Turlock Municipal Code Art. 1 Aircraft Operation Within The City Limits

The provisions of this chapter are for the purpose of adopting aircraft regulations to be followed by all aircraft operating in or over (as defined by Section 4-13-102(c)) the City of Turlock to protect public health and safety on public and private property. The following provisions are in addition to the rules and regulations of the Federal Aviation Administration of the Government of the United States and the laws of the State of California, and in addition to any other regulations provided by law.

(745-CS, Enacted, 08/13/1991)

The following words, terms or phrases when used in this chapter shall have the meanings respectively ascribed to them by this section:

(a)

"Aerial acrobatics"

shall mean any manipulation of the controls of an aircraft which tends, or may tend, to divert the aircraft from a normal flight in a horizontal plane parallel to the surface of the earth, save and excepting only such manipulations of the controls as may be necessary to cause the aircraft to ascend or descend from one altitude to another, by means of a gradual ascent or descent with every consideration of stability and safety.

(b)

"Aircraft"

shall mean any human contrivance used or designed for navigation of, or flight in, the air. The term "aircraft" shall include, but is not limited to, any airplane, helicopter, ultralight vehicle, glider, balloon, parachute or other contrivance now known or hereafter invented, used or designed for navigation of, or flight in, the air.

(c)

"Aircraft operating over the City"

shall mean those aircraft in flight in that airspace up to two-thousand feet (2000') above the height of the highest building within the City limits.

(d)

"Emergency landing"

shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons on board an aircraft in flight, the existence of which make it necessary to land an aircraft at an other than regularly established airport field or landing place.

(e)

"Emergency rescue mission"

shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City, the existence of which make it necessary to land an aircraft at an other than regularly established airport field or landing place.

(f)

"Executive Officer of the Airport Commission"

shall mean that individual designated from time to time by resolution of the City Council of the City of Turlock.

(g)

"Fly or flight"

shall mean every kind of locomotion by an aircraft.

(h)

"To land"

shall mean the loading or unloading of person(s) and/or cargo between an airborne aircraft and the ground and/or body of water or a structure or other object located on the ground and/or body of water. The phrase "to land" also includes the touching of any part of an aircraft upon the ground and/or body of water or upon a structure or other object located thereon.

(i)

"Person"

shall mean any individual, firm, copartnership, corporation, company, association, joint-stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof.

(j)

"Regularly established airport field or landing place"

shall mean only those sites for landing and/or take off of aircraft which are so designated by the City Council pursuant to the rules and regulations of the Federal Aviation Administration of the Government of the United States and the laws of the State of California.

(745-CS, Enacted, 08/13/1991)

The rules and regulations promulgated by the Federal Aviation Administration of the Government of the United States and the laws of the State of California are in effect for all purposes and shall be followed by all aircraft operating in and over the City. The City Council of the City of Turlock hereby declares that if any provision recited in this chapter is more stringent than federal, state or county regulations, the provisions of this chapter shall apply.

(745-CS, Enacted, 08/13/1991)

It shall be unlawful for any person to take off or to land any aircraft within the City limits other than at a regularly established airport field or landing place unless that person is on an emergency rescue mission or has obtained special permission from the Executive Officer of the Airport Commission as provided for in this chapter.

(745-CS, Enacted, 08/13/1991)

It shall be unlawful for any person to operate an aircraft over the City at an altitude which violates any law or regulation of the government of the United States or of the State of California.

(745-CS, Enacted, 08/13/1991)

It shall be unlawful for any person to engage in aerial acrobatics over any part or section within the City limits unless otherwise permitted by the Executive Officer of the Airport Commission pursuant to Section 4-13-110 of this article.

(745-CS, Enacted, 08/13/1991)

It shall be unlawful for any person to cause to be dropped from any aircraft or anything attached thereto any articles or objects, unless special waiver has been issued by the Federal Aviation Administration of the Government of the United States and a special permit has been issued by the Executive Officer of the Airport Commission pursuant to Section 4-3-110 of this article.

