Chapter 13.20 AIRPORTS

Chapter 13.20
AIRPORTS

Sections:

Article I. Airports – General Provisions

13.20.010 Existing airports exempt.

13.20.020 Nuisance.

Article II. Airports – Zoned Areas – Permits

13.20.030 License – Required.

13.20.040 Application and fee for license – Fee.

Article III. Airport Rules and Regulations – General Provisions

13.20.050 Applicability.

13.20.060 Definitions.

13.20.070 Construction.

13.20.080 Applicability of previous rules.

13.20.090 Unlawful acts – Sanctions.

13.20.100 Nonassumption of liability.

Article IV. General Rules and Regulations

13.20.110 Restricted areas.

13.20.120 Conduct of business.

13.20.130 Vehicles for hire.

13.20.140 Commercial photography.

13.20.150 Advertisements.

13.20.160 Soliciting.

13.20.170 Use of roads and walks.

13.20.180 Animals.

Article V. Aircraft Operation

13.20.190 Operation of aircraft.

13.20.200 Rates and charges.

13.20.210 Aircraft takeoffs and landings.

13.20.220 Restriction of movement.

13.20.230 Aerobatics prohibited.

13.20.240 Aircraft storage and repairs – Area.

13.20.250 Securing of unattended aircraft.

13.20.260 Safe handling of aircraft.

13.20.270 Taxiing.

13.20.280 Night flying.

13.20.290 Starting and running engine – Location.

13.20.300 Running of aircraft engines.

13.20.310 Running of engine in hangar.

13.20.320 Plant quarantine inspection.

13.20.330 Damage to airport property.

13.20.340 Disposition of disabled aircraft.

13.20.350 Accident reports.

13.20.360 Present hours of operation.

Article VI. Noise Abatement

13.20.370 Noise abatement procedures.

13.20.380 Training flight restrictions.

13.20.390 Permanently based aircraft.

Article VII. Motor Vehicle Regulations

13.20.400 General.

13.20.410 Restricted areas.

13.20.420 Speed.

13.20.430 Parking.

13.20.440 Common carriers.

13.20.450 Accident reports.

Article VIII. Other Regulations

13.20.460 Conformance to other regulations.

Article I. Airports – General Provisions

13.20.010 Existing airports exempt.

This chapter shall not apply to any airport or airstrip in actual use and operation on August 30, 1945, and in compliance with all applicable rules and regulations of the Federal and State governments. (Ord. 29 § 1, 1981; CC § 85.101)

13.20.020 Nuisance.

Any building, structure, runway, hangar or airstrip set up, erected, built or maintained and/or any use of property contrary to the provisions of this chapter shall and the same is unlawful and a public nuisance, and any failure, refusal or neglect to obtain a permit as required by the terms of this chapter shall be prima facie evidence of the fact that a nuisance has been committed in connection with the erection, construction, maintenance, alteration or repair of any building, structure, runway, hangar or airstrip set up, erected, built, maintained, or used contrary to the provisions of this chapter. The City Attorney shall, upon order of the City Council, immediately commence necessary proceedings for the abatement, removal or injunction of any such nuisance in the manner provided by law. (Ord. 29 § 1, 1981; CC § 85.102)

Article II. Airports – Zoned Areas – Permits

13.20.030 License – Required.

No land located within any precise section of land use master plan of the City shall be used for an airport or airstrip or for the landing or takeoff of any aircraft except in compliance with the zoning regulations covering said land and unless a license therefor has been issued by the Director of Development Services. (Ord. 518, 1999; Ord. 29 § 1, 1981; CC § 85.301)

13.20.040 Application and fee for license – Fee.

An application for a license required by this chapter shall be made to the Director of Public Works on forms provided by him for that purpose. Each application shall be accompanied by a fee as shall be established by City Council resolution from time to time and by a sketch of the proposed flight pattern together with evidence of tentative approval of such flight pattern from the Civil Aeronautics Authority or its successors where approval is required or permitted by law. (Ord. 683 § 57, 2008; Ord. 29 § 1, 1981; CC § 85.302)

Article III. Airport Rules and Regulations – General Provisions

13.20.050 Applicability.

This article applies to each and every person and to each and every activity or operation of any kind whatsoever on, in or about each and every City airport, except to the extent superseded by agreement or other written document executed by a duly authorized representative of the City. (Ord. 29 § 1, 1981; CC § 85.401)

13.20.060 Definitions.

The following words have the meanings ascribed to them in this section unless otherwise apparent from the context:

A. “Airport” means each and all of the airports in the City.

B. “Airport Manager” means the City Airport Director, the manager of any City airport or their duly authorized representatives.

