O1326CA:RMM:SSS:sssmog3
City Council Meeting 1-22-85 Santa Monica California
ORDINANCE NUMBER 1326(CCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
AMENDING CHAPTER 1 OF ARTICLE X
OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO THE SANTA MONICA AIRPORT
THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES ORDAIN
AS FOLLOWS:
SECTION 1. Chapter 1 of Article X of the Santa Monica
Municipal Code, consisting of Sections 10100 through 10144, is
repealed in its entirety.
SECTION 2. Chapter 1 is added to Article X of the Santa
Monica Municipal Code to read as follows:
Chapter 1 - MUNICIPAL AIRPORT
Subchapter A.
GENERAL PROVISIONS.
SECTION 10000. Name. Purpose,, and
Scope. This Chapter shall be called the
Santa Monica Airport Code. It governs the
use and operation of the Santa Monica
Municipal Airport ("the Airport"). The
Airport Code is intended to provide for
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reasonable, safe, and efficient use of the
Airport as a public transportation
facility and as a base for aviation and
aviation -related operations and to protect
the municipal environment from the effects
of aircraft noise.
SECTION 10001. Authority for
Regulations. The Airport Code is adopted
pursuant to the City's power as owner,
operator, and proprietor of the Airport to
regulate the use of the Airport,
consistent with the power of the United
States Government to control air traffic
and aircraft safety. This Code also
constitutes an exercise of the City's
police power over ground operations, motor
vehicles, and other matters not preempted
by State or Federal law.
SECTION 10002. Powers of Airport
Director. The Airport Director shall have
the right, power, and authority to enforce
this Code and other laws, regulations, and
orders relating to the use of the Airport.
These powers include the following
specific powers and duties:
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(a) general_Authority, The Airport
Director is invested with all rights,
power and authority of the City to issue
orders and enforce orders, laws and
regulations pertaining to the use of the
Airport.
(b) Deice of Aircraft Operations.
The Airport Director may delay or restrict
any aircraft operation subject to any
limitations imposed by State or Federal
law and in accordance with the following
standards:
(1) Discretion may only be
exercised where there is reason to believe
that a person or aircraft will violate or
has violated the proprietary rights of the
City, that a violation of this Code is
imminent, or that its exercise is
necessary for the protection of the public
health, safety, or welfare.
(2) The Airport Director may
issue an order impounding any aircraft
until charges for storage, supplies, or
service rendered to it by the City shall
have been paid.
(3) Nothing in this Section
shall authorize the Airport Director to
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deny access to the Airport to employees of
the Federal Government or to other persons
in case of an emergency.
(c) Suspension of Flights. The
Airport Director, by appropriate notice,
may restrict or suspend all flights or
flying when required by military need,
emergency, or other special circumstances.
(d) Regulations. The Airport
Director, with the approval of the City
Attorney, may adopt rules and regulations
to carry out the purposes of this Chapter.
The Airport Director shall publish such
rules and regulations once in a newspaper
of general circulation within the City of
Santa Monica. Within ten (10) days of the
date of publication of such rules and
regulations, any interested person may
file a request with the Airport Director
that the Airport Commission review the
rules and regulations so published. The
rules and regulations shall be final at
the expiration of the period for
requesting review in the event no request
for review is filed, or in the event of
the filing of a request for review, when
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the rules and regulations have been
approved by the Airport Commission.
Subchapter B.
AIRCRArT NOISE ABATEMENT CODE.
SECTION 10050. Name, Purpose and
Sco e. This subchapter of the Airport
Code may be called the "Aircraft Noise
Abatement Code" or "Noise Code." It is
generally intended to encourage all pilots
using the Airport to fly their aircraft as
quietly as possible consistent with
aviation safety. It is also intended to
set maximum limits on permissible aircraft
noise and to regulate night and repetitive
operations as well as helicopter
operations. The Noise Code governs all
take -offs from, landings at, and other
operations from the Airport.
SECTION 10051. Authority for
Regulations. The Noise Code is enacted
under the power of the City, as proprietor
of the Airport, to make reasonable
regulations intended to protect persons
exposed to aircraft noise from noise
pollution, in accordance with the judgment
in Santa Monica AirpoLt Association v.
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i
City of Santa Monica, 479 F. Supp. 927
(C.D. Cal. 1979), aff'd 659 F.2d 100 (9th
Cir. 1981).
