San Jose Municipal Code Part 5 Airport Noise Control Program Compliance and Monitoring

It shall be the policy of the city to seek compliance with the airport noise control program by both administrative action and legal enforcement proceedings available to city. The city shall vigorously enforce the airport noise control program by all such means available under applicable federal and state laws.

(Ord. 25528.)

A. The city manager and the director shall meet at least annually with all passenger and air cargo air carriers occupying space at the airport in order to emphasize the importance of compliance with the full spirit of the airport noise control program, and to seek voluntary minimization of nighttime operations during curfew hours by such air carriers even when such operations technically comply with the program.

B. The purpose of the annual meeting is to seek and to continue implementation of a good faith commitment by the air carriers to a good neighbor policy, to include but not be limited to the following elements:

1. Discuss strategies for all air carriers which schedule operations during the early morning or nighttime time frames surrounding the core curfew hours to prudently schedule arrivals or departures so as to avoid and minimize the potential for early or delayed operations intruding in the restricted hours, even if such operations would be otherwise permitted under the airport noise control program;

2. Discuss methods by which all air carriers can avoid publishing or advertising any aircraft operation which creates the appearance that the flight is scheduled to, or will occur, during the curfew hours;

3. Provide complete and accurate information to the airport of the reasons for any operations which occur during the restricted nighttime hours, which information shall be available to the public.

C. The city manager and the director shall also consult with and encourage all air carriers to adhere to federally approved airport approach patterns so as to continually minimize aircraft noise in neighborhoods.

D. The director shall publish an annual report of airline compliance and good faith efforts, for review by the city council.

(Ord. 25528.)

A. The city shall continue its existing practice and policy, in effect since the airport noise control program and the time-of-day operating restrictions or "curfew" were adopted in 1984, of including in airline and other airport user agreements and leases provisions which require all tenant air carriers and other airport users to abide by rules and regulations of the airport, including the applicable provisions of the airport noise control program.

B. Under the federal Airport Noise and Capacity Act of 1990, the city may individually negotiate on a case-by-case basis with an airline or aircraft operator to seek agreements which restrict the operation of Stage 3 aircraft, although the city may not mandate new restrictions for all carriers who do not voluntarily agree, nor unilaterally impose restrictions which would deter new entrants. Therefore, the city shall, to the greatest extent feasible under federal law, seek to negotiate enforcement provisions in appropriate agreements pertaining to use of the airport, regarding the airport noise control program violations, with airline, air cargo and other airport users in the course of discussions pertaining to new facilities.

(Ord. 25528.)

A. If, for any reason, the airport noise control program operational limitations pertaining to the time-of-day operating restrictions or "curfew" are modified, the city shall initiate additional environmental review and reconsider the 1997 Airport Master Plan and this implementation program.

B. No new or revised internal or administrative airport department policy modifications or special aircraft operations authorizations as exceptions to the existing operational restrictions of airport noise control program shall be promulgated. No modifications to the airport noise control program, whatsoever, shall be considered without appropriate environmental analysis, full public review processes, coordination with airport users, approval by the city council at a duly noticed public meeting and clearance from the Federal Aviation Administration.

(Ord. 25528.)

A. The director shall continue to monitor and log engine run-ups during the curfew hours and also include information in the monthly noise summary on the airport website and in the annual airport noise reports concerning numbers and types of engine run-ups.

B. In the event that high power engine run-ups average more than three per month during the curfew hours in any twelve-month period, the director shall prepare a report to the city council and public review at a properly noticed public meeting.

C. In the event that high power engine run-ups exceed an average of three per month during the curfew hours in any twelve-month period as provided above, the director shall prepare the necessary studies and initiate amendments to the 1997 Airport Master Plan to provide for construction of a ground run-up enclosure facility at the airport.

(Ords. 25528, 28907.)

The director shall institute and maintain procedures to substantiate the basis for any aircraft operation during the curfew hours, so as to report fairly and accurately the reasons for such operations.

(Ord. 25528.)

Editor's note— Section 25.04.610, pertaining to Airport Noise Advisory Committee, was repealed by Ordinance 29250, § 35, passed May 7, 2013.