C. “Person” means any individual, estate, political body, or any business, financial, social, recreational or athletic association of any form whatsoever, and includes any member, trustee, agent, employee, officer, receiver, assignee or other representative of any of these. (Ord. 29 § 1, 1981; CC § 85.402)

13.20.070 Construction.

This chapter shall be construed so as to promote the objectives thereof and to protect and further the public health, safety and welfare. (Ord. 29 § 1, 1981; CC § 85.403)

13.20.080 Applicability of previous rules.

The provisions of this chapter supersede and replace all previous airport rules and regulations; provided, that to the extent that such provisions are unchanged from such previous rules and regulations, they shall be deemed a continuation thereof. (Ord. 29 § 1, 1981; CC § 85.405)

13.20.090 Unlawful acts – Sanctions.

A. Noncompliance with or violation of this chapter is forbidden. Any person operating or handling any aircraft, operating any vehicle, equipment or apparatus, or using the airport or any of its facilities in violation of this chapter, or any person who refuses to comply with this chapter after being duly ordered to do so, or any person who enters or remains upon an airport without complying with each and every section and provision of this chapter is in violation of this chapter.

B. A person who is in violation of this chapter does not have and is acting without the permission of the City to remain on or to conduct any activity on an airport. Any person who is in violation of this chapter shall be promptly ejected and removed from the airport, upon the order of the City’s Director of Public Services, by the Airport Manager, or by a law enforcement officer acting pursuant to the request of the Airport Manager; provided, however, that if the Airport Manager deems it necessary for the immediate protection of the public health, safety, or welfare, or for the protection of property, or for the protection of the health, safety or welfare of any person lawfully utilizing the airport facilities, he may eject and remove, or request an appropriate law enforcement officer to eject and remove, any person who is in violation of this chapter without first obtaining the order of the City’s Director of Public Services to do so.

C. Any person who is so ejected and removed from the airport may be deprived of and refused the future use of the airport and of the airport facilities for such time as the City Council may determine and order, and until such time as such person may accomplish to the Council’s satisfaction such remedial actions as said Council may order, notwithstanding any rights such person may otherwise have by virtue of any lease, permit or other written document.

D. The foregoing penalties are cumulative and supplemental to any penalties cognizable at law. (Ord. 29 § 1, 1981; CC § 85.406)

13.20.100 Nonassumption of liability.

The City, and its agents, officers and employees, assume no liability or responsibility, and shall not be liable or responsible other than as required by law, for any loss, damage, destruction, injury or death to any person or persons or to any property by reason of any accident, incident, occurrence or mishap of any nature whatsoever or from any cause whatsoever. Any person entering an airport, or using or seeking or preparing to use an airport or any airport facility, does so at his own risk. (Ord. 29 § 1, 1981; CC § 85.407)

Article IV. General Rules and Regulations

13.20.110 Restricted areas.

No person shall enter any area which is posted with signs reading “restricted,” “closed to the public,” or the like, except:

A. Persons assigned to duty in such area;

B. Persons authorized by the Airport Manager;

C. Passengers, under appropriate supervision, entering such areas for the purpose of embarkation or debarkation. (Ord. 29 § 1, 1981; CC § 85.411)

13.20.120 Conduct of business.

No person shall use the airport or any part thereof, or any airport facilities, for revenue-producing or commercial activities without first securing an appropriate permit, lease or other such document from the City and, after having obtained such document, without complying fully and completely with all of the terms and conditions thereof including the payment of rates and charges. (Ord. 29 § 1, 1981; CC § 85.412)

13.20.130 Vehicles for hire.

No person shall operate any vehicles for hire on the airport unless the provisions of PMC 13.20.120 have been complied with. (Ord. 29 § 1, 1981; CC § 85.413)

13.20.140 Commercial photography.

No person shall take still, motion or sound pictures or photographs for commercial purposes without the written permission of the Airport Manager. (Ord. 29 § 1, 1981; CC § 85.414)

13.20.150 Advertisements.

No person shall post, distribute, circulate or display any signs, posters, advertisements, circulars, or any other such printed, painted or written materials without first obtaining the approval of the Airport Manager. (Ord. 29 § 1, 1981; CC § 85.415)

13.20.160 Soliciting.

No person shall solicit funds, goods, donations or pledges on the airport without first securing the written permission of the Airport Manager. (Ord. 29 § 1, 1981; CC § 85.416)

13.20.170 Use of roads and walks.

No person shall travel on the airport property other than on the roads, walks, and places appropriate to the type of travel, nor shall any person use said roads, walks, or other places in such a manner so as to hinder or obstruct the proper usage thereof by others. (Ord. 29 § 1, 1981; CC § 85.417)

13.20.180 Animals.

No person shall enter the terminal building or landing area of the airport with a dog or other animal, except a seeing-eye dog, unless such dogs or other animals are restrained by a leash and kept under complete control. Dogs and other animals are permitted in other areas of the airport if they are restrained by a leash or otherwise confined so as to be under the complete control of the person accompanying such animal. (Ord. 29 § 1, 1981; CC § 85.418)

