangars or in other buildings of the airport. (Ord. 25529.)

No person shall conduct any open-flame operations in any hangar or any part thereof unless specifically authorized in writing to do so by the director.

(Ord. 25529.)

No person shall store or stock material or equipment in such manner as to constitute a fire hazard.

(Ord. 25529.)

• A. No person shall keep, store or discard any inflammable liquids, gases, signal flares or other

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§ 25.12.720

similar material in the hangars or in any building on the airport, except in accordance with subsection B. below.

• B. Such materials may be kept in aircraft in the proper receptacles installed in the aircraft for such purpose, or in rooms or areas specifically approved for such storage by the director in writing.

• (Ord. 25529.)

Part 7

STORAGE OF AIRCRAFT

Sections:

• A. No person shall keep or store lubricating oils in or about the hangars, except in accordance with subsection B. below.

• B. Such material may be kept in aircraft in the proper receptacles installed in the aircraft for such purposes or in containers provided with suitable draw-off devices.

• (Ord. 25529.)

• A. All persons occupying hangars shall provide suitable metal receptacles with self-closing covers for the storage of oil wastes, rags, and other rubbish.

• B. All such waste shall be removed daily.

• (Ord. 25529.)

No person shall start the engine of any aircraft when there is gasoline on the ground under such aircraft.

(Ord. 25529.)

• A. No aircraft shall be left unattended on the airport unless properly secured or within a hangar.

• B. Owners of such aircraft shall be held responsible for any damage resulting from failure to comply with this rule.

• (Ord. 25529.)

Aircraft shall be stored and repairs made in spaces designated for the purpose by the director. (Ord. 25529.)

Payment for storage, repairs, supplies, and/or other services rendered by the airport shall be made before flight clearance will be granted unless satisfactory credit arrangements have been made with the director.

(Ord. 25529.)

• A. When an aircraft storage account is delinquent for fifteen days or more, the director may lock up the airplane until storage charges are paid.

• B. No aircraft on which any tiedown fees or parking fees are unpaid may be removed without the prior written consent of the director.

• C. In addition to all other remedies provided by law for the collection and enforcement of charges or fees due for the tying down or parking of aircraft, the city shall have a lien upon aircraft for the tying down or parking thereof.

• D. Whenever such lien is lost by reason of loss of possession through trick, fraud or device, the repossession thereof by the city shall revive such lien.

• E. Any lien of the city upon aircraft for the tying down or parking thereof may be foreclosed in

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§ 25.12.720

the same manner as is provided generally by the Civil Code of California for the foreclosure of liens upon personal property. (Ord. 25529.)

Part 9

OBLIGATIONS IN CONNECTION WITH USE OF AIRPORT

Sections:

Aircraft owners and their pilots and/or agents shall be responsible for the prompt disposal of disabled aircraft and parts thereof unless required or directed to delay such action pending an investigation of an accident. (Ord. 25529.)

Witnesses of and participants in accidents on or within the airport shall make a full report thereof to the director as soon after the accident as possible, together with their names and addresses. (Ord. 25529.)

Any and all airport property destroyed, injured or damaged, by accident or otherwise, shall be paid for by the party or parties responsible for such destruction, injury or damage thereto. (Ord. 25529.)

Part 11

FUELING

Sections:

• 25.12.1130 Fueling operations prohibited while engine running.

• 25.12.1140 Fueling operations - Only essential personnel permitted.

• 25.12.1150 Fueling operations - Attendant required when passengers in cabin.

• 25.12.1160 Fueling operations - Operation of electrical apparatus prohibited.

• 25.12.1170 Fueling operations - Static spark materials prohibited.

• 25.12.1190 Grounding requirements during fueling operations.

• A. The city retains the exclusive petroleum products rights on the airport.

• B. No person shall bring petroleum products on the airport, in other than the airplane fuel tanks, without written permission from the director.

• (Ord. 25529.)

Adequate fire extinguishers shall be within ready reach of personnel engaged in fueling and draining operations.

(Ord. 25529.)