The Noise Code is also enacted in
furtherance of the Agreement executed
January 31, 1984, between the City and the
Federal Aviation Administration ("the
Airport Agreement") and the Noise
Mitigation Program of the City's Airport
Plan, both adopted by Resolution Number
6814 (CCS).
SECTION 10052. Basic Principles.
The Noise Code shall be interpreted and
enforced to achieve abatement of aircraft
noise to the extent technologically
practicable and consonant with air safety
and to promote cooperation, communication,
and compliance with law. The following
basic rules shall apply to the Noise Code:
(a) The Airport Director shall
cooperate with pilots and other airport
users and with the Federal Government in
order to promote voluntary compliance with
the provisions and purposes of the Noise
Code and shall assist, counsel, and
educate regarding ways to improve the
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noise performance of all aircraft using
the Airport.
(b) No person shall operate an
aircraft at the Airport in violation of
any provision of the Noise Code or in
violation of any applicable federal or
state law or regulation or order of the
Airport Director. The term "at the
Airport" includes operations while an
aircraft is on the ground, as well as
landing at, taking off from, or other
operations at or from the Airport.
(c) All privileges, licenses,
permits, and contractual rights permitting
a person or aircraft to use or be based at
the Airport are conditioned on adherence
to the Noise Code and other applicable
laws, and may be revoked for multiple
violations after a hearing pursuant to the
procedures of this Chapter. This remedy
shall be supplementary to the rights of
the City under contract.
(d) The Airport Director shall
inform all persons using the Airport of
applicable noise abatement regulations and
recognized safe noise abatement operating
procedures for each type of aircraft,
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shall counsel pilots on compliance with
regulations, and shall record violations
and take appropriate action in accordance
with Section 10053.
SECTION 10059. Enforcement and
Appeal. The Airport Director shall issue
orders imposing civil and administrative
remedies for violations of the Noise Code.
The following standards and procedures
shall apply:
(a) All violations of the Noise
Code shall be remediable by order of the
Airport Director. Sanctions may be
imposed for repeat or wilful violations.
(b) An order of the Airport
Director may impose, for each separate
violation, a civil penalty of up to $500,
a suspension of airport privileges or
permits for up to one year, or both. The
Airport Director shall notify the Federal
Aviation Administration prior to ordering
the suspension of airport privileges or
permits under this subsection.
(c) The Airport Director may also
require the abatement of violations and
compliance with conditions related to
abatement of further violations.
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(d) The Airport shall consider all
relevant factors in each case, including
the wilfulness, severity and frequency of
violations, and the existence and use of
safe noise abatement operating procedures
appropriate to the aircraft. With respect
to pilots who repeatedly operate an
aircraft in violation of the noise limit
of Section 10055, the Airport Director,
may, after investigation to assure that a
violation was not related to extraneous
factors beyond the pilot's control such as
loss of power, avoiding other aircraft, or
unusual weather conditions, impose
sanctions under this Section.
(e) Any person aggrieved by an
order of the Airport Director may appeal
to the City's Hearing Examiner pursuant to
the time limits and procedures of Section
6126 of the Municipal Code. The decision
of the Hearing Examiner shall be final
except for judicial review and shall not
be appealable to the City Council.
(f) A wilful violation of an order
of the Airport Director shall be a
misdemeanor punishable under Section 1200
of the Municipal Code.
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(g) A person who fails to pay a
civil penalty within 30 days after the
issuance of an order to do so shall pay a
separate charge of ten percent• (10%) of
the unpaid amount of the civil penalty.
The Airport Director may also exclude such
person from the Airport until such time as
the penalty and any late payment charge
are paid. Such an order shall be final
and shall not be appealable to the Hearing
Examiner.
(h) The remedies as set forth in
this Section are supplementary to any
legal or equitable remedies available to
the City in its governmental and
proprietary capacities, including but not
limited to the right to abate nuisances
and hazards.
SECTION 10054. Responsibility for
Compliance. An order of the Airport
Director may be directed to a pilot, owner
of an aircraft, or aircraft as the
circumstances of the case may require, in
accordance with the following standards:
(a) Where a particular aircraft is
operated in excess of noise limits, that
aircraft may be excluded from the Airport
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in accordance with the following
standards:
(1) The Airport Director
shall maintain a list of aircraft types
that are estimated to be unable to meet
the maximum noise limit of Section 10055
under any conditions and operating
procedures. This list shall be based on
actual measurement of aircraft operations.