Article V. Aircraft Operation

13.20.190 Operation of aircraft.

No person shall navigate, land, takeoff or fly any aircraft, or service, maintain or repair any aircraft, or conduct any aircraft operations or activities on, from or about the airport other than in conformity with current Federal Aviation Administration (FAA), Federal Air Regulations (FAR), and Civil Aeronautics Board (CAB) rules and regulations and with applicable laws of the State. (Ord. 29 § 1, 1981; CC § 85.421)

13.20.200 Rates and charges.

Aircraft and business operations on the airport shall be subject to Schedule of Rates and Charges and Use Control Policy for City Airports, as adopted by the City Council. (Ord. 29 § 1, 1981; CC § 85.422)

13.20.210 Aircraft takeoffs and landings.

All takeoffs and landings at airports without control towers, or when control towers are inoperative, shall be made at safe distances from other aircraft, and from all buildings, automobile parking areas and similar areas and obstructions. Aircraft shall clear all highways and roads on or adjacent to the airport by a vertical distance of no less than 50 feet. (Ord. 29 § 1, 1981; CC § 85.423)

13.20.220 Restriction of movement.

The Airport Manager may delay or restrict any ground movement or other operation or activity on the airport, and may refuse departure of aircraft from parking areas on the airport, for any reason the Airport Manager deems necessary in the public interest or to protect public health, safety or welfare. (Ord. 29 § 1, 1981; CC § 85.424)

13.20.230 Aerobatics prohibited.

No aircraft shall be flown within the airport traffic area in any aerobatic maneuver or maneuvers other than those required in normal and routing operation unless specifically approved by the City Airport Director. (Ord. 29 § 1, 1981; CC § 85.425)

13.20.240 Aircraft storage and repairs – Area.

No aircraft shall be stored or repaired in any area or space other than those areas and spaces designated for such purposes by the Airport Manager. (Ord. 29 § 1, 1981; CC § 85.426)

13.20.250 Securing of unattended aircraft.

Securing of unattended aircraft shall be the responsibility of the pilot of the aircraft. (Ord. 29 § 1, 1981; CC § 85.427)

13.20.260 Safe handling of aircraft.

The pilot of moving aircraft, or of an aircraft preparing or waiting to move, shall take all due care to avoid, and shall assure himself that there is no danger of a collision with any other aircraft, whether moving or stationary, or with any building or obstruction. Aircraft shall at all times be taxied, landed or taken off at reasonable speeds and while under the full control of the pilot. (Ord. 29 § 1, 1981; CC § 85.428)

13.20.270 Taxiing.

Aircraft shall not be taxied into or out of hangars. (Ord. 29 § 1, 1981; CC § 85.429)

13.20.280 Night flying.

No person shall land at, taxi on or take off from an unlighted runway after dusk or before dawn, except in the event of an emergency. (Ord. 29 § 1, 1981; CC § 85.430)

13.20.290 Starting and running engine – Location.

Aircraft engines shall be started and warmed up only in those places designated for such purposes by the Airport Manager. Aircraft shall be so placed and oriented while an engine is running that no hangar, building or person is in the path of the propeller slipstream, and so that no dust cloud or other hazard to aircraft is created. (Ord. 29 § 1, 1981; CC § 85.431)

13.20.300 Running of aircraft engines.

No aircraft engine shall be started or run unless a licensed pilot or mechanic is attending the controls. Blocks equipped with ropes, or other suitable equipment for blocking an aircraft, shall always be placed in front of the main landing wheels prior to starting an engine of the aircraft unless the aircraft is equipped with adequate locking brakes. (Ord. 29 § 1, 1981; CC § 85.432)

13.20.310 Running of engine in hangar.

No aircraft engine shall be started or run in a hangar at any time. (Ord. 29 § 1, 1981; CC § 85.433)

13.20.320 Plant quarantine inspection.

A. Federal and California plant quarantine laws, as may be currently in effect, shall be enforced. Any person bringing plants, fruits, vegetables, nuts, seeds, cotton bolls, raw cotton, cottonseed, or unprocessed plant products from any state or territory, including Hawaii, or from any foreign country, shall report to the Airport Manager who will arrange for inspection by the proper plant quarantine officials.

