O2025
f:\atty\mu ni\laws\mjm\airportordinance3-1 . wpd
City Council Meeting 11-13-01
Santa Monica, California
ORDINANCE NUMBER 2025 eCCS)
(City Council Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF SANTA MONICA AMENDING SANTA MONICA MUNICIPAL
CODE SECTIONS 10.04.04.040 AND 10.04.04.050 AND ADDING
SECTION 10.04.04.055 TO THE MUNICIPAL CODE RELATING
TO AIRPORT REGULATIONS
WHEREAS, the Santa Monica Aircraft Noise Abatement Code is intended to set
maximum limits on aircraft noise in order to promote the public welfare, including, in
particular, the welfare of the Airport's residential neighbors; and
WHEREAS, developments in aviation and changes in law require that the Code be
amended in order to best achieve its purposes; and
WHEREAS, these developments include changes in aircraft ownership and
operation, such as the advent of fractional ownership shares and fleet operations, which
raise new issues as to accountability for noise violations; and
WHEREAS, current civil penalties for noise violations were adopted many years ago
and are consequently too low to achieve their purpose; and
WHEREAS, residential neighbors depend upon effective noise enforcement to
protect their home environments and the quality of their lives; and
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WHEREAS, in enforcing noise restrictions, the City recognizes its obligation to
educate and warn aircraft pilots, operators and owners about the restrictions in order to
facilitate voluntary compliance; and
WHEREAS, requiring registration in conjunction with Airport use will facilitate the
education program, will not significantly burden registrants. and will assist in promoting the
public welfare,
NOW, THEREFORE, THE CITY COUNCil OF THE CITY OF SANTA MONICA
DOES HEREBY ORDAIN AS FOllOWS:
SECTION 1. Santa Monica Municipal Code Section 10.04.04.040 is hereby
amended to read as follows:
Section 10.04.04.040 Enforcement and appeal.
The Airport Director shall issue orders imposing civil and
administrative remedies for violations of the Noise Code. Such remedies
shall include, but are not limited to, civil penalties and suspension or
revocation of Airport privileges or permits. The following standards and
procedures shall apply:
(a) All violations of the Noise Code shall be remediable by order of
the Airport Director. Sanctions forwillful or repeat violations may be imposed
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and operator. For purposes of this subchapter, the term "owner" includes
the registered owner of an aircraft and any person or entity possessing any
ownership interest in an aircraft. The term "operator" includes any person or
entity operating, managing or controlling an aircraft.
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(b) Sanctions shall be progressive. The initial civil penalty for a
repeat or willful violation shall be two thousand dollars ($2,000.00). The
penalty for a violation following the initial civil penalty shall be five thousand
dollars ($5,000.00), and the penalty for a violation following the second civil
penalty shall be ten thousand dollars ($10,000.00). After imposition of the
maximum fine of $10,000.00, subsequent violations shall, after a hearing,
result in a suspension of Airport privileges for six months and, following that,
revocation of privileges or permits. The Airport Director shall notify the
Federal Aviation Administration prior to ordering the suspension or
revocation of Airport privileges or permits under this Subsection. If particular
circumstances show that progressive monetary sanctions will be ineffective
to achieve compliance, suspension or revocation may be ordered after a
hearing prior to imposing the maximum monetary penalty.
(c) The Airport Director may also require the abatement of violations
and compliance with conditions related to abatement of further violations.
(d) The Airport Director 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
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investigation to assure that a violation was not caused by extraneous factors
such as loss of power, the need to avoid other aircraft, or unusual weather
conditions, impose sanctions under this Section.
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(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 Chapter 6.16 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 1.08.010 of the Municipal Code.
(g) A person who fails to pay a civil penalty within thirty (30) days
after the issuance of an order to do so shall pay a separate charge of ten
percent 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 2, Santa Monica Municipal Code Section 10.04.04.050 is hereby
amended to read as follows:
Section 10.04.04.050 Aircraft Exclusion.
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If a particular aircraft is operated in excess of noise limits, that aircraft
may be excluded from the Airport by order of the Airport Director in
accordance with the following standards:
(a) The Airport Director shall maintain a list of aircraft types that are
estimated to be unable to meet the maximum noise limit of Section
10.04.04.060 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.
(b) 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.
SECTION 3. Section 10.04.04.055 is hereby added to the Santa Monica Municipal
Code to read as follows:
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Section 10.04.04.055. Registration Requirements.
After landing, each pilot or his or her representative must comply with
all registration requirements prescribed by the Airport Director by regulation
including completing a registration form and acknowledging receipt of a
summary of Airport regulations.
SECTION 4, 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 further, is hereby repealed or modified to that extent necessary to
effect the provisions of this Ordinance.
SECTION 5. If any section, subsection, sentence, clause, or phrase 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 ofthis Ordinance. The City Council hereby declares that itwould 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.
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SECTION 6. 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. This Ordinance shall become effective 30
days from its adoption.
APPROVED AS TO FORM:
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Adopted and approved this 13th day of November, 2001. /"
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Michael Feinstein, Mayor
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State of California )
County of Los Angeles) ss.
City of Santa Monica )
I, Maria M. Stewart, City Clerk of the City of Santa Monica, do hereby certify that the
foregoing Ordinance No. 2025 (CCS) had it's introduction on October 23, 2001 and
adoption at the Santa Monica City Council meeting on November 13, 2001 by the
following vote:
Ayes:
Council members: O'Connor, McKeown, Genser, Katz, Mayor Pro Tem
Bloom, Mayor Feinstein
Noes:
Council members: None
Abstain: Council members: None
Absent: Council members: Holbrook
ATTEST: