O1137
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CA;RLK:msh
':14y coun. ~eet1ng
09-10-79
Santa Mon1c~al1fornla
ORDINANCE NUMBER
1137
(CITY COUNCIL SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SANTA MONICA AMENDING SECTION 10100, SECTION
10105, 10105B, lOl05C OF THE SANTA MONICA MUNICIPAL
CODE, TO CLARIFY LANGUAGE, TO SET APPROPRIATE
NOISE LIMITATIONS, TO ESTABLISH NOISE LEVEL
VIOLATIO~ PRESUMPTION, TO PRECLUDE TRAINING OF
HIGH PERFO&~NCE AIRCRAFT, ~~D TO AUTHORIZE RULE
MAKING.
THE CITY COUNCIL OF THE CITY OF S&~TA MO~ICA DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. Section 10100 of Chapter 1 of Art~cle X of
the Santa Mon1ca Mun1c1pal Code 1S hereby a~ended to read as follows:
SECTION 10100. PURPOSES OF THIS ARTICLE. This Art1cle
governs the use and operation of the Santa Monica Municipal A~rport
to the full Ilffilt of the authority which the C1ty of Santa Mon1ca
possesses as the owner, operator, and propr1etor of said airport,
as a charter C1ty operating under the Const1tut1on of the State
of California and also to the full extent othenv1se provided by
law sUbJect to the following standards:
A. The Santa Mon1ca Municlpal A~rport shall be conducted
as a public alrport faCllity subject to such lawful and valid 11ml-
tat~ons as the City Council may 1Rpose by law. No provlsion of
thlS Artlcle shall encroach, lnvade or interfere with any fleld
withln the exclusive control of the Federal Government or to the
State of Californ1a. To this end, any provlsion which conflicts
or 1S pre-empted by any superlor governmental enacbMent has no force
or effect.
B. Any provision set forth 1n thlS Article is adopted
freely and voluntarlly by the C1ty of Santa Monica without any
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CA RLK:msh
City COIIIIr Meet~ng 09-10-79
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coerc~on, force, restr~ction, or restra~nt by any governmental
agency, enactment, or otherwise. Use restrictions imposed herein
are ~mposed solely on the bas~s of the proprietary power of the
City of Santa Mon~ca and are not deemed an exercise of the police
power, except when such restrict~ons cannot be val~dly exerclsed
under the Clty'S proprietary power but could be exerclsed by virtue
of the pol~ce power or any other power conferred upon a mun~c~pality.
In wh~ch case, such powers are exerclsed to the full extent permltted
by law.
c. There 1S no ~ntent to Ilm~t ln any manner the powers
of the C1ty of Santa Monica either as proprletor or as a governmental
agency with regard to the enforcement of any provision of th15
law, or to create any r1ghts 1n any party other than the Clty of
Santa Bon1ca. The provlsions hereof are adopted to provlde for
a utll~zatlon of the airport faclllty WhlCh 15 compatible with
adJacent residentlal, lndustrial, and comroercial uses, to provlde
a mlniroum of lnterference with the peace and enjoyment of the citlzens
surroundlng the alrport, a mlnlmUffi of environmental damage, and
a mlnlmum of noise and air pollut~on commensurate with compatlble
airport use. In lnterpreting any of the provls1ons hereof, the
Airport Dlrector and other employees of the City shall operate
reasonably and 1n conformity wlth the purposes hereinabove set forth.
SECTION 2.
Sectlon 10105 of said chapter 1S hereby amended
to read as follows:
SECTION 10105. USE OF AIRPORT. No person shall navlgate
any aircraft or land upon or takeoff from, or service, repalr or main-
tain any alrcraft on the alrport otherwise than ln conformlty with
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Meet~ng 09-10-79
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thlS Chapter and appllcable laws of the State of Californ~a and
the federal government, or rules and regulatlons of the civl1
Aeronautlcs Board and the Civil Aeronautics AQ~nistratlon.
SECTION 3.
Section 10105B of sald chapter lS hereby
amended to read as follows:
SECTION 10105B. AIRCRAFT NOISE RESTRICTIONS FOR THE
SANTA MONICA MUNICIPAL AIRPORT.
Subsection (I). Purpose. The purpose of this sectlon
1S to 11~lt the noise ln residentlal areas ln the viclnlty of Santa
Monlca t1unlcipal Alrport, generated by takeoff and landing operat1ons
at sald Alrport. To accompllsh this purpose, these regulatlons
establish quantitatlve measure~ent standards for nOlse levels produced
durlng takeoff and landlng operations and designate nOlse level
limlts for alrcraft n01se measured at one or more locatlons about
the A1rport.
