Torrance Municipal Code Art. 7 ENFORCEMENT Revised 2/26

(Amended by O-3248)

a) The City Manager or his designee(s) acting under the direction and control of the City Manager shall have the duty and authority to enforce the provisions of this Division 5 and all other laws, rules and regulations pertaining to the use of the Airport pursuant to the provisions of Section 836.5 of the State Penal Code.

b) Acting under the direction and control of the City Manager, airport security officers who are peace officers shall also have the duty and authority to enforce the provisions of this Division 5 and all other laws, rules and regulations pertaining to the use of the Airport.

a) In the event that any person has been found to be in violation of 3 or more cumulative violations of the provisions of Division 5, or of Sections 46.8.8 or 46.8.9 of the Torrance Municipal Code or of any other laws, rules or regulations of the City, State or the United States of America pertaining to the use of the Airport (including forfeiture of bail after being arrested or charged by citation or complaint with any such violation) within a three (3) year period, then for a period of three (3) years thereafter, such person shall be denied the right to land or takeoff from the Airport, except in bona fide emergencies for the preservation of life or property as reasonably determined by the Airport Manager and shall be denied the right to lease, rent or use space for aircraft (including tie-down) at the Airport insofar as the City has the right to deny such use of said Airport.

b) For the purposes of this Section, a determination of guilt by the Hearing Officer in accordance with the provisions of Section 51.7.4. shall have the same effect as a conviction by a court.

(Amended by O-3117; O-3311)

In the event that any aircraft has been found to be the cause of three (3) or more violations of Division 5, or of Sections 46.8.8 or 46.8.9 of the Torrance Municipal Code within a three (3) year period, regardless whether the operator, owner or pilot of said aircraft have been convicted of any criminal act or have been found to be in violation of said sections by the Hearing Officer, or City Council upon appeal, as provided for in Section 51.7.4, then it shall be presumed that operation of such aircraft will result in continued violation of the provisions of Division 5, or of Sections 46.8.8 or 46.8.9 of the Torrance Municipal Code, and for a period of 3 years thereafter such aircraft will not be permitted to tie down or be based at Torrance 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 or as directed by the Torrance Air Traffic Control Tower or the Federal Aviation Administration.

(Amended by O-3117)

a) Any person charged with piloting or operating or otherwise causing an aircraft to violate Division 5 or exceed the single event noise exposure levels (SENEL) or maximum sound exposure levels set forth in Section 46.8.8 or 46.8.9 of the Torrance Municipal Code, a Hearing Officer shall determine whether or not there was a violation, after a hearing thereon.

b) The charge may be made by the issuance of a Notice to Appear to the pilot (also known as “Person accused”) of said aircraft, if known. It is the responsibility of the operator, owner, or lessee of said aircraft to provide the pilot information to the City. If the pilot of said aircraft is not known, and the operator, owner, or lessee of said aircraft is not cooperative in providing the pilot information, then the Notice to Appear will be issued to the operator, owner, or lessee of said aircraft who will be held liable for the pilot’s violation(s) (also known as “Person accused”). The Notice to Appear shall be served by first class mail at least 25 calendar days before the scheduled hearing date before the Hearing Officer. In addition to the Notice to Appear being served by first class mail, the City may also deliver through physical delivery, delivery by overnight carrier service, or delivery by digital mail.

(Amended by O-3117)

a) A hearing before the Hearing Officer shall be set for a date that is not less than 25 calendar days and not more than 90 calendar days from the mailing date listed on the Notice to Appear.

b) The hearing shall be conducted by a Hearing Officer on the date, time and place specified in the Notice to Appear.

c) The hearing shall be open to the public. If all or part of the hearing is conducted by telephone, television, or other electronic means, the Hearing Officer shall conduct the hearing from a location where members of the public may be physically present. Hearings will not be recorded.

d) The Hearing Officer shall only consider evidence that is relevant to whether the violation(s) occurred and whether the Person accused has caused or maintained the violation(s). Formal rules of evidence shall not apply. Relevant hearsay evidence and written reports may be admitted whether or not the speaker or author is present to testify, if the Hearing Officer determines that the evidence is reliable. Admission of evidence and the conduct of the hearing shall be controlled by the Hearing Officer in accordance with the fundamentals of due process. The Hearing Officer may limit the total length of the hearing to one hour.

e) At the hearing, the Person accused shall be given the opportunity to present, either themselves or through a representative, evidence and testimony concerning the violation(s). The City’s case shall be presented by any authorized agent of the City.

f) The failure of the Person accused to appear at the hearing, either personally or through counsel, shall be deemed an admission that the violation(s) in question was appropriately and validly issued against the Person accused and the aircraft.

g) The Hearing Officer may consolidate into 1 hearing all outstanding violations relating to the same Person accused.

h) The Hearing Officer may continue the hearing and request additional information from the City or the Person accused prior to issuing a written decision.

a) After considering all of the testimony and evidence submitted at the hearing, the Hearing Officer may announce a decision orally, but in any event, shall prepare a written decision. The decision shall be provided to all parties within thirty calendar days of the hearing and shall either affirm or dismiss the violation(s). The serving of the written decision shall be by any means deemed adequate to the City, which includes but is not limited to physical delivery, delivery by first class mail, delivery by overnight carrier service, or delivery by digital mail.

b) All decisions of a Hearing Officer shall become final unless appealed to the City Council pursuant to the provisions of Article 5 of Chapter 1, Division 1 of the Code.

(Amended by O-2878; O-2879)

Except as provided otherwise in Sections 51.7.2 and 51.7.3:

a) It shall be unlawful and a misdemeanor for any person to land an aircraft on or take off an aircraft from the Airport after he or she has been denied the use of the Airport in accordance with the provisions of Section 51.7.2.; or

b) It shall be unlawful and a misdemeanor for any person to land an aircraft on or take off any aircraft from the Airport after such aircraft has been excluded from the Airport pursuant to the provisions of Section 51.7.3.

In the case of any training flight in which both an instructor pilot and a student pilot are in the aircraft which is flown in violation of any of the provisions of Division 5, or of Sections 46.8.8 or 46.8.9 of the Torrance Municipal Code, the instructor pilot (also known as “operator”) shall be presumed to have caused such violation.

(Added by O-3117; Amended by O-3120)

For purposes of Division 5, or of Sections 46.8.8 or 46.8.9 of the Torrance Municipal Code, if the pilot of an aircraft cannot be otherwise identified, the beneficial owner of an aircraft shall be presumed to be the pilot of the aircraft with authority to control the aircraft’s operation, except that where the aircraft is leased, the lessee shall be presumed to be the pilot. 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.

a) The Airport Manager shall keep a register of aircraft based at the Airport. The names, addresses and other reasonable identification, as determined by the Airport Manager, of the legal and beneficial owners, the lessee (if any), the operators and the authorized pilots of each such aircraft shall be entered into the register.

b) For the purposes of this Section, an aircraft which remains at the Airport for a period longer than twenty-four (24) consecutive hours or for a cumulative time of more than seventy-two (72) hours in any thirty (30) day period shall be deemed to be based at the Airport.

c) It shall be unlawful for any owner, lessee, operator or pilot of any aircraft based at the Airport to fail to register such aircraft with the Airport Manager.

The City Manager, or his or her designee, shall select a fair and impartial Hearing Officer to preside over hearings for violation(s) of Division 5, or of Sections 46.8.8 or 46.8.9 of the Torrance Municipal Code. The Hearing Officer shall not be a current Torrance City employee.