The fueling and drainage of aircraft shall be conducted at least fifty feet from any hangar or other building except a building built specifically for fueling aircraft.

(Ord. 25529.)

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No aircraft shall be fueled or drained of fuel while the engine is running or while such aircraft is in a hangar or enclosed space. (Ord. 25529.)

Only personnel engaged in the fueling, maintenance and operation of any aircraft shall be permitted within fifty feet of fuel tanks of such aircraft during such operation except as provided in Section 25.12.1150.

(Ord. 25529.)

No passenger or passengers shall be permitted in any aircraft during fueling unless a cabin attendant is present at or near the cabin door. (Ord. 25529.)

No person shall operate any radio transmitter or receiver, or switch electrical appliances off or on in an aircraft during fueling or draining of fuel. (Ord. 25529.)

No person shall use any material, during fueling or draining of fuel from aircraft, which is likely to cause a static discharge. (Ord. 25529.)

Fueling hoses and draining equipment shall be maintained in a safe, sound and nonleaking condition.

(Ord. 25529.)

• B. During refueling, the aircraft and the fuel dispensing apparatus shall both be grounded to a point or points of zero electrical potential.

• (Ord. 25529.)

• A. No person shall smoke within fifty feet of any fuel carrier, aircraft, fuel locker, fuel hydrant, fuel pump or fuel storage tank.

• B. As used in this section, the following terms shall have the meanings set forth herein:

  1. The term "fuel carrier" shall mean a motor vehicle which is used to transport aviation or motor vehicle fuel or gasoline.

  2. The term "fuel hydrant" shall mean a below ground discharge pipe with a deadman controlled valve and adaptor assembly to which a coupler on a hose in an aircraft fuel carrier can be connected.

  3. The term "fuel locker" shall mean an above ground cabinet containing hoses, meters and auxiliary equipment for the dispensing of aviation fuel or gasoline into aircraft.

  4. The term "fuel storage tank" shall mean a container for the storage of aviation or motor vehicle fuel or gasoline.

• (Ord. 25529.)

Chapter 25.14

FLYING CLUBS

Parts:

• 1 General Provisions 3 Flying Club Permits

Part 1

GENERAL PROVISIONS

operations.

• A. All hoses, funnels, and appurtenances used in fueling and draining operations shall be equipped with a grounding device to prevent ignition of volatile liquids.

Sections:

25.14.010 Flying club.

25.14.020 Member.

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§ 25.14.010

• A. This chapter does not apply to:

  1. Public entities;

"Flying club" means any combination in which three or more natural persons are associated (directly or indirectly), as individuals or as any association or legal entity, to provide such persons the privilege of piloting one or more aircraft habitually based on the airport and which has not obtained an exemption pursuant to Section 25.14.030. (Ord. 25529.)

"Member" of a flying club means any natural person who possesses the legal right to pilot flying club aircraft.

(Ord. 25529.)

• A. Any combination of three, four or five natural persons which operates one or more aircraft habitually based on the airport shall be issued an exemption from this chapter if such persons file a declaration under penalty of perjury with the director stating:

  1. That at the time of such declaration such persons are the sole persons possessing a legal right to pilot the aircraft operated by the combination; and

  2. That the exemption will be surrendered if any other persons thereafter use such aircraft in exchange for compensation.

• B. The exemption shall terminate one year from the date of its issuance, except that the director may deny, suspend, revoke, modify, restrict or terminate such an exemption if any statement is untrue or is not thereafter complied with.

• C. The director may, at any time, require the exemption holders to furnish information necessary to determine the truth of the statements in the declaration and their compliance therewith.

• (Ord. 25529.)

  2. Common carriers certificated by the Federal Aviation Administration or the California Public Utilities Commission;

  3. Persons or legal entities possessing a lease or sublease of real property at the airport; provided, however, that this exclusion shall not apply to persons, associations or legal entities possessing only a revocable permit to use real property at the airport.

• B. The provisions of this chapter do not apply to any person, association or legal entity to the extent that any regulation thereof is in conflict with, or is preempted by, federal or state law.

• (Ord. 25529.)