If there are insufficient measured flights
of a particular type, the Airport Director
shall act upon the best available
information, including Federal Aviation
Administration estimates. These "Listed
Aircraft" may, after one violation of the
maximum noise limit, be excluded from the
Airport.
(2) An aircraft other than a
Listed Aircraft may be excluded from the
Airport after repeated violations of noise
limits if the Airport Director determines
that the "Permitted Aircraft" is likely to
violate noise limits even if flown
according to recommended safe operating
procedures under normal weather
conditions.
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(b) If a pilot operates an aircraft
in violation of the Noise Code and the
circumstances indicate that the violation
was within the control of the pilot and
was not related to extraneous factors
beyond the pilot's control, sanctions may
be imposed on the pilot of the aircraft
for repeat violations. Pilots shall not
be subject to sanctions unless they
individually commit multiple violations.
(c) If an aircraft is operated in
violation of the Noise Code by a person
other than the owner of the aircraft, the
pilot and not the owner of the aircraft
shall be subject to sanctions, except as
follows:
(1) The owner of a Listed
Aircraft shall be subject to civil penalty
or exclusion with respect to the aircraft
in violation.
(2) The owner of a permitted
aircraft based at the Airport shall be
subject to sanctions if the Airport
Director determines that the owner failed
to advise the pilot of the applicability
of the Noise Code to the aircraft or
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recognized safe procedures to achieve
compliance.
(3) The owner of an aircraft
excluded from the Airport shall be subject
to sanctions or prosecution for knowingly
or wilfully violating an order of the
Airport Director imposing such exclusion.
(4) For purposes of this
section, the term "owner of an aircraft"
includes the registered owner and a
fixed -base operator who allows a third
party to use the aircraft pursuant to a
"lease -back" agreement with the registered
owner.
SECTION 10055. Maximum Noise Limit.
No aircraft shall exceed a Single Event
Noise Exposure Level (SENEL) of 95
decibels as measured at the Airport Noise
Measuring Stations existing on January 1,
1985. If additional Stations are
established, the maximum SENEL shall be
set for each measuring point at an
equivalent level.
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SECTION 10056. Performance Based
Noise Limit.
(a) By regulation adopted in
accordance with Section 10002(d), the
Airport Director shall provide for a
Performance Based Noise Limit by aircraft
type. No aircraft shall exceed the SENEL
limit established by the Airport Director
as the lowest SENEL limit that can be met
by the type of aircraft concerned
consistent with safe operating procedures.
(b) The Performance Based Noise
Limit shall be for a two-year experimental
period commencing on the date of its
adoption and shall be developed in
consultation with the Federal Aviation
Administration in accordance with the
Airport Agreement.
(c) Performance -Based Noise Limits
shall be based on actual measurement of
aircraft operations, if there are
insufficient measured flights of a
particular type, the Airport Director
shall set a limit based on the best
available information.
(d) Pending completion of this
experimental program, no pilot who
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violates the Performance Based Noise Limit
but does not violate the maximum noise
limit of 95 dB may be fined or excluded
from the Airport.
SECTION 10057.
The Airport shall be
at all reasonable
Hours of Operation.
open for public use
hours of the day and
night, subject to the following
restrictions:
(a) The Airport Director may close
the Airport because of conditions of the
landing area, necessary maintenance, the
presentation of special events, and
similar causes.
(b) No aircraft shall be started,
run-up, or depart the Airport between the
hours of 11:00 p.m. and 7:00 a.m. Mondays
through Fridays nor between 11:00 p.m. and
8:00 a.m. Saturdays and Sundays, except
in case of bona fide medical or public
safety emergency, with the consent of the
Airport Director or, in his or her
absence, the Watch Commander of the Police
Department.
SECTION 10058. Restrictions on
Aircraft Operations. The following
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regulations apply to operations at the
Airport:
(a) Touch and Go and Stop and Go
operations are prohibited on Saturdays,
Sundays, and holidays, and during weekdays
between one-half hour after sunset and
7:00 a.m. of the following morning. This
restriction shall not apply in
emergencies, where necessitated by safety
considerations, or when required by the
Federal Aviation Administration.
(b) Touch and Go operations shall
be permitted only after the pilot of the
aircraft has received permission from the
air traffic controller in the control
tower and in no event shall be made unless
the aircraft has initiated takeoff prior
to reaching the touch and go limit lines
painted on the runway.
