Chapter 5.76


5.76.010    Definitions.

5.76.020    Aircraft landings unlawful without permit.

5.76.030    Permit issuance.

5.76.040    Permit application and documents.

5.76.050    Permit revocation.

5.76.060    Appeal.

5.76.070    Penalty.

5.76.010 Definitions.

(1) “Aircraft” means any contrivance now known, or hereafter invented, used or designed for manned navigation of, or manned flight in the air, including, but not limited to, airplanes, helicopters and balloons.

(2) “Aircraft landing” means any maneuver by an aircraft which causes any part of such aircraft to contact the ground or any structure on the ground, or to come within immediate proximity of the ground or any such structure. (Ord. 1545, 1987).

5.76.020 Aircraft landings unlawful without permit.

It is unlawful for any person to land an aircraft, or to cause or permit an aircraft to land in the city of Marysville without first having obtained an aircraft landing permit as provided in this chapter. Public operations in cases of emergencies, search and rescue, or fire, and any operations by law enforcement, military or medical personnel, are exempt from the application of this chapter. (Ord. 1545, 1987).

5.76.030 Permit issuance.

The city clerk, or designee, is authorized to issue or deny aircraft landing permits. Applications for the same shall be circulated for review and comment among all affected departments of the city. A permit may be issued only if the clerk finds that the proposed landing will pose no substantial threat to the health, safety or welfare of the surrounding community. Permits may only be issued for occasional, infrequent aircraft landings. Frequent, regular, or scheduled aircraft landings, such as at an airport, heliport or helistop, are not to be permitted under any circumstances. (Ord. 1545, 1987).

5.76.040 Permit application and documents.

(1) Applications for aircraft landing permits shall be accompanied by a fee for administrative expenses in the amount of $10.00, shall be on forms provided by the city clerk, and shall contain the following information:

(a) Name, address and telephone number of applicant;

(b) Description of aircraft involved, specifying type, manufacturer, dimensions, gross weight with fuel, type of fuel, passenger capacity, cargo weight limits, FAA license registration number, and minimum area required for landing and take-off;

(c) Purpose of landing;

(d) Site of landing, including name, address and telephone number of property owner;

(e) Time of landing;

(f) Weather conditions that would make a landing unsafe;

(g) Proposed safety precautions on site;

(h) Ground facilities that will be required for refueling, maintenance, servicing, loading or unloading, and any other appurtenances necessary on the ground for such landings;

(i) Experience of pilot or operator and license number if applicable.

(2) The applicant shall provide the following documents:

(a) Hold-harmless agreement for the benefit of the city signed by the person responsible for the landing;

(b) Permission to land signed by the person with legal possession of the land. (Ord. 1545, 1987).

5.76.050 Permit revocation.

The mayor, fire chief or police chief, or their designees, are authorized to revoke any permit issued pursuant to this chapter if there is probable cause to believe that the aircraft landing is not or will not be carried out in the manner prescribed by the permit, or the aircraft landing will pose a substantial threat to the public health, safety or welfare. The applicant shall be notified promptly of the permit revocation. (Ord. 1545, 1987).

5.76.060 Appeal.

Any aggrieved person may appeal the determination of the city to issue, deny or revoke an aircraft landing permit. Such appeals shall be filed, in writing, within 10 days of the date of the permit decision. An appeal hearing shall be held before the city council within two weeks thereafter. The decision of the city council shall be final. (Ord. 1545, 1987).

5.76.070 Penalty.

The violation of any section of this chapter shall constitute a misdemeanor and shall be punished pursuant to MMC 6.03.120. (Ord. 1545, 1987).