San Jose Municipal Code Part 3 Curfew Hour Restrictions on Aircraft Operations

A. Except as otherwise expressly authorized herein, all persons shall be prohibited from scheduling and/or conducting a takeoff or a landing using a jet aircraft during curfew hours unless such takeoff or landing is conducted by a jet aircraft that is listed on the schedule of authorized aircraft.

B. If a jet aircraft is not listed on the schedule of authorized aircraft, then the aircraft will be allowed to operate during curfew hours only if the operator demonstrates in writing to the director that the FAA Part 36 manufacturer certificated noise level of such aircraft (using the arithmetic average of the takeoff, sideline, and approach noise levels) is equal to or less than 89.0 EPNdB.

(Ord. 27000.)

Jet aircraft operators may only conduct aircraft operations by Stage 2 aircraft at the airport between the hours of 0700 and 2300.

(Ord. 27000.)

A. A person may conduct an aircraft operation during curfew hours using a jet aircraft that is not permitted to conduct an aircraft operation during curfew hours under this part, only if such aircraft operation was delayed solely as the result of a force majeure event.

B. Each person claiming an exemption from the curfew hour restrictions as set out in this section must provide the director of aviation or the director's designee a written curfew operation report on a form approved by the director within ten days of the date that a notice of aircraft operation during the curfew hours was mailed or delivered personally to the person. Failure to file a curfew operation report within this ten-day period shall be grounds for denial of an exemption request. The curfew operation report must describe all facts necessary to support the claimed exemption.

C. If the director determines that a curfew operation report documents facts sufficient to support an exemption from the curfew hour restrictions as set out in this section, no further action shall be taken.

D. If the director determines that a curfew operation report does not document facts sufficient to support an exemption from the curfew hour restrictions as set out in this section, no exemption from the curfew hour restrictions will be approved.

(Ord. 27000.)

A. The following categories of aircraft operations are automatically exempt from the curfew hour restrictions:

1. Aircraft operated by or on behalf of the United States of America or the State of California.

2. Aircraft operated by any city, county or local unit of government for law enforcement, emergency, fire or rescue purposes.

B. No curfew operation report is required for aircraft operations that are exempt under this section.

(Ord. 27000.)