(c) Simulated forced landings shall
not be permitted until the aircraft
reaches pattern altitude and in no event
shall be made opposite to the direction of
take -off.
(d) For purposes of this Section,
holiday shall mean New Year's Day,
Memorial Day, Independence Day, Labor Day,
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Thanksgiving Day and Christmas Day,
provided, however, that if 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.
SECTION 10055. Helicopter Opera_
tions. The following provisions apply to
the use of helicopters at the Airport:
(a) Until the completion of the
study of helicopter noise authorized by
the Airport Agreement, no person shall be
granted a permit or lease to use the
Airport as a base for any operation
involving the substantial use of
helicopters.
(b) Helicopter flight training
operations at the Airport are prohibited
at all times.
Subchapter C.
AIRPORT FIELD REGULATIONS
SECTION 10100. Name_,®_ourpose and
scone. This subchapter of the Airport
Code may be called the "Airport Field
17
Regulations" or "Field Regulations."
These regulations are generally intended
to maintain the safety and economic
viability of the Airport through
enforcement of uniform standards and
permit procedures. The Field Regulations
govern all activity of persons, motor
vehicles, and aircraft on the ground of
the Airport. They shall not derogate any
obligations imposed by present or future
contracts between the City and Fixed -Base
Operators or other users of the Airport.
SECTION 10101. Commercial®Qpera-
tions. No person shall use the Airport as
a base for any commercial activity without
an operations permit issued by the City
Manager. The term "commercial activity"
includes the carrying for hire of
passengers, freight, express or mail, the
sale of fuel and related products or
services, the sale or lease of new or used
aircraft, the sale of aircraft parts and
supplies, flight or ground schools
requiring a fixed base, aircraft repair
and maintenance, the sale of food and
refreshments, or any other activity for
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which a business license from the City is
required.
SECTION 10102. Operations Permits.
The following standards and procedures
apply to operations permits:
(a) Applications shall be presented
to the Airport Director on an approved
form and considered by the Airport
Commission before issuance of a permit by
the City Manager. Applications shall, at
a minimum, identify the applicants and its
principals, document the applicant's
financial responsibility, and specify
types of service to be provided and types
and number of aircraft proposed to be
used.
(b) The Airport Director shall, by
regulation, provide for an expedited
permit procedure for commercial operations
not requiring a fixed base at the Airport.
The Airport Director may grant expedited
permits upon registration of the applicant
and proof of compliance with the
following:
(1) The applicant shall
demonstrate that he or she has valid and
current certification from the Federal
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Aviation Administration as required for
the performance of the applincant's
services.
(2) The applicant shall agree
to be bound by the provisions of Section
20106 providing for indemnity of the City.
(3) The applicant shall
register any motor vehicles used in the
course of his or her business with the
Airport Director, furnish proof of public
liability insurance for such vehicles, and
comply with any conditions the Airport
Director deems necessary to promote safety
and maintain adequate access to the
Airport.
(4) The applicant shall pay
such processing fees and furnish proof of
such insurance as may be required by
Resolution of the City Council.
(5) The Airport Director may,
based on the scope and nature of the
services proposed to be provided, require
that the applicant obtain an operations
permit from the City Manager pursuant to
the regular procedures and standards of
Section 20102.
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(c) An operations permit shall
identify the location of the base and the
specific uses permitted. The permit may
be amended to permit additional locations
or uses. Applications for amendments need
relative to the
only contain information
additional locations or use
sought and
identification of any changed conditions
since the issuance of the original
operations permit.
(d) Applications for air carrier
service shall identify and assess the
effects of the service on community
aircraft noise exposure, automobile
traffic, and
other significant
environmental impacts and propose
appropriate mitigation
measures*
Environmental assessment shall be in
accordance with State and City laws and
procedures. As used in this section, "air
service includes commuter
carrier" taxi
service, air charter and air
operations, frieght, cargo, express, and
mail service, and other commercial flight
operations certificated by the Federal
Aviation Administration.