Subsection (2).
Defin1tlons. Each of the terms as used
in th~s ordinance shall be defined as follows:
a) Sound pressure level (SPL): The sound pressure level,
ln decibels (dB), of a sound is twenty times the logarlthm to the
base 10 of the ratlo of the pressure of thlS sound to the reference
sound pressure. The reference pressure shall be 20 micropasca1s
(20 mlcronewtons per square meter, or 0.0002 m1crobar).
b) NOlse level (NL): The noise level, 1n decibels, 1S an
A-weighted sound pressure level as measured using the slow dynamic
characterlstics for sound level meters specified ln the Amer1can
National Standard Spec1flcat1on for Sound Level Meters, ANSI 81.4-1971
(or latest revislon thereof),
The A-weighting characterlstlcs rnod1fles
the frequency response of the ~easuring lnstrunent to account_apprOxl~
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mately for the frequency character1st1cs of the human ear. The reference
pressure is 20 ffilcropascals.
c) NL Maximum (NU1). The max~mum NL reached durlng an
a1rcraft noise occurence. Th1S 15 synonymous with the unit "dBAM"
as found in FAR-36, Part 36, Appendlx F.
d} Noise exposure level {NEL}: The no~se exposure level
ln declbels is the level of nOlse accumulated during a given event.
More specifically, the noise exposure level is the level of the
time-integrated a-weighted sound pressure for a stated time lnterval
or event, based on a reference pressure of 20 micropascals and a
reference duration of one second.
e) S1ngle event n01se exposure level (SENEL): The s1ngle
event noise exposure level, 1n decibels, is the n01se exposure level of
a single event, such as an alrcraft flyby, measured over the tlme
interval between the initial and flnal times for which the noise
levels of a slngle event exceeds the threshold noise level. For
implementation in these regulat10ns, the threshold nOlse level shall
be 65 NL.
f) Callfornia A1rport Noise Standards: The California
Airport N01se Standards are deflned in the Callfornla Department of
Aeronautics "No1se Standards," Ca11forn.ta Adminlstratlve Code,
Subchapter 6, Title 4 (Register 70, No. 48, November 28, 1970), or
latest revisions thereof.
g) Alrcraft operator: Aircraft operator means the legal
or benef~c~al owner of the a~rcraft with authority to control the
aircraft utllizatloni except where the aircraft is leased, the lessee
1S the operator.
h) City: C~ty means the City of Santa Monica.
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1) Airport: Airport means the Santa Monica Mun1cipal
Airport.
J) Aircraft Model: Aircraft Model means a verS10n of an
a~rcraft that requlres or ~f now manufactured would require nOlse
certification under FAA rules.
Subsectlon (3): Methodology. The noise levels generated by
alrcraft takeoffs or alrcraft landlngs at the Airport are to be
measured at one or more positions ln the vicinity of the Airport.
The measurements shall be in terms of the single event nOlse
exposure level (SENEL). The measured SENEL values are to be compared
with noise level llmits establ1shed by this ordinance. An alrcraft
operator whose aircraft produces noise levels which exceed the
SENEL I1mlts shall be deemed to be in violatlon of this ordlnance.
Subsectlon (4). Measurement Locations. Measurements shall
be made at ground posltlons on or near the center line of nomlnal
takeoff and landlng fllght tracks for alrcraft operatlng from the
Airport. The nomlnal fllght track is a I1ne projected on the ground
under the nOffilnal fl1ght path of the aircraft. Measurement posltlons
shall be establlshed by the Clty at a ~ositlon 1500 feet from the
east and 1500 feet from the west end of the runway. Additioml
measurement positions may be established as needed to carry out the
purpose of this ordlnance.
Subsectlon (5). Frequency of Measurement. At each
established mlcrophone locatlon, single event noise exposure level
measurements shall be made on a schedule to be establ~shed by the City.
Subsectlon (6). N01se Monltor~ng System Speclficatlons.
The no~se monitoring system shall measure the single event no~se
exposure level of noise events exceeding the n01se threshold establ~shed
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at each measurement pos~tion and shall log the time of occurrence
of each event. The performance of the noise monitor~ng system shall
meet the requ~rements established ln Noise Standards, as amended.
In general, the overall accuracy of the noise measurement system shall
be + 1.5 dBAs determined ~n accordance with the procedures spec~f~ed
in Section 5080.3 of the Cal~fornia A~rport NOlse Standards, as amended.
