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O1137 1 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 -1- CA RLK:msh City COIIIIr Meet~ng 09-10-79 . 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 -2- CA RLK:msh City Co~ Meet~ng 09-10-79 . 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~ -3- . ,. 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. -4- . . 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 -5- . - 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. -6- . .. 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 -7- . . 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. -8- . . 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 -9- . . 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 -10- . - ~ 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 -11- . ii1f'JIo-. . 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. -12- . . 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. II II II II II II II II -13- --~ It .. 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: ~)~f&~, -14- .. - ~-"JIR'"~ _...;>''"-,: ~ y~_ ~ ~-r-- . .. ~ 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 .