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(e) The
requirement of an
it is supplementary to
operations perm
necessary development reviews, business
licenses and other fees and approvals as
may be required by applicable law. The
a parcel of land
leasing by the City of
for fixed-base aviation operations does
not relieve the lessee, or any other
person occupying the parcel, from the
requirement of obtaining or amending
operations permits unless the lease so
specifies. deny,
(f) The City Manager may
grant unconditionally,
or .grant an
operations permit subject to conditions
reasonably related to the promotion of the
safety or economic viability of the
Airports compliance with the Airport
Agreement or Airport plan, or the
abatement of community exposure to
aircraft noise or other environmental
concerns. A decision of the City Manager
shall be finals subject to judicial
The Airport Director may
review.
regulation standard
establish by operations
conditions to be part of all p
permits unless specifically deleted.
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(g) Except as provided in
Subsection (h), an operations permit shall
be deemed granted subject only to standard
conditions if it is not disapproved or
conditionally approved by the City Manager
within 60 days of the filing of a
completed application unless extended by
the City Manager in writing for an
additional period not to exceed 60 days.
(h) No operations permit shall be
granted unless and until the applicant or
authorized representative has obtained all
other governmental approvals applicable to
the project, except that a building permit
may not be granted without an operations
permit.
(i) The Airport Director may issue
an order directing a holder of an
operations permit to comply with
applicable laws or conditions of permits.
The City Manager may suspend or revoke an
operations permit for wilful violation of
such an order. Any suspension or
revocation may be appealed to the City's
Hearing Examiner pursuant to the time
limits and procedures of Section 6126 of
the Municipal Code. The effect of such
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suspension or revocation shall be stayed
pending timely appeal to the Hearing
Examiner.
(j) The City Council by Resolution
may establish and from time to time amend
fees for the processing of applications
for operations permits and fixed -base
operator leases, which shall not exceed
the reasonable cost of such processing.
SECTION 10103. Exemions. Opera-
tions permits shall not be required if the
provisions of any of the following
subsections are met:
(a) Flying clubs shall be exempted
from obtaining an operations permit upon
the issuance of a permit from the Airport
Director. Flying clubs are defined as
non-profit membership organizations formed
to allow for the multiple ownership of
aircraft. Issuance of the permit shall be
based solely on examination of club
by-laws and verification of non-profit
status. The permit may be revoked by the
Airport Director if the club engages in
commercial activities as described in
Section 10101.
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(b) A person may sell his or her
personal aircraft without obtaining an
operations permit, provided that no person
may engage in two such sales within any
twelve-month period without an operations
permit. A person may lease his or her
personal aircraft to holders of commercial
operations permits without obtaining an
operations permit.
SECTION 10104. Flight Instructors.
No person shall hold himself or herself
out as a flight instructor or give flight
instruction except in compliance with the
following requirements:
(a) The instructor shall register
with the Airport Director, demonstrate
that he or she has a valid and current
flight instructor's certification from the
Federal Aviation Administration, and,
except for employees of holders of
commercial operations permits, obtain an
operations permit under Section 10102(b).
(b) All persons instructing or
checking out pilots in flying at the
Airport shall fully inform the pilots of
the Noise Code and other regulations in
effect at the Airport and shall be
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responsible for the conduct of such
student pilots under their instruction.
SECTION 10105. Aircraft Mainten nce
and Repair. No person shall hold himself
or herself out as an aircraft mechanic or
maintain or repair the aircraft of another
person for consideration except in
compliance with the following
requirements:
(a) The mechanic shall register
with the Airport Director, demonstrate
that he or she has a valid and current
certification from the Federal Aviation
Administration, and, except for employees
of holders of commercial operations
permits, obtain an operations permit under
Section 10102(b).
(b) Repairs of aircraft in
designated tie -down or storage areas shall
be limited to maintenance and repairs that
do not impede the flow of ground traffic
in the area or interfere with access to
aircraft or aircraft movement.
(c) Aircraft parts, tools, or
supplies shall not be permitted to
accumulate in designated aircraft parking
or storage areas. Persons conducting
26
maintenance or repair activities shall be
responsible for the prompt clean-up of
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such areas and removal of any accumulated
material.
SECTION 10105. indemniU. The
privileges of using the Airport and its
facilities are conditioned on the
assumption of full responsibility and risk
by the user thereof, and the user shall
release, hold harmless, and indemnify the
City, members of the City Council and
Boards and Commissions, and officers and
employees of the City from any liability
or loss resulting from such use.
Nothing in this Chapter shall be
deemed to impose any liability upon the
City of Santa Monica or its officers or
employees, or to create any private rights
of action in any person, or to relieve any
person using the airport from any duty or
standard of care imposed by law.