Subsection (7) Fleld M~asurement Precautions. Specific
locations of the monltoring systems shall be chosen, whenever
posslble, such that the noise levels contributed from sources
other than aircraft shall be equal to or less than 60 dB. The
measurement microphone shall be placed 20 feet-above the ground
level or at least 10 feet from the nelghboring rooftops,
whlchever ~s higher. To the extent practical, the fallowing
precautions should be followed:
a) Each monitoring location shall be In an open area
surrounded by relatlvely flat terraln having no exceSSlve sound
absorptlon characteristics such as may be caused by thick tall
grass, shrubbery or wooded areas.
b) No obstructions WhlCh would slgnificantly lnfluence
the sound field from the alrcraft shall exist withln the
conlcal space above the measurement pos~tion, the cone belng defined
by an aX1S along the Ilne of sight normal to the aircraft and by a
half angle of 75Q from this aX1S.
c) When the foregoing precautions are not practical, the
microphone shall be placed at least 10 feet above nelghbor~ng
buildlngs In a positlon which has a clear line-aI-sight view to the
path of the alrcraft in flight.
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Subsect10n (8). Maximum Allowable S1ngle Event N01se
Level (SENEL). The City shall set noise level lim~ts for each of
the establ1shed measurement pos1t~ons. For the noise monitor
statlons specified in Subsection (4) above, the maxi~um perm~ssible
SENEL shall be 85 dec1bels.
Subsection (9). Estimated SENEL by Aircraft Model. Each
model of aircraft whose est1rnated n01se wlll exceed an SENEL of 85
at the No~se M nitor Statlons specified ln Subsect10n 4 above, 15 hereby
proh1blted, except In an emergency, from operatlng at the Santa Mon1ca
Airport. These estlmates w~ll be made in accordance wlth relevant
parts and w1th relevant aircraft performance and operating conditions
spec if led in "FAA Integrated Noise l\lodel, VerS10n 1.", January 1978,
u.S. Department of Transportat~on, or modlflcations thereof, and
utilizing noise data measured or estlmated in accordance with FAR 36,
Part 36, Appendices C and F, or mod1flcations thereof.
Subsection (9) (a). Noise Level Ratings (listed).
The Airport Dlrector wlll make ava1lable to pllots uSlng Santa
Monlca Airport, Jeppesen Sanderson Manual and the Federal AVlation
AdmlnlstratLon, wkth a request for publication, a 11st of alrcraft,
which, based on estlmates suppl1ed to lt by the FAA, the EPA, Aircraft
Manufacturer's and independent consultants would be likely to exceed
the limits set forth above at the monitor site or sites. These
estimates will be made ln accordance w1th relevant parts and with
relevant aircraft performance and operating conditions speclfled
in the "r'AA Integrated NOlse ~lodel, Version l." January 1978, U.S.
Department of Transportation, modifications thereof, or other document
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established by rules adopted by the Airport Director as provlded
for herein if these documents are not maintained, and utlllzlng
noise data measured or estimated in accordance wlth FAR 36, Part 36,
Appendices C and F, or modlficatlons thereof.
Subsectlon (9) (b). Noise Level Ratlngs (estlmates).
For FAA noise cert~fied a~rcraft relevant nOlse data are to be
found ~n Advisory Clrcular AC no. 36-, U.s. Department of Transportat~on,
Federal Av~atlon Administration, Washington, D.C. The nOlse em~SSlon
to be nominally expected at the Santa Monica N01se Monitor Stations
from a model of alrcraft not now certlfled by the FAA can only
be estimated, for purposes of this ordinance, through the
application, by the manufacturer, owner or their representatlves
of said a1rcraft types, of appropriate FAR-36, Part 36, Appendix
C or F procedures, and the FAA Integrated Noise Model.
Subsectlon (IO). Noise Level Llmitation Presumptlon.
(a) Aircraft Rated Above Llmlt. It is conclusively presumed that
any person ownlng, operating or permltting the use of any aircraft
listed in Subsection 9 above the establlshed noise level limit lntends
to violate that 11m~t.
(b) Alrcraft Rated Below Llmlt. Aircraft WhlCh, based on data supplied
In accordance with Subsection (9), would be expected to operate
at or below the nOlse level l1IDlts set forth In this sectlon, but
do not, are rebuttably presumed to be gUl1ty of an intent~onal
v~olation or crlmlnal negllqence based on lnappropriate pilot
operatlng procedures, modlflcation of the alrcraft, or improper
malntenance. ThlS presumptlon may be rebutted only wlth clear and
convlnclng evidence to establlsh that condltlons wholly beyond the
control of the pilot caused the vlolatlon.