B. All aircraft carrying such plants or plant products, including aircraft having come directly from Hawaii, which are not certified as inspected and released by the United States Department of Agriculture, shall remain unloaded of such plants and plant products until inspected or otherwise cleared by the proper authorities. (Ord. 29 § 1, 1981; CC § 85.434)

13.20.330 Damage to airport property.

Any and all airport property damaged, injured or destroyed, by accident or otherwise, shall immediately be paid for by the person or persons responsible for such damage, injury or destruction; provided, that the Director of Public Services may, in his discretion, authorize deferred payment. (Ord. 29 § 1, 1981; CC § 85.435)

13.20.340 Disposition of disabled aircraft.

The owner, pilot or operator of any aircraft which becomes wrecked or disabled at an airport, shall be responsible for the prompt removal of the wrecked or disabled aircraft, and parts thereof, as directed by the Airport Manager. In the event the owner, pilot or operator fails to comply with such directions, the wrecked or disabled aircraft, and parts thereof, may be removed by the Airport Manager at the expense of the owner, pilot or operator. (Ord. 29 § 1, 1981; CC § 85.436)

13.20.350 Accident reports.

Persons involved in or witnessing an aircraft accident on the airport shall report such accident to the Airport Manager’s office or to the nearest guard as soon as it is reasonably possible to do so. Such persons shall make written reports as requested by the Airport Manager. (Ord. 29 § 1, 1981; CC § 85.437)

13.20.360 Present hours of operation.

Hours of operation effective as of March 13, 1979, shall remain in effect unless changed by the City Council. (Ord. 29 § 1, 1981; CC § 85.438)

Article VI. Noise Abatement

13.20.370 Noise abatement procedures.

All persons operating aircraft from City airports shall comply with all noise abatement procedures, traffic patterns and policies as may be established by the City and acceptable to the FAA. (Ord. 29 § 1, 1981; CC § 85.441)

13.20.380 Training flight restrictions.

Only those aircraft that on takeoff or landing cause an effective perceived noise level (EPNL) not greater than 90 decibels (dB) at a sideline location of 450 meters (1,500 feet) from the extended centerline of the runway shall be permitted to conduct training flights at the City airports.

A. For purposes of this article, the sideline effective perceived noise level shall be that measured or estimated as provided in Federal Aviation Administration Advisory Circulars 36-1B, dated December 5, 1977, and 36-2A, dated February 6, 1978, which circulars, including all subsequent revisions, amendments and reissues thereof, are incorporated by reference by this section.

B. For the purposes of this article, “training flight” means any instrument or visual approach to the airport conducted for the purpose of student instruction, pilot proficiency training, or pilot evaluation check rides, whether or not a landing touchdown is accomplished. (Ord. 29 § 1, 1981; CC § 85.442)

13.20.390 Permanently based aircraft.

B. A “permanent base of operations” for an aircraft is established at an airport whenever that airport serves as the base of activities for flight operations, maintenance and/or storage for any period exceeding 21 days in a calendar year. (Ord. 29 § 1, 1981; CC § 85.443)

Article VII. Motor Vehicle Regulations

13.20.400 General.

Motor vehicles shall be operated on the airport in strict compliance with the applicable provisions of the California Motor Vehicle Code, the Poway Municipal Code, and with these rules and regulations. (Ord. 29 § 1, 1981; CC § 85.451)

13.20.410 Restricted areas.

No motorized equipment or vehicles shall be operated on the aircraft aprons of the field or on the taxiway and aircraft landing area, except by persons assigned to duty in those areas or by persons so authorized by the Airport Manager. (Ord. 29 § 1, 1981; CC § 85.452)

13.20.420 Speed.

Motor vehicles shall be operated in strict compliance with the speed limits prescribed by the Airport Manager and indicated by posted traffic signs. In no event shall any motor vehicle, except emergency vehicles in an emergency situation, exceed a speed of 25 miles per hour. (Ord. 29 § 1, 1981; CC § 85.453)

13.20.430 Parking.

Vehicles shall be parked on the airport in the manner and at the locations indicated by posted traffic signs. (Ord. 29 § 1, 1981; CC § 85.454)

13.20.440 Common carriers.

No bus, truck, taxi or other common carrier or vehicle for hire shall load or unload passengers or personal property at any place on the airport other than that place or those places designated by the Airport Manager. (Ord. 29 § 1, 1981; CC § 85.455)

13.20.450 Accident reports.

Persons involved in or witnessing a motor vehicle accident on the airport shall report such accident to the Airport Manager’s office or to the nearest guard as soon as it is reasonably possible to do so. Such persons shall make written reports as requested by the Airport Manager. (Ord. 29 § 1, 1981; CC § 85.456)

Article VIII. Other Regulations

13.20.460 Conformance to other regulations.

A. In addition to the provisions of this chapter, all activities on City airports shall conform to Federal, State, and local laws, ordinances, regulations, policies or other publications applicable to aircraft operations, land use, construction, safety, or any other activities conducted on a City airport.

B. Such regulations shall include, but are not limited to, Federal Aviation Administration Regulations, Noise Standards, Zoning Ordinances, Building Codes, Motor Vehicle Codes, Uniform Fire Codes, and Air Pollution Control District Rules. (Ord. 29 § 1, 1981; CC § 85.461)