SECTION 10107. Insurance. All
aircraft owners and operators shall be
covered at their expense by public
liability insurance in such amounts and
terms as established by Resolution of the
27
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City Council. Such insurance shall name
the City, members of the City Council and
Boards and Commissions, and officers and
employees of the City as additional named
i
insureds.
SECTION 10108. Aircraft Tie -Dawn
and Hangar Rental. The owner or operator
of aircraft using the Airport shall pay
the prescribed rental rate. The tie -down
or parking rate shall be based on the
length of the wing -span in feet, the
weight of the aircraft, the number of
engines, or similar measure, and shall be
charged by the month, day, or half-hour.
The rental rate for hangar parking shall
be a single monthly sum. All such rates
shall be established by Resolution of the
City Council.
SECTION 10109. Landing_ Fees.
Owners or operators of aircraft operated
for commercial purposes shall pay a
landing fee in the following amounts:
AIRCRAFT GROSS WEIGHT FEES
PER LANDING
Less than 21000 lbs.
$2.00
2,000 to 4,000 lbs.
$3.00
4,000 to 61000 lbs.
$4.00
6,000 to 10,000 lbs.
$5.00
10,000 to 20,000 lbs.
$7.50
20,000 to 30,000 lbs
$10.00
30,000 to 50,000 lbs.
$15.00
50,000 to 70,000 lbs.
$20.00
Over 70,000 lbs.
$25.00
Landing fees may be established and
from time to time amended by Resolution of
the City Council. Landing fees shall not
apply to the use or operation
of aircraft
by persons holding a valid
operations
permit under Section 10101.
SECTION 10110. Technical Codes.
All structures at the Airport shall comply
with applicable provisions of Chapter 1 of
Article VIII of the Municipal Code
relating to Technical and Construction
Codes.
SECTION 10111. Fire Regulations.
In addition to any other requirement
imposed by law, all persons at the Airport
shall comply with the following specific
fire regulations applicable to all persons
using the Airport:
(a) Every person using the airport
or its facilities in any way shall use the
F&]
i
utmost caution to prevent fire and shall
not cause to exist any condition
constituting a fire hazard.
(b) No aircraft shall be fueled or
i
drained while its engine is running or
while in a hangar or other enclosed place,
done in such manner and
Fueling shall be
with such equipment that adequate
�I
connections for the grounding of static
electricity
shall be maintained
continuously during fueling operations.
No smoking shall be permitted within 50
feet of the point where fuel is removed
from or discharged into any aircraft.
(c) No cylinder or flask of
compressed flammable gas shall be kept or
stored except at such a place as may be
designated by the Eire Department.
(d) The cleaning of engines or
other parts of aircraft shall not be
carried on in any hangar except with
nonflammable substances. If flammable
liquids shall be employed for this
purpose, the operation shall be carried on
in the open air and a safe distance from
other aircraft.
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(e) During business hours, hangar
entrances shall be kept clear at all times
to permit ready access to the building to
combat fires.
(f) Floors of buildings shall be
kept clean and free of oil, and no
volatile or flammable solvent shall be
used for cleaning floors.
(g) No boxes, crates, rubbish,
paper, empty cans or bottles, or other
litter shall be permitted to accumulate in
or about any hangar.
SECTION 10112. Aircraft Ground
Operations. The following regulations
shall govern the operation of aircraft
while on the ground at the Airport:
(a) No aircraft engine shall be
started on any aircraft not equipped with
adequate brakes fully set, unless the
wheels have been chocked with blocks. No
aircraft shall be started or run-up unless
a competent operator is at the controls of
the aircraft at all times. No aircraft
shall be left unattended on the Airport
unless it is in a hangar completely
enclosed with the door locked securely or
such aircraft is locked in such a manner
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entered or st meted
that it
of proper cannot use be a prop ked All
without the shall be parked 1
the
unhangared aircrafturpo s e= and
spaces designated for that P
as above. of
locked pre-flight run"
(b) The at Faoints
si1a11 be conducted only
engines the Airport DirectaD No
designated by above idle
shall be operated
aircraft
it is i n such
unless
power or runup or turbine
position that the propellor
blast will clear
all buildings, all
aircraft maneuvering areas) and all people
areas•
in the observation
shall take any
(c) No person , r
Airporto
to, or from the
while under the
aircraft on,
operate any such aircraft) any
using,
influence of, or while
intoxicating liquor or drug'
(d) Wrecked or damaged aircraft
shall promptly be removed from runways or
taxiways by the aircraft owner or operator
tion of the Airport
subject to the dlrec the
Director and appropriate officials of
United states of America.