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c) Unrated A1rcraft. Unrated aircraft, for the purposes of
th1S Section, shall be deflned as an aircraft that is not provided
for under Subsect10n 9 (a) and (b) of this ord1nance. Each such
aircraft 1S presumed to exceed the n01se limits of the Santa
Monica Airport, unt11 such t1me that sufficient technical
1nformat1on, as defined in Subsect10n 9 (a) and (b), 1S furnished to
establish that the particular aircraft under Subsection 9 (a) and
(b) standards w1ll meet the nOlse Ilm~t set by the City of Santa
Monlca.
SECTION 4. Section lOl05C of said chapter is hereby amended
to read as follows:
SECTION lOlOSC. Author1ty of A1rport Director.
(1) Peace Officer Authority. The Municipal Airport Dlrector is
hereby specifically des1gnated as a peace off1cer of the City of
Santa Monica, and lS made such pursuant to Sections 830, 830.1
and 836.5 of the Penal Code of the State of Callfornia, and 15
1nvested with all rights, power and author1ty of the C~ty of Santa
Mon1ca to enforce the laws, rules and regulations pertaining to
the use of the Santa Monica Mun1clpal Airport.
The Municipal Airport Director is further author1zed and
empowered to appo1nt one or more persons to act as hlS deput1es,
who shall be made peace offlcers, pursuant to Section 830, 830.1
and 836.5 of the Penal Code of the State of Callforn1a upon the1r
des1gnatlon. ~
(2) Rule Making. The Airport Director shall have the power to
adopt rules and regulations to carry out the purposes of this chapter
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and not in~confllct with any provlsion of law. Such rules and
regulatlons shall be adopted ln accordance with the followlng
procedures:
a. Notice of Proposed Action: Except in emergency s~t-
uatlons necessary for the immediate protection of publlC health,
safety or welfare, 30 days prlor to adoption of a rule, the proposed
action must be:
1. Publlshed in a newspaper of general circulatlon in
the Clty of Santa Manlca not less than 3 times;
2. Filed wlth the City Clerk;
3. Malled to the reglonal offlce of the Federal Aviation
Administration;
4. Mal1ed to any persons or associations who have flIed
a request for notice with the Alrport Dlrector and who wlll pay
the reasonable cost of recelvlng such notlce.
b. Contents of Notlce. The notlce of proposed action
shall contain:
1. The express terms of the proposed action;
2. Reference to authority under which the regulatlon
is proposed and the code section or provislon of law belng lmple-
mented, interpreted or made speclflc;
3. Digest of eXlsting laws related to the proposed actlon
and the effect of the proposed action;
4. The name and telephone number of the Airport Director
or such other person designated to receive inquirles; and
5. The date after the expiratlon of 30 days from the
date of not~ce upon which the proposed action wlll become effective.
c. Opportunlty to be heard. Prior to the date upon wh1ch
the proposed action would become effectlve, any interested person
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or h1S duly authorized representative shall have the opportunlty
to present statements, arguments, or connectlons ln wrltlng by
fil~ng the same w~th the office of the Airport Director.
d. The violation of any rule or regulation adopted
in accordance with this section 1S a mlsdemeanor.
SECTION 5. Section lOlllC of sald chapter is hereby
amended to read as follows:
SECTION 10111. Touch and Go Landings. Touch and go
landlngs shall be permltted only after the pilot of the alrcraft
has rece1ved approval from the air traff1C controller in the
control tower and in no event shall be made unless the
aircraft has landed prior to reachlng the touch and go lim1t
line palnted on the runway in use. No touah and go land1ngs shall
pe made during the hours of darkness or by high performance
aircraft.
SECTION lOlllA. Approach. No pilot shall make a
short approach or a stralght-in approach to the airport unless
approval 1S obtalned from the control tower prior to startlng
the approach.
SECTION lOlllB. Simulated Forced Landlngs. There
shall be no simulated forced land1ngs withln the conflnes of the
trafflc pattern.
SECTION lOlllC. Touch-and-Go, Stop-and-Go and Low
Approach Operation. Except (i) 1n the case of an emergency,
(~i) where n~cessitated by safety considerat~ons, or (i~i) when
required by the Federal Aviation Adminlstration, no person shall
operate any aircraft or cause the operatlon of such on or at the
Santa Monica Mun1cipal A1rport, in a manner so as to make a touch-and-
go, stop-and-go or low approach operatlon, as those terms are deflned
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hereinbelow, during any weekend or legal hol~day as set forth
hereafter, and no such operation by high performance aircraft shall
be performed at any time.
