Sec. 3-44. - Violation—Penalty—Presumptions.

(a)

No aircraft shall be operated at the airport in violation of this article.

(b)

Any person who operates an aircraft in violation of this article or any person who counsels, aids, assists or abets any other person in the operation of an aircraft in violation of this article shall be guilty of an infraction punishable by fine of one hundred dollars ($100.00) for the first such violation, and shall be guilty of a misdemeanor punishable by fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the county jail not exceeding six (6) months, or by both fine and imprisonment in the county jail not exceeding six (6) months, or by both fine and imprisonment for the second and any further violations within two (2) years of the first violation. Provided, in the case of any training flight in which both the instructor pilot and a student pilot are in an aircraft operated in violation of this article, the instructor pilot shall be rebuttably presumed to have caused such violation.

(c)

For purposes of this article, if the pilot of an aircraft cannot be otherwise identified, the beneficial owner of the aircraft shall be presumed to be the pilot of the aircraft with authority to control the aircraft's operation, or presumed to have authorized or assisted in the aircraft operation. Such presumption may be rebutted only if the owner or lessee identifies the person who in fact was the pilot at the time of the asserted violation of this article.

(d)

In the event any aircraft is found to be the cause of three (3) or more violations of this article within a three (3) year period, then it shall be presumed that operation of such aircraft will result in continued violation of this article. Such aircraft shall not be permitted to tie down or be based on the airport, nor shall such aircraft be permitted to land at or take off from the airport except in emergencies for the preservation of life or property as reasonably determined by the director of aviation. Provided, the owner or operator of such aircraft shall be entitled to rebut such presumption to the reasonable satisfaction of the director of aviation by furnishing evidence to the contrary, including, but not limited to, changes in operating personnel, retro-fitting measures, changes in engine or maintenance.

(Ord. No. 4440 § 2, 1991.)