32
s.
SECTION 10113.
Fuelino O ration
Aircraft fueling operations shall be
conducted consistent with safety standards
contained in state, federal, and local
fire law.
The following additional
ions shall apply to the fueling Of
provsi
aircraft at the Airport
(a) The right of a pilot to fuel
his or her own
aircraft pursuant to
federal law shall be respected.
(b) The City Council may by
Resolution, establish a fuel flowage fee
ns or
to be paid to the City by all perSO lying gasoline or oils to be
companies Supp
dor sold at the Airport by
used, dispense ,
persons
other than the City•
Aircraft•
SECTION 10114• Ultraii ht
Pending verification by the Federal
Administration and the City that
Aviation
can operate at the
ultralight aircraft
romising aviation
Airport without Comp
no person shall operate an
safety, Federal
ultralight aircraft, as defined by
Aviation Regulations Part 103, at or from
the Airport.
33
SECTION 10115. Motor vehicles.
(a) No person shall operate a motor
vehicle at the Airport except in
accordance with this Section. As used in
this Section, the term "motor vehicle"
includes any vehicle other than an
aircraft, including bicycles.
(b) Motor vehicles shall be parked
in designated parking areas.
(c) No person shall operate a motor
vehicle on, upon, or across any portion of
the Airport except along or upon roadways
designated for travel by motor vehicles or
those portions of the Airport set aside by
the Airport Director for automobile
parking purposes.
(d) No person shall operate, drive,
or propel any motor vehicle at a speed of
greater than 25 miles an hour at the
Airport.
(e) The Airport Director may place
on the Airport such stop signs and parking
regulation signs as he or she may deem
necessary. No person shall park any
vehicle contrary to the directions on any
parking sign or enter any intersection
posted with a stop sign without first
34
bringing his or her vehicle to a full stop
within 6 feet of such intersection.
(f) No person shall operate, drive,
or propel any motor vehicle on any landing
area of the Airport.
(g) Police or fire vehicles driven
on the Airport in response to emergencies
shall not be subject to subsections (e)
and (f). Vehicles driven on the Airport
for the purpose of making repairs and
improvements to the Airport or for
wreckage removal and governmental vehicles
driven on the Airport on official business
shall not be subject to subsections (d)
and (e), providing that the operators
obtain a permit to enter the landing area
from the Airport Director, conspicuously
display an approved orange and white
safety flag on the vehicles, and enter and
leave the Airport at established gateways.
(h) All vehicles hauling trash
shall be covered. No vehicle used for
hauling trash, dirt, or any other
materials shall be operated on the Airport
unless such vehicle is constructed so as
to prevent its contents from dropping,
sifting, leaking, or otherwise escaping.
35
Any person who spills any d rt or any
other materials from vehicles <Dperated at
the Airport shall immediately c lean up the
spilled material.
(i) violation of the pjr-ovisions of
this section shall be punish ble by fine
pursuant to Section 3395 of j---Ine Municipal
Code. The procedures of Sect; ion 3386 and
3386A of the Municipal Coc e shall be
to violations o f the motor
applicable
vehicle operating and parkin c� regulations
of this Chapter.
(7) The Airport Direct ®r shall have
authority to tow or otherw i se move motor
vehicles which are parked i n violation of
this Chapter in accordance w ith applicable
law.
SECTION 10116. Pedestrians. No
pedestrians shall be upon any taxiway or
landing area of the Airport without first
obtaining a signed permit f rom the Airport
Director, excepting mechanics who are by
necessity required to be on a taxiway or
landing area to remove damaged aircraft.
SECTION
10117. Exper�_._�_imental
Fli_.oh=s. No experimental certification
36
test flights or ground demonstrations
shall be conducted on or at the Airport
without the written permission of the
Airport Director.
SECTION 10116. Dania e Re —OL"
and
ResRonsibililly. Any person damaging any
light or fixture by means of contact with
any aircraft or surface vehicle shall
report such damage to the Airport Director
immediately and shall be fully responsible
for any costs required to repair or
replace the damaged facility.