(1) Touch-and-Go Defined. For purposes of th~s Sect10n,
a touch-and-go operatlon shall mean an actlon by an a1rcraft consisting
of a land~ng and departure on a runway without stopp~ng or exit~ng
the runway.
(2) Stop-and-Go Defined. For purposes of this Section,
a stop-and-go operat1on shall mean an action by an aircraft cons1st1ng
of a landing followed by a complete stop on the runway and a takeoff
from that point.
(3) Low Approach Defined. For purposes of th1S Section,
a low approach operation shall mean an action by an aircraft
consisting of an approach over the A1rport for a land1ng where
the pilot 1ntent1onally does not make contact with the runway thereon.
(4) High Performance A1rcraft Def~ned: For the purposes
of this Section, a h1gh performance aircraft shall mean any a1rcraft
with a manufacturer's maX1mum rated air speed 1n excess of 300 m.p.h.
(5) Weekend Deflned. For purposes of th1s Section, a
weekend shall mean that perlod from 12:01 o'clock a.m., Saturday
morn~ng, unt~l and including 11:59 o'clock p.m. of the next succeedlng
Sunday night.
(6) Hol1day Deflned. For purposes of thlS Section, holiday
shall mean New Year's Day, Memorlal Day, Independence Day, Labor
Day, Thanksgiving Day and Christmas Day, provided, however # that lf
any such holiday falls on Saturday or Sunday, and as a result such
holiday is observed on the proceding Friday or succeeding Monday, then
such Friday or Monday, as the case may be, shall be considered to
be a holiday under this Section.
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Section 6. Grandfather Clause. The SENEL of 85
dec~bels establ~shed under this ord~nance shall not apply to aircraft
based at Santa Mon~ca Airport on September 10, 1979, until June I, 1980,
when it shall be ~n full force and effect. This period of grace ~s
granted upon the follow~ng express cond~tions: (a) OWners and
operators of nonconform~ng aircraft w~ll nake dil~gent efforts
to relocate them or to substltute alrcraft capable of meet~ng
the current nOlse requirements. Relocation and substltut~on shall be
made with all deliberate speed. (b) Owners and operators of
non-conform~ng aircraft w~ll use no~se abatement procedures recommended
by the alrcraft manufacturer, the FAA, or the A~rport Director.
(c) The violatlon of the 100 SENEL restriction, or of any provision
of Artlcle X of thls Code, will terminate the privllege granted by
this Sectlon and strlct compliance with the 85 SENEL restriction
w~ll thereafter be enforced. (d) A~rcraft that operate above the
85 SENEL, or otherw~se In vlolat~on of Art~cle X, other than
those that were based at Santa Monica Airport on September 10,
1979, shall not be operated, maintained, or serviced In any
manner.
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SECTION 7. Any provisions of the Santa ~onica MunIcipal
Code, or appendices thereto inconsistent herewith, to the extent
of such Inconslstencies and no further, aTe hereby repealed
or modified to that extent necessary to effect the provIsions
of this ordInance.
SECTIO~ 8. If any section, subsection, sentence, clause
or phrase of this ordInance is for any reason held to be
lllvalid or unconstltutional by a decision of any court of
competent Jurlsdiction, such decislon shall not affect the
validity of the remainIng portlons of the ordinance. The City
Council hereby declares that It would have passed thIS
ordinance and each and every section, subsection, sentence,
clause or phrase not declared invalid or unconstitutional
without regard to whether any portion of the ordinance would
be subsequently declared invalid or unconstitutIonal.
SECTION 9. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk
shall cause the same to be published once In the official
newspaper within fifteen (15) days after its adoptIon. The
ordinance shall become effective after thirty (30) days
from its adoption.
APPROVED AS TO FORM:
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ADOPTED AND APPROVED THIS
23rd
DAY
OF October
J 1979.
j;f &t/~4t.Jd4\' {haAt!J14.
MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE~
No. 1137 J WAS DULY AND REGULARLY INTRODUCED AT A MEETING OF
THE CITY COUNCIL ON THE 25th DAY OF September J 1979j THAT
THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED AT A MEETING
OF THE CITY COUNCIL ON THE 23rd DAY OF October
BY THE FOLLOWING COUNCIL VOTE:
J 1979
AYES:
COUNCILMEMBERS:
Bambrick, Yannatta Goldway, Jennings,
Scott, van den Steenhoven
NOES:
COUNCILMEMBERS:
\rone
ABSENT:
COUNCILMEMBERS:
Reed
ATTEST:
~ C/-
hI- "/. ~
~.y CLERK .