(745-CS, Enacted, 08/13/1991)

It shall be unlawful for any person to operate any aircraft over any part or section of the City in a careless or reckless manner so as to endanger the life or property of others. A careless or reckless manner is one that includes, but is not limited to, a disregard of or indifference to the consequences under the circumstances involving danger to life or safety of persons or property.

(745-CS, Enacted, 08/13/1991)

(a) Construction activities. This chapter shall not prohibit the take off or landing of a helicopter at a construction site for the purpose of handling building materials or equipment during construction activities, provided that written permission is first obtained from the Executive Officer of the Airport Commission as provided for in this chapter.

(b) Agricultural dusting, seeding or spraying. This chapter shall not prohibit agricultural dusting, seeding or spraying over the appropriate sections of the City or the exercise of aerial maneuvers incident to such operation of dusting, seeding or spraying, provided that written permission is first obtained from the Executive Director of the Airport Commission as provided for in this chapter.

(745-CS, Enacted, 08/13/1991)

(a) The Executive Officer of the Airport Commission, upon written application, may allow operation of aircraft in exception to the provisions of this chapter subject to the terms and conditions as the Executive Officer may prescribe.

(b) Each applicant for such permission shall provide the Executive Officer of the Airport Commission with a written statement specifying the proposed aircraft operation, including the location, date and time, and type of proposed operation.

(c) Each applicant shall provide the Executive Officer of the Airport Commission with a copy of a Congested Area Plan as approved by the Federal Aviation Administration pursuant to Federal Aviation Administration rules and regulations.

(d) Each applicant shall provide the Executive Officer of the Airport Commission with proof of liability insurance naming the City of Turlock as an additional insured in amounts of not less than One Million and no/100ths ($1,000,000.00) Dollars property damage; One Million and no/100ths ($1,000,000.00) Dollars bodily injury; and One Million and no/100ths ($1,000,000.00) Dollars combined single limit, including personal liability.

(e) In determining whether to grant permission for the proposed aircraft operation, the Executive Officer of the Airport Commission shall consider weather conditions, the existence of obstructions in approach and departure paths, the proximity of the proposed aircraft activity to schools and other centers of activity, and other factors necessary to determine that the proposed operation can be conducted safely.

(745-CS, Enacted, 08/13/1991)

(a) Each applicant shall have the right to appeal the decision of the Executive Officer of the Airport Commission, including permit refusal, and any terms or conditions placed on permit approval, in writing to the City Manager of the City of Turlock within five (5) days from the Executive Officer of the Airport Commission's decision.

(b) A hearing date shall be set not later than ten (10) days after the date the City Manager receives the applicant's appeal. The City Manager shall mail or otherwise deliver to the applicant at least five (5) days prior to the hearing a notice specifying the date, time and location of the hearing.

(c) The decision of the City Manager shall be made within ten (10) days from the date of the hearing and shall be mailed by first class mail or personally delivered to the applicant.

(d) Each applicant shall have the right to appeal the decision of the City Manager to the City Council. The applicant shall file any such appeal in writing with the City Clerk within five (5) days from the date of the City Manager's decision. The City Clerk shall place the appeal on the regularly scheduled City Council meeting immediately following the receipt of the applicant's appeal and shall notify the applicant of the date, time and location where the matter will be heard.

(745-CS, Enacted, 08/13/1991)

(a) It shall be unlawful for any person to violate any provision of this chapter or to fail to comply with any of the requirements of this chapter. Any person violating any of such provisions or failing to comply with any of such requirements of this chapter shall be guilty of a misdemeanor.

(b) Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person and shall be punishable accordingly.

(c) In addition to the penalties provided by this section, any condition caused or permitted to exist in violation of this chapter shall be deemed a public nuisance and may be summarily abated by the City, and shall be regarded as a new and separate offense.

(d) Any person convicted of a misdemeanor under the provisions of this chapter shall be punishable by a fine not to exceed One Thousand and no/100ths ($1,000.00) Dollars, or by imprisonment in the County Jail for a period not to exceed six (6) months, or by both such fine and imprisonment.

(e) Pursuant to California Government Code Section 38773.7, any person found in violation of the provisions of this chapter a second or subsequent time within a two-year period will be subject to treble damages, according to court order.

(745-CS, Enacted, 08/13/1991)