SECTION 10119. Motion Pictures and
Commercial Photo ra h No person shall
take still, motion, video or sound
pictures for commercial purposes on the
Airport without a use permit approved by
the Airport Director. The use permit
shall be in writing and shall set forth
any conditions pertaining to use as the
Airport Director shall determine and the
fee or charge to be paid for such use.
The fees and charges for the use of the
Airport for commercial photography shall
be established by Resolution of the City
Council and shall be paid prior to the
37
issuance of the use permit. Any violation
of the terms or conditions of such permit
shall be a misdemeanor.
SECTION 10120. Penal.
The
violation of any provision of this
subchapter shall be a misdemeanor
punishable by a fine of up to $500, a jail
term of up to six months, or both.
Subchapter D.
GLOSSARY OF TECHNICAL TERMS.
SECTION 10150. Definition of Terms.
The following words or phrases as used in
this Chapter shall have the following
meanings:
An
(a) Traffic
Pattern.
approximately rectangular flight track
designed to provide for an organized flow
of local traffic around the Airport in
which the runway centerline forms one part
Of one of the longer legs of the
rectangle. The traffic pattern shall be
established by the Federal Aviation
Administration in cooperation with the
City.
(b) Sound PressureLevel• The
sound pressure level of a sound is 20
M
times the logarithm to the base 10 of the
ratio of the measured root mean square
(RMS) value of the sound pressure to a
reference sound pressure. Measurement
units are decibels (dB). The reference
pressure is 20 micro Pascals. [SPL = 20
Loglp (P measured a P reference)]
(c) A-WeightedSound Pressure
Level. The sound pressure level which has
been filtered or weighted to
quantitatively reduce the effect of low
frequency noise. It was designed to
approximate the response of the human ear
to sound. A-weighted Sound Pressure Level
is measured in decibels with a standard
sound level meter which contains the "A"
weighting network. A-weighted decibels
are abbreviated dBA. Relevant standards
are defined by the American National
Standards institute Specification for
Sound Level Meters (S1.4-1971).
(d) Sin le Event Noise Ex osure
Level. SENEL is the time-integrated
A-weighted Sound Pressure Level of a
single aircraft flyover (which exceeds a
threshold noise level) which is expressed
by the level of an equivalent 1-second
39
duration reference signal. The threshold
level at the Airport shall be at least 65
dbA. SENEL provides a measure which
quantifies the effect of duration and
magnitude for a single event measured
above a specified threshold. SENEL is
defined by California Division of
Aeronautics, "Noise Standards for
California Airports," California
Administrative Code Chapter 9, Title 4
(Register 70, No. 48, November 28, 1970).
(e) Community Noise Equivalent
Level. The CNEL is the annual average (on
an energy basis) noise level measured in
A -weighted Sound Pressure Level for a 24
hour period with different weighting
factors for the noise levels occurring
during the day, evening, and nighttime
periods. CNEL is defined by California
Division of Aeronautics, "Noise Standards
for California Airports," California
Administrative Code Chapter 9, Title 4
(Register 70, No. 48, November 28, 1970).
SECTION 3. Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such inconsistencies and no
U
further, are hereby repealed or modified to that extent
necessary to effect the provisions of this ordinance.
SECTION 4. If any part of this ordinance is for any
reason held to be invalid or unconstitutional by a decision of
any court of competent jurisdiction, such decision shall not
affect the validity of the remaining portions of this
ordinance. The City Council hereby declares that it would
have passed this ordinance and each and every part not
declared invalid or unconstitutional without regard to whether
any part of this ordinance would be subsequently declared
invalid or unconstitutional.
SECTION 5. 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 15 days after its adoption. The ordinance
shall become effective 30 days after the date of its adoption.
APPROVED AS TO FORM:
artA
Robert M. Myers
City Attorney
41
Adopted and approved this 22nd day of January, 1985.
Mayor
I hereby certify that the foregoing Ordinance No. 1326(CCS)
was duly and regularly introduced at a meeting of the City
Council on the 8th day of January 1985; that the said Ordinance
was thereafter duly adopted at a meeting of the City Council on
the 22nd day of January 1985 by the following Council vote:
Ayes: Councilmembers: Conn, Edwards, Epstein, Jennings,
Katz, Zane and Mayor Reed
Noes: Councilmembers: None
Abstain: Councilmembers: None
Absent: Councilmembers: None
ATTEST:
a-'tt
City Clerk