San Jose Municipal Code Part 2 Definitions

The definitions set forth in this part shall govern the application and interpretation of this chapter. All references to times of day in this part shall be Pacific Standard Time or Pacific Daylight Time, as applicable.

(Ord. 27000.)

"Aircraft operation" means a takeoff or landing of an aircraft at the airport.

(Ord. 27000.)

"ATC" means FAA Air Traffic Control.

(Ord. 27000.)

"Certified composite noise level" means the arithmetic average of the takeoff, sideline, and approach noise levels, in EPNdB, as listed in Appendix 1 or Appendix 2 of FAA Advisory Circular 36-1H, "Noise Levels for U.S. Certificated and Foreign Aircraft."

(Ord. 27000.)

"Curfew" means a time use restriction that limits the hours in which the city will allow certain aircraft operations to be conducted and that prohibits the scheduling and operation of certain aircraft operations at the airport during curfew hours.

(Ord. 27000.)

"Curfew hours" means the hours between 2330 and 0630.

(Ord. 27000.)

"EPNdB" means effective perceived noise decibel level, as defined and calculated in FAR Part 36.

(Ord. 27000.)

"FAA" means the United States Federal Aviation Administration.

(Ord. 27000.)

"FAR Part 36" means Federal Aviation Regulations, Part 36, "Noise Standards: Aircraft Type and Airworthiness Certification." Part 36 is codified under Title 14 of the Code of Federal Regulations.

(Ord. 27000.)

"Force majeure event" means an event that is beyond the control of a person conducting an aircraft operation, including any one of the following:

A. Unforeseen mechanical problems that delay an aircraft operation that had been scheduled prior to the curfew hours.

B. FAA ATC directives that delay an aircraft operation that had been scheduled prior to the curfew hours.

C. Weather-related impacts that delay an aircraft operation that had been scheduled prior to the curfew hours.

D. Compliance with federal, state or local security directives that delay an aircraft operation that had been scheduled prior to the curfew hours.

E. An emergency that requires an aircraft operation during the curfew hours to preserve either life or property.

F. Weather factors or unscheduled closure at the scheduled destination airport for an aircraft operation, as shown in its FAA flight plan, only if the aircraft operation is a landing that was not scheduled at the airport.

G. Aircraft operations conducted for emergency purposes during an emergency that has been officially proclaimed by the United States, the State of California or the city.

(Ord. 27000.)

"Jet aircraft" means an aircraft that is powered by one or more turbojet engines.

(Ord. 27000.)

"Schedule of authorized aircraft" means the schedule issued from time to time by the director of aviation setting forth the jet aircraft authorized to operate during curfew hours. Attachment A of the schedule of authorized aircraft shall list all jet aircraft that generate a certified composite noise level equal to or less than 89.0 EPNdB as derived from FAA Advisory Circular 36-1H as in effect on the date of enactment and as revised from time to time by the FAA. Attachment B of the schedule of authorized aircraft shall list those grandfathered jet aircraft types that were previously authorized to operate during the curfew hours.

(Ord. 27000.)

"Stage 2 aircraft" means a jet aircraft that has been shown to comply with the Stage 2 noise limits prescribed in FAR Part 36, but does not comply with the Stage 3 noise limits prescribed in FAR Part 36.

(Ord. 27000.)

"Stage 3 aircraft" means a jet aircraft that has been shown to comply with the Stage 3 noise limits prescribed in FAR Part 36.

(Ord. 27000.)